[Rev. 6/12/2018 10:44:03 AM--2017]

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ê1959 Statutes of Nevada, Page 601 (Chapter 393, SB 31)ê

 

      Sec. 3.  NRS 269.060 is hereby amended to read as follows:

      269.060  1.  The several town officers of this state are expressly prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever, any town warrants, scrip, orders, demands, claim or claims, or other evidences of indebtedness against the town.

      2.  Any town officer who violates any of the provisions of this section shall [,] be guilty of a gross misdemeanor and, upon conviction [for each offense,] thereof, shall be punished for each offense by a fine of not less than $500 nor more than $1,000, and imprisonment in the [state prison] county jail for a term not less than [2] 6 months nor more than [2 years.] 1 year. A conviction shall operate as a forfeiture of office, and the person convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.

      Sec. 4.  NRS 269.065 is hereby amended to read as follows:

      269.065  1.  All town officers are prohibited from purchasing or being interested in, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person or by agent or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand, or other evidences of indebtedness against the town, either directly or indirectly. No clerk or employee of any such officer or officers, nor the commissioners employed, or to be employed, to fund any town corporation indebtedness, shall be allowed to make any such purchase, sale or transfer, or to receive any agency from other persons to purchase, sell, transfer or bargain in any manner, for any town warrants, scrip, demands or other evidences of indebtedness against the town.

      2.  Any person who violates any of the provisions of this section shall [,] be guilty of a gross misdemeanor and, upon conviction [for each offense,] thereof, shall be punished for each offense by a fine of not less than $500 nor more than $1,000, and imprisonment in the [state prison] county jail for a term not less than [2] 6 months nor more than [2 years.] 1 year. A conviction shall operate as a forfeiture of office, and the person convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.

      Sec. 5.  NRS 269.240 is hereby amended to read as follows:

      269.240  1.  The boards of county commissioners of the various counties of this state are empowered to levy and collect a tax of not exceeding one-half of 1 percent upon the assessed value of property within any unincorporated city, town or village, for the benefit of the police department of such city, town or village.

      2.  The board of county commissioners shall prescribe the boundaries within which such tax shall be collected, but such boundaries shall not extend beyond the limits of such city, town or village.

      3.  The tax shall be assessed and collected at the same time and by the same officers who assess and collect state and county taxes, and under the same provisions of law, and shall be paid over to the county treasurer.

      4.  The county treasurer shall keep the moneys in a separate fund to be denominated the police department fund. No money shall be paid out of the police department fund, except by order of the county commissioners.


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ê1959 Statutes of Nevada, Page 602 (Chapter 393, SB 31)ê

 

missioners. The board shall have power to use the police department fund in paying the expenses of such police department within the boundaries of such city, town or village, as prescribed by the county commissioners. Any warrant drawn on the police department fund, when there is not sufficient money in the treasury to pay the whole amount of such warrant, shall be void.

      5.  The board of county commissioners of any county is empowered and required to appoint policemen, not exceeding 2 in number, in any unincorporated city, town or village, and to fix their compensation. [, not exceeding $150 per month.] The board of county commissioners may, at any time, remove such policemen and appoint others in their place, whenever the board shall deem it necessary for the public good. Such policemen shall serve within the limits of such unincorporated cities, towns and villages. The board shall have power to appoint such other special policemen as, in its judgment, the public safety may require, whose compensation shall [not exceed $4 per day or per night, as the case may be,] be fixed by the board, and who shall continue to serve only during the pleasure of the board. Such policemen and special policemen shall, within the limits of such unincorporated cities, towns and villages, be invested with all the powers of making arrests which are now exercised, or which may be hereafter exercised, by peace officers according to the laws of this state, and within the limits of any unincorporated cities, towns and villages, as aforesaid. [Any such policeman or peace officer may, on any day, and without a warrant, and at any time of the day or night, arrest a person.]

      6.  The provisions of this section shall not be enforced, or have effect, in any city, town or village within this state, unless a majority of the property holders of such city, town or village shall petition to the board of county commissioners of the county wherein such city, town or village is situated, setting forth the following facts:

      (a) That the petition contains the names of the majority of the property holders of such city, town or village, as the case may be.

      (b) That they request the appointment of such policemen and the levying of a tax of one-half of 1 percent as a compensation therefor, as provided in this section.

      7.  Upon the presentation of a petition, in compliance with the provisions of subsection 6, the board of county commissioners in which county such city, town or village is situated shall levy the tax and make the appointment of one or more policemen, in accordance with the request of the petition.

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

 

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ê1959 Statutes of Nevada, Page 603ê

 

CHAPTER 394, SB 273

Senate Bill No. 273–Committee on Judiciary

CHAPTER 394

AN ACT to amend chapter 162 of NRS, relating to fiduciaries, by creating new provisions concerning transfers of securities to and by fiduciaries and liabilities with respect thereto; by defining certain terms; and by providing other matters properly relating thereto; to amend NRS section 162.010, relating to citation of chapter 162 of NRS, to provide for citation of NRS sections 162.010 to 162.140, inclusive; and to repeal NRS section 162.040, relating to registration of transfers of securities held by fiduciaries.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  Chapter 162 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 12, inclusive, unless the context otherwise requires:

      1.  “Assignment” includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer.

      2.  “Claim of beneficial interest” includes a claim of any interest by a decedent’s legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on his behalf, and includes a claim that the transfer would be in breach of fiduciary duties.

      3.  “Corporation” means a private or public corporation, association or trust issuing a security.

      4.  “Fiduciary” means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee.

      5.  “Person” includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.

      6.  “Security” includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation.

      7.  “Transfer” means a change on the books of a corporation in the registered ownership of a security.

      8.  “Transfer agent” means a person employed or authorized by a corporation to transfer securities issued by the corporation.

      Sec. 3.  A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent or correct description of the fiduciary relationship, and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security.


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ê1959 Statutes of Nevada, Page 604 (Chapter 394, SB 273)ê

 

      Sec. 4.  Except as otherwise provided in sections 2 to 12, inclusive, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:

      1.  May assume without inquiry that the assignment, even though to the fiduciary himself or to his nominee, is within his authority and capacity and is not in breach of his fiduciary duties.

      2.  May assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer.

      3.  Is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession.

      Sec. 5.  A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency:

      1.  In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within 60 days before the transfer.

      2.  In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate. Corporations and transfer agents may adopt standards with respect to evidence of appointment or incumbency under this subsection if such standards are not manifestly unreasonable. Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to this subsection except to the extent that the contents relate directly to the appointment or incumbency.

      Sec. 6.  1.  A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner and the issue of which the security is a part, provides an address for communications directed to the claimant and is received before the transfer. Nothing in sections 2 to 12, inclusive, relieves the corporation or transfer agent of any liability for making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized in subsection 2.

      2.  As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by him. If the corporation or transfer agent so mails such a notice it shall withhold the transfer for 30 days after the mailing and shall then make the transfer unless restrained by a court order.


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ê1959 Statutes of Nevada, Page 605 (Chapter 394, SB 273)ê

 

      Sec. 7.  A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by sections 2 to 12, inclusive.

      Sec. 8.  1.  No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary, including a person who guarantees the signature of the fiduciary, is liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves such a breach unless it is shown that he acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary or that the transaction was otherwise in breach of duty.

      2.  If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent by reason of the provisions of sections 2 to 12, inclusive, incurs no liability.

      3.  This section does not impose any liability upon the corporation or its transfer agent.

      Sec. 9.  1.  The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized.

      2.  The provisions of sections 2 to 12, inclusive, apply to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in this state in connection with the acquisition, disposition, assignment or transfer of a security by or to a fiduciary and of a person who guarantees in this state the signature of a fiduciary in connection with such a transaction.

      Sec. 10.  Sections 2 to 12, inclusive, do not affect any obligation of a corporation or transfer agent with respect to any taxes imposed by the laws of this state.

      Sec. 11.  Sections 2 to 12, inclusive, shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 12.  Sections 2 to 12, inclusive, may be cited as the Act for Simplification of Fiduciary Security Transfers.

      Sec. 13.  NRS 162.010 is hereby amended to read as follows:

      162.010  [This chapter] NRS 162.010 to 162.140, inclusive, may be cited as the Uniform Fiduciaries Act.

      Sec. 14.  NRS 162.040 is hereby repealed.

      Sec. 15.  This act shall become effective upon passage and approval.

 

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ê1959 Statutes of Nevada, Page 606ê

 

CHAPTER 395, SB 278

Senate Bill No. 278–Senators Brown and Echeverria

CHAPTER 395

AN ACT to amend chapter 127 of NRS, relating to adoption of children, by establishing the procedure for and allowing the adoption of adult persons; and by providing other matters properly relating thereto.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  The provisions of NRS 127.010 to 127.180, inclusive, govern the adoption of minor children, and the provisions of sections 2 to 5, inclusive, of this act, and the provisions of NRS 127.010 to 127.180, inclusive, where not inconsistent with the provisions of this act, govern the adoption of adult persons.

      Sec. 3.  1.  Notwithstanding any other provision of law, any adult person may adopt any other adult person younger than himself, except the spouse of the adopting person, by an agreement of adoption approved by a decree of adoption of the district court in the county in which either the person adopting or the person adopted resides.

      2.  The agreement of adoption shall be in writing and shall be executed by the person adopting and the person to be adopted, and shall set forth that the parties agree to assume toward each other the legal relation of parent and child, and to have all of the rights and be subject to all of the duties and responsibilities of that relation.

      Sec. 4.  1.  A married person not lawfully separated from his spouse may not adopt an adult person without the consent of the spouse of the adopting person, if such spouse is capable of giving such consent.

      2.  A married person not lawfully separated from his spouse may not be adopted without the consent of the spouse of the person to be adopted, if such spouse is capable of giving such consent.

      3.  Neither the consent of the natural parent or parents of the person to be adopted, nor of the state welfare department, nor of any other person is required.

      Sec. 5.  1.  The adopting person and the person to be adopted may file in the district court in the county in which either resides a petition praying for approval of the agreement of adoption by the issuance of a decree of adoption.

      2.  The court shall fix a time and place for hearing on the petition, and both the person adopting and the person to be adopted shall appear at the hearing in person, but if such appearance is impossible or impractical, appearance may be made for either or both of such persons by counsel empowered in writing to make such appearance.

      3.  The court may require notice of the time and place of the hearing to be served on other interested persons, and any such interested person may appear and object to the proposed adoption.

      4.  No investigation or report to the court by any public officer is required, but the court may require the state welfare department to investigate the circumstances and report thereon, with recommendations, to the court prior to the hearing.


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ê1959 Statutes of Nevada, Page 607 (Chapter 395, SB 278)ê

 

      5.  At the hearing the court shall examine the parties, or the counsel of any party not present in person. If the court is satisfied that the adoption will be for the best interests of the parties and in the public interest, and that there is no reason why the petition shall not be granted, the court shall approve the agreement of adoption, and enter a decree of adoption declaring that the person adopted is the child of the person adopting him. Otherwise, the court shall withhold approval of the agreement and deny the prayer of the petition.

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

 

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CHAPTER 396, SB 308

Senate Bill No. 308–Senator Slattery

CHAPTER 396

AN ACT to amend NRS sections 78.720 and 150.220, relating to the amount of wage claims accorded priority in the dissolution of a corporation and in the order of payment of such claims in the administration of an estate, by providing a uniform amount for such claims; to amend NRS sections 372.565 and 612.650, relating to the subordination of certain claims to claims for sales and use taxes and the priority unemployment compensation contributions upon the distribution of an employer’s assets, by providing that wage claims shall have priority over unpaid sales and use taxes and unemployment compensation contributions.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 78.720 is hereby amended to read as follows:

      78.720  1.  Whenever any corporation, formed under the provisions of this chapter, or any prior act, shall become insolvent, or be dissolved in any way or for any cause, the employees doing labor or service, of whatever character, in the regular employ of the corporation, shall have a lien upon the assets thereof for the amount of wages due to them, not exceeding [2 months’ wages, respectively,] $600, which have been earned within 3 months before the date of insolvency, which shall be paid prior to any other debt or debts of the corporation.

      2.  The word “employees” shall not be construed to include any of the officers of the corporation.

      Sec. 2.  NRS 150.220 is hereby amended to read as follows:

      150.220.  The debts and charges of the estate shall be paid in the following order:

      1.  Funeral expenses.

      2.  The expenses of the last sickness.

      3.  Family allowance.

      4.  Debts having preference by laws of the United States.

      5.  Wages to the extent of [$200,] $600, of each employee of the decedent, for work done or personal services rendered within [90 days] 3 months prior to the death of the employer. If there is not sufficient money with which to pay all such labor claims in full, the money available must be distributed among the claimants in accordance with the amounts of their respective claims.

      6.  Judgments rendered against the deceased in his lifetime, and mortgages in order of their date.


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ê1959 Statutes of Nevada, Page 608 (Chapter 396, SB 308)ê

 

mortgages in order of their date. The preference given to a mortgage shall only extend to the proceeds of the property mortgaged. If the proceeds of such property be insufficient to pay the mortgage, the part remaining unsatisfied shall be classed with other demands against the estate.

      7.  All other demands against the estate.

      Sec. 3.  NRS 372.565 is hereby amended to read as follows:

      372.565  1.  The amounts required to be paid by any person under this chapter together with interest and penalties shall be satisfied first in any of the following cases:

      (a) Whenever the person is insolvent.

      (b) Whenever the person makes a voluntary assignment of his assets.

      (c) Whenever the estate of the person in the hands of executors, administrators or heirs is insufficient to pay all the debts due from the deceased.

      (d) Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount under this chapter are levied upon by process of law.

      2.  This section does not give the state a preference over any recorded lien which attached prior to the date when the amounts required to be paid become a lien; or preference over costs of administration, funeral expenses, expenses of last illness, family allowances, debts preferred by the laws of the United States or wages as provided in NRS 100.010, 100.020 and 150.220.

      Sec. 4.  NRS 612.650 is hereby amended to read as follows:

      612.650  1.  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, the lien for contributions then due shall be paid in full, prior to all other liens or claims except prior taxes and liens which have been recorded prior to the time the contributions became due [.] and claims for remuneration for services of not more than $600 to each claimant, earned within 3 months of commencement of the proceeding.

      2.  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.

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

 

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ê1959 Statutes of Nevada, Page 609ê

 

CHAPTER 397, SB 334

Senate Bill No. 334–Committee on Legislative Functions

CHAPTER 397

AN ACT to amend NRS sections 220.050, 220.130 and 220.150, relating to employees of the statute revision commission, to the printing, binding, sale and master copy of the Nevada Revised Statutes and to the statute revision commission printing and binding fund, by providing for unclassified employees; by allowing sale of individual volumes, parts or pages of the Nevada Revised Statutes; and by providing that any unexpended balances of appropriations made to the statute revision commission shall be transferred to such fund.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 220.050 is hereby amended to read as follows:

      220.050  1.  The commission is authorized to employ:

      (a) Necessary clerical assistants.

      (b) Necessary assistants in drafting and research who shall be familiar with methods of compilation and drafting of laws.

      2.  Necessary clerical assistants shall be compensated at the same rate as are other state employees of comparable positions. The compensation of necessary assistants in drafting and research shall be fixed by the commission.

      3.  Notwithstanding the provisions of chapter 284 of NRS, the commission may employ four persons who shall be in the unclassified service of the state.

      Sec. 2.  NRS 220.130 is hereby amended to read as follows:

      220.130  1.  Upon completion of Nevada Revised Statutes, the commission is authorized and directed to have the same printed, lithoprinted or reproduced by any other process at the state printing office. Sufficient copies of each page shall be printed or reproduced so that there shall be bound 2,500 copies of each volume of Nevada Revised Statutes, and 1,000 copies of each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provisions and the digest of cases decided by the Nevada supreme court.

      2.  Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and retained by the director for safekeeping and disposition. The secretary of state shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the general fund.

      3.  A master copy of Nevada Revised Statutes shall be kept in the office of the commission, and the master copy shall not be removed from the office except in the custody of a member of the commission or the director thereof.

      Sec. 3.  NRS 220.150 is hereby amended to read as follows:

      220.150  Notwithstanding any [of the provisions of chapter 294, Statutes of Nevada 1953, at page 460, chapter 324, Statutes of Nevada 1955, at page 536, chapter 9, Statutes of Nevada 1956, at page 11, and chapter 66, Statutes of Nevada 1957,] other provision of law, any unexpended balances of the appropriations made to the commission [by section 41 of chapter 294, Statutes of Nevada 1953, at page 463, section 40 of chapter 324, Statutes of Nevada 1955, at page 538, chapter 9, Statutes of Nevada 1956, at page 11, and chapter 66, Statutes of Nevada 1957,] shall not revert to the general fund [on July 1, 1957,] at the end of any fiscal year, but shall be placed to the credit of the commission in the state treasury in a fund hereby created and designated as the statute revision commission printing and binding fund, which fund shall be used only for the payment of the costs of printing and binding of the Nevada Revised Statutes, supplements thereto, annotations and digest and supplements thereto, together with necessary equipment and services directly connected therewith, in the manner provided by this chapter.


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ê1959 Statutes of Nevada, Page 610 (Chapter 397, SB 334)ê

 

chapter 66, Statutes of Nevada 1957,] other provision of law, any unexpended balances of the appropriations made to the commission [by section 41 of chapter 294, Statutes of Nevada 1953, at page 463, section 40 of chapter 324, Statutes of Nevada 1955, at page 538, chapter 9, Statutes of Nevada 1956, at page 11, and chapter 66, Statutes of Nevada 1957,] shall not revert to the general fund [on July 1, 1957,] at the end of any fiscal year, but shall be placed to the credit of the commission in the state treasury in a fund hereby created and designated as the statute revision commission printing and binding fund, which fund shall be used only for the payment of the costs of printing and binding of the Nevada Revised Statutes, supplements thereto, annotations and digest and supplements thereto, together with necessary equipment and services directly connected therewith, in the manner provided by this chapter.

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

 

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CHAPTER 398, SB 345

Senate Bill No. 345–Senator Brown

CHAPTER 398

AN ACT to amend chapter 258 of NRS, relating to constables, by creating a new section prescribing the fees of constables of Clark County, Nevada.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  Chapter 258 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Constables of Clark County shall be allowed the following fees for their services:

 

For serving summons or other process by which suit is commenced in civil cases..........................................................................................................   $1.00

For summoning a jury before a justice of the peace.................................     2.00

For taking a bond or undertaking................................................................     1.00

For serving an attachment against the property of a defendant............     2.00

For serving subpenas, for each witness.......................................................       .25

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio...........................................................       .20

For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof......................     5.00

For each certificate of sale of real property under execution................     1.00

For levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons .......................................................................................................... 2.00

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper..........     2.00

 


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ê1959 Statutes of Nevada, Page 611 (Chapter 398, SB 345)ê

 

For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only................................................................   $0.50

But when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.

 

      2.  A constable shall also be allowed:

      (a) For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the writ or order, upon the affidavit of the constable that such charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution, to be charged against the defendant, 2 percent thereof.

      (c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

      3.  Deputy sheriffs acting as constables shall not be entitled to retain for their own use any fees collected by them, but the same shall be paid into the county treasury on or before the 5th day of the month next succeeding the month in which the fees were collected.

      4.  Constables shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

 

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CHAPTER 399, AB 198

Assembly Bill No. 198–Mr. Monaghan (by request)

CHAPTER 399

AN ACT to amend NRS section 354.300, relating to annual statements of county auditors, by incorporating therein certain provisions contained in NRS section 361.740, relating to quarterly and annual financial reports of county auditors; to repeal NRS section 361.740; and by providing other matters properly relating thereto.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 354.300 is hereby amended to read as follows:

      354.300  1.  [On or before the 3rd Monday of July of each year the county auditor shall submit to the board of county commissioners and to the superintendent of banks at Carson City, Nevada, with no additional compensation therefor, a statement containing the information required by NRS 354.290, summarized for the four preceding quarters and covering the fiscal year. The summary statement shall be made up on forms prescribed and furnished by the superintendent of banks, and shall be made a part of the annual report of the county auditor.] On or before the 3rd Monday of July of each year the county auditor shall, with no additional compensation therefor, submit an annual report to the board of county commissioners and to the superintendent of banks at Carson City, Nevada.


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ê1959 Statutes of Nevada, Page 612 (Chapter 399, AB 198)ê

 

intendent of banks at Carson City, Nevada. The annual report shall include, among other things, a statement containing the information required by NRS 354.290, summarized for the four preceding quarters and covering the fiscal year. The summary statement shall be made up on forms prescribed by the superintendent of banks.

      2.  The county auditor shall cause a reasonable number of copies of his annual report to be printed in pamphlet form for the use of the taxpayers of the county.

      [2.]3.  If any county auditor refuses, fails or neglects to furnish the statement, in the time and manner required, to the superintendent of banks, the superintendent of banks shall secure such statement from the county on or before August 1 by investigation either by himself or by some competent person deputized by him, and the cost of securing it shall be a legal charge against the delinquent county auditor.

      [3.]4.  This section shall be considered mandatory, and any county auditor failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.

      Sec. 2.  NRS 361.740 is hereby repealed.

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

 

________

 

 

CHAPTER 400, AB 259

Assembly Bill No. 259–Clark County and Washoe County Delegations

CHAPTER 400

AN ACT appropriating the sum of $550,000 from the general fund of the state for the purpose of the design, construction and minimum furnishing of a combined classroom and physical education building at Nevada Southern in Clark County, Nevada; specifying the powers, duties and requirements of the state planning board and the board of regents of the University of Nevada; and other matters properly relating thereto.

 

[Approved April 2, 1959]

 

      Whereas, The Northwest Association of Secondary and Higher Schools, a regional educational accrediting association for the Nevada area, has accredited Nevada Southern as a branch of the University of Nevada for educational service to the people of the southern part of our State; and

      Whereas, During the course of its investigation and report thereon, the Northwest Association of Secondary and Higher Schools observed that there is a definite lack of facilities and building space at Nevada Southern, resulting in some classes being conducted in public school buildings and precluding attendance of some persons who would otherwise be students at Nevada Southern; and

      Whereas, The accreditation heretofore given may be withdrawn in 1961 unless positive action is taken to alleviate the crowded conditions at Nevada Southern; and


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

ê1959 Statutes of Nevada, Page 613 (Chapter 400, AB 259)ê

 

      Whereas, Preliminary plans for an additional building at Nevada Southern have already been prepared at the request of the state planning board; now, therefore,

 

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

do enact as follows:

 

      Section 1.  For the support of the state planning board in carrying out the design and construction and minimum furnishing of a combined classroom and physical education building at Nevada Southern in Clark County, Nevada, there is hereby appropriated from the general fund in the state treasury the sum of $550,000.

      Sec. 2.  The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to design, contract administration, construction, equipment and minimum furnishings provided for in this act.

      Sec. 3.  The board of regents of the University of Nevada and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications for the whole or part or parts of the construction, equipment and minimum furnishings shall be approved by the board of regents of the University of Nevada and each contract shall be approved by the attorney general before any such contract may be let.

      Sec. 4.  The state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the combined classroom and physical education building herein designated. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction, equipment and minimum furnishings, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 614ê

 

CHAPTER 401, AB 358

Assembly Bill No. 358–Mr. Ryan

CHAPTER 401

AN ACT to amend NRS sections 616.580 and 616.615, relating to permanent total disability compensation and death benefits under the Nevada Industrial Insurance Act, by raising the limit on the amount of monthly wages taken into account in computing such compensation and benefits.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 616.580 is hereby amended to read as follows:

      616.580  Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for permanent total disability:

      1.  In cases of total disability adjudged to be permanent, compensation of 65 percent of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman at the time of the injury, an additional 15 percent for each dependent, but not more than 90 percent of the average monthly wage. Any excess of wages over [$230] $250 a month shall not be taken into account in computing such compensation.

      2.  In cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of $50 per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of NRS 616.410 and 616.415.

      Sec. 2.  NRS 616.615 is hereby amended to read as follows:

      616.615  If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:

      1.  Burial expenses. In addition to the compensation payable under this chapter, burial expenses not to exceed $500. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation shall be borne by the commission, subject to its approval, provided, such transportation shall not be beyond the continental limits of the United States.

      2.  Widow without children. To the widow, if there is no child, 50 percent of the average monthly wage of the deceased. This compensation shall be paid until her death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      3.  Widower without children. To the widower, if there is no child, 40 percent of the average monthly wage of the deceased employee, if wholly dependent for support upon the deceased employee at the time of her death.


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

ê1959 Statutes of Nevada, Page 615 (Chapter 401, AB 358)ê

 

of her death. This compensation shall be paid until his death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      4.  Widow or widower with children.

      (a) To the widow or widower, if there is a child or children, the compensation payable under subsection 1 and subsection 2, and the additional amount of 15 percent of such wage for each child until the child reaches the age of 18 years.

      (b) In case of the subsequent death of the surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to the surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he or they shall reach the age of 18 years; but the total amount payable shall in no case exceed 80 percent of such wage.

      (c) If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to the guardian.

      (d) The compensation payable on account of any child shall cease when he dies, marries or reaches the age of 18 years, or if over 18 years and incapable of self-support, when he becomes capable of self-support.

      5.  Surviving children but no surviving wife or dependent husband. If there be a surviving child or children of the deceased employee under the age of 18 years, but no surviving wife (or dependent husband), then for the support of each child until he reaches the age of 18 years, 30 percent of the average monthly wage of the deceased employee; but the aggregate shall in no case exceed 90 percent of such wage.

      6.  Dependent parents, brothers and sisters. If there be no surviving wife (or dependent husband) or child under the age of 18 years, there shall be paid:

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 50 percent of the average monthly wage of the deceased employee during dependency.

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.

      (d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) of subsection 6 shall in no case exceed 80 percent of the average monthly wage of the deceased employee during dependency.

      7.  Questions of total or partial dependency.

      (a) In all other cases, a question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to such partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.


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

ê1959 Statutes of Nevada, Page 616 (Chapter 401, AB 358)ê

 

causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to such partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.

      (c) The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.

      8.  Apportionment of death benefit between dependents. Compensation to the widow or widower shall be for the use and benefit of the widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      9.  Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only 50 percent of the amount or amounts specified in this section.

      10.  Excess of wage not considered in computing death benefit. Any excess of wages over [$200] $225 a month shall not be taken into account in computing compensation for death benefits.

      11.  Lump sum settlements not allowed. In cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlement shall be allowed.

      12.  Funeral expenses of dependent dying before expiration of award. In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed $500 shall be paid.

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

 

________

 

 

CHAPTER 402, AB 367

Assembly Bill No. 367–Messrs. Bastian, Knisley, Berrum and Humphrey (Washoe)

CHAPTER 402

AN ACT to amend NRS sections 585.200, 585.230 and 600.050, relating to the commissioner and administration of food and drugs and the filing and publication of trade-marks or trade names, by transferring the administration of food and drug control to the state department of health; and by providing for the appointment of the commissioner of food and drugs by the state board of health; to amend chapter 439 of NRS relating to the administration of public health, by providing that the state board of health appoint the commissioner of food and drugs; to repeal NRS section 396.670, relating to the commissioner of food and drugs; providing for the transfer of personnel and property to the state department of health; by providing for the classification of personnel without examination; and by providing other matters properly relating thereto.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 585.200 is hereby amended to read as follows:

      585.200  The [president and the board of regents of the University of Nevada] state board of health shall designate and appoint, for the enforcement of this chapter, a commissioner and such other agents as they may deem necessary.


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

ê1959 Statutes of Nevada, Page 617 (Chapter 402, AB 367)ê

 

of Nevada] state board of health shall designate and appoint, for the enforcement of this chapter, a commissioner and such other agents as they may deem necessary.

      Sec. 2.  NRS 585.230 is hereby amended to read as follows:

      585.230  1.  The commissioner shall keep a record of adulterated, mislabeled or misbranded foods, drugs, devices and cosmetics, in which record shall be included a list of cases examined and violations found and a list of the articles found adulterated, mislabeled or misbranded and the name of the manufacturers, producers, jobbers and sellers.

      2.  The record, or any parts thereof, may, in the discretion of the commissioner, be included in the biennial report which the commissioner is authorized to make to the [president of the University of Nevada.] state board of health.

      3.  The commissioner may also cause to be disseminated such information regarding foods, drugs, devices and cosmetics as he deems necessary in the interest of public health and the protection of the consumer against fraud.

      Sec. 3.  NRS 600.050 is hereby amended to read as follows:

      600.050  Any person:

      1.  Engaged in the manufacture, packing, canning, bottling or selling of any substance in containers with his name or other mark or device impressed or produced thereon; or

      2.  Whose equipment or supplies, owned by him and used in his business, is marked or branded with a name or other mark or device impressed or produced thereon,

may file in the office of the county clerk of any county of this state and also in the office of the commissioner of [the department of food and drug control, public service division, University of Nevada,] food and drugs, a description of the name, mark or device so used; and may also cause such description to be published once a week for 3 successive weeks in a newspaper published in the county in which the description may have been filed.

      Sec. 4.  Chapter 439 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As provided in chapter 585 of NRS, the state board of health shall designate and appoint, for the enforcement of chapter 585 of NRS, a commissioner and such other agent or agents as they may deem necessary.

      Sec. 5.  NRS 396.670 is hereby repealed.

      Sec. 6.  1.  Any office, field and laboratory personnel employed by the commissioner of food and drugs and engaged in the administration and execution of the provisions of chapters 584, 585 and 586 of NRS who are transferred to the state department of health, notwithstanding the provisions of chapter 284 of NRS, or of any other law, shall be employees of such department and shall be in the classified service of the state, and such personnel shall not be reqired to take competitive examinations to secure such classification.

      2.  All property, supplies, equipment, funds, records, papers, files and registers of the commissioner of food and drugs and of the public service department of food and drug control of the public service division of the University of Nevada, used in carrying out the provisions of chapters 584, 585 and 586 of NRS, are hereby transferred to the state department of health.


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

ê1959 Statutes of Nevada, Page 618 (Chapter 402, AB 367)ê

 

sions of chapters 584, 585 and 586 of NRS, are hereby transferred to the state department of health.

 

________

 

 

CHAPTER 403, AB 368

Assembly Bill No. 368–Messrs. Bastian, Knisley, Berrum and Humphrey (Washoe)

CHAPTER 403

AN ACT to amend NRS sections 396.600, 581.030, 581.040, 581.060, 590.100 and 590.130, relating to the public service division of the University of Nevada, the state sealer of weights and measures and the petroleum products inspection fund, by removing the administration of food and drug control and weights and measures from the University of Nevada and placing the administration of weights and measures in the state board of stock commissioners; by permitting the Nevada highway patrol to take petroleum samples; by providing that petroleum inspection fees be placed in the general fund; by transferring the personnel, equipment, funds and records of the state sealer of weights and measures to the state board of stock commissioners; by providing for the classification of personnel without examination; by making an appropriation; to amend chapter 561 of NRS, relating to the state board of stock commissioners, by providing that the executive officer of such board is the ex officio state sealer of weights and measures; to repeal NRS section 396.680 relating to the appointment of the state sealer of weights and measures; and by providing other matters properly relating thereto.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 396.600 is hereby amended to read as follows:

      396.600  The public service division of the University of Nevada shall consist of the following public service departments:

      1.  State analytical laboratory.

      [2.  Food and drug control.

      3.  Weights and measures.

      4.]2.  Agricultural extension.

      [5.]3.  Agricultural experiment station.

      Sec. 2.  NRS 581.030 is hereby amended to read as follows:

      581.030  The [commissioner of food and drugs appointed by the president and board of regents of the University of Nevada] executive officer of the state board of stock commissioners is hereby designated and constituted ex officio state sealer of weights and measures, and [shall be] is charged with the proper enforcement of the provisions of this chapter.

      Sec. 3.  NRS 581.040 is hereby amended to read as follows:

      581.040  Subject to the approval of the [board of regents of the University of Nevada,] state board of stock commissioners, the state sealer of weights and measures may appoint such deputies as he may deem necessary.

      Sec. 4.  NRS 581.060 is hereby amended to read as follows:

      581.060  The state sealer of weights and measures shall keep a record of all weights, measures, balances or other devices calibrated or tested as provided for in this chapter, and such record or any parts thereof shall be included in the biennial report which the state sealer of weights and measures is hereby authorized and directed to make to the [president of the University of Nevada.]


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

ê1959 Statutes of Nevada, Page 619 (Chapter 403, AB 368)ê

 

thereof shall be included in the biennial report which the state sealer of weights and measures is hereby authorized and directed to make to the [president of the University of Nevada.] state board of stock commissioners.

      Sec. 5.  NRS 590.100 is hereby amended to read as follows:

      590.100  The state sealer of weights and measures is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and shall have the following powers and duties:

      1.  He may, with the approval of the [board of regents of the University of Nevada,] state board of stock commissioners, designate such appointees as he may deem necessary to assist him in carrying out the provisions of NRS 590.010 to 590.150, inclusive.

      2.  He shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of NRS 590.010 to 590.150, inclusive.

      3.  He, or his appointees, shall inspect and check the accuracy of all petroleum products measuring devices maintained in this state, and shall seal all such devices whose tolerances are found to be within those prescribed by the National Bureau of Standards.

      4.  He, or his appointees, or any member of the Nevada highway patrol, may take such sample or samples as he may deem necessary of any petroleum, or any product thereof, when the same is kept, transported or stored within the State of Nevada. It is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the state sealer of weights and measures, or his appointees, or any member of the Nevada highway patrol, in the State of Nevada, to take such sample or samples, or to prevent or to attempt to prevent the state sealer of weights and measures, or his appointees, or any member of the Nevada highway patrol, from taking the same. If the person, or any officer, agent or employee thereof, from which such sample is taken [shall] at the time of taking [demand] demands payment, then the person taking such sample shall pay therefor the reasonable market price for the quantity and commodity so taken.

      5.  He, or his appointees, may close and seal the outlets of any unlabeled or mislabeled containers, pumps or storage tanks connected thereto or which contain any petroleum product which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a conspicuous place on the premises where such containers, pumps or storage tanks have been sealed, a notice stating that such action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.

      6.  He, or his appointees, shall, upon at least 24 hours’ notice to the owner, manager, operator or attendant of the premises where such container, pump or storage tank has been sealed as herein provided, and at the time specified by such notice, break the seal for the purpose of permitting the removal of the contents of such container, pump or storage tank. If the contents are not immediately and completely removed, the container, pump or storage tank shall be again sealed as herein provided.


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

ê1959 Statutes of Nevada, Page 620 (Chapter 403, AB 368)ê

 

      Sec. 6.  NRS 590.130 is hereby amended to read as follows:

      590.130  [1.]  All inspection fees received by the state treasurer shall be placed in [a special revolving fund to be designated the petroleum products inspection fund, from which fund all bills and expenses of whatever nature incurred in the enforcement of NRS 590.010 to 590.150, inclusive, shall be paid.

      2.  All revenues derived under authority of NRS 590.010 to 590.150, inclusive, shall be used for the enforcement thereof, and any moneys remaining in the petroleum products inspection fund at the end of a budgeted biennium shall be used to procure and maintain suitable office quarters for the state sealer of weights and measures.

      3.  Vouchers for all expenses of whatever nature incurred by the state sealer of weights and measures in carrying out and enforcing the provisions of NRS 590.010 to 590.150, inclusive, when approved by the state sealer of weights and measures, shall be forwarded monthly to the state board of examiners for audit and approval, and when audited and approved shall be certified to the state controller, who shall draw warrants upon the state treasurer for such expenses, specifying that the warrants are to be paid from the petroleum products inspection fund. The state treasurer shall thereupon pay such expenses out of the petroleum products inspection fund.] the general fund in the state treasury, and all expenses incurred in carrying out the provisions of NRS 590.010 to 590.150, inclusive, shall be paid out of funds provided by direct legislative appropriation.

      Sec. 7.  Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As provided in chapter 581 of NRS, the executive officer of the state board of stock commissioners is designated and appointed ex officio state sealer of weights and measures and is charged with the proper enforcement of the provisions of chapter 581 of NRS.

      Sec. 8.  1.  All property, equipment, supplies, funds, records, documents, papers, files and registers of the state sealer of weights and measures, employed or used in the administration of chapters 581, 582 or 590 of NRS, are hereby transferred to the state board of stock commissioners.

      2.  Any office, field and laboratory personnel employed by the state sealer of weights and measures and engaged in carrying out the provisions of chapters 581, 582 or 590 of NRS who are transferred to the state board of stock commissioners, notwithstanding the provisions of chapter 284 of NRS, or any other law, shall be employees of such board and shall be in the classified service of the state, and such personnel shall not be required to take competitive examinations in order to secure such classification.

      Sec. 9.  NRS 396.680 is hereby repealed.

      Sec. 10.  There is hereby appropriated from the general fund in the state treasury the sum of $20,000 to the state board of stock commissioners, for the exclusive purpose of acquiring additional equipment and supplies for a chemistry laboratory in the state department of agriculture.

 

________

 

 


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ê1959 Statutes of Nevada, Page 621ê

 

CHAPTER 404, AB 390

Assembly Bill No. 390–Messrs. Buckingham and Pasquale

CHAPTER 404

AN ACT to amend chapter 269 of NRS, relating to unincorporated towns, by prohibiting any political subdivision of this state from adopting, as its official name, the official name of any town in the state.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      It is unlawful for any political subdivision of the State of Nevada to adopt as its official name a name previously officially adopted by any town in this state.

