[Rev. 6/2/2018 8:17:40 AM]

Link to Page 166

 

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ê1945 Statutes of Nevada, Page 167 (Chapter 108, AB 631)ê

 

the political affiliation designated on his registration card then on file in the office of the county clerk, or the fact that no political affiliation is designated, as the case may be. Registration offices shall be open for registration of voters for any primary or general election, Sunday and legal holidays excepted, from and after the first day of May in any general election year, except as otherwise provided in this act, up to the fortieth (40th) day next preceding such election, and between the hours of 9 a. m. and 5 p. m.; provided, that the office of the county clerk as ex officio registrar, shall be open for registration of voters for any election, other than a primary or general election, for not more than eighty (80) days nor less than forty (40) days prior to the date of such election, at such times as said office is open for the transaction of his business as county clerk; provided further, that during the ten days previous to the close of registration the registration office shall be open evenings until 9 p. m. Registry cards shall be numbered consecutively in the order of their receipt at the office of the county clerk. The county clerk shall classify registry cards according to the precinct in which the several electors reside, and shall arrange the cards in such precinct alphabetically in order. The cards for each precinct shall be kept in a separate filing case or drawer which shall be marked with the number of the precinct. Such card index shall constitute the official register.

      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  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.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 effective from and after its passage and approval.

 

 

When offices open for registration of voters

 

 

 

 

 

 

 

Open evenings for ten days previous to close of registration

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 109, AB 681

[Assembly Bill No. 186–Messrs. Smith and Strosnider]

 

Chap. 109–An Act to amend 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 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 23 of the above-entitled act, being section 2426 N. C. L. 1929, Supp. 1941, is hereby amended to read as follows:

      Section 23.  On dates set by the respective state central committees, but if no earlier date be set then on the second Tuesday in April, in each year in which a general election is to be held, a county convention of each political party shall be held at the county seat of each county in the state. The county central committee of each political party shall cause notice of the holding of such county convention of its party to be published in one or more newspapers, if any, published in such county, which notice shall be in substantially the following form:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County conventions to be held


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ê1945 Statutes of Nevada, Page 168 (Chapter 109, AB 681)ê

 

 

 

 

 

Form of notice to be published

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proportion of delegates

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

 

(Form of Notice)

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

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

                   Name of precinct                               Number of delegates

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

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

..........(name of party)..........County Central Committee of ......................................................

                   County, Nevada.

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

                                                And..... (its secretary).

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

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

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

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

 


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ê1945 Statutes of Nevada, Page 169 (Chapter 109, AB 681)ê

 

such total vote so cast shall have exceeded six hundred but shall not have exceeded eight hundred, each precinct shall have one delegate for each ten votes, or major fraction thereof, so cast within such precinct;

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

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

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

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

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

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

      (b) The county central committee of each political party in each county shall cause a mass meeting of the qualified electors of said party, registered as such, residing in each voting precinct entitled to delegates in the county convention, to be called and held in such precinct on or before the fifth day preceding the dates set by the respective state central committees of such year, or if no earlier date be set then on or before the fifth day before the second Tuesday in April, and shall cause notice of the time and place of the holding of such meeting to be posted in at least three public places in each precinct at least five days prior to the day of such meeting. Said notice shall specify the number of delegates to the county convention to be chosen at such meeting and shall be published in one or more newspapers, if any there be, published in the precinct; and said county central committee shall cause such further notice of such meeting to be given as the conditions existing in the precinct may reasonably require.

Proportion of delegates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All precincts represented

County central committee to call mass meeting


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ê1945 Statutes of Nevada, Page 170 (Chapter 109, AB 681)ê

 

Delegates, how chosen

 

 

 

 

 

 

 

 

Convention to be held at county seat

 

 

 

 

 

 

 

 

 

County central committee

 

 

 

Delegates to state convention

 

 

 

How certain nominations made

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

      (d) At a time and date set by the respective state central committees in said year, or if no earlier date be fixed then on the second Tuesday in April, the delegates so elected to each party county convention shall convene at the place in the county seat designated by the party’s county central committee and there organize, elect the delegates to which the qualified electors of the party residing in the county are entitled in the state convention of the party, and also elect the members of the county central committee of their party for the ensuing term; and they may also adopt a county platform and take such other action, consistent with the provisions of this act, pertaining to the affairs of their party in such county as they may deem proper. The chairman and secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.

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

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

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


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ê1945 Statutes of Nevada, Page 171 (Chapter 109, AB 681)ê

 

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

      Sec.2.  Section 24 of the above-entitled act, being section 2427 N. C. L. 1929, Supp. 1941, is hereby amended to read as follows:

      Section 24.  (State conventions.) (a) Each year in which the general state election is to be held, the delegates elected to the state convention of each political party by the several county conventions of such party shall convene on such respective dates as the state central committees of the parties shall designate, or if an earlier date is not designated then on the second Tuesday in May at the state capitol, or at such other place in the state as the state central committee of such party shall designate, and there organize, adopt state party platform, elect state central committee for such party for the ensuing term and the chairman thereof; and in years when presidential electors are to be elected such state convention of each political party shall be held at such time and place as may be designated by the state central committees of each party, and in such years they shall also select the necessary delegates and alternates to the national conventions, and select the national committeeman and national committeewoman of the party from the State of Nevada.

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

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

      (d) The state and county central committeemen shall serve for two years and until their successors shall have been elected. Any vacancy in any such committee, or in the offices thereof (including the office of chairman) arising from death, resignation, or other cause, shall be filled by the remaining members of the committee.

 

 

 

 

 

 

 

 

State conventions, when held

 

 

 

 

 

 

 

 

 

 

 

State central committee, how formed

 

 

Proxy must be voter in county represented

 

 

 

 

 

Committeemen must serve for two years


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ê1945 Statutes of Nevada, Page 172 (Chapter 109, AB 681)ê

 

Committeemen must serve for two years

 

 

 

 

 

 

 

 

Relating to conventions held in presidential election years

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

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

      Sec.3.  Section 24 1/2 of the above-entitled act being section 2427.01 N. C. L. 1929, Supp. 1941, is hereby amended to read as follows:

      Section 24 1/2.  In presidential election years, on the call of a national party convention, but one set of party conventions and but one state convention shall be held on such respective dates and places as the state central committee of the party shall designate; provided, that if no earlier dates be fixed, the state convention shall be held thirty days prior to the day set for the national convention and the county conventions shall be held sixty days prior to the day set for the national convention. Delegates to such conventions shall be selected in the same manner as prescribed in sections 23 and 24 of this act, except as to time, and each convention shall have and exercise all of the power granted it under the aforesaid sections 23 and 24. In addition to such powers granted it, the state convention shall select the necessary delegates and alternates to the national convention of the party, and, if consistent with the rules and regulations of the party, shall select the national committeeman and committeewoman of the party from the State of Nevada.

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

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

 

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CHAPTER 110, AB 731

 

[Assembly Bill No. 137–Churchill County Delegation]

 

Chap. 110–An Act to amend “An act regulating the nomination of candidates for public office in the State of Nevada,” approved March 23, 1917, as amended.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 4 of the above-entitled act, being section 2407 N. C. L. 1929, is hereby amended to read as follows:


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ê1945 Statutes of Nevada, Page 173 (Chapter 110, AB 731)ê

 

      Section 4.  All judicial offices and all school offices are hereby designated as nonpartisan offices, and the names of candidates for nonpartisan offices shall appear alike on the ballots of each political party without any party designation or party name thereafter.

      In any judicial district of this state having more than one district judge, each department thereof shall be a separate office for the purposes of nominating and electing the district judge thereof.

      (1) At least eighty days before the time for holding the September primary election in 1918, and biennially thereafter, the secretary of state shall prepare and transmit to each county clerk a notice in writing designating the offices for which candidates are to be nominated at such primary election.

      (2) Within ten days after receipt of such notice such county clerk shall publish so much thereof as may be applicable to his county, once in a newspaper published in such county.

      Sec.2.  Section 5 of the above-entitled act, being section 2408 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  The name of no candidate shall be printed on an official ballot to be used at a primary election, unless he shall qualify by filing a declaration of candidacy, or by an acceptance of a nomination and by paying a fee as provided in this act.

      (a) Every candidate for nomination for any elective office not less than fifty days prior to the primary shall file a declaration or acceptance of candidacy in substantially the following form:

 

Nomination Paper of .................................................., for the

Office of ..................................................

State of Nevada

 

 

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

}

ss.

 

      For the purpose of having my name placed on the official primary ballot as a candidate for nomination by the .............................. party as its candidate for the office of .............................., I the undersigned .............................., do solemnly swear (or affirm) that I reside at No. .........., .............................. street, in the city (or town) of .............................., County of .............................., State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the .............................. party; that I have not reregistered and changed the designation of my political party affiliation or an official registration card since the last general election; that I believe in and intend to support the principles and policies of such political party in the coming election; that I affiliated with such party at the last general election of this state, and I voted for a majority of the candidates of such party at the last general election (or did not vote at such general election, giving reasons); that I intend to vote for a majority of the candidates of said party at the ensuing election for which I seek to be a candidate; that if nominated as a candidate of said ..............................

Nonpartisan offices

 

 

 

Each district judge separate officer

 

Secretary of state to notify county clerks

 

 

Publication in newspaper

 

 

 

Declaration of candidacy

 

Form of declaration


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ê1945 Statutes of Nevada, Page 174 (Chapter 110, AB 731)ê

 

Form of declaration

 

 

 

 

 

 

 

 

 

 

 

Nonpartisan candidates

 

 

Ten or more electors may name candidate for nomination

 

 

 

 

 

 

 

 

 

 

 

Secretary of state to notify county clerks

election; that I affiliated with such party at the last general election of this state, and I voted for a majority of the candidates of such party at the last general election (or did not vote at such general election, giving reasons); that I intend to vote for a majority of the candidates of said party at the ensuing election for which I seek to be a candidate; that if nominated as a candidate of said .............................. party at said ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto.

.................................................................. (Signature of candidate for office.)

      Subscribed and sworn to before me this .......... day of ...................., 19.......... .............................. Notary public (or other officer authorized to administer an oath). Provided, that no candidate for a judicial office or a school office shall certify as to his party affiliations, and the names of such candidates shall be printed on the ballots of all parties under the heading of “nonpartisan candidates” for the respective offices.

      (b) Ten or more qualified electors may, not more than eighty nor less than fifty days prior to the September primary, file a designation of nomination designating any qualified elector as a candidate for the nomination for any elective office. When such designation shall have been filed it shall be the duty of the officer in whose office it is filed to notify the elector named in such designation thereof. If the elector named in the designation shall, not less than forty-five days prior to the primary, file an acceptance of such nomination and pay the required fee, he shall be a candidate before the primary in like manner as if he had filed a declaration of candidacy. If any such designation of nomination shall relate to a judicial or school office it may be signed by electors of any or all parties, but if it shall relate to any other office the signers shall all be of the same political party as the candidate so designated. The acceptance shall be in a form similar to that used by a candidate who files a declaration of candidacy.

      Sec.3.  Section 10 of the above-entitled act, being section 2413 N. C. L. 1929, is hereby amended to read as follows:

      Section 10.  At least thirty days before any September primary election preceding a November election the secretary of state shall transmit to each county clerk of any county a certified list containing the names and post-office address of each person for whom nomination papers have been filed in the office of such secretary of state, and who is entitled to be voted for in such county at such primary election, together with a designation of the office for which such person is a candidate and of the party or principles he represents;


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ê1945 Statutes of Nevada, Page 175 (Chapter 110, AB 731)ê

 

provided, that there shall be no party designation for candidates for judicial or school offices.

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

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

 

 

Repeal

 

In effect

 

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CHAPTER 111, AB 66

[Assembly Bill No. 66–Committee on Judiciary]

 

Chap. 111–An Act to amend “An act concerning the estates of deceased persons,” approved March 26, 1941.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 49 of the above-entitled act, being section 9882.49, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 49.  Administration of the estate of a person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:

      First-The surviving husband or wife, or such person as he or she may request to have appointed.

      Second-The children.

      Third-The father or the mother.

      Fourth-The brother.

      Fifth-The sister.

      Sixth-The grandchildren.

      Seventh-Any other of the kindred entitled to share in the distribution of the estate.

      Eighth-Creditors who have become such during the lifetime of the deceased.

      Ninth-The public administrator.

      Tenth-Any of the kindred not above enumerated, within the fourth degree of consanguinity.

      Eleventh-Any person or persons legally competent.

      Sec.2.  All acts and parts of acts, insofar as they may be inconsistent 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.

 

 

 

 

 

 

 

 

 

 

 

 

Who entitled to letters of administration; precedence

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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ê1945 Statutes of Nevada, Page 176ê

CHAPTER 112, AB 142

 

 

 

 

 

 

 

 

 

 

 

 

When female employees may work ten hours per day

 

 

 

 

 

 

 

 

 

 

Duty of labor commissioner

 

 

 

 

 

False statement misdemeanor

 

 

Declared emergency measure

[Assembly Bill No. 241–Mr. Ryan]

 

Chap. 112–An Act relating to the hours of employment of female employees in enterprises and projects necessary in the aid of the United States in the prosecution of the present war, and providing a penalty for the violation hereof.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Notwithstanding any law of this state to the contrary, it shall be lawful for any employer of female employees in this state, actually engaged in any enterprise or project necessary to the successful prosecution of the present war and in the necessary aid of the United States while engaged therein, whose production or services are at least ninety (90%) percent in direct connection with the war effort, to require or permit such female employees to work and labor for not more than ten hours in any one day; provided, that any such employer, before requiring or permitting any female employee to work or labor more than eight hours in any one day or more than forty-eight hours in any one week, shall file with the labor commissioner a statement in writing signed by such employer, or his or her agent, that the enterprise or project in which the female employees are engaged is in direct necessary aid to the federal government in the prosecution of the present war, and that at least ninety (90%) percent of the production or services are in direct connection with the war effort, whereupon the labor commissioner, if satisfied that such enterprise or project is in direct aid of the prosecution of such war, shall in writing permit the employment of such female employees for not more than ten hours in any one day as the case may be, for a period not to exceed six months; provided, that every female employee required to work and labor more than eight hours in one day or more than forty-eight hours in one week shall be allowed and paid time and one-half for each said hour of such overtime she is so required to work and labor.

      Sec.2.  Any employer or female employee who shall willfully make any false statement for the purpose of making this act effective as to any particular enterprise or project, or who shall violate any of its provisions shall be deemed guilty of a misdemeanor.

      Sec.3.  This act is hereby declared an emergency measure and necessary for the purpose of aiding the United States in a successful prosecution of the present war, and shall be in full force and effect from and after its passage and approval until the date proclaimed by the president as the termination of the existing war emergency, or the date specified in an concurrent resolution of the two houses of Congress as the date of such termination, or the date on which the Congress by a concurrent resolution of the two houses finds as a fact that the war emergency hereinbefore referred to has been relieved.


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ê1945 Statutes of Nevada, Page 177 (Chapter 112, AB 142)ê

 

the termination of the existing war emergency, or the date specified in an concurrent resolution of the two houses of Congress as the date of such termination, or the date on which the Congress by a concurrent resolution of the two houses finds as a fact that the war emergency hereinbefore referred to has been relieved.

 

 

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CHAPTER 113, SB 441

[Senate Bill No. 144–Committee on Ways and Means]

 

Chap. 113–An Act to amend an act entitled “An act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, defining certain misdemeanors and providing penalties therefor, and other matters relating thereto,” approved March 27, 1911.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 33 of the above-entitled act, being chapter 184 of the 1939 Statutes of Nevada, is hereby amended to read as follows:

      Section 33.  (a) The state department of health shall maintain the state hygienic laboratory, and may establish and maintain such branch laboratories as may be necessary.

      (b) The purpose of the state hygienic laboratory shall be: to make available at such charges as may be determined upon to health officials and licensed physicians of the state proper laboratory facilities for the prompt diagnosis of communicable diseases; to make necessary examinations and analyses of water, natural ice, sewage, milk, food, and clinical material; to conduct research into the nature, cause, diagnosis, and control of diseases; and to undertake such other technical and laboratory duties as the state board of health may direct in the interests of the public health.

      (c) The director of the division of laboratories of the state department of health shall be in charge of the state hygienic laboratory. He shall be a skilled bacteriologist, and shall have such technical assistants as may be appointed by the state health officer with the approval of the state board of health.

      (d) Reports of investigations conducted at the state hygienic laboratory may be published from time to time in bulletins and circulars, in the discretion of the state board of health.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Establishment of hygienic laboratory

 

Purpose of laboratory

 

 

 

 

 

 

Who may be in charge

 

 

 

Reports of investigations published


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ê1945 Statutes of Nevada, Page 178 (Chapter 113, SB 441)ê

 

Disposal of proceeds

 

 

In effect

      Sec.2.  The proceeds accruing to the State of Nevada under the provisions of this act shall be forwarded to the state treasurer for deposit in the general fund in the manner provided by law.

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

 

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CHAPTER 114, SB 99

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Probation officers; duties

 

 

 

 

 

 

 

 

 

 

District judges appointive officers

[Senate Bill No. 99–Senator Russell]

 

Chap. 114–An Act to amend an act entitled “An act relating to children who are now or who may hereafter become dependent, neglected, or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption, and guardianship of the person of such child or children,” approved March 24, 1909, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 6 of the above-entitled act, the same being section 1015 Nevada Compiled Laws of 1929, is hereby amended to read as follows:

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

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


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

ê1945 Statutes of Nevada, Page 179 (Chapter 114, SB 99)ê

 

or judges. The salary of said probation officers shall be as follows:

      In the counties having over fifteen thousand population, there may be one probation officer receiving a salary. An assistant probation officer may be appointed, in the discretion of the court, upon the request of the probation officer. The salary of the probation officer shall be fixed by the court appointing him, in any sum not to exceed two hundred fifty ($250) dollars per month, and the salary of the assistant probation officer, where one is appointed, shall likewise be fixed by the court appointing him in any sum not to exceed one hundred fifty ($150) dollars per month.

      In counties having less than fifteen thousand population it shall be within the discretion of the district judge, or judges, of each of said counties to determine as to the necessity of appointing a probation officer; provided, that in counties having eight thousand population and under fifteen thousand there shall be no more than one probation officer receiving a salary, and such salary shall be fixed by the court appointing him, in any sum not to exceed two hundred fifty ($250) dollars per month; provided further, that in counties of five thousand and under eight thousand there shall be no more than one probation officer receiving a salary, and such salary shall be fixed by the court appointing him in any sum not to exceed two hundred ($200) dollars per month; and provided further, that in counties of under five thousand there shall be no more than one probation officer receiving a salary, and such salary will be fixed by the court appointing him in any sum not to exceed one hundred fifty ($150) dollars per month.

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

      Any district judge, or judges, appointing such probation officer to receive a salary or other compensation from the county, provided for under this act, shall transmit such appointment to the district superintendent of schools of the district of which the county in which said appointment is made is a part, the state superintendent of public instruction, and the governor of this state, who shall constitute a board to investigate the competency of such person so appointed to act as probation officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after the submission thereof by the said district court, and a failure to act thereon within such time shall constitute an approval of such appointment.

 

Salary in counties of 15,000 population

 

 

 

 

 

Salary in counties of less than 15,000 population

 

 

 

 

 

 

 

 

 

 

Incidental expenses authorized

 

 

 

Salary and expenses, how paid

 

Appointment transmitted to district superintendent of schools


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

ê1945 Statutes of Nevada, Page 180 (Chapter 114, SB 99)ê

 

 

 

 

 

Court to be notified upon disapproval of appointment

 

 

Probationary officers authorized to make arrests; proviso

 

 

 

 

 

 

Appointments and approvals to be filed

 

 

 

Repeal

 

In effect

appointed to act as probation officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after the submission thereof by the said district court, and a failure to act thereon within such time shall constitute an approval of such appointment. If a majority of such board are of the opinion that such appointee does not possess the qualifications for a probation officer, they shall notify the court of their conclusions within thirty days of such appointment to the respective members thereof, whereupon it shall be the duty of the district judge, or judges, to withdraw such appointment and appoint some one who shall receive the approval of said board.

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

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

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

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 181ê

CHAPTER 115, SB 17

[Senate Bill No. 71–Senators Cox and Johnson]

 

Chap. 115–An Act to authorize the formation of nonprofit corporations for the purpose of engaging in charitable and eleemosynary activities, and prescribing the powers, operation, and management of such corporations, and other matters properly connected therewith.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Any five or more persons, citizens of the United States, and residents of the State of Nevada, who shall desire to associate themselves for the purpose of engaging in charitable or eleemosynary activities in this state, may make, sign and acknowledge before any officer authorized to take acknowledgments in this state, and file in the office of the secretary of state a certificate in writing in which shall be stated:

      (a) The name or title by which such corporation, association, or society shall be known in law;

      (b) That it is a nonprofit corporation, organized solely for general charitable and eleemosynary purposes;

      (c) The county in this state where the principal office for the transaction of the business of the corporation is to be located;

      (d) The number of trustees, which shall not be less than five (5) nor more than twenty-five (25); their term of office, which shall not exceed six (6) years, and how they are to be chosen;

      (e) The names and residences of the trustees chosen for the first year;

      (f) Any other matter which it is provided herein may or should be set out in the articles of incorporation.

      The secretary of state shall make no charge for the filing of said certificate.

      Sec.2.  Upon filing a certificate as aforesaid, the secretary of state shall, upon the payment of a fee of one ($1) dollar, issue a certificate of the organization of the corporation, association, or society, duly authenticated under his hand and seal of the state, and a certified copy of said certificate issued under the hand and seal of the secretary of state shall be filed in the office of the clerk of the county in which the principal office of such corporation, association, or society is located.

      Upon complying with the foregoing conditions, the corporation, association, or society shall be deemed fully organized and may proceed to do business.

 

 

 

 

 

 

 

 

 

 

 

 

Five or more persons may associate or charitable for eleemosynary purposes

 

 

Certificate, what to state


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

ê1945 Statutes of Nevada, Page 182 (Chapter 115, SB 17)ê

 

Corporation to have following powers

      Sec.3.  Such corporation shall as an incident of its purpose and without any necessity for expressing the same in its articles of incorporation, have the following powers, which it may exercise in full measure without the necessity of obtaining any order of court by authorization, approval, or confirmation:

      (a) To receive, acquire, hold, manage, administer, and expend property and funds for general charitable and eleemosynary purposes, including the assistance and support of charitable institutions, associations, and undertakings;

      (b) To take property and funds by will, gift, or otherwise and with or without specification of any charitable or eleemosynary purpose, but in case no charitable or eleemosynary purpose is specified, the property or funds so received shall, nevertheless, be held upon the trust that the same shall be used for charitable and eleemosynary purposes. Such corporation shall not have the power to take or hold property or funds for any purpose other than a charitable or eleemosynary one.

      (c) To hold, in its own name and right, real and personal property of every nature and description without limitation as to extent, character, to amount and with all the powers of control, management, investment, change, and disposal incident to the absolute ownership of property or funds by a private person, subject only to the terms of particular trusts and to the general trust that all its properties and funds shall be held for charitable and eleemosynary purposes.

      (d) To borrow money, either upon or without security, giving such promissory notes or other evidences of indebtedness and such pledges, mortgages or other instruments of hypothecation as it may be advised.

      (e) To appoint and pay officers and agents to conduct and administer the affairs of the corporation, but no member of the board of trustees shall receive any compensation.

      (f) To adopt bylaws prescribing the duties of the officers and agents of the corporation, the detail of the organization, the time and manner of its meetings, and any and all detail incident to its organization and the efficient conduct and management of its affairs.

      (g) To do any and all things which a natural person might do necessary and desirable for the general purpose for which the corporation is organized.

      (h) To receive and use funds obtained from private donations, devises and bequests and from all lawful sources to be applied for general charitable and benevolent purposes in assisting the poor, the sick and needy, and various charitable homes, institutions or associate service centers and other charitable organizations operating with or assisted by this corporation.


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

ê1945 Statutes of Nevada, Page 183 (Chapter 115, SB 17)ê

 

charitable organizations operating with or assisted by this corporation.

      Sec.4.  The exercise of the powers of the corporation, with the right to delegate to officers and agents the performance of duties and the exercise of powers, shall be vested in its board of trustees; provided, that the articles of incorporation may prescribe that the matter of controlling, managing, investing, and disposing of the property of the corporation for the purpose of earning an income therefrom, as distinguished from the matter of applying property and funds to charitable and eleemosynary purposes, shall be exclusively in a finance committee consisting of not less than three (3) members of the board, designated or appointed in some particular manner; and provided, also, that the matter of controlling, managing, and investing and disposing of the property of the corporation for the purpose of earning an income therefrom may be delegated either in whole or in part to one or more trust companies or banks duly authorized to conduct a trust or banking business in this state.

      Sec.5.  It shall be permissible for such corporation to provide in its articles of incorporation that some or all of its trustees shall be chosen by specified associations or corporations or by those who are officers thereof and by public officials. As the articles of incorporation may prescribe, the board of trustees may constitute the corporation, or the corporation may have a membership distinct from the board of trustees. In the latter case the bylaws shall prescribe the terms and qualifications of membership.

      Sec.6.  The corporation shall be subject at all times to examination on behalf of the state to ascertain the condition of its affairs and to what extent, if at all, it may fail to comply with trusts which it has assumed or may depart from the general purpose for which it is formed. Such right of examination shall pertain ex officio to the attorney-general. In case of any such failure or departure the attorney-general shall institute in the name of the state, the proceedings necessary to correct the same. Except as specifically approved by the attorney-general there shall be no accumulation of income by such corporation for a period longer than five (5) years.

      The expenses of the corporation may be apportioned to the extent necessary against the various trust funds and property held by it, in the manner which seems just and equitable to the corporation, and the meeting of such expenses shall be deemed a charitable or eleemosynary purpose.

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

 

Corporation to have following powers

 

 

 

 

 

 

 

 

 

 

Permissible provisions of articles of incorporation

 

 

 

 

Corporation subject to examination by attorney-general

 

 

Limit on accumulation of income

 

Expenses of corporation to be apportioned

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 184ê

CHAPTER 116, SB 76

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Per diem allowance for state officers; proviso

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

[Senate Bill No. 67–Senator Johnson]

 

Chap. 116–An Act to amend an act entitled “An act authorizing and empowering the state board of examiners to fix the amount of expense money for traveling and subsistence charges per day of district judges, state officers, commissioners, representatives, and all other employees of the state who, under the law, are required to file their claims with the board of examiners for allowance and approval, and repealing all acts and parts of acts in conflict herewith,” approved February 3, 1928, as amended Statutes 1931, 204; 1933, 184, 185; 1939, 34.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 2 of the above-entitled act, being section 6943 Nevada Compiled Laws, as amended, Statutes 1931, 204; 1933, 184, 185; 1939, 34, is hereby amended so as to read as follows:

      Section 2.  When any district judge, state officer, commissioner, or representative of the state, or other state employee, shall be entitled to receive his necessary traveling expenses in the transaction of public business within the state, such person shall be paid a per diem allowance of six ($6) dollars for any one calendar day and for any period of less than a full calendar day such person shall receive an allowance of one dollar and fifty ($1.50) cents for each six-hour period such person is on travel status, but the amount allowed for traveling by a private conveyance shall not exceed the amount charged by a public conveyance; provided, however, that where it appears to the satisfaction of the board of examiners that travel by private conveyance is more economical or where it appears that, owing to train or stage schedule or for other reasons, travel by public conveyance is impractical, or in case where a part of the route traveled is not covered by public conveyance, the board of examiners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed seven and one-half cents per mile so traveled.

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

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 185ê

CHAPTER 117, SB 58

[Senate Bill No. 85–Senator Cox]

 

Chap. 117–An Act authorizing the state engineer to enter into cooperative agreements with federal and state agencies for investigation of the water resources of Nevada, and repealing acts in conflict herewith.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The state engineer, for and on behalf of the State of Nevada, with the approval of the governor, is authorized to enter into agreements with the United States geological survey; the United States soil conservation service; and any state agency, subdivision, or institution having jurisdiction in such matters, for cooperation in making stream measurements, underground water studies, snow surveys, or any investigations related to the development and use of the water resources of Nevada; provided, that the expenses of such investigations and surveys shall be divided between the parties upon an equitable basis.

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

      Sec.3.  An act entitled “An act to provide for the measurement of streams, the survey of reservoir sites, the determination of the irrigation possibilities and of the best methods of controlling and utilizing the water resources of the State of Nevada, in cooperation with the United geological survey and the United States department of agriculture and the Nevada experiment station,” approved March 16, 1901, and all other acts and parts of acts in conflict herewith, are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

State engineer authorized to enter into certain agreements

 

 

 

 

 

In effect

Certain act repealed

 

________

 

CHAPTER 118, SB 27

[Senate Bill No. 72–Senator DeVotie]

 

Chap. 118–An Act fixing the compensation of the county commissioners of Esmeralda County in the State of Nevada; authorizing the payment of their traveling expenses; and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

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

 


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

ê1945 Statutes of Nevada, Page 186 (Chapter 118, SB 27)ê

 

Salary of county commissioners

 

 

 

 

In effect

Repeal

      The county commissioners of Esmeralda County shall receive the sum of nine hundred ($900) dollars per annum each, and mileage at the rate of seven and one-half (7 1/2¢) cents per mile in going to and returning from the county seat when attending a session of the board. The above salaries shall be paid in equal semimonthly installments and shall be in full compensation for all services and ex officio services to be performed by the above-named officers.

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

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

 

________

 

CHAPTER 119, SB 9

 

[Senate Bill No. 9–Committee on Fish and Game]

 

Chap. 119–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, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 69 of the above-entitled act, being section 3103 of the Nevada Compiled Laws of 1929, as amended, is amended as follows:

      Section 69.  It shall be unlawful for any person to hunt or have in his or her possession during any one calendar day, in open season, a greater number than fifteen ducks, five sagehen, or sagecock, ten snipe, four geese, four brants, three grouse, three pheasants, ten valley quail, five prairie chicken, five mountain quail, twenty-five doves, three partridge, five cottontail rabbits, or two mountain hare, or one day’s limit of any other game bird or game animal killed during the open season; provided, however, that any person upon obtaining a permit from any state or county fish or game warden or deputy warden or the state fish and game commission may keep in storage in a licensed warehouse or his own home any fish or game, with the exception of migratory birds, killed during the open season and not to exceed one day’s limit; provided, however, that the county commissioners of the various counties of the state may, from time to time in the interest of conservation, limit or entirely prohibit the hunting, shooting, or taking of any hen pheasant or may reduce the bag limit on pheasants in any of the respective counties, or parts of counties within the State of Nevada; provided, however, that before any such action shall be effective, notice thereof shall have been published by order of the board for at least once each week for two consecutive weeks in a newspaper published and of general circulation in the county or counties affected; provided further, that in the event of any change in the federal game law wherein the bag limit may be increased, the fish and game commission may, by proclamation through the press, increase the limits herein provided within the limitations of the federal law.


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

ê1945 Statutes of Nevada, Page 187 (Chapter 119, SB 9)ê

 

in open season, a greater number than fifteen ducks, five sagehen, or sagecock, ten snipe, four geese, four brants, three grouse, three pheasants, ten valley quail, five prairie chicken, five mountain quail, twenty-five doves, three partridge, five cottontail rabbits, or two mountain hare, or one day’s limit of any other game bird or game animal killed during the open season; provided, however, that any person upon obtaining a permit from any state or county fish or game warden or deputy warden or the state fish and game commission may keep in storage in a licensed warehouse or his own home any fish or game, with the exception of migratory birds, killed during the open season and not to exceed one day’s limit; provided, however, that the county commissioners of the various counties of the state may, from time to time in the interest of conservation, limit or entirely prohibit the hunting, shooting, or taking of any hen pheasant or may reduce the bag limit on pheasants in any of the respective counties, or parts of counties within the State of Nevada; provided, however, that before any such action shall be effective, notice thereof shall have been published by order of the board for at least once each week for two consecutive weeks in a newspaper published and of general circulation in the county or counties affected; provided further, that in the event of any change in the federal game law wherein the bag limit may be increased, the fish and game commission may, by proclamation through the press, increase the limits herein provided within the limitations of the federal law.

      Sec.2.  Section 79 of the above-entitled act, being section 3113 of the Nevada Compiled Laws of 1929, as amended, is hereby amended as follows:

      Section 79.  It shall be unlawful for any person to hunt any beaver or otter in the state on or before the first day of January, 1957; provided, that when beaver (or otter) are doing actual damage to farms, ranches, or other property in any county, application may be made to the board of county commissioners to trap beaver (or otter) causing such damage; the county commissioners shall certify application to the state board of fish and game commissioners who shall grant permission to trap beaver (or otter) under their supervision; such permits shall not be transferable. The furs of such beaver (or otter) shall be taken in as good a condition as possible and the said state board of fish and game commissioners is hereby authorized to count furs trapped under such permits and to divide equally the number so trapped, one-half to the state fish and game commission and one-half to the person holding a permit to do such trapping; and further to authorize persons holding such permits to dispose of their share of furs and to retain the proceeds from the sale of such furs as compensation.

Possession of game limited

 

 

Storage of fish or game, when permissable

 

 

Duties of county commissioners

 

 

Publication necessary

 

 

 

Limitations subject to increase, when

 

 

 

 

Beaver protected until January, 1957; proviso

 

 

 

 

Furs to be sold, disposition of funds


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

ê1945 Statutes of Nevada, Page 188 (Chapter 119, SB 9)ê

 

 

 

 

 

 

Must procure duplicate tag to hunt deer

 

Form of duplicate license tag

 

 

 

 

 

 

 

 

 

 

Owner of tag granted certain privileges

sale of such furs as compensation. It shall be unlawful for any person to have in his possession any hide or fur from said animals unless the same has been lawfully taken and is lawfully in the possession of the holder thereof.

      Sec.3.  Section 91 of the above-entitled act, being section 3125 of the Nevada Compiled Laws of 1929, as amended, is hereby amended as follows:

      Section 91.  Every person in the State of Nevada who hunts any deer without first procuring a duplicate license tag therefor as provided in this section shall be deemed guilty of a misdemeanor.

      (a) Duplicate license tags granting the privilege to hunt deer shall be issued and delivered by the fish and game commissioners, or their agents, to any person holding a hunting license for the current license year, upon application by such person in the form herein provided and upon the payment of one dollar by such applicant. Said license shall be prepared by the fish and game commissioners, of suitable size in the form of a duplicate tag, and have printed or stamped thereon the words “Deer Hunting License Tag No.…………., State of Nevada; expires December 31, 19……, to accompany Hunting License No.…………..,” with said tag number and appropriate year written or printed thereon, together with the other matters and things provided in paragraph (b) hereof; and said fish and game commissioners or their agents shall account to the state controller each month for all tags sold and on hand from October to December, inclusive, of each year.

      (b) All duplicate license tags issued as herein provided shall be valid authority for the person to whom issued to hunt, pursue and kill deer during the open season therefor and in such numbers as may be allowed by law. Such duplicate license tag, or tags, shall continue in force until the licensee shall have killed the number of deer allowed by law to be killed in the open season therefor by any one person of this state; provided, such duplicate tags shall be void from and after the date of expiration written or printed thereon. Such licensee shall carry said duplicate licensee tag at any and all times while hunting deer, and upon killing of any deer said license shall immediately write the place, date, and time of day of such killing, punch out the day and month of such killing, and sign his name on said license tag and attach the original of said license tag to the horns of such deer, and keep the same attached thereto during the open season and for a period of ten days next succeeding the close of the open season; and shall write the place, date, and time of day of such killing, punch out the day and month of such killing, and sign his name and address on the duplicate of said license tag and mail the same immediately to the fish and game commissioners; and shall exhibit upon demand any deer or parts thereof that may be in his possession, or any duplicate license tag or tags obtained as herein provided, to any officer authorized to enforce the fish and game laws of the state, or any peace officer of this state.


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

ê1945 Statutes of Nevada, Page 189 (Chapter 119, SB 9)ê

 

same immediately to the fish and game commissioners; and shall exhibit upon demand any deer or parts thereof that may be in his possession, or any duplicate license tag or tags obtained as herein provided, to any officer authorized to enforce the fish and game laws of the state, or any peace officer of this state.

      (c) Every person applying for and securing a license tag or tags as herein provided shall exhibit his hunting license, and furnish to the fish and game commissioners, or agent appointed by the fish and game commissioners, his name, resident address, together with a written description of himself by age, weight, nationality, and color of eyes and hair, and said application shall set forth the date of issuance and the number of the license tag or tags issued to such person, and the number of his hunting license. The person issuing any license tag or tags as herein provided shall write his name thereon, together with the place and date of issuance, and shall write the number of such duplicate license tag or tags so issued on the hunting license of the applicant.

      (d) Any one person holding a hunting license for the current license year shall be entitled, upon compliance with the provisions of this section, to receive only one duplicate tag for each deer allowed to be killed in the open season under the laws of this state, except upon affidavit by the applicant that a duplicate tag so issued has been lost or destroyed and then only upon payment of the original fee; provided, that no duplicate license tag or tags issued as herein provided shall be mutilated, defaced, changed, or altered for the purpose of evading the provisions of this section, or transferred to another person, or used by any person other than the one to whom it was issued.

      (e) Every person who makes any false statements as to any of the facts required by this section for the purpose of obtaining a duplicate license tag or tags, and every person violating any of the provisions of this section shall be guilty of a misdemeanor; and shall forfeit such duplicate license tag or tags as may have been obtained, and no new license tag or tags shall be issued to such person for the remainder of the license year.

      (f) Any person legally killing a deer in this state and under the tagging system provided herein may transport said deer into any closed district, or into any other state; provided, he shall before transporting such deer have the tag herein provided for countersigned by a regular salaried officer of the fish and game commissioners or deputy thereof, or by an officer authorized to administer oaths, and if such officer has an official seal, such tag shall, in addition, bear the imprint of such seal.