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

 

________

 

 

CHAPTER 405, AB 393

Assembly Bill No. 393–Clark County Delegation

CHAPTER 405

AN ACT to amend an act entitled “An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, as amended.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  Section 10 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 338, Statutes of Nevada 1955, at page 562, is hereby amended to read as follows:

      Section 10.  Mayor, Commissioners, and Municipal Judge-Salary of.  From and after the first Monday of [April, 1955,] July 1959, the elected city officials of the city of Las Vegas shall receive the following salaries and compensations: The mayor of the city of Las Vegas shall receive as remuneration for his services the sum of [$2,400] $6,000 per annum; each of the commissioners shall receive the sum of [$1,800] $4,200 per annum; the city attorney shall receive such sum as may be determined by the mayor and board of commissioners which shall not be less than [$6,000] $7,500 nor more than [$7,500] $10,000 per annum; the judge of the municipal court shall receive such sum as may be determined by the mayor and board of commissioners which shall not be less than [$3,600] $7,500 nor more than [$6,000] $10,000 per annum; which shall be full compensation for all services rendered said city.

      Sec. 2.  This act shall become effective on July 6, 1959.

 

________

 

 


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

ê1959 Statutes of Nevada, Page 622ê

 

CHAPTER 406, AB 436

Assembly Bill No. 436–Messrs. Bailey, Humphrey (Washoe) and Swanson

CHAPTER 406

AN ACT to amend NRS section 387.200, relating to the duties of the Nevada tax commission in determining the average ratio of assessed valuation to true valuation of property and the computation of the proceeds of the mandatory school district tax for purposes of apportionments of the state distributive school fund, by changing the method of computing the proceeds of the mandatory school district tax; and by providing other matters properly relating thereto.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 387.200 is hereby amended to read as follows:

      387.200  1.  Not later than July 1, [1957,] 1959, and not later than July 1 of each year thereafter, the Nevada tax commission shall:

      (a) Determine for each county each year the average ratio, expressed as a percentage, of assessed valuation of property to a true valuation of property by means of a sampling of the assessment practices or other proper method.

      (b) Publish and certify to the superintendent of public instruction the average ratio of assessed valuation to true valuation of property in each county and the state.

      2.  In computing the proceeds of a 70-cent mandatory uniform county school district tax [,] after July 1, 1960, and after July 1 of each year thereafter, the superintendent of public instruction shall [:] , by using the average ratio of assessed valuation to true valuation of property in each county and the state as published and certified to him by the Nevada tax commission on or before July 1, 1959, and as published and certified to him each year thereafter:

      (a) Divide the total assessed valuation of property of each county by the assessment ratio of that county.

      (b) Multiply the quotient obtained in paragraph (a) by the state average ratio of assessed valuation to true valuation of property to obtain an adjusted assessed valuation for each county.

      (c) Multiply the adjusted assessed valuation of property of each county by the 70-cent per $100 assessed valuation mandatory county school levy.

      The product thus obtained is the adjusted yield of the 70-cent tax levy in each county and shall be used when computing state aid as provided in NRS 387.125.

      3.  Notwithstanding the provisions of subsections 1 and 2 or any other law, the average ratio of assessed valuation to true valuation of property in each county and the state, as published and certified to the superintendent of public instruction by the Nevada tax commission on or before July 1, 1959, shall not be used by the superintendent of public instruction in computing state aid as provided in NRS 387.125 for the period commencing July 1, 1959, and ending June 30, 1960, but for that period apportionment of the state distributive school fund shall be made as provided in NRS 387.125 except that the availability of local funds shall be determined to be the sum of the proceeds of the 70-cent local tax (levied in accordance with the provisions of NRS 387.195 or 387.250 without computation as provided in subsections 1 and 2 of this section) and that proportion of all moneys received by the school district as provided in subparagraph (2) of paragraph (b) of subsection 2 of NRS 387.125.


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

ê1959 Statutes of Nevada, Page 623 (Chapter 406, AB 436)ê

 

the proceeds of the 70-cent local tax (levied in accordance with the provisions of NRS 387.195 or 387.250 without computation as provided in subsections 1 and 2 of this section) and that proportion of all moneys received by the school district as provided in subparagraph (2) of paragraph (b) of subsection 2 of NRS 387.125.

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

 

________

 

 

CHAPTER 407, AB 447

Assembly Bill No. 447–Lincoln County Delegation

CHAPTER 407

AN ACT to amend chapter 321 of NRS, relating to the administration, control and sale of state lands, by creating the Lincoln County Pilot Land Development and Disposal Law; by providing for the initiation of proceedings to acquire certain lands; by defining terms; by authorizing the state department of conservation and natural resources to acquire and develop such lands; by creating a fund and making an appropriation therefor; and by providing other matters properly relating thereto.

 

[Approved April 2, 1959]

 

      Whereas, Lincoln County has been determined to be a depressed rural area and is receiving assistance from the federal rural development program; and

      Whereas, Surveys of potentially irrigable lands by soil conservation service technicians in progress in a number of valleys in Lincoln County indicate that many areas of good soil suitable for reclamation are available provided water for irrigation could be developed; and

      Whereas, There is need for plans and procedures for the transfer of public domain land to private ownership which would substitute for the present inadequate desert land laws under situations such as exist in Lincoln County; and

      Whereas, The situation in Lincoln County would provide a favorable setting for a pilot desert land acquisition and disposal program; and

      Whereas, The critical situation which exists in Lincoln County demands that prompt and effective action be taken; now, therefore,

 

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

do enact as follows:

 

      Section 1.  Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  Sections 2 to 7, inclusive, of this act may be cited as the Lincoln County Pilot Land Development and Disposal Law.

      Sec. 3.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, “department” means the state department of conservation and natural resources.

      Sec. 4.  The department may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of any available land in Lincoln County, Nevada, at intervals during any period when such purchase may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.


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

ê1959 Statutes of Nevada, Page 624 (Chapter 407, AB 447)ê

 

the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.

      Sec. 5.  The department may, with the advice of the board of county commissioners of Lincoln County, undertake such engineering and planning studies and such other action as may be necessary for the development of the lands in Lincoln County, and shall sell and dispose of lands in Lincoln County in accordance with the plans and procedures of the department.

      Sec. 6.  1.  There is hereby created in the state treasury, for the use of the department in carrying out the provisions of sections 2 to 7, inclusive, of this act, a fund to be known as the Lincoln County pilot land development and disposal fund.

      2.  Moneys in the Lincoln County pilot land development and disposal fund shall be paid out on claims against such fund as other claims against the state are paid, after such claims have been approved by the department.

      Sec. 7.  1.  Any moneys received by the department in connection with the development or disposition of any lands described in section 4 of this act shall be deposited forthwith in the state treasury to the credit of the Lincoln County pilot land development and disposal fund.

      2.  Immediately following such a deposit, the state controller and the state treasurer shall transfer the amount of such deposit to the general fund until such time as such transfers have resulted in complete reimbursement to the general fund for all moneys theretofore appropriated from the general fund to the Lincoln County pilot land development and disposal fund.

      Sec. 8.  There is hereby appropriated from the general fund in the state treasury the sum of $1,500 to the Lincoln County pilot land development and disposal fund.

      Sec. 9.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 408, AB 463

Assembly Bill No. 463–Committee on Roads and Transportation

CHAPTER 408

AN ACT to amend the title of and to amend an act entitled “An Act to amend chapter 481 of NRS relating to administration of motor vehicle laws by creating new provisions and repealing NRS sections 481.010 to 481.120, inclusive, to create the department of motor vehicles, provide for the powers, duties and functions of the department and the various divisions thereof, provide for the appointment, removal, compensation, powers and duties of the director of the department, to provide for the support of the department, and for the transfer of certain personnel, records and property of the public service commission of Nevada and the Nevada tax commission to the department; to amend NRS sections 481.130, 481.140, 481.150, and 481.180 relating to the Nevada highway patrol to place the same under the jurisdiction of the department of motor vehicles and to increase the number of personnel thereof; to amend NRS sections 482.015, 482.025 and 482.140 relating to licensing and registration of motor vehicles, 483.030 and 483.060 relating to operators’ and chauffeurs’ licenses, 484.030, 484.050, 484.240, 484.460, 484.580 and 484.660 relating to traffic laws, 485.030 relating to motor vehicle safety responsibility, 486.050, 486.060, 486.070 and 486.090 relating to power cycles,


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

ê1959 Statutes of Nevada, Page 625 (Chapter 408, AB 463)ê

 

and 486.090 relating to power cycles, and 487.010 relating to reports of stored vehicles to provide for administration of such functions by the department; to amend chapter 365 of NRS and NRS sections 365.090, 365.100, 365.110, 365.120, 365.130, 365.140, 365.150, 365.160, 365.170, 365.180, 365.190, 365.200, 365.220, 365.230, 365.240, 365.280, 365.290, 365.300, 365.310, 365.320, 365.330, 365.350, 365.360, 365.380, 365.390, 365.400, 365.410, 365.420, 365.430, 365.440, 365.450, 365.460, 365.480, 365.500, 365.510, 365.520, 365.530, 365.540, 365.550, 365.560, 365.570 and 365.590 relating to motor vehicle fuel taxes and chapter 366 of NRS and NRS sections 366.090, 366.110, 366.120, 366.130, 366.140, 366.150, 366.170, 366.180, 366.200, 366.220, 366.230, 366.240, 366.250, 366.270, 366.280, 366.290, 366.300, 366.310, 366.320, 366.340, 366.350, 366.360, 366.390, 366.400, 366.430, 366.450, 366.470, 366.490, 366.500, 366.520, 366.550, 366.560, 366.580, 366.620, 366.630, 366.640, 366.650, 366.660, 366.680 and 366.720 relating to special fuel tax to provide for administration and enforcement of provisions relating to such taxes by the department of motor vehicles instead of the Nevada tax commission; to amend chapter 706 of NRS and NRS sections 706.130, 706.150, 706.160, 706.170, 706.200, 706.210, 706.230, 706.260, 706.270, 706.310, 706.320, 706.330, 706.410, 706.490, 706.500, 706.520, 706.540, 706.550, 706.560, 706.580, 706.590, 706.600, 706.610, 706.620, 706.630, 706.640, 706.650, 706.680, 706.690, 706.710, 706.800, 706.810 and 706.820 relating to motor vehicle carriers to provide for administration by the department of motor vehicles of provisions concerning the licensing of motor vehicle carriers and the use of public highways by such carriers; to amend NRS sections 14.070, 392.400, 392.410 and 439.270 to change miscellaneous references to public service commission of Nevada made necessary by transfer of functions to the department of motor vehicles; and other matters properly relating thereto,” approved April 1, 1957, by repealing sections 2 to 20, inclusive, and sections 22 to 43, inclusive, and amending sections 106 and 168 of such act to eliminate provisions transferring the functions of the Nevada tax commission relating to motor vehicle fuel taxes to the department of motor vehicles; to amend NRS section 365.520, relating to reports of carriers of motor vehicle fuel and special fuel; to amend chapter 366 of NRS, relating to special fuel tax and NRS sections 481.023, 481.067, 481.071 and 481.180, relating to the organization and functions of the department of motor vehicles, by providing for execution, administration and enforcement of laws relating to motor vehicle fuel taxes by the Nevada tax commission and laws relating to special fuel tax by the department of motor vehicles; by changing the name of the motor vehicle division of the department of motor vehicles; by abolishing the gasoline and special fuel tax division of the department and transferring its duties to the motor carrier division; and by providing other matters properly relating thereto.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  The title of the above-entitled act, being chapter 355, Statutes of Nevada 1957, at pages 589 and 590 is hereby amended to read as follows:

      An Act to amend chapter 481 of NRS relating to administration of motor vehicle laws by creating new provisions and repealing NRS sections 481.010 to 481.120, inclusive, to create the department of motor vehicles, provide for the powers, duties and functions of the department and the various divisions thereof, provide for the appointment, removal, compensation, powers and duties of the director of the department, to provide for the support of the department, and for the transfer of certain personnel, records and property of the public service commission of Nevada and the Nevada tax commission to the department;


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

ê1959 Statutes of Nevada, Page 626 (Chapter 408, AB 463)ê

 

to the department; to amend NRS sections 481.130, 481.140, 481.150, and 481.180 relating to the Nevada highway patrol to place the same under the jurisdiction of the department of motor vehicles and to increase the number of personnel thereof; to amend NRS sections 482.015, 482.025 and 482.140 relating to licensing and registration of motor vehicles, 483.030 and 483.060 relating to operators’ and chauffeurs’ licenses, 484.030, 484.050, 484.240, 484.460, 484.580 and 484.660 relating to traffic laws, 485.030 relating to motor vehicle safety responsibility, 486.050, 486.060, 486.070 and 486.090 relating to power cycles, and 487.010 relating to reports of stored vehicles to provide for administration of such functions by the department; to amend chapter 365 of NRS and NRS [sections 365.090, 365.100, 365.110, 365.120, 365.130, 365.140, 365.150, 365.160, 365.170, 365.180, 365.190, 365.200, 365.220, 365.230, 365.240, 365.280, 365.290, 365.300, 365.310,] section 365.320 [, 365.330, 365.350, 365.360, 365.380, 365.390, 365.400, 365.410, 365.420, 365.430, 365.440, 365.450, 365.460, 365.480, 365.500, 365.510, 365.520, 365.530, 365.540, 365.550, 365.560, 365.570 and 365.590] relating to motor vehicle fuel taxes and chapter 366 of NRS and NRS sections 366.090, 366.110, 366.120, 366.130, 366.140, 366.150, 366.170, 366.180, 366.200, 366.220, 366.230, 366.240, 366.250, 366.270, 366.280, 366.290, 366.300, 366.310, 366.320, 366.340, 366.350, 366.360, 366.390, 366.400, 366.430, 366.450, 366.470, 366.490, 366.500, 366.520, 366.550, 366.560, 366.580, 366.620, 366.630, 366.640, 366.650, 366.660, 366.680 and 366.720 relating to special fuel tax to provide for administration and enforcement of provisions relating to [such taxes] special fuel tax by the department of motor vehicles instead of the Nevada tax commission; to amend chapter 706 of NRS and NRS sections 706.130, 706.150, 706.160, 706.170, 706.200, 706.210, 706.230, 706.260, 706.270, 706.310, 706.320, 706.330, 706.410, 706.490, 706.500, 706.520, 706.540, 706.550, 706.560, 706.580, 706.590, 706.600, 706.610, 706.620, 706.630, 706.640, 706.650, 706.680, 706.690, 706.710, 706.800, 706.810 and 706.820 relating to motor vehicle carriers to provide for administration by the department of motor vehicles of provisions concerning the licensing of motor vehicle carriers and the use of public highways by such carriers; to amend NRS sections 14.070, 392.400, 392.410 and 439.270 to change miscellaneous references to public service commission of Nevada made necessary by transfer of functions to the department of motor vehicles; and other matters properly relating thereto.

      Sec. 2.  Sections 2 to 20, inclusive, and sections 22 to 43, inclusive, of the above-entitled act, being chapter 355, Statutes of Nevada 1957, at page 589, are hereby repealed.

      Sec. 3.  Section 106 of the above-entitled act, being chapter 355, Statutes of Nevada 1957, at page 589, is hereby amended to read as follows:

      Section 106.  1.  On July 1, 1957, all employees of the public service commission of Nevada and the various divisions thereof, whose duties concern the execution, administration and enforcement of the provisions of Title 43 of NRS and the provisions of chapter 706 of NRS relating to the licensing of motor vehicle carriers and the use of public highways by such carriers, and on July 1, 1959, all employees of the Nevada tax commission whose duties concern the execution, administration and enforcement of [chapters 365 and] chapter 366 of NRS relating to imposition and collection of taxes on [gasoline and] special fuels used for motor vehicles shall become and be deemed employees of the department of motor vehicles and the various divisions thereof, and they shall retain without impairment or diminution all rights and status now and then applicable to them pursuant to chapter 284 of NRS.


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

ê1959 Statutes of Nevada, Page 627 (Chapter 408, AB 463)ê

 

Nevada tax commission whose duties concern the execution, administration and enforcement of [chapters 365 and] chapter 366 of NRS relating to imposition and collection of taxes on [gasoline and] special fuels used for motor vehicles shall become and be deemed employees of the department of motor vehicles and the various divisions thereof, and they shall retain without impairment or diminution all rights and status now and then applicable to them pursuant to chapter 284 of NRS.

      2.  On July 1, 1957, all personnel, records, papers, files, registers, property, equipment and funds of the public service commission of Nevada and the various divisions thereof relating to or concerned with the execution, administration and enforcement of the provisions of Title 43 of NRS and the provisions of chapter 706 of NRS relating to the licensing of motor vehicle carriers and the use of public highways by such carriers, and on July 1, 1959, all personnel, records, papers, files, registers, property, equipment and funds of the Nevada tax commission relating to or concerned with the execution, administration and enforcement of the provisions of [chapters 365 and] chapter 366 of NRS relating to imposition and collection of taxes on [gasoline and] special fuels used in motor vehicles shall be transferred to the department of motor vehicles.

      Sec. 4.  Section 168 of the above-entitled act, being chapter 355, Statutes of Nevada 1957, at page 589, is hereby amended to read as follows:

      Section 168.  Sections 1 [to 85, inclusive,] and 21 of this act shall become effective on July 1, 1959. Sections 86 to 167, inclusive, shall become effective July 1, 1957.

      Sec. 5.  NRS 365.520 is hereby amended to read as follows:

      365.520  1.  Every carrier, whether common, contract or private, except a dealer licensed under this chapter or a wholesale distributor transporting the products of a dealer licensed under this chapter, transporting motor vehicle fuel as defined in NRS 365.060 [or special fuel as defined in NRS 366.060] in interstate commerce to or from any point within the State of Nevada shall report under oath to the tax commission all deliveries so made.

      2.  Such report shall cover the period of each calendar month and shall be filed within 25 days after the end of such month. The report shall show:

      (a) The name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made.

      (b) The date of every delivery.

      (c) The amount of every delivery in gallons.

      (d) Such other information as the tax commission may require.

      3.  The tax commission or its duly authorized agents may examine the books and records of any carrier during business hours to determine if the provisions of this section have been or are being complied with.

      Sec. 6.  Chapter 366 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Every carrier, whether common, contract or private, except a dealer licensed under this chapter or a wholesale distributor transporting the products of a dealer licensed under this chapter, transporting special fuel as defined in NRS 366.060 in interstate commerce to or from any point within the State of Nevada shall report under oath to the department all deliveries so made.


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ê1959 Statutes of Nevada, Page 628 (Chapter 408, AB 463)ê

 

dealer licensed under this chapter or a wholesale distributor transporting the products of a dealer licensed under this chapter, transporting special fuel as defined in NRS 366.060 in interstate commerce to or from any point within the State of Nevada shall report under oath to the department all deliveries so made.

      2.  Such report shall cover the period of each calendar month and shall be filed within 25 days after the end of such month. The report shall show:

      (a) The name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made.

      (b) The date of every delivery.

      (c) The amount of every delivery in gallons.

      (d) Such other information as the department may require.

      3.  The department or its duly authorized agents may examine the books and records of any carrier during business hours to determine if the provisions of this section have been or are being complied with.

      Sec. 7.  (Deleted by amendment)

      Sec. 8.  NRS 481.023 is hereby amended to read as follows:

      481.023  1.  After July 1, 1957, except as otherwise provided therein, the department of motor vehicles shall execute, administer and enforce, and perform the functions and duties provided in:

      (a) Title 43 of NRS relating to vehicles and watercraft.

      (b) Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by such carriers.

      2.  After July 1, 1959, except as otherwise provided therein, the department of motor vehicles shall execute, administer and enforce, and perform the functions and duties provided in [chapters 365 and] chapter 366 of NRS relating to imposition and collection of taxes on [gasoline and] special fuel used for motor vehicles.

      Sec. 9.  NRS 481.067 is hereby amended to read as follows:

      481.067  The department shall consist of:

      1.  The motor vehicle registration division.

      2.  The motor carrier division.

      3.  The drivers’ license division.

      4.  The Nevada highway patrol division.

      5.  [The gasoline and special fuel tax division (after July 1, 1959).

      6.]  The fiscal, accounting and auditing division.

      [7.]6.  Such other divisions as the director may in his discretion from time to time establish.

      Sec. 10.  NRS 481.071 is hereby amended to read as follows:

      481.071  The primary functions and responsibilities of the various divisions of the department shall be as follows:

      1.  The motor vehicle registration division shall execute, administer and enforce the provisions of chapter 482 of NRS and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws.

      2.  The motor carrier division shall execute, administer and enforce the laws relative to the licensing of motor vehicle carriers and the use of public highways by such carriers as contained in chapter 706 of NRS, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws [.]


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

ê1959 Statutes of Nevada, Page 629 (Chapter 408, AB 463)ê

 

of NRS, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws [.] and shall, on and after July 1, 1959, execute, administer and enforce the provisions of chapter 366 of NRS, relating to imposition and collection of taxes on special fuels used for motor vehicles, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.

      3.  The drivers’ license division shall execute, administer and enforce the provisions of chapter 483 of NRS and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.

      4.  The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and shall perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.

      [5.  On and after July 1, 1959, the gasoline and special fuel tax division shall execute, administer and enforce the provisions of chapters 365 and 366 of NRS relating to imposition and collection of taxes on gasoline and special fuels used for motor vehicles, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapters 365 and 366 of NRS and the provisions of any other laws.

      6.]5.  The fiscal, accounting and auditing division shall furnish fiscal, accounting and auditing services to the director and the various divisions and shall advise and assist the director and the various divisions in carrying out their functions and responsibilities.

      Sec. 11.  NRS 481.180 is hereby amended to read as follows:

      481.180  The duties of the personnel of the Nevada highway patrol shall be:

      1.  To police the public highways of this state, and to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada; and they shall have the powers of police officers with respect to traffic law violations and other offenses committed over and along the highways of this state.

      2.  To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence of the purpose of prosecuting the person or persons guilty of any violation of the law contributing to the happening of such accident.

      3.  To act as field agents and inspectors in the enforcement of the motor vehicle registration law (chapter 482 of NRS).

      4.  To act as field agents, inspectors and instructors in carrying out the provisions of the operators’ and chauffeurs’ licensing law (chapter 483 of NRS).

      5.  To act as field agents and inspectors of the department of motor vehicles in the enforcement of the motor vehicle carrier law (chapter 706 of NRS).

      6.  To act as field agents and inspectors of the [department of motor vehicles] Nevada tax commission in the enforcement of the laws of this state relating to the imposition and collection of taxes on gasoline used in and for motor vehicles on the public highways of this state (chapter 365 of NRS).


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

ê1959 Statutes of Nevada, Page 630 (Chapter 408, AB 463)ê

 

of this state relating to the imposition and collection of taxes on gasoline used in and for motor vehicles on the public highways of this state (chapter 365 of NRS).

      7.  To act as field agents and inspectors of the Nevada tax commission until July 1, 1959, and thereafter of the department of motor vehicles in the enforcement of chapter 366 of NRS relating to the imposition and collection of taxes on special fuels used in and for motor vehicles on the public highways of this state.

      8.  To perform such other duties in connection with each and all of the above-specified duties, and consistent therewith, as may be imposed by the director of the department of motor vehicles.

      Sec. 12.  Sections 1, 2, 3, 4, 8, 9, 10 and 11 of this act shall become effective upon passage and approval. Sections 5, 6 and 7 of this act shall become effective July 1, 1959.

 

________

 

 

CHAPTER 409, AB 473

Assembly Bill No. 473–Mineral County Delegation

CHAPTER 409

AN ACT to amend NRS sections 360.020 and 360.030, relating to the chairman and qualifications of members of the Nevada tax commission and to appointment and terms of office of such members, by clarifying the provisions relating to appointment and terms of office of such members; and by providing other matters properly relating thereto.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 360.020 is hereby amended to read as follows:

      360.020  1.  The chairman shall be the governor of the State of Nevada.

      2.  One of the commissioners, to be selected by the governor, shall be a member of the public service commission of Nevada.

      3.  Of the five remaining commissioners who shall be appointed by the governor:

      (a) One [of the commissioners] shall be versed in and possess a practical knowledge and experience in the classification of land and the value thereof.

      [4.](b) One [of the commissioners] shall be versed in and possess a practical knowledge and experience in livestock and the value thereof.

      [5.](c) One [of the commissioners] shall be versed in and possess a practical knowledge and experience in the mining industry.

      [6.](d) One [of the commissioners] shall be versed in and possess a practical knowledge and experience in business.

      [7.](e) One [of the commissioners] shall be versed in and possess a practical knowledge and experience in banking.

      [8.]4.  Each of the commissioners at the time of his appointment shall be actively engaged in the [business of the department] type of interest in categories which he is chosen to represent on the commission.

      Sec. 2.  NRS 360.030 is hereby amended to read as follows:


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

ê1959 Statutes of Nevada, Page 631 (Chapter 409, AB 473)ê

 

      360.030  1.  [The appointments shall be made by the governor.] Not more than one of the five appointed commissioners shall be appointed from any one county in this state, and not more than a majority of the Nevada tax commission shall be of the same political party.

      2.  Three of the commissioners shall [be appointed] serve for terms of 4 years, and two of the commissioners shall [be appointed] serve for terms of 2 years, and upon the expiration of the terms [for which the appointments are made] of the first members, all commissioners shall [be appointed] serve for terms of 4 years.

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

 

________

 

 

CHAPTER 410, AB 475

Assembly Bill No. 475–Committee on State Publicity and Economic Development

CHAPTER 410

AN ACT appropriating $15,000 to the department of economic development for the purpose of aiding the Nevada Pony Express Centennial Committee in conducting the Pony Express centennial celebration.

 

[Approved April 2, 1959]

 

      Whereas, The Pony Express, that great western heritage, blazer of the trails and deliverer of the mails, observes its 100th anniversary April 3, 1960; and

      Whereas, The Nevada Pony Express Centennial Committee has been established to commemorate and celebrate such anniversary in cooperation with eight other western states; and

      Whereas, Funds are needed by such committee for marking the trail of the Pony Express in Nevada and for other purposes connected with the centennial celebration; and

      Whereas, Such trail would be a wonderful tourist attraction in the State of Nevada; and

      Whereas, Great enthusiasm has been exhibited by ranches, horsemen and civic leaders in the State of Nevada and by interested persons in the other western states, to make such celebration a success; now, therefore,

 

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

do enact as follows:

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury the sum of $15,000 to the department of economic development for the support of the Nevada Pony Express Centennial Committee in conducting and carrying out the Pony Express centennial celebration.

 

________

 

 


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

ê1959 Statutes of Nevada, Page 632ê

 

CHAPTER 411, AB 490

Assembly Bill No. 490–Committee on Ways and Means

CHAPTER 411

AN ACT to amend NRS section 481.039, relating to the salary of the director of the department of motor vehicles, by increasing the salary after July 1, 1959.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 481.039 is hereby amended to read as follows:

      481.039  On and after July 1, 1959, the director shall receive:

      1.  An annual salary [not to exceed $9,600] of $12,000.

      2.  The per diem expense allowance and travel expenses as provided by law.

 

________

 

 

CHAPTER 412, AB 492

Assembly Bill No. 492–Committee on Ways and Means

CHAPTER 412

AN ACT authorizing expenditures by various departments, boards, commissions and agencies of the state government for the fiscal year beginning July 1, 1959, and ending June 30, 1960; and providing other matters properly relating thereto.

 

[Approved April 2, 1959]

 

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

do enact as follows:

 

      Section 1.  Expenditure of the following sums not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1959, and ending on June 30, 1960, by the various departments, boards, commissions and agencies of the state government hereinafter mention:

 

State board of accountancy............................................             $1,847.00

State department of agriculture:

Economic poisons fund.............................................               6,731.00

Fertilizer control fund.................................................               2,564.00

Stock inspection fund................................................           121,098.00

Apiary inspection fund..............................................               1,679.00

State board of architecture..............................................               2,653.75

State board of examiners in the basic sciences............               2,110.00

Colorado River commission............................................             78,186.00

Nevada state dairy commission.....................................             45,506.00

Employment security department:

Administration.............................................................       1,276,317.00

O. A. S. I. Administration...........................................               1,349.00

State board of registered professional engineers..........             12,450.00

State board of fish and game commissioners..............       1,576,124.00

Department of highways..................................................     42,421,547.00

Hoisting engineers examining board..............................                   477.00

 


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

ê1959 Statutes of Nevada, Page 633 (Chapter 412, AB 492)ê

 

State department of education:

Indian education division..........................................        $225,987.00

Division of vocational rehabilitation (O. A. S. I. disability determinations)...............................................          24,428.00

State welfare department-U.S. Indian Service (foster care payments)........................................................................................          31,602.00

State welfare department.................................................    2,970,936.00

Board of medical examiners of the State of Nevada.          14,925.00

State board of nurse examiners......................................            6,605.00

Nevada oil and gas conservation commission.............                500.00

Board of dispensing opticians.........................................                295.00

State department of personnel........................................          88,157.00

State board of physical therapy examiners..................                172.00

Department of purchasing:

Administration.............................................................             56,003.00

Surplus property division...........................................             37,975.00

Superintendent of state printing and state printing office                      ........................................................................... 317,408.00

Public employees’ retirement board...............................          66,947.00

State sheep commission...................................................          15,055.00

State woolgrowers predatory animal committee.........          73,529.00

Nevada athletic commission...........................................            1,950.00

State barbers’ health and sanitation board..................            4,954.00

State board of chiropody.................................................                  65.00

Nevada state board of chiropractic examiners............            7,490.00

State contractors’ board...................................................          47,750.00

State board of cosmetology............................................            9,620.00

Board of dental examiners of Nevada..........................            2,740.00

State board of embalmers...............................................                464.00

Nevada liquefied petroleum gas board.........................            3,450.00

Nevada real estate commission......................................          40,260.00

Nevada state board of examiners in optometry..........                145.00

State board of osteopathy...............................................                242.00

State board of pharmacy.................................................          18,400.00

State board of veterinary medical examiners..............                  65.00

 

      Sec. 2.  The funds herein authorized to be expended shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 and 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each departmental request.

      Sec. 3.  The director of the budget may authorize the augmentation of the amount authorized herein for expenditure by a given department, board, commission, or agency in the amount of any funds which he estimates will be received by the department, board, commission, or agency from any other state agency, from any agency of local government or of the Federal Government, from any appropriation made by the legislature, or from any other source which he determines has not been taken into consideration by this act, or is in excess of the amount so taken into consideration.


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

ê1959 Statutes of Nevada, Page 634 (Chapter 412, AB 492)ê

 

the amount so taken into consideration. The director of the budget may also reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized herein.

 

________

 

 

CHAPTER 413, SB 119

Senate Bill No. 119–Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)

CHAPTER 413

AN ACT to amend chapter 690 of NRS, relating to life insurance, by adding new provisions relating to the regulation of credit life insurance; providing certain penalties; and providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  Chapter 690 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2.  1.  The purpose of sections 2 to 16, inclusive, of this chapter is to promote the public welfare by regulating credit life insurance. Nothing in such sections is intended to prohibit or discourage reasonable competition. The provisions of such sections shall be liberally construed.

      2.  Nothing in this act shall be construed to authorize any payments for insurance now prohibited under any statute or rule thereunder governing credit transactions.

      Sec. 3.  1.  Sections 2 to 16, inclusive, of this chapter may be cited as The Model Act for the Regulation of Credit Life Insurance.

      2.  All life insurance sold in connection with loans or other credit transactions shall be subject to the provisions of sections 2 to 16, inclusive, of this chapter except such insurance sold in connection with a loan or other credit transaction of more than 5 years’ duration.

      Sec. 4.  As used in sections 2 to 16, inclusive, of this chapter:

      1.  “Credit life insurance” means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction.

      2.  “Creditor” means the lender of money or vendor or lessor of goods, services, property, rights or privileges, for which payment is arranged through a credit transaction or any successor to the right, title or interest of any such lender, vendor or lessor, and an affiliate, associate or subsidiary of any of them or any director, officer or employee of any of them or any other person in any way associated with any of them.

      3.  “Debtor” means a borrower of money or a purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction.

      4.  “Indebtedness” means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction.

      Sec. 5.  Credit life insurance shall be issued only in the following forms:


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

ê1959 Statutes of Nevada, Page 635 (Chapter 413, SB 119)ê

 

      1.  Individual policies of life insurance issued to debtors on the term plan; or

      2.  Group policies of life insurance issued to creditors providing insurance upon the lives of debtors on the term plan.

      Sec. 6.  1.  The amount of credit life insurance shall not exceed the indebtedness. Where indebtedness repayable in substantially equal installments is secured by an individual policy of credit life insurance, the amount of insurance shall not exceed the approximate unpaid indebtedness on the date of death and, where secured by a group policy of credit life insurance, shall not exceed the exact amount of unpaid indebtedness on such date.

      2.  Notwithstanding the provisions of subsection 1 of this section, agricultural loans not exceeding 1 year may be written up to the amount of the loan commitment on a nondecreasing or level term plan.

      Sec. 7.  The term of any credit life insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor, except that, where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to such indebtedness shall commence on the effective date of the policy. The term of such insurance shall not extend more than 15 days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor. If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness. In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in section 10 of this chapter.

      Sec. 8.  1.  All credit life insurance sold shall be evidenced by an individual policy, or in the case of group insurance by a certificate of insurance, which individual policy or group certificate of insurance shall be delivered to the debtor.

      2.  Each individual policy or group certificate of credit life insurance shall, in addition to other requirements of law, set forth the name and home office address of the insurer and the identity by name or otherwise of the person or persons insured, the rate or amount of payment, if any, by the debtor, a description of the amount, term and coverage, including any exceptions, limitations or restrictions, and shall state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, wherever the amount of insurance may exceed the unpaid indebtedness, that any such excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his estate.

      3.  Such individual policy or group certificate of insurance shall be delivered to the insured debtor at the time the indebtedness is incurred except as provided in subsection 4 of this section.

      4.  If such individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for such policy or a statement of insurance, signed by the debtor and setting forth the name and home office address of the insurer, the identity by name or otherwise of the person or persons insured, the rate or amount of payment by the debtor, if any, and a description of the amount, term and coverage provided shall be delivered to the debtor at the time such indebtedness is incurred.


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

ê1959 Statutes of Nevada, Page 636 (Chapter 413, SB 119)ê

 

persons insured, the rate or amount of payment by the debtor, if any, and a description of the amount, term and coverage provided shall be delivered to the debtor at the time such indebtedness is incurred. The copy of the application for or statement of insurance shall refer exclusively to insurance coverage, and shall be separate and apart from the loan, sale or other credit statement of account, instrument or agreement. Upon approval of the application, if any, and within 30 days of the date upon which the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor. Such application or statement of insurance shall serve as a binder and the coverage provided shall become effective as of the date the indebtedness is incurred.

      Sec. 9.  1.  All policies, certificates of insurance, statements of insurance, applications for insurance, binders, endorsements and riders shall be filed with the commissioner.

      2.  The commissioner shall, within 30 days after the filing of all policies, certificates of insurance, statements of insurance, applications for insurance, binders, endorsements and riders, in addition to other requirements of law, disapprove any such form if the table of premium rates charged or to be charged appears by reasonable assumptions to be excessive in relation to benefits or if it contains provisions which are unjust, unfair, inequitable, misleading, deceptive or encourage misrepresentation of such policy.

      3.  If the commissioner notifies the insurer that the form does not comply with the requirements of this section, it is unlawful thereafter for such insurer to issue or use such form. In such notice, the commissioner shall specify the reason for his disapproval and state that a hearing will be granted within 20 days after request in writing by the insurer. No such policy, certificate of insurance, statement of insurance, nor any application, binder, endorsement or rider, shall be issued or used until the expiration of 30 days after it has been so filed, unless the commissioner gives his prior written approval thereto.

      4.  The commissioner may, at any time after a hearing held on not less than 20 days’ written notice to the insurer, withdraw his approval of any such form on any of such grounds.

      5.  It is not lawful for the insurer to issue such forms or use them after the effective date of such withdrawal of approval.

      6.  Any order or final determination of the commissioner under the provisions of this section shall be subject to judicial review.

      Sec. 10.  1.  Each insurer issuing credit life insurance shall file with the commissioner its schedules of premium rates for use in connection with such insurance. Any insurer may revise such schedules from time to time and shall file such revised schedules with the commissioner. No insurer shall issue any credit life insurance policy for which the premium rate exceeds that determined by the schedules of such insurer as then on file with the commissioner. The commissioner may require the filing of the schedule of premium rates for use in connection with and as a part of the specific policy filings as provided by section 9 of this chapter.

      2.  Each individual policy, group certificate or statement of insurance of credit life insurance shall provide that in the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund of premium due shall be paid or credited promptly to the person entitled thereto.


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

ê1959 Statutes of Nevada, Page 637 (Chapter 413, SB 119)ê

 

mination of the insurance prior to the scheduled maturity date of the indebtedness, any refund of premium due shall be paid or credited promptly to the person entitled thereto. But the commissioner shall prescribe a minimum refund and no refund which would be less than such minimum need be made. The formula to be used in computing such refund shall be filed with the commissioner.

      3.  If a creditor requires a debtor to pay the premium in connection with credit life insurance and an individual policy or group certificate of insurance is not issued, the creditor shall immediately give written notice to such debtor and shall promptly make an appropriate credit to the account.

      4.  The amount charged to a debtor for credit life insurance shall not exceed the premium charged by the insurer, as computed at the time the charge to the debtor is determined.

      Sec. 11.  All policies of credit life insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business therein, and shall be issued only through holders of licenses or authorizations issued by the commissioner.

      Sec. 12.  1.  All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract.

      2.  All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of such claimant to one specified.

      3.  No plan or arrangement shall be used whereby any person, firm or corporation other than the insurer or its designated claim representative is authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in adjusting claims; but a group policyholder may, by arrangement with the group insurer, draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer.

      Sec. 13.  When credit life insurance is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required coverage through any insurer authorized to transact an insurance business within this state.

      Sec. 14.  The commissioner may, after notice and hearing, issue such rules and regulations as he deems appropriate for the supervision of sections 2 to 16, inclusive, of this chapter. Whenever the commissioner finds that there has been a violation of such sections or any rules or regulations issued pursuant thereto, and after written notice thereof and hearing given to the insurer or other person authorized or licensed by the commissioner, he shall set forth the details of his findings together with an order for compliance by a specified date. Such order shall be binding on the insurer and any other person authorized or licensed by the commissioner on the date specified unless sooner withdrawn by the commissioner or a stay thereof has been ordered by a court of competent jurisdiction.


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

ê1959 Statutes of Nevada, Page 638 (Chapter 413, SB 119)ê

 

      Sec. 15.  Any party to the proceeding affected by an order of the commissioner shall be entitled to judicial review by following the procedure set forth in NRS 680.230.

      Sec. 16.  In addition to any other penalty provided by law, any person who violates an order of the commissioner after it has become final, and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the State of Nevada a sum not to exceed $250, which may be recovered in a civil action, except that if such violation is found to be willful the amount of such penalty shall be a sum not to exceed $1,000. The commissioner, in his discretion, may revoke or suspend the license or certificate of authority of the person guilty of such violation. Such order for suspension or revocation shall be subject to judicial review as provided in section 15 of this chapter.

 

________

 

 

CHAPTER 414, SB 122

Senate Bill No. 122–Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)

CHAPTER 414

AN ACT to amend NRS section 683.040 relating to the conditions of issuance of licenses to foreign and alien insurance companies.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 683.040 is hereby amended to read as follows:

      683.040  1.  Before a license to transact business in this state is issued to a foreign or alien company, such company shall satisfy the commissioner that:

      (a) The company is duly organized under the laws of the state or country under whose laws it professes to be organized and authorized to do the business it is transacting or proposes to transact.

      (b) Its name is not the same as, or deceptively similar to, the name of any domestic company or of any foreign or alien company authorized to transact business in this state [.] ; but if any company applying for a license to do business in this state has a name the same as or similar to any other company then authorized to transact in the state a class of insurance business different from that for which the applying company is seeking authorization, the commissioner shall notify the authorized company of that fact. After a hearing, if so requested by the authorized company, the commissioner may determine that this paragraph has been complied with and that, for the purposes of this paragraph, the issuance of the license to the foreign or alien company will be in the best interests of the residents of the state.

      (c) Its funds are invested in accordance with the laws of its domicile.

      (d) In the judgment of the commissioner, the investments of such company are so made as to make available within a reasonable time sufficient moneys to meet promptly any demands which might in the ordinary course of events be properly made against the company.


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

ê1959 Statutes of Nevada, Page 639 (Chapter 414, SB 122)ê

 

      (e) It is qualified under the provisions of NRS 683.010.

      2.  In determining whether an alien company complies with the provisions of subsection 1, the commissioner shall consider only business transacted in the United States and only the assets and liabilities in connection with its United States business.

      3.  Before a license is issued to a foreign or alien company, it shall deposit with the commissioner securities which are authorized investments for similar domestic companies under NRS 682.340 to 682.410, inclusive, of the amount, if any, required of a domestic company similarly organized and doing the same kind or kinds of business, or, in the case of such alien company, of the amount of $200,000; or in lieu of such deposit such foreign or alien company shall satisfy the commissioner that it has on deposit with an official of a state of the United States, authorized by the law of such state to accept such deposit, securities of at least a like amount, for the benefit and security of all policyholders or policyholders and creditors of such company in the United States.

      4.  Before a license is issued to a foreign or alien company, the commissioner may cause an examination to be made of the condition and affairs of such company, or he may accept in lieu thereof a report of examination made by the insurance department or other insurance supervisory official of any other state or of any government outside the United States.

 

________

 

 

CHAPTER 415, AB 425

Assembly Bill No. 425–Committee on Judiciary

CHAPTER 415

AN ACT to amend chapter 651 of NRS, relating to public accommodations, by creating a new provision regulating advertising on outdoor or outside signs by owners or keepers of hotels, inns, motels or motor courts; by defining certain words and terms; by requiring owners or keepers of hotels, inns, motels or motor courts to post conspicuously statements of charges or rates of charges by the day for lodging; by requiring the maintenance and use of registration cards and the issuance of receipts; by imposing both civil and criminal penalties for violations; by providing for the operation of the statute only in counties of this state having a population of 25,000 or more persons; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  Chapter 651 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  As used in this section, unless the context otherwise requires:

      (a) “Corporate or fictitious name” means “$4.00 motel” or similar name or any phraseology used in the name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.

      (b) “Establishment” means any hotel, motel, inn or motor court.

      (c) “Membership in an organization” means “member of $4.00 motel association” or similar organization names or any phraseology used in the organization name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.


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

ê1959 Statutes of Nevada, Page 640 (Chapter 415, AB 425)ê

 

association” or similar organization names or any phraseology used in the organization name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.

      (d) “Outdoor sign” or “outside sign” means any sign maintained outside the establishment, whether on, connected to or separated from the establishment, or any sign, whether within or without the establishment, which is visible to the public from the outside.

      (e) “Owner” or “keeper” means any person, firm, association or corporation.

      (f) “Rates” means the total charge levied at such establishment for rooms or accommodations.

      (g) “Special rates” means “special rates,” “cut rates,” “low rates,” “lowest rates,” “lowest rates in town,” “reasonable,” “inexpensive” or any similar phraseology the reasonable construction of which implies that a bargain in rates is offered at such establishment.

      2.  It is unlawful for any owner or keeper of any hotel, inn, motel or motor court in this state to post or maintain posted on any outdoor or any outside sign:

      (a) Advertising with reference to any rates at which rooms or accommodations may be secured at such establishment.

      (b) Advertising which employs terminology with reference to special rates for rooms or accommodations at such establishment.

      (c) Advertising the corporate or fictitious name of such establishment or membership in any organization the name of which pertains to or can be reasonably construed as pertaining to the rate of rooms or accommodations at such establishment.

      3.  Nothing contained in subsection 2 shall be construed as requiring any establishment therein referred to to maintain outdoor signs or outside signs.

      4.  Every owner or keeper of any hotel, inn, motel or motor court in this state shall post, in a conspicuous place in the office and in every bedroom of such establishment, a printed copy of a statement of charge or rate of charges by the day for lodging. The rates posted in the office and every bedroom of such establishment shall display the daily rate of such room for occupancy by one person, for occupancy by two persons, the additional charge for each person over two persons, or the additional charge for each additional bed provided in such room. Every establishment shall maintain a registration card for each room and supply the person or persons registering for accommodations a receipt. Both the registration card and the receipt shall reflect the type of accommodation supplied, the number of persons occupying such accommodation and the rate charged each person therefor. No establishment shall charge more than the posted rates, or require as a condition of securing accommodations that any person pay for a greater number of days than actually requested or that the accommodations are actually occupied by the person or persons.

      5.  For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he is entitled to charge.

      6.  Any owner or keeper of any establishment who violates any of the provisions of this section is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 not more than $250, or by imprisonment in the county jail for not less than 10 days nor more than 30 days, or by both fine and imprisonment.


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

ê1959 Statutes of Nevada, Page 641 (Chapter 415, AB 425)ê

 

the provisions of this section is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 not more than $250, or by imprisonment in the county jail for not less than 10 days nor more than 30 days, or by both fine and imprisonment.

      7.  The provisions of this section shall apply only in a county having a population, according to the latest United States decennial census, of 25,000 or more persons.

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

 

________

 

 

CHAPTER 416, AB 478

Assembly Bill No. 478–Committee on Livestock

CHAPTER 416

AN ACT to amend NRS sections 569.010, 569.020, 569.030, 569.050, 569.060, 569.090 and 569.130, relating to estray animals, by clarifying applicability of provisions and increasing the allowable charge for care of estrays; to repeal NRS sections 569.140 to 569.250, inclusive, relating to estray jacks and jennies; and to repeal NRS sections 569.280 to 569.350, inclusive, relating to trespassing hogs.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 569.010 is hereby amended to read as follows:

      569.010  1.  Except as otherwise provided by law, all horses, mules, burros, hogs and cattle within the State of Nevada, the ownership of which cannot be determined by a diligent search through the recorded brands of the state and by inquiries among reputable stockmen and ranchers in the vicinity where such animals are found, shall be deemed for the purpose of this section to be the property of the state board of stock commissioners.

      2.  The state board of stock commissioners shall have all rights accruing under the laws of this state to owners of such animals, and may dispose of any such animals by sale through an agent appointed by the board.

      3.  [All] Except as otherwise provided by law, all moneys collected for the sale or for the injury or killing of any such animals shall be held for a period of 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All moneys remaining unclaimed shall be deposited in the stock inspection fund after the period of 1 year. The state board of stock commissioners has the right to disallow all claims if the board deems the claims illegal or not showing satisfactory evidence of title.

      4.  The board shall not be held liable for any trespass or other damage caused by any of such animals.

      Sec. 2.  NRS 569.020 is hereby amended to read as follows:

      569.020  1.  Any county, city, town, township or other peace officer or poundmaster who impounds under the provisions of any state law or county or municipal ordinance any livestock or domesticated animals other than sheep, goats, dogs or cats shall, immediately after impounding such animal or animals, send a written notice to the state board of stock commissioners.


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

ê1959 Statutes of Nevada, Page 642 (Chapter 416, AB 478)ê

 

ing such animal or animals, send a written notice to the state board of stock commissioners. Notice of impounding of sheep or goats shall be given to the state board of sheep commissioners.

      2.  The notice shall contain a full description, including all brands and marks, sex, age, weight, color and kind of each animal so impounded.

      3.  If the owner or owners of such animal or animals are not known and in case of the sale of such impounded animal or animals as prescribed by law, all notices posted or advertisements published by any officer or other person having charge of such sale shall include a complete description of each such animal to be sold, including all brands and marks, sex, age, weight, color and kind.

      Sec. 3.  NRS 569.030 is hereby amended to read as follows:

      569.030  As used in NRS 569.030 to 569.130, inclusive:

      1.  “Board” means the state board of stock commissioners.

      2.  “Estray” means any bovine animal, horse, [or] mule, burro or swine found running at large upon public or private lands in the State of Nevada, whose owner is unknown in the section where such [bovine animal, horse or mule] animal is found.

      Sec. 4.  NRS 569.050 is hereby amended to read as follows:

      569.050  1.  No person shall take up an estray [animal of the bovine species or any estray horse or mule,] except in the county where he resides and is a freeholder, or unless the same is found in the vicinity of his residence.

      2.  When any person [shall take] takes up an estray, he shall, within 5 days thereafter, make out a written description of such animal, setting forth all marks or brands appearing upon such animal, and other marks of identity, such as color, age and sex, and forward the same by mail to the board at its office.

      Sec. 5.  NRS 569.060 is hereby amended to read as follows:

      569.060  1.  Upon receiving notice of the taking up of an estray [animal of the bovine species or any estray horse or mule,] the board, or its duly authorized agent, shall make or cause to be made an examination of the state brand records.

      2.  If from the records the name of the owner or probable owner can be determined, the board, or its duly authorized agent, shall forthwith notify him of the taking up of such estray or estrays.

      3.  Upon the owner’s proving to the satisfaction of the board that the estray animal or animals are lawfully his, the board shall issue to him an order to receive the same upon the payment of any damages allowed by law and any reasonable charges which may have been incurred in the care of the animal or animals so taken up. No charge of more than [25 cents] $1.50 per day per head shall be made or allowed for the care of any such estray.

      4.  Upon receipt of a notice of the taking up of such an estray, the board, or its duly authorized agent, may require a closer examination of the brands and marks, as set forth in the notice, and may require a state inspector to examine the same before advertising.

      Sec. 6.  NRS 569.090 is hereby amended to read as follows:

      569.090  1.  The person making the sale of such estray or estrays shall promptly return the proceeds of such sale to the board. The board shall pay, or cause to be paid, the expenses incurred in taking up, holding, advertising and selling such estray or estrays, and any damages for trespass allowed pursuant to NRS 569.440, and shall place the balance in the estray fund of the board.


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

ê1959 Statutes of Nevada, Page 643 (Chapter 416, AB 478)ê

 

board shall pay, or cause to be paid, the expenses incurred in taking up, holding, advertising and selling such estray or estrays, and any damages for trespass allowed pursuant to NRS 569.440, and shall place the balance in the estray fund of the board. The board shall make a full and complete record of all such transactions, including the marks and brands and other means of identification of an estray or estrays, which record shall be open to the inspection of the public.

      2.  Should the lawful owner of any such estray or estrays sold as provided in this section be found within 1 year after the sale of such estray or estrays, the net amount received from the disposal of such estray or estrays shall be paid to the owner upon his proving ownership to the satisfaction of the board. If, at the end of 1 year from the date of sale of such estray or estrays, the proceeds from such sale or sales remain unclaimed, such proceeds shall be deposited in the stock inspection fund.

      3.  In all cases of claims pending after the expiration of 1 year from the date of sale, and denied, such proceeds shall be deposited in the stock inspection fund promptly after denial of such claims.

      Sec. 7.  NRS 569.130 is hereby amended to read as follows:

      569.130  Any person, firm, company, association or corporation who [shall take] takes up or [retain] retains in his or its possession any [bovine animal, horse or mule] estray not his or its property, without the owner’s consent, or except in accordance with the provisions of NRS 569.030 to 569.130, inclusive, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $100, or by imprisonment in the county jail not exceeding 60 days, or by both fine and imprisonment.

      Sec. 8.  NRS 569.140 to 569.250, inclusive, and 569.280 to 569.350, inclusive, are hereby repealed.

      Sec. 9.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 417, SB 127

Senate Bill No. 127–Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)

CHAPTER 417

AN ACT to amend chapter 692 of NRS, relating to accident and health insurance, by adding new provisions relating to the regulation of credit accident and health insurance; providing certain penalties; and providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  Chapter 692 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2.  1.  The purpose of sections 2 to 16, inclusive, of this chapter is to promote the public welfare by regulating credit accident and health insurance. Nothing in such sections is intended to prohibit or discourage reasonable competition. The provisions of such sections shall be liberally construed.


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

ê1959 Statutes of Nevada, Page 644 (Chapter 417, SB 127)ê

 

      2.  Nothing in this act shall be construed to authorize any payments for insurance now prohibited under any statute or rule thereunder governing credit transactions.

      Sec. 3.  1.  Sections 2 to 16, inclusive, of this chapter may be cited as The Model Act for the Regulation of Credit Accident and Health Insurance.

      2.  All accident and health insurance sold in connection with loans or other credit transactions shall be subject to the provisions of sections 2 to 16, inclusive, of this chapter except such insurance sold in connection with a loan or other credit transaction of more than 5 years’ duration.

      Sec. 4.  As used in sections 2 to 16, inclusive, of this chapter:

      1.  “Credit accident and health insurance” means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy.

      2.  “Creditor” means the lender of money or vendor or lessor of goods, services, property, rights or privileges, for which payment is arranged through a credit transaction or any successor to the right, title or interest of any such lender, vendor or lessor, and an affiliate, associate or subsidiary of any of them or any director, officer or employee of any of them or any other person in any way associated with any of them.

      3.  “Debtor” means a borrower of money or a purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction.

      4.  “Indebtedness” means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction.

      Sec. 5.  Credit accident and health insurance shall be issued only in the following forms:

      1.  Individual policies of accident and health insurance issued to debtors on a term plan; or

      2.  Group policies of accident and health insurance issued to creditors on a term plan insuring debtors.

      Sec. 6.  1.  The amount of periodic indemnity payable by credit accident and health insurance in the event of disability, as defined in the policy, shall not exceed the aggregate of the periodic scheduled unpaid installments of indebtedness and shall not exceed the original indebtedness divided by the number of periodic installments.

      2.  Notwithstanding the provisions of subsection 1 of this section, agricultural loans not exceeding 1 year may be written up to the amount of the loan commitment on a nondecreasing or level term plan.

      Sec. 7.  The term of any credit accident and health insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor, except that, where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to such indebtedness shall commence on the effective date of the policy. The term of such insurance shall not extend more than 15 days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor. If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness.


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

ê1959 Statutes of Nevada, Page 645 (Chapter 417, SB 127)ê

 

prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness. In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in section 10 of this chapter.

      Sec. 8.  1.  All credit accident and health insurance sold shall be evidenced by an individual policy, or in the case of group insurance by a certificate of insurance, which individual policy or group certificate of insurance shall be delivered to the debtor.

      2.  Each individual policy or group certificate of credit accident and health insurance shall, in addition to other requirements of law, set forth the name and home office address of the insurer and the identity by name or otherwise of the person or persons insured, the rate or amount of payment, if any, by the debtor, a description of the amount, term and coverage, including any exceptions, limitations or restrictions, and shall state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, wherever the amount of insurance may exceed the unpaid indebtedness, that any such excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his estate.

      3.  Such individual policy or group certificate of insurance shall be delivered to the insured debtor at the time the indebtedness is incurred except as provided in subsection 4 of this section.

      4.  If such individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for such policy or a statement of insurance, signed by the debtor and setting forth the name and home office address of the insurer, the identity by name or otherwise of the person or persons insured, the rate or amount of payment by the debtor, if any, and a description of the amount, term and coverage provided shall be delivered to the debtor at the time such indebtedness is incurred. The copy of the application for or statement of insurance shall refer exclusively to insurance coverage, and shall be separate and apart from the loan, sale or other credit statement of account, instrument or agreement. Upon approval of the application, if any, and within 30 days of the date upon which the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor. Such application or statement of insurance shall serve as a binder and the coverage provided shall become effective as of the date the indebtedness is incurred.

      Sec. 9.  1.  All policies, certificates of insurance, statements of insurance, applications for insurance, binders, endorsements and riders shall be filed with the commissioner.

      2.  The commissioner shall, within 30 days after the filing of all policies, certificates of insurance, statements of insurance, applications for insurance, binders, endorsements and riders, in addition to other requirements of law, disapprove any such form if the table of premium rates charged or to be charged appears by reasonable assumptions to be excessive in relation to benefits or if it contains provisions which are unjust, unfair, inequitable, misleading, deceptive or encourage misrepresentation of such policy.


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

ê1959 Statutes of Nevada, Page 646 (Chapter 417, SB 127)ê

 

      3.  If the commissioner notifies the insurer that the form does not comply with the requirements of this section, it is unlawful thereafter for such insurer to issue or use such form. In such notice, the commissioner shall specify the reason for his disapproval and state that a hearing will be granted within 20 days after request in writing by the insurer. No such policy, certificate of insurance, statement of insurance, nor any application, binder, endorsement or rider, shall be issued or used until the expiration of 30 days after it has been so filed, unless the commissioner gives his prior written approval thereto.

      4.  The commissioner may, at any time after a hearing held on not less than 20 days’ written notice to the insurer, withdraw his approval of any such form on any of such grounds.

      5.  It is not lawful for the insurer to issue such forms or use them after the effective date of such withdrawal of approval.

      6.  Any order or final determination of the commissioner under the provisions of this section shall be subject to judicial review.

      Sec. 10.  1.  Each insurer issuing credit accident and health insurance shall file with the commissioner its schedules of premium rates for use in connection with such insurance. Any insurer may revise such schedules from time to time and shall file such revised schedules with the commissioner. No insurer shall issue any credit accident and health insurance policy for which the premium rate exceeds that determined by the schedules of such insurer as then on file with the commissioner. The commissioner may require the filing of the schedule of premium rates for use in connection with and as a part of the specific policy filings as provided by section 9 of this chapter.

      2.  Each individual policy, group certificate or statement of insurance of credit accident and health insurance shall provide that in the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund of premium due shall be paid or credited promptly to the person entitled thereto. But the commissioner shall prescribe a minimum refund and no refund which would be less than such minimum need be made. The formula to be used in computing such refund shall be filed with the commissioner.

      3.  If a creditor requires a debtor to pay the premium in connection with credit accident and health insurance and an individual policy or group certificate of insurance is not issued, the creditor shall immediately give written notice to such debtor and shall promptly make an appropriate credit to the account.

      4.  The amount charged to a debtor for credit accident and health insurance shall not exceed the premium charged by the insurer, as computed at the time the charge to the debtor is determined.

      Sec. 11.  All policies of credit accident and health insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business therein, and shall be issued only through holders of licenses or authorizations issued by the commissioner.

      Sec. 12.  1.  All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract.


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

ê1959 Statutes of Nevada, Page 647 (Chapter 417, SB 127)ê

 

      2.  All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of such claimant to one specified.

      3.  No plan or arrangement shall be used whereby any person, firm or corporation other than the insurer or its designated claim representative is authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in adjusting claims; but a group policyholder may, by arrangement with the group insurer, draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer.

      Sec. 13.  When credit accident and health insurance is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required coverage through any insurer authorized to transact an insurance business within this state.

      Sec. 14.  The commissioner may, after notice and hearing, issue such rules and regulations as he deems appropriate for the supervision of sections 2 to 16, inclusive, of this chapter. Whenever the commissioner finds that there has been a violation of such sections or any rules or regulations issued pursuant thereto, and after written notice thereof and hearing given to the insurer or other person authorized or licensed by the commissioner, he shall set forth the details of his findings together with an order for compliance by a specified date. Such order shall be binding on the insurer and any other person authorized or licensed by the commissioner on the date specified unless sooner withdrawn by the commissioner or a stay thereof has been ordered by a court of competent jurisdiction.

      Sec. 15.  Any party to the proceeding affected by an order of the commissioner shall be entitled to judicial review by following the procedure set forth in NRS 680.230.

      Sec. 16.  In addition to any other penalty provided by law, any person who violates an order of the commissioner after it has become final, and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the State of Nevada a sum not to exceed $250, which may be recovered in a civil action, except that if such violation is found to be willful, the amount of such penalty shall be a sum not to exceed $1,000. The commissioner, in his discretion, may revoke or suspend the license or certificate of authority of the person guilty of such violation. Such order for suspension or revocation shall be subject to judicial review as provided in section 15 of this chapter.

 

________

 

 


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ê1959 Statutes of Nevada, Page 648ê

 

CHAPTER 418, AB 489

Assembly Bill No. 489–Committee on Judiciary

CHAPTER 418

AN ACT to amend chapter 279 of NRS and NRS sections 279.010 and 279.020, relating to urban renewal, by enacting a community redevelopment law; by defining terms; by declaring the policy of the state; by providing for redevelopment agencies, redevelopment plans, powers, duties, contracts, officers and employees of such agencies; by providing for the designation of redevelopment areas, hearings, adoption of plans by legislative bodies and participation of planning commission; by providing for the financing of redevelopment plans, bond issues, appropriations, taxation and the allocation of tax receipts; by providing for the creation of community redevelopment agency administrative funds and redevelopment revolving funds; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 279.010 is hereby amended to read as follows:

      279.010  [This chapter] The provisions contained in NRS 279.010 to 279.380, inclusive, shall be known and may be cited as the Urban Renewal Law.

      Sec. 2.  NRS 279.020 is hereby amended to read as follows:

      279.020  The terms defined in NRS 279.030 to 279.220, inclusive, wherever used or referred to in [this chapter,] NRS 279.030 to 279.380, inclusive, shall have the meanings set forth in such sections, unless a different meaning is clearly indicated by the content.

      Sec. 3.  Chapter 279 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 153, inclusive, of this act.

      Sec. 4.  The provisions contained in sections 4 to 153, inclusive, of this act shall be known and may be cited as the Community Redevelopment Law.

      Sec. 5.  The terms defined in sections 6 to 20, inclusive, of this act wherever used or referred to in sections 7 to 153, inclusive, of this act shall have the meanings set forth in such sections, unless a different meaning is clearly indicated by the context.

      Sec. 6.  “Agency” means a redevelopment agency created under this act, or a legislative body which has elected to exercise the powers granted to an agency under this act.

      Sec. 7.  “Blighted area” means an area which is characterized by:

      1.  The existence of buildings and structures, used or intended to be used for living, commercial, industrial or other purposes, or any combination of such uses, which are unfit or unsafe to occupy for such purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime because of any one or a combination of the following factors:

      (a) Defective design and character of physical construction.

      (b) Faulty interior arrangement and exterior spacing.

      (c) High density of population and overcrowding.

      (d) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities.

      (e) Age, obsolescence, deterioration, dilapidation, mixed character or shifting of uses.


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ê1959 Statutes of Nevada, Page 649 (Chapter 418, AB 489)ê

 

      2.  An economic dislocation, deterioration or disuse, resulting from faulty planning.

      3.  The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development.

      4.  The laying out of lots in disregard of the contours and other physical characteristics of the ground and surrounding conditions.

      5.  The existence of inadequate streets, open spaces and utilities.

      6.  The existence of lots or other areas which are subject to being submerged by water.

      7.  Prevalence of depreciated values, impaired investments and social and economic maladjustment to such an extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered.

      8.  A growing or total lack of proper utilization of some parts of the area, resulting in a stagnant and unproductive condition of land potentially useful and valuable for contributing to the public health, safety and welfare.

      9.  A loss of population and reduction of proper utilization of some parts of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere.

      Sec. 8.  “Bonds” means any bonds, notes, interim certificates, debentures or other obligations issued by an agency pursuant to this act.

      Sec. 9.  “Community” means a city or county.

      Sec. 10.  “Federal Government” means the United States or any of its agencies or instrumentalities.

      Sec. 11.  “Legislative body” means the city council, board of county commissioners or other legislative body of a community.

      Sec. 12.  “Obligee” includes any bondholder, his trustee, any lessor demising to the agency property used in connection with a project area or any assignee of all or part of his interest, and the Federal Government when it is a party to any contract with the agency.

      Sec. 13.  “Planning commission” means a planning commission established pursuant to law or charter.

      Sec. 14.  “Project area” means all or part of a redevelopment area comprising one of the following:

      1.  At least one block bounded on all sides by public highways as shown on the official map of the community.

      2.  If no official map exists, an area of not less than 90,000 square feet, including any highways, streets or alleys.

      Sec. 15.  “Public body” means the state, or any city, county, district or any other political subdivision of the state.

      Sec. 16.  “Real property” means:

      1.  Land, including land under water and waterfront property.

      2.  Buildings, structures, fixtures and improvements on land.

      3.  Any property appurtenant to or used in connection with land.

      4.  Every estate, interest, privilege, easement, franchise and right in land, including rights-of-way, terms for years and liens, charges or incumbrances by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

      Sec. 17.  1.  “Redevelopment” means the planning, development, replanning, redesign, clearance, reconstruction or rehabilitation, or any combination of these, of all or part of a redevelopment area, and the provision of such residential, commercial, industrial, public or other structures or spaces as may be appropriate or necessary in the interest of the general welfare, including:

 


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

ê1959 Statutes of Nevada, Page 650 (Chapter 418, AB 489)ê

 

replanning, redesign, clearance, reconstruction or rehabilitation, or any combination of these, of all or part of a redevelopment area, and the provision of such residential, commercial, industrial, public or other structures or spaces as may be appropriate or necessary in the interest of the general welfare, including:

      (a) Recreational and other facilities appurtenant thereto.

      (b) The alteration, improvement, modernization, reconstruction or rehabilitation, or any combination thereof, of existing structures in a project area.

      (c) Provision for open space types of use, such as streets and other public grounds and space around buildings, and public or private buildings, structures and improvements, and improvements of public or private recreation areas and other public grounds.

      (d) The replanning or redesign or original development of undeveloped areas as to which either of the following conditions exist:

             (1) The areas are stagnant or improperly utilized because of defective or inadequate street layout, faulty lot layout in relation to size, shape, accessibility or usefulness, or for other causes.

             (2) The areas require replanning and land assembly for reclamation or development in the interest of the general welfare because of widely scattered ownership, tax delinquency or other reasons.

      2.  Redevelopment does not exclude the continuance of existing buildings or uses whose demolition and rebuilding or change of use are not deemed essential to the redevelopment and rehabilitation of the area.

      Sec. 18.  1.  “Redevelopment area” means an area of a community which is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in this act.

      2.  A redevelopment area need not be restricted to buildings, improvements or lands which are detrimental or inimical to the public health, safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A redevelopment area may include lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part.

      Sec. 19.  “Redevelopment project” means any undertaking of an agency pursuant to this act.

      Sec. 20.  “State” includes any state agency or instrumentality.

      Sec. 21.  It is found and declared that there exist in many communities blight areas which constitute either social or economic liabilities, or both, requiring redevelopment in the interest of the health, safety and general welfare of the people of such communities and of the state. These blighted areas are characterized by one or more of the conditions set forth in section 7 of this act.

      Sec. 22.  It is further found and declared that:

      1.  The existence of blighted areas constitutes a serious and growing menace which is condemned as injurious and inimical to the public health, safety and welfare of the people of the communities in which they exist and of the people of the state.


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

ê1959 Statutes of Nevada, Page 651 (Chapter 418, AB 489)ê

 

      2.  Such blighted areas present difficulties and handicaps which are beyond remedy and control solely by regulatory processes in the exercise of the police power.

      3.  They contribute substantially and increasingly to the problems of, and necessitate excessive and disproportionate expenditures for, crime prevention, correction, prosecution and punishment, the treatment of juvenile delinquency, the preservation of the public health and safety, and the maintaining of adequate police, fire and accident protection and other public services and facilities.

      4.  This menace is becoming increasingly direct and substantial in its significance and effect.

      5.  The benefits which will result from the remedying of such conditions and the redevelopment of blighted areas will accrue to all the inhabitants and property owners of the communities in which they exist.

      Sec. 23.  It is further found and declared that:

      1.  Conditions of blight tend to further obsolescence, deterioration and disuse because of the lack of incentive to the individual landowner and his inability to improve, modernize or rehabilitate his property while the condition of the neighboring properties remains unchanged.

      2.  As a consequence the process of deterioration of a blighted area frequently cannot be halted or corrected except by redeveloping the entire area, or substantial portions of it.

      3.  Such conditions of blight are chiefly found in areas subdivided into small parcels, held in divided and widely scattered ownerships, frequently under defective titles, and in many such instances the private assembly of the land in blighted areas for redevelopment is so difficult and costly that it is uneconomic and as a practical matter impossible for owners to undertake because of lack of legal power and excessive costs.

      4.  The remedying of such conditions may require the public acquisition at fair prices of adequate areas, the clearance of the areas through demolition of existing obsolete, inadequate, unsafe and insanitary buildings, and the redevelopment of the areas suffering from such conditions under proper supervision, with appropriate planning, and continuing land use and construction policies.

      Sec. 24.  It is further found and declared that blighted areas may include housing areas constructed as temporary government-owned wartime housing projects, and that such areas may be characterized by one or more of the conditions enumerated in section 7 of this act.

      Sec. 25.  It is declared to be the policy of the state:

      1.  To protect and promote the sound development and redevelopment of blighted areas and the general welfare of the inhabitants of the communities in which they exist by remedying such injurious conditions through the employment of all appropriate means.

      2.  That whenever the redevelopment of blighted areas cannot be accomplished by private enterprise alone, without public participation and assistance in the acquisition of land, in planning and in the financing of land assembly, in the work of clearance, and in the making of improvements necessary therefor, it is in the public interest to employ the power of eminent domain, to advance or expend public funds for these purposes, and to provide a means by which blighted areas may be redeveloped or rehabilitated.


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

ê1959 Statutes of Nevada, Page 652 (Chapter 418, AB 489)ê

 

the power of eminent domain, to advance or expend public funds for these purposes, and to provide a means by which blighted areas may be redeveloped or rehabilitated.

      3.  That the redevelopment of blighted areas and the provision for appropriate continuing land use and construction policies in them constitute public uses and purposes for which public money may be advanced or expended and private property acquired, and are governmental functions of state concern in the interests of health, safety and welfare of the people of the state and of the communities in which the areas exist.

      4.  That the necessity in the public interest for the provisions of this act is declared to be a matter of legislative determination.

      Sec. 26.  There is in each community a public body, corporate and politic, known as the redevelopment agency of the community.

      Sec. 27.  An agency shall not transact any business or exercise any powers under this part unless, by resolution, the legislative body declares that there is need for an agency to function in the community.

      Sec. 28.  In any proceeding involving the validity or enforcement of, or relating to, any contract by an agency, the agency is conclusively deemed to have been established and authorized to transact business and exercise its powers upon proof of the adoption of such a resolution.

      Sec. 29.  For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of redevelopment projects located within the area in which it is authorized to act, any public body, upon the terms and with or without consideration as it determines, may:

      1.  Dedicate, sell, convey or lease any of its property to a redevelopment agency.

      2.  Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with redevelopment projects.

      3.  Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake.

      4.  Plan or replan, zone or rezone any part of such area and make any legal exceptions from building regulations and ordinances.

      5.  Enter into agreements with the Federal Government respecting action to be taken by such public body pursuant to any of the powers granted by this act. Such agreements may extend over any period, notwithstanding any law to the contrary.

      6.  Purchase or legally invest in any of the bonds of an agency and exercise all of the rights of any holder of such bonds.

      Sec. 30.  Execution or other judicial process shall not issue against the real property of an agency nor shall any judgment against an agency be a charge or lien upon its real property. This section does not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust or other encumbrance of an agency or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an agency on its rents, fees or revenues.

      Sec. 31.  If an agency has not redeveloped or acquired land for, or commenced the redevelopment of a project, or entered into contracts for redevelopment within 2 years after the adoption of a resolution, as provided in section 27 of this act, the legislative body may by resolution declare that there is no further need for the agency.


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

ê1959 Statutes of Nevada, Page 653 (Chapter 418, AB 489)ê

 

or commenced the redevelopment of a project, or entered into contracts for redevelopment within 2 years after the adoption of a resolution, as provided in section 27 of this act, the legislative body may by resolution declare that there is no further need for the agency. Upon the adoption of the resolution the offices of the agency members are vacated and the capacity of the agency to transact business or exercise any powers is suspended until the legislative body adopts a resolution declaring the need for the agency to function.

      Sec. 32.  The legislative body of the community may order the dissolution of an agency if the agency has no outstanding bonded indebtedness, and if the unanimous written consent of the members of the agency is first obtained.

      Sec. 33.  When the legislative body adopts a resolution declaring the need for an agency the mayor or other executive officer of a city or chairman of the board of county commissioners, with the approval of the legislative body, shall appoint five resident electors of the community as members of the agency.

      Sec. 34.  A member may not be an elective officer or an employee of the community, but, notwithstanding any other law, he may be a member, or employee of any other agency or authority of, or created for, the community.

      Sec. 35.  1.  As an alternative to the appointment of five members of the agency, the legislative body may, at the time of the adoption of a resolution pursuant to section 27 of this act, declare itself to be the agency in which case, all the rights, powers, duties, privileges and immunities, vested by this act in an agency shall be vested in the legislative body of the community.

      2.  A city may enact its own procedural ordinance and exercise the powers granted by this act.

      3.  An agency is authorized to delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking of a redevelopment project in the area in which such community is authorized to act, and such community is hereby authorized to carry out or perform such powers or functions for the agency.

      Sec. 36.  Three of the members first appointed shall be designated to serve for terms of 1, 2 and 3 years, respectively, from the date of their appointments and two shall be designated to serve for terms of 4 years from the date of their appointments. Their successors shall be appointed for 4-year terms. Vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until his successor is appointed and qualified.

      Sec. 37.  The appointing officer shall designate the first chairman from among the members. When there is a vacancy in such office, the agency shall elect a chairman from among its members. Unless otherwise prescribed by the legislative body, the term of office as chairman is for the calendar year, or for that portion remaining after he is designated or elected.

      Sec. 38.  Members shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. They may receive such other compensation as the legislative body prescribes.

      Sec. 39.  For inefficiency, neglect of duty or misconduct in office, a member may be removed by the appointing officer, but only after he has been given a copy of the charges at least 10 days prior to a public hearing on such charges and has had an opportunity to be heard in person or by counsel.


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ê1959 Statutes of Nevada, Page 654 (Chapter 418, AB 489)ê

 

member may be removed by the appointing officer, but only after he has been given a copy of the charges at least 10 days prior to a public hearing on such charges and has had an opportunity to be heard in person or by counsel. If a member is removed, a record of the proceedings and the charges and findings shall be filed in the office of the clerk of the community.

      Sec. 40.  No agency or community officer or employee who in the course of his duties is required to participate in the formulation of or to approve plans or policies for the redevelopment of a project area shall acquire any interest in any property included within a project area within the community. If any such officer or employee owns or has any direct or indirect financial interest in such property, he shall immediately make a written disclosure of it to the agency and the legislative body which shall be entered on their minutes. Failure to so disclose constitutes misconduct in office.

      Sec. 41.  An agency shall not acquire from any of its members or officers any property or interest in property except through eminent domain proceedings.

      Sec. 42.  The powers of each agency are vested in the members in office.

      Sec. 43.  Each redevelopment agency exercises governmental functions and has the powers prescribed in this act.

      Sec. 44.  An agency may:

      1.  Sue and be sued.

      2.  Have a seal.

      3.  Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

      4.  Make, amend and repeal bylaws and regulations not inconsistent with, and to carry into effect, the powers and purposes of this act.

      5.  Obtain, hire, purchase or rent office space, equipment, supplies, insurance and services.

      6.  Authorize and pay the travel expenses of agency members, officers, agents, counsel and employees on agency business.

      Sec. 45.  For the purposes of the agency, it shall have access to the services and facilities of the planning commission, the city engineer and other departments and offices of the community.

      Sec. 46.  An agency may select, appoint and employ such permanent and temporary officers, agents, counsel and employees as it requires, and determine their qualifications, duties, benefits and compensation, subject only to the conditions and restrictions imposed by the legislative body on the expenditure or incumbrance of the funds appropriated to the community redevelopment agency administrative fund.

      Sec. 47.  An agency may:

      1.  From time to time prepare plans for the improvement, rehabilitation and redevelopment of blighted areas.

      2.  Disseminate redevelopment information.

      3.  Accept financial or other assistance from any public or private source, for the agency’s activities, powers and duties, and expend any funds so received for any of the purposes of this act.