 

 

 

 

Procedure to secure license tag

 

 

 

 

 

 

 

Owner of hunting license entitled to duplicate tag or tags

 

 

 

 

 

 

False statement misdemeanor

 

 

 

 

Disposition of deer legally killed


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

ê1945 Statutes of Nevada, Page 190 (Chapter 119, SB 9)ê

 

Fees paid into state treasury

County clerks to act as agents

      (g) All moneys collected from the sale of license tags, as provided herein, shall be paid into the state treasury to the credit of the fish and game preservation fund.

      (h) It is hereby made the duty of the various county clerks of this state, upon the request of the state fish and game commission, to act as the agents of said commission in the sale and disposal of all duplicate license tags, and the said clerks shall account to the state controller each month for all tags sold and on hand from October to December, inclusive, of each year.

 

________

 

CHAPTER 120, SB 361

 

 

 

 

 

 

Preamble

[Senate Bill No. 163–Senator Russell]

 

Chap. 120–An Act for the relief of T. J. McLaughlin.

 

[Approved March 22, 1945]

 

      Whereas, T. J. McLaughlin, sheriff in and for the county of White Pine, State of Nevada, did on or about the fifteenth day of April, 1943, as was required of him by law, deliver from Ely, White Pine County, Nevada, to the state hospital for mental diseases at Sparks, Washoe County, Nevada, two patients duly adjudged by the judge of the district court of the Seventh judicial district of the State of Nevada to be insane and by said judge directed to be committed to the state hospital for mental diseases at Sparks, Nevada; and

      Whereas, Said T. J. McLaughlin in the performance of his duties as aforesaid expended his personal moneys as follows:

             Gas, oil and grease...................................................................................    $13.93

             Tire repair and storage............................................................................        2.25

             Room rent..................................................................................................        4.00

             2 days for two people @ $5 per day each............................................      20.00

             Total...........................................................................................................    $40.18 and

      Whereas, The said T. J. McLaughlin has not been reimbursed for said expenditures, all of which were legal claims against the State of Nevada, but were not timely paid by reason of loss of vouchers and other supporting data; and

      Whereas, Said amounts of money, though legally due and owing to the said T. J. McLaughlin, cannot now be legally paid by reason of the lapse of time, and there being no present statutory authority permitting the payment thereof by the state controller; and

      Whereas, There is no method whereby said claims may be paid without legislative action; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The state controller is hereby authorized and directed to draw his warrant in favor of T.


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

ê1945 Statutes of Nevada, Page 191 (Chapter 120, SB 361)ê

 

directed to draw his warrant in favor of T. J. McLaughlin in the amount of forty dollars and eighteen cents ($40.18), and the state treasurer is directed to pay the same from any moneys or funds now available for such purpose.

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

Duties of controller and treasurer

 

In effect

 

________

 

CHAPTER 121, SB 061

[Senate Bill No. 160–Lyon County Delegation]

 

Chap. 121–An Act authorizing and directing the county commissioners of Lyon County, State of Nevada, to transfer certain funds from the Lyon County state highway bond fund to the Lyon County courthouse bond fund.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The county commissioners of Lyon County, Nevada, are hereby authorized and directed to transfer from the Lyon County state highway bond fund to the Lyon County courthouse bond fund the sum of six hundred fifty dollars and twenty-three cents ($650.23). The county auditor and the county treasurer of Lyon County are directed to do all such acts as may be required to effect the purpose of this act.

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

 

 

 

 

 

 

 

 

 

 

 

Transfer of funds authorized

 

 

 

 

In effect

 

________

 

CHAPTER 122, SB 161

[Senate Bill No. 161–Committee on Judiciary]

 

Chap. 122–An Act amending an act entitled “An act relating to children who are now or who may hereafter become dependent, neglected or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption, and guardianship of the person of such child or children.”

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The above-entitled act, being sections 1010 to and including 1038, N. C. L. 1929, as amended, is hereby amended by inserting a new section therein to be known as section 6(a), which section shall read as follows:

      Section 6(a).  Appointment of Referees; Duties. The judge may appoint a probation officer or other suitable person to act as referee during his pleasure and may direct that any case, or all cases of a class or within a subdivision of the district to be designated by him, shall be heard in the first instance by such referee in the manner provided for the hearing of cases by the court.

 


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

ê1945 Statutes of Nevada, Page 192 (Chapter 122, SB 161)ê

 

Appointment of referees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Court and witness fees

 

 

 

 

 

 

 

 

Repeal

judge may appoint a probation officer or other suitable person to act as referee during his pleasure and may direct that any case, or all cases of a class or within a subdivision of the district to be designated by him, shall be heard in the first instance by such referee in the manner provided for the hearing of cases by the court. Upon the conclusion of the hearing in each case, the referee shall transmit to the court all papers relating to the case, together with his findings and recommendations in writing.

      Notice of the referee’s findings and recommendations shall be given to the parent, guardian, or custodian of any child or to any other person concerned whose case has been heard by a referee. A hearing by the court shall be allowed upon the filing with the court by such person of a request for such hearing; provided, that the request is filed within thirty (30) days after the giving of such notice. In case no hearing by the court is requested, the findings and recommendations of the referee, when confirmed by an order of the court, shall become the decree of the court.

      Sec.2.  The above-entitled act is hereby further amended by inserting a new section therein to be known as section 6(b), which section shall read as follows:

      Section 6(b).  Court and Witness Fees. In proceedings under this act, no court or witness fees shall be allowed against any party to a petition, and no salaried officer of the state or of any county or municipality therein shall be entitled to receive any fee or compensation for his services or for attendance in court in any such proceeding, but all persons acting under orders of the court, except those above named, shall be paid for their services such fees or compensation as may be allowed by the court, and for service of process and attendance or serving as witnesses the fees now provided by law for like services in civil cases before the district court, to be paid in the same manner as other claims against the county.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 193ê

CHAPTER 123, SB 401

[Senate Bill No. 104–Lyon County Delegation]

 

Chap. 123–An Act amending 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, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

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

      Section 2.  The sheriff, for services as sheriff, shall receive the sum of one thousand five hundred ($1,500) dollars per annum, and for his services as ex officio county assessor and ex officio collector of licenses and bullion tax collector, the sum of two thousand four hundred ($2,400) dollars per annum, payable in twelve equal installments, at the end of each calendar month.

      He shall pay into the count treasury each month all moneys collected by him as such sheriff, and at the same time shall prepare and file with the county commissioners a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity as such sheriff, ex officio license collector and ex officio assessor and bullion tax collector during the month previous.

      Said salary shall be in full compensation for all services performed by him as such sheriff, license collector, assessor, and bullion tax collector within and for said Lyon County.

      Said sheriff shall have authority to appoint a deputy, who shall act as deputy assessor and undersheriff of said county, and who shall receive a salary of twenty-seven hundred ($2,700) dollars per annum, payable in equal monthly installments.

      Said sheriff may, if the public needs of the county require, and when authorized and directed by the board of county commissioners, appoint one or more additional deputy sheriffs and assessors for said county, whose appointment shall be for such time as said board of county commissioners shall deem necessary, and whose compensation shall be fixed by said board of county commissioners, but in no case shall the same exceed the sum of one hundred fifty ($150) dollars per month.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff and ex officio assessor

 

 

 

Fees to be paid into county treasury

 

 

 

Salary considered full compensation

 

Sheriff may appoint deputy

 

Appointment and salary of additional deputies


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

ê1945 Statutes of Nevada, Page 194 (Chapter 123, SB 401)ê

 

 

Salary of clerk and ex officio treasurer

 

 

 

 

 

 

Clerk may appoint additional deputies

 

 

 

 

Salary of recorder and ex officio auditor

 

 

 

 

 

 

 

 

Recorder may appoint deputies

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

      Section 3.  The county clerk for services as county clerk shall receive the sum of fifteen hundred ($1,500) dollars per annum, and for his services as ex officio county treasurer and ex officio tax receiver the sum of fifteen hundred ($1,500) 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 fifth day 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 two hundred ($200) dollars per month. The county clerk shall have authority to appoint, with the consent of the board of county commissioners, when the duties of his office require, such additional deputies as may be necessary, whose compensation shall not be more than one hundred and fifty ($150) dollars per month.

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

      Section 4.  The county recorder, for services as county recorder, shall receive the sum of fifteen hundred ($1,500) dollars per annum, and for his services as ex officio county auditor shall receive the sum of fifteen hundred ($1,500) dollars per annum, payable in twelve monthly installments, which shall be in full compensation for all services rendered as recorder and ex officio auditor. He shall have authority to appoint a deputy at a salary of twenty-four hundred ($2,400) 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 fifth day 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 fifty ($150) dollars per month each, whose employment shall be continued only during the pleasure and consent of said board.

      Sec.4.  Section 5 of the above-entitled act is amended to read as follows:

      Section 5.  The county commissioners shall each receive a salary of twelve hundred ($1,200) dollars, payable in twelve equal monthly installments; they shall also be entitled to mileage at the rate of not to exceed seven and a half cents per mile in going to and returning from their respective residences to the county seat, over the shortest practicable route available, in attendance upon meetings of the board of county commissioners, and any other necessary incurred traveling expenses; provided further, that said commissioners shall be allowed an additional mileage at the rate of not to exceed ten cents per mile for each mile necessarily traveled in the supervision of county roads in their respective districts; provided, however, that such mileage allowed for road supervision shall not exceed the amount of two hundred dollars in any one year for each commissioner.


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

ê1945 Statutes of Nevada, Page 195 (Chapter 123, SB 401)ê

 

equal monthly installments; they shall also be entitled to mileage at the rate of not to exceed seven and a half cents per mile in going to and returning from their respective residences to the county seat, over the shortest practicable route available, in attendance upon meetings of the board of county commissioners, and any other necessary incurred traveling expenses; provided further, that said commissioners shall be allowed an additional mileage at the rate of not to exceed ten cents per mile for each mile necessarily traveled in the supervision of county roads in their respective districts; provided, however, that such mileage allowed for road supervision shall not exceed the amount of two hundred dollars in any one year for each commissioner.

      Sec.5.  Section 6 of the above-entitled act is amended to read as follows:

      Section 6.  The district attorney shall receive the sum of three thousand dollars ($3,000) per annum, payable in twelve equal monthly installments, and also shall be allowed his actual traveling and other necessary expenses incurred in the discharge of his duties as district attorney. Said salary and expenses shall be in full compensation for all services rendered, and all fees or commissions collected by him in his official capacity on tax suits, or otherwise, shall be paid into the county treasury upon the first day of each and every month.

      Said district attorney may, when the public needs of the county require it, and when authorized by the board of county commissioners, appoint one or more deputy district attorneys, whose appointment shall be for such time as said board of county commissioners shall deem necessary, the compensation of such deputies to be fixed and approved by the board of county commissioners.

      Sec.6.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec.7.  This act shall become effective on the first day of the first month immediately after its passage and approval, and shall terminate on the first day of March 1947.

Salary of commissioners

 

 

 

 

 

 

 

 

Salary of district attorney

 

 

 

 

 

District attorney may appoint deputies

 

 

 

Repeal

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 196ê

CHAPTER 124, SB 251

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To whom provisions of act apply

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Further powers of railroad companies

[Senate Bill No. 152–Committee on Judiciary]

 

Chap. 124–An Act to amend an act entitled “An act providing a general corporation law,” approved March 21, 1925, and to amend all acts amendatory thereof and supplemental thereto, and to repeal acts in conflict herewith.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of an act entitled “An act providing a general corporation law,” approved March 21, 1925, being section 1600 Nevada Compiled Laws (Supplement 1931-1941), is hereby amended to read as follows:

      Section 1.  The provisions of this act shall apply to corporations hereafter organized in this state except such corporations as are expressly excluded by the provisions of this act; they shall also apply to corporations whose charters are renewed or revived in the manner provided in section 93 hereof; they shall also apply to corporations organized and still existing under any prior act or any amendment thereto, and shall apply to and govern all insurance companies, mutual fire insurance companies, surety companies, express companies, railroad companies, and public utility companies now existing and heretofore formed under any other act or law of this state; subject, however, to special provisions concerning any class of corporations inconsistent with the provisions of this act, in which case such special provisions shall continue to apply. Neither the existence of corporations formed or existing prior to the enactment of this act, nor any liability, cause of action, right, privilege or immunity validly existing in favor of or against any such corporation at the time of the enactment of this act shall be in anyway affected, abridged, taken away, or impaired by its enactment, or by any change in the requirements for the formation of corporations provided by this act, nor by the amendment or repeal of any laws under which such prior existing corporations were formed or created.

      Sec.2.  An act entitled “An act providing a general corporation law,” approved March 21, 1925, and acts amendatory and supplemental thereto, is hereby amended by adding an additional section, to be known as section 9(a), which will read as follows:

      Section 9(a).  In furtherance of and in addition to the powers which railroad companies organized under this act are entitled to exercise, but not in limitation of any of the powers granted by this act, every railroad company shall have the power:

      1.  To cause such examination and surveys for the proposed railroad to be made as may be necessary to the selection of the most advantageous route for the railroad, and for such purposes, by their officers, agents, and employees, to enter upon the lands or waters of any persons, but subject to responsibility for all damages which they shall do thereto.


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

ê1945 Statutes of Nevada, Page 197 (Chapter 124, SB 251)ê

 

railroad to be made as may be necessary to the selection of the most advantageous route for the railroad, and for such purposes, by their officers, agents, and employees, to enter upon the lands or waters of any persons, but subject to responsibility for all damages which they shall do thereto.

      2.  To receive, hold, take, and convey, by deed or otherwise, the same as a natural person might or could do, such voluntary grants and donations of real estate, and other property of every description, as shall be made to it to aid and encourage the construction, maintenance, and accommodation of such railroad.

      3.  To purchase, and by voluntary grants and donations receive and take, and by its officers, engineers, surveyors, and agents, enter upon and take possession of, and hold and use, in any manner they may deem proper, all such lands and real estate, and other property, as the directors may deem necessary and proper for the construction and maintenance of such railroad, and for the stations, depots, and other accommodations and purposes, deemed necessary to accomplish the object for which the corporation is formed.

      4.  To lay out its road or roads, not exceeding two hundred feet wide, and to construct and maintain the same, with such tracks and with such appendages as may be deemed necessary for the convenient use of the same, and for the purposes of making embankments, excavations, ditches, drains, culverts, or otherwise, and procuring timber, stone, and gravel, or other materials, may take as much more land, whenever they may think proper, as may be necessary for the purposes aforesaid, in the manner hereinafter provided, for the proper construction and security of the road.

      5.  To construct their road across, along, or upon any stream of water, water course, roadstead, bay, navigable stream, street, avenue, or highway, or across any railway, canal, ditch, or flume, which the route of its road shall intersect, cross, or run along, in such manner as to afford security for life and property; but the corporation shall restore the stream or water course, road, street, avenue, highway, railroad, canal, ditch, or flume thus intersected, to its former state, as near as may be, or in a sufficient manner not to have unnecessarily impaired its usefulness or injured its franchises.

      6.  To cross, intersect, join, and unite its railroad with any other railroad, either before or after constructed, at any point upon its route, and upon the grounds of such other railroad company, with the necessary turnouts, sidings, and switches, and other conveniences, in furtherance of the objects of its connections; and every company whose railroad is, or shall be hereafter, intersected by any new railroad in forming such intersections and connection, and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points or the manner of such crossings, intersections and connections, the same shall be ascertained and determined by commissioners, to be appointed as is provided hereinafter in respect to the taking of lands, but this section is not to affect the rights and franchises heretofore granted.

Further powers of railroad companies


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

ê1945 Statutes of Nevada, Page 198 (Chapter 124, SB 251)ê

 

Further powers of railroad companies

facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points or the manner of such crossings, intersections and connections, the same shall be ascertained and determined by commissioners, to be appointed as is provided hereinafter in respect to the taking of lands, but this section is not to affect the rights and franchises heretofore granted.

      7.  To purchase lands, timber, stone, gravel or other materials to be used in the construction and maintenance of its road, or take them in the manner provided by this act; may change the line of its road, in whole or in part, whenever a majority of the directors shall determine, as is provided hereinafter, but no such change shall vary the general route of such road, as contemplated in the articles of association of such company.

      8.  To receive by purchase, donation, or otherwise, any lands, or other property, of any description, and to hold and convey the same in any manner the directors may think proper, the same as natural persons might or could do, that may be necessary for the construction and maintenance of its road, or for the erection of depots, turnouts, workshops, warehouses, or for any other purposes necessary for the convenience of such companies, in order to transact the business usual for such railroad companies.

      9.  To take, transport, carry, and convey persons and property on their railroad, by the force and power of steam, of animals, or any mechanical power, or by any combinations of them, and receive tolls or compensation therefor.

      10.  To erect and maintain all necessary and convenient buildings, stations, depots and fixtures and machinery for the accommodation and use of their passengers, freight and business, and to obtain and hold the lands and other property necessary therefor; and also to acquire additional lands and rights of way and to build and operate extensions or branches of its line of railroad.

      11.  To regulate the time and manner in which passengers and property shall be transported, and the tolls and compensation to be paid therefor within the limits prescribed by law.

      12.  To regulate the force and speed of their locomotives, cars, trains, or other machinery used and employed on their road, and to establish, execute, and enforce all needful and proper rules and regulations, fully and completely for the management of its business transactions usual and proper for railroads companies.

      13.  To purchase, hold, sell, and transfer shares of its own capital stock, bonds, debentures, or other securities issued by it; provided, that no corporation shall use its funds or property for the purchase of its own shares of capital stock when such use would cause any impairment of the capital of the corporation; and provided further, that shares of its own stock belonging to the corporation shall not be voted upon directly or indirectly, nor counted as outstanding for the purpose of any stockholders’ quorum or vote.


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

ê1945 Statutes of Nevada, Page 199 (Chapter 124, SB 251)ê

 

when such use would cause any impairment of the capital of the corporation; and provided further, that shares of its own stock belonging to the corporation shall not be voted upon directly or indirectly, nor counted as outstanding for the purpose of any stockholders’ quorum or vote.

      14.  To acquire, own, and operate motor vehicles, and air transportation facilities, and to transport persons and property along and over the streets and highways of this state, for the transportation, for hire, of passengers, property and freight, either directly or through a subsidiary company or companies subject to all relevant provisions of law concerning permits, licenses, franchises, and the regulation of such form of transportation by motor vehicles or other agencies.

      15.  Whenever the track of such railroad shall cross a railroad or highway, such railroad or highway may be carried under, over, or on a level with the track, as may be most expedient, and in cases where an embankment or cutting shall make a change in the line of such railroad or highway desirable, with a view to a more easy ascent or descent, the said company make take such additional lands and materials, if needed for the construction of such road or highway, on such new line, as may be deemed requisite by the railroad; unless the lands and materials so taken shall be purchased, or voluntarily given for the purpose aforesaid, compensation therefor shall be ascertained in the manner provided by law.

      Sec.3.  An act entitled “An act providing a general corporation law,” approved March 21, 1925, and acts amendatory and supplemental thereto, is hereby amended by adding an additional section, to be known as section 9(b), which will read as follows:

      Section 9(b).  The right of way is hereby given and granted to all railroad companies that are now organized, or may be organized under the provisions of this act, or under the laws of any other state or territory, or under any act of Congress, to locate, construct, and maintain their roads, or any part or parcel thereof, over and through any of the swamp or overflowed lands belonging to this state, or any other public lands which are now or may be the property of the state, at the time of constructing said railroad; and the said railroad companies are hereby authorized to survey and mark through the said lands of the state, to be held by them for the track of their respective railroads, two hundred feet in width, for the whole length the said roads may be located over the lands of the state; and the right is hereby further given and granted to said companies, to locate, occupy, and hold all necessary sites and grounds for watering places, depots, or other buildings, for the convenient use of the same, along the line of said road or roads, so far as the places convenient for the same may fall upon the lands belonging to the state, except within the limits of any incorporated city or town, or within three miles where the same shall be taken, on paying to the state the value of the same; and provided, no one depot, watering place, machine or workshop, or other buildings for the convenient use of such roads, shall cover over six acres each, and that said sites or places on the lands of this state shall not be nearer to each other than five miles along the line of said roads.

Further powers of railroad companies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Right of way, how granted to railroads


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ê1945 Statutes of Nevada, Page 200 (Chapter 124, SB 251)ê

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Condemnation procedure in case of disagreement

belonging to the state, except within the limits of any incorporated city or town, or within three miles where the same shall be taken, on paying to the state the value of the same; and provided, no one depot, watering place, machine or workshop, or other buildings for the convenient use of such roads, shall cover over six acres each, and that said sites or places on the lands of this state shall not be nearer to each other than five miles along the line of said roads. The right is hereby further given and granted to said companies to take from any of the lands belonging to this state all such materials of earth, wood, stone, or other materials whatever, as may be necessary or convenient, from time to time, for the first construction or equipment of said road or roads, or any part thereof; provided, that if any road, at any time after its location, shall be discontinued or abandoned by said company or companies, or the location of any part thereof be so changed as not to cover the lands of the state thus previously occupied, then the lands so abandoned or left shall revert to this state; and provided further, that when the location of the route of either of said railroads, or sites or places for depots, watering places, machine or workshops, or other buildings for the convenient use of the same, shall be selected, the secretary of said company shall transmit to the surveyor general, and to the controller of the state, and to the recorder of the county in which the lands so selected are situated, to each of said officers, a correct plot of the location of said railroad, or sites or places, before such selection shall become operative. And when any such company shall, for its purposes aforesaid, require any of the lands belonging to any of the counties, cities, or towns in this state, the county, city, and town officers, respectively, having charge of such lands, may grant and convey such land to such company, for a compensation which shall be agreed upon between them, or may donate and convey the same without any compensation; and if they shall not agree upon the sale and price, the same may be taken by the company as is provided in other cases of taking lands by condemnation; provided, however, that before any corporation incorporated or organized otherwise than under the laws of this state, shall be entitled to any of the rights granted by this act, it shall file in the office of the county recorder of each county in which the said railroad, or any part, extension or branch thereof shall be situate, a copy of its certificate or articles of incorporation, or of the act or law by which it was created, with the certified list of its officers, in the manner and form required by law.

      Sec.4.  An act entitled “An Act providing a general corporation law,” approved March 21, 1925, and acts amendatory and supplemental thereto, is hereby amended by adding an additional section, to be known as section 9(c), which will read as follows:

 


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

ê1945 Statutes of Nevada, Page 201 (Chapter 124, SB 251)ê

 

by adding an additional section, to be known as section 9(c), which will read as follows:

      Section 9(c).  Any county, city, or town in this state, shall have, and are hereby fully empowered, by and through a two-thirds vote of the board of commissioners, the council, or any officers having a supervisory or other control of such county, city, or town, respectively, to give, grant, or donate, to any railroad company now organized, or that may be hereafter organized under the laws of this state, the use of any of the streets or highways which may be absolutely necessary in order to enable any such company to reach an accessible point for a depot in any such county, city and county, city or town, or to pass through the same on as direct a route as possible, and accommodate the traveling and commercial interests thereof; provided, however, the provisions of this section shall not apply to any street railroad now constructed, or hereafter to be constructed, in any of the incorporated cities of this state; nor shall any railroad company, which may avail itself of the provisions of this section, ever use its road for street railroad purposes or for the purpose of carrying passengers for a consideration from one point to another in the same city; not shall any city or town donate any public square, or any land set apart, to the use of any one company.

      Sec.5.  An act entitled “An Act providing a general corporation law,” approved March 21, 1925, and acts amendatory and supplemental thereto, is hereby amended by adding an additional section, to be known as section 9(d), which will read as follows:

      Section 9(d).  Every railroad company in this state shall, within ninety (90) days after its road shall be finally located, cause to be made a map and profile thereof, and of the land taken and obtained for the use thereof, and the boundaries of the several counties through which said road may run, and file the same in the office of the secretary of state and a duplicate thereof with the public service commission of Nevada; and also like maps of the parts thereof located in different counties, and file the same in the office of the recorder of said county in which said parts of said road shall be located. The said maps and profiles shall be certified by the chief engineer, the acting president, and secretary of such company and copies of the same, so certified and filed as aforesaid, shall be kept in the office of the company, subject to examination by all parties interested.

      Sec.6.  An act entitled “An Act providing a general corporation law,” approved March 21, 1925, and acts amendatory and supplemental thereto, is hereby amended by adding an additional section, to be known as section 9(e), which will read as follows:

 

 

Rights of any county, city or town concerning land for use of railroad

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Railroad companies to make certified maps and profiles


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

ê1945 Statutes of Nevada, Page 202 (Chapter 124, SB 251)ê

 

Railroad company not liable for accident, when

 

 

 

 

Repeal

 

 

 

 

In effect

      Section 9(e).  In case any passenger on any railroad shall be injured on the platform of a car, or any baggage, wood, gravel, or freight cars, in violation of the printed regulations of the company, posted up at the time in a conspicuous place inside of its passenger cars then in the train, or in violation of verbal instructions given by any officer of the train, such company shall not be liable for the injury; provided, said company, at the time, furnished room inside of its passenger cars sufficient for the accommodation of its passengers.

      Sec.7.  An act entitled “An act to provide for the incorporation of railroad companies and the management thereof, and others matters relating thereto,” approved March 22, 1865, and all acts amendatory thereof and supplemental thereto, being sections 6235 to 6292, both inclusive, of Nevada Compiled Laws 1929, and all other acts in conflict herewith, are hereby repealed.

      Sec.8.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

CHAPTER 125, SB 851

 

 

 

 

 

 

 

 

 

 

Appropriation for hospital for mental diseases

 

 

Availability of appropriation

[Senate Bill No. 158–Committee on State Prison and Hospital for Mental Diseases]

 

Chap. 125–An Act making an appropriation for certain purposes in connection with the Nevada hospital for mental diseases.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of fifty thousand dollars ($50,000) to be expended by the board of commissioners for the Nevada hospital for mental diseases during the biennium commencing July 1, 1945, and ending June 30, 1947, for the purposes hereinafter stated.

      Sec.2.  Twenty-five thousand dollars ($25,000) of the sum hereby appropriated shall be available for use in making repairs to buildings and in repairing and replacing equipment at the Nevada hospital for mental diseases; and the remaining sum of twenty-five thousand dollars ($25,000) shall be available for the employment of a dietitian, a hydrotherapy technician, a clerk-stenographer, and other additional labor and attendants at said hospital.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 203ê

CHAPTER 126, SB 19

[Senate Bill No. 91–Senator Farndale]

 

Chap. 126–An Act creating high school scholarships for the worthy sons and daughters of deceased service men and women of any war in which the United States is or was engaged, providing for the manner and method of awarding such scholarships, and providing for an appropriation therefor.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  All worthy sons and daughters of service men and women, of any war in which the United States was, or is, engaged, the service parent of whom is deceased, who are under the age of nineteen years and who are attending, or anticipate attending, any accredited high school within the State of Nevada, and who, but for the aid and assistance herein offered, would be deprived of such high school education, shall be eligible to an educational scholarship under the provisions of this act.

      Sec.2.  Said scholarship shall be in the amount of one hundred fifty ($150) dollars annually, and shall be paid in two equal installments during each school year, the first payment to be made on or before September 15, and the second payment to be made on or before January 15. Said payments shall be made to the principal of the high school which the student is attending, or proposes to attend, and shall be disbursed by said principal for the benefit of the student. The principal of such high school shall, for the purpose of this act, be held to be the guardian of the estate of said student to the extent of the scholarship funds paid under the provisions herein.

      Sec.3.  Any worthy son or daughter of a service man or woman, who may be entitled to a scholarship under the provisions of this act, may by himself or any interested person, make application for a scholarship. All such applications shall be made at least sixty (60) days prior to the beginning of the school year for which the scholarship is sought, and shall be made to the veterans service commissioner of the State of Nevada.

      Sec.4.  The veterans service commissioner shall immediately make inquiry into the need of the applicant and his or her educational background, using such means of inquiry as may be available, which information he will embody in a report to the state board of finance. The state board of finance shall, at its next regular meeting after receiving such report, and before the beginning of the school year for which the scholarship is sought, either approve or disapprove the granting of the scholarship.

 

 

 

 

 

 

 

 

 

 

 

 

Who eligible to educational scholarship

 

 

 

 

Amount and disbursement of scholarship

 

 

 

 

 

Application for scholarship, how made

 

 

 

 

Duties of veteran service commissioner


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

ê1945 Statutes of Nevada, Page 204 (Chapter 126, SB 19)ê

 

Continuation of scholarship; proviso

 

 

 

 

 

Board of finance to make investigation, when

 

 

 

 

 

 

 

Board may discontinue assistance

 

 

 

 

Appropriation

 

 

 

In effect

      Sec.5.  The application for the scholarship having been granted, the scholarship shall continue from year to year, and the state board of finance shall, on or before September 15 and January 15, of each school year, and until the recipient shall have been graduated from said high school, or has discontinued his or her high school education, or the scholarship has been terminated as hereinafter provided, make the payments as set out in section 2 of this act; provided, however, no one person shall receive such scholarship for a period longer than four years.

      Sec.6.  Whenever it shall be brought to the attention of the veterans service commissioner or the state board of finance, by information received from any reputable source, that the recipient of the scholarship is failing in his or her studies, or for any other reason it appears that the recipient is no longer worthy of the scholarship, the state board of finance may direct that the veterans service commissioner make an immediate investigation of the matter, in the course of which investigation he may enlist the aid of the principal of the high school attended by the student, as well as the services of any or all of the nationally recognized organizations for ex-service men and women in the community. Upon completing his investigation the veterans service commissioner shall immediately make his report to the state board of finance which board shall act upon the report at its next regular meeting. Upon the basis of the investigation and report the state board of finance shall have the right to discontinue the scholarship award entirely or the board may place the recipient upon probation for such period as it may determine. A copy of the veterans service commission report shall be delivered to the principal of the high school and to each nationally recognized organization of ex-service men or women in the community.

      Sec.7.  For the purpose of this act there is hereby appropriated, out of the general fund of the State of Nevada, the sum of three thousand ($3,000) dollars, to be known as the “State of Nevada Scholarship Fund,” out of which all scholarship payments, as hereinabove provided, shall be made.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 205ê

CHAPTER 127, SB 831

[Senate Bill No. 138–Senator Farndale]

 

Chap. 127–An Act to amend “An act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada,” approved March 23, 1927.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being section 7280 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  The apportionment of senators and assemblymen in the several counties of this state shall be as follows:

      Churchill County, one senator and two assemblymen;

      Clark County, one senator and five assemblymen;

      Douglas County, one senator and one assemblyman;

      Elko County, one senator and four assemblymen;

      Esmeralda County, one senator and one assemblyman;

      Eureka County, one senator and one assemblyman;

      Humboldt County, one senator and two assemblymen;

      Lander County, one senator and one assemblyman;

      Lincoln County, one senator and two assemblymen;

      Lyon County, one senator and two assemblymen;

      Mineral County, one senator and one assemblyman;

      Nye County, one senator and three assemblymen;

      Ormsby County, one senator and one assemblyman;

      Pershing County, one senator and one assemblyman;

      Storey County, one senator and one assemblyman;

      Washoe County, one senator and nine assemblymen;

      White Pine County, one senator and four assemblymen.

      Sec.2.  The above-entitled act is amended by inserting a new section to be known as section 2, which section shall read as follows:

      Section 2.  The county of Clark is hereby divided into two assembly districts as follows:

      All that portion of Clark County comprising the election precincts of the Nelson township and the Searchlight township as established by the county commissioners of Clark County shall be known as the assembly district No. 1, with one assemblyman to be elected at large. All the remaining portion of Clark County, Nevada, shall be known as assembly district No. 2 with four assemblymen to be elected at large.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Apportionment of senators and assemblymen

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clark county assembly districts defined

 

________

 

 


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

ê1945 Statutes of Nevada, Page 206ê

CHAPTER 128, SB 98

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of various state officers

 

 

 

 

 

 

 

 

 

 

 

Appropriation

 

 

 

Repeal

In effect

[Senate Bill No. 89–Senator Cowles]

 

Chap. 128–An Act to amend an act entitled “An act fixing and regulating the salaries of certain state officers of the State of Nevada,” approved March 21, 1921, as the same has been amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  From and after the first Monday in January, A. D. 1947, the following annual salaries shall be paid to the state officers named herein, at the time and in the manner prescribed by law:

      To the governor, seventy-six hundred dollars ($7,600); to the secretary of state, forty-two hundred dollars ($4,200); to the state controller, forty-two hundred dollars ($4,200); to the state treasurer, forty-two hundred dollars ($4,200); to the attorney-general, fifty-six hundred dollars ($5,600); to the surveyor general, forty-two hundred dollars ($4,200); to the superintendent of public instruction, forty-two hundred dollars ($4,200); to the clerk of the supreme court, forty-two hundred dollars ($4,200); to the superintendent of state printing, forty-two hundred dollars ($4,200); to the inspector of mines, forty-two hundred dollars ($4,200); to the lieutenant governor, the sum of six hundred dollars ($600) per year, and in addition the sum of fifteen dollars ($15) the day for such times as he may be actually employed as governor or presiding officer of the Senate and he shall also be allowed his actual traveling expenses when acting as governor, president of the senate, or in discharge of other official duties as lieutenant governor.

      Sec.2.  For the purpose of paying the respective salaries herein allowed, there is hereby appropriated, for the biennium ending June 30, 1947, the sum of three thousand three hundred ($3,300) dollars or so much as may be necessary, out of any funds in the state treasury not otherwise appropriated.

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

      Sec.4.  This act shall take effect and be in force from and after the first Monday in January 1947.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 207ê

CHAPTER 129, SB 09

[Senate Bill No. 90–Senator Cowles]

 

Chap. 129–An Act fixing the salaries of certain state officers; providing ex officio duties of certain state officers and compensation for the performance of the same, and making an appropriation therefor.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  From and after July 1, 1945 until the first Monday of January 1947, the superintendent of state printing and the inspector of mines shall each receive an added salary at the rate of fifty ($50) dollars per month, payable at the times and in the manner provided by law.

      Sec.2.  The state controller of Nevada as ex officio insurance commissioner shall receive a salary at the rate of six hundred ($600) dollars per annum payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office, and as a part thereof, he shall serve as a member of the state insurance rating board and shall serve as a state fiscal officer for the federal government and compute, withhold, and account for all state pay roll deductions and keep all records in connection with administration of and compliance with the federal revenue and income tax laws.

      Sec.3.  The secretary of State of Nevada as ex officio state vehicle commissioner and head of the motor vehicle department of Nevada, shall receive a salary at the rate of six hundred ($600) dollars per annum payable at the times and in the manner provided by law.

      Sec.4.  The state treasurer of Nevada shall be ex officio state disbursing officer for the federal government. It shall be his duty, as such, to act for such government with respect to all financial matters required of him by the federal government, and to keep proper books and accounts and prepare proper vouchers and receipts relating thereto. He shall keep books of account and sign and pay all warrants relating to all state pay roll deductions at the time and in the manner required, according to federal law and regulations. He shall perform such other duties in connection with the aforesaid duties as may be required in the proper exercise thereof. As such state disbursing officer for the federal government he shall receive a salary at the rate of six hundred ($600) dollars per annum payable at the times and in the manner provided by law.

      Sec.5.  The superintendent of public instruction as ex officio secretary of the state text-book commission shall receive a salary at the rate of six hundred ($600) dollars per annum, payable at the times and in the manner provided by law.

 

 

 

 

 

 

 

 

 

 

 

Salaries of mine inspector and superintendent state printing

Salary of controller

 

 

 

 

 

 

 

Salary of secretary of state

 

 

Salary of state treasurer

 

 

 

 

 

 

 

 

 

 

Salary of superintendent public instruction


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

ê1945 Statutes of Nevada, Page 208 (Chapter 129, SB 09)ê

 

 

 

 

 

Salary of surveyor general

 

 

 

 

Appropriation

 

 

 

Repeal

 

In effect; limitation

per annum, payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office and as a part thereof, such officer shall serve as a member and secretary of the public school teachers retirement salary fund board, and as executive officer of the state board for vocational education.

      Sec.6.  The surveyor general of Nevada as ex officio land register shall receive a salary at the rate of six hundred ($600) dollars per annum, payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office he shall represent the State of Nevada in the protection of the forest and watershed areas in Nevada and shall cooperate with the agents and departments of the federal government as well as with agencies in this state to carry out such protection.

      Sec.7.  For the purpose of paying the respective salaries herein allowed, there is hereby appropriated, for the biennium ending June 30, 1947, the sum of six thousand three hundred ($6,300) dollars or so much as may be necessary, out of any funds in the state treasury not otherwise appropriated.

      Sec.8.  All acts and parts of acts insofar as they may be inconsistent with this act are hereby repealed.

      Sec.9.  This act shall become effective July 1, 1945, and shall expire by limitation of time on the first Monday in January 1947.

 

________

 

CHAPTER 130, SB 49

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of justices of supreme court

[Senate Bill No. 94–Senator Cowles]

 

Chap. 130–An Act to amend an act entitled “An act to amend an act entitled ‘An act fixing the salaries of the justices of the supreme court of Nevada,’” approved March 25, 1927, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being section 8437 of the Nevada Compiled Laws of 1929, is hereby amended so as to read as follows:

      Section 1.  From and after the expiration of the present term of each justice of the supreme court of the State of Nevada, his successor and successors in office thereafter shall receive a salary of eight thousand dollars ($8,000) a year, payable in equal monthly installments as other state officers are paid.


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

ê1945 Statutes of Nevada, Page 209 (Chapter 130, SB 49)ê

 

      Sec.2.  For the purpose of paying the respective salaries herein allowed, there is hereby appropriated, for the biennium ending June 30, 1947 the sum of two hundred and fifty ($250) dollars or so much as may be necessary, out of any funds in the state treasury not otherwise appropriated.