      Sec. 48.  Within the redevelopment area or for purposes of redevelopment an agency may:


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

ê1959 Statutes of Nevada, Page 655 (Chapter 418, AB 489)ê

 

      1.  Purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise or otherwise, any real or personal property, any interest in property and any improvements thereon.

      2.  Acquire real property by eminent domain.

      3.  Clear buildings, structures or other improvements from any real property acquired.

      4.  Sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust or otherwise, or otherwise dispose of any real or personal property or any interest in property.

      5.  Insure or provide for the insurance of any real or personal property or operations of the agency against risks or hazards.

      6.  Rent, maintain, manage, operate, repair and clear such real property.

      Sec. 49.  Any lease or sale made pursuant to section 48 of this act may be made without public bidding but only after a public hearing, notice of which shall be given by publication for not less than once a week for 2 weeks in a newspaper of general circulation published in the county in which the land lies.

      Sec. 50.  An agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause streets and highways to be laid out and graded, and pavements or other road surfacing, sidewalks and curbs, and public utilities to be constructed and installed.

      Sec. 51.  An agency may operate a rehousing bureau to assist site occupants in obtaining adequate temporary or permanent housing. It may incur any necessary expenses for this purpose.

      Sec. 52.  An agency may make relocation payments to or with respect to persons, including families, business concerns and others, displaced by a redevelopment project, for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the Federal Government.

      Sec. 53.  An agency may:

      1.  Invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in property or securities in which savings banks may legally invest money subject to their control.

      2.  Purchase its bonds at a price not more than their principal amount and accrued interest. All bonds so purchased shall be canceled.

      Sec. 54.  An agency may obligate lessees or purchasers of property acquired in a redevelopment project to:

      1.  Use the property for the purpose designated in the redevelopment plans.

      2.  Begin the redevelopment of the project area within a period of time which the agency fixes as reasonable.

      3.  Comply with other conditions which the agency deems necessary to carry out the purposes of this act.

      Sec. 55.  The agency may provide in the contract that any of the obligations of the purchaser are covenants or conditions running with the land, the breach of which shall cause the fee to revert to the agency.

      Sec. 56.  This act does not authorize an agency to construct or rehabilitate any of the buildings for residential, commercial, industrial or other use contemplated by the redevelopment plan.


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

ê1959 Statutes of Nevada, Page 656 (Chapter 418, AB 489)ê

 

other use contemplated by the redevelopment plan. This act does not authorize an agency to sell, lease, grant or donate public property to a housing authority or to any public agency for low-rent public housing projects.

      Sec. 57.  Without the consent of an owner, an agency may not acquire any real property on which an existing building is to be continued on its present site and in its present form and use unless such building requires structural alteration, improvement, modernization or rehabilitation, or the site or lot on which the building is situated requires modification in size, shape or use or it is necessary to impose upon such property any of the standards, restrictions and controls of the plan and the owner fails or refuses to agree to participate in the redevelopment plan.

      Sec. 58.  An agency may borrow money or accept financial or other assistance from the state or the Federal Government for any redevelopment project within its area of operation, and may comply with any conditions of such loan or grant.

      Sec. 59.  Property already devoted to a public use may be acquired by the agency through eminent domain, but property of a public body shall not be acquired without its consent.

      Sec. 60.  The territorial jurisdiction of the agency of a county is the unincorporated territory in the county, and that of a city or city and county is the territory within its limits.

      Sec. 61.  The agency may in any year during which its owns property in a redevelopment project pay to any city, county, city and county, district or other public corporation which would have levied a tax upon such property had it not been exempt, an amount of money in lieu of taxes.

      Sec. 62.  Any work of grading, clearing, demolition or construction in excess of $1,500 undertaken by the agency shall be done by contract after competitive bids.

      Sec. 63.  1.  Before awarding any contract for such work to be done in a project, the agency shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed, for each craft or type of workman needed to execute the contract or work, and shall specify in the call for bids for the contract and in the contract such rate and the general prevailing rate for regular, holiday and overtime work in the locality, for each craft or type of workman needed to execute the contract.

      2.  The contractor to whom the contract is awarded and any subcontractor under him shall pay not less than the specified prevailing rate of wages to all workmen employed in the execution of the contract.

      Sec. 64.  As a penalty to the agency which awarded the contract, the contractor shall forfeit $10 for each calendar day or portion thereof for each workman paid less than the stipulated prevailing rates for any public work done under the contract by him or by any subcontractor under him. A stipulation to this effect shall be included in the contract.

      Sec. 65.  Each contractor and subcontractor shall keep an accurate record showing the name, occupation and actual per diem wages paid to each workman employed by him in connection with the work. The record shall be kept open at all reasonable hours to the inspection of the agency.


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

ê1959 Statutes of Nevada, Page 657 (Chapter 418, AB 489)ê

 

record shall be kept open at all reasonable hours to the inspection of the agency.

      Sec. 66.  An agency shall require each successful bidder to file with it good and sufficient bonds, to be approved by it. The bonds shall be conditioned upon the faithful performance of the contract and upon the payment of all claims for labor and material in connection with the contract.

      Sec. 67.  Two or more agencies within two or more communities may jointly exercise the powers granted under this act. In such case the agencies, the planning commissions and the legislative bodies may hold joint hearings and meetings, or the legislative bodies of the communities acting separately may each designate the agency of one of the communities to act as the agency for all of the interested communities.

      Sec. 68.  If one agency is designated, it shall obtain the report and recommendation of the planning commission of each community on the redevelopment plan and its conformity to the master or general plan of each community before presenting the tentative redevelopment plan or the redevelopment plan to the respective legislative bodies for adoption.

      Sec. 69.  The designated agency and each planning commission shall cooperate in formulating redevelopment plans.

      Sec. 70.  By ordinance the legislative body of a community may authorize the redevelopment of an area within its territorial limits by another community if such area is contiguous to such other community. The ordinance shall designate the community to undertake such redevelopment. The community so authorized may undertake the redevelopment of such area in all respects as if the area was within its territorial limits and its legislative body, agency and planning commission shall have all the rights, powers and privileges with respect to such area as if it was within the territorial limits of the community so authorized. Neither the legislative body, agency nor planning commission of the community so authorizing shall be required to comply with any requirements of this act except as set forth in this section. Any redevelopment plan for such area shall be approved by ordinance enacted by the legislative body of the community so authorizing.

      Sec. 71.  Before any area is designated for redevelopment, the community authorized to undertake such development shall:

      1.  Have a planning commission.

      2.  Have a master or general community plan adopted by the planning commission or the legislative body. The plan shall include all of the following:

      (a) The general location and extent of existing and proposed major thoroughfares, transportation routes, terminals and other major public utilities and facilities.

      (b) A land-use plan which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, recreation, education, public buildings and grounds and other categories of public and private uses of land.

      (c) A statement of the standards of population density and building intensity recommended for the various districts and other territorial units, and estimates of future population growth, in the territory covered by the plan, all correlated with the land-use plan.


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

ê1959 Statutes of Nevada, Page 658 (Chapter 418, AB 489)ê

 

units, and estimates of future population growth, in the territory covered by the plan, all correlated with the land-use plan.

      (d) Maps, plans, charts or other descriptive matter showing the areas in which conditions are found indicating the existence of blighted areas.

      Sec. 72.  Redevelopment areas may be designated by resolution of the legislative body, or the legislative body may by resolution authorize the designation of redevelopment areas by resolution of the planning commission or by resolution of the members of the agency.

      Sec. 73.  The resolution designating a redevelopment area or areas shall contain the following:

      1.  A finding that the area designated is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in this act.

      2.  A finding that the area requires study to determine if a redevelopment project or projects within such area are feasible.

      3.  A description of the boundaries of the area designated.

      Sec. 74.  Any person, group, association or corporation may in writing, request the legislative body, or the planning commission or the agency if they are authorized by the legislative body to designate redevelopment areas, to designate a redevelopment area or areas for project study purposes, and may submit with their request plans showing the proposed redevelopment of such areas or any part or parts thereof.

      Sec. 75.  Of its own motion or at the request of the agency the planning commission may, or at the direction of the legislative body or upon the written petition of the owners in fee of a majority in area of any redevelopment area, excluding publicly owned areas or areas dedicated to a public use, the planning commission shall select one or more project areas comprising all or part of such redevelopment area, and formulate a preliminary plan for the redevelopment of each project area.

      Sec. 76.  A preliminary plan need not be detailed and is sufficient if it:

      1.  Describes the boundaries of the project area.

      2.  Contains a general statement of the land uses, layout of principal streets, population densities and building intensities and standards proposed as the basis for the redevelopment of the project area.

      3.  Shows how the purposes of this part would be attained by such redevelopment.

      4.  Shows that the proposed redevelopment conforms to the master or general community plan.

      Sec. 77.  The planning commission shall submit the preliminary plan for each project area to the agency and the agency shall base the tentative plan upon the preliminary plan. The agency shall make an analysis of the preliminary plan and include the analysis in its report to the legislative body.

      Sec. 78.  The agency and planning commission shall cooperate in the selection of project areas and in the preparation of the preliminary and tentative plans.


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

ê1959 Statutes of Nevada, Page 659 (Chapter 418, AB 489)ê

 

      Sec. 79.  1.  Before submitting the tentative plan to the legislative body the agency shall conduct a public hearing on such plan.

      2.  The agency shall publish notice of the hearing not less than once a week for 4 successive weeks prior to the hearing. The notice shall be published in a newspaper of general circulation, printed and published in the community, or if there is none, in a newspaper selected by the agency.

      3.  The notice of hearing shall include a legal description of the boundaries of the area or areas designated in the tentative plan and a general statement of the scope and objectives of the plan.

      4.  Copies of the notices shall be mailed to the last-known assessee of each parcel of land in the area designated in the tentative plan, at his last-known address as shown by the records of the assessor for the community.

      Sec. 80.  At the hearing the agency shall provide an opportunity for all interested persons or public or private agencies to be heard and to submit alternative redevelopment plans for a project area, and shall receive and consider written communications with reference to the alternative plan.

      Sec. 81.  1.  Any alternative plan submitted for a project area shall be considered and reported on by the agency and the planning commission when the tentative plan of a project area is submitted to the legislative body.

      2.  If after the public hearings the agency makes substantial changes in the tentative plan, which affect the master or general community plan adopted by the planning commission or the legislative body, the tentative plan shall be resubmitted to the planning commission for its report and recommendation.

      Sec. 82.  The tentative plan shall be presented by the agency to the legislative body and shall be accompanied by a report:

      1.  Setting forth the reasons for the selection of the project area.

      2.  Describing the physical, social and economic conditions existing in the area.

      3.  Including a preliminary financial analysis of the proposed redevelopment and proposed rent ranges on properties for residential use, for the purpose of indicating the general character of the proposed residential development.

      4.  Including the report and recommendations of the planning commission.

      Sec. 83.  Upon submission to it of a tentative plan for a project area, the legislative body may approve or reject it or refer it back to the agency or planning commission for further study or revision.

      Sec. 84.  1.  Before passing upon the tentative plan, the legislative body shall set a time and fix a place for a public hearing on its adoption.

      2.  Notice of the hearings shall be published not less than once a week for 3 successive weeks prior to the date of hearing. The notice shall be by publication in a newspaper of general circulation, printed and published in the community, or if there is none, in a newspaper selected by the legislative body.


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

ê1959 Statutes of Nevada, Page 660 (Chapter 418, AB 489)ê

 

      3.  The notice of hearing shall include a legal description of the boundaries of the area or areas designated in the tentative plan and a general statement of the scope and objective of the plan.

      Sec. 85.  At the hearing the legislative body shall:

      1.  Consider the report of the agency and the recommendation and report of the planning commission.

      2.  Provide an opportunity for all interested persons or agencies to be heard and receive and consider written communications with reference to the tentative plan.

      3.  Take other evidence and testimony presented concerning the matters under consideration.

      Sec. 86.  At any time prior to the day set by the legislative body for hearing, any qualified person or public or private agency may file with the legislative body an alternative plan for the project area.

      Sec. 87.  1.  Any alternative plan of a project area submitted to the legislative body which has not already been considered and reported on by the agency and the planning commission shall be referred to them for consideration and report. The agency shall report to the legislative body and make its recommendations on the alternative plan within 30 days. The planning commission shall report within 30 days to the legislative body and make its recommendations concerning the alternative plan and its conformity to the master or general plan of the community.

      2.  The hearing on a tentative plan may be postponed or continued from time to time to allow time for the agency and the planning commission to make such report.

      Sec. 88.  After the hearing the legislative body shall:

      1.  Determine whether the redevelopment of the project area is in the public interest and tends to effectuate the purposes and policy of this act.

      2.  Approve or reject the tentative plan or any alternative plan, or modify either and approve or reject it as modified.

      Sec. 89.  If the planning commission recommends against the approval of the tentative plan or any alternative plan, by ordinance the legislative body may adopt either plan upon a two-thirds vote of its entire membership. If the planning commission recommends approval or fails to make any recommendation within 30 days or within the time allowed by the legislative body for the agency and the planning commission to report, by ordinance the legislative body may adopt the tentative plan by a majority vote of the entire membership.

      Sec. 90.  When the legislative body approves a tentative plan for a project area, the area shall be established and given a name and number. It shall thereafter be referred to as an approved redevelopment project area, and all records or certified copies thereof in relation to the area shall be consolidated into one file, designated by such name and number, and preserved by the clerk of the legislative body as public records.

      Sec. 91.  The ordinance shall include:

      1.  A legal description of the boundaries of the project area.

      2.  A statement of findings, based upon surveys, investigations, and reports of public agencies, and any other information showing the extent and character of blight, obsolescence and substandard conditions in the area and their injurious and detrimental effects upon the public health, safety and general welfare.


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

ê1959 Statutes of Nevada, Page 661 (Chapter 418, AB 489)ê

 

reports of public agencies, and any other information showing the extent and character of blight, obsolescence and substandard conditions in the area and their injurious and detrimental effects upon the public health, safety and general welfare.

      3.  The tentative plan for the redevelopment of the project area, showing the principal features of the master plan or general community plan as they apply to the project area.

      Sec. 92.  The legislative body shall transmit to the agency, the planning commission and the building department of the community a copy of the ordinance.

      Sec. 93.  The legislative body shall file with the county recorder of the county in which the project area is situated a description of the land within the project area and a statement that proceedings for the redevelopment of the project area have been instituted.

      Sec. 94.  After the adoption of a tentative plan for a project area, all applicants for building permits in the area shall be advised by the building department of the community that the site for which a building permit is sought for the construction of buildings or for other improvements is within a proposed redevelopment project area.

      Sec. 95.  Each agency shall prepare or cause to be prepared, or adopt, a redevelopment plan for each project area and for that purpose may hold hearings and conduct examinations, investigations and other negotiations.

      Sec. 96.  1.  Every redevelopment plan shall provide for participation in the redevelopment of property in the project area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with the redevelopment plan adopted by the legislative body for the area. This section does not prohibit the owners from submitting an alternative plan pursuant to this act.

      2.  With respect to each redevelopment project, each agency shall, within a reasonable time after the adoption of the tentative plan and before the adoption of the final plan, adopt and make available for public inspection rules to implement the operation of this section in connection with the plan.

      3.  Every redevelopment plan which contemplates property owner participation in the redevelopment shall contain alternative provisions for redevelopment of the property if the owners fail to participate in the redevelopment as agreed.

      Sec. 97.  A redevelopment plan for a project area shall conform to the master or general community plan insofar as the latter applies to the project area. The agency shall consult with the planning commission of the community in formulating redevelopment plans. A redevelopment plan for a project area shall be based upon the approved tentative plan, but any amendments to a redevelopment plan pursuant to section 117 of this act need not be based on the approved tentative plan.

      Sec. 98.  1.  Before the redevelopment plan of each project area is submitted to the legislative body, it shall be submitted to the planning commission for its report and recommendation concerning the redevelopment plan and its conformity to the master or general community plan adopted by the planning commission or the legislative body.


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

ê1959 Statutes of Nevada, Page 662 (Chapter 418, AB 489)ê

 

Within 30 days after a redevelopment plan is submitted to it for consideration, the planning commission shall make and file its report and recommendation with the agency.

      2.  If the planning commission recommends agains the approval of the redevelopment plan, the legislative body may adopt such plan by a two-thirds vote of its entire membership. If the planning commission recommends approval or fails to make any recommendation within the time allowed, the legislative body may adopt the redevelopment plan by a majority vote of the entire membership.

      Sec. 99.  Every redevelopment plan shall show:

      1.  The amount of open space to be provided and street layout.

      2.  Limitations on type, size, height, number and proposed use of buildings.

      3.  The number of dwelling units.

      4.  The property to be devoted to public purposes and the nature of such purposes.

      5.  Other covenants, conditions and restrictions which the legislative body prescribes.

      6.  The proposed method of financing the redevelopment of the project area in sufficient detail so that the legislative body may determine the economic feasibility of the plan.

      Sec. 100.  Every redevelopment plan shall provide for the agency to lease or sell all real property acquired by it in any project area, except property conveyed by it to the community. Any such lease or sale shall be conditioned on the redevelopment and use of the property in conformity with the redevelopment plan.

      Sec. 101.  A redevelopment plan may provide for the agency to:

      1.  Acquire by gift, purchase, lease or condemnation all or part of the real property in the project area.

      2.  Issue bonds and expend the proceeds from their sale in carrying out the redevelopment plan.

      Sec. 102.  Upon the formation or adoption of a redevelopment plan and its submission to the planning commission of the community, the agency shall submit it to the legislative body.

      Sec. 103.  The legislative body shall consider the redevelopment plan of a project area submitted by the agency, any alternative plan submitted pursuant to this act, and all evidence and testimony for or against the adoption of the plans at a public hearing, notice of which shall be given by publication for not less than once a week for 4 successive weeks in a newspaper of general circulation published in the county in which the land lies.

      Sec. 104.  On the question of the adoption of any redevelopment plan, the legislative body shall determine:

      1.  Whether the plan would redevelop the area in conformity with this act and in the interests of the public peace, health, safety and welfare.

      2.  Whether the adoption and carrying out of the redevelopment plan is economically sound and feasible.

      Sec. 105.  If alternative plans are submitted, the legislative body shall give preference to the plan which it deems will best redevelop the project area in conformity with the purposes and policy of this act and the master or general plan for the community and which requires the least interference with the continued enjoyment of existing property rights consistent with the purposes of this act.


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

ê1959 Statutes of Nevada, Page 663 (Chapter 418, AB 489)ê

 

and the master or general plan for the community and which requires the least interference with the continued enjoyment of existing property rights consistent with the purposes of this act.

      Sec. 106.  If the legislative body determines that the redevelopment plan conforms to the master or general plan of the community, that it is economically sound and feasible, and that the carrying out of the plan would promote the public peace, health, safety and welfare of the community and would effectuate the purposes and policy of this act, by ordinance adopted by a majority vote of all the members it may adopt the plan as the official redevelopment plan for the project area.

      Sec. 107.  If the plan provides for the expenditure of any money by the community, the legislative body shall provide for such expenditure at the time of or in connection with the approval of the plan.

      Sec. 108.  If the plan provides for the opening, closing, widening or changing the grade of any streets or alleys or any other modification of the street layout in the project area, the legislative body shall declare its intention to institute proceedings therefor at the time of or in connection with the adoption of the plan.

      Sec. 109.  If the plan provides for the condemnation of any real property, the legislative body may not adopt the plan unless it contains adequate provisions for payment for property so acquired.

      Sec. 110.  If the plan provides for the issuance of bonds or other obligations of the agency, the legislative body may not approve the plan unless it contains adequate provision for the payment of the principal and interest when they become due and payable.

      Sec. 111.  1.  If the plan provides for the temporary or permanent displacement of any occupants of housing facilities in the project area, the legislative body may not approve the plan except upon the finding that adequate permanent housing facilities are or will be made available in the community for such displaced occupants at rents comparable to those in the community at the time of their displacement.

      2.  The legislative body shall also be satisfied that such permanent housing facilities will be made available within 3 years from the time such occupants are displaced and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement.

      Sec. 112.  No plan may be approved unless it contains adequate safeguards that the work of redevelopment will be carried out pursuant to the plan and provides for the retention of controls and the establishment of any restrictions or covenants running with land sold or leased for private use for such periods of time and under such conditions as the legislative body deems necessary to effectuate the purposes of this act. The establishment of such controls is a public purpose under the provisions of this act.

      Sec. 113.  The approval of a redevelopment plan by a legislative body shall be by ordinance. The ordinance shall:

      1.  Contain a legal description of the boundaries of the project area covered by the redevelopment plan.

      2.  Set forth the purposes and intent of the legislative body with respect to the project area.


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

ê1959 Statutes of Nevada, Page 664 (Chapter 418, AB 489)ê

 

      3.  Refer specifically to the determinations required in other sections of this act.

      4.  Contain by reference to maps, reports and other information the full details of the approved plan.

      5.  Designate the approved plan as the official redevelopment plan of the project area.

      Sec. 114.  Upon the filing of the ordinance with the clerk or other appropriate officer of the legislative body, a copy of the ordinance shall be sent to the agency, and the agency is vested with the responsibility for carrying out the plan.

      Sec. 115.  The legislative body may require the agency to submit any contracts to the legislative body and obtain its approval before entering into such contracts.

      Sec. 116.  1.  If the redevelopment plan adopted provides for participation in the redevelopment of property in the area by the owners of such property, and if for 30 days after the adoption of the plan, the owners fail or refuse to enter into a binding agreement for participation in accordance with the plan, the alternative provisions provided for in section 96 of this act become effective as the official redevelopment plan of the project area. The legislative body may extend the 30-day period by not more than 60 days.

      2.  After the adoption of the redevelopment plan and the expiration of the period provided for in subsection 1, further proceedings which affect the specific area in which the owners refused to participate with reference to redevelopment of the project area shall be stayed for 30 days.

      3.  The findings and determinations of an agency and of a legislative body or of either of them, in the adoption and approval of any redevelopment plan, may be judicially reviewed by a court of competent jurisdiction. Such action must be brought within 90 days after the date of adoption of the ordinance approving the plan. No action may be brought prior to the adoption of the final redevelopment plan.

      Sec. 117.  1.  If at any time after the adoption of a tentative or redevelopment plan for a project area by the legislative body, it becomes necessary or desirable to amend or modify such plan, the legislative body may amend such plan upon the recommendation of the agency.

      2.  Before recommending amendment of the plan the agency shall hold a public hearing on the proposed amendment. Notice of such hearing shall be published at least 10 days prior to the date of hearing in a newspaper of general circulation, printed and published in the community, or, if there is none, in a newspaper selected by the agency. The notice of hearing shall include a legal description of the boundaries of the area designated in the plan to be amended and a general statement of the purpose of the amendment. Copies of the notices shall be mailed to the last-known assessee of each parcel of land within such boundaries, at his last-known address as shown by the records of the assessor for the community, and to persons, firms or corporations which have acquired property within such boundaries from the agency, at his last-known address as shown by the records of the agency.

      3.  If after the public hearings the agency recommends substantial changes in the plan which affect the master or community plan adopted by the planning commission or the legislative body, such changes shall be submitted to the planning commission for its report and recommendation to the legislative body within 30 days after such submission.


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

ê1959 Statutes of Nevada, Page 665 (Chapter 418, AB 489)ê

 

changes in the plan which affect the master or community plan adopted by the planning commission or the legislative body, such changes shall be submitted to the planning commission for its report and recommendation to the legislative body within 30 days after such submission.

      4.  After receiving the recommendation of the agency concerning such changes in the plan, and not sooner than 30 days after the submission of changes to the planning commission, the legislative body shall hold a public hearing on the proposed amendment, notice of which hearing shall be published in a newspaper in the manner designated above for notice of hearing by the agency. If after such hearing the legislative body determines that the amendments in the plan, proposed by the agency, are necessary or desirable, the legislative body shall adopt an ordinance amending the ordinance adopting the plan thus amended.

      Sec. 118.  1.  At any time after the agency created for any community becomes authorized to transact business and exercise its powers, the legislative body of the community may appropriate to the agency such amounts as the legislative body deems necessary for the administrative expenses and overhead of the agency. The money appropriated may be paid to the agency as a grant to defray the expenses and overhead, or as a loan to be repaid upon such terms and conditions as the legislative body may provide.

      2.  In addition to the common understanding and usual interpretation of the term, “administrative expense” includes, but is not limited to, expenses of redevelopment planning and dissemination of redeveloped information.

      Sec. 119.  1.  Each agency transacting business and exercising powers under this act shall annually submit to the legislative body of the community a proposed budget of its administrative expenses.

      2.  The legislative body may adopt an annual budget for the administrative expenses of the agency in such amounts as it deems necessary and may provide such conditions and restrictions upon the expenditure or encumbrance of the money appropriated pursuant to the budget as it deems advisable.

      Sec. 120.  The money appropriated for administrative expenses shall be kept in the treasury of the community in a special fund to be known as the community redevelopment agency administrative fund, and money shall be drawn from the fund to meet the administrative expenses of the agency in substantially the same manner as money is drawn by other agencies and departments of the community.

      Sec. 121.  The money appropriated by the legislative body to the community redevelopment agency administrative fund is money granted by the community to defray the administrative expenses of the agency which is performing a public function of the community and the grant of money in this manner is not to be construed as making the agency a department of the community or as placing the officers, agents, counsel and employees under civil service of the community.

      Sec. 122.  Each agency shall file with the legislative body a detailed report of all its transactions, including a statement of all revenues and expenditures, at monthly, quarterly or annual intervals as the legislative body may prescribe.


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

ê1959 Statutes of Nevada, Page 666 (Chapter 418, AB 489)ê

 

      Sec. 123.  1.  At any time after it has adopted a resolution declaring that there is need for an agency to function in the community, the legislative body may establish a redevelopment revolving fund to be kept in the treasury of the community.

      2.  For the purpose of raising money to be deposited in such fund, the legislative body may appropriate money or the community may issue and sell general obligation bonds.

      Sec. 124.  1.  The community may also issue and sell its general obligation bonds for the purpose of providing funds with which to redeem before maturity, retire at maturity, or purchase agency bonds issued under sections 130 to 149, inclusive, of this act. General obligation bonds issued pursuant to this section may be authorized and issued in a principal amount sufficient to provide funds for the payment of any or all of the following:

      (a) The principal amount of agency bonds proposed to be so redeemed, retired or purchased.

      (b) The estimated amount of any premiums required to be paid in connection with the redemption or purchase of such agency bonds.

      (c) The estimated amount of any due and unpaid interest or accrued interest on such agency bonds which must be paid at the time the same are redeemed, retired or purchased.

      (d) The estimated amount of all expenses incidental to or connected with the redemption, retirement or purchase of such agency bonds and the authorization, issuance and sale of such general obligation bonds.

      2.  All agency bonds redeemed, retired or purchased with the proceeds of such general obligation bonds shall be canceled and may not be reissued.

      Sec. 125.  If the redevelopment plan contains the provision authorized by section 151 of this act, the agency and the legislative body of the community may, either before or after the authorization of general obligation bonds for the purposes permitted by section 124 of this act, enter into an agreement that the principal amount of any such general obligation bonds sold for such purposes, together with all interest which the community may pay thereon, shall constitute a loan by the community to the agency for the purpose of refinancing the redevelopment project, and that, subject to any prior pledge of or claim upon the moneys in the special fund provided for in section 151 of this act, the moneys accruing to such special fund are irrevocably pledged to the repayment of such loan until there has been repaid to the community from time to time from such special fund the principal amount of such general obligation bonds plus all interest which the community may pay thereon, less such part, if any, of the proceeds of such general obligation bonds which were not used for such purposes, and less any premiums and accrued interest received by the community upon the sale of such general obligation bonds.

      Sec. 126.  Except as otherwise provided in this act, any general obligation bonds issued by any community pursuant to this act shall be authorized and issued in the manner and within the limitations prescribed by law or the charter of the community for the issuance and authorization of such bonds for public purposes generally. Irrespective of any limitation as to the amount of general obligation bonds which may be issued, a community may issue such bonds for the purposes prescribed in this act, in excess of the limitation, in such amount as may be authorized by the voters of the community at any general or special election.


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ê1959 Statutes of Nevada, Page 667 (Chapter 418, AB 489)ê

 

may be issued, a community may issue such bonds for the purposes prescribed in this act, in excess of the limitation, in such amount as may be authorized by the voters of the community at any general or special election.

      Sec. 127.  1.  By resolution of the legislative body adopted by a majority vote any money in the redevelopment revolving fund may be expended from time to time for:

      (a) The acquisition of real property in any project area.

      (b) The clearance, aiding in relocation of site occupants and preparation of any project area for redevelopment.

      2.  By resolution of the legislative body adopted by a two-thirds vote, any money in the redevelopment revolving fund may be paid to the agency, upon such terms and conditions as the legislative body may prescribe for any of the following purposes:

      (a) Deposit in a trust fund to be expended for the acquisition of real property in any project area.

      (b) The clearance of any project area for redevelopment.

      (c) Any expenses necessary or incidental to the carrying out of a redevelopment plan which has been adopted by the legislative body.

      Sec. 128.  1.  No real or personal property, or any interest therein, acquired or constructed in whole or in part with money from the redevelopment revolving fund may be sold or leased for an amount less than its fair value for uses in accordance with the redevelopment plan as determined by resolution or ordinance of the legislative body.

      2.  All money received by the agency from the sale, lease or encumbering of property acquired with money from the redevelopment revolving fund in excess of the money required to repay the loans and interest thereon authorized by this act shall be redeposited in the fund.

      3.  If any property acquired in whole or in part from the redevelopment revolving fund is to be sold or leased by the agency, the sale or lease shall be first approved by the legislative body by resolution adopted after public hearing. Notice of the time and place of the hearing shall be published once in the official newspaper of the community at least 1 week prior to the hearing. The resolution shall be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for such purpose.

      4.  All other provisions of this act that relate to financing are subject to this section. Nothing contained in such sections shall authorize an agency to construct any buildings.

      Sec. 129.  The legislative body of any community may abolish the redevelopment revolving fund whenever it finds that the purposes for which it was established have been accomplished. At the time of abolishing the fund, the legislative body shall transfer all money in it to the general obligation bond redemption fund and provide that all money thereafter to be deposited or redeposited in the redevelopment revolving fund shall be deposited in the general obligation bond redemption fund. Any surplus existing in the general obligation bond redemption fund after payment of principal and interest shall be transferred to the general fund of the community.

      Sec. 130.  From time to time an agency may issue bonds for any of its corporate purposes.


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ê1959 Statutes of Nevada, Page 668 (Chapter 418, AB 489)ê

 

its corporate purposes. An agency may also issue refunding bonds for the purpose of paying or retiring bonds previously issued by it.

      Sec. 131.  1.  An agency may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable:

      (a) Exclusively from the income and revenues of the redevelopment projects financed with the proceeds of the bonds, or with such proceeds together with financial assistance from the state or Federal Government in aid of the projects.

      (b) Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were financed in whole or in part with the proceeds of the bonds.

      (c) In whole or in part from taxes allocated to, and paid into a special fund of, the agency pursuant to the provisions of sections 150 to 153, inclusive, of this act.

      (d) From its revenues generally.

      (e) From any contributions or other financial assistance from the state or Federal Government.

      (f) By any combination of these methods.

      2.  Any of such bonds may be additionally secured by a pledge of any revenues or by an encumbrance by mortgage, deed of trust or otherwise of any redevelopment project or other property of the agency or by a pledge of the taxes referred to in subsection 1.

      Sec. 132.  1.  Neither the members of an agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance.

      2.  The bonds and other obligations of any agency are not a debt of the community, the state or any of its political subdivisions and neither the community, the state nor any of its political subdivisions is liable on them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

      Sec. 133.  1.  The agency may authorize bonds by resolution. The resolution, trust indenture or mortgage shall provide for:

      (a) The issuance of the bonds in one or more series.

      (b) The date the bonds shall bear.

      (c) The maturity dates of the bonds.

      (d) The interest rate.

      (e) The denomination of the bonds.

      (f) Their form, either coupon or registered.

      (g) The conversion or registration privileges carried by the bonds.

      (h) The rank or priority of the bonds.

      (i) The manner of their execution.

      (j) The medium of payment.

      (k) The place of payment.

      (l) The terms of redemption with or without premium to which the bonds are subject.

      2.  The bonds may be sold at not less than par, at public sale held after notice published once at least 5 days prior to the sale in a newspaper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the county.


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ê1959 Statutes of Nevada, Page 669 (Chapter 418, AB 489)ê

 

paper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the county. The bonds may be sold at not less than par to the Federal Government at private sale without any advertisement.

      Sec. 134.  If any agency member or officer whose signature appears on bonds or coupons ceases to be such member or officer before delivery of the bonds, his signature is as effective as if he had remained in office.

      Sec. 135.  Bonds issued pursuant to this act are fully negotiable.

      Sec. 136.  In any action or proceeding involving the validity or enforcibility of any bonds or their security, any such bond reciting in substance that it has been issued by the agency to aid in financing a redevelopment project is conclusively deemed to have been issued for a redevelopment project and the project is conclusively deemed to have been planned, located and constructed pursuant to this act.

      Sec. 137.  An agency may:

      1.  Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence.

      2.  Encumber by mortgage, deed of trust or otherwise all or any part of its real or personal property, then owned or thereafter acquired.

      Sec. 138.  An agency may covenant:

      1.  Against pledging all or any part of its rents, fees and revenues.

      2.  Against encumbering all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence.

      3.  Against permitting any lien on such revenues or property.

      4.  With respect to limitations on its right to sell, lease or otherwise dispose of all or part of any redevelopment project.

      5.  As to what other, or additional debts or obligations it may incur.

      Sec. 139.  An agency may:

      1.  Covenant as to the bonds to be issued, as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the bond proceeds.

      2.  Provide for the replacement of lost, destroyed or mutilated bonds.

      3.  Covenant against extending the time for the payment of its bonds or interest.

      4.  Redeem the bonds, covenant for their redemption, and provide the redemption terms and conditions.

      Sec. 140.  An agency may:

      1.  Covenant as to the consideration or rents and fees to be charged in the sale or lease of a redevelopment project, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to their use and disposition.

      2.  Create or authorize the creation of special funds for money held for redevelopment or other costs, debt service, reserves or other purposes, and covenant as to the use and disposition of such money.

      Sec. 141.  An agency may prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds whose holders are required to consent thereto, and the manner in which such consent may be given.

      Sec. 142.  An agency may covenant:


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ê1959 Statutes of Nevada, Page 670 (Chapter 418, AB 489)ê

 

      1.  As to the use of any or all of its real or personal property.

      2.  As to the maintenance of its real and personal property, its replacement, the insurance to be carried on it, and the use and disposition of insurance money.

      Sec. 143.  An agency may:

      1.  Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation.

      2.  Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

      Sec. 144.  An agency may:

      1.  Vest in a trustee or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds.

      2.  Vest in a trustee the right, in the event of a default by the agency, to take possession of all or part of any redevelopment project, to collect the rents and revenues arising from it and to dispose of such money pursuant to the agreement of the agency with the trustee.

      3.  Provide for the powers and duties of a trustee and limit his liabilities.

      4.  Provide the terms and conditions upon which the trustee or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds.

      Sec. 145.  An agency may:

      1.  Make covenants other than and in addition to the covenants expressly authorized of like or different character.

      2.  Make such covenants and do any and all such acts and things as may be necessary, convenient or desirable to secure its bonds, or, except as otherwise provided in this act, as will tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated in this act.

      Sec. 146.  In addition to all other rights which may be conferred on him, and subject only to any contractual restrictions binding upon him, a obligee may:

      1.  By mandamus, suit, action or proceeding, compel the agency and its members, officers, agents or employees to perform each and every term, provision and covenant contained in any contract of the agency with or for the benefit of the obligee, and require the carrying out of any or all such covenants and agreements of the agency and the fulfillment of all duties imposed upon it by this act.

      2.  By suit, action or proceeding in equity, enjoin any acts or things which may be unlawful, or the violation of any of the rights of the obligee.

      Sec. 147.  By its resolution, trust indenture, mortgage, lease or other contract, an agency may confer upon any obligee holding or representing a specified amount in bonds, the following rights upon the happening of an event or default prescribed in such resolution or instrument, to be exercised by suit, action or proceeding in any court of competent jurisdiction:


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ê1959 Statutes of Nevada, Page 671 (Chapter 418, AB 489)ê

 

      1.  To cause possession of all or part of any redevelopment project to be surrendered to any such obligee.

      2.  To obtain the appointment of a receiver of all or part of any redevelopment project of the agency and of the rents and profits from it. If a receiver is appointed, he may enter and take possession of the redevelopment project or any part of it, operate and maintain it, collect and receive all fees, rents, revenues or other charges thereafter arising from it, and shall keep such money in separate accounts and apply it pursuant to the obligations of the agency as the court shall direct.

      3.  To require the agency and its members and employees to account as if it and they were the trustees of an express trust.

      Sec. 148.  Bonds issued pursuant to this act are issued for an essential public and governmental purpose, and together with interest on them and income from them are exempt from all taxes.

      Sec. 149.  Notwithstanding any restrictions on investments contained in any laws, the state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, money or other funds belonging to them or within their control in any bonds or other obligations issued by an agency. Such bonds and other obligations are authorized security for all public deposits. It is one of the purposes of this act to authorize any persons, firms, corporations, associations, political subdivisions, districts or other public agencies and officers, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations. This act does not relieve any person, firm or corporation from any duty of exercising reasonable care in selecting securities.

      Sec. 150.  As used in sections 150 to 153, inclusive, of this act, the word “taxes” shall include, but without limitation, all levies on an ad valorem basis upon land or real property.