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

Appropriation

 

 

 

Repeal

 

________

 

CHAPTER 131, AB 001

[Assembly Bill No. 100–Mr. Thompson]

 

Chap. 131–An Act to provide for the receiving as evidence in any court, office, or other place in this state, official findings, records, reports, or certified copies thereof, of death, presumed as missing or other status, issued by the secretaries of war and navy and other federal officers and employees.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  A written finding of presumed death, made by the secretary of war, the secretary of the navy, or other officer or employee of the United States authorized to make such finding, pursuant to the federal missing persons act (56 Stat. 143, 1092, and P. L. 408, ch. 371, second session seventy-eighth Congress; 50 U. S. C. App. Supp. 1001-17), as now or hereinafter amended, or a duly certified copy of such finding, shall be received in any court, office, or other place in this state as evidence of the death of the person therein found to be dead, and of the date, circumstances, and place of his disappearance as far as the same may be disclosed by such finding.

      Sec.2.  An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, made by any officer or employee of the United States authorized to make same by the act referred to in section 1 of this act or by any other law of the United States, shall be received in any court, office, or other place in this state as evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, as the case may be.

      Sec.3.  For the purposes of section 1 and section 2 of this act any finding, report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said sections, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority.

 

 

 

 

 

 

 

 

 

 

 

 

Finding of presumed death declared sufficient proof

 

 

 

 

 

Courts and officers of state to accept same

 

 

 

 

 

 

Certified copies prima-facie evidence of authority


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

ê1945 Statutes of Nevada, Page 210 (Chapter 131, AB 001)ê

 

 

 

 

 

 

Provisions of act declared to be severable

 

 

Repeal

 

In effect

sections, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify.

      Sec.4.  If any provision of this act or the application thereof to any person or circumstance be held invalid, such invalidity shall not affect any other provision or application of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

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

      Sec.6.  This act is hereby declared to be an emergency act and shall take effect immediately upon its passage and approval.

 

________

 

CHAPTER 132, AB 211

 

 

 

 

 

 

 

 

 

 

 

Appropriation for livestock diseases

 

 

 

 

 

Claims, how audited

[Assembly Bill No. 112–Committee on Livestock]

 

Chap. 132–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 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  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, 1947, 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.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 211ê

CHAPTER 133, AB 391

[Assembly Bill No. 193–Mr. Martinez]

 

Chap. 133–An Act to further 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.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 39 of the above-entitled act (being 1929 Nevada Compiled Laws, 1941 Supp., section 6447) is hereby amended to read as follows:

      Section 39.  Immediately after the first Monday in August of each year, the county treasurer and ex officio tax receiver shall advertise the property upon which delinquent taxes are a lien for sale, in all cases where the delinquent tax, exclusive of poll taxes, penalties, and assessments of benefits of irrigation districts, does not exceed the sum of three thousand ($3,000) dollars, such sale to be made at the front door of the courthouse on the second Monday in September next succeeding.

      Such notice shall be published in a newspaper, if there be one in the county, at least once a week from the date thereof until the time of sale, and if there be no newspaper in the county, such notice shall be posted in at least five conspicuous places within the county; provided, that the cost of publication in each case shall be charged to the delinquent taxpayer, and shall, in no case, be a charge against the state or county; and provided further, that such publication shall be made at not more than legal rates. Such notice shall specify and give:

      First-The name of the owner, if known.

      Second-The description of the property on which such taxes are a lien and which will be sold for the payment thereof.

      Third-The amount of the taxes due from him, and the penalties and costs as provided by law.

      Fourth-That said property will be sold for all of said taxes, penalties, and costs, specifying the time and place of said sale to be on the second Monday in September at 1:30 p. m.; and that such sale is subject to redemption within two years after the date of sale by payment of said taxes, penalties, and costs, together with interest thereon at the rate of ten (10%) percent per annum from date of sale until paid; provided, that such redemption may be made in accordance with the provisions of the civil practice act of this state in regard to real property sold under execution. At the same time the said officer shall first publish said notice or post the same as the case may be, he shall send a copy of the same by registered mail, in the case of each respective property as taxes, to the owner or owners thereof and also to the person or persons listed as the taxpayer or taxpayers thereon, on the tax rolls, if such names and addresses are known.

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice of sale of property on which taxes have become delinquent

 

 

 

Costs to be charged to delinquent taxpayer

 

 

 

 

 

 

 

 

 

 

Sale subject to redemption


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

ê1945 Statutes of Nevada, Page 212 (Chapter 133, AB 391)ê

 

Duty of county treasurer

 

 

 

 

Proviso

 

 

 

 

Certificate; treasurer may bid for county and state

 

 

 

 

Property may be redeemed

same as the case may be, he shall send a copy of the same by registered mail, in the case of each respective property as taxes, to the owner or owners thereof and also to the person or persons listed as the taxpayer or taxpayers thereon, on the tax rolls, if such names and addresses are known. Bidding at tax sales under the provisions of this section shall be for the smallest quantity of property that will pay the taxes, penalties, and costs; provided, that no county officer shall directly or indirectly purchase, for his own private use and benefit, any property sold at tax sales under the provisions of this act and/or any property owned by any county of this state.

      Sec.2.  Section 40 of the above-entitled act is hereby amended so as to read as follows:

      Section 40.  After receiving the amount of taxes, penalty, and costs, the treasurer shall make out in duplicate a certificate, dated on the day of sale, stating (when known) the name of the person assessed, a description of the land sold, the amount paid therefor, that it was sold for taxes, giving the amount and year of the assessment, and specifying the time when the purchaser will be entitled to a deed, if the land is not sooner redeemed; provided, that if no one else shall bid upon any piece of land at such sale, the treasurer shall bid the same in for the benefit of the county and state, and file a certificate thereof with the county recorder; and the same shall be subject to redemption from the treasurer the same as from a private purchaser; and if not redeemed, the title thereto shall vest in the county for the benefit of the county and state, and may be disposed of as provided by law. Until the period of redemption as provided by law has expired, the property described in the certificate of sale shall be assessed to the person named in such certificate of sale, and before redemption by the owner thereof such certificate holder shall be reimbursed for any additional taxes thereon he may pay, together with interest thereon as provided by law. One of the duplicate certificates of sale issued by the treasurer, in case of a private purchaser, shall be filed in the office of the county recorder.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 213ê

CHAPTER 134, AB 591

[Assembly Bill No. 195–Mr. Wines]

 

Chap. 134–An act to amend the title of an act entitled “An act requiring the state health department to inspect food establishments, granting authority to the health officer to inspect food establishments, granting power to adopt an interpretive code, permitting sampling and condemnation of food products, regulating control of infectious diseases in food handlers, regulating the inspection, grading, degrading, posting of grade notices, and publication of grades of food establishments; regulating the issuance and revocation of permits and licenses to operate food establishments, setting up standards of sanitation of food establishments, detailing certain unlawful practices, enforcement of this act, and fixing of penalties,” approved March 17, 1943.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The title of the above-entitled act, approved March 17, 1943, is hereby amended to read as follows:

      An Act requiring the state health department to inspect food and drink establishments; defining food establishments, food products, food handlers; granting authority to the health officer to inspect food and drink establishments; granting power to adopt an interpretive code, permitting sampling and condemnation of food products, regulating control of infectious diseases in food handlers, regulating the inspection, grading, degrading, posting of grade notices, and publication of grades of food and drink establishments; regulating the issuance and revocation of permits and licenses to operate food and drink establishments, setting up standards of sanitation therein, detailing certain unlawful practices, providing for the enforcement of this act, and fixing penalties for the violation thereof.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amendment of title

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 214ê

CHAPTER 135, AB 891

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Emergency temporary certificates, when granted

 

 

 

 

 

 

 

 

 

 

 

 

Declared emergency

 

 

Expiration of approval date

 

 

 

 

Repeal

[Assembly Bill No. 198–Committee on Roads and Highways]

 

Chap. 135–An Act to amend an act entitled “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.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being chapter 93, Statutes 1943, is amended to read 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. 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 one year following the date proclaimed by the president as the termination of the existing war emergency, or following the date specified in a concurrent resolution of the two houses of Congress as the date of such termination, or following the date on which the Congress by a concurrent resolution of the two houses finds as a fact that the war emergency hereinbefore referred to has been relieved.

      Sec.2.  Section 3 of the above-entitled act, being chapter 93, Statutes 1943, is amended to read as follows:

      Section 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 one year following the date proclaimed by the president as the termination of the existing war emergency, or following the date specified in a concurrent resolution of the two houses of Congress as the date of such termination, or following the date on which the Congress by a concurrent resolution of the two houses finds as a fact that the war emergency hereinbefore referred to has been relieved.

      Sec.3.  All acts and parts of acts insofar as they may be inconsistent with the provisions of this act, are hereby repealed.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 215ê

CHAPTER 136, AB 712

[Assembly Bill No. 217–Mr. Capurro]

 

Chap. 136–An Act authorizing and directing the board of regents of the University of Nevada to execute an easement for county road right-of-way over certain lands to the county of Washoe, State of Nevada, defining the duties of the board of county commissioners of Washoe County in connection therewith, and other matters relating thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Upon the passage and approval of this act and for the consideration stated in section 2 of this act, it shall be the duty of the board of regents of the University of Nevada, to make, execute and deliver a good and sufficient easement to the county of Washoe, State of Nevada, covering a piece or parcel of land to be used for county road right-of-way, as said county road crosses over and across certain state lands lying and being in the county of Washoe, State of Nevada; said right-of-way for county road more particularly described as being a portion of lot 4 of the NW1/4 of section 1, T. 18 N., R. 19 E., M. D. B. & M.; and said right-of-way being a piece or parcel of land forty (40) feet in width which lies and is within the above-described state lands, and further being twenty (20) feet in width on each side of a certain centerline; said centerline described more fully as follows, to-wit:

      Beginning at the point of intersection of the centerline of the proposed county road and the north and south 1/16 section line between lot 3 and lot 4 of the NW1/4 of section 1, T. 18 N., R. 19 E., M. D. B. & M., said point of beginning further described as bearing S. 62° 45' E. a distance of 1,438.8 feet from the northwest corner of said section 1; thence from a tangent which bears N. 82° 32' W. curving to the right with a radius of 160.00 feet, through an angle of 52° 35', a distance of 146.84 feet to a point; thence N. 29° 57' W., a distance of 690.4 feet more or less to the point of ending on the north boundary line of lot 4 of said section 1, said point of ending bears N. 88° 33' E., a distance of 816.3 feet, more or less, from the northwest corner of said section 1, containing an area of 0.77 acres more or less.

      The afore-mentioned being a continuation northwesterly of a strip of land of identical width conveyed to the county of Washoe by Porter H. Davis and Mary W. Davis, his wife, by deed dated December 23, 1941, of record in volume 148 of Deeds, page 56, records of Washoe County, Nevada.

      Sec.2.  As full payment of the above-mentioned easement for said county road right-of-way, it shall be the duty of said Washoe County, through its board of county commissioners, to construct and maintain a new standard Nevada state highway department type B-4B fence, consisting of 4 barb wires with cedar posts spaced at 14-foot intervals, to be constructed along the right-of-way lines on both sides of said county road for the full length of the above-described parcel of land; in addition said Washoe County, through its board of county commissioners, shall install and maintain 2 standard 12-foot steel gates in said fences at points designated by the board of regents of the University of Nevada.

 

 

 

 

 

 

 

 

 

 

 

 

 

Easement to be executed by regents of university

 

 

 

 

 

 

 

 

Description of land


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

ê1945 Statutes of Nevada, Page 216 (Chapter 136, AB 712)ê

 

Duties of county commissioners of Washoe County

 

 

 

 

 

In effect

said Washoe County, through its board of county commissioners, to construct and maintain a new standard Nevada state highway department type B-4B fence, consisting of 4 barb wires with cedar posts spaced at 14-foot intervals, to be constructed along the right-of-way lines on both sides of said county road for the full length of the above-described parcel of land; in addition said Washoe County, through its board of county commissioners, shall install and maintain 2 standard 12-foot steel gates in said fences at points designated by the board of regents of the University of Nevada.

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

 

________

 

CHAPTER 137, AB 321

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Owners of canals, ditches or artificial water courses to install screens or gratings

[Assembly Bill No. 123–Washoe County Delegation]

 

Chap. 137–An Act to amend an act entitled “An act relating to and providing for the protection, propagation, restoration, domestication, and 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, Nevada Compiled Laws of 1929.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 33 of the above-entitled act, being section 3067 of Nevada Compiled Laws of 1929, as amended, is hereby amended to read as follows:

      Section 33.  Any person owning in whole or in part any canal, ditch, or any artificial watercourse, taking or receiving its waters from any river, creek, or lake in which fish have been placed or may exist shall, when practicable to do so, place, or cause to be placed, and shall maintain at the intake or inlet of such canal, ditch, or watercourse, a grating, screen, or other device, either stationary or operated mechanically, of such construction, fineness, strength, and quality, as shall be designated by the state fish and game commissioners, to prevent any fish from entering such canal, ditch or watercourse; provided, that in district 1 the county commissioners of Washoe County may use fish and game fund moneys in the fish and game fund of Washoe County to provide, install, and maintain fish screens in any or all irrigation water diversions located in Washoe County when said installation is deemed advisable, and said county commissioners of Washoe County shall cause the removal of any such screen or screens so installed upon satisfactory proof that such screen or screens prevent the maximum flow of water through such diversion to which the owner thereof is entitled; provided further, that it shall be unlawful for any other person or persons, excepting a duly appointed fish and game warden, and duly authorized deputies, to remove, tamper with, destroy, or in any way molest said screens when the same have been installed.


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

ê1945 Statutes of Nevada, Page 217 (Chapter 137, AB 321)ê

 

so, place, or cause to be placed, and shall maintain at the intake or inlet of such canal, ditch, or watercourse, a grating, screen, or other device, either stationary or operated mechanically, of such construction, fineness, strength, and quality, as shall be designated by the state fish and game commissioners, to prevent any fish from entering such canal, ditch or watercourse; provided, that in district 1 the county commissioners of Washoe County may use fish and game fund moneys in the fish and game fund of Washoe County to provide, install, and maintain fish screens in any or all irrigation water diversions located in Washoe County when said installation is deemed advisable, and said county commissioners of Washoe County shall cause the removal of any such screen or screens so installed upon satisfactory proof that such screen or screens prevent the maximum flow of water through such diversion to which the owner thereof is entitled; provided further, that it shall be unlawful for any other person or persons, excepting a duly appointed fish and game warden, and duly authorized deputies, to remove, tamper with, destroy, or in any way molest said screens when the same have been installed.

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

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

 

 

 

 

Provisos

 

 

 

 

 

 

 

 

 

 

Misdemeanor, when; penalty

 

 

 

 

In effect

 

________

 

CHAPTER 138, AB 402

[Assembly Bill No. 204–Committee on Public Health]

 

Chap. 138–An Act providing the method of supervision over the sanitation, healthfulness, cleanliness, and safety of certain state institutions; designating such institutions; defining the duties of certain officers and persons in relation thereto; authorizing the state board of health to establish rules and regulations; and other matters relating thereto, and repealing all acts and parts of acts insofar as they are inconsistent therewith.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The state health officer shall have supervision over the sanitation, healthfulness, cleanliness, and safety of the following state institutions: Nevada state prison, Nevada state hospital for mental diseases, Nevada state industrial school, and Nevada state children’s home.

 


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

ê1945 Statutes of Nevada, Page 218 (Chapter 138, AB 402)ê

 

Supervision of state health officer over state institutions

 

 

 

 

 

 

 

 

Duties of heads of institutions

 

 

Health officer may enter all parts of premises

 

 

 

 

Repeal

 

In effect

the following state institutions: Nevada state prison, Nevada state hospital for mental diseases, Nevada state industrial school, and Nevada state children’s home. The state board of health is hereby empowered to adopt, promulgate, and enforce, rules and regulations pertaining thereto as shall be deemed necessary to properly promote the sanitation, healthfulness, cleanliness, and safety of said institutions. It shall be the duty of the state health officer to inspect said institutions at least once each calendar year and whenever in his discretion he deems an inspection necessary to carry out the provisions of this act. A report of the findings upon such inspection or inspections shall be made to the secretary of the state board of health within twenty days following such inspection or inspections. The state board of health may from time to time at their discretion publish the reports of such inspections.

      Sec.2.  It shall be the duty of any person or persons in charge of the institutions named in this act to operate said institutions in conformity with the rules and regulations relating to sanitation, healthfulness, cleanliness, and safety adopted and promulgated by the state board of health.

      Sec.3.  For the purpose of carrying out the provisions of this act the state health officer or his duly authorized agents shall have full power and authority to enter upon any and all parts of the premises of any of the institutions named herein over which he shall have jurisdiction, to make examinations and investigations to determine the sanitary conditions of such places and whether the provisions of this act and the rules and regulations of the state board of health pertaining thereto are being violated.

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

      Sec.5.  This act shall be in full force and effect from and after July 1, 1945.

 

________

 

CHAPTER 139, AB 022

 

[Assembly Bill No. 220–Nye County Delegation]

 

Chap. 139–An Act fixing the compensation of certain county officers in Nye County, and other matters properly relating thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  From and after the first day of April 1945, the sheriff of Nye County, Nevada, shall receive a salary of three thousand four hundred and fifty ($3,450) dollars per annum in full compensation for his services to said county as sheriff or in any ex officio capacity of any kind whatsoever, and he may appoint a deputy who shall receive a salary of not less than one hundred fifty ($150) dollars nor more than two hundred ($200) dollars per month as may be determined annually by the board of county commissioners.


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

ê1945 Statutes of Nevada, Page 219 (Chapter 139, AB 022)ê

 

of three thousand four hundred and fifty ($3,450) dollars per annum in full compensation for his services to said county as sheriff or in any ex officio capacity of any kind whatsoever, and he may appoint a deputy who shall receive a salary of not less than one hundred fifty ($150) dollars nor more than two hundred ($200) dollars per month as may be determined annually by the board of county commissioners. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county, such fees as are provided for in an act of the legislature of the State of Nevada entitled “An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto,” approved February 27, 1883; provided, that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage any actual and necessary traveling expenses of himself or deputy in the service of any summons and complaints or other process issuing out of the district court; provided further, that where there is a deputy or other officer competent to perform said service, without the sheriff actually incurring any traveling expenses, no mileage shall be charged. Said sheriff shall continue to act as ex officio assessor of said county without additional compensation, and shall have such deputies, to be named by him, as the county commissioners may, by unanimous consent, deem necessary, and at such compensation and for such time as they may direct, which compensation shall not exceed one hundred seventy-five ($175) dollars per month per deputy.

      Sec.2.  The county clerk and treasurer shall receive a salary of two thousand seven hundred sixty ($2,760) dollars per annum for all his services in said office, and shall be allowed one deputy, to be named by him, at a compensation of not less than one hundred fifty ($150) dollars per month nor more than one hundred seventy-five ($175) per month. Neither the county clerk nor his deputy shall receive, either directly or indirectly, for any services any other of the public moneys of the state or county.

      The board of county commissioners, by unanimous consent, may allow the ex officio treasurer to have such other deputy or deputies as in their judgment may be necessary at such compensation and for such length of time as they may direct, which compensation shall not exceed one hundred fifty ($150) per month per each deputy.

Salary of sheriff and ex officio assessor

 

 

 

 

 

 

Fees and mileage

 

 

 

 

 

 

 

 

 

 

 

Deputies and compensation

 

 

Salary of clerk and treasurer

 

 

 

 

Additional deputies and compensation


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

ê1945 Statutes of Nevada, Page 220 (Chapter 139, AB 022)ê

 

Disposition of fees

 

 

Salary of recorder and auditor

 

Deputies and compensation

 

 

 

 

 

Salary of district attorney; stenographer and deputy or deputies, and compensation

 

 

 

 

 

 

 

 

 

 

Salaries to be paid monthly

Repeal

 

In effect

      The county clerk shall collect in advance, and monthly turn into the county treasury, such fees and compensations as are now provided by law for services in his office.

      Sec.3.  The county recorder and auditor of said county shall receive a salary of two thousand seven hundred sixty ($2,760) dollars per annum as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He shall be allowed one deputy, to be named by him, at a salary not less than one hundred fifty ($150) dollars nor more than one hundred seventy-five ($175) dollars per month, and shall have such other deputies, to be named by him, as the board of county commissioners, by unanimous consent, may deem necessary, and at such compensation and for such time as they may direct, which compensation shall not exceed one hundred fifty ($150) per month per each deputy.

      Sec.4.  The district attorney shall receive a salary of twenty-four hundred ($2,400) dollars per annum for all his services as such officer. He shall have a clerk or stenographer, to be named by him, at a compensation of not less than one hundred fifty ($150) dollars and not more than one hundred sixty-five ($165) dollars per month. He shall have such deputy or deputies, to be named by him, as the board of county commissioners of said Nye County, by unanimous consent, may deem necessary, and at such time and for such time as they may direct. Any such deputy shall receive a salary not to exceed one hundred fifty ($150) dollars per month, to be fixed by the board of county commissioners. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The district attorney shall receive not fees or compensation other than is herein provided for the performance of his official duties.

      Sec.5.  All annual salaries herein provided shall be paid in twelve (12) equal monthly installments.

      Sec.6.  All acts and parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed.

      Sec.7.  This act shall be in full force and effect from and after April 1, 1945.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 221ê

CHAPTER 140, AB 031

[Assembly Bill No. 130–Mr. Ryan]

 

Chap. 140–An Act to amend an act entitled “An act authorizing the labor commissioner of the State of Nevada to employ a deputy, defining the duties of such deputy and fixing his compensation, and other matters relating thereto, and providing an appropriation therefor,” approved March 24, 1943.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 4 of the above-entitled act, being chapter 182, 1943 Statutes of Nevada, is hereby amended so as to read as follows:

      Section 4.  For the purpose of paying the salary of the position of deputy herein created there is hereby appropriated out of any unappropriated moneys in the state treasury the sum of forty-eight hundred ($4,800) dollars for the biennium beginning July 1, 1945, and ending June 30, 1947, together with the sum of twelve hundred ($1,200) dollars for the payment of the mileage, subsistence, and travel expense of such deputy for the biennium beginning July 1, 1945, and ending June 30, 1947.

      Sec.2.  Section 6 of the above-entitled act is hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for deputy labor commissioner

 

 

 

Repeal

In effect

 

________

 

CHAPTER 141, AB 771

[Assembly Bill No. 177–Mr. Folsom]

 

Chap. 141–An Act to provide for extensions and improvements of the storm drain system of Carson City, Nevada; declaring an emergency; authorizing an emergency loan therefor on certain conditions; providing for the contribution by the state of part of the cost thereof, and making an appropriation therefor; and other matters properly relating thereto.

 

[Approved March 22, 1945]

 

      Whereas, Storm waters and flood conditions have recurrently caused great damage to streets and property in Carson City, state capital and county seat of Ormsby County; and

      Whereas, State property and buildings, as well as private property and city streets, are constantly menaced by a recurrence of flood conditions and excessive storm waters and the inadequacy of the present storm drain and sewer system of said Carson City to carry such floods and storm waters; and

      Whereas, A grave danger to state and city property, and to the public health, now exists, and immediate extensions and improvements to the storm drain and sewer system of Carson City are now indispensable and are imperatively required; now, therefore,

 

 

 

 

 

 

 

 

 

 

 

 

Preamble


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

ê1945 Statutes of Nevada, Page 222 (Chapter 141, AB 771)ê

 

 

 

 

 

 

 

Trustees of Carson City may borrow not to exceed $15,000

 

 

Loan declared emergency

 

 

Trustees authorized to negotiate loan

 

 

 

 

 

 

 

 

Special tax to be levied

 

 

 

 

Appropriation by State of Nevada, how matched

and improvements to the storm drain and sewer system of Carson City are now indispensable and are imperatively required; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The board of trustees of Carson City, Nevada, are hereby authorized to borrow money in the name of the city by means of an emergency loan or loans approved by the state board of finance in an amount not exceeding fifteen thousand dollars ($15,000) and to use the proceeds to pay all or a part of the cost of and to make extensions and improvements in the storm drain sewer system of Carson City, Nevada.

      Sec.2.  The legislature of Nevada hereby declares that there is an immediate, imperative, and indispensable need for such extensions and improvements, founded on the need to preserve and advance the public health and welfare and to protect public property, and that the said need constitutes a grave and immediate emergency.

      Sec.3.  The board of trustees of Carson City are authorized to borrow such money or any part thereof on such loan or loans, upon such contract and upon such terms as they may deem advisable and practicable to carry out the purposes of this act. They are authorized to declare said loans to be a lien upon all taxable property, real and personal, in Carson City, Nevada. They are authorized to borrow said money from any individual, company, corporation or association or from the State of Nevada or any fund thereof available for investment, and the lending of such money as an investment of such state funds is hereby declared to be lawful. Any sums borrowed shall be repayable in annual installments and the whole shall be paid on or before four years from date of receipt.

      Sec.4.  It is made the duty of the board of trustees of Carson City to levy or cause to be levied a special tax on all the property, both real and personal, in Carson City, Nevada, subject to taxation, currently, at a rate sufficient to retire such loan or loans in installments, and pay the interest accruing thereon, when and as they are made payable by the terms of any such loan or contract.

      Sec.5.  There is hereby appropriated, from any funds in the state treasury not otherwise appropriated, the sum of six thousand dollars ($6,000) for the purposes of this act; provided, however, that the state controller shall draw his warrant or warrants and the treasurer shall pay the same so as to match in the proportion of one dollar of state moneys for each two and one-half dollars of Carson City moneys, the proceeds of such emergency loan or other available moneys of Carson City, appropriated and made available for expenditure by Carson City for the purposes of this act, and the certificate of the city clerk and treasurer of Carson City as to such appropriation shall be sufficient warrant for the controller to draw his warrant or warrants from time to time as herein provided; provided further, that in no case shall the state’s participation in said project involve the expenditure by the state of more than six thousand dollars ($6,000).


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

ê1945 Statutes of Nevada, Page 223 (Chapter 141, AB 771)ê

 

moneys, the proceeds of such emergency loan or other available moneys of Carson City, appropriated and made available for expenditure by Carson City for the purposes of this act, and the certificate of the city clerk and treasurer of Carson City as to such appropriation shall be sufficient warrant for the controller to draw his warrant or warrants from time to time as herein provided; provided further, that in no case shall the state’s participation in said project involve the expenditure by the state of more than six thousand dollars ($6,000).

      It is hereby declared that said appropriation is made in order to guard and promote the health and welfare of the people of Carson City and particularly the officers and employees of said state in said city, and in part contribution to and reimbursement of Carson City for its services rendered to the state in providing and maintaining drainage works, facilities, and service for the state departments, buildings, and institutions in Carson City.

      Sec.6.  No moneys borrowed by said city or appropriated by this act shall ever be used for any other purpose than for storm drain and sewer extensions and improvements in Carson City, Nevada. If any moneys levied for the purpose of repaying the sums borrowed shall remain after discharging such obligations, they shall be used for sewer improvements.

      Sec.7.  No sums of money shall be borrowed under the provisions of this act after March 1, 1947.

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

 

 

 

 

State appropriation limited

 

Purpose of state appropriation

 

 

 

 

Moneys not to be used for any other purpose

 

 

 

Time limit

 

In effect

 

________

 

CHAPTER 142, AB 691

[Assembly Bill No. 196–Committee on Ways and Means]

 

Chap. 142–An Act making an appropriation for certain contingent and emergency expenses of the executive department for cooperation among western states in meeting present and postwar problems.

 

[Approved March 22, 1945]

 

      Whereas, The current executive budget includes an item of fifteen hundred ($1,500) dollars and omits provision for certain other contingencies affecting the solution of postwar problems, both of which require attention before the passage of the general appropriation bill; and

      Whereas, The governor has invited the eleven western governors to hold their annual conference in Nevada in the month of April of this year; and

      Whereas, The eleven western states forming such conference are committed both by interest and engagement to cooperation in solving present and postwar problems common to all and vital to each, and authority for participation financially and otherwise ought to be granted at this time; now, therefore,

 

 

 

 

 

 

 

 

 

 

Preamble


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

ê1945 Statutes of Nevada, Page 224 (Chapter 142, AB 691)ê

 

 

 

 

 

 

 

 

Appropriation for western governors’ conference

 

 

Additional appropriation to be expended by governor

 

 

 

 

 

 

Governor awarded full discretion

 

 

 

Claims to be approved by board of examiners

 

 

 

 

In effect

cooperation in solving present and postwar problems common to all and vital to each, and authority for participation financially and otherwise ought to be granted at this time; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The governor is hereby authorized to expend and incur expense to an amount not exceeding fifteen hundred ($1,500) dollars to provide facilities for conducting and participating in the conduct of the western governors’ conference in Nevada in the month of April of the current year or thereabouts and for extending the hospitality of the State of Nevada to the members and staffs of such conference.

      Sec.2.  The governor is authorized to expend and incur expense to an amount not exceeding five thousand ($5,000) dollars in participation on similar terms with the other states of said western governors’ conference and subject to joint control by all the members thereof in a plan to prepare for the solution of social, economic and industrial problems during the present and postwar periods. Such plan may include the investigation, reporting and analysis of present conditions, opportunities and resources; a forecast of probable postwar alterations and plans for and provision for such expenditures and activities under public and private auspices as prudence may dictate in the way of preparation, including contemporaneous industrial development. The governor shall have full discretion as to the extent of participation of the State of Nevada financially, or otherwise. in any such plan, subject to the appropriation herein made. In the carrying out of any such plan agreed upon, the governor shall have power to call upon the executive departments and agencies in the state for service and cooperation.

      Sec.3.  For the purpose of carrying out the two respective purposes of this act, the aggregate sum of sixty-five hundred ($6,500) dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated. All claims against said appropriation shall be approved by the governor in the first instance and then approved by the board of examiners and paid in the same manner as other claims against the state are approved and paid.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 225ê

CHAPTER 143, AB 602

[Assembly Bill No. 206–Committee on Livestock]

 

Chap. 143–An Act to amend an act entitled “An act providing for the adoption, recording, rerecording, transfer, and use of brands and marks on horses, mules, asses, cattle, and hogs; defining the duties and powers of the state board of stock commissioners in connection herewith; providing penalties for the violation thereof; and repealing certain acts; and other matters properly relating thereto,” approved February 19, 1923, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 6 of the above-entitled act, being section 3795 N. C. L. 1929, is hereby amended to read as follows:

      Section 6.  Hereafter, any owner of horses, mules, asses, cattle, or hogs in this state desiring to adopt and use thereupon any brand, or brand and mark, or marks, as provided for in this act shall, before doing so, forward to the board an application, on a form approved and provided by the board for that purpose, for the recording of such brand, or brand and mark or marks and receive a certificate of recordation as provided in this act. Said application shall include a drawing, exact except as to size, of the brand, together with any ear or other marks desired or intended to be used therewith, and the location upon the animal or animals concerned where such brand and ear or other marks are desired or intended to be used, as well as a statement of the kinds of livestock upon which said brand or brand and mark or marks is or are to be used, the approximate boundaries of that part of the state within which it is intended to use the same, and the full name and address of the applicant. Said application shall also be endorsed and approved by the owners of two legally recorded brands in use in the same area in which the brand applied for is to be used; provided, such endorsement and approval shall not be required on applications for the recording of brands already legally recorded in any adjoining state. For the purpose of this act, the post-office address included in the application shall be considered the legal address of the applicant until the board shall receive from such applicant, in writing, a notice of change of the same, the latest address of record with the board remaining the legal address.

      Sec.2.  Section 7 of the above-entitled act, being section 3796 N. C. L. 1929, is hereby amended to read as follows:

      Section 7.  Hereafter but one brand shall be awarded or recorded for each owner of horses, mules, asses, cattle or hogs; provided, that the owner or owners of separate and distinct livestock units may, under the terms of this act and within the discretion of the board, record one brand for use in connection with and for each such distinct and separate livestock unit; and provided, that no brand shall hereafter be recorded or used which is identical with, or in the opinion of the board, so similar to any brand previously recorded and remaining of legal record, or any abandoned brand which has not been abandoned for one year, as provided in section 13 of this act, as to be liable to cause confusion as to the identity or ownership of horses, mules, asses, cattle, or hogs, or which can be readily used to obliterate or alter any legally recorded brand already in use in the same area in this state; and provided further, that nothing in this section shall apply to the rerecording of any brand or brands legally recorded at the time of passage of this act and remaining of legal record in this state under the provisions of this act, insofar as the legal owners of such brand or brands at the time of passage of this act are concerned; or to brands legally transferred as provided for in section 11 of this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rerecording of livestock brands

 

 

 

Application shall include a drawing of brand

 

 

 

 

 

 

 

Post-office address considered legal address


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

ê1945 Statutes of Nevada, Page 226 (Chapter 143, AB 602)ê

 

One brand to each owner for each unit of livestock; provisos

 

 

 

 

 

 

 

 

 

 

 

 

 

Board to award brands to owners; provisos

 

 

 

 

 

 

 

 

 

 

 

 

Applicant to be notified upon refusal of request

hogs; provided, that the owner or owners of separate and distinct livestock units may, under the terms of this act and within the discretion of the board, record one brand for use in connection with and for each such distinct and separate livestock unit; and provided, that no brand shall hereafter be recorded or used which is identical with, or in the opinion of the board, so similar to any brand previously recorded and remaining of legal record, or any abandoned brand which has not been abandoned for one year, as provided in section 13 of this act, as to be liable to cause confusion as to the identity or ownership of horses, mules, asses, cattle, or hogs, or which can be readily used to obliterate or alter any legally recorded brand already in use in the same area in this state; and provided further, that nothing in this section shall apply to the rerecording of any brand or brands legally recorded at the time of passage of this act and remaining of legal record in this state under the provisions of this act, insofar as the legal owners of such brand or brands at the time of passage of this act are concerned; or to brands legally transferred as provided for in section 11 of this act.

      Sec.3.  Section 8 of the above-entitled act, being section 3797 N. C. L. 1929, is hereby amended to read as follows:

      Section 8.  Upon receipt of an application, as set forth in section 6 of this act, the board shall cause the records of previously recorded brands, remaining of legal record, or not abandoned for more than one year as provided in section 13 of this act, to be searched and if the brand applied for is recordable under the provisions of section 7 of this act, award the brand set forth in the application to the applicant and proceed to record the same, together with the mark or marks; provided, that in the case of any brand hereafter awarded, the recording certificate issued by the board shall define the area within this state where same may be used, and the position or positions, on the animal or animals concerned, where it may be applied, and the use of said brand outside of such area, or its application to other positions, without the written approval of the board shall be unlawful; and provided, no brand applied for shall be awarded or recorded until after the lapse of two legal business days subsequent to the receipt of the application for same at the established office of the board. In all cases where, under the terms of this act, the brand or brands and mark or marks applied for cannot legally be awarded by the board to the applicant, the applicant shall promptly be so notified by the board. Applications for the awarding and recording of brands or brands and marks shall take precedence in the chronological order of their receipt at the established office of the board.


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

ê1945 Statutes of Nevada, Page 227 (Chapter 143, AB 602)ê

 

established office of the board. The board may, in its discretion, refuse to award or record a brand known to be in use at the time in this state, or in an abutting county of an adjoining state, on horses, mules, asses, cattle, or hogs by another or others than the applicant therefor.

      Sec.4.  Section 11 of the above-entitled act, being section 3800 N. C. L. 1929, as amended Statutes of 1937, page 154, is hereby amended to read as follows:

      Section 11.  Any brand or brand and mark or marks, awarded and recorded and remaining of record in accordance with the terms of this act, including those transferred legally as provided in this section, shall be the property of the person or persons to whom they stand of record as provided in this act, and shall be subject to sale, assignment, transfer, mortgage or lien, devise and descent the same as other personal property. Instruments of writing evidencing such sale, assignment, transfer, mortgage, lien, devise, or descent shall be in that form, as to text, signatures, witnesses, acknowledgments, or certifications, required by statutes, in the case of the kind of instrument concerned; provided, that the board may secure such competent legal advice or rulings, and require such supporting evidence as it deems necessary, as to such instruments of writing, being in fact, authentic and in due legal form, before approving and recording same, as herein provided. Instruments in writing evidencing the transfer of ownership of any brand or brand and mark or marks, as herein provided, shall after approval be recorded in the office of the board in a book to be provided for that purpose, and shall not be legally binding until so approved by the board and recorded. Recording of such instruments shall have the same force and effect as to third parties as the recording of instruments affecting the sale, assignment, transfer, devise, or descent of other personal property, and the original, or a certified copy of any such instrument may be introduced in evidence, the same as is provided for similar instruments affecting personal property, and the record of such instrument or instruments of transfer, or the transcript thereof certified by the custodian of such record, may be read in evidence without further proof.

      Whenever any brand or brand and mark or marks of record, in accordance with the terms of this act, becomes the subject of, or is included in, any mortgage, provisional assignment, or legal lien, the mortgagee, provisional assignee, or lien holder may notify the board in writing as to the existence and conditions of such mortgage, provisional assignment, or lien. After the receipt of such written notice the board shall not transfer such brand or brand and mark or marks, other than to such mortgagee, provisional assignee, or lien holder until there is filed with said board satisfactory legal evidence that such mortgage, provisional assignment, or lien has been legally satisfied and removed.

 

 

 

 

 

 

Brands property of owner; may be transferred; proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disposition of brand under mortgage, assignment or lien


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

ê1945 Statutes of Nevada, Page 228 (Chapter 143, AB 602)ê

 

 

 

 

Transfer not to impair rerecording requirements

 

 

 

 

Change of position of brand unlawful; proviso

 

 

 

 

 

 

 

 

Owner of brand may apply for change of position

 

In effect

assignee, or lien holder until there is filed with said board satisfactory legal evidence that such mortgage, provisional assignment, or lien has been legally satisfied and removed.

      No transfer or change, of partial, joint, or complete ownership of any brand, under the provisions of this section, shall be construed to grant or recognize any change in the method or area of its use, from that authorized for same at the time of recording, or subsequent thereto but prior to such transfer or change of ownership, nor shall it waive or modify the rerecording requirements set forth in section 13 of this act.

      Sec.5.  There is hereby added to the above-entitled act, a new section to be known as section 14b to read as follows:

      Section 14b.  It shall be unlawful for the owner or owners of any legally recorded brand, recorded under the provisions of this act, or any act in effect in this state prior thereto, and remaining of legal record, to use the same on any position or positions, on any animal or animals, or in any area or areas, other than those authorized in writing at the time such brand was recorded, or subsequent thereto, by the board or some other legally constituted authority; provided, the board may on the written application of the owner or owners of any legally recorded brand, authorize in writing a change of position, or new positions for the application of same, or change or enlarge the area in which it may be used, if in the board’s opinion such change or changes in position, or area of use will not jeopardize or injure the rights or property of the owner or owners of any other brand remaining of legal record. Any application for a change in position, or new positions, or changes in the area of use as above, shall set forth a valid and sufficient reason or reasons for same, and the board may require such supporting evidence for same as it deems necessary to establish the facts.

      Sec.6.  This act shall be in full force and effect on and after July 1, 1945.

 

________

 

CHAPTER 144, AB 112

 

[Assembly Bill No. 211–Mr. Thompson]

 

Chap. 144–An Act to authorize provision for or extension of county library service through contracts with existing county libraries.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The board of library trustees of any county free library shall have full power and authority to enter into contracts with the board of county commissioners of any other county, or with any city or town in any other county, or with any school district to secure to the residents of such other county, or to the residents of such city or town in such other county, or to the students of the school district, the same privileges of the county free library as are granted to, or enjoyed by, the residents of the county having a county free library, or such privileges as may be agreed upon in such contract, upon such consideration to be named in said contract as may be agreed upon, the same to be paid into the county library fund of the county library providing the service.


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

ê1945 Statutes of Nevada, Page 229 (Chapter 144, AB 112)ê

 

into contracts with the board of county commissioners of any other county, or with any city or town in any other county, or with any school district to secure to the residents of such other county, or to the residents of such city or town in such other county, or to the students of the school district, the same privileges of the county free library as are granted to, or enjoyed by, the residents of the county having a county free library, or such privileges as may be agreed upon in such contract, upon such consideration to be named in said contract as may be agreed upon, the same to be paid into the county library fund of the county library providing the service.

      Any contracting county, city, town, or school district may terminate any such contract as may be entered into upon such terms as may be agreed upon between the parties thereto.

      Any county, city, town, or school district wherein a library has been established shall have full power and authority to contract with the board of trustees of any county library to obtain for the residents of such county, city, town, or school district an increase in library services or such privileges as may be agreed upon in said contract.

      Any county, city, town, or school district contracting for such library service may at any time establish a library for the use of its inhabitants, whereupon its contract for said service may be continued or terminated on such terms as may be agreed upon between the parties thereto.

      Sec.2.  The tax-levying body of any county, city, or town contracting to receive such library services shall be authorized to budget for and levy a tax in an amount not to exceed ten cents per one hundred dollars of assessed valuation or two dollars per capita population, whichever amount is greater, to meet the terms of said contract. The trustees of any school district shall be authorized to budget for not more than five dollars for each teacher to which the district is entitled to meet the terms of said contract.

      Sec.3.  The board of library trustees of the county library providing such services shall have full power and authority to expend any amounts received in consideration of any such contract in addition to the amount budgeted for said county library.

      Sec.4.  Any acts or parts of acts which may conflict with the financial provisions of this act shall not apply to any contract entered into under the provisions of this act.

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

Power of library trustees

 

 

 

 

 

 

Contracts may be terminated

 

Any established library may contract

 

 

Contracts may be terminated

 

 

Tax-levying bodies to budget

 

 

 

 

 

Library trustees to expend funds

 

 

Conflicting provisions of act not to apply

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 230ê

CHAPTER 145, AB 222

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board, how created

 

 

 

 

 

 

 

 

Board to appoint superintendent; salary

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 222–Committee on Ways and Means]

 

Chap. 145–An Act to amend an act entitled “An act establishing a state institution for delinquent boys, providing for the purchase of a site, erection of buildings, organizing the government of said school, and providing for the maintenance thereof, and creating a tax levy to raise funds for such purposes,” approved March 26, 1913, 384.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 9 of the above-entitled act, being section 6835 N. C. L. 1929, is hereby amended to read as follows:

      Section 9.  The permanent board of government of said institution shall consist of the governor of Nevada and four persons to be appointed by him, and removable by a majority vote of the members of the board. The terms of office of such members, other than the governor, shall expire one each year, beginning January 1, 1915, and in the appointments the times of expiration of the first appointees shall be designated in the respective appointments, and thereafter their terms of office shall be four years each. The members of said board shall serve without compensation, but necessary and reasonable expenses incurred by them in the performance of their duties as members of said board shall be paid out of the appropriations made for the maintenance of said school, when approved by the board. They shall appoint a superintendent of the school, whose salary shall be not more than three thousand six hundred ($3,600) dollars per year, payable monthly, and who shall hold office during the pleasure of the board. The board of government is hereby authorized to accept gifts, and in order that the home herein provided for may be prepared as soon as possible, to borrow money at a rate not to exceed six (6%) percent, to be repaid from the fund created by this act.

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

      Sec.3.  This act shall become effective from and after July 1, 1945.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 231ê

CHAPTER 146, AB 632

[Assembly Bill No. 236–Committee on Fish and Game]

 

Chap. 146–An Act to amend “An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds, and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming, and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries, and refuges, and the closing, opening, and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds, and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof and repealing certain acts and parts of acts in conflict therewith,” approved March 29, 1929, 300, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 64 of the above-entitled act, being section 3098 N. C. L. 1929, is hereby amended to read as follows:

      Section 64.  It shall be unlawful for any person to hunt any form of migratory game birds within this state, except during the open season thereon. The commission shall annually proclaim by printed notice in newspapers such seasons, bag limits, and other regulations for the hunting of migratory game birds; provided, however, that the boards of county commissioners of the respective counties may shorten said season or designate certain days on which shooting shall be allowed in their respective counties.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Open season for water fowl; certain days may be designated

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 232ê

CHAPTER 147, AB 832

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County fish and game fund created

 

 

 

Disposition of fund; proviso

[Assembly Bill No. 238–Committee on Fish and Game]

 

Chap. 147–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, 300, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 50 of the above-entitled act, being section 3084 N. C. L. 1929, is hereby amended to read as follows:

      Section 50.  There is hereby created, in each of the counties of this state, a county fund to be known as and called “County Fish and Game Fund,” which said fund shall be kept in the county treasury of the respective counties, and all moneys received from the sale of fishing and hunting licenses and from other sources as provided by law shall be placed into said fund in each county of the state; and said fund shall be subject to orders for the expenses of propagating, protecting, restoring, and introducing fish and game, and for the protection of the same, and for the payment of the expenses incurred in the prosecution of offenders against the fish and game and fish and game license laws of the state, and expenses for the payment of the cost of the purchase of licenses and all other books and blanks required in the county, and for the cost of acquisition, construction and maintenance of fish hatcheries therein, and for all other necessary expenses therewith, approved by the board of county commissioners therein; and upon such approval, the auditor of each county of the state is hereby directed to draw his warrant on the county treasurer for the respective amounts; provided, the county commissioners of any county may enter into financial agreements with the county commissioners of any other county or counties or with the state fish and game commission for the purpose of purchase, construction, and/or maintenance of fish hatchery and rearing ponds, game farms, or any other projects which they deem beneficial to the propagation and conservation of fish and game.


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

ê1945 Statutes of Nevada, Page 233 (Chapter 147, AB 832)ê

 

amounts; provided, the county commissioners of any county may enter into financial agreements with the county commissioners of any other county or counties or with the state fish and game commission for the purpose of purchase, construction, and/or maintenance of fish hatchery and rearing ponds, game farms, or any other projects which they deem beneficial to the propagation and conservation of fish and game.

      Sec.2.  All acts and parts of acts, insofar as they may be inconsistent 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.

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 148, AB 21

[Assembly Bill No. 12–Mr. Thompson]

 

Chap. 148–An Act to amend “An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds, and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming, and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries, and refuges, and the closing, opening, and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds, and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof and repealing certain acts and parts of acts in conflict therewith,” approved March 29, 1929, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 23 of the above-entitled act, being section 3057 N. C. L. 1929, as amended, hereby is amended to read as follows:

      Section 23.  It shall be unlawful for any person to fish in or from any of the waters of the Truckee river lying west of the point commonly known and designated the United States government reclamation dam in the vicinity of Derby and extending to the boundary line of the State of Nevada and the State of California except between the first day of May and the 31st day of October of the same year, both dates included.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Closed season Truckee river west of Derby


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

ê1945 Statutes of Nevada, Page 234 (Chapter 148, AB 21)ê

 

 

 

 

 

 

Closed season waters of Truckee river

 

 

 

Closed season district No. 1

 

 

 

Closed season of various districts

and extending to the boundary line of the State of Nevada and the State of California except between the first day of May and the 31st day of October of the same year, both dates included.

      Sec.2.  Section 24 of the above-entitled act, being section 3058 N. C. L. 1929, hereby is amended to read as follows:

      Section 24.  It shall be unlawful for any person to fish in or from any of the waters of the Truckee river and the district No. 1 except between the first day of May and the 31st day of October of the same year, both dates included.

      Sec.3.  Section 25 of the above-entitled act, being section 3059 N. C. L. 1929, hereby is amended to read as follows:

      Section 25.  It shall be unlawful for any person to fish in or from the waters described and designated in district No. 1 between the dates of the first day of November and the 30th day of April of the following year, both dates included.

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

      Section 29.  It shall be unlawful for any person to fish in or from the waters of Pyramid lake and Washoe lake in district No. 1, Lahontan lake in districts No. 2 and 11 between the dates of the first day of October of each year and the first day of March of the following year; and it shall be unlawful for any person to fish in or from the waters of Topaz lake, district No. 10, between the dates of the first day of November of each year and the first day of May of the following year; and it shall be unlawful for any person to fish in or from the waters of Lake Tahoe, district No. 9, which lie in Ormsby County, Nevada, and district No. 10 which lie in Douglas County, Nevada, between the dates of the first day of November of each year and the thirtieth day of April of the following year; and it shall be unlawful for any person to fish in or from any of the waters of districts Nos. 8 to 17, inclusive, except as above modified and except between the fifteenth day of April and the first day of October of the same year, both dates included; provided, that if delivered by private conveyance, Indian wards of the United States, who are residents of this state shall, under regulations prescribed by the state fish and game commissioners, have the privilege of selling, direct to consumers, fish they may legally take from the waters of Walker lake between March first and December fifteenth, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish; provided further, game fish and carp may be taken at any time during the years 1945, 1946, 1947, and 1948 from the waters of Walker lake in district No. 12.


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

ê1945 Statutes of Nevada, Page 235 (Chapter 148, AB 21)ê

 

      Sec.5.  Section 65 of the above-entitled act, being section 3099 N. C. L. 1929, hereby is amended to read as follows:

      Section 65.  It shall be unlawful at any time to take or possess mountain sheep, goats, elk, antelope or doe or fawn or spike buck deer except at the time and places and in the manner as may hereafter be provided by the state fish and game commissioners. As used in this article a “spike buck” is a male deer with unbranched antlers on both sides. Eye guards or knobs shall not be considered points.

      Sec.6.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

      Sec.7.  This act shall be in full force and effect from and after its passage and approval.

 

 

Certain animals under jurisdiction of state fish and game commission

 

 

Repeal

 

In effect

 

________

 

CHAPTER 149, AB 57

[Assembly Bill No. 75–Elko County Delegation]

 

Chap. 149–An Act to promote and encourage the protection of forest and other lands from fire and to authorize cooperation of the state with the federal government and with counties, municipalities, organizations and individuals in providing such protection; creating the office of state forester fire warden and assistant, creating a state board of fire control; providing for the appointment of district fire coordinators; defining the powers and duties of the respective boards; making an appropriation therefor, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  There is hereby created the position of state forester fire warden, who shall be the surveyor general acting in an ex officio capacity.

      Sec.2.  There is hereby created the position of assistant state forester fire warden, who shall be appointed by the state forester fire warden upon the approval of the state board of fire control. The assistant state forester fire warden must be a graduate of a recognized school of forestry, or the equivalent; he must be trained in fire control work. His salary shall be set by the state board of fire control at not to exceed thirty-six hundred ($3,600) dollars per annum.

      Sec.3.  There is hereby created the state board of fire control, which shall consist of the governor, the director of agricultural extension of the University of Nevada and the state forester fire warden. The governor shall be chairman and the state forester fire warden secretary of the state board of fire control.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State forester fire warden to be surveyor-general

Assistant state fire warden created; qualifications and salary

 

 

 

Creation of state board of fire control


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

ê1945 Statutes of Nevada, Page 236 (Chapter 149, AB 57)ê

 

 

Duties of state board of fire control

 

 

 

Duties of state forester fire warden

 

 

 

 

 

 

 

 

 

Warden to represent state in federal or other agreements

 

 

 

 

Allotted funds to be deposited in state treasury

the state forester fire warden secretary of the state board of fire control.

      The duties of the state board of fire control shall be to determine the policies of the state forester fire warden in programming for the coming fire season, and to approve all budgets showing where and how the moneys in the fire protection fund will be spent. The state board of fire control shall meet on the first Friday in April annually or at call of the chair.

      Sec.4.  The duties of the state forester fire warden and/or his assistant shall be to supervise or coordinate all forest, watershed, and range fire control work in Nevada, working with federal agencies, private associations, counties, towns, or cities. He shall administer all fire control laws in Nevada outside of townsite boundaries, and such other duties that might be designated by the state board of fire control. He shall assist and encourage county or local fire districts to create legally constituted fire districts where they are needed and offer guidance and advice in their operation. He is authorized in carrying out the provisions of this act to employ clerical assistance, county and district coordinators, patrolmen, fire fighters, and other employees as needed, and to expend for travel expenses such sums as may be necessarily incurred for this purpose.

      Sec.5.  The state forester fire warden is authorized and directed to represent the State of Nevada in negotiating and entering into an agreement with the federal government for the purpose of securing cooperation in the protection of the forest and watershed areas of Nevada from fire, and to enter into such other agreements with boards of county commissioners, municipalities, organizations, and individuals in the State of Nevada, owning lands therein, as are necessary in carrying out the terms of the federal agreement or that will otherwise promote and encourage the protection from fire of forest and other lands having an inflammable cover; provided, any federal funds allotted to the State of Nevada under the terms of the federal agreement and such other funds as may be received by the state for the protection of forests and watershed areas therein shall be deposited in the state treasury in the forest protection fund hereby created, which fund shall be used for the sole purpose of protecting forests and watershed areas in the manner prescribed by the terms and provisions in said cooperative agreements, and all moneys accumulating in said fund are hereby appropriated for this purpose to be paid only on claims approved by the state forester fire warden.

      Sec.6.  Any fire district, board or boards of county commissioners of the State of Nevada are authorized to enter into cooperative agreements with said state forester fire warden, acting for the state, also with other counties, organizations, and individuals to prevent and suppress outdoor fires, and are further authorized to appropriate and expend funds for the payment of wages and expenses incurred in fire prevention and fire suppression, for the purchase, construction, and maintenance of forest protection improvements and equipment, and for paying other expenses incidental to the protection of forest and other lands from fire, including any portion of the office and travel expense of the state forester fire warden incurred in carrying out the provisions of any cooperative agreements with the State of Nevada.


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

ê1945 Statutes of Nevada, Page 237 (Chapter 149, AB 57)ê

 

cooperative agreements with said state forester fire warden, acting for the state, also with other counties, organizations, and individuals to prevent and suppress outdoor fires, and are further authorized to appropriate and expend funds for the payment of wages and expenses incurred in fire prevention and fire suppression, for the purchase, construction, and maintenance of forest protection improvements and equipment, and for paying other expenses incidental to the protection of forest and other lands from fire, including any portion of the office and travel expense of the state forester fire warden incurred in carrying out the provisions of any cooperative agreements with the State of Nevada.

      Sec.7.  The state forester fire warden, fire districts, and the boards of county commissioners, either separately or collectively, are authorized to enter into agreements with the United States forest service, United States grazing service, and other fire protection agencies, to provide for placing any or all portions of the fire protection work under the direction of the agency concerned, under such terms as the contracting parties deem equitable, and are authorized to place any or all funds appropriated or otherwise secured for forest protection in the cooperative work fund of the respective agency for disbursement by that agency for the purposes stated in the agreements and otherwise in conformity with the terms thereof.

      Sec.8.  Any authority granted by this act for entering into cooperative agreements shall be deemed to include authority for canceling, modifying, and renewing such agreements.

      Sec.9.  Any county, counties, or portion thereof, electing to form a fire protection district shall appoint a district or county fire coordinator who shall be approved by and work under the supervision of the state forester fire warden. The county fire coordinator of his respective district shall assist the state forester fire warden in determining manpower and equipment needs to perfect a fire control organization within limitations of existing statutes.

      Sec.10.  There is hereby appropriated out of any funds in the state treasury not otherwise specially appropriated the sum of five thousand ($5,000) dollars for the period ending June 30, 1947.

      Sec.11.  The state board of fire control is hereby empowered to cooperate and enter into agreements with the University of Nevada agricultural extension service through the board of regents of the University of Nevada in combining the work of assistant state forester fire warden with those of the University of Nevada extension forester on a part-time basis.

      Sec. 12.  Chapter 36 Statutes of Nevada 1931, page 41, entitled ”An act to promote and encourage the protection of forest and other lands from fire and to authorize cooperation of the state with the federal government and with counties, municipalities, organizations, and individuals in providing such protection,” is hereby repealed, and all other acts and parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed.

Boards of county commissioners or fire districts may enter into cooperative agreements

 

 

 

 

 

Fire warden, fire districts or county commissioners may enter into agreements collectively or separately

 

 

 

Full authority granted

 

 

District or county fire coordinator to be approved by state forester fire warden

 

 

Appropriation

 

 

Board may cooperate with regents of university


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

ê1945 Statutes of Nevada, Page 238 (Chapter 149, AB 57)ê

 

Repeal of certain act

 

 

 

 

In effect

entitled ”An act to promote and encourage the protection of forest and other lands from fire and to authorize cooperation of the state with the federal government and with counties, municipalities, organizations, and individuals in providing such protection,” is hereby repealed, and all other acts and parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed.

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

 

________

 

CHAPTER 150, AB 961

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation

 

 

 

 

 

In effect

[Assembly Bill No. 169–Mr. Ryan]

 

Chap. 150–An Act for the relief of George Crockett.

 

[Approved March 22, 1945]

 

      Whereas, On June 1, 1944, George Crockett, doing business as Alamo Airways, Las Vegas, Nevada, made application to the Nevada tax commission for the tax refund provided by law on one thousand twenty-three (1,023) gallons of gasoline used for nonhighway purposes, to wit, in airplanes, which said tax refund amounted to forty dollars and ninety-two cents ($40.92); and

      Whereas, Through misadventure and not through negligence, said application did not arrive at the office of the Nevada tax commission in the time provided by law for the making of the refund requested; and

      Whereas, The said George Crockett is entitled to a refund as heretofore set forth, and there is no other way the State of Nevada can make said refund other than by an act of the legislature; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The sum of forty dollars and ninety-two cents ($40.92) is hereby appropriated from the highway fund of the State of Nevada in payment of the claim of George Crockett, Alamo Airways, Las Vegas, Nevada, for a gasoline refund, and the state controller is hereby directed to draw his warrant in favor of George Crockett for said amount, and the state treasurer is directed to pay the same from said appropriation.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 239ê

CHAPTER 151, AB 351

[Assembly Bill No. 153–Committee on Aviation]

 

Chap. 151–An Act authorizing the boards of county commissioners of their respective counties of the State of Nevada to lease real and personal property of their county for use and occupancy as airports, air facilities, or airport service for a term or terms not to exceed twenty (20) years; permitting any member of said board to vote on any agreement or indenture for the lease of real and personal property for such purposes and time; and matters relating thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The boards of county commissioners of the respective counties of the State of Nevada are hereby authorized to lease real and personal property of their county for use and occupancy as airports, airport facilities, or airport service, to whom and upon such conditions and terms as they deem proper, for a term or terms not exceeding twenty (20) years; provided, that before entering into any agreement for the lease of property as heretofore set forth, the county commissioners shall publish notice of such intention in some paper of general circulation published within their county at least once a week for a period of thirty (30) days; said notice shall specify a regular meeting to be held after completion of such publication, at which meeting any interested person may appear, and no such lease or agreement shall be entered into by such board until the publication and meeting heretofore provided for shall be had.

      Sec.2.  Any member of any board of county commissioners in the State of Nevada may vote on any agreement or indenture for the lease of real or personal property of their respective county as referred to in section 1 of this act notwithstanding the fact that the term of the agreement may extend beyond his or her term of office.

      Sec.3.  Section 1 of act entitled “An act in relation to county contracts,” approved March 16, 1895, and all other acts and parts of acts in conflict with this act are hereby repealed insofar as the same apply to or interfere with the provisions of this act, and not in any other particular.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners to lease real and personal property for airport facilities; proviso

 

 

 

 

 

 

 

Length of agreement may extend beyond term of office

 

 

Repeal

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 240ê

CHAPTER 152, AB 412

 

 

 

 

 

 

 

 

 

 

 

 

 

Appointment of state highway engineer; salary and traveling expenses

 

 

 

 

 

 

Engineer to give bond

 

 

 

 

 

 

Assistant highway engineer and auditor to give bonds

[Assembly Bill No. 214–Committee on Roads and Highways]

 

Chap. 152–An Act to amend sections 3 and 7 of an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 3 of the above-entitled act, being section 5322 Nevada Compiled Laws 1929, as amended, is hereby amended to read as follows:

      Section 3.  The governor shall be chairman of the board of directors of the highway department. Said directors shall select a state highway engineer, who shall be a competent engineer, skilled and experienced in highway and bridge design, and who shall have had at least five years’ experience in highway construction. Said state highway engineer shall receive a salary not to exceed six thousand dollars ($6,000) the year to be fixed by the directors of the department of highways, payable out of the highway funds in equal monthly installments, upon the authority of a certificate from the board of directors, approved by the board of examiners, evidencing the amount so fixed. He shall be allowed his actual necessary traveling expenses when absent from the state capital upon business of the state. He shall devote his whole time to the duties of his office, and may be removed by the board of highway directors at any time. The state highway engineer, before entering upon the duties of his office, shall take the official oath and file a bond with the secretary of state of the State of Nevada in the sum of fifty thousand dollars ($50,000), conditioned upon the faithful performance of his duties as such engineer, and upon the proper expenditure of the moneys constituting the revolving fund hereinafter authorized, and the rendering of a true account of any and all moneys so expended, to the board of directors of said department of highways; and the assistant state highway engineer and the auditor of the state highway department shall each take the official oath and file with the secretary of state a bond payable to the State of Nevada in the penal sum of thirty thousand dollars ($30,000) for the faithful performance of their duties, respectively, as such assistant state highway engineer and as such auditor, and for the proper expenditure of the moneys constituting said revolving fund, drawn upon checks or vouchers signed by them or either of them, in accordance with law, and to render a true account to said board of directors of all moneys so expended on checks drawn or signed by them or either of them, said bonds to be approved by the governor.


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

ê1945 Statutes of Nevada, Page 241 (Chapter 152, AB 412)ê

 

them, said bonds to be approved by the governor. The premium upon such bonds, if surety company bonds be furnished, shall be paid from the state highway fund.

      Sec.2.  Section 7 of the above-entitled act, being section 5326 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 7.  The State of Nevada hereby accepts and assents to the provisions of the act of Congress of the United States entitled “An act to provide that the United States shall aid the states in the construction of rural post-roads, and for other purposes,” approved July 11, 1916, as amended and supplemented. The state highway department is hereby authorized to enter into all contracts and agreements with the United States government relating to the survey, preparation of plans, construction, and maintenance of roads under the provisions of said act of Congress, to submit such scheme or program of construction and maintenance as may be required by the federal works administrator and commissioner of public roads, and do all other things necessary fully to carry out the cooperation contemplated and provided for by the said act. For the construction or improvement of rural post-roads under the said act the good faith of the state is hereby pledged to make available funds sufficient to match in the proportion designated in the act the sums apportioned to the state by or under the United States government, and to maintain at its own expense the roads so constructed with the aid of funds so appropriated, and to make adequate provisions for carrying out such maintenance.

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

 

 

 

 

Acceptance of act of Congress

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 153, AB 451

[Assembly Bill No. 154–Mr. Martinez]

 

Chap. 153–An Act to amend the title of and to amend “An act authorizing state agencies, officers, or departments to purchase automobiles for the use of their several activities to an amount not to exceed fifteen hundred ($1,500) dollars during the duration of the war, and repealing acts or parts of acts in conflict herewith,” approved March 17, 1943.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

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

      An act authorizing state agencies, officers, or departments to purchase automobiles for the use of their several activities to an amount not to exceed two thousand ($2,000) dollars during the duration of the war, and repealing acts or parts of acts in conflict herewith.

 


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

ê1945 Statutes of Nevada, Page 242 (Chapter 153, AB 451)ê

 

Title of act amended

 

 

 

 

Purchase price of automobile not to exceed $2,000

 

 

 

Repeal

 

In effect

to purchase automobiles for the use of their several activities to an amount not to exceed two thousand ($2,000) dollars during the duration of the war, and repealing acts or parts of acts in conflict herewith.

      Sec.2.  Section 2 of the above-entitled act, being section 1 of chapter 118, Statutes of 1943, 165, is hereby amended to read as follows:

      Section 2.  Any agency, officer, or department of the State of Nevada which is authorized by law to purchase automobiles for the use of such department is hereby authorized to pay not to exceed two thousand ($2,000) dollars, which is to include the factory price plus the transportation, flooring charges, insurance, interest, and other extras which the regulations of the office of price administrator may approve in fixing and determining the selling price to the purchaser.

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

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

 

________

 

CHAPTER 154, AB 212

 

 

 

 

 

 

 

 

 

 

 

 

 

Creation of board of commissioners for care of insane

[Assembly Substitute for Assembly Bill No. 212–Committee on Ways and Means]

 

Chap. 154–An Act amending an act entitled “An act concerning the insane of the state, creating a board of commissioners for the care of indigent insane, and providing for the care of the insane,” approved March 25, 1913.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 3 of the above-entitled act, being section 3507 of the Nevada Compiled Laws of 1929, is hereby amended to read as follows:

      Section 3.  A board of commissioners, for the purpose of providing for the care and maintenance of the indigent insane of the state, is hereby created to consist of the governor and of four members to be appointed by him. Of the first members of said board to be appointed two shall be appointed for a term of two years and two shall be appointed for a term of four years, and, thereafter, all appointments shall be made for a term of four years. The governor shall have the right, at any time, to remove any or all of the members of said board whenever, in his opinion, such action may be justified. Two of the appointive members of said board at all times shall be physicians and surgeons licensed to practice in Nevada.


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

ê1945 Statutes of Nevada, Page 243 (Chapter 154, AB 212)ê

 

      Sec.2.  Section 6 of the above-entitled act, being section 3510 of the N. C. L. of 1929, is hereby amended so as to read as follows:

      Section 6.  The board of commissioners shall elect a physician, who shall be a graduate in medicine and an experienced psychiatrist, who shall be the superintendent of the hospital, and who shall serve at the pleasure of the board and under its direction. The superintendent shall live at the hospital in quarters to be furnished, shall devote his full time to his position, and not engage in private practice, and shall receive as annual compensation therefor the sum of five thousand ($5,000) dollars per year, and in addition thereto shall be entitled to living quarters and household provisions and supplies and such other facilities and accomodations as are available at the hospital. The superintendent so elected shall employ all necessary help in and about said hospital. He shall cause to be kept a fair and full account of all his doings, and of the entire business and operations of the hospital, and submit monthly reports to the board of commissioners. He shall perform neurological and psychiatric examinations at the state prison, state orphans’ home, and state industrial school when requested by the superintendents of these institutions. He shall have standard medical histories kept up to date on all patients, and shall administer the accepted and appropriate treatment to all patients under his care. The superintendent, with the approval of the board, shall employ an assistant superintendent, which shall be a full-time position, who shall be paid a straight salary not in excess of four thousand two hundred ($4,200) dollars per year. The assistant superintendent shall perform such duties as may be delegated to him by the superintendent and shall act as purchasing agent.

      Sec.3.  This act shall become effective from and after July 1, 1945.

 

 

Board to elect psychiatrist as superintendent; compensation

 

 

 

 

Superintendent to employ help; additional duties

 

 

 

 

Superintendent may appoint assistant; salary

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 244ê

CHAPTER 155, AB 83

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amendment of title

 

 

 

 

 

Salary of inspector of mines

 

 

 

 

 

 

 

 

May employ clerk

[Assembly Bill No. 38–Committee on Mines and Mining]

 

Chap. 155–An Act to amend the title of and to amend an act entitled “An act creating the office of inspector of mines; fixing his duties and powers; providing for the appointment of a deputy and fixing the compensation of both; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney-general and district attorneys in relation to suits instituted by the inspector of mines,” approved March 24, 1909.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  That the title of the above-entitled act be amended to read as follows:

      An Act creating the office of inspector of mines; fixing his duties, powers and compensation; providing for the appointment of deputy mining inspectors and fixing their compensation; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney-general and district attorneys in relation to suits instituted by the inspector of mines.

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

      Section 2.  The inspector of mines shall receive as full compensation for his services a salary of thirty-six hundred dollars ($3,600) per annum and his necessary traveling expenses when traveling in the discharge of his official duties, and all necessary expenses for clerk hire, postage, stationery, printing, and other office expenses; and such compensation and expenses shall be paid as the salary and expenses of other state officers are paid. He shall hold his office for the term of four (4) years, or until his successor is elected and qualified. Before entering upon the discharge of his duties, as such inspector of mines, he shall file an official bond in the sum of ten thousand ($10,000) dollars, conditioned for the faithful performance of the duties of his office, in form and manner as other official bonds of state officers. He shall employ one clerk who shall receive a salary not to exceed one hundred seventy-two dollars fifty cents ($172.50) per month, in full for all services, payable in semi-monthly installments in the same manner as the salary of other state officers are paid. Such clerk’s salary shall be fixed and determined by the inspector of mines in accordance with the salary schedule set forth under the provisions of chapter 73, 1943 Statutes of Nevada.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 245ê

CHAPTER 156, AB 522

[Assembly Bill No. 225–Committee on Building and Construction]

 

Chap. 156–An Act to amend an act entitled “An act creating a board to be known as the state planning board, defining its duties, powers, and jurisdiction, and making an appropriation for the expenses thereof, and other matters properly relating thereto,” approved March 22, 1937.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 5 of the above-entitled act, being section 6975.05, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 5.  It shall be the function and duty of the state planning board:

      (a) To make a comprehensive state plan for the economic and social development of the State of Nevada. To this end, it shall conduct research and studies relating to natural resources and to other factors in the progress of the state.

      (b) To furnish engineering and architectural service to all state departments, including boards or commissions charged with the construction of any state building, the money for which is appropriated by the state legislature; and all such departments, boards, or commissions are hereby required and authorized to use such service. The service shall consist of preliminary planning, designing, estimating of cost for the departments, boards, or commissions for submission to qualified architects for preparation of detailed plans and specifications. The board shall have final authority for approval as to architecture of all building, plans, designs, type of construction, and design of landscaping, and after the contract is let shall have inspection of construction for the department, board, or commission letting the contract.

      (c) To submit reports and to make recommendations relative to its findings to the governor and the legislature.

      (d) To cooperate with other departments and agencies of the state in their planning efforts and to advise and cooperate with municipal, county, and other local planning commissions within the state for the purpose of promoting coordination between the state and the local plans and developments.

      Sec.2.  Section 7 of the above-entitled act, being section 6975.07, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 7.  There is appropriated and made available, until expended, out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, ten thousand ($10,000) dollars for the biennium ending June 30, 1947, to enable the board to carry out the provisions of this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Function and duty of board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation


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

ê1945 Statutes of Nevada, Page 246 (Chapter 156, AB 522)ê

 

 

Repeal

 

In effect

1947, to enable the board to carry out the provisions of this act.

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

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

 

________

 

CHAPTER 157, AB 311

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of clerk in governor’s office

 

 

 

 

In effect

[Assembly Bill No. 113–Mr. Wines]

 

Chap. 157–An Act to amend an act entitled “An act authorizing the governor, secretary of state, and state treasurer to employ clerks and typists, and fixing their compensation,” approved March 6, 1907.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being section 7403 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  Notwithstanding the provisions of section 7562 Nevada Compiled Laws 1929, as amended, the governor of the State of Nevada is hereby authorized to employ a clerk whose compensation shall be fixed by the governor, in an amount not to exceed the sum of three thousand dollars ($3,000) per annum. The governor may employ such additional clerical assistance as he shall find necessary for the proper conduct of his office.

      Sec.2.  This act shall take effect July 1, 1945, and shall terminate on June 30, 1947.

 

________

 

CHAPTER 158, AB 411

 

[Assembly Bill No. 114–Mr. Wines]

 

Chap. 158–An Act to amend an act entitled “An act fixing the salary of the private secretary of the governor and making an appropriation therefor,” approved March 22, 1909, as amended by Statutes 1927, page 82.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being section 7401 Nevada Compiled Laws 1929, is hereby amended to read as follows:


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

ê1945 Statutes of Nevada, Page 247 (Chapter 158, AB 411)ê

 

      Section 1.  The salary of the private secretary to the governor shall be fixed by the governor in an amount not to exceed the sum of three thousand nine hundred dollars ($3,900) per annum, payable out of the general fund of the state; provided, that such compensation shall be in full for all services and the said private secretary shall not receive any additional compensation whatever for services rendered as the clerk or secretary of any board or commission.

      Sec.2.  This act shall take effect on July 1, 1945, and shall terminate on June 30, 1947.

Salary of governor’s private secretary

 

 

 

 

In effect

 

________

 

CHAPTER 159, AB 07

[Assembly Bill No. 70–Churchill County Delegation]

 

Chap. 159–An Act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict with this act.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  From and after the first day of April 1945 the county officers of Churchill County named in this act shall receive the following salaries and fees in full compensation for their services:

      Sec.2.  The sheriff and ex officio license collector shall receive the sum of three thousand ($3,000) dollars per annum, and his actual traveling expenses in criminal cases. He shall pay to the county treasurer on or before the fifth day of each and every month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners.

      Sec.3.  The county recorder and ex officio auditor shall receive the sum of twenty-seven hundred ($2,700) dollars per annum. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the fifth day of each and every month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff

 

 

 

 

 

 

Salary of recorder


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

ê1945 Statutes of Nevada, Page 248 (Chapter 159, AB 07)ê

 

Salary of assessor

 

Salary of clerk

 

 

Salary of commissioners

Salary of district attorney

 

Officers may have deputies

 

Salaries to be paid monthly

 

 

 

Certain acts repealed

 

 

 

 

 

 

 

 

 

 

 

In effect

      Sec.4.  The county assessor shall receive the sum of twenty-seven hundred ($2,700) dollars per annum.

      Sec.5.  The county clerk and ex officio clerk of the county commissioners and ex officio clerk of the county board of equalization and ex officio treasurer shall receive the sum of twenty-seven hundred ($2,700) dollars per annum.

      Sec.6.  The county commissioners shall receive the sum of one thousand and eighty ($1,080) dollars per annum each.

      Sec.7.  The district attorney shall receive a salary of twenty-seven hundred ($2,700) dollars per annum, and shall also be allowed his actual expenses when called from the county seat in the discharge of the official duties of district attorney.

      Sec.8.  The above-named officers shall be entitled to appoint such deputies and assistants as may be authorized by the board of county commissioners of said county for such time and at such salary as the said board may specify.

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

      Sec.10.  “An act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto,” approved March 5, 1937, being chap. 39, Statutes of Nevada 1937, page 75; and “An act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto,” approved March 26, 1941, being chap. 93, Statutes of Nevada 1941, page 132; and “An act to amend an act entitled ‘An act concerning certain officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto,’ ” approved March 5, 1937, as amended March 20, 1943, being chap. 121, Statutes of Nevada 1943, are hereby repealed, and all other acts or parts of acts insofar as the provisions thereof are inconsistent with the provisions of this act are hereby repealed.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 249ê

CHAPTER 160, AB 72

[Assembly Substitute for Assembly Bill No. 27–Committee on Ways and Means]

 

Chap. 160–An Act to amend an act entitled “An act to provide additional compensation for certain state appointive officers and for the employees of certain state elective and appointive officers,” approved March 22, 1943.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being chapter 135 of the Statutes of 1943, is hereby amended so as to read as follows:

      Section 1.  From and after the passage and approval of this act the deputy secretary of state, the corporation clerk, and the chief clerk in the office of the secretary of state, the chief clerk in the motor vehicle department, the deputy state treasurer, the deputy surveyor general, the deputy state controller, the insurance examiner in the state controller’s office, the chief clerk in the state controller’s office, the chief deputy attorney-general, the employees of the state printing office, the deputy mining inspectors, the deputy bank examiners, the chief clerk in the bank examiner’s department, the state librarian, the official reporter of the supreme court, and the chief clerk-stenographer in the office of the attorney-general shall, in addition to the salary fixed as of March 21, 1943, for said employees, receive additional compensation at the rate of fifteen (15%) percent of said salary, which said additional compensation at said rate shall be included in and paid by the salary warrants issued to said appointive officers and the employees of elective and appointive officers herein named.

      Sec.2.  There is hereby appropriated out of any unappropriated funds now in the treasury of the State of Nevada the sum of twenty-four thousand ($24,000) dollars for the purposes of paying the salary increases provided for in section 1 of this act for the biennium beginning July 1, 1945, and ending June 30, 1947.