      Sec. 151.  Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment project each year by or for the benefit of the state, any city, county, city and county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, shall be divided as follows:

      1.  That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of such taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid.


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ê1959 Statutes of Nevada, Page 672 (Chapter 418, AB 489)ê

 

on all other property are paid. For the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of such ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the county last equalized on the effective date of such ordinance shall be used in determining the assessed valuation of the taxable property in the project on such effective date.

      2.  That portion of such levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by such redevelopment agency to finance or refinance, in whole or in part, such redevelopment project. Unless and until the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in such project as shown by the last equalized assessment roll referred to in subsection 1 of this section, all of the taxes levied and collected upon the taxable property in such redevelopment project shall be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in such redevelopment project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

      Sec. 152.  Whenever property in any redevelopment project has been redeveloped and thereafter is leased by the redevelopment agency to any person or persons or whenever the agency leases real property in any redevelopment project to any person or persons for redevelopment, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes upon the assessed value of the entire property and not merely upon the assessed value of his or its leasehold interest.

      Sec. 153.  In any redevelopment plan, or in the proceedings for the advance of moneys, or making of loans, or the incurring of any indebtedness, whether funded, refunded, assumed or otherwise, by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project, the portion of taxes mentioned in subsection 2 of section 151 of this act may be irrevocably pledged for the payment of the principal of and interest on such loans, advances or indebtedness.

      Sec. 154.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1959 Statutes of Nevada, Page 673ê

 

CHAPTER 419, SB 316

Senate Bill No. 316–Committee on Aviation, Transportation and Highways

CHAPTER 419

AN ACT to amend NRS sections 590.170, 590.325, 590.326 and 590.330, relating to petroleum products, their inspection and the regulation of advertising thereof, by designating specific penalties; by making technical corrections; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 590.170 is hereby amended to read as follows:

      590.170  No person shall keep, maintain or display on or near the premises of any place of business in this state any advertising medium which indicates or shows or advertises the price of gasoline or other motor vehicle fuel sold, offered for sale or advertised for sale from such premises, unless the actual price per gallon of gasoline or other motor vehicle fuel, including taxes, is also shown on such advertising medium, together with the word or words “gasoline” or “motor fuel” and the trade name [, brand, and name of responsible refiner of gasoline or other motor vehicle fuel product advertised for sale by such advertising medium.] or brand.

      Sec. 2.  NRS 590.325 is hereby amended to read as follows:

      590.325  1.  Notwithstanding any other provision of law, no person, firm or corporation shall sell or offer for sale, at retail, any gasoline for use in internal combustion engines in motor vehicles, unless such seller posts and keeps conspicuously posted on the individual pump or other dispensing device from which such gasoline is sold or offered for sale a sign or placard which shall:

      (a) Be not less than 7 inches in height and 8 inches in width, nor larger than 12 inches in height and 12 inches in width.

      (b) State clearly and legibly in numbers of uniform size the selling price or prices per gallon of such gasoline so sold or offered for sale from such pump or other dispensing device.

      (c) State clearly and legibly in numbers of uniform size the total amount of taxes per gallon to be collected with the sale of such gasoline.

      (d) State clearly and legibly the trade name, brand, mark or symbol, if any, of such gasoline.

      2.  No sign or placard stating or referring directly or indirectly to the price or prices of gasoline, other than such signs or placards as mentioned in subsection 1, shall be posed or maintained on, at, near or about the premises on which such gasoline is so sold or offered for sale.

      3.  Any person violating any of the provisions of this section shall be punished as provided in NRS 590.330.

      Sec. 3.  NRS 590.326 is hereby amended to read as follows:

      590.326  1.  Notwithstanding any other provision of law, no person, firm or corporation shall, in connection with the sale or offer for sale, at retail, of any petroleum products for use in motor vehicles, other than gasoline, post or maintain at such place of sale or offer for sale, any sign, placard or other display that states, relates or refers to the price at which such petroleum products are sold or offered for sale, except as follows:

 


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ê1959 Statutes of Nevada, Page 674 (Chapter 419, SB 316)ê

 

any sign, placard or other display that states, relates or refers to the price at which such petroleum products are sold or offered for sale, except as follows:

      [1.](a) Such sign, placard or other device shall be not less than 7 inches in [heighth] height and 8 inches in width, nor larger than 12 inches in height and 12 inches in width.

      [2.](b) The price stated, mentioned or referred to on such sign, placard, or other display shall be by the unit of the measure at which such petroleum products are customarily sold at retail.

      [3.](c) The name, trade name, brand, mark, or symbol of such petroleum products shall be clearly stated on such sign, placard, or other display, and if such petroleum products are sold without identification by name, trade name, brand, mark or symbol such sign, placard, or other display shall refer clearly to such petroleum products as unbranded.

      [4.](d) If such petroleum products are sold or delivered by or through the means of dispensing equipment, such sign, placard or other display shall be posted and maintained on such dispensing equipment and at no other place.

      2.  Any person violating any of the provisions of this section shall be punished as provided in NRS 590.330.

      Sec. 4.  NRS 590.330 is hereby amended to read as follows:

      590.330  Any violation of the provisions of NRS 590.160 to [590.320,] 590.330, inclusive, shall be punished as follows:

      1.  For the first conviction, the violator shall be fined not less than $100 nor more than $500.

      2.  For the second conviction, the violator shall be fined $500, and may be imprisoned in the county jail for a period not in excess of 6 months.

      3.  For the third and subsequent convictions, the violator shall be fined not less than $500 nor more than $1,000, and may in addition thereto be imprisoned in the county jail for not more than 1 year.

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

 

________

 

 

CHAPTER 420, SB 357

Senate Bill No. 357–Committee on Banks, Banking and Corporations

CHAPTER 420

AN ACT to repeal chapter 674 of NRS relating to the Nevada Small Loan Act.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  Chapter 674 of NRS is hereby repealed.

 

________

 

 


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ê1959 Statutes of Nevada, Page 675ê

 

CHAPTER 421, AB 466

Assembly Bill No. 466–Committee on State Institutions

CHAPTER 421

AN ACT to amend NRS sections 202.010, 210.040, 210.060, 210.070, 210.090 and 210.180, relating to sales of tobacco to minors, powers and duties of the Nevada school of industry advisory board, the appointment, residence, salary, expenses, powers and duties of the superintendent of such school, and the enrollment, employment, commitment and expenses for support of inmates of such school, by allowing the superintendent to sell tobacco to inmates 16 years of age or older, with parental consent; by providing for appointment and classification of the superintendent and broadening his powers and duties; by prescribing the conditions under which a person may be accepted or rejected by the school; by deleting reference to physical examination of inmates; to amend chapter 210 of NRS, relating to the Nevada school of industry, by providing for the powers and duties of committing court and the superintendent of the school; by providing for the care of female inmates; by providing for the rejection, acceptance, release, parole and mental observation of inmates; by providing for the establishment of forestry camps and the labor of the inmates therein; by providing for the powers and duties of employees and officers of the school; by providing penalties; by allowing the superintendent to enter into contracts; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 202.010 is hereby amended to read as follows:

      202.010  1.  Except as provided in [subsection 2,] subsections 2 and 3, it shall be unlawful for any person or persons, firm, association, corporation or managing agent of any person, firm, association or corporation to sell, give away, or offer to sell cigarettes, cigarette paper or any tobacco of any description to any person under the age of 18 years.

      2.  Upon the written order of the parent or guardian of the minor, the person applied to may give or sell to the minor, for the use of the guardian or parent, cigarettes, cigarette paper, or tobacco of any description. The written request shall be kept on file by the seller or giver of the article so sold or given away.

      3.  The superintendent of the Nevada school of industry may sell or supply cigarettes, cigarette paper, tobacco or tobacco products to any minor 16 years of age or older confined in any institution under his supervision, if the guardian or parent of such minor consents thereto.

      4.  Any person violating any provision of this section shall be guilty of a misdemeanor and on conviction shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for a period not less than 50 days nor more than 6 months, or by both fine and imprisonment.

      [4.]5.  If any dealer in cigarettes, cigars and tobacco shall be convicted twice for the commission of the offense described in subsection 1, he shall forfeit his license or licenses for carrying on his business, and no license shall be again granted to him for a like business in this state.


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ê1959 Statutes of Nevada, Page 676 (Chapter 421, AB 466)ê

 

      Sec. 2.  NRS 210.040 is hereby amended to read as follows:

      210.040  The school of industry advisory board shall be an advisory body to the superintendent, and as such shall have the following advisory powers and duties:

      1.  To be informed on and interested in the entire field of legislation and administration concerning the care of minors adjudged delinquent.

      2.  To advise the superintendent concerning the organization and administration of the school and to approve out-of-state institutions for the commitment of female inmates. The superintendent shall report to the board upon all matters concerning the administration of his office, and he shall request the advice and counsel of the board on matters concerning the policy thereof; but the superintendent shall be responsible for the conduct and policies of the school and its administrative functions, unless otherwise provided by law.

      3.  To report to the governor and legislature on all matters which it may deem pertinent to the school, and concerning any specific matters previously requested by the governor.

      4.  To advise and make recommendations to the governor or legislature relative to the policy of the state concerning minors adjudged delinquent.

      5.  To advise the superintendent with respect to the preparation and amendment of rules and regulations to give effect to the provisions of this chapter.

      6.  To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.

      7.  To keep minutes of the transactions of each board meeting regular or special, which shall be public records and filed with the school.

      8.  To adopt and maintain a program of public indoctrination as to the operation and needs of the school.

      Sec. 3.  NRS 210.060 is hereby amended to read as follows:

      210.060  1.  The superintendent of the school shall be selected on the basis of merit under the provisions of chapter 284 of NRS, and shall be in the classified service of the state, except for the purposes of removal. He shall be appointed by and be responsible to the governor, and he shall serve at the pleasure of the governor.

      2.  He shall reside on the school grounds in quarters to be furnished by the school.

      3.  [Except as otherwise provided by law, his only compensation shall be an annual salary of $5,400.

      4.]  He shall receive the per diem expense allowance and travel expenses as fixed by law.

      Sec. 4.  NRS 210.070 is hereby amended to read as follows:

      210.070  1.  The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.

      2.  He shall be the executive and administrative head of the school, and as such shall have the following powers and duties:

      (a) To exercise general supervision of and make and revise rules and regulations for the government of the school.


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

ê1959 Statutes of Nevada, Page 677 (Chapter 421, AB 466)ê

 

      (b) To make and revise rules and regulations for the preservation of order and the enforcement of discipline.

      (c) To be responsible for and to supervise the fiscal affairs and responsibilities of the school, and to purchase such supplies and equipment as may be necessary from time to time.

      (d) To make quarterly reports to the board, and to supply the legislature with material on which to base legislation.

      (e) To keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      (f) To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of this chapter.

      (g) To submit [a biennial] an annual report to the governor and the legislature of the condition, operation and functioning of the school, and anticipated needs of the school.

      (h) To keep the public informed in regard to the activities and operation of the school, and to disseminate other information which will acquaint the public with juvenile correctional problems.

      Sec. 5.  NRS 210.090 is hereby amended to read as follows:

      210.090  1.  The superintendent shall cause a department of instruction to be organized for the inmates of the school, with programs of study corresponding so far as practicable with programs of study given in the elementary and high schools of the state.

      2.  The superintendent may arrange for industrial training and the teaching of various trades, and he may purchase such supplies and equipment as may be necessary for the teaching of such programs of study.

      3.  If deemed practicable, inmates of the school may be enrolled for instruction at the Elko County high school, and the superintendent shall provide transportation for such inmates to the high school.

      4.  The superintendent may also arrange for the employment of inmates upon ranches, farms and in other private occupations during the summer vacation months and for other periods which he deems proper for the full utilization of the inmates’ time and productive capacities; but the inmates shall be not be compelled to accept such private employment against their desires. [The] For the purposes of this section, the amounts to be paid to the inmates and the working conditions under which they shall be employed shall be determined by the superintendent and the employer, and any amounts paid shall, at the discretion of the superintendent, be paid in whole or in part to the inmate or to the superintendent for safekeeping as provided for in NRS 210.160.

      5.  The ultimate purpose of all such instruction, training, employment and industries shall be to qualify inmates for profitable and honorable employment, and to enable them to lead useful lives after their release from the institution.

      Sec. 6.  NRS 210.180 is hereby amended to read as follows:

      210.180  1.  It shall be lawful for the courts to commit to the school those minor persons between the ages of 8 and 18 years whom they have found to be delinquents as provided by law.


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ê1959 Statutes of Nevada, Page 678 (Chapter 421, AB 466)ê

 

have found to be delinquents as provided by law. Before any such person is conveyed to the school it shall be ascertained from the superintendent whether adequate facilities are available to provide the necessary care to such person. The superintendent shall fix the time at which such person shall be delivered to the school. The superintendent shall accept such person unless there are not adequate facilities available to provide the necessary care, or there are not adequate funds available for the support of the school, or, in the opinion of the superintendent, such person is not suitable for admission to the school. In the case of a female minor, and upon the written request of the superintendent, the court may order her commitment to a school approved by the board outside of the State of Nevada.

      2.  The court may order, when committing a minor to the care, custody and control of the school, the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. The moneys so ordered paid shall be paid to the superintendent, who shall immediately deposit the sum in the state treasury to be credited to the general fund.

      [3.  The court shall order, before commitment, that such minor person be given a physical examination, which examination shall include a blood test, X-ray examination for tuberculosis, urinalysis and an examination for venereal disease, by some licensed physician. The physician shall, within 5 days after such examination, make a written report of the results thereof to the superintendent, or, in the case of a female minor, to the executive head of a school outside of the State of Nevada to which such minor person is committed. Such examination shall be paid for by the county wherein such commitment was ordered.]

      Sec. 7.  Chapter 210 of NRS is hereby amended by adding thereto the provisions set forth as section 8 to 24 inclusive, of this act.

      Sec. 8.  The committing court shall send to the superintendent a summary of all the facts in the possession of the court concerning the history of the person committed and a statement of the mental and physical condition of the ward, which shall accompany the commitment papers.

      Sec. 9.  All female persons committed to the school shall be dealt with, so far as possible, by or in the presence of a female attendant, and during periods of transportation, shall be in the care and custody of a female attendant.

      Sec. 10.  No ward of the juvenile court may be committed to the school unless such court is satisfied that the mental and physical condition and qualifications of the ward are such as to render it probable that such ward will be benefited by the reformatory educational discipline or other treatment provided by the school.

      Sec. 11.  1.  If any person committed to the school appears, either at the time of his commitment or after becoming an inmate, to be an improper person to be retained in the school, or to be so incorrigible or so incapable of reformation under the discipline of the school as to render his detention detrimental to the interests of the school, the superintendent may return such person to the committing court.

      2.  The return of any person to the committing court does not relieve the school of any of its duties or responsibilities under the original commitment, and such commitment continues in full force and effect until is is vacated, modified or set aside by order of court.


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ê1959 Statutes of Nevada, Page 679 (Chapter 421, AB 466)ê

 

relieve the school of any of its duties or responsibilities under the original commitment, and such commitment continues in full force and effect until is is vacated, modified or set aside by order of court.

      Sec. 12.  1.  The committing court may change, modify or set aside the order of commitment. Ten days’ written notice of the hearing of the application therefor shall be served upon the superintendent, by registered mail, postage prepaid.

      2.  In changing, modifying or setting aside such order, the court shall give due consideration to the effect thereof upon the discipline and parole system of the school.

      Sec. 13.  1.  Upon request of the superintendent, a person committed to the school shall be accepted by the Nevada state hospital for observation, diagnosis and treatment, for a period not to exceed 90 days.

      2.  If, after observation, the superintendent and medical director of the Nevada state hospital finds such person to be feeble-minded or mentally ill, such person may be returned to the committing court for discharge from the school and commitment in accordance with law to the Nevada state hospital.

      3.  If, after observation, the superintendent and medical director of the Nevada state hospital finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school. Upon the written request of the superintendent, the committing court may order any such person be committed to an appropriate institution outside the State of Nevada approved by the board for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person in accordance with the provisions of NRS 210.180. In the absence of such order, the expense of such support and treatment shall be paid by the school.

      Sec. 14.  The superintendent may, upon the recommendation of a physician attending an inmate, authorize the performance of any necessary medical, surgical or dental service.

      Sec. 15.  1.  The school may establish forestry camps for the purposes of securing a satisfactory classification and segregation of inmates according to their capacities, interests and responsiveness to control and responsibility, for reducing the necessity of extending existing grounds and housing facilities, and to provide adequate opportunity for reform and encouragement of self discipline.

      2.  Inmates committed to such camps may be required to labor on the buildings and grounds thereof, to perform fire prevention work, including the building of fire breaks and fire trails, fire suppression and the making of forest roads for fire prevention or fire fighting, and the forestation and reforestation of public lands, and other projects prescribed by the superintendent.

      Sec. 16.  The superintendent, with the approval of the governor, may enter into contracts with the Federal Government, state officials and various state agencies and departments, for the purposes of carrying out the provisions of section 15.

      Sec. 17.  1.  When, in the opinion of the superintendent, an inmate deserves parole according to regulations established for that purpose, and parole will be to the advantage of the inmate, the superintendent may grant parole under such conditions as he deems best.


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ê1959 Statutes of Nevada, Page 680 (Chapter 421, AB 466)ê

 

and parole will be to the advantage of the inmate, the superintendent may grant parole under such conditions as he deems best.

      2.  Each person paroled shall be provided with a reputable home and a school or work program. The school may pay the expenses incurred in providing such a home, which expenses shall be paid from funds made available to the school for such purpose.

      3.  When any person so paroled has proven his ability to make an acceptable adjustment outside the school, the superintendent shall petition the committing court, requesting dismissal of all proceedings and accusations pending against such person.

      4.  Any person who violates the conditions of his parole may be returned to the school.

      Sec. 18.  The superintendent may suspend, cancel or revoke any parole without notice, and may order the return to the school of any person upon parole therefrom.

      Sec. 19.  1.  The written order of the superintendent is a sufficient arrest warrant for any peace officer to return any person to the school, if such person is on parole therefrom, has been permitted his liberty upon condition, or has escaped from the school.

      2.  All peace officers shall execute such orders in the same manner as provided for the execution of criminal process.

      Sec. 20.  1.  All officers and employees of the school shall have the powers and privileges of peace officers so far as necessary to arrest inmates who have escaped from the school.

      2.  The employee of the school assigned as parole officer shall have the powers and privileges of a peace officer.

      Sec. 21.  Any person who knowingly permits or aids an inmate to escape from the school, or who conceals any inmate or escapee with the intent or purpose of enabling him to elude pursuit, is guilty of a misdemeanor.

      Sec. 22.  Inmates shall be discharged from the school upon reaching the age of 18 years.

      Sec. 23.  The superintendent may, with the approval of the governor, enter into contracts with colleges, universities and other organizations for the purposes of research in the field of delinquency and crime prevention, for training special workers, including teachers, probation and parole officers, social workers and others, whether volunteers or not, or whether they are on a part-time or full-time basis, engaged in the fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.

      Sec. 24.  1.  The superintendent shall have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He shall have had at least 2 years’ administrative experience in an institution dealing primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.

      2.  The governor shall request the state department of personnel to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.


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ê1959 Statutes of Nevada, Page 681 (Chapter 421, AB 466)ê

 

to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.

      Sec. 25.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 422, SB 183

Senate Bill No. 183–Committee on Banks, Banking and Corporations

CHAPTER 422

AN ACT to amend chapter 78 of NRS, relating to private corporations, by providing a procedure for the designation of a new agent in event of death, removal from state or resignation of resident agent; by providing for restating articles of incorporation, and the fee for the filing thereof; by providing for the issue, reissue and retirement of treasury shares, rights incident to treasury shares and surplus resulting from reissue of such shares; to amend NRS sections 78.070, 78.090, 78.110, 78.140, 78.150 to 78.165, inclusive, 78.315, 78.320, 78.380, 78.390, 78.395, 78.405, 78.415, 78.550 and 78.785, relating to the specific powers of corporations and to powers and duties of resident agents, procedure for change of location of principal office, common directorships, disclosures of facts, annual and new lists of officers, directors and resident agent, fees, duties of secretary of state, penalties, directors’ and stockholders’ meetings, consent of stockholders and directors in lieu of meeting, amendment of articles of incorporation before and after payment of capital, adoption of amended articles, procedure for dividing shares, reduction of capital and to assumption of name of subsidiary by parent, by providing that corporations may enter into partnerships, general or limited, or joint ventures, by providing procedure for changing resident agent; allowing a majority of disinterested directors to approve a contract; providing fees for filing designation of resident agent and change of principal office; providing for action taken by board of directors or stockholders without meeting; by providing that amended articles become effective upon their filing with the secretary of state; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  Chapter 78 of NRS is hereby amended by adding thereto the provisions set forth in sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  Any person who has been designated by a corporation as resident agent may file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the corporation for the service of process. The execution of the statement shall be duly acknowledged.

      2.  Upon the filing of the statement with the secretary of state the capacity of the person as resident agent shall terminate, and the secretary of state forthwith shall give written notice, by mail, to the corporation of the filing of the statement and the effect thereof. The notice shall be addressed to the corporation at its principal office.

      3.  If a designated resident agent dies, resigns or removes from the state, the corporation, within 30 days thereafter, shall file with the secretary of state a certificate setting forth the name and complete address of a newly designated resident agent.


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ê1959 Statutes of Nevada, Page 682 (Chapter 422, SB 183)ê

 

      Sec. 3.  1.  A corporation may restate in a single certificate the entire text of its articles of incorporation as amended by filing with the secretary of state a certificate entitled “Restated Articles of Incorporation of ..........................,” which shall set forth the articles as amended to the date of the certificate, but the certificate shall not alter or amend the articles in any respect except that the signatures and acknowledgments of the incorporators may be omitted.

      2.  The certificate shall be signed by the president or vice president and the secretary or assistant secretary of the corporation and shall be verified by their signed affidavits that they have been authorized to execute the certificate by resolution of the board of directors adopted on the date stated, and that the certificate correctly sets forth the text of the articles of incorporation as amended to the date of the certificate.

      3.  Whenever a corporation is required to file a certified copy of its articles, in lieu thereof it may file a certified copy of the most recent certificate restating its articles as amended, subject to the provisions of subsection 2, together with certified copies of all certificates of amendment filed subsequent to the restated articles and certified copies of all certificates supplementary to the original articles.

      Sec. 4.  The fee for filing restated articles of incorporation is $50.

      Sec. 5.  1.  As used in this section, “treasury shares” means shares issued and thereafter acquired by the corporation but not retired or restored to the status of unissued shares.

      2.  Treasury shares shall not carry voting or dividend rights and shall not be counted as outstanding shares for any purpose, nor as assets for the purpose of computing the amount available for dividends or the purchase of shares issued by the corporation or the making of any other distributions to its stockholders. Unless the articles of incorporation provide otherwise, treasury shares may be retired and restored to the status of authorized and unissued shares without the reduction of capital pursuant to NRS 78.415 or 78.420 or may be disposed of for such consideration as the board of directors may determine. If the shares are reissued, the amount of the proceeds shall be attributed to surplus insofar as excess of net assets over the amount of capital results therefrom.

      3.  Shares which have been acquired from surplus and carried as treasury shares may be retired by resolution of the board of directors and capital may be reduced thereon as if acquired out of capital with appropriate proceedings under NRS 78.415 or 78.420.

      Sec. 6.  NRS 78.090 is hereby amended to read as follows:

      78.090  1.  Every corporation shall have a resident agent, who may be either an individual or a corporation, resident or located in this state, in charge of its principal office.

      2.  Every such resident agent shall, within 10 days after acceptance of an initial appointment as such, file a certificate thereof in the office of the secretary of state, and a copy of such certificate in the office of the county clerk of the county in which the principal office of the corporation in this state shall be located.

      3.  The resident agent may be any bank or banking corporation, or other corporation, located and doing business in this state, and any such bank or any such corporation acting as resident agent [shall have authority:] may:

 


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ê1959 Statutes of Nevada, Page 683 (Chapter 422, SB 183)ê

 

or other corporation, located and doing business in this state, and any such bank or any such corporation acting as resident agent [shall have authority:] may:

      (a) [To act] Act as the fiscal or transfer agent of any state, municipality, body politic, or corporation [,] and in such capacity [to] may receive and disburse money.

      (b) [To transfer,] Transfer, register and countersign certificates of stock, bonds or other evidences of indebtedness [,] and [to] act as agent of any corporation, foreign or domestic, for any purpose now or hereafter required by statute, or otherwise.

      (c) [To act] Act as trustee under any mortgage or bond issued by any municipality, body politic, or corporation [,] and [to] accept and execute any other municipal or corporate trust not inconsistent with the laws of this state.

      (d) [To receive] Receive and manage any sinking fund of any corporation, upon such terms as may be agreed upon between the corporation and those dealing with it.

      4.  Every corporation organized under this chapter that [shall fail or refuse] fails or refuses to comply with the requirements of this section, for a period of 30 days, shall be subject to a fine of not less than $100 nor more than $500, to be recovered with costs by the state, before any court of competent jurisdiction, by action at law to be prosecuted by the attorney general or by the district attorney of the county in which such action or proceeding to recover such fine is prosecuted.

      Sec. 7.  NRS 78.110 is hereby amended to read as follows:

      78.110  Whenever any corporation created under the terms and provisions of this chapter desires to change the location within this state of its principal [place of business,] office, or change its resident agent, or both, such change may be effected in the following manner:

      1.  The board of directors shall adopt a resolution reciting the change in the location of the principal [place of business] office of the corporation within this state [.] , or the change of the resident agent, or both.

      2.  The board of directors shall file a certificate containing a copy of the resolution, certified by the president and secretary, or vice president and assistant secretary, of the corporation, in the office of the secretary of state and in the office of the county clerk of the county wherein the principal [place of business] office of the corporation is located.

      3.  From and after the time of the filing of copies of the resolution, the change shall be effected.

      Sec. 8.  NRS 78.140 is hereby amended to read as follows:

      78.140  1.  Directors and officers shall exercise their powers in good faith and with a view to the interests of the corporation. No contract or other transaction between a corporation and one or more of its directors, or between a corporation and any corporation, firm or association in which one or more of its directors are directors or are financially interested, is either void or voidable because such director or directors are present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction, or because his or their votes are counted for such purpose, if the circumstances specified in any of the following paragraphs exist:

 


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ê1959 Statutes of Nevada, Page 684 (Chapter 422, SB 183)ê

 

thereof which authorizes or approves the contract or transaction, or because his or their votes are counted for such purpose, if the circumstances specified in any of the following paragraphs exist:

      (a) The fact of the common directorship or financial interest is disclosed or known to the board of directors or committee and noted in the minutes, and the board or committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such director or directors.

      (b) The fact of the common directorship or financial interest is disclosed or known to the stockholders, and they approve or ratify the contract or transaction in good faith by a majority vote or written consent of stockholders entitled to vote; the votes of the common or interested director or directors shall be counted in any such vote of stockholders.

      (c) The contract or transaction is fair as to the corporation at the time it is authorized or approved.

      2.  Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves or ratifies a contract or transaction [.] , and if the votes of the common or interested directors are not counted at such meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.

      Sec. 9.  NRS 78.150 is hereby amended to read as follows:

      78.150  1.  Every corporation organized under the laws of this state shall, on or before July 1 of each year, file with the secretary of state a list of [the] its officers and directors [,] and a designation of its resident agent in this state, [and a certificate of acceptance signed by the resident agent so designated,] the list of officers and directors and designation of resident agent to be certified by the president, secretary or other officer of the corporation.

      2.  Upon filing the list of officers [,] and directors and designation of resident agent, [and certificate of acceptance of resident agent,] every such corporation shall pay to the secretary of state a fee of $10.

      3.  The secretary of state shall, 30 days prior to July 1 of each year, cause to be mailed to all corporations required to comply with the provisions of NRS 78.150 to 78.190, inclusive, and which have not theretofore become delinquent, the blank forms to be filed with the secretary of state. Failure of any corporation to receive the forms will not excuse such corporation from the penalty imposed by the provisions of NRS 78.150 to 78.190, inclusive.

      Sec. 10.  NRS 78.155 is hereby amended to read as follows:

      78.155  When the annual fee for filing list of officers and directors [,] and designation of resident agent [, and acceptance of resident agent] has been paid, the secretary of state shall issue to each corporation paying the same a certificate authorizing it to transact and conduct its business within this state for a period of 1 year, and until July 1 of the next succeeding calendar year. Such certificate shall contain the name of the corporation, the amount of the fee paid and penalties, if any, and shall recite the fact that such corporation has filed its list of officers and directors [,] and its designation of resident agent.


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ê1959 Statutes of Nevada, Page 685 (Chapter 422, SB 183)ê

 

its list of officers and directors [,] and its designation of resident agent. [, and a certificate of acceptance of such resident agent.]

      Sec. 11.  NRS 78.160 is hereby amended to read as follows:

      78.160  1.  Every corporation hereafter organized under the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:

      (a) File a list of its officers and directors [,] and a designation of its resident agent. [, and a certificate of acceptance signed by the resident agent so designated.] The address of the resident agent shall be the same as that of the principal office.

      (b) Pay to the secretary of state a fee therefor of $10.

      (c) File a copy of the designation of resident agent in the office of the county clerk of the county in which the principal office of the corporation in this state is located.

      2.  Annually thereafter such corporation shall [make like filing] file a list of its officers and directors and pay the fee set forth in NRS 78.150.

      Sec. 12.  NRS 78.165 is hereby amended to read as follows:

      78.165  1.  Every list required to be filed under the provisions of NRS 78.150 to 78.190, inclusive, shall, after the name of each officer and director listed thereon, [other than the resident agent,] set forth the [residence] post office box or street address of each officer and director. [by street and number and also the city or town and state; or by city or town and state if such residence therein is not on a named and numbered street.

      2.  The address of the resident agent shall be the same as that of the principal office.

      3.]2.  If such addresses be not thus stated in respect of all such listed persons, on any list offered for filing, the secretary of state [is authorized to] may refuse to file the same, and the corporation for [whom] which the list has been offered for filing shall be subject to all the provisions of NRS 78.150 to 78.190, inclusive, relating to failure to file such list within or at the times therein specified, unless such a list be subsequently submitted for filing conformably to the provisions of NRS 78.150 to 78.190, inclusive.

      Sec. 13.  NRS 78.315 is hereby amended to read as follows:

      78.315  1.  Unless the certificate or articles of incorporation, or an amendment thereof, or the bylaws, shall provide for a lesser proportion, a majority of the board of directors of the corporation, at a meeting duly assembled, shall be necessary to constitute a quorum for the transaction of business and the act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors or trustees.

      2.  [The bylaws may provide that any action of a majority, although not at a regularly called meeting, and the record thereof, if assented to in writing by all of the other members of the board, shall always be as valid and effective in all respects as if passed by the board in regular meeting.] Unless otherwise restricted by the articles of incorporation or bylaws, any action required or permitted to be taken at any meeting of the board of directors or of any committee thereof may be taken without a meeting if a written consent thereto is signed by all the members of the board or of such committee.


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ê1959 Statutes of Nevada, Page 686 (Chapter 422, SB 183)ê

 

members of the board or of such committee. Such written consent shall be filed with the minutes of proceedings of the board or committee.

      Sec. 14.  NRS 78.320 is hereby amended to read as follows:

      78.320  1.  Any action, except election of directors, which may be taken by the vote of stockholders at a meeting, may be taken without a meeting if authorized by the written consent of stockholders holding at least a majority of the voting power; provided:

      [1.](a) That if any greater proportion of voting power is required for such action at a meeting, then such greater proportion of written consents shall be required; and

      [2.](b) That this general provision for action by written consent shall not supersede any specific provision for action by written consent contained elsewhere in this chapter.

      2.  In no instance where action is authorized by written consent need a meeting of stockholders be called or noticed.

      Sec. 15.  NRS 78.380 is hereby amended to read as follows:

      78.380  1.  The incorporators of any corporation, before the payment of any part of its capital, may amend the original articles of incorporation thereof as may be desired in the following manner:

      (a) The incorporators, or at least two-thirds of them, shall execute and acknowledge or prove in the manner required for an original certificate of incorporation, and file with the secretary of state a certificate amending, modifying, changing or altering the original articles, in whole or in part. The certificate, in the opening paragraph thereof, shall:

             (1) Declare that the signers thereof are the original incorporators of the corporation, naming it, or at least two-thirds thereof.

             (2) State the date upon which the original articles thereof were filed with the secretary of state and with the county clerk.

             (3) Affirmatively declare that to the date of the certificate, no part of the capital of the corporation has been paid.

      (b) [The incorporators, or at least two-thirds of them, shall file] The amendment shall be effective upon the filing of such certificate with the secretary of state and a copy of the certificate, certified by the secretary of state, shall be filed with the county clerk of the county in which the original articles of incorporation has been filed.

      2.  Nothing in this section shall permit the insertion of any matter not in conformity with this chapter.

      3.  The secretary of state shall charge such fee as shall be allowed by law for filing the amended certificate of incorporation.

      Sec. 16.  NRS 78.390 is hereby amended to read as follows:

      78.390  1.  Every amendment adopted pursuant to the provisions of NRS 78.385 shall be made and effected in the following manner:

      (a) The board of directors shall adopt a resolution setting forth the amendment proposed, declaring its advisability and call a meeting, either annual or special, of the stockholders entitled to vote for the consideration thereof.

      (b) At such meeting, of which notice shall be given to each stockholder entitled to vote pursuant to the provisions of this section, in the manner provided in NRS 78.370, a vote of the stockholders entitled to vote in person or by proxy shall be taken for and against the proposed amendment.


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ê1959 Statutes of Nevada, Page 687 (Chapter 422, SB 183)ê

 

amendment. If it [shall appear] appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power (or such greater proportion of the outstanding shares as may be required in the case of a vote by classes or series, as hereinafter provided, or as may be required by the provisions of the certificate or articles of incorporation, or an amendment thereof) have voted in favor of the amendment, thereupon the corporation shall make, under its corporate seal, and the hands of its president, or vice president, and secretary, or assistant secretary, a certificate accordingly, setting forth such amendment, or setting forth the certificate or articles of incorporation as amended, and the vote by which such amendment was adopted, and the president, or vice president, and secretary, or assistant secretary, shall duly execute and acknowledge such certificate before an officer authorized by the laws of this state to take acknowledgments of deeds.

      (c) The certificate so executed and acknowledged, shall be filed in the office of the secretary of state and [a] upon filing the same the articles of incorporation shall be deemed to be amended accordingly. A copy of the certificate, duly certified by the secretary of state, shall be filed in the office of the county clerk of the county wherein the corporation maintains its principal office.

      [(d) Upon filing the same, the certificate or articles of incorporation of the corporation shall be deemed to be amended accordingly.]

      2.  If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then such amendment must be approved by the vote, in addition to the affirmative vote herein otherwise required, of the holders of a majority of the outstanding shares of each class or series so affected by the amendment regardless of limitations or restrictions on the voting power thereof.

      3.  It shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring, in the case of any specified amendments, a larger vote of stockholders than that required by the foregoing provisions of this section.

      4.  Different series of the same class of shares shall not be deemed to constitute different classes of shares for the purpose of voting by classes except when such series is adversely affected by an amendment in a different manner than other series of the same class.

      Sec. 17.  NRS 78.395 is hereby amended to read as follows:

      78.395  1.  The board of directors and stockholders of any corporation, when amending any portion of its articles of incorporation pursuant to the provisions of NRS 78.385 and 78.390, may, at the same time, and pursuant to the same procedure prescribed in NRS 78.390 to effect an amendment of articles, adopt amended articles of incorporation, which shall:

      (a) Be titled “amended articles of incorporation.”

      (b) Set forth in full each and every portion and provision of the original articles of incorporation as of record in the office of the secretary of state, including the execution and acknowledgment thereof, as amended to date.


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ê1959 Statutes of Nevada, Page 688 (Chapter 422, SB 183)ê

 

      (c) State, after each such portion or provision of the amended articles, whether or not the same has been amended; and if any portion or provision of the articles has been amended it shall be made to read as it was last amended, and the date of the certificate last amending the same shall be stated.

      (d) Include such portions or provisions of such articles as shall not have ever been amended.

      2.  Upon the filing with the secretary of state [and with the county clerk] of the certificate of amendment provided for in NRS 78.390, the articles of incorporation shall be deemed to be amended accordingly. A copy of such certificate shall be filed with the county clerk of the county in which the original articles of incorporation have been filed.

      3.  Notice of any meeting of stockholders at which the adoption of the subject amended articles of incorporation is to be considered shall specifically state the purpose to consider the adoption thereof at the meeting.

      Sec. 18.  NRS 78.405 is hereby amended to read as follows:

      78.405  All corporations organized and existing under the laws of this state whether under this chapter or prior acts, desiring to divide the capital stock of the corporation into shares of smaller denominations than originally issued, thereby increasing the number of shares without changing the amount of capital stock, may do so by a majority vote of the trustees of the corporation at any regular or called meeting of the trustees, without amending the articles or certificate of incorporation, and may issue the stock of the corporation in accordance therewith after having filed a certificate setting forth the amount or denomination into which they propose to divide such shares, verified by the affidavit of a majority of such trustees, in the office of the secretary of state. [and a] A copy thereof certified by the secretary of state shall be filed in the office of the clerk of the county where the corporation has its principal place of business.

      Sec. 19.  NRS 78.415 is hereby amended to read as follows:

      78.415  1.  Any reduction of capital, except a reduction effected by the redemption, purchase, retirement or conversion of shares subject to redemption, purchase or retirement, or entitled to conversion rights, may be authorized only by resolution of the board of directors approved by the vote or written consent of the holders of a majority of the outstanding shares regardless of limitations or restrictions on voting rights; provided:

      (a) That if any such proposed reduction would adversely affect any class or series of outstanding shares, then such reduction must also be approved by the vote or written consent of the holders of a majority of the outstanding shares of each class or series so affected by such amendment regardless of limitations or restrictions on the voting power thereof; and

      (b) That it shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring a larger vote of stockholders than that required by the foregoing provisions of this section.