      Sec.3.  Section 3 of the above-entitled act, being chapter 135 of the Statutes of 1943, is hereby amended so as to read as follows:

      Section 3.  This act shall expire June 30, 1947.

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional compensation for certain deputies and employees of the State of Nevada

 

 

 

 

 

 

 

 

Appropriation

 

 

 

 

 

Expiration date

 

________

 

 


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

ê1945 Statutes of Nevada, Page 250ê

CHAPTER 161, AB 28

 

 

 

 

 

 

 

 

 

 

 

Salary of senators and assemblymen

 

 

 

 

 

 

 

Repeal

[Assembly Bill No. 82–Mr. Jepson]

 

Chap. 161–An Act fixing and regulating the compensation, mileage, and expenses of the senators and members of the assembly of the legislature of the State of Nevada.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The state senators and members of the assembly of the legislature of the State of Nevada, hereafter elected or appointed, shall receive as compensation fifteen ($15) dollars per day for each day of service; provided, the total amount so paid shall not exceed the sum of nine hundred ($900) dollars at any session, and ten (10¢) cents per mile for each mile actually traveled in going to and returning from the place of meeting, which said mileage shall, however, be computed, in all cases, upon the shortest practical routes to the said place of meeting; provided further, that each member shall be allowed not to exceed sixty ($60) dollars for postage, express charges, newspapers, and stationery during the session.

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

 

________

 

CHAPTER 162, AB 381

 

 

 

 

 

 

 

 

 

Preamble

[Assembly Bill No. 183–Mr. McElroy]

 

Chap. 162–An Act to empower the insurance commissioner to more fully carry out the provisions of the Nevada insurance code, and to make examinations of illicit companies and agents unauthorized to transact insurance business in the state, and to make an appropriation therefor to carry out the provisions of this act.

 

[Approved March 22, 1945]

 

      Whereas, It has come to the knowledge of the insurance commissioner that a considerable amount of unauthorized insurance business is being solicited in the state, particularly in border counties, which said insurance companies pay no premium tax or license or fees to the state; and

      Whereas, The insurance commissioner is willing and anxious to run down such insurance companies and agents, and bring all the proof to the attorney-general of Nevada, who has declared his willingness to proceed against such companies if the insurance commissioner would furnish him with sufficient data and facts upon which to base action against such insurance companies and agents; and


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

ê1945 Statutes of Nevada, Page 251 (Chapter 162, AB 381)ê

 

      Whereas, The legislative session of 1943 did reduce the travel allowance for this biennium from eight hundred ($800) dollars to four hundred ($400) dollars; and

      Whereas, Such reduction in allowance is wholly inadequate to defray the expenses of running down such insurance companies and agents, resulting in a loss to the state of from twelve thousand five hundred ($12,500) dollars to sixteen thousand ($16,000) dollars per annum, or twenty-five thousand ($25,000) dollars to thirty-two thousand ($32,000) dollars for the biennium; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The insurance commissioner is hereby empowered and directed to do all things necessary to prohibit the selling of insurance by unauthorized agents or companies in the State of Nevada.

      Sec.2.  The insurance commissioner of the State of Nevada is hereby empowered to expend the sum of twelve hundred ($1,200) dollars for the biennium ending June 30, 1947, as a travel allowance.

      Sec.3.  The sum of twelve hundred ($1,200) dollars is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, for the purpose of carrying out the provisions of this act.

Preamble

 

 

 

 

 

 

 

 

 

 

Insurance commissioner empowered to act

 

Travel allowance

 

 

Appropriation

 

________

 

CHAPTER 163, AB 721

[Assembly Bill No. 127–Mrs. Montrose]

 

Chap. 163–An Act authorizing and directing the state board of control to sell and convey to Charles H. Johnson certain real property held in fee simple for the department of highways by the State of Nevada, and other matters properly relating thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Upon the payment to the State of Nevada by Charles H. Johnson of the sum of $50 in lawful money of the United States of America, the state board of control of the State of Nevada is hereby authorized and directed to make, execute, and deliver to Charles H. Johnson a good and sufficient deed to the following-described real property, situated in the town of Mina, Mineral County, Nevada, to wit:

      All of lot 8, in block 7, and all of lot 15, in block 8, in the town of Mina, as shown and delineated upon the map of the said town, filed in the office of the county recorder of Esmeralda County (now Mineral County) on the 18th day of September 1905, and recorded in book of surveys at page two.

 

 

 

 

 

 

 

 

 

 

 

 

Board of control to execute deed

 

 

 

Description of land


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

ê1945 Statutes of Nevada, Page 252 (Chapter 163, AB 721)ê

 

 

 

 

Payment placed in highway fund

In effect

said town, filed in the office of the county recorder of Esmeralda County (now Mineral County) on the 18th day of September 1905, and recorded in book of surveys at page two.

      Sec.2.  All moneys received by the state treasurer, pursuant to the provisions of this act shall be placed in the state highway fund.

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

 

________

 

CHAPTER 164, AB 67

 

 

 

 

 

 

 

 

 

 

 

 

State board of agriculture to have exclusive management of state agricultural society

 

 

 

 

Appropriation; proviso

[Assembly Bill No. 76–Churchill County Delegation]

 

Chap. 164–An Act to amend “An act to provide for the management and control of the state agricultural society by the state,” approved March 7, 1885, 77.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 5 of the above-entitled act, being section 319, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 5.  The state board of agriculture shall be charged with the exclusive management and control of the state agricultural society as a state institution; shall have possession and care of its property, and be intrusted with the direction of its entire business and financial affairs. They shall define the duties of the secretary and treasurer, fix their bonds and compensation, and shall have power to make all necessary changes in the constitution and rules of the society to adapt the same to the provisions of this act, and to the management of the society, its meetings and exhibitions. They shall provide for an annual fair or exhibition by the society of all the industries and industrial products of the state at the city of Fallon, Churchill County, State of Nevada. For the purposes of carrying out the provisions of this act there is hereby appropriated out of the general fund of the State of Nevada, from any funds not otherwise specifically appropriated, the sum of five thousand ($5,000) dollars for each of the fiscal years 1946 and 1947 to be expended by the Nevada state agricultural society for the purposes herein specified; provided, that in the event no state fair shall be held at Fallon during any year the fund so appropriated by the State of Nevada for that year shall revert to the general fund of the State of Nevada.

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


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

ê1945 Statutes of Nevada, Page 253 (Chapter 164, AB 67)ê

 

inconsistent 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.

Repeal

In effect

 

________

 

CHAPTER 165, AB 88

[Assembly Bill No. 88–Mr. Strosnider]

 

Chap. 165–An Act to amend the title and 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, as amended by 1943 Statutes of Nevada, page 55, by amending certain sections thereof and adding certain sections thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

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

      An act 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; provide for the appointment of parole officers, define their powers and duties, and make an appropriation therefor, and provide for other matters properly relating thereto.

      Sec.2.  Section 14 of the above-entitled act, being section 11582, 1929 Nevada Compiled Laws, 1941 Supp., is hereby amended to read as follows:

      Section 14.  The chief clerk of the Nevada state prison shall be secretary of such board and it shall be his duty to perform such duties as the board may require without additional compensation.

      The state board of pardons and parole commissioners shall appoint one or more parole officers and such other employees as are required to administer the duties prescribed in this act; but no employee shall be appointed except in the manner hereinafter provided. If more than one parole officer is appointed the board shall designate one of them chief parole officer.

      The board shall provide suitable quarters, supplies, and equipment, and it shall maintain its principal office in Carson City.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of act amended

 

 

 

 

 

 

 

Chief clerk to be secretary of board

 

Parole officers may be appointed


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

ê1945 Statutes of Nevada, Page 254 (Chapter 165, AB 88)ê

 

 

 

Salaries and expenses may be determined by the board; claims to be approved by chief clerk

 

 

 

 

 

 

 

Duties of parole officers

 

 

 

 

 

 

 

 

 

 

 

 

Information not to be disclosed

 

 

 

 

Provisions of act extended to present parolees

      Sec.3.  Section 15 of the above-entitled act, being section 11583, 1929 Nevada Compiled Laws, 1941 Supp., is hereby amended to read as follows:

      Section 15.  The parole officers and other employees of the board shall be paid such salaries as the board shall determine within the total appropriation therefor, and shall be reimbursed for their actual and necessary traveling and other expenses, in accordance with the provisions of sections 6942 and 6943 Nevada Compiled Laws 1929, as amended. All claims for salaries and expenses of the parole officers and other employees of the board shall be first approved by the chief clerk of the Nevada state prison acting as secretary of the board and shall be examined, approved, and allowed by the state board of examiners and shall be paid as other claims against the state are paid.

      Sec.4.  Section 16 of the above-entitled act, being section 11584, 1929 Nevada Compiled Laws, 1941 Supp., is hereby amended to read as follows:

      Section 16.  Parole officers shall investigate and receive for supervision all cases referred to them by the board. They may also, with the approval of the board, investigate and supervise such cases as may be referred to them by the courts. They shall furnish to each person released under their supervision a written statement of the conditions of parole and shall instruct him regarding the same. They shall keep informed concerning the conduct and condition of each person under their supervision and shall use all suitable methods to aid and encourage them and to bring about improvement in their conduct and condition; shall keep detailed records of their work; shall make such reports in writing as the board may require; shall advise the board of any case of violation of the conditions of the parole, and shall perform such other duties as the board may prescribe.

      Sec.5.  The above-entitled act is further amended by adding a new section thereto to be known as and designated section 17, which shall read as follows:

      Section 17.  All information obtained in the discharge of official duty by parole officers or other employees of the board shall be privileged and shall not be disclosed directly or indirectly to anyone other than to the board, unless and until otherwise ordered by the board.

      Sec.6.  The above-entitled act is further amended by adding a new section thereto to be known as and designated section 18, which shall read as follows:

      Section 18.  The provisions of this statute are hereby extended to all persons who at the effective date thereof may be on parole or eligible to be placed on parole under existing laws with the same force and effect as if this statute had been in operation at the time such persons were placed on parole or become eligible to be placed thereon, as the case may be.


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

ê1945 Statutes of Nevada, Page 255 (Chapter 165, AB 88)ê

 

or become eligible to be placed thereon, as the case may be.

      Sec.7.  The above-entitled act is further amended by adding a new section thereto to be known as and designated section 19, which shall read as follows:

      Section 19.  The sum of $12,500 is hereby appropriated for the purposes of this statute for the period beginning immediately upon the passage and approval of this act and ending on June 30, 1947.

      Sec.8.  The above-entitled act is further amended by adding a new section thereto to be known as and designated section 20, which shall read as follows:

      Section 20.  Those acts entitled “An act to regulate and make effectual the power of the governor, justices of the supreme court, and attorney-general to remit fines and forfeitures, commute punishments, and grant pardons after convictions,” approved February 8, 1867, as amended, Statutes 1875, 79; an act entitled “An act to establish a board of parole commissioners for the parole and government of paroled prisoners,” approved March 25, 1929, and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec.9.  This act shall be effective immediately upon its passage and approval.

 

 

 

Appropriation

 

 

 

 

Certain acts repealed

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 166, AB 97

[Assembly Bill No. 79–Mr. Ryan]

 

Chap. 166–An Act to amend “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,” as amended, approved March 29, 1937; and to further amend said act by the addition of a new section to be known as section 1a.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being section 2825.41, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

 


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

ê1945 Statutes of Nevada, Page 256 (Chapter 166, AB 97)ê

 

Eight-hour day for female employees

 

 

 

 

 

 

 

Minimum wage four dollars per day, six days per week

 

 

 

 

 

 

 

Employees hired at less wage may invoke court action

 

 

 

 

 

 

Certain acts unlawful; proviso

      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. 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 (8) in any one day, and six (6) 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 (8) hours in any one twenty-four (24) hour period and not more than forty-eight (48) hours in any one calendar week, and not more than six (6) 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 at the rate of fifty (50¢) cents for one hour or four ($4) dollars for one day of eight (8) hours, or twenty-four ($24) dollars for one week of six (6) days of eight (8) hours each shall be paid such female workers in this state.

      Sec.2.  The above-entitled act shall be further amended by the addition of a new section to be known as section 1a.

      Section 1a.  In event that any employer shall pay any female employee a lesser amount than the minimum wage as set forth in section 1 of this act, said female employee may, at any time within two (2) years, bring a civil action for the recovery of the difference between the amount paid said female employee and the minimum wage set forth in section 1 of this act, and no contract between the said employer and said female employee or any acceptance of a lesser wage by said employee shall be a bar to the action.

      Sec.3.  Section 3 of the above-entitled act, being section 2825.43, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 3.  It shall be unlawful for any person, firm, association, or corporation or any agent, servant, employee, or officer of any such firm, association, or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with any female at or for a lesser wage than fifty cents (50¢) per hour or four ($4) dollars for one day of eight hours or twenty-four ($24) dollars for one week of six days of eight hours each; provided, all females employed to work, labor, or serve a lesser number of hours than eight in any one day or a lesser number of days than six in any one week, if the wages are computed upon a weekly basis, shall be paid therefor her wages computed upon the full daily or weekly rate then and there paid for such work, labor, or service, and in no event shall such computation be so made as to cause any reduction of such daily or weekly rate or any reduction of the minimum daily or weekly wage fixed in this act as applied to such lesser number of hours or days so employed; provided, that during a probationary period of not to exceed three consecutive months the employer, and his or her employee or employees, may stipulate that the provisions of this section which provide a wage of fifty cents (50¢) per hour or four ($4) dollars or more for one day of eight hours or less, or twenty-four ($24) dollars or more for one week of forty-eight hours or less, shall not apply, but in all such cases where such a stipulation has been entered into, the employer shall pay to such female employees not less than three ($3) dollars for one day of not more than eight hours, or eighteen ($18) dollars for one week of six days of not more than eight hours each, and all other provisions of this act shall in all other respects govern hours and wages of female employees during said stipulated probationary period; and provided further, that at the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work, or by another employer where such employment is of a similar nature as the services performed during said probationary period; provided, that if any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in that certificate of the former employer is in issue, the presumption shall be that the work assigned to said female by said second employer is of a similar nature to that certified to by the former employer of said female of which said employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon said employer to show the contrary; provided further, that the fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named herein, shall not relieve said employer at the close of the period of service of said employee of three months of service from the obligation to deliver to said female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to said employee, as well as to future prospective employers.


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

ê1945 Statutes of Nevada, Page 257 (Chapter 166, AB 97)ê

 

week, if the wages are computed upon a weekly basis, shall be paid therefor her wages computed upon the full daily or weekly rate then and there paid for such work, labor, or service, and in no event shall such computation be so made as to cause any reduction of such daily or weekly rate or any reduction of the minimum daily or weekly wage fixed in this act as applied to such lesser number of hours or days so employed; provided, that during a probationary period of not to exceed three consecutive months the employer, and his or her employee or employees, may stipulate that the provisions of this section which provide a wage of fifty cents (50¢) per hour or four ($4) dollars or more for one day of eight hours or less, or twenty-four ($24) dollars or more for one week of forty-eight hours or less, shall not apply, but in all such cases where such a stipulation has been entered into, the employer shall pay to such female employees not less than three ($3) dollars for one day of not more than eight hours, or eighteen ($18) dollars for one week of six days of not more than eight hours each, and all other provisions of this act shall in all other respects govern hours and wages of female employees during said stipulated probationary period; and provided further, that at the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work, or by another employer where such employment is of a similar nature as the services performed during said probationary period; provided, that if any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in that certificate of the former employer is in issue, the presumption shall be that the work assigned to said female by said second employer is of a similar nature to that certified to by the former employer of said female of which said employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon said employer to show the contrary; provided further, that the fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named herein, shall not relieve said employer at the close of the period of service of said employee of three months of service from the obligation to deliver to said female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to said employee, as well as to future prospective employers.

 

 

 

 

 

Probationary period

 

 

 

 

 

 

 

 

 

Statement of employer concerning probationary service; provisos


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

ê1945 Statutes of Nevada, Page 258 (Chapter 166, AB 97)ê

 

 

 

 

Repeal

 

In effect

as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to said employee, as well as to future prospective employers.

      Sec.4.  All acts or parts of acts insofar as they are inconsistent with the provisions of this act are hereby repealed.

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

 

________

 

CHAPTER 167, AB 09

 

 

 

 

 

 

 

 

 

 

 

 

Board of regents to fix tuition charge; provisos

 

 

 

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 90–Mr. Smith]

 

Chap. 167–An Act to amend “An act relating to the state university and matters properly connected therewith,” approved February 7, 1887.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 10 of the above-entitled act, being section 7735 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 10.  The board of regents of the University of Nevada shall have the power to fix a tuition charge for students at that university; provided, however, that tuition shall be free (a) to all students whose families are bona fide residents of the State of Nevada, and (b) to all students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least six months prior to their matriculation at the university; provided further, that in addition to the foregoing the board of regents shall in its discretion have the power to grant not to exceed forty (40) tuitions free each university semester to worthwhile and deserving students from other states.

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

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

 

________

 

CHAPTER 168, AB 431

 

[Assembly Bill No. 134–Mr. Folsom]

 

Chap. 168–An Act providing for the appropriation for the compensation of certain persons for services rendered to the forty-second session of the Nevada legislature.

 

[Approved March 22, 1945]

 

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

 


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

ê1945 Statutes of Nevada, Page 259 (Chapter 168, AB 431)ê

 

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

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

 

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

Assembly, do enact as follows:

 

      Section1.  For the purpose of paying the clergy for religious services rendered to the legislature during the present session, there is hereby set apart from any money now in the general fund not otherwise especially appropriated the sum of six hundred ($600) dollars, which shall constitute an additional legislative fund.

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

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

Preamble

 

 

 

 

 

 

 

Appropriation for clergy

 

 

Duties of controller and treasurer

 

 

 

 

In effect

 

________

 

CHAPTER 169, AB 03

[Assembly Substitute for Assembly Bill No. 30–Committee on Trade and Manufactures]

 

Chap. 169–An Act concerning and fixing standard weights, measures, and weighing and measuring devices, and providing for the inspection thereof, regulating the sale of commodities or articles of merchandise according to standards, designating the commissioner of food and drugs as ex officio sealer of weights and measures, defining his powers in connection with the proper enforcement of this act, detailing certain unlawful practices, providing fines, penalties, and damages for the violation thereof and rules of evidence relating thereto; and repealing all acts and parts of acts in conflict herewith, and particularly that certain act approved March 8, 1911, under chapter 43, Statutes of 1911, as amended, being sections 8275 to 8306, both inclusive, of the N. C. L. 1929.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The weights and measures received from the United States under joint resolutions of Congress approved June 14, 1836, and July 27, 1866, and/or such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto, and in renewal thereof, and/or such weights and measures in conformity therewith as shall be supplied by the state shall, when the same shall have been certified by the national bureau of standards, be the state standards of weights and measures.

 


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National standards of weights and measures adopted by state

 

 

State and working standards to be compared once a year

 

 

 

 

 

 

Standards to be sealed

 

 

 

 

 

 

Standards to be kept in safe place in office of sealer

 

 

 

 

Standard units of various weights and measures defined

June 14, 1836, and July 27, 1866, and/or such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto, and in renewal thereof, and/or such weights and measures in conformity therewith as shall be supplied by the state shall, when the same shall have been certified by the national bureau of standards, be the state standards of weights and measures.

      Sec.2.  In addition to the state standards of weights and measures, provided for above, there shall be supplied by the state at least one complete set of copies of these, to be kept at all times in the office of the state sealer, and to be known as office standards; and such other weights, measures, and apparatus as may be found necessary to carry out the provisions of this act, to be known as working standards. Such weights, measures, and apparatus shall be verified by the state sealer, or his deputy or inspectors, at his direction, upon their initial receipt, and at least once in each year thereafter, the office standards by direct comparison with the state standards, the working standards by comparison with the office standards. When found accurate upon these tests, the office and working standards shall be sealed by stamping on them the letters “NEV.” and, in the case of working standards, the last two figures of the year, with seals which the state sealer shall have and keep for that purpose. The office or working standards shall be used in making all comparisons of weights, measures, and weighing or measuring devices submitted for test in the office of the state sealer, and the state standards shall be used only in verifying the office standards for scientific purposes.

      Sec.3.  The state sealer of weights and measures shall take charge of the standards adopted by this act as the standards of the state, and cause them to be kept in a safe and suitable place in the office of the state sealer, from which they shall not be removed except for repairs or for certification, and he shall take all other necessary precautions for their safe-keeping. He shall maintain the state standards in good order and shall submit them at least once in ten years to the national bureau of standards for certification.

      Sec.4.  Standard units of weights and measures in this state shall be:

      a. The standard avoirdupois and troy weights are the units of weight from which all other weights are derived and ascertained.

      b. The avoirdupois pound, which bears to the troy pound the ratio of seven thousand (7,000) to five thousand seven hundred and sixty (5,760), is divided into sixteen (16) equal parts, called avoirdupois ounces; the hundred weight consists of one hundred (100) avoirdupois pounds, and twenty-hundred weight constitutes a ton.


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of one hundred (100) avoirdupois pounds, and twenty-hundred weight constitutes a ton. The avoirdupois ounce is divided into sixteen (16) equal parts called avoirdupois drams.

      c. The troy ounce is equal to the twelfth part of the troy pound. The troy pennyweight is equal to the twentieth part of the troy ounce, and the troy grain is equal to the twenty-fourth part of the troy pennyweight.

      d. The apothecary’s pound is equal to the troy pound. The apothecary’s ounce is equal to the twelfth part of the apothecary’s pound. The apothecary’s dram is equal to the one-eighth part of the apothecary’s ounce. The scruple is equal to the one-third part of the apothecary’s dram, and the grain is equal to one-twentieth of the scruple.

      e. In all sales of coal, hay, and other commodities, usually sold by the ton or fractional parts thereof, the seller shall give to the purchaser full weight, at the rate of two thousand (2,000) pounds to the ton.

      f. The standard gallon and its parts are the units of capacity for liquids, from which all other measures of liquids are derived and ascertained. The liquid quart is equal to the one-fourth part of the standard gallon. The pint is equal to the one-eighth part of the gallon. The gill is equal to the one-fourth part of the pint. The fluid ounce is equal to the one-sixteenth part of the pint. The fluid dram is equal to the eighth part of the fluid ounce, and the minim is equal to the sixtieth part of the fluid dram.

      g. The barrel is equal to thirty-one and one-half (31 1/2) gallons. Two barrels constitute a hogshead.

      h. The standard half-bushel is the unit of capacity of substances other than liquids, from which all other measures of such substances are derived and ascertained. The peck, half-peck, quarter-peck, quart, and pint measures for measuring commodities other than liquid are derived from the half-bushel by successively dividing that measure by two.

      i. Whenever wheat, rye, shelled Indian corn, barley, buckwheat, flaxseed, or oats are sold by the bushel, and no special agreement as to the weight or measurement is made by the parties, the bushel consists of sixty (60) pounds of wheat, of fifty-six (56) pounds of rye, of fifty-six (56) pounds of shelled Indian corn, of forty-eight (48) pounds of barley, of forty-eight (48) pounds of buckwheat, of fifty-six (56) pounds of flaxseed, and thirty-two (32) pounds of oats.

      j. The standard yard is the unit or standard measure of length and surface from which all other measures of extension, whether lineal, superficial, or solid are derived and ascertained.

      k. The yard is divided into three equal parts, called feet, and each foot into twelve equal parts, called inches. For measures of cloths and other commodities commonly sold by the yard it may be divided into halves, quarters, eighths, and sixteenths.

Standard units of various weights and measures defined


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Standard units of various weights and measures defined

 

 

 

 

 

 

Designation of weights and liquid measure

 

 

Net weights of containers

 

 

 

 

 

 

 

 

 

 

Standard weight of bread loaf

measures of cloths and other commodities commonly sold by the yard it may be divided into halves, quarters, eighths, and sixteenths.

      1.  The rod, pole, or perch contains five and one-half (5 1/2) yards, and the mile one thousand seven hundred and sixty (1,760) yards. The chain for measuring land is twenty-two (22) yards long, and divided into one hundred (100) equal parts, called links.

      m. The acre for land measure shall be measured horizontally, and contains ten (10) square chains, and is equivalent in area to a rectangle sixteen (16) rods in length and ten (10) in breadth. Six hundred forty (640) acres constitute a square mile.

      Sec.5.  Designation by weight shall be in terms of avoirdupois pounds and ounces and designation by liquid measure shall be in terms of the standard gallon, quarts, pints, or fluid ounces. In lieu thereof, these designations may be in terms of the metric system of weight or measure.

      Sec.6.  It shall be unlawful for any person to pack for sale, sell, offer, or expose for sale in this state any of the following commodities except in containers of net avoirdupois weights of two (2), five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of one hundred (100) pounds: Wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy, and hominy grits; provided, however, that the provisions of this act shall not apply to (a) the retailing of flours, meals, hominy, and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders or for export in containers of more than one hundred (100) pounds, or (c) flours, meals, hominy, and hominy grits packed in cartons, the net contents of which are less than five (5) pounds, or (d) the exchange of wheat for flour by mills grinding for toll.

      Sec.7.  The standard loaf of bread shall weigh one pound, avoirdupois weight. All bread manufactured, sold, or offered for sale, in the form of loaves, shall be one of the following standard weights and no other, namely, one pound, one-half pound, one and one-half pounds, or multiples of one pound, avoirdupois weight; provided, however, that reasonable variations in excess and deficiency, as determined by the state sealer, be allowed; and provided further, that the provisions of this section shall not apply to biscuits, buns, crackers, rolls, or to what is commonly known as “stale bread.”

      Sec.8.  It shall be unlawful for any person to sell, or offer to sell, any butter or renovated or processed butter or oleomargarine in any other manner than by weight. It shall be unlawful for any person to put up, pack, or keep for the purpose of sale, offer, or expose for sale, or sell any butter or renovated or process butter, or oleomargarine, in the form of prints, bricks, or rolls in any other than the following sizes, to wit, one-quarter pound, one-half pound, one pound, and one and one-half pounds or multiples of one pound.


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unlawful for any person to put up, pack, or keep for the purpose of sale, offer, or expose for sale, or sell any butter or renovated or process butter, or oleomargarine, in the form of prints, bricks, or rolls in any other than the following sizes, to wit, one-quarter pound, one-half pound, one pound, and one and one-half pounds or multiples of one pound. Each print, brick, or roll shall bear a definite, plain, and conspicuous statement of its true net weight, on the principal label, where there be such a label, otherwise on the outside wrapper thereof; such statement shall be in gothic type not less than one-quarter inch square.

      Sec.9.  It shall be unlawful to sell, or offer to sell, except for immediate consumption on the premises, any meat, meat products, or dressed poultry in any other manner than by weight.

      Sec.10.  Bottles used for the sale of milk or cream shall be of the capacity of one-half gallon, one quart, one pint, one-half pint, and one gill. Bottles used for the sale of milk or cream shall have clearly blown or otherwise permanently marked in the side of the bottle the capacity of the bottle, and in the side or bottom of the bottle the name, initials, or trade mark of the manufacturer, provided, however, that certain bottle sizes not specified above, may, with the written approval of the state sealer, be used by restaurants for service of milk with meals.

      Sec.11.  It shall be unlawful to sell or offer to sell any berries or small fruits in any other manner than by weight, or in containers of the following capacities, when level full: One quart, one pint, or one-half pint, standard dry measure.

      Sec. 12.  A standard cord of firewood sold or offered for sale in this state shall be and contain one hundred and twenty-eight (128) cubic feet, well stowed and packed; provided, that nothing in this section shall prevent the selling or offering for sale of wood in loosely packed loads of one hundred and twenty-eight (128) cubic feet where the average length of the separate pieces is less than eighteen (18) inches. Such loads shall be known as loose cord loads or standard loads.

      Sec.13.  The sale of any commodity in a container complying with any act of Congress or the opinions and regulations issued by the secretary of agriculture and appertaining to net weight or measure does not violate the provisions of this act.

      Sec.14.  It shall be unlawful for any person to put up any commodity or article of merchandise into a package or container, and sell or offer for sale in this state such commodity or article of merchandise in that form without having such package or container labeled in plain, intelligible English words and figures with a correct statement of the net weight, measure, or numerical count of its contents; provided, that nothing in this section shall prevent the putting up of commodities or articles of merchandise, which have been previously sold by net weight, measure, or numerical count, into packages or containers for the purpose of delivering or transporting such commodities or articles of merchandise; provided nothing in this section shall apply to packages or containers in which soap in any form is sold or offered for sale.

Butter must be sold by weight

 

 

 

 

 

 

Meat to be sold by weight

 

 

Capacity of milk bottles

 

 

 

 

 

 

Fruit to be sold by weight

 

 

Standard cord of firewood defined

 

 

 

 

Commodities in containers under federal regulations not violations

Packages or containers to bear certain printing


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Containers to be free of deception

 

False or short weight or measure unlawful

 

 

 

 

 

 

 

 

 

Penalties and treble damages

 

 

 

 

 

 

 

 

Unavoidable leakage, shrinkage, etc., not a violation

weight, measure, or numerical count of its contents; provided, that nothing in this section shall prevent the putting up of commodities or articles of merchandise, which have been previously sold by net weight, measure, or numerical count, into packages or containers for the purpose of delivering or transporting such commodities or articles of merchandise; provided nothing in this section shall apply to packages or containers in which soap in any form is sold or offered for sale.

      Sec.15.  No container wherein commodities are packed shall have a false bottom, false side walls, false lid or covering, or be otherwise so constructed, wholly or partially, as to facilitate the perpetration of deception or fraud.

      Sec.16.  It shall be unlawful for any person, in buying or selling any commodity or article of merchandise, to make or give false or short weight or measure, or to sell or offer for sale any commodity or article of merchandise less in weight or measure than he represents, or to use a weight, measure, balance, or measuring device that is false and does not conform to the authorized standard for determining the quantity of any commodity or article of merchandise, or to have a weight, measure, balance, or measuring device adjusted for the purpose of giving false or short weight or measure, or to use in buying or selling of any commodity or article of merchandise a computing scale or device indicating the weight and price of such commodity or article of merchandise upon which scale or device the graduations or indications are falsely or inaccurately placed, either as to weight or price.

      Sec.17.  Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before the justice of the peace having jurisdiction of the offense, shall be fined in a sum not to exceed two hundred ($200) dollars, or by imprisonment in the county jail for not more than sixty (60) days, or by both such fine and imprisonment. He shall also be liable in damages to the party injured by his violation in treble the amount of the property wrongfully taken or not given, and twenty ($20) dollars in addition thereto, to be recovered in a court of competent jurisdiction. The selling and delivery of any commodity or article of merchandise shall be prima-facie evidence of the representation on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee.

      Sec.17a.  There shall be no violation under the act, for any discrepancy between actual weight or volume at the time of sale to the consumer, and the weight marked on the container, or between the fill of the container and the capacity of the container, if such discrepancy is due to unavoidable leakage, shrinkage, evaporation, waste, or to causes beyond the control of the seller acting in good faith.


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shrinkage, evaporation, waste, or to causes beyond the control of the seller acting in good faith.

      Sec.18.  It shall be the duty of the district attorney to prosecute all violations of the provisions of this act occurring within his county.

      Sec.19.  The commissioner of food and drugs appointed by the president and board of regents of the University of Nevada is hereby designated and constituted ex officio sealer of weights and measures, and shall be charged with the proper enforcement of the provisions of this act, and he may appoint, subject to the approval of the board of regents, such deputy or deputies as he may deem necessary therefor.

      Sec.20.  The state sealer shall have the power, and it shall be his duty to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing or measuring devices, kept, offered, or exposed for sale, sold, or used or employed in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered for sale, hire, or award, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination; and he shall have the power to, and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in a manner in accordance with law. He shall at least once each year, and as much oftener as he may deem necessary, see that all weights, measures, and weighing or measuring devices used are correct. He may for the purpose above mentioned, and in the general performance of his official duties, enter and go into or upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whatsoever, and require him, if necessary, to proceed to the nearest authorized place which the state sealer may specify for the purpose of making the proper tests.

      Sec.21.  Whenever the state sealer compares weights, measures, or weighing or measuring devices, and finds that they correspond, or causes them to correspond with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring devices with appropriate devices.

      Sec.22.  The state sealer shall condemn and seize, and may destroy incorrect weights, measures, or weighing or measuring devices which, in his best judgment, are not susceptible of satisfactory repair; but such as are incorrect, and yet, in his best judgment, may be repaired, he shall mark or tag as “condemned for repairs.”

 

 

District attorney to prosecute

Commissioner of food and drugs to be sealer of weights and measures

 

 

Powers and duties of state sealer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Weights and measures that correspond to be sealed and marked


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Disposition of faulty weights and measures

 

 

 

 

 

 

 

Duties of sealer imposed upon deputies

 

 

One who hinders or obstructs guilty of misdemeanor

 

 

 

Sealer to render biennial report

 

 

Sealer may make rules and regulations

 

 

Terms “package” and “container” shall include

 

 

 

“Person” how construed

measuring devices which, in his best judgment, are not susceptible of satisfactory repair; but such as are incorrect, and yet, in his best judgment, may be repaired, he shall mark or tag as “condemned for repairs.” The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made shall have the same repaired and corrected within such reasonable period as may be specified by the sealer, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the sealer. Any weights, measures, or weighing or measuring devices which have been “condemned for repairs,” and have not been repaired as required above, shall be confiscated by the sealer.

      Sec.23.  The powers and duties given to and imposed upon the state sealer of weights and measures by sections twenty (20), twenty-one (21), and twenty-two (22), are hereby given to and imposed upon his deputy, and inspectors also, when acting under his instructions, and at his direction.

      Sec.24.  Any person who shall hinder or obstruct in any way the sealer of weights and measures, his deputy, or inspectors in the performance of his official duties shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be punished by a fine of not less than twenty ($20) nor more than two hundred ($200) dollars or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment.

      Sec.25.  The sealer shall keep a record of all weights, measures, balances, or other devices calibrated or tested as provided for in this act, and such record or any parts thereof shall be included in the biennial report which the sealer is hereby authorized and directed to make to the president of the University of Nevada.

      Sec.26.  The sealer is authorized to promulgate rules and regulations for the efficient enforcement of this act, and to make such rules and regulations comply insofar as practicable with specifications, tolerances, and regulations recommended by the national bureau of standards.

      Sec.27.  The terms “package” and “container” as used in this act shall include any carton, box, barrel, bag, keg, drum, bundle, jar, crock, demijohn, bottle, crate, basket, hamper, pail, can, parcel, package, or paper wrapper; provided, that a box or carton used for shipping purposes, containing a number of packages which are individually marked as hereinbefore provided, will not be required to bear the weight or measure of the contents thereof.

      Sec.28.  The term “person” as used in this act shall be construed to impart both singular and plural as the case demands, and shall include corporation, company, society, and association.


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and association. When construing and enforcing the provisions of this act, omission or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association within the scope of his employment or office, shall in every case be also deemed omission or failure of such corporation, company, society, or association as well as that of the person.

      Sec.29.  All acts or parts of acts in conflict herewith, including that certain act entitled “An act concerning and fixing weights and measures, and to regulate the sale of commodities or articles of merchandise according to such standards, and to provide fines, penalties, and damages for the violation thereof, and for rules of evidence relating thereto; and to provide for the inspection of weights, measures, and weighing and measuring devices, and for the enforcement thereof, and making an appropriation for the carrying out of this act,” approved March 8, 1911, and being sections 8275 to 8306, both inclusive, of the Nevada Compiled Laws 1929, are hereby repealed.

      Sec.30.  This act shall take effect immediately upon its passage and approval.

 

 

 

 

 

Repeal

 

 

 

 

 

 

 

In effect

 

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CHAPTER 170, AB 35

[Assembly Substitute for Assembly Bill No. 53–Committee on Judiciary]

 

Chap. 170–An Act to further amend an act entitled “An act to provide for the creation, organization, and maintenance of the Nevada state police, prescribing the powers and duties of the officers and members thereof in maintaining peace, order, and quiet in the State of Nevada, fixing their compensation, providing certain penalties, and other matters relating thereto, making an appropriation therefor, and repealing all acts or parts of acts in conflict therewith,” approved January 29, 1908, as the same has been heretofore amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 2 of the above-entitled act (being Nevada Compiled Laws 1929, section 7435), as amended by chapter 157, Statutes of Nevada 1943, is further amended so as to read as follows:

      Section 2.  The Nevada state police shall consist of the superintendent of police, to be appointed by the governor, one inspector, five sergeants, five subordinate police officers and two hundred fifty reserves.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complement of state police


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Section repealed

 

In effect

      Sec.2.  Section 6 of chapter 157, Statutes of Nevada 1943, at page 223, is hereby repealed.

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

 

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CHAPTER 171, AB 012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Vehicles to display lights, when

 

 

 

 

 

 

Head lamps

 

 

 

 

Tail lamps

[Assembly Bill No. 210–Committee on Roads and Highways]

 

Chap. 171–An Act to amend an act entitled “An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith,” approved March 21, 1925, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 6 of the above-entitled act, being section 4355 N. C. L. 1929, is hereby amended to read as follows:

      Section 6.  Every vehicle upon a highway of this state at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated. The lights of all motor vehicles herein mentioned shall be in conformity with interstate commerce commission rulings.

      (b) Every motor vehicle, other than a motorcycle, shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this article. Every motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of this article.

      (c) Every motor vehicle, trailer, semitrailer, and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear; provided, that in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.


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      (d) In addition to other equipment required in this act the following vehicles shall be equipped as herein stated:

      (1) On every bus or truck, whatever its size, there shall be the following:

      On each side, one reflector, at or near the rear.

      On the rear, two reflectors, one at each side, and one stoplight.

      (2) On every bus or truck eighty (80) inches or more in over-all width and less than thirty (30) feet in over-all length, in addition to the requirements in subparagraph (1):

      On the front, two clearance lamps, one at each side.

      On the rear, two clearance lamps, one at each side.

      (3) On every bus or truck thirty (30) feet or more in over-all length, regardless of its width, in addition to the requirements in subparagraph (1):

      Clearance lamps required in (2) above.

      On each side, two side marker lamps, one at or near the front and one at or near the rear.

      On each side, one reflector at or near the front.

      (4) On every truck-tractor, the cab of which is as wide as or wider than any vehicle being drawn:

      On the front, two clearance lamps, one at each side.

      On each side, one side marker lamp at or near the front.

      (5) On every trailer or semitrailer having a gross weight in excess of three thousand (3,000) pounds, if wider than the truck or the cab of the truck-tractor drawing it, the following:

      On the front, two clearance lamps, one at each side.

      On each side, two side marker lamps, one at or near the front and one at or near the rear.

      On each side, two reflectors, one at or near the front and one at or near the rear.

      On the rear, two clearance lamps, one at each side, also two reflectors, one at each side, and one stop-light.

      (6) On every semitrailer in excess of three thousand (3,000) pounds gross weight, which is attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections:

      On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side and rear.

      On the rear of such semitrailer or load, two reflectors mounted one at each side of the bolster or load.

      (7) On every other trailer or semitrailer having a gross weight in excess of three thousand (3,000) pounds if of the same width or less than the truck or the cab of the truck-tractor drawing it, the following:

 

Additional equipment


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ê1945 Statutes of Nevada, Page 270 (Chapter 171, AB 012)ê

 

Additional equipment

 

 

 

 

 

 

 

 

 

 

 

Words “school bus” to appear front and rear of vehicles

 

 

 

Bus to have mechanical appliance

 

Duty of driver when approaching school bus

 

 

 

 

 

Color of lamps and reflectors

 

 

 

 

Mounting of reflectors

same width or less than the truck or the cab of the truck-tractor drawing it, the following:

      On each side, one side marker lamp near the rear.

      On each side, two reflectors, one at or near the front and one at or near the rear.

      On the rear, two clearance lamps, one at each side.

      On the rear, two reflectors, one at each side and one stop-light.

      (8) On every trailer or semitrailer weighing three thousand (3,000) pounds gross or less:

      On the rear, two reflectors, one on each side.

      If any trailer or semitrailer is so loaded or is of such dimensions as to obscure the stoplight on the towing vehicle, then such vehicle shall also be equipped with one stoplight.

      Every school bus, when operated for the transportation of school pupils, shall bear upon the front and rear thereof a plainly visible sign containing the words “school bus” in letters not less than four inches in height, except that on any school bus purchased or repainted after the effective date of this amendment, said words shall not be less than eight inches in height. Upon every such sign the letters shall be of proportionate width. No vehicle, other than a school bus, shall display such a sign.

      Every such school bus shall be equipped with a mechanical appliance, either automatic, or hand-operated, on the driver’s side, to be extended outward when stopping, as a warning to drivers of other vehicles, that such bus is about to stop.

      The driver of any vehicle upon a highway outside of a business or residence district upon meeting or overtaking from either direction any school bus equipped with signs as herein required which has stopped on the highway for the purpose of receiving or discharging any school children shall bring such vehicle to a stop immediately before passing said school bus, but may then proceed past such school bus at a speed not greater than is reasonable or proper but in no event greater than ten miles per hour and with due caution for the safety of pedestrians.

      (e) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color. Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stoplight or other signal device, which may be red, amber, or yellow.

      (f) Reflectors required in subdivision (e) shall be mounted at a height not less than twenty-four (24) inches and not higher than sixty (60) inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four (24) inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit.


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

ê1945 Statutes of Nevada, Page 271 (Chapter 171, AB 012)ê

 

vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four (24) inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit. Any required red reflector on the rear of such vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this act.

      Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both.

      (g) Stoplights shall be actuated upon application of the service (foot) brake and shall be capable of being seen and distinguished from a distance of one hundred (100) feet to the rear of the vehicle in normal daylight, but shall not project a glaring or dazzling light. A stoplight may be incorporated with a tail lamp.

      (h) Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which by reason of its location on a vehicle of the combination would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.

      (i) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in subdivision (a) hereof, such vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of five hundred (500) feet to the front of such vehicle and a red light visible from a distance of five hundred (500) feet to the rear, except that local authorities may provide by ordinance or resolution that no lights need be displayed upon any such vehicle when stopped or parked in accordance with local parking regulations upon a highway where there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such highway. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

      (j) All vehicles, including animal-drawn vehicles not hereinbefore specifically required to be equipped with lamps, shall at the times specified in subdivision (a) hereof be equipped with at least one lighted lamp or lantern exhibiting a white light visible from the front of such vehicle and with a lamp or lantern exhibiting a red light visible from the rear.

 

 

 

 

 

Mounting of lamps

 

 

 

Stoplights

 

 

 

Operation in combination

 

 

 

 

 

Parked or stopped vehicles to exhibit light

 

 

 

 

 

 

 

 

 

Vehicles not otherwise mentioned


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

ê1945 Statutes of Nevada, Page 272 (Chapter 171, AB 012)ê

 

Spot lamp

 

 

 

 

Auxiliary driving lamps

 

 

 

 

 

 

 

 

Candlepower

 

 

 

 

 

 

 

Light distribution

 

 

 

 

 

 

 

Dimming

      (k) Any motor vehicle may be equipped with not to exceed one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred (100) feet ahead of the vehicle.

      Any motor vehicle may be equipped with not to exceed three auxiliary driving lamps mounted on the front at a height not less than twelve (12) inches nor more than forty-two (42) inches above the legal surface upon which the vehicle stands, and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in this article.

      (l) Except as hereinafter provided, the head lamps, or the auxiliary driving lamps, or combinations thereof, on motor vehicles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, subject to the following requirements and limitations:

      (1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading. The maximum intensity of this uppermost distribution of light or composite beam one (1) degree of arc or more above the horizontal level of the lamps when the vehicle is not loaded shall not exceed eight thousand (8,000) apparent candlepower, and at no other point of the distribution of light or composite beam shall there be an intensity of more than seventy-five thousand (75,000) apparent candlepower.

      (2) There shall be a lowermost distribution of light, or composite beam, so aimed that when the vehicle is not loaded, none of the high-intensity portion of the light which is directed to the left of the prolongation of the extreme left side of the vehicle shall, at a distance of twenty-five (25) feet ahead, project higher than a level of eight (8) inches below the level of the center of the lamp from which it comes; in no event shall any of the high intensity of such lowermost distribution of light or composite beam project higher than a level of forty-two (42) inches above the level on which the vehicle stands at a distance of seventy-five (75) feet ahead.

      (m) Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver, and in no case shall the high intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty-two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead.


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

ê1945 Statutes of Nevada, Page 273 (Chapter 171, AB 012)ê

 

the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty-two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead.

      The lowermost distribution of light specified in subdivision (n), subparagraph (2) shall be deemed to avoid glare at all times regardless of road contour and loading.

      Sec.2.  This act shall take effect September 1, 1945.

 

 

 

 

 

In effect

 

________

 

CHAPTER 172, AB 461

[Assembly Bill No. 164–Mr. Fairchild]

 

Chap. 172–An Act for the relief of A. Levy and J. Zentner Co., a California corporation, qualified to do business in Nevada.

 

[Approved March 22, 1945]

 

      Whereas, The above-named corporation in Reno, Nevada, affixed the Nevada excise tax stamps to each bottle of a quantity of alcoholic beverages pursuant to section 16 of the Nevada liquor stamp law; and

      Whereas, Due to unusual conditions prevailing in the industry this same quantity of alcoholic beverages was exported from the State of Nevada, with said stamps affixed and payment thereof having been made to the State of Nevada, in the amount of three thousand four hundred four dollars and seventy cents ($3,404.70); and

      Whereas, Approval to export this quantity of alcoholic beverage was granted by the liquor tax department of the Nevada tax commission and affidavits, invoices, and records showing the shipments by the consignor and consignee are on file with this department; and

      Whereas, Section 23 of the Nevada liquor stamp law specifically provides that no stamp tax shall be required on alcoholic beverages exported from the State of Nevada; and

      Whereas, The said A. Levy and J. Zentner Co. have filed claim with the State of Nevada for the sum of three thousand four hundred four dollars and seventy cents ($3,404.70), in the manner provided by law, and said claim has not been allowed by the state board of examiners on the grounds that there is no law of the State under which said claim could be paid, but that otherwise the claim was just; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  There is hereby appropriated out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, the sum of three thousand four hundred four dollars and seventy cents ($3,404.70) for the purpose of paying the said claim of A.

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation and disposition of same


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

ê1945 Statutes of Nevada, Page 274 (Chapter 172, AB 461)ê

 

 

 

 

 

 

 

 

In effect

paying the said claim of A. Levy and J. Zentner Co., a California corporation, that amount paid by said company for Nevada excise stamps used on liquor later exported from the State of Nevada, as set forth in the foregoing preamble, and the state controller is hereby directed to draw his warrant and the state treasurer is hereby directed to pay out of the general fund in the state treasury, to A. Levy and J. Zentner Co., a California corporation, the sum of three thousand four hundred four dollars and seventy cents ($3,404.70).

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

 

________

 

CHAPTER 173, AB 671

 

 

 

 

 

 

 

 

 

 

 

Offices of sheriff and assessor consolidated

 

 

 

Sheriff to appoint deputies

 

 

 

 

Fees and commissions to be placed in general fund of county

[Assembly Bill No. 176–Mr. Folsom]

 

Chap. 173–An Act concerning certain county offices and to consolidate certain county offices in the county of Ormsby, State of Nevada, fixing salaries and other compensation, and other matters properly relating thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  On and after the first Monday in January 1947, the sheriff of Ormsby County, Nevada, shall be ex officio the county assessor in and for said county, and ex officio constable of Carson township, Ormsby County, Nevada, and as such sheriff, ex officio assessor, and ex officio constable shall receive the sum of two thousand seven hundred dollars per annum, payable monthly. After said first Monday in January 1947, said sheriff and ex officio assessor is hereby authorized and directed to appoint one chief deputy sheriff, who shall also be ex officio deputy county assessor, and who shall receive such compensation as may be fixed by the county commissioners, but not less than eighteen hundred dollars per annum, payable monthly, in full for his services. The said sums shall be paid out of the funds of Ormsby County and shall be in full compensation for all official services rendered. All fees and commissions due and payable, charged or received by him as such sheriff, ex officio county assessor, or ex officio constable shall be by him paid into the general fund of Ormsby County. He shall appoint such other deputy sheriffs as he may from time to time deem necessary; provided, that the board of county commissioners shall fix the compensation of such deputies, which shall be paid out of the funds of Ormsby County.


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

ê1945 Statutes of Nevada, Page 275 (Chapter 173, AB 671)ê

 

      Sec.2.  On and after the first Monday in January 1947, the office of county assessor and ex officio constable shall only exist and be filled, and shall receive only such compensation as is provided in section 1 of this act.

      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.

Certain offices exist only

 

Repeal

 

In effect

 

________

 

CHAPTER 174, AB 781

[Assembly Bill No. 187–Committee on Roads and Highways]

 

Chap. 174–An Act to amend section 8 of an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, together with acts amendatory thereof or supplementary thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 8 of the above-entitled act, being section 5327 N. C. L. 1929, as amended, Statutes of 1941, page 285, is hereby amended to read as follows:

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Designation of state highways

 

 

 

 

 

 

 

 

 

Route 1

 

 

 

 

Route 1a


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

ê1945 Statutes of Nevada, Page 276 (Chapter 174, AB 781)ê

 

Route 1b

 

 

Route 1c

 

 

Route 2

 

 

 

Route 2a

 

Route 2b

 

 

 

Route 2c

 

 

 

 

Route 3

 

 

 

 

 

 

 

 

 

 

Route 3a

 

 

Route 3b

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

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

      Route 2.  Beginning at a point on the Utah-Nevada state line near Ibapah, Utah, thence in a southwesterly direction to the city of Ely; thence westerly through the towns of Eureka, Austin, Fallon, and Hazen to a connection with route 1 at a point near Fernley.

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

      Route 2b.  Beginning at a point on route 2a approximately five miles northeast of Dayton, thence in an easterly direction to the Towle ranch near Fort Churchill; thence southerly through the town of Wabuska to a connection with route 3 in the city of Yerington.

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

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

      Route 3a.  Beginning at a point on route 15, hereinafter described, approximately seven miles west of Coaldale, thence in a southerly direction through Fish Lake valley to a connection with the California state highway system.

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


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ê1945 Statutes of Nevada, Page 277 (Chapter 174, AB 781)ê

 

thence southerly via the east side of Washoe lake, connecting again with route 3 at a point approximately three miles north of Carson City.

      Route 3c.  Beginning at a point on route 3 approximately seven miles south of Yerington, thence southeasterly and southerly along or near the East Walker river to Wichman; thence southerly to the Nevada-California state line en route to Bodie, California.

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

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

      Route 5a.  Beginning at a point on route 5 at the intersection of Bonanza road and Main street in the city of Las Vegas, thence southeasterly along or near Bonanza road to a connection with route 6b, hereinafter described, at Fifth street.

      Route 5b.  Beginning at a point on route 5a in the city of Las Vegas at or near its junction with Second street extended, thence southwesterly along or near Second street to a connection with route 5 at Fremont avenue.

      Route 5c.  Beginning at a point on route 5 near the junction of Bonanza road and Tonopah drive in the city of Las Vegas, thence southerly to Charleston boulevard; thence easterly along Charleston boulevard to a connection with route 5, again, near the east city limits of Las Vegas.

      Route 6.  Beginning at the Arizona-Nevada state line near Mesquite, thence southwesterly through Las Vegas and Jean to a connection with the California state highway system.

      Route 6a.  Beginning at a point on route 6 at or near the junction of First and Fifth streets in the city of Las Vegas, thence northerly to and along Main street to a connection with route 6, again, at Fremont avenue.

      Route 6b.  Beginning at a point on route 6 at the intersection of Fifth street and Fremont avenue in the city of Las Vegas, thence northerly along or near Fifth street to a connection with route 6, again, near the north city limits of Las Vegas.

      Route 6c.  Beginning at a point on route 6 approximately three miles south of the south city limits of Las Vegas, thence northeasterly to an intersection with route 5 near the east city limits of Las Vegas; thence northerly to a connection with route 6, again, approximately one and one-half miles northeast of the north city limits of Las Vegas.

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

 

 

Route 3c

 

 

 

Route 4

 

Route 5

 

 

Route 5a

 

 

Route 5b

 

 

Route 5c

 

 

 

Route 6

 

 

Route 6a

 

 

Route 6b

 

 

Route 6c

 

 

 

Route 7


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ê1945 Statutes of Nevada, Page 278 (Chapter 174, AB 781)ê

 

 

 

 

Route 8

 

 

Route 8a

 

 

 

 

 

 

 

 

Route 8b

 

 

Route 9

 

Route 10

 

 

Route 11

 

 

 

 

Route 11a

 

 

 

Route 12

Ely, thence southerly through Pioche to Caliente; thence through Crystal Springs to Alamo in Lincoln County, thence to Moapa in Clark County to a connection with route 6 at or near Glendale.

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

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

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

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

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

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

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

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


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ê1945 Statutes of Nevada, Page 279 (Chapter 174, AB 781)ê

 

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

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

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

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

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

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

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

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

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

Route 13

 

 

 

Route 14

 

 

Route 15

 

Route 16

 

 

 

Route 17

 

 

Route 18

 

 

Route 19

 

 

 

 

 

Route 20

 

 

 

 

Route 21


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

ê1945 Statutes of Nevada, Page 280 (Chapter 174, AB 781)ê

 

Route 22

 

 

Route 23

 

 

Route 24

 

 

Route 25

 

 

 

Route 26

 

 

Route 27

 

 

Route 28

 

 

Route 29

 

 

Route 30

 

Route 31

 

 

Route 32

 

 

Route 33

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

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

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

      Route 25.  Beginning at a point east of Tonopah on route 4, thence easterly to a connection in Lincoln County with route 7 at Crystal springs; beginning again at a point on route 7 near Panaca, thence through the town of Panaca to a connection with the Utah state highway system.

      Route 26.  Beginning at a point on route 5, approximately eighteen miles southeast of Las Vegas, thence by the shortest and most feasible route through Boulder City to a connection with the Arizona state highway system at the Boulder dam.

      Route 27.  Beginning at a point on route 3 near Steamboat Springs, thence in a westerly direction by the shortest and most feasible route to a connection with route 28, hereinafter described, near Incline.

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

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

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

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

      Route 32.  Beginning at the intersection of Eighth street and route 1 in the city of Sparks, thence north on Eighth street to a connection with route 33, hereinafter described, near Wedekind.

      Route 33.  Beginning at the junction of Alameda avenue and route 1 in the city of Reno, thence in a northeasterly direction by the shortest and most feasible route to Pyramid lake at or near Sutcliffe.


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

ê1945 Statutes of Nevada, Page 281 (Chapter 174, AB 781)ê

 

      Route 33a.  Beginning at a point on route 1 at the junction of West Fourth street and Sierra street in the city of Reno, thence northerly and southerly on Sierra street to a connection on the north with route 9 near the north Reno city limits and to a connection on the south with route 3 near the south Reno city limits.

      Route 33b.  Beginning at a point on route 3 at the junction of South Virginia street and Second street in the city of Reno, thence westerly along West Second street to a connection with route 1 near the west Reno city limits.

      Route 34.  Beginning on route 1 at Wadsworth, thence in a northerly direction through Nixon and passing between Pyramid and Winnemucca lakes to Gerlach; thence by the shortest and most feasible route to an intersection with route 8a near Vya; thence northerly to the Nevada-Oregon state line.

      Route 34a.  Beginning at a point on route 34 approximately twenty miles northerly from Vya, thence easterly through Sheldon national antelope refuge to a connection with route 8a near the Washoe-Humboldt County line.

      Route 35.  Beginning at a junction on route 2 fourteen miles north of Magnuson’s ranch, thence in a westerly direction by the shortest and most feasible route to Cherry Creek.

      Route 36.  Beginning at a point on route 3 approximately three miles south of Carson City, thence in a southeasterly direction to the Stewart Indian institute.

      Route 37.  Beginning on route 3 approximately one-half mile northwest of Minden, thence in a southerly direction by the shortest and most feasible route to a connection with the California state highway system near Woodfords, California.

      Route 38.  Beginning at a point on route 4 approximately twenty-three miles southwest of Ely, thence in a southerly direction through Preston and Lund, via Sunnyside and Hiko to a connection with route 25 near Crystal springs.

      Route 39.  Beginning at a point on route 5 approximately fifteen miles northwest of Las Vegas, thence in a westerly direction by the shortest and most feasible route to Mount Charleston park.

      Route 40.  Beginning on route 6 at or near Crystal, thence in an easterly direction through the Valley of Fire to a connection with route 12 near Lake Mead.

      Route 41.  Beginning on route 40 at or near the Valley of Fire, thence in a southwesterly direction via Bitter Springs valley and Las Vegas wash to a connection with route 5 between Las Vegas and Boulder City.

      Route 42.  Beginning at a point on route 2 approximately one-half mile east of Fallon, thence easterly and northeasterly by the shortest and most feasible route to Stillwater.

Route 33a

 

 

 

Route 33b

 

 

Route 34

 

 

 

Route 34a

 

 

Route 35

 

 

Route 36

 

Route 37

 

 

Route 38

 

 

Route 39

 

 

Route 40

 

Route 41

 

 

Route 42


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

ê1945 Statutes of Nevada, Page 282 (Chapter 174, AB 781)ê

 

Route 43

 

 

Route 44

 

Route 45

 

 

Route 46

 

 

Route 47

 

Route 48

 

 

Route 49

 

 

Route 50

 

 

 

Route 51

 

Route 52

 

 

Route 53

 

Route 54

 

Route 55

 

Route 56

      Route 43.  Beginning at a point on route 11a near Mountain City, thence in a southerly direction via Owyhee canyon and Johnson ranch by the shortest and most feasible route to a connection with route 11 at or near Weiland, Nevada.

      Route 44.  Beginning at a point on route 2 at Keystone, thence in a westerly direction to Ruth, with a spur connection to Kimberly.

      Route 45.  Beginning at a point on route 17 approximately two miles north of Virginia City, thence in a northerly direction to a connection with route 1 approximately six miles east of Sparks.

      Route 46.  Beginning at a point on route 1 in the city of Elko, thence in a southerly direction through or near Jiggs, Huntington valley, Railroad canyon, and Diamond valley to a connection with route 2 at or near Eureka.

      Route 47.  Beginning at a point on route 3 near Blair Junction, thence southerly to Silver Peak; thence southwesterly to Nivloc.

      Route 48.  Beginning at a point on route 1 at or near Lovelock, thence in a northwesterly direction along a route near Seven Troughs to a connection with route 34 at or near Gerlach.

      Route 49.  Beginning at or near Winnemucca on route 1, thence in a westerly direction through or near Jungo and Sulphur by the shortest and most feasible route to a connection with route 48 near Gerlach.

      Route 50.  Beginning at a point on route 1 between Imlay and Mill City, thence in a southerly direction through or near Unionville; thence southerly through Spring valley and Spring valley canyon; thence through Limerick canyon to an intersection with the Rochester road; thence westerly to a connection with route 1 near Oreana.

      Route 51.  Beginning at a point on route 17 near Silver City, thence in an easterly direction to a connection with route 2a in Dayton.

      Route 52.  Beginning at a point near Owens on route 5, thence via Lee’s canyon, Clark canyon, and Pahrump ranch to a connection with the California state highway system.

      Route 53.  Beginning on route 6 near Jean, thence in a westerly direction through Goodsprings and Sandy to a connection with the California state highway system.

      Route 54.  Beginning on route 7 one mile north of Panaca, thence in a northwesterly direction to Cathedral gorge.

      Route 55.  Beginning on route 7 approximately one mile west of Caliente, thence south and east to Kershaw canyon Ryan state park.

      Route 56.  Beginning in Gardnerville on route 3, thence southwesterly to a connection with route 37 at Centerville.


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

ê1945 Statutes of Nevada, Page 283 (Chapter 174, AB 781)ê

 

      Route 57.  Beginning at Genoa, thence easterly to a connection with route 3 approximately five miles north of Minden.

      Route 58.  Beginning at a point on route 5 in Beatty, thence southwesterly via Daylight pass to a connection with the California state highway system near Death Valley national monument.

      Route 59.  Beginning at a point on route 1 in the city of Lovelock, thence southerly a distance of approximately seven miles.

      Route 60.  Beginning at a point on route 5 approximately ten miles south of Railroad pass in Clark County, thence southeasterly to Nelson; thence easterly by way of Eldorado canyon to the Colorado river; beginning again at Nelson, thence southwesterly to a connection with route 5, again, approximately six miles north of Searchlight

      Route 61.  Beginning at a point on route 1a approximately one mile south of Fallon, thence westerly along Scheckler lane one mile; thence southerly one mile; thence westerly two and one-half miles; beginning again at a point two miles east of the west extremity of the last-described course, thence southerly approximately one-half mile.

      Route 62.  Beginning at a point on route 2 approximately one mile south of Fallon, thence easterly one mile; thence southeasterly approximately two miles.

      Route 63.  Beginning at a point on route 3 approximately two miles south of Reno, thence easterly approximately one and one-half miles to United airport.

      Route 64.  Beginning at a point on route 3 approximately three miles south of Reno, thence southeasterly a distance of approximately two miles along what is known as Peckham lane.

      Route 65.  Beginning at a point on route 3 in Carson City, thence easterly by way of the Nevada state prison a distance of approximately three miles; beginning again at a point approximately one-half mile east of the Nevada state prison, thence southerly and easterly through Eagle valley to the Carson river.

      Route 66.  Beginning at a point on route 1 in the city of Lovelock, thence northerly a distance of approximately two and one-half miles.

      Route 67.  Beginning at the intersection of route 1 and Alameda avenue in the city of Reno, thence southerly along Alameda avenue and Wells avenue in the said city of Reno to a connection with route 3 at or near the south Reno city limits.

      Route 68.  Beginning at a point on route 5 at Searchlight, thence westerly by the shortest and most feasible route to a connection with the California state highway system near Nipton.

Route 57

 

Route 58

 

 

Route 59

 

Route 60

 

 

 

 

Route 61

 

 

 

 

Route 62

 

Route 63

 

Route 64

 

 

Route 65

 

 

 

Route 66

 

Route 67

 

 

Route 68


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

ê1945 Statutes of Nevada, Page 284 (Chapter 174, AB 781)ê

 

 

Route 69

 

Route 70

 

Route 71

 

 

 

Route 72

 

 

Route 73

 

Route 74

 

Route 75

 

 

Route 76

 

Route 77

 

Route 78

 

Route 79

 

 

Route 80

 

 

Route 81

 

connection with the California state highway system near Nipton.

      Route 69.  Beginning at a point on route 8a approximately thirty-seven miles north of its junction with route 4, thence easterly to Manhattan.

      Route 70.  Beginning at a point on route 8a approximately forty-nine miles north of its junction with route 4, thence easterly and southeasterly to Round Mountain.

      Route 71.  Beginning at a point on route 3, approximately seven and one-half miles southwest of its junction with route 5, thence southwesterly to Gold point; thence southerly and southwesterly via Oriental wash to the Nevada-California state line en route to Sand Springs, California.

      Route 72.  Beginning at a point on route 5 approximately nineteen miles southeast of its junction with route 3, thence southwesterly via Grapevine canyon to the Nevada-California line en route to “Scotty’s Castle.”

      Route 73.  Beginning at a point on state route 14 north of Baker, thence southeasterly through Baker to the Nevada-Utah state line en route to Milford, Utah.

      Route 74.  Beginning at a point on route 73 near Baker, thence westerly to Lehman caves in Lehman caves national monument.

      Route 75.  Beginning at a point on route 25 approximately nine miles east of Panaca, thence southerly to Crestline; thence easterly to the Nevada-Utah state line en route to Enterprise, Utah.

      Route 76.  Beginning at a point on route 5 near the Nevada-California state line, thence southeasterly to Fort Mohave.

      Route 77.  Beginning at a point on route 5 near the Nevada-California state line, thence in an easterly direction to Bullshead damsite.

      Route 78.  Beginning at a point on route 6 at or near New Comstock, thence northeasterly to a connection with route 7 at or near Moapa.

      Route 79.  Beginning at a point on route 17 in Virginia City, thence easterly via Six-mile canyon to a connection with route 2a approximately five miles northeast of Dayton.

      Route 80.  Beginning at a point on route 17 in Virginia City, thence southerly through Gold Hill and Silver City to a connection with route 17, again approximately one-half mile southeast of Silver City.

      Route 81.  Beginning on route 34 at Gerlach, thence northwesterly through Squaw valley and Duck flat to Nevada-California boundary at southerly end of Surprise valley, approximately fifty-six miles.

      Route 82.  Beginning at a point on route 8a at a point approximately twelve miles north of its junction with route 4, thence northeasterly via Belmont to Potts ranch; thence via Antelope valley to a connection with route 2 approximately twenty miles west of Eureka.


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

ê1945 Statutes of Nevada, Page 285 (Chapter 174, AB 781)ê

 

approximately twelve miles north of its junction with route 4, thence northeasterly via Belmont to Potts ranch; thence via Antelope valley to a connection with route 2 approximately twenty miles west of Eureka.

      The state highway department may supplement the state highway system by establishing new routes into or in the vicinity of municipalities and metropolitan areas with the approval of the board of county commissioners of the county in which such change may be proposed and with the approval of the city council of any incorporated city directly affected thereby, or may change the location of existing routes when studies consummated under section 9 of the defense highway act of 1941 show such additions or changes to be necessary.

      Sec.2.  Nothing in this act shall be construed to direct or designate the order in which repairs, construction, or reconstruction shall be performed upon the routes herein designated.

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

Route 82

 

 

Highway department may supplement system

 

 

 

 

 

Order of repairs, etc., not construed

 

In effect

 

________

 

CHAPTER 175, AB 912

[Assembly Bill No. 219–Douglas County Delegation]

 

Chap. 175–An Act to amend an act entitled “An act fixing the salaries and compensation of certain officers of Douglas County, State of Nevada, and matters properly relating thereto, and repealing all acts in conflict therewith,” approved March 27, 1935, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being chapter 95 of the 1935 Statutes of Nevada, as amended by chapter 137 of the 1937 Statutes of Nevada, and chapters 86 and 102 of the 1943 Statutes of Nevada, is hereby amended so as to read as follows:

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

      The sheriff, for services as sheriff, shall receive the sum of two thousand forty ($2,040) dollars per annum, payable in twelve monthly installments, which shall be in full for all services rendered. The sheriff shall pay into the county treasurer each month all moneys collected by him as fees in civil and criminal cases, and all other fees and commissions collected by him, with a statement, certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that said salary includes all traveling and other expenses in the county, and said sum being in full compensation for all services now imposed or to be imposed by law on said sheriff, and all fees and commissions collected or due him for services rendered as such officer shall be paid into the county treasury for the county.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff and assessor


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

ê1945 Statutes of Nevada, Page 286 (Chapter 175, AB 912)ê

 

Salary of sheriff and assessor

 

 

 

 

 

 

 

Appointment of deputies; salaries

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of clerk and treasurer

collected by him, with a statement, certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that said salary includes all traveling and other expenses in the county, and said sum being in full compensation for all services now imposed or to be imposed by law on said sheriff, and all fees and commissions collected or due him for services rendered as such officer shall be paid into the county treasury for the county. The sheriff, as ex officio county assessor, shall receive the sum of one thousand two hundred thirty-three ($1,233) dollars, being full and complete compensation for all services rendered, and for all traveling expenses as such officer; provided, that the sheriff may appoint one deputy sheriff to be known as the deputy sheriff for Gardnerville at a salary to be fixed by the board of county commissioners, but not to exceed the sum of $50 per month during the period of employment; a deputy sheriff for Minden at a salary to be fixed by the board of county commissioners not to exceed the sum of fifty ($50) dollars per month; provided, that if it becomes necessary for a deputy to assist in the office work of such sheriff’s office, then the deputy sheriff for Gardnerville shall be so employed at a salary to be fixed by the board of county commissioners not to exceed seventy-five ($75) dollars per month; and a deputy sheriff for the Lake Tahoe district for a period of not to exceed five months in each calendar year, the period of employment to be fixed by the board of county commissioners, beginning in 1935, at a salary to be fixed by the board of county commissioners, but not to exceed one hundred ($100) dollars per month during the period of employment. The salary of said deputies shall be payable monthly as other county salaries are paid. Said deputies shall not be entitled to any mileage fees or expenses while traveling in the county.

      The county clerk for services as county clerk shall receive the sum of fourteen hundred ($1,400) dollars per annum, and for services as ex officio county treasurer the sum of one thousand ($1,000) dollars per annum, payable in twelve equal monthly installments, which shall be full and complete compensation for all services rendered as such county clerk and ex officio county treasurer. The said clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees and commissions, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the board of county commissioners. Said sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.


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

ê1945 Statutes of Nevada, Page 287 (Chapter 175, AB 912)ê

 

for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.

      The county recorder for services as county recorder shall receive the sum of eight hundred twenty ($820) dollars per annum, and for services as ex officio auditor the sum of eight hundred twenty ($820) dollars per annum, payable in twelve equal monthly installments, in full and complete compensation for all services rendered as such county recorder and ex officio auditor. The said recorder and ex officio auditor shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases, and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk. Said sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.

      The district attorney for services as district attorney shall receive the sum of one thousand six hundred forty ($1,640) per annum, payable in twelve equal monthly installments, in full and complete compensation for all services as district attorney, and all fees and commissions due and collected by him shall be paid into the county treasury; provided further, that said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in said county, and also attend to and be the legal advisor for said county. Said salary to be in full compensation for all services and traveling expenses within said county while on official business.

      The county commissioners of Douglas County shall receive the sum of four hundred eighty ($480) dollars per annum each, payable quarterly on the last day of March, June, September, and December, and mileage at the rate of fifteen cents (15¢) per mile in going to the county seat when attending a session of the board.

      The above salaries shall be in full compensation for all services and ex officio services to be performed by the above-named officers, both civil and criminal, and said officers shall collect all money and moneys due as fees, commissions, or otherwise and pay the same into the county treasury, and said officers shall receive no further or other compensation for such services; provided, however, that from the effective date of this act, to and including the first day of April 1947, each of the elective county officers, including the board of county commissioners, hereinabove named, shall receive in addition to the basic salaries herein fixed, an additional amount equal to ten percent (10%) of said basic salaries.

 

 

 

Salary of recorder and auditor

 

 

Fees paid into county treasury

 

 

 

 

 

 

Salary of district attorney

 

 

 

 

 

 

Salary of commissioners

 

 

Salaries to be full compensation; proviso


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

ê1945 Statutes of Nevada, Page 288 (Chapter 175, AB 912)ê

 

 

 

 

Repeal

In effect

county commissioners, hereinabove named, shall receive in addition to the basic salaries herein fixed, an additional amount equal to ten percent (10%) of said basic salaries.

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

      Sec.3.  This act shall become effective on the first day of April 1945.

 

________

 

CHAPTER 176, AB 801

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for state welfare department

 

 

 

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 108–Mr. Fairchild]

 

Chap. 176–An Act to appropriate money for the support of the state welfare department as created by chapter 127, Statutes of Nevada 1937; providing for the expenditure of said appropriation, and other matters properly relating thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  For carrying out the duties and obligations of the state welfare department, as created by chapter 127, 1937 Statutes of Nevada, in the performance of public welfare services of the state as provided for in said chapter 127, 1937 Statutes of Nevada, and to pay the compensation of the necessary personnel of said state welfare department as provided for in the “State Welfare Act,” and their necessary traveling expenses, and their subsistence, and the other necessary expenses of said department, as provided by law, for the biennium ending June 30, 1947, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of forty-one thousand ($41,000) dollars. All moneys appropriated under this act shall be placed in the “State Welfare Fund” of the state treasury, and disbursements for the purposes of this act shall be made upon claims duly filed, audited, and allowed in the same manner as other moneys in the state treasury are disbursed.

      Sec.2.  This act shall be in full force and effect from and after June 30, 1945.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 289ê

CHAPTER 177, AB 611

[Assembly Bill No. 116–Mr. Munk]

 

Chap. 177–An Act to amend “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  A new section is hereby added to the above-entitled act to be known as section 100 1/2, reading as follows:

      Section 100 1/2.  The city council shall have the power to require by ordinance the owners of real property to remove therefrom insecure or unsafe buildings, walls, chimneys, stacks, or other structures, also all filth, garbage, offal, ashes, shavings, weeds, grass, leaves, manure, papers, boards, partially burned structures, debris resulting from fires, and all nauseous, inflammable, and unhealthful matter, to fill unenclosed or dangerous excavations, and to drain all cesspools and standing water, within such time as may be provided in such ordinance. In the event of the failure of any property owner to comply with the provisions of such ordinance, the city may perform or cause to be performed the work required by said ordinance, at the expense of such owner, and the city shall have a lien therefor upon the property chargeable therewith until paid, and, if the city council shall so direct, the assessor shall levy the cost of such work as fixed by the city council as a tax against such property and the same shall be included in the next assessment roll thereafter made and be enforced and collected in the same manner and at the same time as other taxes. The city council may, however, foreclose such lien by appropriate legal proceedings, or may collect the cost of such work from the owner of the property or other person or persons liable therefor through a civil action, or may pursue any other remedy authorized by law or the ordinances of said city.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Power of city councils

 

 

 

 

 

Failure to comply may create lien

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 290ê

CHAPTER 178, AB 821

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

Appropriation

 

 

 

Duties of controller and treasurer

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 128–Mr. Ogden and Washoe County Delegation]

 

Chap. 178–An Act providing an appropriation for the support and maintenance of the Nevada state historical society for the years 1945 and 1946.

 

[Approved March 22, 1945]

 

      Whereas, The Nevada state historical society has been charged by the legislative act of 1907, which created it a state institution, trustee of the State for all of its collections, and by the later statutes with very definite responsibilities in regard to the historical records and museum pieces which it now has or in the future may acquire, it should be provided with the means to discharge the duties laid upon it by law; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  There is hereby appropriated for the support and maintenance of the Nevada state historical society of the State of Nevada, situated in Reno, Washoe County, Nevada, the sum of seventeen thousand eight hundred and sixty ($17,860) dollars for the biennium ending June 30, 1947.

      Sec.2.  The state controller is hereby authorized and directed to draw his warrants upon vouchers and certifications for the support and maintenance of said Nevada state historical society from the president and secretary of said Nevada state historical society, as may be presented in the sum not to exceed seventeen thousand eight hundred and sixty ($17,860) dollars for the biennium ending June 30, 1947, and the treasurer of the State of Nevada is hereby directed to pay the same.

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

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 291ê

CHAPTER 179, AB 111

[Assembly Bill No. 111–Committee on Agriculture]

 

Chap. 179–An Act providing for the investigation and control of injurious insect pests in the State of Nevada, and making an appropriation therefor.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The state quarantine officer is hereby authorized to investigate the prevalence of Mormon crickets, grasshoppers, alfalfa weevils, and other insect pests which may be injurious to the agricultural industry in the State of Nevada, and institute and carry out such measures for their control as may be required to protect the said agricultural industry against loss. For the more efficient and economical carrying out of the provisions of this act, the state quarantine officer is hereby authorized to cooperate, financially or otherwise, with any individual, firm, or corporation, or with any political subdivision of the State of Nevada, or with any department of the Nevada or any other state government, or any agency of the federal government.

      Sec.2.  For the purpose of carrying out the provisions of this act there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of fifteen thousand ($15,000) dollars for the biennium ending June 30, 1947. The net proceeds of any sales or refunds accruing to the State of Nevada under the provisions of this act shall be forwarded by the state quarantine officer to the state treasurer in the manner provided by law; provided, that any funds so received by the state treasurer shall be available for expenditure in the same manner as the appropriation provided for in this section and in addition thereto. All claims against this appropriation shall be audited by the state quarantine officer and, if approved by him, shall be further audited and paid in the manner provided by law.