      2.  Different series of the same class of shares shall not be deemed to constitute different classes or shares for the purpose of voting by classes except when such series is adversely affected by an amendment in a different manner than other series of the same class.


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ê1959 Statutes of Nevada, Page 689 (Chapter 422, SB 183)ê

 

classes except when such series is adversely affected by an amendment in a different manner than other series of the same class.

      3.  The resolution shall set forth the amount of reduction of capital and the method by which outstanding shares shall be adjusted to the new capital, if any such adjustment is necessary. Unless otherwise provided in the resolutions authorizing the reduction of capital and the adjustment of shares, or in the certificate of incorporation, no action taken by any corporation under the provisions of this section shall operate as a reduction of the number of shares of the corporation which the corporation is authorized to have outstanding, and other shares may be issued in lieu of the shares so purchased, redeemed or retired; provided:

      (a) That the maximum number of shares authorized in the certificate of incorporation as then amended shall not be exceeded; and

      (b) That the issuance of the shares shall be subject in all respects to the provisions of NRS 78.210 and 78.215.

      4.  A certificate setting forth the resolution and stating its adoption by the board of directors and approval by the stockholders shall be made under the seal of the corporation, and shall be signed by the president or a vice president and the secretary or an assistant secretary, and shall be acknowledged before an officer authorized by the laws of this state to take acknowledgments of deeds.

      5.  The certificate so executed and acknowledged shall be filed in the office of the secretary of state and [a] upon such filing the capital of the corporation shall thereby be so reduced, and to the extent that any such reduction in capital affects the amendment of the articles of incorporation, the same shall be deemed to be amended accordingly. A copy of the certificate, duly certified by the secretary of state, shall be filed in the office of the county clerk of the county wherein the corporation maintains its principal office.

      [6.  Upon filing the certificate the capital of the corporation shall thereby be so reduced, and to the extent that any such reduction in the capital affects the amendment of the articles of incorporation the same shall be deemed to be amended accordingly.]

      Sec. 20.  NRS 78.550 is hereby amended to read as follows:

      78.550  [1.] If the possessor is a domestic corporation it may relinquish its corporate name and assume in place thereof the name of the merged corporation by including a provision to that effect in the resolution of merger adopted by the directors and set forth in the certificate of ownership, and upon the filing of such certificate the change of name shall be complete with the same force and effect and subject to the same conditions and the consequences as if such change had been accomplished by proceedings under the general corporation law.

      [2.  No corporation shall change its name under this section unless the name assumed contains some word or abbreviation clearly indicating that it is a corporation.]

      Sec. 21.  NRS 78.785 is hereby amended to read as follows:

      78.785  1.  The fee for filing [notice of removal of principal place of business, except where such removal is made as provided by NRS 78.095, and other than by amendment,] a certificate of change of location of principal office or resident agent, or a new designation of resident agent following resignation, death or removal from the state of the resident agent previously designated, shall be $5.


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ê1959 Statutes of Nevada, Page 690 (Chapter 422, SB 183)ê

 

location of principal office or resident agent, or a new designation of resident agent following resignation, death or removal from the state of the resident agent previously designated, shall be $5.

      2.  The fee for filing [an appointment] a designation of resident agent, other than [list of officers,] as provided in NRS 78.160, shall be $5.

      3.  The fee for certifying to articles of incorporation where a copy is provided shall be $5.

      4.  The fee for certifying to a copy of amendment to articles of incorporation, or to a copy of the articles as amended where a copy is furnished, shall be $5.

      5.  The fee for certifying to an authorized printed copy of the general corporation law as compiled by the secretary of state shall be $5.

      6.  The fee for certifying to the reservation of a corporate name shall by $2.

      7.  The fee for executing any certificate not provided for in NRS 78.760 to 78.785, inclusive, shall be $5.

      8.  The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made therein before certifying thereto, shall be 20 cents for each folio of 100 words of each document or paper so compared.

      9.  The fee for furnishing a photostatic copy of any document, paper or record on file or of record in the office of the secretary of state shall be 50 cents per photostatic page where such page does not exceed 8 1/2 by 14 inches. For photostatic pages of larger size, the secretary of state may charge such fee as he may determine to be reasonable.

      10.  The fee for filing a list of officers and directors or trustees [and the name of the agent in charge of the principal office] shall be as provided in NRS 78.150.

      Sec. 22.  NRS 78.070 is hereby amended to read as follows:

      78.070  Subject to such limitations, if any, as may be contained in its certificate or articles of incorporation, or any amendment thereof, every corporation shall have the following powers:

      1.  To borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, payable at a specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge or otherwise, or unsecured, for money borrowed, or in payment for property purchased, or acquired, or for any other lawful object; to issue, sell and dispose of certificates of investment, or participation certificates, upon such terms and under such conditions as may be prescribed in the certificate or articles of incorporation, or, if no such provision shall be made in the certificate or articles of incorporation, then as prescribed in NRS 78.305.

      2.  To guarantee, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the shares of the capital stock of, or any bonds, securities or evidences of the indebtedness created by, any other corporation or corporations of this state, or any other state or government, and, while owners of such stock, to exercise all the rights, powers and privileges of ownership, including the right to vote thereon.


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ê1959 Statutes of Nevada, Page 691 (Chapter 422, SB 183)ê

 

other corporation or corporations of this state, or any other state or government, and, while owners of such stock, to exercise all the rights, powers and privileges of ownership, including the right to vote thereon.

      3.  To purchase, hold, sell and transfer shares of its own capital stock, and use therefor its capital, capital surplus, surplus, or other property or funds; provided:

      (a) Than 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, except as provided in NRS 78.410 to 78.445, inclusive; and

      (b) That shares of its own capital stock belonging to the corporation shall not be voted upon, directly or indirectly, nor counted as outstanding, for the purpose of computing any stockholders’ quorum or vote.

      4.  To conduct business, have one or more offices, and hold, purchase, mortgage and convey real and personal property in this state, and in any of the several states, territories, possessions and dependencies of the United States, the District of Columbia, and any foreign countries.

      5.  To do all and everything necessary and proper for the accomplishment of the objects enumerated in its certificate or articles of incorporation, or any amendment thereof, or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not such business is similar in nature to the objects set forth in the certificate or articles of incorporation of such corporation, or any amendment thereof; provided:

      (a) That no corporation created under the provisions of this chapter shall, by any implication or construction, be deemed to possess the power of issuing bills, notes or other evidences of debt for circulation of money; and

      (b) That nothing in this chapter shall be so construed as to authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this state, or without this state, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.

      6.  To indemnify any and all of its directors or officers or former directors or officers or any person who may have served at its request as a director or officer of another corporation in which it owns shares of capital stock or of which it is a creditor against expenses actually and necessarily incurred by them in connection with the defense of any action, suit or proceeding in which they, or any of them, are made parties, or a party, by reason of being or having been directors or officers or a director or officer of the corporation, or of such other corporation, except, in relation to matters as to which any such director or officer or former director or officer or person shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of duty. Such indemnification shall not be deemed exclusive of any other rights to which those indemnified may be entitled, under any bylaw, agreement, vote of stockholders, or otherwise.


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ê1959 Statutes of Nevada, Page 692 (Chapter 422, SB 183)ê

 

be entitled, under any bylaw, agreement, vote of stockholders, or otherwise.

      7.  To make donations for the public welfare or for charitable, scientific or educational purposes.

      8.  To enter into partnerships, general or limited, or joint ventures, in connection with any lawful activities.

 

________

 

 

CHAPTER 423, SB 193

Senate Bill No. 193–Senator Gallagher

CHAPTER 423

AN ACT to amend NRS section 228.150, relating to written opinions of the attorney general, by providing that such opinions shall be given to city attorneys of incorporated cities when required.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 228.150 is hereby amended to read as follows:

      228.150  1.  When required, the attorney general shall give his opinion, in writing, upon any question of law, to the governor, the secretary of state, the state controller, the state treasurer, the director of the state department of conservation and natural resources, the trustees, commissioners, or warden of the state prison, the state hospital, or the officers of any state institution, [and] to any district attorney [,] and to any city attorney of any incorporated city within the State of Nevada, upon any question of law relating to their respective offices.

      2.  Nothing contained in subsection 1 shall be construed to require the attorney general to give his written opinion to any city attorney concerning questions relating to the interpretation or construction of city ordinances.

      [2.]3.  For no duty required of him by law shall he be entitled to receive any fee whatever.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 693ê

 

CHAPTER 424, SB 206

Senate Bill No. 206–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 424

AN ACT to amend NRS section 356.200, relating to conditions and requirements relative to deposits of county moneys in banks by certain county officers, by authorizing county assessors to make checks payable to the Nevada tax commission when remitting motor vehicle use taxes.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 356.200 is hereby amended to read as follows:

      356.200  1.  With unanimous consent of their bondsmen, county officers, other than county treasurers, may deposit county funds received in their respective offices in any bank located at the county seat.

      2.  Whenever the written consent of any bondsman or bondsmen to such deposit has not been obtained, such bondsman or bondsmen shall, upon giving notice as required by law, be released from all responsibility on the bond of such officer.

      3.  Such accounts shall be kept in the name of the county in such manner as the board of county commissioners may prescribe.

      4.  The balances in such banks, as certified by the proper officer thereof, and by oath of the county treasurer, may be counted as cash.

      5.  All moneys deposited in any depositary bank by such county officer may be drawn out by such officer on check payable only to the county treasurer or his order, but every county assessor may also withdraw money received in payment of motor vehicle license fees by check payable to the department of motor vehicles [.] , and may also withdraw money received in payment of motor vehicle use taxes by check payable to the Nevada tax commission.

      6.  The county officer shall keep a check register which shall show the amount of county money on deposit and shall list every check drawn upon the depositary bank, numbering such checks consecutively.

      7.  Not later than the 1st Monday of each month, the county officer maintaining such deposit shall draw upon the deposit for the full amount of county funds deposited therein during the preceding month, such withdrawal to be by check payable to the county treasurer, and shall thereupon deliver such check to the county treasurer.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 694ê

 

CHAPTER 425, SB 272

Senate Bill No. 272–Committee on Judiciary

CHAPTER 425

AN ACT to amend that portion of chapter 453 of NRS relating to the Uniform Narcotic Drug Act, by creating new provisions constituting violations of such act and providing for the forfeiture of any vehicle, boat or aircraft being used by persons violating such act; to amend NRS 453.210, relating to penalties for violation of the Uniform Narcotic Drug Act, by changing certain penalties and providing new penalties; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 453.210 is hereby amended to read as follows:

      453.210  1.  (a) Except as otherwise provided in [subsection 2] subsections 2 and 3 of this section, any person who violates any provision of NRS 453.010 to 453.240, inclusive, shall, upon conviction, be fined not more than $2,000 and be imprisoned in the state prison not less than 2 years or more than 5 years.

      (b) For a second offense, or if, in case of a first conviction of violation of any provision of NRS 453.010 to 453.240, inclusive, the offender shall previously have been convicted of any violation of the laws of the United States or of any state, territory or district relating to narcotic drugs or marihuana, the offender shall be fined not more than $2,000 and be imprisoned in the state prison not less than 5 years or more than 10 years.

      (c) For a third or subsequent offense, or if the offender shall previously have been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to narcotic drugs or marihuana, the offender shall be fined $2,000 and be imprisoned in the state prison not less than 10 years or more than 20 years.

      (d) Except in the case of conviction for a first offense, the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served.

      2.  [(a)] Any person who is convicted of the illegal sale, exchange, barter, supplying or giving away of narcotic drugs or marihuana [shall be fined not more than $2,000 and be imprisoned in the state prison not less than 5 years or more than 10 years.

      (b) For a second or subsequent offense the penalty shall be the same as that provided for a third offender in subsection 1. For any offense the penalty for which is provided in subsection 2, the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum sentence shall have been served.] to a person who is:

      (a) Twenty-one years of age or older shall be fined $10,000 and imprisoned in the state prison for not less than 10 years or more than 20 years. For a second or subsequent offense, such offender shall, upon conviction, be fined $10,000 and imprisoned in the state prison for not less than 20 years, which term may be extended to life.


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ê1959 Statutes of Nevada, Page 695 (Chapter 425, SB 272)ê

 

      (b) Under 21 years of age shall be fined $10,000 and imprisoned in the state prison for not less than 15 years or more than 30 years. For a second and subsequent offense, such offender shall, upon conviction, be fined $10,000 and imprisoned in the state prison for not less than 30 years, which term may be extended to life.

      3.  Any person who supplies narcotic drugs or marihuana to another person knowing that such other person intends illegally to sell, exchange, barter, supply or give away such drugs or marihuana, and such other person illegally sells, exchanges, barters, supplies or gives away such drugs or marihuana to a person who is:

      (a) Twenty-one years of age or older shall, upon conviction, be imprisoned in the state prison for not less than 30 years or more than 60 years. For a second and subsequent offense, the offender shall, upon conviction, be imprisoned in the state prison for life.

      (b) Under 21 years of age shall, upon conviction, be imprisoned in the state prison for life.

      4.  Any term of imprisonment imposed under the provisions of subsections 2 and 3 shall be served without possibility of probation or parole.

      Sec. 2.  Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.

      Sec. 3.  No person may knowingly permit the use of any store, shop, warehouse, dwelling house, vehicle, boat, aircraft or any other place whatever owned or controlled by him for the illegal keeping, dispensing or administering of narcotic drugs.

      Sec. 4.  Any vehicle, boat or aircraft which has been or is being used by a person when violating any of the provisions of NRS 453.010 to 453.240, inclusive, shall be seized and forfeited to the incorporated city or town in which such violation occurred. If the violation did not occur within the limits of any incorporated city or town, such vehicle, boat or aircraft shall be forfeited to the county in which such violation occurred. No vehicle, boat or aircraft shall be forfeited unless the owner thereof authorized or knowingly permitted its use in violation of NRS 453.010 to 453.240, inclusive. This section shall not apply to innocent persons nor shall it operate to destroy any valid lien or any rights under any chattel mortgage, title retention contract, or conditional sale contract when the holder thereof is an innocent person.

      Sec. 5.  No person, except a manufacturer or wholesaler or retail dealer in surgical instruments, apothecary, physician, dentist, veterinarian or other person authorized to administer narcotic drugs, may possess a hypodermic syringe or needle, or any instrument or implement adapted for the administration of habit-forming drugs by subcutaneous injection, for the purpose of administering habit-forming drugs to a human being, unless such possession is authorized by the written permission of a physician, dentist or veterinarian.

      Sec. 6.  No person may:

      1.  Possess for sale a narcotic drug except in accordance with the provisions of NRS 453.010 to 453.240, inclusive.

      2.  Conspire with another person or persons to violate NRS 453.120 or sections 3 or 7 of this act.

      Sec. 7.  No person may:


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ê1959 Statutes of Nevada, Page 696 (Chapter 425, SB 272)ê

 

      1.  Induce or attempt to induce another person to unlawfully use or administer a narcotic drug.

      2.  Employ, induce or use a minor to unlawfully transport, carry, dispense, produce or manufacture a narcotic drug.

      3.  Induce or attempt to induce a minor to violate any of the provisions of NRS 453.010 to 453.240, inclusive.

      4.  Induce or attempt to induce a minor to use a narcotic drug except in accordance with a prescription issued by a physician or dentist.

      5.  Unlawfully dispense or administer a narcotic drug to a minor.

      6.  Sell a narcotic drug except in accordance with the provisions of NRS 453.010 to 453.240, inclusive.

      Sec. 8.  No person may:

      1.  Unlawfully take a narcotic drug from a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian or other person authorized to administer, dispense or possess narcotic drugs.

      2.  While undergoing treatment and being supplied with narcotic drugs or prescription for narcotic drugs from one physician, obtain narcotic drugs from another physician without disclosing this fact to the second physician.

      Sec. 9.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 426, SB 281

Senate Bill No. 281–Senator Echeverria

CHAPTER 426

AN ACT appropriating the sum of $200,000 from the general fund to the Olympic Games fund to enable the Nevada Olympic Games commission to further perform its powers and duties.

 

[Approved April 6, 1959]

 

      Whereas, The magnificent spectacle of the 1960 Olympic Winter Games will be staged at Squaw Valley, California, high in the Sierra Nevada ranges; and

      Whereas, The Olympics will produce innumerable benefits for both Nevada and her sister state, California, and will indelibly stamp the Sierra Nevada region as the playground of the West; and

      Whereas, The Nevada Olympic Games commission was created in 1957 to aid, support and give all possible assistance in the promotion, organization and staging of the 1960 Olympic Winter Games at Squaw Valley, California, in cooperation with the International Olympic commission; and

      Whereas, The Olympic Games fund was created in 1957 to enable the Nevada Olympic Games commission to perform its powers and duties; now, therefore,

 

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

do enact as follows:

 

      Section 1.  For the purpose of enabling the Nevada Olympic Games commission to further perform its powers and duties, there is hereby appropriated from the general fund in the state treasury, the sum of $200,000 to the Olympic Games fund.


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ê1959 Statutes of Nevada, Page 697 (Chapter 426, SB 281)ê

 

appropriated from the general fund in the state treasury, the sum of $200,000 to the Olympic Games fund.

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

 

________

 

 

CHAPTER 427, SB 287

Senate Bill No. 287–Senator Slattery

CHAPTER 427

AN ACT making an additional and supplemental appropriation to the Nevada Silver Centennial fund created by chapter 17, Statutes of Nevada, 1959.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  There is hereby appropriated to the Nevada Silver Centennial fund in the state treasury, from the general fund in the state treasury, the sum of $10,000. The moneys hereby appropriated are in addition and supplemental to the moneys heretofore appropriated to such fund pursuant to the provisions of chapter 17, Statutes of Nevada, 1959.

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

 

________

 

 

CHAPTER 428, SB 293

Senate Bill No. 293–Committee on Judiciary

CHAPTER 428

AN ACT to amend NRS section 122.070, relating to solemnization of marriages by ministers, by requiring ministers to receive a certificate to perform marriages prior to performing marriages; providing procedure for obtaining such certificates; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 122.070 is hereby amended to read as follows:

      122.070  1.  [After receipt of the marriage license previously issued to the persons wishing to be married as provided in NRS 122.040 and 122.050, it shall be lawful for any ordained or licensed minister of any religious society or congregation within this state, who has obtained or who hereafter may obtain a license for that purpose as provided in this section, to join together as husband and wife all persons not prohibited by this chapter.

      2.  Any ordained or licensed minister of the gospel in charge of or in the employ of a religious society or congregation, upon producing to the district court of any county or district within this state in which the society or congregation is located credentials of his being a regularly ordained or licensed minister of the religious society or congregation, shall be entitled to receive from the court a license authorizing him to solemnize marriages within the county so long as he shall continue a regular minister in charge of the society or congregation.


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

ê1959 Statutes of Nevada, Page 698 (Chapter 428, SB 293)ê

 

him to solemnize marriages within the county so long as he shall continue a regular minister in charge of the society or congregation.

      3.  Any minister licensed to solemnize marriages as provided in subsection 2 shall produce to the county clerk in the county in which he shall solemnize any marriage, his license so obtained, and the clerk shall thereupon enter the name of the minister upon record as a minister of the gospel duly authorized to solemnize marriages within the county, and shall note the court from which such license issued. The clerk shall make no charge for this service.

      4.  The record so made, or the certificate thereof by the clerk under the seal of his office, shall be good evidence that the minister was duly authorized to solemnize marriages.

      5.  All outstanding certificates as do not now conform to this section are hereby declared null and void.] Any licensed or ordained minister in good standing within his denomination, whose denomination and church are incorporated in the State of Nevada, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the state, if such minister first obtains a certificate of permission to perform marriages as provided in this section. The fact that a minister is retired shall not disqualify him from obtaining a certificate of permission to perform marriages if, prior to such retirement, he had active charge of a congregation within this state for a period of at least 3 years.

      2.  An application for such certificate shall be filed with the judge of the district court of the county in which such minister resides, and shall contain information showing the date of licensure or ordination, or both, of the minister, the name of the denomination and church with which he is affiliated, and the date of incorporation thereof. Each application shall be accompanied by a copy of the denominational standing of such minister, a copy of which the district judge shall file with the secretary of state.

      3.  If the judge of the district court approves such application, he shall notify the secretary of state of such approval within 10 days thereafter. After receipt of such notification, the secretary of state shall immediately certify the name of such minister to each county clerk and county recorder in the state.

      4.  If any minister is disqualified by a judge of the district court from performing marriages, he shall inform the secretary of state of such fact, and the secretary of state shall immediately remove the name of such minister from the list and shall notify each county clerk and county recorder of such fact.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 699ê

 

CHAPTER 429, SB 300

Senate Bill No. 300–Senator Brown

CHAPTER 429

AN ACT to amend NRS section 321.450, relating to the powers of the Colorado River commission of Nevada concerning the Eldorado Valley Development Law, by establishing the procedure for such commission to relinquish its rights to acquire certain lands under such law; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 321.450 is hereby amended to read as follows:

      321.450  1.  The commission, with the advice of the advisory group, is authorized to undertake such engineering and planning studies and surveys and to take such other action as may be necessary for the development of Eldorado Valley.

      2.  The commission shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures of the commission.

      3.  The commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges it may have to purchase any portion, part or parcel of the lands described in NRS 321.410. Any such relinquishment shall be made by formal resolution, shall be approved by the attorney general, shall provide that no claims or rights to such lands may be asserted at any time, and shall be forwarded to the Secretary of the Interior.

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

 

________

 

 

CHAPTER 430, SB 328

Senate Bill No. 328–Senator Duffy

CHAPTER 430

AN ACT to amend NRS section 392.350, relating to the payment of money by boards of trustees of school districts to parents and guardians for costs of food and lodging of pupils at places convenient to schools, by providing that payments may be made when pupils attend public school in adjoining states.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 392.350 is hereby amended to read as follows:

      392.350  1.  When the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed $3 per school attendance day to assist the parents or guardian in defraying the cost of board, lodging and subsistence of the pupil in a city or town, [in the State of Nevada] having a public school [.] , in this state or in an adjoining state. If such public school is in an adjoining county, costs for tuition and transportation or for tuition and subsistence shall not exceed the per pupil costs for tuition and transportation or tuition and subsistence to the nearest public school in Nevada.


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

ê1959 Statutes of Nevada, Page 700 (Chapter 430, SB 328)ê

 

pupil costs for tuition and transportation or tuition and subsistence to the nearest public school in Nevada.

      2.  Payment of money in lieu of furnishing transportation may be made only if:

      (a) The guardian or parents have been residents in the area for a period of time set by the board of trustees; and

      (b) The state department of education approves.

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

 

________

 

 

CHAPTER 431, SB 359

Senate Bill No. 359–Committee on Finance

CHAPTER 431

AN ACT making a supplemental appropriation for the support of the 1959 session of the Nevada legislature.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  For the purpose of providing additional support of the 1959 session of the Nevada legislature, the sum of $40,000 is hereby appropriated from the general fund in the state treasury to the 1959 legislative fund heretofore created by chapter 1, Statutes of Nevada 1959.

      Sec. 2.  The state controller is hereby authorized and directed to draw his warrants on the fund for salaries, per diem, mileage and incidental expenses of the respective houses of the legislature, when properly certified to in accordance with law, and the state treasurer is hereby authorized and directed to pay the same.

      Sec. 3.  Any unexpended portion of the 1959 legislative fund shall revert to the general fund on December 31, 1959.

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

 

________

 

 

CHAPTER 432, SB 362

Senate Bill No. 362–Senator Brown

CHAPTER 432

AN ACT appropriating the sum of $275,000, or so much thereof as may be necessary, for the purchase of certain real property and appurtenances thereto, known as Tule Springs Ranch and located in Clark County, Nevada, together with all buildings, improvements, fixtures, furniture, furnishings and equipment therein or thereon; prescribing the powers, duties and responsibilities of the legislative commission, the state planning board and the attorney general in connection therewith; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  For the support of the legislative commission and the state planning board in carrying out the provisions of this act there is hereby appropriated from the general fund in the state treasury the sum of $275,000.


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

ê1959 Statutes of Nevada, Page 701 (Chapter 432, SB 362)ê

 

is hereby appropriated from the general fund in the state treasury the sum of $275,000.

      Sec. 2.  1.  The legislative commission and the state planning board are hereby authorized and empowered to acquire by fee purchase, on behalf of and in the name of the State of Nevada, that certain real property owned by Mrs. Margo Goumond Hines, consisting of approximately 920 acres located approximately 12 miles northeast of Las Vegas in Clark County, Nevada, known as Tule Springs Ranch, together with any water and water rights, ditches and ditch rights appurtenant thereto, any and all easements or rights-of-way necessary for ingress or egress to or from such lands or any portion thereof, and all buildings, improvements, fixtures, furniture, furnishings and equipment in or upon such premises, for a purchase price not to exceed the total sum of $275,000. No such acquisition by fee purchase shall be had until the state engineer has made an investigation and found that there is a sufficiency of water for the operation and maintenance of any state institution which may be constructed and maintained thereon and that the legislative commission and state planning board have made an investigation and found that the real property is suitable as a site for the establishment, maintenance and operation of a state institution, such as a boys’ school, a girls’ school, a hospital for the mentally ill or a state prison.

      2.  All contracts, deeds and other documents pertaining to such purchase shall be subject to approval by the attorney general before any moneys appropriated by this act may be expended or paid out.

      Sec. 3.  After acquisition of the real property designated in section 1, the superintendent of the state department of buildings and grounds may rent or lease all or any part thereof for such terms and amounts as may be approved by the state planning board. All moneys received by the superintendent of the state department of buildings and grounds under the provisions of this section shall be deposited in the general fund in the state treasury.

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

 

________

 

 

CHAPTER 433, AB 495

Assembly Bill No. 495–Committee on Ways and Means

CHAPTER 433

AN ACT making appropriations from the general fund, the state highway fund, the county gas tax fund and the Colorado River commission fund for the support of the civil government of the State of Nevada for the fiscal year beginning July 1, 1959, and ending June 30, 1960; and providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  The following sums are hereby appropriated from the general fund, except when otherwise specified, for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal year beginning July 1, 1959, and ending June 30, 1960.


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

ê1959 Statutes of Nevada, Page 702 (Chapter 433, AB 495)ê

 

Nevada for the fiscal year beginning July 1, 1959, and ending June 30, 1960.

      Sec. 2.  The Offices and Mansion of the Governor.

      For the support of the office of the governor in Carson City, Nevada               $65,660

      For the support of the office of the governor in Las Vegas, Nevada                  7,033

      For the support of the governor’s mansion.............................              27,377

      Sec. 3.  The Office of Lieutenant Governor.

      For the support of the office of lieutenant governor.............                 4,998

      Sec. 4.  The Office of Secretary of State.

      For the support of the office of secretary of state.................              84,821

      Sec. 5.  The Office of Attorney General.

      For the support of the office of attorney general...................              60,334

      For the defense of actions and proceedings............................                 5,000

      Sec. 6.  The Office of State Controller.

      For the support of the office of state controller.....................              74,728

      Sec. 7.  The Office of State Treasurer.

      For the support of the office of state treasurer.......................              45,864

      Sec. 8.  The Office of Inspector of Mines.

      For the support of the office of inspector of mines...............              44,712

      Sec. 9.  Supreme Court of Nevada.

      For the support of the supreme court of Nevada...................            124,132

      Sec. 10.  Adjutant General and the Nevada National Guard.

      For the support of the adjutant general and the Nevada national guard           75,515

      Sec. 11.  Superintendent of Banks.

      For the support of:

             The office of the superintendent of banks.......................              56,786

             Supervision of building and loan associations.................                 3,290

             Supervision of small loans...................................................                 1,360

      Sec. 12.  State Board of Finance.

      For the support of the state board of finance.........................                 2,537

      Sec. 13.  Director of the Budget.

      For the support of the director of the budget..........................              38,792

      Sec. 14.  State Department of Buildings and Grounds.

      For the support of the state department of buildings and grounds for:

             Telephone fund......................................................................              22,652

             Carson City, Nevada............................................................            246,010

             Las Vegas, Nevada...............................................................              50,180

             Reno, Nevada........................................................................              47,718

      Sec. 15.  Department of Civil Defense.

      For the support of the department of civil defense...............              17,948

      Sec. 16.  Department of Economic Development.

      For the support of the department of economic development                            80,200

      Sec. 17.  Nevada Historical Society.

      For the support of the Nevada historical society...................              34,166


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

ê1959 Statutes of Nevada, Page 703 (Chapter 433, AB 495)ê

 

      Sec. 18.  Department of Insurance.

      For the support of the department of insurance....................            $72,530

      Sec. 19.  Labor Commissioner.

      For the support of the labor commissioner.............................              39,273

      Sec. 20.  Legislative Counsel Bureau.

      For the support of the legislative counsel bureau...................            101,995

      Sec. 21.  State Library.

      For the support of the state library...........................................            100,000

      Sec. 22.  Nevada State Museum.

      For the support of the Nevada state museum........................              37,959

      Sec. 23.  State Board of Parole Commissioners.

      For the support of the state board of parole commissioners.........................       64,370

      Sec. 24.  State Park Commission.

      For the support of the state park commission........................              71,386

      Sec. 25.  State Department of Purchasing.

      For state property inventory......................................................                 5,100

      Sec. 26.  State Planning Board.

      For the support of the state planning board............................              58,136

      Sec. 27.  Public Service Commission of Nevada.

      The following sum is hereby appropriated from the general fund for the support of the public service commission of Nevada.................              96,013

      The following sum is hereby appropriated from the state highway fund for the support of the public service commission of Nevada....              20,561

      Sec. 28.  Statute Revision Commission.

      For the support of the statute revision commission...............            203,269

      Sec. 29.  Nevada Tax Commission.

      The following sums are hereby appropriated from the general fund for the support of:

             Administration.......................................................................              78,724

             Liquor and cigarette tax division........................................              15,951

             Division of assessment standards.......................................              72,314

             Sales and use tax division....................................................            193,410

      The following sum is hereby appropriated from the state highway fund for the support of the motor vehicle fuel tax division.................              23,134

      The following sum is hereby appropriated from the county gas tax fund for the support of the motor vehicle fuel tax division.................                 9,100

      Sec. 30.  Veterans’ Service Commissioner.

      For the support of the veterans’ service commissioner.........              28,718

      Sec. 31.  State Board of Health.

      The following sums are hereby appropriated for the support of:

             Division of preventive medical services............................              84,750

             Division of vital statistics.....................................................              23,931

             Division of public health engineering.................................              64,930

             Division of laboratories........................................................              46,775


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

ê1959 Statutes of Nevada, Page 704 (Chapter 433, AB 495)ê

 

            Division of dental health......................................................            $41,931

             Division of crippled children’s services..............................              75,000

             Division of mental health.....................................................              36,074

             Tuberculosis control..............................................................            120,000

             Division of hospital services................................................              15,949

             Food and drug control..........................................................              59,670

      Sec. 32.  State Department of Education.

      The following sums are hereby appropriated for the support of:

             Administration.......................................................................            205,249

             Public school teachers’ retirement......................................            620,000

             Vocational education...........................................................            202,550

             Vocational rehabilitation.....................................................              37,946

             Care of deaf, dumb and blind.............................................              50,000

             Science, mathematics and foreign languages..................              20,000

             Distributive school fund.......................................................         8,712,000

      Sec. 33.  University of Nevada.

      For the support of the University of Nevada..........................         3,108,719

      Sec. 34.  University of Nevada Alumni Association.

      For the support of the University of Nevada Alumni Association                       7,500

      Sec. 35.  State Welfare Department.

      The following sums are hereby appropriated for the support of:

             Administration.......................................................................            310,124

             Old-age assistance.................................................................            705,636

             Aid to the blind.......................................................................            152,547

             Aid to dependent children....................................................            236,500

             Handicapped children..........................................................                 6,500

             Child welfare services...........................................................              10,000

             Foster home care of children...............................................              10,000

             Case services concerning sight............................................              29,917

      Sec. 36.  Nevada State Children’s Home.

      For the support of the Nevada state children’s home...........            161,340

      Sec. 37.  Nevada School of Industry.

      For the support of the Nevada school of industry.................            230,967

      For the care of girls committed to the Nevada school of industry                       70,000

      Sec. 38.  Nevada State Hospital.

      For the support of the Nevada state hospital.........................            975,757

      Sec. 39.  Nevada State Prison.

      For the support of the Nevada state prison.............................            459,765

      Sec. 40.  State Department of Agriculture (State Board of Stock Commissioners).

      The following sums are hereby appropriated for the support of:

             State quarantine officer.......................................................              88,071

             Division of noxious weed control.......................................              42,362

             Division of insect pest control.............................................              12,426

             Weights and measures..........................................................            106,406

             Stock commission laboratory.............................................              28,528


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

ê1959 Statutes of Nevada, Page 705 (Chapter 433, AB 495)ê

 

      Sec. 41.  State Predatory Animal and Rodent Committee.

      For the support of the state predatory animal and rodent committee                $112,536

      Sec. 42.  State Soil Conservation Committee.

      For the support of the state soil conservation committee....                    750

      Sec. 43.  State Bureau of Mines.

      For the support of the state bureau of mines..........................              60,000

      Sec. 44.  Advisory Mining Board.

      For the support of the advisory mining board........................                    800

      Sec. 45.  State Board of Examiners.

      For the support of the state board of examiners....................              10,496

      Sec. 46.  Miscellaneous State Expenses.

      The following sums are hereby appropriated for the support of:

             Nevada junior livestock show board.................................                 1,500

             Promotion of uniform laws..................................................                    600

             District judges’ travel............................................................              13,000

             Judges’ salaries and pensions..............................................            222,662

             Fire insurance premiums......................................................              35,000

             State officers’ bond premiums............................................                 3,750

             Rewards of the governor......................................................                    500

             Care of G. A. R. cemeteries..................................................                    300

             Interest on possible judgments............................................                 2,000

             Consolidated bond interest and redemption fund...........            258,000

      Sec. 47.  California-Nevada Interstate Compact Commission.

      For the support of the California-Nevada Interstate Compact commission.........................................................................................              37,439

      Sec. 48.  Columbia Basin Interstate Compact Commission.

      For the support of the Columbia Basin Interstate Compact commission         1,900

      Sec. 49.  State Department of Conservation and National Resources.

      The following sums are hereby appropriated for the support of:

             Administration.......................................................................              53,647

             Division of state lands..........................................................              12,515

             Division of water resources..................................................              99,587

             Underground water, U.S.G.S................................................              25,000

             Cooperative stream measurement.....................................              22,500

             Cooperative snow survey.....................................................                 1,500

             State forester firewarden:

                   Fire suppression...............................................................              10,000

                   Administration.................................................................              16,400

                   Fire protection..................................................................              39,570

                   Tree nursery program.....................................................                 5,274

                   Cooperative forest management.................................                 3,003

                   Forest insect control........................................................                 5,000


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

ê1959 Statutes of Nevada, Page 706 (Chapter 433, AB 495)ê

 

      Sec. 50.  Department of Motor Vehicles.

      The following sums are hereby appropriated from the state highway fund for the support of:

             Administration.......................................................................            $31,973

             Fiscal, accounting and auditing division...........................            155,902

             Drivers’ license division........................................................            190,337

             Registration division..............................................................            187,906

             Motor carrier division............................................................              65,825

             Nevada highway patrol........................................................            610,551

      Sec. 51.  Colorado River Intervention Action.

      The following sums are hereby appropriated from the Colorado River commission fund for the support of:

             Legal services.........................................................................              62,500

             Engineering services..............................................................                 8,350

      Sec. 52.  The funds herein appropriated shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each departmental request.

      Sec. 53.  Except as otherwise provided by law, on June 30, 1960, any unexpended balances of the appropriations herein made shall revert to the fund from which appropriated.

      Sec. 54.  This act shall become effective on July 1, 1959.

 

________

 

 

CHAPTER 434, AB 503

Assembly Bill No. 503–Committee on Ways and Means

CHAPTER 434

AN ACT to fix the state tax levy for the fiscal year commencing on July 1, 1959, and ending on June 30, 1960; providing for the levy and collection of taxes on personal property not placed on the secured tax roll; and other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  For the fiscal year commencing July 1, 1959, and ending on June 30, 1960, an ad valorem tax of 28 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 707ê

 

CHAPTER 435, AB 384

Assembly Bill No. 384–Messrs. Monaghan and McKissick

CHAPTER 435

AN ACT to amend NRS sections 3.270, 4.060, 4.070, 19.120 to 19.280, inclusive, 122.060, 247.230 to 247.310, inclusive, 248.270 to 248.290, inclusive, 251.060, 251.070, 252.140, 258.130 to 258.160, inclusive, 354.160, 362.170, 363.140, 364.050, 364.060 and 463.320, relating to certain fees received or collected by county officers, justices of the peace and clerks of district courts, by prescribing the date on or before which such fees shall be transmitted to the county treasurer; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 3.270 is hereby amended to read as follows:

      3.270  1.  The clerk of a district court shall give a receipt on demand of any party paying a fee. The receipt shall specify the title of the cause in which the fee is paid and the date and the amount of the payment.

      2.  The several clerks of the district courts shall, on [the 1st Monday] or before the 5th day of each month, pay over to the county treasurer all moneys received by them during the preceding month for court fees together with a brief note of the cases in which the same were received.