      Sec.3.  All acts and parts of acts, insofar as they may be inconsistent 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.

 

 

 

 

 

 

 

 

 

 

Quarantine officer to investigate prevalance of insect pests

 

 

 

 

 

 

Appropriation

 

 

Proceeds of sales or refunds; disposition

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 292ê

CHAPTER 180, AB 23

 

 

 

 

 

 

 

 

 

 

 

 

 

Unlawful to kill birds or animals; proviso

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 32–Mr. McElroy]

 

Chap. 180–An Act to amend “An act concerning aeronautics and matters pertaining thereto, and to make uniform the law with reference thereto,” approved March 5, 1923.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 10 of the above-entitled act, being section 284 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 10.  Any aeronaut or passenger who, while in flight within this state, shall intentionally kill or attempt to kill any birds or animals shall be guilty of a misdemeanor and punishable by a fine of not more than $500, or by imprisonment for not more than six months in the county jail, or both; provided, that wolves, coyotes, Canadian lynx, bobcats, or mountain lions may be hunted and killed from airplanes under permit of the state board of stock commissioners which is authorized to cooperate with the United States fish and wildlife service and to promulgate reasonable rules and regulations, not inconsistent with the provisions of this section, for its administration.

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

 

________

 

CHAPTER 181, AB 312

 

[Assembly Bill No. 213–Committee on Roads and Highways]

 

Chap. 181–An Act to amend sections 1 and 2 of an act entitled “An act to authorize the state department of highways to construct, equip, and maintain a system of secondary or feeder roads within the state under and in pursuance of the act of Congress of the United States entitled ‘An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes,’ approved July 11, 1916, as amended and supplemented, and to supplement that certain act entitled ‘An act to provide a general highway law for the State of Nevada,’ approved March 23, 1917, as amended, and other matters relating thereto,” approved March 12, 1937.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act is hereby amended to read as follows:


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

ê1945 Statutes of Nevada, Page 293 (Chapter 181, AB 312)ê

 

      Section 1.  The State of Nevada hereby accepts and assents to the provisions of the Act of Congress of the United States entitled “An act to provide that the United States shall aid the states in the construction of rural post roads, and for all other purposes,” approved July 11, 1916, as amended and supplemented. The highway department of the state is hereby authorized to enter into all contracts and agreements with the United States government, relating to the survey, preparation of plans, construction and maintenance of secondary or feeder roads under the provisions of said act of Congress and the rules and regulations of the federal works administrator and the commissioner of public roads promulgated thereunder; to submit such scheme or program of construction and maintenance as may be required by said secretary, and to do all other things necessary fully to carry out the cooperation contemplated and provided for by the said act in the construction and maintenance of such secondary or feeder roads, including farm-to-market, mine-to-market, rural free delivery, public school bus, and other rural roads, approved by the commissioner of public roads.

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

      Section 2.  For the construction and improvement of such secondary or feeder roads under the said act, the good faith of the state is hereby pledged to make available out of state highway funds sufficient money to match in the proportion designated in said act the sums apportioned to the state by or under the United States government. The state highway fund and the moneys collected therefor shall be available and shall be used for the purpose of constructing, equipping, and maintaining such secondary or feeder roads.

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

Acceptance of act of Congress

 

 

 

 

 

 

 

 

 

 

 

 

 

Construction of secondary or feeder roads

 

 

 

 

In effect

 

________

 

CHAPTER 182, AB 622

[Assembly Bill No. 226–Committee on Ways and Means]

 

Chap. 182–An Act authorizing the board of directors of any county fire protection district to issue and sell bonds not exceeding in amount ten thousand ($10,000) for the purchase of fire fighting equipment; providing for an election therefor; providing for the payment thereof, and other matters properly relating thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  The board of directors of any county fire protection district formed under the provisions of that certain act of the legislature of the State of Nevada entitled “An act providing for the organization of fire protection districts upon certain lands within the State of Nevada; providing for the regulation thereof, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 23, 1937, is hereby empowered to prepare, issue, and sell negotiable coupon bonds not exceeding in amount ten thousand ($10,000) dollars, exclusive of interest, for the purpose of providing funds for the purchase of fire fighting equipment for use in their respective county fire protection districts.

 


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

ê1945 Statutes of Nevada, Page 294 (Chapter 182, AB 622)ê

 

County fire protection districts may issue bonds

 

 

 

 

 

Preparation of bonds; interest

 

 

 

 

 

 

 

 

Redemption

 

Board to negotiate sale of bonds

 

 

 

Proceeds deposited with county treasurer

 

 

 

Tax levy, how authorized for payment of bonds

act of the legislature of the State of Nevada entitled “An act providing for the organization of fire protection districts upon certain lands within the State of Nevada; providing for the regulation thereof, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 23, 1937, is hereby empowered to prepare, issue, and sell negotiable coupon bonds not exceeding in amount ten thousand ($10,000) dollars, exclusive of interest, for the purpose of providing funds for the purchase of fire fighting equipment for use in their respective county fire protection districts.

      Sec.2.  Said bonds shall be prepared in such denominations as the said directors shall see fit and shall be numbered consecutively. They shall be made payable in lawful money of the United States, and they shall have interest coupons attached in such a manner that they can be removed upon the payment of installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds shall be signed by each member of the board of directors of each district. Said bonds shall bear interest at a rate not exceeding four (4%) percent per annum, payable annually on the first Monday in January. Said bonds shall be redeemed and retired in equal annual installments and shall be retired consecutively in the order of their numbering. The first of said bonds shall be redeemed within two years of the issue date thereof, and the last installment shall be redeemed within eleven years of the issue date of said bonds.

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

      Sec.4.  The board of directors of such district shall pay the proceeds from the sale of said bonds to the county treasurer of the county in which the greatest portion of the assessed valuation of such district is located, who shall keep a detailed record of same and assign the same to a special fund and who shall pay out of the same for the purchase of fire fighting equipment for use in such district.

      Sec.5.  In any county fire protection district availing themselves of the privileges of this act, the board of directors of such district shall annually determine the tax necessary for the payment of interest and principal of the bonds herein authorized, the amount of said tax shall be certified to the boards of county commissioners of the counties in which any portion of said district is located, and such board of commissioners shall, at the time of making the levy of county taxes for that year, levy the tax certified upon all the real property, together with the improvements thereon, in said district.


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

ê1945 Statutes of Nevada, Page 295 (Chapter 182, AB 622)ê

 

portion of said district is located, and such board of commissioners shall, at the time of making the levy of county taxes for that year, levy the tax certified upon all the real property, together with the improvements thereon, in said district. Said tax, when levied, shall be entered on the assessment rolls and collected in the same manner as state and county taxes. When the same is collected it shall be placed in the treasury of the county in which the greater portion of said district is located in a special fund for the payment of principal and interest of said bonds. Payments therefrom to be made according to the terms of said bonds.

      Sec.6.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation thereby imposed be omitted until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full as in this act specified.

      Sec.7.  The board of directors of county fire protection districts availing themselves of the provisions of this act shall proceed with an election to carry out the purposes of this act in accordance with provisions of that certain act of the legislature of the State of Nevada entitled “An act relating to bond elections; providing for the manner of holding same; defining the duties of certain persons in relation thereto, and others matters properly related thereto,” approved March 16, 1937.

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

 

 

 

 

 

 

 

 

Faith of state pledged

 

 

 

Directors bound by certain act

 

 

 

 

In effect

 

________

 

CHAPTER 183, SB 611

[Senate Bill No. 116–Senator Dressler]

 

Chap. 183–An Act to amend 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, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act is hereby amended so as 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 fifteen thousand ($15,000) dollars for the biennium beginning July 1, 1945, and ending June 30, 1947.

 


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

ê1945 Statutes of Nevada, Page 296 (Chapter 183, SB 611)ê

 

Supplementary relief for needy blind

 

 

Repeal

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 fifteen thousand ($15,000) dollars for the biennium beginning July 1, 1945, and ending June 30, 1947.

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

 

________

 

CHAPTER 184, SB 14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board may examine applicants

 

 

 

 

 

 

 

 

Classification of contractors

[Senate Bill No. 41–Senator Haight]

 

Chap. 184–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, as amended by chapter 60 Statutes of 1943, and adding thereto an article to be known as article III-A.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of article IV of the above-entitled act is hereby amended to read as follows:

      Section 1.  Under reasonable rules and regulations adopted by the board, the board may investigate, classify, and qualify applicants for contractors’ licenses by written or oral examination, or both, and is authorized to issue contractors’ licenses to qualified applicants.

      Sec.2.  The above-entitled act is further amended by adding thereto a new article to be known as article III-A, which shall immediately follow article III of said act, and which shall read as follows:

 

ARTICLE III-A

Classifications

      Section 1.  The board may adopt rules and regulations necessary to effect the classification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage. A licensee may make application for classification and be classified in more than one classification if the licensee meets the qualifications prescribed by the board for such additional classification or classifications. No additional application or license fee shall be charged for qualifying or classifying a licensee in additional classifications.


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

ê1945 Statutes of Nevada, Page 297 (Chapter 184, SB 14)ê

 

fee shall be charged for qualifying or classifying a licensee in additional classifications.

      Nothing contained in this section shall prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

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

 

 

Specialty contractor may use two or more crafts

 

 

In effect

 

________

 

CHAPTER 185, SB 08

[Senate Bill No. 80–Senator Schuman]

 

Chap. 185–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, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 29 of the above-entitled act, being section 3063 N. C. L. 1929, as amended by chapter 108 Statutes of 1941, is hereby amended so as to read as follows:

      Section 29.  It shall be unlawful for any person to fish in or from the waters of Pyramid lake and Washoe lake in district No.

 


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

ê1945 Statutes of Nevada, Page 298 (Chapter 185, SB 08)ê

 

Closed season for fishing in various districts; provisos

 

 

 

 

 

 

 

 

 

 

 

 

In effect

district No. 1, Lahontan lake in districts Nos. 2 and 11 between the dates of the first day of October of each year and the first day of March of the following year; and it shall be unlawful for any person to fish in or from the waters of Topaz lake, district No. 10, between the dates of the first day of November of each year and the first day of May of the following year; and it shall be unlawful for any person to fish in or from any of the waters of districts Nos. 8 to 17, inclusive, except as above modified, and except between the fifteenth day of April and the first day of October of the same year, both dates included; provided, that if delivered by private conveyance, Indian wards of the United States, who are residents of this state shall, under regulations prescribed by the state fish and game commissioners, have the privilege of selling, direct to consumers, fish they may legally take from the waters of Walker lake between March first and December fifteenth, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish; provided further, game fish and carp may be taken at any time during the years 1945, 1946, 1947, and 1948 from the waters of Walker lake in district No. 12.

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

 

________

 

CHAPTER 186, SB 43

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of board members; proviso

[Senate Bill No. 34–Senator Haight]

 

Chap. 186–An Act to amend an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, collection, and carriage of water; cooperation with the United States; and matters properly connected therewith, approved March 19, 1919,” as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 12 of the above-entitled act, as amended, being section 8023 of the Nevada Compiled Laws of 1929, is hereby amended to read as follows:

      Section 12.  The members of the board of directors shall each receive ten dollars per day and actual traveling expenses for each day spent attending meetings of said board or while engaged in official business under the order of the board. The board shall fix the compensation to be paid to the other officers named in this act; provided, that said board shall, upon the petition of a majority of the electors within such district, submit to the electors at any general election of said district a schedule of salaries and fees to be paid the directors and officers thereof.


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

ê1945 Statutes of Nevada, Page 299 (Chapter 186, SB 43)ê

 

the other officers named in this act; provided, that said board shall, upon the petition of a majority of the electors within such district, submit to the electors at any general election of said district a schedule of salaries and fees to be paid the directors and officers thereof. Such petition shall be presented to the board twenty days prior to such general election and a schedule fee submitted upon a two-thirds vote therefor shall be put into effect upon the first of the month next ensuing.

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

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 187, SB 01

[Senate Bill No. 10–Committee on Labor]

 

Chap. 187–An Act to amend an act entitled “An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review, and providing for other officers and employees and defining their powers and duties; providing for the levy of assessments; and other matters relating thereto,” approved March 23, 1937, being chapter 129 of the Statutes of 1937, as amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 2 of the above-entitled act is hereby amended and separately numbered as sections, to read as follows:

      Section 2.  As used in this act, unless the context clearly requires otherwise, words shall have the meanings assigned in the definitions hereafter set forth.

      Section 2.1  “Base period” means the first four of the last five completed calendar quarters immediately preceding the first day of an individual’s benefit year; provided, however, there shall be excluded from the base period any completed calendar quarter the whole of which is spent by an individual in active military service of the United States and the period immediately following during which the individual is being paid federal unemployment allowances, if any, and the quarter in which he was inducted into such service, if:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definitions

 

Base period


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

ê1945 Statutes of Nevada, Page 300 (Chapter 187, SB 01)ê

 

Base period

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Benefits

 

Benefit year

 

 

 

 

 

 

 

 

 

 

 

 

Contributions

      (1) Such individual shall have been inducted into active military service in the land or naval forces of the United States by operation of the selective training and service act of 1940 (public act No. 783), or ordered into such service as provided in the national guard and reserve officers mobilization act (public resolution No. 96 as amended by public act No. 783), and have so served for more than thirty days; and

      (2) He shall have notified the executive director of such induction or order in accordance with such regulations as the executive director may prescribe; and

      (3) He shall exhibit to the executive director a certificate showing satisfactory completion of the period of training and service as in said acts provided; within forty days following completion of such service; and proof of the discontinuance of federal unemployment allowances, if any; and provided further, that the wages earned by an individual for employment within that quarter in which he is inducted into such service shall be deemed for benefit purposes to have been earned within that quarter of his base period in which he completes such period of military training and service; or to have been earned within that quarter of his base period in which federal unemployment allowances, if any, have been discontinued.

      Section 2.2.  “Benefits” means the money payments payable to an individual, as provided in this act, with respect to his unemployment.

      Section 2.3.  “Benefit year,” with respect to any individual, means the fifty-two consecutive week period beginning with the first day of the week with respect to which a valid claim shall be filed, and thereafter the fifty-two consecutive week period beginning with the first day of the first week with respect to which a valid claim shall be filed after the termination of his last preceding benefit year; provided, however, that there shall be excluded from such period any week spent in whole or in part by an individual in the active military service of the United States and any week spent in whole or in part by an individual drawing federal unemployment allowances, if any, if such service is in conformity with and the individual has complied with the requirements of subsections (1), (2), and (3) of section 2.1 of this act. Any claim for benefits made in accordance with section 6(a) of this act shall be deemed to be a valid claim for the purposes of this subsection if the individual has earned wages for employment by employers as provided in section 4(e) of this act.

      Section 2.4.  “Contributions” means the money payments to the state unemployment compensation fund required by this act.

      Section 2.5.  “Calendar quarter” means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31, or the equivalent thereof as the executive director may by regulation prescribe, excluding, however, any calendar quarter or portion thereof which occurs prior to January 1, 1938.


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

ê1945 Statutes of Nevada, Page 301 (Chapter 187, SB 01)ê

 

three consecutive calendar months ending on March 31, June 30, September 30, or December 31, or the equivalent thereof as the executive director may by regulation prescribe, excluding, however, any calendar quarter or portion thereof which occurs prior to January 1, 1938.

      Section 2.6.  “Commissioner” and “director” as used in this act means the executive director of the employment security department.

      Section 2.7.  “Employing unit” means any individual or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor thereof, or the legal representative of a deceased person, which has or subsequent to January 1, 1936, had in its employ one or more individuals performing services for it within this state. All individuals performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this act. Each individual employed to perform or to assist in performing the work of any agent or employee of any employing unit shall be deemed to be employed by such employing unit for all the purposes of this act, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of the work.

      Section 2.8.  “Employer” means:

      (1) Any employing unit which for any calendar quarter has paid or is liable to pay wages of $225 or more, and which employs during such period one or more persons in an employment subject to this act;

      (2) Any individual or employing unit which acquired the organization, trade, or business, or substantially all the assets thereof, of another which at the time of such acquisition was an employer subject to this act;

      (3) Any individual or employing unit which acquired the organization, trade, or business, or substantially all of the assets thereof, of another employing unit if the employment record of such individual or employing unit subsequent to such acquisition, together with the employment record of the acquired unit, prior to such acquisition, both within the same calendar quarter, would be sufficient to constitute such employing unit as an employer subject to this act under paragraph 1 of this subsection.

      (4) Any employing unit which, having become an employer under paragraphs (1), (2), or (3) of this section has not, under section 8, ceased to be an employer subject to this act; or

Calendar quarter

 

 

 

Commissioner and director

Employing unit

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer


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

ê1945 Statutes of Nevada, Page 302 (Chapter 187, SB 01)ê

 

 

 

Employment

      (5) For the effective period of its election pursuant to section 8(c) any other employing unit which has elected to become fully subject to this act.

      Section 2.9.  “Employment,” subject to the other provisions of this subsection, means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied.

      (1) The term “employment” shall include an individual’s entire service, performed within or both within and without this state if-

      (a) The service is localized in this state; or

      (b) The service is not localized in any state but some of the service is performed in this state and (i) the base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this state; or (ii) the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual’s residence is in this state.

      (2) Services not covered under paragraph (1) of this subsection and performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this act if the individual performing such services is a resident of this state and the executive director approves the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to this act.

      (3) Service shall be deemed to be localized within a state if-

      (a) The service is performed entirely within such state; or

      (b) The service is performed both within and without such state, but the service performed without such state is incidental to the individual’s service within the state, for example, is temporary or transitory in nature or consists of isolated transactions.

      (4) Services performed by an individual for wages shall be deemed to be employment subject to this act unless and until it is shown to the satisfaction of the executive director that-

      (a) Such individual has been and will continue to be free from control or direction over the performance of such services, both under his contract of service and in fact; and

      (b) Such service is either outside the usual course of the business for which such service is performed or that such service is performed outside of all the places of business of the enterprises for which such service is performed; and

 


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

ê1945 Statutes of Nevada, Page 303 (Chapter 187, SB 01)ê

 

service is performed outside of all the places of business of the enterprises for which such service is performed; and

      (c) Such service is performed in the course of an independently established trade, occupation, profession or business in which the individual is customarily engaged, of the same nature as that involved in the contract of service.

      (5) The term “employment” shall not include:

      (a) Agricultural labor;

      (b) Domestic service in a private home; provided, that when the federal social security act shall be so amended as to extend the coverage of unemployment compensation to persons engaged in agricultural labor or domestic service in private homes, then such service shall be included in the term “employment” for the purpose of this act to the extent authorized by such amendments;

      (c) Service performed as an officer or member of the crew of a vessel on the navigable waters of the United States;

      (d) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother;

      (e) Service performed in the employ of any other state or its political subdivisions, or of the United States government, or of an instrumentality of any other state or states or their political subdivisions or of the United States; provided, that in the event that the Congress of the United States shall permit the states to require any instrumentality of the United States to make payment into an unemployment fund under a state unemployment compensation act, and to comply with state regulations thereunder, then, to the extent permitted by Congress, and from and after the date as of which such permission becomes effective, all of the provisions of this act shall be applicable to such instrumentality and to services performed for such instrumentality in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals and services; provided further, that if this state should not be certified by the social security board under section 903 of the social security act for any year, then the payments required from such instrumentality and their workers with respect to such year shall be refunded by the executive director from the unemployment fund, without interest;

      (f) Service performed in the employ of this state, or of any political subdivision thereof, or of any instrumentality of this state or its political subdivisions, which is wholly owned by this state or one or more of its political subdivisions; and any service performed in the employ of any such instrumentality to the extent that the instrumentality is, with respect to such service, exempt under the constitution of the United States from the tax imposed by section 1600 of the United States internal revenue code; provided, that any department of this state, or any political subdivision thereof, or any of the aforesaid instrumentalities of this state or its political subdivisions, may, by action of the majority of the members of the governing body of such department, political subdivision or instrumentality, duly certified to the executive director, elect to become an employer as in this act provided, excluding from employment for such an employer the services performed by elected officials of such department, political subdivision or instrumentality;

 

Employment

 

 

 

 

 

 

Employment shall not include


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

ê1945 Statutes of Nevada, Page 304 (Chapter 187, SB 01)ê

 

Employment shall not include

respect to such service, exempt under the constitution of the United States from the tax imposed by section 1600 of the United States internal revenue code; provided, that any department of this state, or any political subdivision thereof, or any of the aforesaid instrumentalities of this state or its political subdivisions, may, by action of the majority of the members of the governing body of such department, political subdivision or instrumentality, duly certified to the executive director, elect to become an employer as in this act provided, excluding from employment for such an employer the services performed by elected officials of such department, political subdivision or instrumentality;

      (g) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual; provided, that when the federal social security act shall be so amended as to extend the coverage of unemployment compensation to persons employed as in this subsection specified, then such service shall be included in the term “employment” for the purpose of this act to the extent authorized by such amendments;

      (h) Service performed after June 30, 1939, in the employ of an employer as defined in the railroad unemployment insurance act (52 Stat. 1094); and service with respect to which unemployment compensation is payable under any other unemployment compensation system established by an act of Congress; provided, that the executive director is hereby authorized and directed to enter into agreements with the proper agencies under such act or acts of Congress, which agreement shall become effective ten days after publication thereof in the manner provided in section 4(b) of the employment security administration law for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this act, acquired rights to unemployment compensation under such act or acts of congress, or who have, after acquiring potential rights to unemployment compensation under such act or acts of Congress, acquired rights to benefits under this act;

      (i) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution.

      (j) Service performed by lessees engaged in mining under lease agreements unless the individual lease agreement or the practice in actual operations under such agreement is such as would constitute the lessees employees of the lessor at common law.


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

ê1945 Statutes of Nevada, Page 305 (Chapter 187, SB 01)ê

 

as would constitute the lessees employees of the lessor at common law.

      (6) If the services performed during one-half or more of any pay period by an individual for the employing unit constitute employment, all the services of such individual for such period shall be deemed to be employment; but if the services performed during more than one-half of any such period by an individual for the employing unit do not constitute employment, then none of the services of such individual for such period shall be deemed to be employment.

      Section 2.10.  “Employment office” means a free public employment office or branch thereof, operated by this state or maintained as a part of a state controlled system of public employment offices.

      Section 2.11.  “Fund” means the unemployment compensation fund established by this act, to which all contributions required and from which all benefits provided under this act shall be paid.

      Section 2.12.  “State” includes, in addition to the states of the United States of America, Alaska, Hawaii, and the District of Columbia.

      Section 2.13.  “Unemployment.” An individual shall be deemed “unemployed” in any week during which he performs no services and with respect to which no remuneration is payable to him or in any week of less than full-time work, if the remuneration payable to him with respect to such week is less than his weekly benefit amount. The executive director shall prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work, as the executive director deems necessary.

      Section 2.14.  “Wages” means all remuneration payable for personal services, including commissions and bonuses and the cash value of all remunerations payable in any medium other than cash; provided, that the term “wages” shall not include:

      (1) That part of the remuneration which, after remuneration equal to three thousand dollars ($3,000) becomes payable to an individual by an employer with respect to employment during and for any calendar year, becomes payable to such individual by such employer with respect to employment during the calendar year 1945, and during each calendar year thereafter;

      (2) The amount of any payment with respect to services performed after July 1, 1941, to, or on behalf of, an individual in its employ under a plan or system established by an employing unit which makes provision for individuals in its employ generally or for a class or classes of such individuals (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for such payment), on account of (a) retirement, or (b) sickness or accident disability, or (c) medical and hospitalization expenses, in connection with sickness or accident disability, or (d) death, provided an individual in its employ (i) has not the option to receive, instead of provision for such death benefit, any part of such payment, or, if such death benefit is insured, any part of the premiums, or contributions to premiums, paid by his employing unit, and (ii) have not the right, under the provisions of the plan or system, or policy of insurance providing for such death benefit, to assign such benefit, or to receive a cash consideration in lieu of such benefit upon either his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his services with such employing unit;

 

Employment shall not include

 

 

 

 

 

Employment office

 

 

Fund

 

 

State

 

Unemployment

 

 

 

 

 

 

 

Wages

 

 

Wages shall not include


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

ê1945 Statutes of Nevada, Page 306 (Chapter 187, SB 01)ê

 

Wages shall not include

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Week

 

Weekly benefit amount

 

 

Duration of the war

 

 

 

 

 

 

Dependent

an employing unit which makes provision for individuals in its employ generally or for a class or classes of such individuals (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for such payment), on account of (a) retirement, or (b) sickness or accident disability, or (c) medical and hospitalization expenses, in connection with sickness or accident disability, or (d) death, provided an individual in its employ (i) has not the option to receive, instead of provision for such death benefit, any part of such payment, or, if such death benefit is insured, any part of the premiums, or contributions to premiums, paid by his employing unit, and (ii) have not the right, under the provisions of the plan or system, or policy of insurance providing for such death benefit, to assign such benefit, or to receive a cash consideration in lieu of such benefit upon either his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his services with such employing unit;

      (3) The payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed upon an individual in its employ, under section 1400 of the United States internal revenue code;

      (4) Dismissal payments after July 1, 1941, which the employing unit is not legally required to make. The reasonable case value of remuneration payable in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the executive director.

      Section 2.15.  “Week” means such period of seven consecutive calendar days as the executive director may by regulations prescribe.

      Section 2.16.  “Weekly benefit amount.” An individual’s “weekly benefit amount” mean the amount of benefit he would be entitled to receive for one week of total unemployment.

      Section 2.17.  “Duration of the war.” This expression when used in this act shall and will mean that period of time beginning on December 8, 1941, and ending-for the purpose of this act-at such time as the governor by proclamation may declare that a state of war no longer exists.

      Sec.2.  Said act shall be further amended by adding thereto a new section to be known as section 2.18, which shall immediately follow section 2.17, and which shall read as follows:

      Section 2.18.  “Dependent” means a wife, or a son or daughter of less than sixteen (16) years of age, who is not gainfully employed; or a husband, mother, father, stepmother, stepfather, brother, or sister, or a son or daughter, who because of age or disability is unable to work, and who is wholly or mainly supported by the individual receiving the benefit.


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

ê1945 Statutes of Nevada, Page 307 (Chapter 187, SB 01)ê

 

is wholly or mainly supported by the individual receiving the benefit.

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

      Section 3.  (a) Payment of Benefits.  Twenty-four months after the date when contributions first accrue under this act, benefits shall become payable from the fund; provided, that wages earned for services performed in the employ of an employer, as defined in the railroad unemployment insurance act (52 Stat. 1094), shall not be included for purposes of determining eligibility under section 4(e), or total amount of benefits under subsection (e) of this section, with respect to any benefit year commencing on or after July 1, 1939, nor shall any benefits with respect to unemployment occurring on and after July 1, 1939, be payable on basis of such wages under the subsections of this section. All benefits shall be paid through employment offices in accordance with such regulations as the executive director may prescribe.

      (b) Weekly Benefit Amount.  An individual’s “weekly benefit amount” shall be an amount equal to one-twentieth of his total wages for employment by employers during that quarter of his base period in which such total wages were highest, but not more than eighteen dollars per week, nor less than eight dollars per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.

      (c) Weekly Benefit for Unemployment.  Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount, less that part of the remuneration (if any) payable to him with respect to such week which is in excess of $3. Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1. For the purpose of this subsection, no individual shall be deemed to be unemployed in any week in which he is self-employed for more than three days.

      (d) Dependency Allowances.  Each eligible individual who is unemployed in any week shall be paid with respect to such week, and in addition to his weekly benefit for unemployment, a dependency allowance of three dollars for the first two dependents, and three dollars for one additional dependent, but not more than six dollars shall be paid to an individual as dependents’ allowance with respect to any one week of unemployment, nor shall the payment for benefit amount and dependents’ allowances combined exceed the sum of twenty-four dollars for any week, and no dependency allowances shall be paid to an individual or his wife living in the same household when both simultaneously are being paid unemployment benefits under this act.

 

 

Payment of benefits

 

 

 

 

 

 

 

 

 

Weekly benefit amount

 

 

 

 

Weekly benefit for unemployment

 

 

 

 

 

Dependency allowances


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

ê1945 Statutes of Nevada, Page 308 (Chapter 187, SB 01)ê

 

Duration of benefits

 

 

 

 

 

 

 

 

 

Protection of fund

 

 

 

 

 

 

Benefit eligibility conditions

      (e) Duration of Benefits.  Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of (1) twenty times his weekly benefit amount, or (2) one-third of the wages earned by him for employment by employers during his base period; provided, that such total amount of benefits if not a multiple of $1 shall be computed to the next higher multiple of $1. For the purposes of this section, and of section 4(e) hereof, wages shall be counted as “wages for employment by employers” for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer from whom such wages were earned has satisfied the conditions of section 2.8 or section 8(c) with respect to becoming an employer.

      (f) Protection of Fund.  When, and if, the balance remaining in the unemployment compensation fund shall be reduced to not more than three million five hundred thousand dollars, the executive director shall protect the solvency of said fund by discontinuing the payment of dependents’ allowances, and reducing the maximum weekly benefit amount to fifteen dollars and the minimum weekly benefit amount to five dollars.

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

      Section 4.  An unemployed individual shall be eligible to receive benefits with respect to any week only if the executive director finds that-

      (a) He has registered for work at, and thereafter has continued to report at, an employment office in accordance with such regulations as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this act.

      (b) He has made a claim for benefits in accordance with the provisions of section 6(a) of this act.

      (c) He is able to work, and is available for work; provided, no claimant shall be considered ineligible in any week of unemployment for failure to comply with the provisions of this subsection, if such failure is due to an illness or disability which occurs after he has filed an initial claim for unemployment benefits, and no suitable work has been offered after the beginning of such illness or disability.

      (d) He has been unemployed for a waiting period of one week. No week shall be counted as a week of unemployment for the purposes of this subsection:

      (1) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits;


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

ê1945 Statutes of Nevada, Page 309 (Chapter 187, SB 01)ê

 

      (2) If benefits have been paid or are payable with respect thereto;

      (3) Unless the individual was eligible for benefits with respect thereto as provided in sections 4 and 5 of this act, except for the requirements of this subsection and of subsection (e) of section 5.

      (e) He has, within his base period, earned wages of not less than $175 if the benefit amount be less than $8, or 25 times his weekly benefit amount if that weekly benefit amount be not less than $8 nor more than $12; or two times the product of his weekly benefit amount multiplied by itself if that weekly benefit amount be not less than $13 nor more than $15; or thirty times his weekly benefit amount if that weekly benefit amount be not less than $16 nor more than $18; and which wages shall include in any case wages of not less than five times his weekly benefit amount earned in some quarter within his base period other than the quarter upon which his weekly benefit amount is computed. For the purpose of this section wages shall be counted for benefit purposes with respect to any benefit year only if such benefit year began subsequent to the date on which the employer, from whom such wages were earned, has satisfied the conditions of section 8(c) or 2.8 with respect to becoming an employer.

      Sec.5.  Section 6 of the above-entitled act is hereby amended to read as follows:

      Section 6.  (a) Filing.  Claims for benefits shall be made in accordance with such regulations as the executive director may prescribe, not inconsistent herewith. Each employer shall post and maintain in places readily accessible to individuals in his service a printed statement concerning such regulations or such other matters as the executive director may by regulation prescribe.

      Each employer shall supply to each individual in his service, at the time such individual becomes unemployed, copies of such printed statements or materials relating to claims for benefits or separation notices as the executive director may by regulation prescribe. Such printed statements or other material shall be supplied by the executive director to each employer without cost to said employer.

      (b) Initial Determination.  Each claim shall be examined in accordance with such regulations as the executive director may prescribe, and on the basis of the facts found it shall be determined whether or not benefits are payable with respect to such claim, and, if payable, the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration thereof; provided, that in any case where the payment or denial of benefits will be determined by the provisions of section 5(d) of the act, the findings of fact with respect to that subsection shall be transmitted to the executive director, who, on the basis of the evidence submitted and such additional evidence as he may require, shall make a determination as to whether benefits are payable, commencement of benefits, weekly benefit amount payable, and the maximum duration thereof.

Exceptions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Filing

 

 

 

 

 

 

 

 

 

Initial determination


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

ê1945 Statutes of Nevada, Page 310 (Chapter 187, SB 01)ê

 

Initial determination

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Redeterminations

findings of fact with respect to that subsection shall be transmitted to the executive director, who, on the basis of the evidence submitted and such additional evidence as he may require, shall make a determination as to whether benefits are payable, commencement of benefits, weekly benefit amount payable, and the maximum duration thereof. Any determination rendered in accordance with the preceding sentence shall be deemed an initial determination. Notice of any determination, together with the reasons therefor, shall be promptly given to the claimant; notice of any determination under which the claimant is held to be eligible for benefits or waiting period credit shall be given to the most recent employer, and may be given to such other parties as the executive director may by regulation prescribe. Within seven days after delivery of any determination, the claimant or such other party may file an appeal from such determination, and unless such appeal is filed as herein provided such determination shall be final and benefits shall be paid or denied in accordance therewith; provided, that if under the determination, benefits in any amount are payable as to which there is no dispute, such benefits shall be promptly paid regardless of such appeal. If an appeal is duly filed, benefits with respect to the period prior to the final decision of the board of review shall be paid only after such decision; provided, that if an appeal tribunal affirms the initial determination or amended decision, or the board of review affirms a decision of an appeal tribunal, allowing benefits, such benefits shall be paid regardless of any appeal which may thereafter be taken, but if such decision is finally reversed no employer’s account shall be charged with benefits so paid. When any request for adjustment as herein provided shall be filed, benefits shall be paid at the rate and in the amount determined by the initial determination, if such request for adjustment indicates that a higher amount or duration of benefits is payable, until such time as the amended decision shall be made.

      (1) Redeterminations.  The executive director or a representative duly authorized to act in his behalf may at any time reopen any such determination on the grounds of fraud, error, mistake, or change of conditions, and may make a redetermination on such claim ending, diminishing, maintaining, or increasing benefits previously found payable, or a redetermination allowing benefits previously denied. Notice of such redetermination and the reason therefor shall be promptly given to the claimant and any other parties who were entitled to notice of the initial determination, and the claimant and such other parties shall be entitled to appeal in the same manner and subject to the same conditions as an appeal may be taken from an initial determination.


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

ê1945 Statutes of Nevada, Page 311 (Chapter 187, SB 01)ê

 

appeal may be taken from an initial determination. Accrued or potential (but unpaid) benefit rights during the succeeding 12-month period may be adjusted in and by such redetermination.

      (c) Appeals.  Unless such appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm, reverse, or modify the determination. The parties shall be duly notified of such tribunal’s decision, together with its reasons therefor, which shall be deemed to be the final decision of the board of review, unless within ten days after the date of notification or mailing of such decision further appeal is initiated pursuant to subsection (e) of this section.

      (d) Appeal Tribunals.  To hear and decide appealed claims, the board of review shall appoint one or more impartial appeal tribunals consisting in each case of either a salaried examiner, selected in accordance with section 4(d) of the employment security administration law (Statutes 1941, chapter 59), or a body consisting of three members, one of whom shall be a salaried examiner, and who shall serve as chairman, one of whom shall be a representative of employers and the other of whom shall be a representative of employees; each of the latter two members shall serve at the pleasure of the board of review and be paid a fee of not more than $10 per day of active service on such tribunal, plus necessary expenses. No person shall participate on behalf of the executive director or the board of review in any case in which he is an interested party. The board of review may designate alternatives to serve in the absence or disqualification of any member of an appeal tribunal. The chairman shall act alone in the absence or disqualification of any other member and his alternates. In no case shall the hearings proceed unless the chairman of the appeal tribunal is present. The executive director shall provide the board of review and such appeal tribunals with proper facilities and assistants for the execution of their functions.

      (e) Board of Review.  The board of review may on its own motion affirm, reverse, modify, or set aside any decision of an appeal tribunal on the basis of the evidence previously submitted in such case, or direct the taking of additional evidence, or may permit any of the parties to such decision to initiate further appeals before it. The board of review shall permit such further appeal by any of the parties interested in a decision of an appeal tribunal which is not unanimous and by the deputy whose decision has been overruled or modified by an appeal tribunal. The board of review may remove to itself or transfer to another appeal tribunal the proceedings on any claim pending before an appeal tribunal.

 

 

 

Appeals

 

 

 

 

 

Appeal tribunals

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of review


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

ê1945 Statutes of Nevada, Page 312 (Chapter 187, SB 01)ê

 

 

 

 

 

 

Procedure

 

 

 

 

 

 

 

Witness fees

 

 

Appeal to courts

 

 

 

 

 

 

 

Court review

Any proceedings so removed to the board of review shall be heard by the board of review, or in the absence or disqualification of any partisan member by the impartial member acting alone in accordance with the requirements of subsection (c) of this section. The board of review shall promptly notify the parties to any proceedings before it of its findings and decision.

      (f) Procedure.  The manner in which appealed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the board of review for determining the rights of the parties, whether or not such regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with an appealed claim. All testimony at any hearing upon an appealed claim shall be recorded, but need not be transcribed unless the appealed claim is further appealed.

      (g) Witness Fees.  Witnesses subpenaed pursuant to this section shall be allowed fees at a rate fixed by the executive director. Such fees shall be deemed a part of the expenses of administering this act.

      (h) Appeal to Courts.  Any decision of the board of review in the absence of an appeal therefrom as herein provided shall become final ten days after the date of notification or mailing thereof, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted his administrative remedies as provided by this act. The executive director shall be deemed to be a party to any judicial action involving any such decision, and may be represented in any such judicial action by any qualified attorney employed by the executive director and designated by him for that purpose, or at his request by the attorney-general.

      (i) Court Review.  Within ten days after the decision of the board of review has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action in the district court of the county wherein the appealed claim or claims were filed against the executive director for the review of such decisions, in which action any other party to the proceedings before the board of review shall be made a defendant. In such action, a petition which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon the executive director, or upon such person as he may designate, and such service shall be deemed completed service on all parties, but there shall be left with the party so served as many copies of the petition as there are defendants, and the executive director shall forthwith mail one such copy to each such defendant.