      Sec. 2.  NRS 4.060 is hereby amended to read as follows:

      4.060  1.  Justices of the peace in counties wherein the total vote at the last general election did not exceed 800, and justices of the peace in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For filing each paper..........................................................       $0.25........................................................... $0.15

For issuing any writ or paper by which suit is commenced           1.00...................................................................... .75

For entering cause in docket.............................................           .50   .30

For subpena, to each witness...........................................           .25   .15

For administering oath or affirmation............................           .25   .15

Certifying to the same..........................................           .25   .15

For issuing writ of attachment, order of arrest, or order for delivery of property.......................................................         2.00 1.50

For entering any final judgment, per folio, for the first folio        1.00...................................................................... .75

For each additional folio......................................           .50   .30

For taking and approving any bond of undertaking required by law to be taken or approved by him...................         1.00    .75

For issuing a venire.............................................................         1.00   .75

For taking depositions, per folio......................................           .25   .20

For issuing commission to take testimony.....................         1.00   .75


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

ê1959 Statutes of Nevada, Page 708 (Chapter 435, AB 384)ê

 

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For copy of any judgment, order, docket, proceeding or paper in his office, per folio................................................       $0.25................................................................. $0.20

For entering satisfaction of judgment............................           .50   .30

For issuing execution.........................................................         1.00   .75

For taking acknowledgments of deeds, or other instruments, including certificates, for the first name.....         1.00   .75

For each subsequent name..................................           .25   .25

For issuing supersedeas to an execution........................         1.00   .75

For making up and transmitting transcript and papers on appeal      .................................................................... 2.00        1.50

For issuing search warrant or commitment...................         1.00   .75

For celebrating marriage and returning certificate to county recorder.............................................................         5.00 5.00

For issuing a writ of restitution.........................................         1.00   .75

For all services and proceedings in a criminal action, the same fees as are allowed in civil cases, but in no case shall there be a charge against the county exceeding in any one case the sum of........................................................       10.00 5.00

For taking bail after commitment in criminal cases, to be collected from the defendant........................................         1.00   .75

For entering any cause without process.........................         1.00 1.00

For entering judgment by confession, as in the district court       3.00.................................................................... 3.00

For each motion, exception, rule, order, default, dismissal, discontinuance or nonsuit, and for filing each paper required to be filed..........................................           .25   .15

 

      2.  The justice of the peace shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.

      Sec. 3.  NRS 4.070 is hereby amended to read as follows:

      4.070  1.  Justices of the peace of Reno and Sparks Townships, Washoe County, shall charge and collect the following fees:

                                                                                                        Reno                 Sparks

                                                                                                     township            township

(a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced under chapter 73 of NRS, to be paid by the party commencing the action or proceeding................................       $5.00................................................................. $5.00

(b) For the preparation and filing of an affidavit and order in an action commenced under chapter 73 of NRS             1.00.................................................................... 1.00


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

ê1959 Statutes of Nevada, Page 709 (Chapter 435, AB 384)ê

 

                                                                                                        Reno               Sparks

                                                                                                     township          township

(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of the appearance, if the appearance or answer be oral      ................................................................. $2.00      $2.00

For every additional defendant, appearing separately............... 1.00.................................................................... 1.00

(d) No fee shall be charged where a defendant or defendants appear in response to an affidavit and order issued under the provisions of chapter 73 of NRS.

(e) For entering judgment by default or confession....         1.00 ........

(f) For entering any judgment.........................................         ........ 1.00

(g) For issuing commission to take testimony..............         1.00 ........

(h) For filing a notice of appeal, and appeal bonds, each          1.00.................................................................... 1.00

One charge only shall be made if both papers are filed at the same time.

(i) For issuing supersedeas to an execution..................         1.00 1.00

(j) For preparation and transmittal of transcript and papers on appeal...............................................................         5.00 5.00

(k) For taking depositions, per folio...............................           .35   .35

(l) For taking acknowledgment of any instrument.....           .50 ........

(m) For taking acknowledgment of any instrument, except affidavit for attachment and bond on appeal            .............................................................................. .50

(n) For taking any affidavit, except in criminal cases           .50 ........

(o) For solemnizing marriage and returning marriage certificate to county recorder...............................................         5.00 5.00

 

      2.  The fees enumerated in paragraphs (a), (b), (c), (d), (e), (f) and (g) of subsection 1 shall be in full for all services rendered by the justice of the peace in the case, to and including entering satisfaction of or credit on judgment.

      3.  All fees collected by the justice of the peace for solemnizing marriages and returning marriage certificates to the county recorder shall be retained by the justice of the peace as a perquisite of his office.

      4.  All fees other than those specified in subsection 3 shall be accounted for and paid over monthly, not later than the [10th] 5th day of the next succeeding month in which such fees were collected by the justice of the peace, to the county treasurer of Washoe County, unless the board of county commissioners of Washoe County shall otherwise direct.

      5.  No fees shall be charged or collected by a justice of the peace:

      (a) For any services rendered in any criminal case.

      (b) Where, in any case, the State of Nevada, Washoe County, or any municipality thereof, or any officer of any of the same, acting in his official capacity, shall be a party.

      Sec. 4.  NRS 19.120 is hereby amended to read as follows:


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

ê1959 Statutes of Nevada, Page 710 (Chapter 435, AB 384)ê

 

      19.120  1.  The county clerk of Churchill County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law...............................................................................................     $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................       10.00

For every additional defendant, appearing separately.............         5.00

On the filing of any paper in intervention................................................       10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $400 and less than $3,000.........................................................................................       15.00

Where the stated value of the estate is in excess of $3,000....       25.00

Where the stated value of the estate is less than $400, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.....................................         5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................         5.00

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio...................................            .20

When the copy is photostated, for the first page.......................            .50

For each additional page photostated.........................................            .50

For each certificate of the clerk, under the seal of the court................            .75

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

 


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

ê1959 Statutes of Nevada, Page 711 (Chapter 435, AB 384)ê

 

For issuing transcript of judgment and certifying thereto.....................       $1.00

For filing and docketing abstract of judgment of a justice’s court.....         1.00

For issuing execution thereon........................................................         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk   .............................................................................................. 1.00

For comparing such copy with the original, per folio................            .05

For filing and indexing articles of incorporation.....................................         1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................         1.00

For filing and recording a bond of a notary public................................         2.50

For administering each oath, without a certificate, except in a pending action or proceeding..................................................................................            .50

For taking any affidavit, except in criminal cases.................................            .50

For searching records or files in the office of the clerk, for each year            .50

For taking acknowledgments.....................................................................         1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names      ................................................................................................ .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Churchill County, or any city or town within Churchill County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 5.  NRS 19.130 is hereby amended to read as follows:

      19.130  1.  The county clerk of Clark County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, in addition to the court fee now provided by law, to be paid by the party commencing such action or proceeding or transfer....................................     $17.00

 


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

ê1959 Statutes of Nevada, Page 712 (Chapter 435, AB 384)ê

 

On an appeal to the district court of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court, in addition to the court fee now provided by law     ........................................................................................... $7.00

On the filing of a petition for letters testamentary, or of administration or guardianship, in addition to the court fee now provided by law, to be paid by the petitioner...............................................................         5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    .............................................................................................. 5.00

On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving or objecting party...........................................         5.00

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................         5.00

On the filing of any paper in intervention................................................         5.00

The foregoing fees shall be in full for all services rendered by the clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but not to include payment for typing, copying or certifying.

      2.  The clerk shall also be entitled to charge and collect the following fees and compensation not provided for in subsection 1:

For issuing an execution or order of sale, in any action........................       $1.00

For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing the same and which shall be in full for all services to be rendered in connection with the motion .............................................................................................. 2.50

For filing a notice of appeal and appeal bond, each.............................            .50

For any additional service connected with such appeal (not including copying or certifying)...............................................................         2.50

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing transcript of judgment and certifying thereto.....................         1.00

For filing and docketing abstract of judgment of justice’s court........         1.00

For issuing execution thereon........................................................         1.00

For filing any paper in any case after judgment, not otherwise provided for    ................................................................................................ .50

 


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

ê1959 Statutes of Nevada, Page 713 (Chapter 435, AB 384)ê

 

For making satisfaction of or credit on judgement................................       $0.25

For recording any instrument or paper required to be recorded in his office, other than instrument or paper in any action or proceeding in court as otherwise specified in this section, per folio.........................            .20

For certifying any copy of any record, proceeding or paper on file in his office.    ................................................................................................ .50

When such copy is made by him, per folio.................................            .15

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate.......         1.00

For comparing such copy with the original, per folio................            .05

For exemplifying copy................................................................................         1.00

For filing and indexing any paper pertaining to a corporation, copartnership or bond company..........................................................................         1.00

For filing and indexing certificate of fictitious names...........................         1.00

For each name indexed in excess of four...................................            .25

For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity................................            .50

For administering each oath, without certificate, except in a pending action or proceeding..................................................................................            .50

For issuing any certificate under seal, not otherwise provided for......            .50

For taking any affidavit, except in criminal cases.................................            .50

For taking acknowledgment of any deed or other instrument.............            .50

When certificate is prepared by him............................................         1.00

For searching records or files in his office, for each year, but not to charge suitors or attorneys................................................................................            .50

For issuing marriage licenses, $1 to be paid to the county recorder....         2.00

 

      3.  No fee shall be charged by the clerk for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings. The clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada, Clark County, or any city or town within Clark County, or any officer thereof in his official capacity.

      4.  Out of each fee collected on the commencement of any action or proceeding in the district court, except probate and guardianship proceedings, or on an appeal thereto, or on the transfer of any case from a justice’s court or a municipal court, the clerk shall set aside the sum of $3 to be paid into the county treasury of Clark County for the benefit of the Clark County law library fund, which fund is hereby created. All other fees collected by the clerk shall be paid into the county treasury of Clark County on or before the 5th day of the month succeeding the month in which such fees are collected for the benefit of the general fund.

      5.  When and if, by reason of the payment of fees provided for in subsection 4, there shall accumulate a sum in the Clark County law library fund in excess of $3,000, the board of county commissioners of Clark County shall transfer from time to time as such excess may accrue all of the excess above the sum of $3,000.


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

ê1959 Statutes of Nevada, Page 714 (Chapter 435, AB 384)ê

 

library fund in excess of $3,000, the board of county commissioners of Clark County shall transfer from time to time as such excess may accrue all of the excess above the sum of $3,000.

      Sec. 6.  NRS 19.140 is hereby amended to read as follows:

      19.140  1.  The county clerk of Douglas County shall be allowed to charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal        ......................................................................................... $15.00

For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $400 in value...........................................         5.00

For services in probate proceedings wherein a summary administration shall be ordered........................................................................................       15.00

For services in probate proceedings wherein summary administration is not ordered........................................................................................       25.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 15.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................       10.00

For every additional defendant appearing separately..............         5.00

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

On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the clerk, in full for all services to be rendered in connection with the motion......         5.00

For issuing an execution or order of sale, in any action........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

 

      2.  The clerk shall also be entitled to charge and collect the following fees and compensation not mentioned in subsection 1:

 

For any copy of any record, proceeding or paper on file in the office of the clerk relating to any civil action theretofore tried or pending in the court, when such copy is made by him, per folio...........................       $0.30

For each certificate of the clerk, under the seal of the court................         1.00

For filing each claim in probate or insolvency proceedings, to be paid by the party filing such claim........................................................................            .25

      3.  For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:

For issuing marriage licenses, one-half to be paid to the county recorder           ........................................................................................... $2.00

For filing, indexing and registering certificates of copartnership.........         2.50

 


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

ê1959 Statutes of Nevada, Page 715 (Chapter 435, AB 384)ê

 

For filing and indexing articles of incorporation.....................................       $2.50

For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each....................................................................         1.00

For issuing any license required by law, other than marriage licenses         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate.......         1.00

For comparing the copy with the original, per folio...................            .05

For making satisfaction of or credit on judgment..................................            .25

For filing and receiving remittitur from supreme court..........................         1.00

For administering each oath without certificate, except in a pending action or proceeding..................................................................................            .50

For taking an affidavit, except in criminal cases...................................            .50

For taking and approving each undertaking and the justification thereof, except in criminal cases........................................................................         1.00

For searching records of files in his office, for each year (but no charge to suitors or attorneys)...............................................................................            .50

For taking acknowledgment of any deed or other instrument, including the certificate....................................................................................         1.00

 

      4.  The clerk shall neither charge nor collect any fees for services by him rendered to the State of Nevada or Douglas County, or any city or town within Douglas County, or any officer thereof in his official capacity. No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 7.  NRS 19.150 is hereby amended to read as follows:

      19.150  1.  The county clerk of Elko County, as county clerk and ex officio clerk of the District Court of the Fourth Judicial District of the State of Nevada, in and for the County of Elko, shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court or on an appeal thereto or on the transfer of any case from a justice’s court, except probate proceedings, to be paid by the party commencing such action or proceeding or taking such appeal, or on the transfer of a case from a justice’s court, by the plaintiff therein, the fee to be in addition to the court fee now provided by law....................................     $12.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, the fee to be in addition to the court fee now provided by law........................................         8.50

On filing a petition to contest any will or codicil, to be paid by the petitioner    .............................................................................................. 5.00

 


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

ê1959 Statutes of Nevada, Page 716 (Chapter 435, AB 384)ê

 

On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of an account or any other proceeding in an estate or guardianship matter, to be paid by the moving or objecting party............................       $5.00

On the appearance of any defendant or any number of defendants answering jointly..........................................................................................       10.00

On the appearance of every additional defendant, appearing separately, or any number of additional defendants, appearing jointly              .............................................................................................. 2.50

On the filing of a complaint in intervention............................................         2.50

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

      2.  The clerk shall also be entitled to charge and collect the following fees and compensations not provided for in subsection 1:

For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing the same, which shall be in full for all services to be rendered in connection with the motion     ........................................................................................... $2.50

For issuing an execution or order of sale, in any action........................         1.00

For issuing transcript of judgment and certifying thereto.....................         1.00

For filing and docketing abstract of judgment of justice’s court and issuing execution thereon.....................................................................         1.50

For certifying any copy of any record, proceeding or paper on file in the office of the clerk......................................................................................            .50

When such copy is made by him, per folio.................................            .15

For filing, indexing and registering certificates of copartnership.........         1.00

For issuing marriage licenses, one-half to be paid to the county recorder           .............................................................................................. 2.00

For issuing any certificate under seal, not otherwise provided for......            .50

For searching records or files in his office, for each year, but not to charge suitors or attorneys................................................................................            .50

For taking acknowledgment of any deed or other instrument, including the certificate....................................................................................         1.00

For filing, indexing and recording articles of incorporation, including articles of incorporation of nonprofit corporations and associations         1.00

 

      3.  No fee shall be charged by the clerk for any services rendered in any criminal case or in habeas corpus proceedings.

      4.  All fees collected by the county clerk under the provisions of this section shall be [by him turned into the general fund of Elko County each month;] accounted for and paid over monthly, not later than the 5th day of the month next succeeding the month in which such fees are collected, to the county treasurer, for the benefit of the general fund; provided:

      (a) He may retain for his own use the fees and compensations allowed for all services performed by him as clerk of the district court (and authorized by acts of Congress) in connection with the entry and final proofs relative to government lands, and the naturalization of aliens.


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

ê1959 Statutes of Nevada, Page 717 (Chapter 435, AB 384)ê

 

allowed for all services performed by him as clerk of the district court (and authorized by acts of Congress) in connection with the entry and final proofs relative to government lands, and the naturalization of aliens.

      (b) He shall, pursuant to chapter 380 of NRS, set aside from the costs received on the commencement in or removal to the district court of any civil action, proceeding, or appeal, such sum as the board of county commissioners may set for such purpose.

      Sec. 8.  NRS 19.160 is hereby amended to read as follows:

      19.160  1.  The county clerk of Esmeralda County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law...............................................................................................     $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................       10.00

For every additional defendant, appearing separately.............         5.00

On the filing of any paper in intervention................................................       10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $400 and less than $3,000.........................................................................................       15.00

Where the stated value of the estate is in excess of $3,000....       25.00

Where the stated value of the estate is less than $400, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.....................................         5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................         5.00

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

 


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

ê1959 Statutes of Nevada, Page 718 (Chapter 435, AB 384)ê

 

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio...................................       $0.20

When the copy is photostated, for the first page.......................            .50

For each additional page photostated.........................................            .50

For each certificate of the clerk, under the seal of the court................            .75

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing transcript of judgment and certifying thereto.....................         1.00

For filing and docketing abstract of judgment of a justice’s court.....         1.00

For issuing execution thereon........................................................         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk   .............................................................................................. 1.00

For comparing such copy with the original, per folio................            .05

For filing and indexing articles of incorporation.....................................         1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................         1.00

For filing and recording a bond of a notary public................................         2.50

For administering each oath, without a certificate, except in a pending action or proceeding..................................................................................            .50

For taking any affidavit, except in criminal cases.................................            .50

For searching records or files in the office of the clerk, for each year            .50

For taking acknowledgments.....................................................................         1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names      ................................................................................................ .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Esmeralda County, or any city or town within Esmeralda County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 9.  NRS 19.170 is hereby amended to read as follows:


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

ê1959 Statutes of Nevada, Page 719 (Chapter 435, AB 384)ê

 

      19.170  1.  The county clerk of Eureka County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law...............................................................................................     $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................       10.00

For every additional defendant, appearing separately.............         5.00

On the filing of any paper in intervention................................................       10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $400 and less than $3,000.........................................................................................       15.00

Where the stated value of the estate is in excess of $3,000....       25.00

Where the stated value of the estate is less than $400, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.....................................         5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................         5.00

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio...................................            .20

When the copy is photostated, for the first page.......................            .50

For each additional page photostated.........................................            .50

For each certificate of the clerk, under the seal of the court................            .75

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

 


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

ê1959 Statutes of Nevada, Page 720 (Chapter 435, AB 384)ê

 

For issuing transcript of judgment and certifying thereto.....................       $1.00

For filing and docketing abstract of judgment of a justice’s court.....         1.00

For issuing execution thereon........................................................         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk   .............................................................................................. 1.00

For comparing such copy with the original, per folio................            .05

For filing and indexing articles of incorporation.....................................         1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................         1.00

For filing and recording a bond of a notary public................................         2.50

For administering each oath, without a certificate, except in a pending action or proceeding..................................................................................            .50

For taking any affidavit, except in criminal cases.................................            .50

For searching records or files in the office of the clerk, for each year            .50

For taking acknowledgments.....................................................................         1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names      ................................................................................................ .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Eureka County, or any city or town within Eureka County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 10.  NRS 19.180 is hereby amended to read as follows:

      19.180  1.  The county clerk of Humboldt County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law...............................................................................................     $17.00

 


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

ê1959 Statutes of Nevada, Page 721 (Chapter 435, AB 384)ê

 

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................     $10.00

For every additional defendant, appearing separately.............         5.00

On the filing of any paper in intervention................................................       10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $400 and less than $3,000.........................................................................................       15.00

Where the stated value of the estate is in excess of $3,000....       25.00

Where the stated value of the estate is less than $400, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.....................................         5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................         5.00

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio...................................            .20

When the copy is photostated, for the first page.......................            .50

For each additional page photostated.........................................            .50

For each certificate of the clerk, under the seal of the court................            .75

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing transcript of judgment and certifying thereto.....................         1.00

For filing and docketing abstract of judgment of a justice’s court.....         1.00

For issuing execution thereon........................................................         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk   .............................................................................................. 1.00

For comparing such copy with the original, per folio................            .05

 


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

ê1959 Statutes of Nevada, Page 722 (Chapter 435, AB 384)ê

 

For filing and indexing articles of incorporation.....................................       $1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................         1.00

For filing and recording a bond of a notary public................................         2.50

For administering each oath, without a certificate, except in a pending action or proceeding..................................................................................            .50

For taking any affidavit, except in criminal cases.................................            .50

For searching records or files in the office of the clerk, for each year            .50

For taking acknowledgments.....................................................................         1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names      ................................................................................................ .25

For filing miscellaneous documents not connected with any court action         .............................................................................................. 1.00

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Humboldt County, or any city or town within Humboldt County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 11.  NRS 19.190 is hereby amended to read as follows:

      19.190  1.  The county clerk of Lander County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law...............................................................................................     $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................       10.00

For every additional defendant, appearing separately.............         5.00

On the filing of any paper in intervention................................................       10.00

 


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

ê1959 Statutes of Nevada, Page 723 (Chapter 435, AB 384)ê

 

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $400 and less than $3,000.........................................................................................     $15.00

Where the stated value of the estate is in excess of $3,000....       25.00

Where the stated value of the estate is less than $400, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.....................................         5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................         5.00

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio...................................            .20

When the copy is photostated, for the first page.......................            .50

For each additional page photostated.........................................            .50

For each certificate of the clerk, under the seal of the court................            .75

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing transcript of judgment and certifying thereto.....................         1.00

For filing and docketing abstract of judgment of a justice’s court.....         1.00

For issuing execution thereon........................................................         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk   .............................................................................................. 1.00

For comparing such copy with the original, per folio................            .05

For filing and indexing articles of incorporation.....................................         1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................         1.00

For filing and recording a bond of a notary public................................         2.50

For administering each oath, without a certificate, except in a pending action or proceeding..................................................................................            .50

 


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

ê1959 Statutes of Nevada, Page 724 (Chapter 435, AB 384)ê

 

For taking any affidavit, except in criminal cases.................................       $0.50

For searching records or files in the office of the clerk, for each year            .50

For taking acknowledgments.....................................................................         1.00

For registering and indexing a certificate of fictitious name or designation, notwithstanding the provisions of NRS 602.050................            .50

For each name, where the certificate contains in excess of four names      ................................................................................................ .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Lander County, or any city or town within Lander County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 12.  NRS 19.200 is hereby amended to read as follows:

      19.200  1.  The county clerk of Lincoln County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law...............................................................................................     $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................       10.00

For every additional defendant, appearing separately.............         5.00

On the filing of any paper in intervention................................................       10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $400 and less than $3,000.........................................................................................       15.00

Where the stated value of the estate is in excess of $3,000....       25.00


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

ê1959 Statutes of Nevada, Page 725 (Chapter 435, AB 384)ê

 

Where the stated value of the estate is less than $400, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.....................................       $5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................         5.00

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio...................................            .20

When the copy is photostated, for the first page.......................            .50

For each additional page photostated.........................................            .50

For each certificate of the clerk, under the seal of the court................            .75

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing transcript of judgment and certifying thereto.....................         1.00

For filing and docketing abstract of judgment of a justice’s court.....         1.00

For issuing execution thereon........................................................         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk   .............................................................................................. 1.00

For comparing such copy with the original, per folio................            .05

For filing and indexing articles of incorporation.....................................         1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................         1.00

For filing and recording a bond of a notary public................................         2.50

For administering each oath, without a certificate, except in a pending action or proceeding..................................................................................            .50

For taking any affidavit, except in criminal cases.................................            .50

For searching records or files in the office of the clerk, for each year            .50

For taking acknowledgments.....................................................................         1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.


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

ê1959 Statutes of Nevada, Page 726 (Chapter 435, AB 384)ê

 

For each name, where the certificate contains in excess of four names      ........................................................................................... $0.25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Lincoln County, or any city or town within Lincoln County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 13.  NRS 19.210 is hereby amended to read as follows:

      19.210  1.  The county clerk of Lyon County and ex officio clerk of the First Judicial District Court of the State of Nevada, in and for the county of Lyon, shall charge and collect fees as follows:

 

On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding...............................     $15.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................         7.50

For every additional defendant appearing separately..............         5.00

For filing a complaint in intervention.......................................................         5.00

The foregoing fees shall be paid in full for all services rendered by the clerk in the case, to and including the making up of the judgment roll.

For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), to be paid by the party moving for a new trial or to set aside judgment..................         2.50

For filing notice and undertaking and all services, including indexing, on appeal to the supreme court.....................................................................         3.50

For entering judgment by confession.......................................................         3.00

For filing remittitur from supreme court...................................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing execution or order of sale.......................................................         1.00

For copying decree and return, per folio......................................            .20

For services performed in an action appealed from a justice’s court.       15.00

 


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

ê1959 Statutes of Nevada, Page 727 (Chapter 435, AB 384)ê

 

For services performed in an action transferred from the district court of another county.........................................................................................     $15.00

For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charge or postage...................................................         2.50

For services performed in proceedings to perpetuate testimony.........         1.00

For certificates for dismissal of appeal:

When prepared by the clerk...........................................................         2.50

When prepared and furnished by the attorney..........................         1.00

For filing any paper in any case after judgment, not otherwise provided for    ................................................................................................ .25

For issuing transcript of judgment, per folio............................................            .20

For taking and certifying depositions:

For each folio...................................................................................            .20

For each day’s attendance............................................................         4.00

For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $400 in value...........................................         5.00

For services in probate proceedings wherein a summary administration shall be ordered........................................................................................       15.00

For services in probate proceedings wherein a summary administration is not ordered........................................................................................       25.00

For services in guardianship proceedings.................................................       15.00

For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross-petition to the appointment of an executor, administrator or guardian........................................................       10.00

      2.  The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:

For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio...........................       $0.20

For each certificate of the clerk under the seal of the court.................         1.00

For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment..............................................................................         1.00

 

      3.  For all services not enumerated in this section, such fees as are now or may hereafter be fixed by law.

      4.  The foregoing fees shall include the fees provided for and known as court fees in NRS 19.090.

      5.  No fees shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      6.  The clerk shall, on [the 1st Monday] or before the 5th day of each month, pay to the county treasurer the amount of all fees charged by the clerk during the [next] preceding month.

      7.  On the commencement in or removal to the district court of the county of any civil action, proceeding or appeal, on filing the first paper therein the clerk of the court shall set aside from the costs received the sum of $4 in each such case for the law library fund of the county as the same is now constituted by law.


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

ê1959 Statutes of Nevada, Page 728 (Chapter 435, AB 384)ê

 

received the sum of $4 in each such case for the law library fund of the county as the same is now constituted by law.

      Sec. 14.  NRS 19.220 is hereby amended to read as follows:

      19.220  1.  The county clerk of Mineral County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal from a justice’s court thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law.....................................................     $12.00

In cases wherein an injunction, attachment or receiver is asked for, an additional fee of $2.50 shall be charged and collected.

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................       10.00

For every additional defendant, appearing separately.............         5.00

On the filing of any cross-complaint, counterclaim or paper of intervention    ........................................................................................... 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $400 and less than $3,000.........................................................................................       15.00

Where the stated value of the estate is in excess of $3,000....       20.00

Where the stated value of the estate is less than $400, no fee shall be collected.

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 10.00

On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, other than a petition to contest any will or codicil, to be paid by the moving party or party objecting......................................................................         5.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................         2.50

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:


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

ê1959 Statutes of Nevada, Page 729 (Chapter 435, AB 384)ê

 

When the copy is typed by him, per folio...................................       $0.30

When the copy is not made by him, but presented for comparison with the original on file in the office, per folio....................................            .05

For clerk’s certificate of certified copy, in addition to the fees required for typing or comparison............................................................................         1.00

For each certificate of the clerk, under the seal of the court................         1.00

For filing remittitur from the supreme court............................................         1.00

        For recording judgment entered thereon, per folio.........................            .30

For issuing transcript of judgment and certifying thereto.....................         1.00

For filing and docketing abstract of judgment of a justice’s court.....         1.00

For issuing execution thereon........................................................            .50

For filing and indexing articles of incorporation or partnership agreements      .............................................................................................. 2.50

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................         1.00

For filing and recording a bond of a notary public................................         1.00

For administering each oath, without a certificate, except in a pending action or proceeding..................................................................................            .50

For taking any affidavit, except in criminal cases.................................            .50

For searching records or files in the office of the clerk, for each year            .50

For taking acknowledgments.....................................................................         1.00

For filing a petition for a change of name or for a writ of any kind except habeas corpus, and for all services in connection therewith...........         7.50

For filing and docketing an abstract of judgment of a district court of another county and for issuing execution thereon............................         2.00

 

      2.  All fees prescribed in this section shall be payable in advance.

      3.  The county clerk shall neither charge nor collect any fees for services rendered in any criminal case, or for services rendered by him to the State of Nevada or Mineral County in any case wherein the state or county is a plaintiff or a defendant. No fee shall be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No charge shall be made or fee collected for a writ of habeas corpus.

      4.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 15.  NRS 19.230 is hereby amended to read as follows:

      19.230  1.  The county clerk of Nye County shall charge and collect the following fees:

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law...............................................................................................     $17.00

 


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

ê1959 Statutes of Nevada, Page 730 (Chapter 435, AB 384)ê

 

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................     $10.00

For every additional defendant, appearing separately.............         5.00

On the filing of any paper in intervention................................................       10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $400 and less than $3,000.........................................................................................       15.00

Where the stated value of the estate is in excess of $3,000....       25.00

Where the stated value of the estate is less than $400, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.....................................         5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................         5.00

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio...................................            .20

When the copy is photostated, for the first page.......................            .50

For each additional page photostated.........................................            .50

For each certificate of the clerk, under the seal of the court................            .75

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing transcript of judgment and certifying thereto.....................         1.00

For filing and docketing abstract of judgment of a justice’s court.....         1.00

For issuing execution thereon........................................................         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk   .............................................................................................. 1.00

For comparing such copy with the original, per folio................            .05

 


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

ê1959 Statutes of Nevada, Page 731 (Chapter 435, AB 384)ê

 

For filing and indexing articles of incorporation.....................................       $1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................         1.00

For filing and recording a bond of a notary public................................         2.50

For administering each oath, without a certificate, except in a pending action or proceeding..................................................................................            .50

For taking any affidavit, except in criminal cases.................................            .50

For searching records or files in the office of the clerk, for each year            .50

For taking acknowledgments.....................................................................         1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names      ................................................................................................ .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Nye County, or any city or town within Nye County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 16.  NRS 19.240 is hereby amended to read as follows:

      19.240  1.  The county clerk of Ormsby County and ex officio clerk of the First Judicial District Court of the State of Nevada, in and for the county of Ormsby, shall charge and collect fees as follows:

 

On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing the action or proceeding..................................     $15.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................         5.00

For every additional defendant appearing separately..............         5.00

For filing a complaint in intervention.......................................................         5.00

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


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

ê1959 Statutes of Nevada, Page 732 (Chapter 435, AB 384)ê

 

For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), to be paid by the party moving for a new trial or to set aside judgment..................       $2.50

For filing notice and undertaking and all services, including indexing, on appeal to the supreme court.....................................................................         3.50

For entering judgment by confession.......................................................         3.00

For filing remittitur from supreme court...................................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing execution or order of sale.......................................................         1.00

For copying decree and return, per folio......................................            .20

For services performed in an action transferred from the district court of another county.........................................................................................       10.00

For services performed in an action appealed from the justice’s court               ........................................................................................... 10.00

For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charge or postage...................................................         2.50

For services performed in proceedings to perpetuate testimony.........         1.00

For certificates for dismissal of appeal:

When prepared by the clerk...........................................................         2.50

When prepared and furnished by the attorney..........................         1.00

For filing any paper in any case after judgment, not otherwise provided for    ................................................................................................ .25

For issuing transcript of judgment, per folio............................................            .20

For taking and certifying depositions:

For each folio...................................................................................            .20

For each day’s attendance............................................................         4.00

For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $400 in value...........................................         5.00

For services in probate proceedings wherein a summary administration shall be ordered........................................................................................       15.00

For services in probate proceedings wherein summary administration is not ordered........................................................................................       25.00

For services in guardianship proceedings.................................................       15.00

For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross-petition to the appointment of an executor, administrator or guardian........................................................         5.00

 

      2.  The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:

 

For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio...........................       $0.20

For each certificate of the clerk under the seal of the court.................            .50

For filing and indexing articles of incorporation, or amendments thereto          .............................................................................................. 2.50

For filing acceptance by resident agent.......................................         1.00

 


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

ê1959 Statutes of Nevada, Page 733 (Chapter 435, AB 384)ê

 

For filing, indexing and registering certificates of copartnership.........       $2.50

For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each....................................................................         1.00

 

      3.  For all services not enumerated in this section, such fees as are now or may hereafter be fixed by law.

      4.  No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      5.  The foregoing fees shall include the fees provided for and known as court fees in NRS 19.020.

      6.  The clerk shall, on [the 1st Monday] or before the 5th day of each month, pay to the county treasurer the amount of all fees charged by the clerk during the [next] preceding month.

      Sec. 17.  NRS 19.250 is hereby amended to read as follows:

      19.250  1.  The county clerk of Pershing County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law...............................................................................................     $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................       10.00

For every additional defendant, appearing separately.............         5.00

On the filing of any paper in intervention................................................       10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $400 and less than $3,000.........................................................................................       15.00

Where the stated value of the estate is in excess of $3,000....       25.00

Where the stated value of the estate is less than $400, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.....................................         5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 15.00

 


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

ê1959 Statutes of Nevada, Page 734 (Chapter 435, AB 384)ê

 

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................       $5.00

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio...................................            .20

When the copy is photostated, for the first page.......................            .75

For each additional page photostated.........................................            .50

For each certificate of the clerk, under the seal of the court................            .75

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing transcript of judgment and certifying thereto.....................         1.00

For filing and docketing abstract of judgment of a justice’s court.....         1.00

For issuing execution thereon........................................................         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk   .............................................................................................. 1.00

For comparing such copy with the original, per folio................            .05

For filing and indexing articles of incorporation.....................................         1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................         1.00

For filing and recording a bond of a notary public................................         2.50

For administering each oath, without a certificate, except in a pending action or proceeding..................................................................................            .50

For taking any affidavit, except in criminal cases.................................            .50

For searching records or files in the office of the clerk, for each year            .50

For taking acknowledgments.....................................................................         1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names      ................................................................................................ .25

 

      2.  The fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Pershing County, or any city or town within Pershing County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk.


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

ê1959 Statutes of Nevada, Page 735 (Chapter 435, AB 384)ê

 

at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  All fees collected by the clerk pursuant to this section shall be paid over to the county treasurer on or before the [1st] 5th day of [each] the month [.] next succeeding the month in which such fees are collected.

      Sec. 18.  NRS 19.260 is hereby amended to read as follows:

      19.260  1.  The county clerk of Storey County and ex officio clerk of the First Judicial District Court of the State of Nevada, in and for the county of Storey, shall charge and collect fees as follows:

 

On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing the action, which shall include the court fee now provided by law..........................................................................................     $11.00

On an appeal to the district court, to be paid by the party taking such appeal, which shall include the court fee now provided by law.....       10.00

On the appearance of any defendant, or any number of defendants, answering jointly..........................................................................................         2.00

For each additional defendant appearing separately...............         2.00

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds......................................         1.00

For filing a complaint in intervention.......................................................         5.00

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

On the filing of any notice or motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk, in full for all services to be rendered in connection with the motion......         3.00

For all services performed in an action or proceeding which has been transferred from the district court of another county, the fee to be in full for all services rendered in such suit to and including the making of the judgment roll..............................................................................       10.00

On the filing of a petition for letters testamentary, or of administration or guardianship, which shall include the court fee now provided by law   ........................................................................................... 15.00

At the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of $1 for each $1,000, or major fraction thereof, of the appraised value in excess of $2,000.

On filing a petition to contest any will or codicil.....................................         5.00

For filing objections or cross-petitions to the appointment of an executor, administrator or guardian........................................................         2.50

For filing each claim in probate proceedings, to be paid by the party filing the claim............................................................................................            .25


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

ê1959 Statutes of Nevada, Page 736 (Chapter 435, AB 384)ê

 

      2.  The clerk shall also charge and collect the following fees not provided for in subsection 1:

 

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

For examining and certifying to a copy of any paper or record, or proceeding, prepared by another and presented for his certificate:

For the certificate.............................................................................         1.00

For comparing the copy with the original, per folio...................            .10

For each certificate of the clerk under seal of the court........................         1.00

For filing and indexing articles of incorporation.....................................         2.50

For filing and indexing all certificates of copartnership........................         2.50

For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and papers enumerated in this section.........................................................................................         1.00

For making satisfaction of or credit on judgment..................................            .50

For administering each oath, without certificate, except in an action on trial court......................................................................................................            .50

For taking an affidavit or acknowledgment...........................................         1.00

For taking and approving undertaking and justification thereof........         1.00

For filing remittitur from supreme court...................................................         1.00

For searching files in his office for each year..........................................            .50

 

      3.  The clerk shall also charge and collect all other fees provided by law not enumerated in this section or constituting a part of proceedings instituted in the district court of Storey County.

      4.  The clerk shall neither charge nor collect any fees for services rendered to the State of Nevada or Storey County, or any city or town within Storey County, or any officer thereof in his official capacity. No fee shall be charged or collected in criminal cases, and no fee shall be charged for filing official bonds of county or township officers.

      5.  The foregoing fees shall include the fees provided for and known as court fees in NRS 19.020.

      6.  The clerk shall, on [the 1st Monday] or before the 5th day of each month, pay to the county treasurer the amount of all fees charged by the clerk during the [next] preceding month.