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

ê1945 Statutes of Nevada, Page 313 (Chapter 187, SB 01)ê

 

the petition as there are defendants, and the executive director shall forthwith mail one such copy to each such defendant. With his answer, the executive director shall certify and file with said court all documents and papers and a transcript of all testimony taken in the matter, together with the board of review’s findings of fact and decision therein. The executive director may also, in his discretion, certify to such court questions of law involved in any decision. In any judicial proceeding under this section, the findings of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law. Such actions, and the questions so certified, shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under the workmen’s compensation law of this state. An appeal may be taken from the decision of such district court to the supreme court of Nevada, in the same manner, but not inconsistent with the provisions of this act, as is provided in civil cases. It shall not be necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the board of review, and no bond shall be required for entering such appeal. Upon the final determination of such judicial proceeding the board of review shall enter an order in accordance with such determination. A petition for judicial review shall not act as a supersedeas or stay unless the board of review shall so order.

      Sec.6.  Section 7 of the above-entitled act is hereby amended to read as follows:

      Section 7.  (a) Payment.  (1) On and after January 1, 1937, contributions shall accrue and become payable by each employer for each calendar quarter in which he is subject to this act, with respect to wages payable for employment occurring during such calendar quarter. Such contributions shall become due and be paid by each employer to the executive director for the fund in accordance with such regulation as the executive director may prescribe, and shall not be deducted, in whole or in part, from the wages of individuals in such employer’s employ.

      (2) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.

      (b) Rate of Contribution.  Each employer shall pay contributions equal to the following percentages of wages payable by him with respect to employment:

      (1) One and eight-tenths per centum with respect to employment during the calendar year 1937;

Court review

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Payment

 

 

 

 

 

 

 

 

 

Rate of contribution


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

ê1945 Statutes of Nevada, Page 314 (Chapter 187, SB 01)ê

 

 

 

Future rates based on benefit experience

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rate of contribution

      (2) With respect to employment after December 31, 1937, two and seven-tenths per centum, except as otherwise prescribed in subsection (c) of this section.

      (c) Future Rates Based on Benefit Experience.  The executive director shall, for the period of six months commencing July 1, 1945, and for the calendar year commencing January 1, 1946, and for each calendar year thereafter, classify employers in accordance with their actual pay rolls, contribution, and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him throughout the six-months’ period commencing July 1, 1945, and for each calendar year thereafter, in order to reflect said experience and classification. In making such classification, the executive director shall take account of the degree of unemployment hazard shown by each employer’s experience, and of any other measurable factors which he finds bear a reasonable relation to the purposes of this subsection. For the purpose of a study, benefits paid to an individual since January 1, 1939, shall be immediately charged against the accounts of his employers, and hereafter charged currently against his employer’s accounts; provided, however, no benefits paid to a claimant on the basis of credits retained on account of military service shall be charged against an employers’ accounts. Such rates shall be computed on the pay roll, contribution, and benefit experience of the employer for not less than thirty-six consecutive calendar months immediately preceding the computation date, which date shall be not more than twenty-seven weeks prior to the effective date of the new rate. He may apply such form of classification or rating system which in his judgment is best calculated to rate individually and most equitably the employment risk of each employer and to encourage the stabilization of employment. The general basis of classification proposed to be used for any calendar year shall be subject to fair notice, opportunity for hearing, and publication. The executive director shall determine the contribution rate applicable to each employer for any calendar year subject to the following limitations:

      (1) Each employer’s contribution rate shall be 2 7/10 per centum, unless and until there shall have been thirty-six (36) consecutive calendar months immediately preceding the computation date of the new rate, throughout which his account as an employer could have been charged with benefit payments. (2) Each employer eligible for a rate based upon experience and classified in accordance with this section shall be assigned a rate by the executive director according to the following classes: Class 1, 1 per centum; class 2, 1.5 per centum; class 3, 2.0 per centum; class 4, 2.4 per centum;


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

ê1945 Statutes of Nevada, Page 315 (Chapter 187, SB 01)ê

 

class 5, 2.7 per centum; class 6, 3.0 per centum; class 7, 3.5 per centum; class 8, 4.0 per centum; class 9, 4.5 per centum. No employer’s rate shall be varied below the 2.7 per centum rate unless, as of the preceding January 1, the total amount available for benefits in the Nevada unemployment compensation fund equals or exceeds 1.5 per centum of the total pay rolls subject to contributions under the Nevada unemployment compensation laws for the five consecutive calendar-year period ending on the above date. As used in this section the term “annual pay roll” means the total amount of wages payable by an employer for employment during a year, regardless of the time of payment.

      Sec.7.  Section 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  (a) Any employing unit which becomes an employer subject to this act within any calendar quarter shall be subject to this act from the beginning of that quarter.

      (b) Except as otherwise provided in subsection (c) of this section an employing unit shall cease to be an employer subject to this act at any time when it shall appear to the satisfaction of the executive director that during each of the four completed calendar quarters immediately preceding such finding, such employing unit had not employed in employment subject to this act, one or more persons in any calendar quarter wherein such employing unit had a pay roll of $225 or more. For the purposes of this subsection, the two or more employing units mentioned in paragraph (2) or (3) of section 2.8 shall be treated as a single employing unit.

      (c) (1) An employing unit, not otherwise subject to this act, which files with the executive director its written election to become an employer subject hereto for not less than two calendar years, shall, with the written approval of such election by the executive director, become an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January 1 of any calendar year subsequent to such two calendar years only if at least thirty days prior to such 1st day of January it has filed with the executive director a written notice to that effect.

      (2) Any employing unit for which services that do not constitute employment, as defined in this act, are performed, may file with the executive director a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this act for not less than two calendar years. Upon the written approval of such election by the executive director, such services shall be deemed to constitute employment subject to this act from and after the date stated in such approval.

Date of contribution

 

 

 

 

 

 

 

 

 

Period, elections and terminations of employee’s coverage

 

 

 

 

 

 

 

 

Employing unit, rights of


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

ê1945 Statutes of Nevada, Page 316 (Chapter 187, SB 01)ê

 

 

 

 

 

 

 

Government employees may come under act

 

 

 

 

 

 

 

 

 

 

 

Director may terminate approval

 

Establishment and control

written approval of such election by the executive director, such services shall be deemed to constitute employment subject to this act from and after the date stated in such approval. Such services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if at least thirty days prior to such 1st day of January such employing unit has filed with the executive director a written notice to that effect.

      (3) The governing board or officers of any department of the State of Nevada, or of any county, city, or other political subdivision of the State of Nevada, or of any instrumentality of any such department or political subdivision, may, by resolution of the majority of its members, elect to become an employer subject to this act for not less than two calendar years, and, upon filing certified copy of such resolution with the executive director and with his written approval, such department, political subdivision, or instrumentality shall become an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January 1 of any calendar year subsequent to such two calendar years only if at least thirty days prior to such first day of January it has filed with the executive director a written notice to that effect. Contributions paid by any such department, political subdivision, or instrumentality shall be a proper charge upon the funds of such department, political subdivision, or instrumentality.

      (4) The executive director may terminate the approval of the election of any such employer at any time upon thirty days’ written notice.

      Sec.8.  Section 9 of the above-entitled act is hereby amended to read as follows:

      Section 9.  (a) Establishment and Control.  There is hereby established as a special fund, separate and apart from all public moneys or funds of this state, an unemployment compensation fund, which shall be administered by the executive director exclusively for the purposes of this act. This fund shall consist of (1) all contributions collected under this act; (2) interest earned upon any moneys in the fund; (3) any property or securities acquired through the use of moneys belonging to the fund; (4) all earnings of such property or securities; and (5) all other moneys received for the fund from any other source. All moneys in the fund shall be mingled and undivided. All fines and penalties collected pursuant to the criminal provisions of this act shall be paid to the Nevada state school fund.

      (b) Accounts and Deposits.  The state treasurer shall be the treasurer and custodian of the fund who shall administer such fund in accordance with the directions of the executive director and shall issue his warrants upon it in accordance with such regulations as the executive director shall prescribe.


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

ê1945 Statutes of Nevada, Page 317 (Chapter 187, SB 01)ê

 

such fund in accordance with the directions of the executive director and shall issue his warrants upon it in accordance with such regulations as the executive director shall prescribe. He shall maintain within the fund three separate accounts: (1) A clearing account, (2) an unemployment trust fund account, and (3) a benefit account. All moneys payable to the fund, upon receipt thereof by the executive director, shall be forwarded to the treasurer who shall immediately deposit them in the clearing account. Refunds payable pursuant to section 14 of this act may be paid from the clearing account or from the benefit account upon warrants issued by the treasurer under the direction of the executive director. After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the secretary of the treasury of the United States of America to the credit of the account of this state in the unemployment trust fund, established and maintained pursuant to section 904 of the social security act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. The benefit account shall consist of all moneys requisitioned from this state’s account in the unemployment trust fund. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited by the treasurer, under the direction of the executive director, in any bank or public depositary in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. The treasurer shall give a separate bond conditioned upon the faithful performance of his duties as custodian of the fund in an amount fixed by the executive director and in a form prescribed by law or approved by the attorney-general. Premiums for said bond shall be paid from the administration fund. Moneys in the clearing and benefit accounts shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary. Such moneys shall be secured by said bank or public depositary to the same extent and in the same manner as required by the general depositary laws of the State of Nevada and collateral pledged shall be maintained in a separate custody account. All sums recovered on the official bond for losses sustained by the unemployment compensation fund shall be deposited in said fund.

      (c) Withdrawals.  Moneys shall be requisitioned from this state’s account in the unemployment trust fund solely for the payment of benefits and refunds in accordance with regulations prescribed by the executive director. The executive director shall from time to time requisition from the unemployment trust fund such amounts, not exceeding the amounts standing to this state’s account therein, as he deems necessary for the payment of benefits for a reasonable future period.

Accounts and deposits

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Withdrawals


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

ê1945 Statutes of Nevada, Page 318 (Chapter 187, SB 01)ê

 

Withdrawals

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Management of funds upon discontinuance of unemployment trust fund

unemployment trust fund such amounts, not exceeding the amounts standing to this state’s account therein, as he deems necessary for the payment of benefits for a reasonable future period. Upon receipt thereof the treasurer shall deposit such moneys in the benefit account and the treasurer shall issue his warrants for the payment of benefits solely from such benefit account. Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All warrants issued by the treasurer for the payment of benefits and refunds shall bear the signature of the treasurer and the counter-signature of the executive director, or his duly authorized agent for that purpose. Any balance of moneys requisitioned from the unemployment trust fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall be either deducted from estimates for, and may be utilized for the payment of, benefits during succeeding periods, or in the discretion of the executive director shall be redeposited with the secretary of the treasury of the United States of America, to the credit of this state’s account in the unemployment trust fund, as provided in subsection (b) of this section.

      (d) Management of Funds Upon Discontinuance of Unemployment Trust Fund.  The provisions of subsections (a), (b), and (c) to the extent that they relate to the unemployment trust fund, shall be operative only so long as such unemployment trust fund continues to exist and so long as the secretary of the treasury of the United States of America continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this state’s proportionate share of the earnings of such unemployment trust fund, from which no other state is permitted to make withdrawals. If and when such unemployment trust fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties, or securities therein belonging to the unemployment compensation fund of this state, shall be transferred to the treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit, and release such moneys, properties, or securities in a manner approved by the executive director in accordance with the provisions of this act; provided, that such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The treasurer shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the executive director.


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

ê1945 Statutes of Nevada, Page 319 (Chapter 187, SB 01)ê

 

      (e) Notwithstanding any requirements of the foregoing subsections of this section, the executive director shall, prior to whichever is the later of (i) 30 days after the close of this session of the legislature and (ii) July 1, 1939, authorize and direct the secretary of the treasury of the United States to transfer from this state’s account in the unemployment trust fund, established and maintained pursuant to section 904 of the social security act, as amended, to the railroad unemployment insurance account, established and maintained pursuant to section 10 of the railroad unemployment insurance act, an amount hereinafter referred to as the preliminary amount and shall, prior to whichever is the later of (i) 30 days after the close of this session of the legislature and (ii) January 1, 1940, authorize and direct the secretary of the treasury of the United States to transfer from this state’s account in said unemployment trust fund to said railroad unemployment insurance account an additional amount, hereinafter referred to as the liquidating amount. Both such amounts shall be determined by the social security board, after agreement with the railroad retirement board, and after consultation with the executive director. The preliminary amount shall consist of that proportion of the balance in the unemployment compensation fund as of June 30, 1939, as the total amount of contributions collected from “employers” (as the term “employer” is defined in section 1 (a) of the railroad unemployment insurance act) and credited to the unemployment compensation fund bears to all contributions theretofore collected under this act and credited to the unemployment compensation fund. The liquidating amount shall consist of the total amount of contributions collected from “employers” (as the term “employer” is defined in section 1(a) of the railroad unemployment insurance act) pursuant to the provisions of this act during the period July 1, 1939, to December 31, 1939, inclusive.

      Sec.9.  The above-entitled act is further amended by adding thereto a new section to be known as section 13.1, which shall immediately follow section 13 of said act and shall read as follows:

      Section 13.1.  Special Fund.  There is hereby created in the state treasury a special fund to be known as employment security fund. All interest and forfeits collected under sections 14, 14.1 and 16(e) of this act shall be paid into this fund. All moneys which are deposited or paid into this fund are hereby appropriated and made available to the executive director of the Nevada employment security department. Said moneys shall not be expended or made available for expenditure in any manner which would permit their substitution for, or a corresponding reduction in, federal funds which would, in the absence of said moneys, be available to finance expenditures for the administration of the employment security laws of the State of Nevada.

Transfer of funds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special fund


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

ê1945 Statutes of Nevada, Page 320 (Chapter 187, SB 01)ê

 

Special fund

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Past due contributions

 

 

 

 

 

 

Collection

which would, in the absence of said moneys, be available to finance expenditures for the administration of the employment security laws of the State of Nevada. But nothing in this section shall prevent said moneys from being used as a revolving fund to cover expenditures, necessary and proper under the law, for which federal funds have been duly requested but not yet received, subject to the repayment to the fund of such expenditures when received. The moneys in this fund shall be used by the executive director for the payment of costs of administration which are found not to have been properly and validly chargeable against federal grants received for or in the unemployment compensation administration fund. All moneys in this fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the state treasury. Any balances in this fund shall not lapse at any time, but shall be continuously available to the executive director for expenditure consistent with this act. Moneys in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary.

      Sec.10.  Section 14 of the above-entitled act is hereby amended to read as follows:

      Section 14.  (a) Past Due Contributions.  When any contribution as provided in this act shall remain unpaid on the date on which it becomes due and payable, as prescribed by the executive director, it shall bear interest at the rate of one per centum for each month or portion of a month thereafter until such payment, plus accrued interest, is received by the executive director. Interest accrued under this subsection shall not be waived under any circumstances. Interest collected pursuant to this subsection shall be paid into the employment security fund.

      (b) Collection.  (1) If, after due notice thereof, any employer defaults in any payment of contributions, interest or forfeit imposed under this act, the executive director, or his authorized representative, may collect the amount due by civil action brought in the name of the State of Nevada, in the district court, and which shall include the right of attachment.

      (2) In addition to or independently of the foregoing remedy by civil action, the executive director, or his authorized representative, after giving to any employer who defaults in any payment of contributions, interest or forfeit provided by this act, fifteen days’ notice by registered mail, addressed to his last known place of business or address, may file in the office of the clerk of the district court in the county in which the employer has his principal place of business, or if there be no such principal place of business, then in Ormsby County, a certificate which need not be verified, but which shall specify the amount of contribution, interest, and forfeit due, the name and last known place of business of the employer liable for the same, and which shall contain a statement that the unemployment compensation division has complied with all the provisions of this act in relation to the computation and levy of the contribution, together with the request that judgment be entered for the State of Nevada, and against the employer named, in the amount of the contribution, interest, and forfeit set forth in the certificate; provided, however, that the employer may, within said fifteen-day period, pay the amount specified in such notice, under protest, to the executive director, and shall thereupon have the right to initiate, within sixty days following such payment, and to maintain his action against the Nevada unemployment compensation division for a refund of all or any part of any such amount and to recover so much thereof as may have been erroneously assessed or paid.


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

ê1945 Statutes of Nevada, Page 321 (Chapter 187, SB 01)ê

 

there be no such principal place of business, then in Ormsby County, a certificate which need not be verified, but which shall specify the amount of contribution, interest, and forfeit due, the name and last known place of business of the employer liable for the same, and which shall contain a statement that the unemployment compensation division has complied with all the provisions of this act in relation to the computation and levy of the contribution, together with the request that judgment be entered for the State of Nevada, and against the employer named, in the amount of the contribution, interest, and forfeit set forth in the certificate; provided, however, that the employer may, within said fifteen-day period, pay the amount specified in such notice, under protest, to the executive director, and shall thereupon have the right to initiate, within sixty days following such payment, and to maintain his action against the Nevada unemployment compensation division for a refund of all or any part of any such amount and to recover so much thereof as may have been erroneously assessed or paid. Such an action by the employer shall be commenced and maintained in the district court wherein is located the principal place of business of the employer, and in the event of entry of judgment for the employer the unemployment compensation division shall promptly refund such sum without interest as may be determined by the court. If no such payment under protest is made, upon filing the certificate aforesaid the clerk of the district court shall immediately enter a judgment in favor of the State of Nevada unemployment compensation division, and against the employer in the amount of the contributions, interest, and forfeits set forth in the certificate. No costs or filing fees shall be charged to the State of Nevada in any proceedings, brought under any subsection of this section, nor shall any bond or undertaking be required of the State of Nevada, either in proceedings in the district court or on appeal to the supreme court.

      (3) Judgments.  An abstract of such judgment or a copy thereof may be recorded with the county recorder of any county in the State of Nevada, and from the time of such recording the amount of the contribution, interest, and forfeit therein set forth shall constitute a lien upon all the real and personal property of the employer in such county, owned by him or which he may afterwards acquire, which lien shall have the force, effect, and priority of a judgment lien. Execution shall issue upon such a judgment upon request of the executive director or his authorized representative in the same manner as execution may issue upon other civil judgments, and sales shall be held under such execution as upon other executions upon civil judgments. In all proceedings under this section the unemployment compensation division shall be authorized to act in its name on behalf of the State of Nevada.

Collection

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Judgments


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

ê1945 Statutes of Nevada, Page 322 (Chapter 187, SB 01)ê

 

 

 

 

 

Priorities under legal dissolutions or distributions

 

 

 

 

 

 

Refunds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Penalties

shall be authorized to act in its name on behalf of the State of Nevada. Appeals may be taken to the supreme court from the judgment of the district court in the same manner and with the same effect as in other civil cases, except that notice of appeal must be served and filed within sixty days from the entry of judgment.

      (c) Priorities Under Legal Dissolutions or Distributions.  In the event of any distribution of any employer’s assets either voluntarily or pursuant to any order of any court under the laws of this state, including any receivership, assignment for the benefit of creditors, adjudicated insolvency, composition, or similar proceeding, the lien for contributions then or thereafter due shall be paid in full, prior to all other liens or claims except prior taxes. In the event of an employer’s adjudication in bankruptcy, judicially confirmed extension proposal, composition or other proceeding under the federal bankruptcy act of 1898, as amended, contributions then or thereafter due shall be entitled to the same priority as is afforded by that act to taxes due to states.

      (d) Refunds.  If not later than two years after the date on which any contributions, forfeit, or interest thereon became due, an employer who has paid such contributions, forfeit, or interest thereon shall make application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment cannot be made, and the executive director shall determine that such contributions, forfeit, or interest, or any portion thereof, was erroneously collected, the executive director shall allow such employer to make an adjustment thereof, without interest, in connection with subsequent contribution payments by him, or if such adjustment cannot be made the executive director shall refund said amount, without interest, from the fund; provided, that in no case shall a refund be made with respect to contributions paid on wages which have been included in the determination of an eligible claimant for benefits, unless and until it is shown to the satisfaction of the executive director that such determination was due entirely to the fault or mistake of the division.

      Sec.11.  Section 16 of the above-entitled act is hereby amended to read as follows:

      Section 16.  (a) (1) Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this act, either for himself or for any other person, shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not longer than six months, or by both such fine and imprisonment.

      (2) Whenever two or more persons shall conspire to obtain or increase any benefit or other payment under this act, by a false statement or representation knowing it to be false, or by knowingly failing to disclose a material fact, or whenever any person makes a series of false statements or representations knowing them to be false, to obtain or increase benefit payments under this act over a period of more than one week, every such person shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.


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

ê1945 Statutes of Nevada, Page 323 (Chapter 187, SB 01)ê

 

or increase any benefit or other payment under this act, by a false statement or representation knowing it to be false, or by knowingly failing to disclose a material fact, or whenever any person makes a series of false statements or representations knowing them to be false, to obtain or increase benefit payments under this act over a period of more than one week, every such person shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

      (b) Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining subject hereto, or to avoid or reduce any contribution or other payment required from an employing unit under this act, or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required hereunder, or to produce or permit the inspection or copying of records as required hereunder, shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not longer than six months, or by both such fine and imprisonment. Whenever two or more persons shall conspire to accomplish any of the objects provided in this subsection, every such person shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

      (c) Any person who shall willfully violate any provision of this act or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this act, and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment for not longer than six months, or by both such fine and imprisonment.

      (d) Any person who, by reason of the nondisclosure or misrepresentation by him or by another, of a material fact (irrespective of whether such nondisclosure or misrepresentation was known or fraudulent) has received any sum as benefits under this act while any conditions for the receipt of benefits imposed by this act where not fulfilled in his case, or while he was disqualified from receiving benefits, shall, in the discretion of the executive director, either be liable to have such sum deducted from any future benefits payable to him under this act or shall be liable to repay to the executive director for the unemployment compensation fund, a sum equal to the amount so received by him, and such sum shall be collectible in the manner provided in section 14(b) of this act for the collection of past-due contributions.

Penalties


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

ê1945 Statutes of Nevada, Page 324 (Chapter 187, SB 01)ê

 

Penalties

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

the executive director for the unemployment compensation fund, a sum equal to the amount so received by him, and such sum shall be collectible in the manner provided in section 14(b) of this act for the collection of past-due contributions. The executive director may waive the recovery or adjustment of all or part of the amount of any such overpayment which he finds to be uncollectible or the recovery or adjustment of which he finds to be administratively impracticable.

      (e) Any employing unit or any officer or agent of any employing unit or any other person who shall fail to submit such reports as are prescribed and required by the executive director within the time prescribed by the executive director shall pay a forfeit of $5 for each such report. Any employing unit or any officer or agent of any employing unit or any other person who shall fail to submit any report of wages payable within ten days following the expiration of the time prescribed by the executive director for filing such report shall, in addition to the $5 forfeit herein specified, pay interest upon any contribution involved in such report of 5% for the balance of that month, and 5% for each month or portion of each month thereafter; provided, that the interest so accrued shall not exceed 25% of the amount of contribution; provided further, that when it shall appear to the satisfaction of the executive director that the failure to file reports within the time limited was due to an act of God or other circumstances over which the employing unit, its officers or agent, had no control, then the executive director may in his discretion waive the collection of all or any portion of such forfeit or interest. Forfeits and interest as provided in this subsection shall be paid into the employment security fund.

      Sec. 12.  This act shall be in full force and effect on and after July 1, 1945.

 

________

 

CHAPTER 188, SB 66

 

[Senate Bill No. 66–Senator Haight]

 

Chap. 188–An Act to regulate in the State of Nevada the transfer of shares of stock in corporations, and to make uniform the law with reference thereto.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  That title to a certificate of and to the shares represented thereby can be transferred only-

      (a) By delivery of the certificate endorsed either in blank or to a specified person by the person appearing by the certificate to be the owner of the shares represented thereby; or

 


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

ê1945 Statutes of Nevada, Page 325 (Chapter 188, SB 66)ê

 

or to a specified person by the person appearing by the certificate to be the owner of the shares represented thereby; or

      (b) By delivery of the certificate and a separate document containing a written assignment of the certificate or a power of attorney to sell, assign, or transfer the same or the shares represented thereby, signed by the person appearing by the certificate to be the owner of the shares represented thereby. Such assignment or power of attorney may be either in blank or to a specific person.

      The provisions of this section shall be applicable although the charter or articles of incorporation or code of regulations or bylaws of the corporation issuing the certificate and the certificate itself provide that the shares represented thereby shall be transferable only on the books of the corporation or shall be registered by a registrar or transferred by a transfer agent.

      Sec.2.  Nothing in this act shall be construed as enlarging the powers of an infant or other person lacking full legal capacity, or of a trustee, executor, or administrator, or other fiduciary, to make a valid endorsement, assignment, or power of attorney.

      Sec.3.  Nothing in this act shall be construed as forbidding a corporation-

      (a) To recognize the exclusive right of a person registered on its books as the owner of shares to receive dividends, and to vote as such owner; or

      (b) To hold liable for calls and assessments a person registered on its books as the owner of shares.

      Sec.4.  The title of a transferee of a certificate under a power of attorney or assignment not written upon the certificate, and the title of any person claiming under such transferee, shall cease and determine if, at any time prior to the surrender of the certificate to the corporation issuing it, another person, for value in good faith, and without notice of the prior transfer, shall purchase and obtain delivery of such certificate with the endorsement of the person appearing by the certificate to be the owner thereof, or shall purchase and obtain delivery of such certificate and the written assignment or power of attorney of such person, though contained in a separate document.

      Sec.5.  The delivery of a certificate to transfer title in accordance with the provisions of section 1 is effectual, except as provided in section 7, though made by one having no right of possession and having no authority from the owner of the certificate or from the person purporting to transfer the title.

      Sec.6.  The endorsement of a certificate by the person appearing by the certificate to be the owner of the shares represented thereby is effectual, except as provided in section 7, though the endorser or transferor-

 

Transfer of stock certificates

 

 

 

 

 

 

 

 

 

 

Powers of certain persons not enlarged

 

 

Rights of corporations

 

 

 

 

When assignment of certificate terminates

 

 

 

 

 

 

 

Transfer effectual with certain exception


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

ê1945 Statutes of Nevada, Page 326 (Chapter 188, SB 66)ê

 

When endorsement effectual; exception

 

 

 

 

 

 

 

Unlawful methods of acquiring stock certificates

 

 

 

 

 

 

 

 

 

 

 

 

Stock rescinded or set aside

 

 

 

 

 

Obligation of owner concerning endorsement

represented thereby is effectual, except as provided in section 7, though the endorser or transferor-

      (a) Was induced by fraud, duress, or mistake, to make the endorsement or delivery; or

      (b) Has revoked the delivery of the certificate or the authority given by the endorsement or delivery of the certificate; or

      (c) Has died or become legally incapacitated after the endorsement, whether before or after the delivery of the certificate; or

      (d) Has received no consideration.

      Sec.7.  If the endorsement or delivery of a certificate-

      (a) Was procured by fraud or duress; or

      (b) Was made under such mistake as to make the endorsement or delivery inequitable; or

      If the delivery of a certificate was made-

      (c) Without authority from the owner; or

      (d) After the owner’s death or legal incapacity, the possession of the certificate may be reclaimed and the transfer thereof rescinded, unless-

      (1) The certificate has been transferred to a purchaser for value in good faith without notice of any facts making the transfer wrongful; or

      (2) The injured person has elected to waive the injury or has been guilty of laches in endeavoring to enforce his rights.

      Any court of appropriate jurisdiction may enforce specifically such right to reclaim the possession of the certificate or to rescind the transfer thereof and, pending litigation, may enjoin the further transfer of the certificate or impound it.

      Sec.8.  Although the transfer of a certificate or of shares represented thereby has been rescinded or set aside, nevertheless, if the transferee has possession of the certificate or of a new certificate representing part or the whole of the same shares of stock, a subsequent transfer of such certificate by the transferee, mediately or immediately, to a purchaser for value in good faith, without notice of any facts making the transfer wrongful, shall give such purchaser an indefeasible right to the certificate and the shares represented thereby.

      Sec.9.  The delivery of a certificate by the person appearing by the certificate to be the owner thereof without the endorsement requisite for the transfer of the certificate and the shares represented thereby, but with intent to transfer such certificate or shares, shall impose an obligation, in the absence of an agreement to the contrary, upon the person so delivering, to complete the transfer by making the necessary endorsement.


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

ê1945 Statutes of Nevada, Page 327 (Chapter 188, SB 66)ê

 

endorsement. The transfer shall take effect as of the time when the endorsement is actually made. This obligation may be specifically enforced.

      Sec.10.  An attempted transfer of title to a certificate or to the shares represented thereby without delivery of the certificate shall have the effect of a promise to transfer and the obligation, if any, imposed by such promise shall be determined by the law governing the formation and performance of contracts.

      Sec.11.  A person who for value transfers a certificate, including one who assigns for value a claim secured by a certificate, unless a contrary intention appears, warrants-

      (a) That the certificate is genuine;

      (b) That he has a legal right to transfer it; and

      (c) That he has no knowledge of any fact which would impair the validity of the certificate.

      In the case of an assignment of a claim secured by a certificate, the liability of the assignor upon such warranty shall not exceed the amount of the claim.

      Sec. 12.  A mortgagee, pledgee, or other holder for security of a certificate who in good faith demands or receives payment of the debt for which such certificate is security, whether from a party to a draft drawn for such debt, or from any other person, shall not by so doing be deemed to represent or to warrant the genuineness of such certificate, or the value of the shares represented thereby.

      Sec.13.  No attachment or levy upon shares of stock for which a certificate is outstanding shall be valid until such certificate be actually seized by the officer making the attachment or levy, or be surrendered to the corporation which issued it, or its transfer by the holder be enjoined. Except where a certificate is lost or destroyed, such corporation shall not be compelled to issue a new certificate for the stock until the old certificate is surrendered to it.

      Sec.14.  A creditor whose debtor is the owner of a certificate shall be entitled to such aid from courts of appropriate jurisdiction, by injunction and otherwise, in attaching such certificate or in satisfying the claim by means thereof as is allowed at law or in equity, in regard to property which cannot readily be attached or levied upon by ordinary legal process.

      Sec.15.  There shall be no lien in favor of a corporation upon the shares represented by a certificate issued by such corporation and there shall be no restriction upon the transfer of shares so represented by virtue of any bylaws of such corporation, or otherwise, unless the right of the corporation to such lien or the restriction is stated upon the certificate.

      Sec.16.  The alteration of a certificate, whether fraudulent or not and by whomsoever made, shall not deprive the owner of his title to the certificate and the shares originally represented thereby, and the transfer of such a certificate shall convey to the transferee a good title to such certificate and to the shares originally represented thereby.

 

 

Promise to transfer, how determined

 

 

Guaranty of transferer

 

 

 

 

 

 

 

 

Holder of certificate not liable for value of shares

 

 

When attachment or levy not valid

 

 

 

 

Creditor may invoke aid of court

 

 

 

No restrictions unless stated upon certificate


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ê1945 Statutes of Nevada, Page 328 (Chapter 188, SB 66)ê

 

Alteration of certificate not to affect owner

 

 

Method of procedure when certificate lost or destroyed

 

 

 

 

 

 

Corporation not relieved of liability

 

 

Certain laws to govern

 

 

 

 

Act interpreted and construed

When certificate considered endorsed

 

 

 

 

Original certificates may be transferred and retransferred

or not and by whomsoever made, shall not deprive the owner of his title to the certificate and the shares originally represented thereby, and the transfer of such a certificate shall convey to the transferee a good title to such certificate and to the shares originally represented thereby.

      Sec.17.  Where a certificate has been lost or destroyed, a court of competent jurisdiction may order the issue of a new certificate therefor on service of process upon the corporation and on reasonable notice by publication, and in any other way which the court may direct, to all persons interested, and upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient surety to be approved by the court to protect the corporation or any person injured by the issue of the new certificate from any liability or expense, which it or they may incur by reason of the original certificate remaining outstanding. The court may also in its discretion order the payment of the corporation’s reasonable costs and counsel fees.

      The issue of a new certificate under an order of the court as provided in this section shall not relieve the corporation from liability in damages to a person to whom the original certificate has been or shall be transferred for value without notice of the proceedings or of the issuance of the new certificate.

      Sec.18.  In any case not provided for by this act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent, executors, administrators, and trustees, and to the effect of fraud, misrepresentation, duress, or coercion, mistake, bankruptcy, or other invalidating cause, shall govern.

      Sec.19.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec.20.  A certificate is endorsed when an assignment or a power of attorney to sell, assign, or transfer the certificate or the shares represented thereby is written on the certificate and signed by the person appearing by the certificate to be the owner of the shares represented thereby, or when the signature of such person is written without more upon the back of the certificate. In any of such cases a certificate is endorsed though it has not been delivered.

      Sec.21.  The person to whom a certificate was originally issued is the person appearing by the certificate to be the owner thereof, and of the shares represented thereby, until and unless he endorses the certificate to another specified person, and thereupon such other specified person is the person appearing by the certificate to be the owner thereof until and unless he also endorses the certificate to another specified person.


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ê1945 Statutes of Nevada, Page 329 (Chapter 188, SB 66)ê

 

son. Subsequent special endorsements may be made with like effect.

      Sec. 22.  (1) In this act, unless the context or subject matter otherwise requires-

      “Certificate” means a certificate of stock in a corporation organized under the laws of the United States, or of the District of Columbia, or of another state whose laws are consistent with this act.

      “Delivery” means voluntary transfer of possession from one person to another.

      “Person” includes a corporation or partnership of two or more persons having a joint or common interest.

      “To purchase” includes to take as mortgagee or as pledgee.

      “Purchaser” includes mortgagee and pledgee.

      “Shares” means a share or shares of stock in a corporation organized under the laws of the United States, or of the District of Columbia, or of another state whose laws are consistent with this act.

      “State” includes state, territory, district, and insular possession of the United States.

      “Transfer” means transfer of legal title.

      “Title” means legal title, and does not include a merely equitable or beneficial ownership or interest.

      “Value” is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation whether for money or not, constitutes value where a certificate is taken either in satisfaction thereof or as security therefor.

      (2) A thing is done “in good faith,” within the meaning of this act, when it is in fact done honestly, whether it be done negligently or not.

      Sec.23.  The provisions of this act apply only to certificates issued after the taking effect of this act.

      Sec.24.  All acts or parts of acts inconsistent with this act are hereby repealed.

      Sec.25.  This act may be cited as the “Uniform Stock Transfer Act.”

 

Definitions of act

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provisions

 

Repeal

Citation of act

 

________

 

 


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ê1945 Statutes of Nevada, Page 330ê

CHAPTER 189, SB 721

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners to appoint general manager

 

 

 

 

 

 

 

 

 

 

 

 

 

Holder of public office not eligible

[Senate Bill No. 127–Senator Schuman]

 

Chap. 189–An Act to further 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, as the same has been heretofore amended.

 

[Approved March 22, 1945]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 17 of the above-entitled act, as heretofore amended, is further 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.


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ê1945 Statutes of Nevada, Page 331 (Chapter 189, SB 721)ê

 

      (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; provided, however, that the board of county commissioners shall have the power to sell any items of machinery, material, or supplies that are no longer required or of use in the plant or the operation thereof by reason of being superfluous, worn out, obsolete, or defective, without inviting bids on amounts less than five hundred ($500) dollars, and the further power to rent or purchase equipment or supplies, not in excess of five hundred ($500) dollars, and without submitting the proposition to the electors of the county at any election.

General manager may employ additional help

 

 

 

 

 

 

General manager to make monthly report

 

 

 

 

 

 

 

 

 

 

 

 

Board of managers may dismantle or salvage

 

When board of managers may call special election; proviso


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ê1945 Statutes of Nevada, Page 332 (Chapter 189, SB 721)ê

 

 

 

 

 

Rental from electric companies authorized, when

 

 

 

 

 

 

 

 

 

Penalty for violation

 

 

 

 

 

Disposition of revenue

 

 

 

 

 

 

 

 

 

 

Revolving fund

the operation thereof by reason of being superfluous, worn out, obsolete, or defective, without inviting bids on amounts less than five hundred ($500) dollars, and the further power to rent or purchase equipment or supplies, not in excess of five hundred ($500) dollars, and without submitting the proposition to the electors of the county at any election. The board of county commissioners shall have the power to rent from any other owner any transmission lines, power lines, machinery, equipment, or property, for a term not exceeding two years. The rents and rentals or charges reserved in any such contract shall be paid from time to time as an expense of operation of the Mineral County power system. No such contract shall be made by the board of county commissioners unless notice of intention to decide on the same shall be published in a weekly newspaper published in the county for two consecutive insertions fixing a date for a public hearing thereon which shall not be less than 15 days from the first publication and which shall briefly describe the property to be rented, and the rental charge and specify from whom to be rented; provided, however, all such contracts under five hundred ($500) dollars may be entered into without publication as aforesaid.

      (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.  Section 19 of the above-entitled act, as amended, is further amended to read as follows:

      Section 19.  All revenues derived from the operation of such system and not including taxes shall be paid to the treasurer of Mineral County, who shall place them in the “Light and Power Fund,” hereby created in the county treasury, and such fund shall be set aside and used exclusively for the maintenance and operation of the Mineral County power system. The board of county commissioners shall also, monthly, set aside such portion, being not less than ten percent (10%) of the net operating revenues of the system, together with eighty percent (80%) of the accumulated revenue of the system at the time of the passage and approval of this amendment, to establish a fund of not less than $75,000 to be used exclusively for repairs, replacement, and depreciation of the system, and said fund of $75,000 shall be maintained in the manner above described.

      All moneys in the said light and power fund remaining over and above the amounts required to be set aside as aforesaid, not exceeding $15,000, shall be used as a revolving fund for the maintenance, operation, and expansion of the Mineral County power system. Whenever such fund reaches

 

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