      Sec. 19.  NRS 19.270 is hereby amended to read as follows:

      19.270  1.  The county clerk of Washoe County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law...............................................................................................     $17.00

 


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

ê1959 Statutes of Nevada, Page 737 (Chapter 435, AB 384)ê

 

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................     $10.00

For every additional defendant, appearing separately.............         5.00

On the filing of any paper in intervention................................................       10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $400 and less than $3,000.........................................................................................       15.00

Where the stated value of the estate is in excess of $3,000....       25.00

Where the stated value of the estate is less than $400, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.....................................         5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner    ........................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................         5.00

For issuing an execution or order of sale in any action.........................         1.00

For filing a notice of appeal and appeal bonds, each...........................         1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage...................................................................................         2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio...................................            .20

When the copy is photostated, for the first page.......................            .75

For each additional page photostated.........................................            .50

For each certificate of the clerk, under the seal of the court................         1.00

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing transcript of judgment and certifying thereto.....................         1.00

For filing and docketing abstract of judgment of a justice’s court.....         1.00

For issuing execution thereon........................................................         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk   .............................................................................................. 1.00

For comparing such copy with the original, per folio................            .05

 


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

ê1959 Statutes of Nevada, Page 738 (Chapter 435, AB 384)ê

 

For filing and indexing articles of incorporation.....................................       $2.50

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................         1.00

For filing and recording a bond of a notary public................................         2.50

For administering each oath, without a certificate except in a pending action or proceeding..................................................................................            .50

For taking any affidavit, except in criminal cases.................................            .50

For searching records or files in the office of the clerk, for each year            .50

For taking acknowledgments.....................................................................         1.00

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Washoe County, or any city or town within Washoe County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 20.  NRS 19.280 is hereby amended to read as follows:

      19.280  1.  The county clerk of White Pine County and ex officio clerk of the Seventh Judicial District Court of the State of Nevada, shall charge and collect fees as follows:

 

For all services performed by him in any action or proceeding, except a probate or guardianship proceeding, to and including the making up of the judgment roll, to be collected in advance from the party commencing the action or proceeding..........................................................     $15.00

In cases where an injunction or an attachment or a receiver is asked for, an additional advance fee of $5 shall be charged and collected.

For filing cross-complaint, counterclaim, or a complaint in intervention            .............................................................................................. 5.00

For entering judgment by confession.......................................................       10.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................       10.00

For every additional defendant, appearing separately.............         5.00

For services performed in an action appealed from a justice’s court.         6.00

 


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

ê1959 Statutes of Nevada, Page 739 (Chapter 435, AB 384)ê

 

For filing and indexing papers on transfer of a cause from the district court of another county..........................................................................       $5.00

For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charge or postage...................................................         5.00

For issuing a commission to take testimony...........................................         1.00

For filing notice and undertaking and all services, including indexing, on appeal to the supreme court.....................................................................         5.00

For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), to be paid by the party moving for a new trial or to set aside judgment..................         5.00

For services performed in proceedings to perpetuate testimony.........         2.00

For certificates of dismissal of appeal:

When prepared by the clerk...........................................................         5.00

When prepared and furnished by the attorney..........................         2.50

For filing remittitur from the supreme court............................................         1.00

For recording judgment entered thereon, per folio....................            .20

For issuing execution or order of sale.......................................................         1.00

For return on same..........................................................................            .50

For filing any papers in any cause after judgment, not otherwise provided for      ................................................................................................ .50

For issuing transcript of judgment and certifying thereto.....................         2.50

For taking and certifying depositions:

For each folio...................................................................................            .20

For each day’s attendance............................................................         4.00

For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $400 in value...........................................         5.00

For services in probate proceedings wherein a summary administration shall be ordered........................................................................................       15.00

For services in probate and guardian proceedings:

In which the value of the estate exceeds $3,000 and does not exceed $10,000.......................................................................................       25.00

In which the value of the estate exceeds $10,000....................       40.00

The valuation herein mentioned shall be ascertained from the inventory filed.

For filing an inventory and appraisement of an estate.........................       10.00

For filing objections or cross-petitions to the appointment of an executor, administrator or guardian, or objections to the settlement of accounts or any other proceedings in an estate or guardianship matter, to be paid by the moving or objecting party..................................         5.00

For any copy of any record, proceeding or paper on file in the office of the clerk relating to any civil action or proceeding theretofore tried or pending in the court:

When such copy is made by him, per folio.................................            .20

When such copy is not made by him, per folio..........................            .10

For each certificate thereto............................................................            .50


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

ê1959 Statutes of Nevada, Page 740 (Chapter 435, AB 384)ê

 

      2.  For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:

 

For issuing marriage licenses ($1 to be retained by him and $1 to be paid to the county recorder)........................................................................       $2.00

For filing, indexing and registering certificates of copartnership.........         2.50

For filing and indexing articles of incorporation.....................................         2.50

For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each....................................................................         1.00

 

      3.  For all services not enumerated in this section, the clerk may charge and collect such fees as are now or may hereafter be fixed by law.

      4.  No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      5.  The foregoing fees shall be collected in addition to the fees provided for and known as court fees in NRS 19.020, and paid into the office of the county treasurer on or before the [first] 5th day of [each] the month [.] next succeeding the month in which such fees are collected.

      Sec. 21.  NRS 122.060 is hereby amended to read as follows:

      122.060  1.  The clerk shall be entitled to receive as his fee for issuing the license the sum of $1, but if licenses are issued after regular office hours, the board of county commissioners may set an additional fee by county ordinance, which fee shall be deposited in the county general fund.

      2.  The clerk shall also at the time of issuing the license collect the sum of $1 and pay the same over to the county recorder as his fee for recording the certificate named in NRS 122.130.

      3.  The clerk shall also at the time of issuing the license collect the additional sum of $3 for the State of Nevada. The fees collected for the state shall be paid over to the county treasurer by the county clerk on or before the [1st Monday 5th day of each month for the preceding calendar month, and shall be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer, to be placed by the state treasurer in the general fund of the state.

      Sec. 22.  NRS 247.230 is hereby amended to read as follows:

      247.230  1.  The county recorder of Clark County shall be allowed to charge and collect the following fees:

 

For receiving, filing and entering documents required to be recorded       $0.25

For filing and entering any paper not to be recorded.............................            .50

For making all necessary indexes to each paper filed or recorded, for each name to be indexed, for five names or less.....................................            .50

For each additional name..............................................................            .25

For recording any instrument, paper or document, for each folio......            .20


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

ê1959 Statutes of Nevada, Page 741 (Chapter 435, AB 384)ê

 

If the photostatic method of recording is used, in lieu of 20 cents per folio, the county recorder may charge 75 cents for the first photostated page and 50 cents for each additional page or part of a photostated page.

For every certificate under seal..................................................................       $1.00

For every entry of discharge or assignment of mortgage on the margin of the records.........................................................................................         1.00

For abstract of title, for each document embraced thereby.................            .75

For searching records and files, for each document necessarily examined        ................................................................................................ .25

For recording any survey or map other than a town plat, for each corner         ................................................................................................ .30

For recording town plat, for each lot or separate subdivision exhibited thereby     ................................................................................................ .25

For each folio of lettering or figuring thereon, or in the certificate and description of the same............................................................            .50

For recording certificates of marriage.......................................................         1.00

For copying of any document, including certificate and seal, for the first signature......................................................................................................            .75

For each additional signature........................................................            .25

 

      2.  The county recorder shall be allowed to charge and collect for recording or copying any paper in a foreign language double the fees as when in English.

      3.  No map or plat shall be recorded exceeding in size two folios of the usual size records.

      4.  The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Clark, or any city or town within Clark County, or any officer thereof in his official capacity, except for copying of any document, including certificate and seal, for which the statutory fee shall be paid.

      5.  The county recorder shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.

      Sec. 23.  NRS 247.240 is hereby amended to read as follows:

      247.240  1.  The county recorder of Lincoln County shall charge and collect the following fees:

 

For receiving, filing and entering documents required to be recorded       $0.25

For filing and entering any paper not to be recorded.............................            .50

For making all necessary indexes to each paper filed or recorded, for each name to be indexed.............................................................................            .50

For recording any instrument, paper or document, for each folio......            .30

For every certificate under seal..................................................................         1.00

For every entry of discharge of mortgage on the margin of records...            .50

For abstract of title, for each document embraced thereby.................         1.00

For searching records and files, for each document necessarily examined        ................................................................................................ .50

 


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

ê1959 Statutes of Nevada, Page 742 (Chapter 435, AB 384)ê

 

For recording any survey or map other than town plat, for each course            ........................................................................................... $0.50

For recording town plat, for each lot or separate subdivision exhibited thereby     ................................................................................................ .25

For each folio of lettering or figuring thereon, or in the certificate and description of the same............................................................         1.00

For recording certificates of marriage.......................................................         1.00

For taking acknowledgment, including certificate and seal, for first signature  .............................................................................................. 1.00

For each additional signature........................................................            .25

For recording, filing and indexing each mining notice or certificate of location      .............................................................................................. 1.00

For filing, recording and indexing each proof of labor or affidavit of assessment work, for the first claim............................................................            .50

For each and every claim...............................................................            .25

But not more than one folio for each proof of labor or affidavit of assessment; if more than one folio a fee of 30 cents per folio shall be charged.

 

      2.  The county recorder shall charge and collect:

      (a) For a copy of any record or document in his office, the same fees as for recording.

      (b) For recording or copying any paper in a foreign language, double the fees as when in English.

      3.  No map or plat shall be recorded exceeding in size two folios of the usual size records.

      4.  All fees collected under the provisions of this section shall be paid into the county treasury on or before the [1st Monday] 5th day of [each] the month [;] next succeeding the month in which such fees are collected; but one-half of the fee charged for an abstract of title shall be retained by the county recorder.

      Sec. 24.  NRS 247.250 is hereby amended to read as follows:

      247.250  1.  The county recorder of Mineral County shall be allowed to charge and to collect the following fees:

 

For filing and entering any paper not to be recorded.............................       $0.50

For receiving, filing and entering documents required to be recorded            .25

For making all necessary indexes to each paper filed or recorded, for each name to be indexed.............................................................................            .25

For recording any instrument, paper or document, for each folio......            .30

For recording certificate of marriage, death, birth or divorce...............         1.00

For recording certificate of proofs of labor on mining claims, for the first claim embraced therein......................................................................            .50

For each additional claim..............................................................            .25

For each folio in excess of the first 100 words...........................            .30

For recording each and every notice of mining location.......................         1.00

For recording any survey or map, other than town plats, for each course          ................................................................................................ .50

For recording town plats, for each lot or separate subdivision exhibited thereby   ................................................................................................ .25

For each folio of lettering or figuring thereon, or in the certificate and description of the same............................................................         1.00

 


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

ê1959 Statutes of Nevada, Page 743 (Chapter 435, AB 384)ê

 

For filing notices of lis pendens, writs of attachment, sheriffs’ certificates of sale of property on execution.........................................................       $1.00

For every entry of discharge of mortgage on the margin of the record               ................................................................................................ .50

For searching records and files, for each document necessarily examined        ................................................................................................ .10

For abstract of title, for each document embraced thereby.................         1.00

For every certificate under seal..................................................................         1.00

For taking acknowledgment, including certificate and seal, for the first signature .............................................................................................. 1.00

For each additional signature........................................................            .25

For recording and filing marks and brands, and making and transmitting any required copies thereof, if new................................................         2.00

If a rerecord of an old mark or brand..........................................            .50

 

      2.  The county recorder shall be allowed to charge and collect:

      (a) For recording notices of intention to claim exemption from annual assessment work on mining claims, under the provisions of any act of Congress providing therefor, the same fees as for recording certificates of proofs of labor.

      (b) For recording or copying any paper in a foreign language, double the fees as when in English.

      (c) For a copy of any record or document in his office, the same fees as for recording.

      3.  No map or plat shall be recorded exceeding in size two folios of the usual size records.

      4.  No charge shall be made for:

      (a) Filing duplicate copies of a treasurer’s certificate of sale of property for delinquent taxes.

      (b) Filing and recording any official bonds required by law to be recorded.

      (c) Filing and recording the treasurer’s deed as trustee of property sold at a delinquent tax sale.

      (d) Any deed to the county or state, or any school district.

      5.  All fees collected by the county recorder shall be paid by him into the county treasury on or before the [first] 5th day of [each] the month [.] next succeeding the month in which such fees are collected.

      Sec. 25.  NRS 247.260 is hereby amended to read as follows:

      247.260  1.  The county recorder of Ormsby County shall be entitled to the following fees:

 

For receiving, filing and entering documents required to be recorded       $0.25

For filing and entering any paper not to be recorded.............................            .50

For making all necessary indexes to each paper filed or recorded, for each name to be indexed.............................................................................            .50

For recording any instrument, paper or document, for each folio......            .30

For every certificate under seal..................................................................         1.00

For every entry of discharge of mortgage on the margin of records...            .50

For abstract of title, for each document embraced thereby.................         1.00

 


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

ê1959 Statutes of Nevada, Page 744 (Chapter 435, AB 384)ê

 

For searching records and files, for each document necessarily examined        ........................................................................................... $0.50

For recording any survey or map, other than a town plat, for each course        ................................................................................................ .50

For recording town plat, for each lot or separate subdivision exhibited thereby     ................................................................................................ .25

For each folio of lettering or figuring thereon, or in the certificate and description of the same............................................................         1.00

For recording certificates of marriage, death, divorce or birth.............         1.00

For certified copy of marriage certificate................................................         1.00

For taking acknowledgment, including certificate and seal, for the first signature .............................................................................................. 1.00

For each additional signature........................................................            .25

For preparing the abstract of unsatisfied mortgages required by the board of equalization, for each..............................................................            .25

 

      2.  The county recorder shall be allowed to charge and collect:

      (a) For a copy of any record or document in his office, the same fees as for recording.

      (b) For recording or copying any paper in a foreign language, double the fees as when in English.

      3.  No map or plat shall be recorded exceeding in size two folios of the usual size records.

      4.  All fees received by the county recorder and ex officio auditor under the provisions of this section shall be [paid by him into the general fund of Ormsby County.] accounted for and paid over monthly not later than the 5th day of the month next succeeding the month in which such fees are collected, to the county treasurer for the benefit of the general fund.

      Sec. 26.  NRS 247.270 is hereby amended to read as follows:

      247.270  1.  The county recorder of Washoe County shall be allowed to charge and collect the following fees:

 

For receiving, filing and entering documents required to be recorded       $0.25

For filing and entering any paper not to be recorded.............................            .50

For making all necessary indexes to each paper filed or recorded, for each name to be indexed, for five names or less.....................................            .50

For each additional name..............................................................            .25

For recording any instrument, paper or document, for each folio......            .20

For every certificate under seal..................................................................         1.00

For every entry of discharge or assignment of mortgage on the margin of the records.........................................................................................         1.00

For abstract of title, for each document embraced thereby.................            .75

For searching records and files, for each document necessarily examined        ................................................................................................ .25

For recording any survey or map other than a town plat, for each corner         ................................................................................................ .30

For recording town plat, for each lot or separate subdivision exhibited thereby     ................................................................................................ .25

For each folio of lettering or figuring thereon, or in the certificate and description of the same............................................................            .50

 


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

ê1959 Statutes of Nevada, Page 745 (Chapter 435, AB 384)ê

 

For recording certificates of marriage, death, divorce or birth.............       $0.50

For copying of any document or record in his office, for each folio..            .20

For taking acknowledgment, including certificate and seal, for the first signature ................................................................................................ .75

For each additional signature........................................................            .25

 

      2.  The county recorder shall be allowed to charge and collect for recording or copying any paper in a foreign language double the fees as when in English.

      3.  No map or plat shall be recorded exceeding in size two folios for the usual size records.

      4.  The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Washoe, or any city or town within Washoe County, or any officer thereof in his official capacity.

      5.  The county recorder shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.

      Sec. 27.  NRS 247.280 is hereby amended to read as follows:

      247.280  1.  The following fees are fixed and established as the fees to be charged and collected by the county recorder of White Pine County:

 

For receiving, filing and entering documents required to be recorded       $0.15

For filing and entering any paper not to be recorded.............................            .30

For making all necessary indexes to each paper filed or recorded, for each name to be indexed.............................................................................            .30

For recording any instrument, paper or document, for each folio......            .20

For every certificate under seal..................................................................            .75

For every entry of discharge or assignment of mortgage on the margin of the records.........................................................................................            .25

For abstract of title, for each document embraced thereby.................            .75

For searching records and files, for each document necessarily examined        ................................................................................................ .25

But this charge shall not be included in the charge for the abstract of title.

For recording any survey or map other than a town plat, for each corner         ................................................................................................ .30

For recording town plat, for each lot or separate subdivision exhibited thereby     ................................................................................................ .20

For each folio of lettering or figuring thereon, or in the certificate and description of the same............................................................            .50

For recording certificates of marriage, death, divorce or birth.............            .50

For copying of any document or record in his office, for each folio..            .20

For taking acknowledgment, including certificate and seal, for the first signature ................................................................................................ .75

For each additional signature........................................................            .25

 


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

ê1959 Statutes of Nevada, Page 746 (Chapter 435, AB 384)ê

 

For preparing the abstract of unsatisfied mortgages, when requested by the board of equalization, for each.........................................................       $0.25

 

      2.  The county recorder shall be allowed to charge and collect:

      (a) For recording or copying any paper in a foreign language, double the fees as when in English.

      (b) All other fees which are now or may hereafter be fixed and established by law.

      3.  No map or plat shall be recorded exceeding in size two folios of the usual size records.

      4.  On the [1st Monday] 5th day of each month the county recorder shall pay to the county treasurer of White Pine County the amount of all fees charged by the county recorder during the [next] preceding month with the exception of fees charged as provided in subsection 1 for abstracts of title, which fees he may retain as compensation for the last-mentioned service.

      Sec. 28.  NRS 247.290 is hereby amended to read as follows:

      247.290  1.  Except as provided in NRS 247.230, 247.240, 247.250, 247.260, 247.270 and 247.280, county recorders in counties wherein the total vote at the last general election did not exceed 800, and county recorders in counties wherein the total vote at the last general election exceeded 800, shall be allowed to charge and collect the following fees:

 

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For receiving, filing and entering documents required to be recorded............................................................................       $0.25................................................................. $0.15

For filing and entering any paper not to be recorded...           .50   .30

For making all necessary indexes to each paper filed or recorded, for each name to be indexed........................           .50   .30

For recording any instrument, paper or document, for each folio      ...................................................................... .30          .20

In counties polling over 800 votes that use the photostatic method of recording, in lieu of 20 cents per folio, the county recorder may charge by the page photostated at the following rate: 75 cents for the first page and 50 cents for each additional page or part of a page photostated.

For every certificate under seal........................................         1.00   .75

For every entry of discharge or assignment of mortgage on the margin of the records.....................................           .50   .25

For abstract of title, for each document embraced thereby         1.00...................................................................... .75

For searching records and files, for each document necessarily examined..........................................................           .50   .25

For recording any survey or map other than a town plat, for each corner................................................................           .50   .30


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

ê1959 Statutes of Nevada, Page 747 (Chapter 435, AB 384)ê

 

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For recording town plat, for each lot or separate subdivision exhibited thereby............................................       $0.25................................................................. $0.20

For each folio of lettering or figuring thereon, or in the certificate and description of the same.......         1.00   .50

For recording certificates of marriage, death, divorce or birth     1.00...................................................................... .50

For taking acknowledgment, including certificate and seal, for the first signature...................................................         1.00   .75

For each additional signature..............................           .25   .25

For preparing the abstract of unsatisfied mortgages, when requested by the board of equalization, for each         .25...................................................................... .25

 

      2.  County recorders in counties wherein the total vote at the last general election did not exceed 800 shall be allowed to charge and collect for a copy of any record or document in their offices the same fees as for recording. County recorders in counties wherein the total vote at the last general election exceeded 800 shall be allowed to charge and collect for copying of any document or record in their offices, for each folio, 20 cents.

      3.  All county recorders of the counties specified in this section shall be allowed to charge and collect for recording or copying any paper in a foreign language, double the fees as when in English.

      4.  No map or plat shall be recorded exceeding in size two folios of the usual size records.

      5.  No county recorder of any county specified in this section shall charge or collect any fees for any of the services herein specified rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity.

      6.  County recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 29.  NRS 247.300 is hereby amended to read as follows:

      247.300  1.  Except as provided in NRS 247.230, 247.240, 247.250, 247.260, 247.270 and 247.280, the fees of county recorders in counties wherein the total vote at the last general election did not exceed 800 and in counties wherein the total vote at the last general election exceeded 800, for the filing, indexing and safekeeping as provided by law and for the making of the required notations and endorsements thereon of mortgages of personal property and crops, for the issuing of certificates of searches as provided for by law, for filing assignments, discharges, satisfactions, releases, subordinations and waivers relating to mortgages of personal property and crops or to the lien or interest created or evidenced thereby and for issuing a certificate not under seal of any such filing shall be as follows, and not otherwise:


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

ê1959 Statutes of Nevada, Page 748 (Chapter 435, AB 384)ê

 

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For filing, issuing certificate of such filing when requested, indexing and keeping every mortgage of personal property or crops or a certified copy or executed counterpart thereof, and making the necessary notations or endorsements thereon....................................       $0.50................................................................. $0.50

For making searches of the records and indexes of his office, and certificates or abstracts thereof relating to documents and instruments affecting personal property or crops, for each year for which such searches are certified            .25...................................................................... .25

For filing, issuing certificates of such filing when requested, indexing and keeping every assignment, release, discharge, satisfaction, and cancellation relating to any mortgage of personal property or crops, or the lien or interest created or evidenced thereby, or of any certified copy or executed counterpart thereof.......................           .25   .25

For filing, issuing certificate of such filing when requested, indexing, making all necessary notations and endorsements, and keeping every instrument by which, or for the benefit of which, the lien or interest evidenced or created by any mortgage of personal property or crops is subordinated or waived as to priority..................................           .25   .25

For every marginal entry of discharge, credit or release of any mortgage of personal property or crops, and indexing the same..................................................................         ........   .25

 

      2.  No county recorder of any county specified in this section shall charge or collect any fees for any of the services herein specified rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity.

      3.  County recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 30.  NRS 247.310 is hereby amended to read as follows:

      247.310  1.  Except as otherwise provided by law, county recorders shall charge the following fees for recording certificates of proof of labor on mining claims:

 

        For recording any such certificates that embrace therein one claim            ..................................................................................... $0.50


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

ê1959 Statutes of Nevada, Page 749 (Chapter 435, AB 384)ê

 

        For each additional mining claim embraced in the certificate.....       $0.25

 

      2.  If any certificate shall contain more than 100 words, an additional fee of 30 cents shall be charged for each 100 words or fractional part thereof in excess of the first 100 words.

      3.  County recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 31.  NRS 248.270 is hereby amended to read as follows:

      248.270  1.  The sheriff of Mineral County shall be allowed to charge and collect the following fees:

 

For serving a summons or complaint, or any other process by which an action or proceeding is commenced, except a writ of habeas corpus, on every defendant...................................................................................       $2.00

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile.......            .50

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.

For taking bond or undertaking in any case in which he is authorized to take the same............................................................................................         1.50

For copy of any writ, process or other paper, when demanded or required by law, for each folio.............................................................................            .30

For serving every notice, rule or order.......................................................         1.00

For serving subpena, for each witness summoned.................................            .50

For traveling, per mile in serving subpenas or a venire, in going only, for each mile......................................................................................................            .50

When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, together with traveling fees, as in cases of summons........................         3.00

For making and posting notices, and advertising for sale, on execution, or any judgment, or order of sale, not to include the cost of publication in a newspaper..................................................................................         2.00

For issuing each certificate of sale of property on execution, or order of sale, and for filing a duplicate thereof with the county recorder, which shall be collected from the party receiving the certificate................         2.00

One-half of the fee shall be paid to the county recorder.

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof......         5.00

 


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

ê1959 Statutes of Nevada, Page 750 (Chapter 435, AB 384)ê

 

For serving a writ of possession, or restitution, putting any person into possession entitled thereto...........................................................................       $5.00

For traveling in the service of any process, not hereinbefore mentioned, for each mile necessarily traveled, for going only, for each mile.....            .50

 

      2.  The sheriff of Mineral County shall also be allowed to charge and collect:

      (a) For commissions for receiving and paying over money on execution, or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on execution without levy, or where the lands or goods levied on shall not be sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

      (d) For all services in justices’ courts, the same fees as are allowed constables.

      3.  The sheriff shall also be allowed further compensation for his trouble and expense in taking possession of property under attachment, or execution, or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.

      4.  In service of subpena or venire, in criminal cases, the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      5.  The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, shall be collected from the defendants, by virtue of such execution, or order of sale, in the same manner as the same may be therein directed to be made.

      6.  All fees collected by the sheriff of Mineral County shall be paid into the county treasury on or before the [first] 5th day of [each] the month [.] next succeeding the month in which such fees are collected.

      Sec. 32.  NRS 248.280 is hereby amended to read as follows:

      248.280  1.  The sheriff of Ormsby County shall be entitled to fees as follows:

 

For serving a summons or complaint or any other process by which an action or proceeding is commenced, on every defendant..................       $2.00

For traveling in making such service, per mile, in going only (to be computed in all cases from the courthouse of the county), for the first 10 miles       ................................................................................................ .50

For each additional mile.................................................................            .40

 


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

ê1959 Statutes of Nevada, Page 751 (Chapter 435, AB 384)ê

 

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.

For taking bond or undertaking, in any case in which he is authorized to take the same............................................................................................       $1.50

For copy of any writ, process or other paper, when demanded or required by law, for each folio.............................................................................            .30

For serving a subpena, for each witness summoned.............................            .50

For serving every notice, rule or order.......................................................         1.00

For traveling, per mile, in serving such subpena or venire, in going only, for the first 10 miles...............................................................................            .50

For each additional mile.................................................................            .40

When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for delivery of personal property, together with traveling fees, as in cases of summons.................................         3.00

For serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereof created by law..............................................         5.00

For making and posting notices and advertising for sale on execution or under any judgment or order of sale, not to include the cost of publication in a newspaper...............................................................................         2.00

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof....         5.00

For serving a writ of possession or restitution, putting any person into possession entitled thereto...........................................................................         5.00

For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only, for the first 10 miles          ................................................................................................ .50

For each additional mile.................................................................            .40

For attending when required on any court, in person or by deputy, for each day, to be paid out of the county treasury....................................         5.00

For bringing up a prisoner on habeas corpus, to testify or answer to any court, or for examination as to the cause of his arrest and detention, or to give bail...............................................................................................         2.00

For holding each inquest or trial of right of property, when required, to include all services in the matter, except mileage...................................       10.00

For serving each subpena in criminal cases.............................................            .50

For summoning a grand jury of 24 persons............................................       15.00

For summoning each trial jury of 12 persons.........................................         6.00

For each additional juror................................................................            .50


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

ê1959 Statutes of Nevada, Page 752 (Chapter 435, AB 384)ê

 

      2.  The sheriff of Ormsby County shall also be allowed to charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first $500, 4 percent, not exceeding $1,000, but over $500, 2 percent, on all over $1,000 and not exceeding $1,500, and on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first $1,000, 1 percent, on all over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, the same mileage as in civil cases.

      (d) For all services in justices’ courts, the same fees as are allowed to constables.

      3.  The sheriff shall also be allowed such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process and of preserving the same as the court from which the writ or order may issue shall certify to be just and reasonable.

      4.  In serving subpenas or venires in criminal cases the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      5.  The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution shall be collected from the defendants by virtue of such execution in the same manner as the same may be therein directed to be made.

      6.  The sheriff shall collect and safely keep all fees, percentages and compensations of whatever kind or nature allowed him by law, for services rendered by him or his deputies, and he shall, on the [1st Monday] 5th day of [each] the month [,] next succeeding the month in which such fees, percentages and compensations are collected, pay the same to the county treasurer.

      7.  At the expiration of each month, the sheriff shall make out and file with the county treasurer a full and accurate statement, under oath, of all fees, percentages and compensations received in his official capacity during the month. He shall file a duplicate copy with the board of county commissioners, in which statement he shall set forth the causes in which and the services for which such compensations were received, and the board of county commissioners is prohibited from allowing the salary to the sheriff if he fails to comply with the provisions of this section.

      8.  The sheriff shall not perform any service except for the county or state until the fees prescribed by law are paid.

      Sec. 33.  NRS 248.290 is hereby amended to read as follows:

      248.290  1.  Except as provided in NRS 248.270 and 248.280, sheriffs in counties wherein the total vote at the last general election did not exceed 800, and sheriffs in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:


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

ê1959 Statutes of Nevada, Page 753 (Chapter 435, AB 384)ê

 

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on every defendant.........................................................       $2.00................................................................. $1.50

For traveling in making such service, per mile, in going only, to be computed in all cases from the courthouse of the county:

In counties polling 800 votes or less:

For the first 10 miles..........................................           .50 ........

For each additional mile...................................           .40 ........

In counties polling over 800 votes......................         ........   .15

If any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction from the courthouse, one mileage only shall be charged.

For taking bond or undertaking in any case in which he is authorized to take the same.........................         1.50 1.00

For copy of any writ, process or other paper, when demanded or required by law, for each folio......................           .30   .25

For serving every notice, rule or order.............................         1.00   .50

For serving a subpena, for each witness summoned...           .50   .25

For traveling per mile, in serving such subpena or venire, in going only:

In counties polling 800 votes or less:

For the first 10 miles..........................................           .50 ........

For each additional mile...................................           .40 ........

In counties polling over 800 votes......................         ........   .15

When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the more distant.

For serving an attachment on property or levying an execution, or executing an order of arrest, or order for delivery or personal property, with traveling fees as in cases of summons..........................................................         3.00 2.00

For serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereon created by law    .................................................................... 5.00        4.00

For making and posting notices, and advertising for sale, on execution or order, any judgment or order of sale, not to include the cost of publication in a newspaper           2.00.................................................................... 1.50


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

ê1959 Statutes of Nevada, Page 754 (Chapter 435, AB 384)ê

 

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof...............................       $5.00................................................................. $3.00

For serving a writ of possession or restitution, putting any person in possession entitled thereto.............................         5.00 3.00

For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only:

In counties polling 800 votes or less:

For the first 10 miles..........................................           .50 ........

For each additional mile...................................           .40 ........

In counties polling over 800 votes......................         ........   .15

For attending, when required, on any court of record, in person or by deputy, for each day, to be paid out of the county treasury.............................................................         5.00 4.00

For bringing up a prisoner on habeas corpus, to testify or answer to any court or for examination as to the cause of his arrest or detention, or to give bail............................         2.00 1.50

For holding each inquest or trial of right of property, when required, to include all services except mileage..........       10.00 7.50

For attending on the supreme court, either in person or by deputy, to be paid out of the state treasury as other claims, for each day...........................................................         8.00 6.00

For every arrest in a criminal proceeding.......................         3.00 2.00

For serving each subpena in criminal cases...................           .50   .40

For summoning a grand jury of 24 persons..................       15.00................................................................. 10.00

For summoning each trial jury:

In counties polling 800 votes or less:

For summoning each jury of 12 persons.......         6.00 ........

For each additional juror..................................           .50 ........

In counties polling over 800 votes, for summoning each trial juror...................................................................         ........   .30

 

      2.  Sheriffs in counties wherein the total vote at the last general election did not exceed 800 shall also be allowed to charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised, and sold, on the first $500, 4 percent; not exceeding $1,000, but over $500, 2 percent; on all over $1,000 and not exceeding $1,500, and on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first $1,000, 1 percent; on all over that sum, one-half of 1 percent.


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

ê1959 Statutes of Nevada, Page 755 (Chapter 435, AB 384)ê

 

sold, on the first $1,000, 1 percent; on all over that sum, one-half of 1 percent.

      3.  Sheriffs in counties wherein the total at the last general election exceeded 800 shall also be allowed to charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first $500, 3 percent; not exceeding $1,000, but over $500, 1.5 percent; and on all sums over $1,500, three-fourths of 1 percent.

      (b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, one-half of 1 percent.

      4.  Each sheriff shall also be allowed:

      (a) Such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.

      (b) For service of any process in criminal cases, the same mileage as in civil cases.

      (c) For all services in justices’ courts, the same fees as are allowed to constables.

      5.  In serving subpenas or venires in criminal cases, each sheriff shall receive mileage for the most distant only, when witnesses and jurors live in the same direction.

      6.  The fees herein allowed for the levy of an execution, for advertising, and for making and collecting money on an execution, shall be collected from the defendants by virtue of such execution, in the same manner as the same may be therein directed to be made.

      7.  Sheriffs shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 34.  NRS 251.060 is hereby amended to read as follows:

      251.060  1.  The county auditor of Ormsby County shall be entitled to the following fees:

 

For filing treasurer’s receipts and issuing licenses, to be paid by the party         ........................................................................................... $0.50

For all services rendered by him in discharge of the duties imposed on him by law, other than those specially enumerated, for each folio.......            .30

For filing and endorsing each paper..........................................................            .25

 

      2.  The county auditor of Ormsby County shall receive no fees for filing and endorsing the property schedule rendered him by the county assessor.

      3.  The county auditor shall collect and safely keep all fees and compensations of whatever nature or kind allowed him by law, for services rendered by him or his deputies in their official capacities, and he shall, on the [1st Monday] 5th day of [each] the month [,] next succeeding the month in which such fees and compensations are collected, pay the same to the county treasurer.

      4.  The county auditor shall, at the expiration of each month, make out and file with the county treasurer a full and accurate statement, under oath, of all fees and compensations received in his official capacity during the month.


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

ê1959 Statutes of Nevada, Page 756 (Chapter 435, AB 384)ê

 

out and file with the county treasurer a full and accurate statement, under oath, of all fees and compensations received in his official capacity during the month. He shall also file a duplicate copy with the board of county commissioners, in which statement he shall set forth the causes in which and the services for which such compensations were received. The board of county commissioners is prohibited from allowing the salary of the county auditor if he fails to comply with the provisions of this section.

      5.  The county auditor shall not perform any service except for the State of Nevada or Ormsby County until the fees prescribed by law are paid.

      Sec. 35.  NRS 251.070 is hereby amended to read as follows:

      251.070  1.  Except as provided in NRS 251.060, county auditors in counties wherein the total vote at the last general election did not exceed 800, and county auditors in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For filing treasurer’s receipts and issuing licenses, to be paid by the party..................................................................       $0.50................................................................. $0.25

For all services rendered by him in the discharge of the duties imposed on him by law, other than those specially enumerated, for each folio............................           .30   .20

For filing and endorsing each paper................................           .25   .20

 

      2.  County auditors shall receive no fees for filing and endorsing the property schedules rendered them by the county assessors.

      3.  County auditors shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 36.  NRS 252.140 is hereby amended to read as follows:

      252.140  The district attorney shall, on [the 1st Monday of February, May, August and November, in each year,] or before the 5th day of each month, file in the office of the county treasurer an account in writing, certified by oath, of all moneys received by him in his official capacity during the preceding [3 months,] month and shall, at the same time, pay such moneys to the county treasurer.

      Sec. 37.  NRS 258.130 is hereby amended to read as follows:

      258.130  1.  Constables of Elko, Eureka, Humboldt and Ormsby Counties shall be allowed the following fees for their services:

 

For serving summons or other process by which suit is commenced in civil cases ........................................................................................... $1.00

For summoning a jury before a justice of the peace.............................         2.00

For taking a bond or undertaking..............................................................         1.00

For serving an attachment against the property of a defendant.........         2.00

For serving subpenas, to each witness......................................................            .25

 


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

ê1959 Statutes of Nevada, Page 757 (Chapter 435, AB 384)ê

 

For summoning and swearing a jury to try the rights of property, and taking the verdict.........................................................................................       $2.00

For a copy of any writ, process or other paper, when demanded or required by law, per folio..............................................................................            .30

For drawing and executing every constable’s deed to be paid by the grantee, who shall also pay for the acknowledgment thereof..................         5.00

For each certificate of sale of real property under execution..............         1.00

For levying an execution or executing on order of arrest in civil cases, or order for the delivery of personal property, with traveling fees, as for summons......................................................................................................         2.00

For making and posting notices and advertising property for sale on execution, not to include the cost of publication in a newspaper........         2.00

For mileage in serving summons, attachments, executions, orders, venire, subpena or other process in civil cases, for each mile necessarily traveled, in going only...................................................................................            .50

But when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.

 

      2.  A constable shall also be allowed:

      (a) For receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the execution, attachment or order, upon the affidavit of the constable that such charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution, to be charged against the defendant in execution, 2 percent.

      (c) For services and travel in criminal cases, the same fees as are allowed sheriffs for like services.

      (d) For all other services, except for attending court, the same fees as are allowed sheriffs for similar services.

      3.  Constables shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 38.  NRS 258.140 is hereby amended to read as follows:

      258.140  1.  Constables of Mineral County shall be allowed the following fees for their services:

 

For serving summons or other process by which suit is commenced in civil cases ........................................................................................... $1.00

For summoning a jury before a justice of the peace.............................         2.00

For taking a bond or undertaking..............................................................         1.00

For serving an attachment against the property of a defendant.........         2.00

For serving subpenas, for each witness....................................................            .25

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio.........................................................            .20

For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof..................         5.00

 


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

ê1959 Statutes of Nevada, Page 758 (Chapter 435, AB 384)ê

 

For each certificate of sale of real property under execution..............       $1.00

For levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons  .............................................................................................. 2.00

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper........         2.00

For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only..............................................................            .50

But when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.

 

      2.  A constable shall also be allowed:

      (a) For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the writ or order, upon the affidavit of the constable that such charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution, to be charged against the defendant, 2 percent thereof.

      (c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

      3.  Deputy sheriffs acting as constables shall not be entitled to retain for their own use any fees collected by them, but the same shall be paid into the county treasury [.] on or before the 5th day of the month next succeeding the month in which the fees were collected.

      4.  Constables shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 39.  NRS 258.150 is hereby amended to read as follows:

      258.150  1.  All constables of the townships in Washoe County shall charge and collect the following fees:

 

For serving summons or other process by which suit is commenced in civil cases ........................................................................................... $1.00

For summoning a jury before a justice of the peace in civil cases......         1.00

For taking a bond or undertaking..............................................................         1.00

For serving attachment against the property of any defendant..........         1.00

For serving a subpena in civil actions.......................................................         1.00

But where more than one subpena is necessary in any one action the fees for such service shall not exceed $2 for each litigant.

For a copy of any writ, process or other paper when required by law            .50

But no more than 50 cents shall be charged for the service of a copy of affidavit and order under a rule of court.


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

ê1959 Statutes of Nevada, Page 759 (Chapter 435, AB 384)ê

 

For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof..................       $2.00

For each certificate of sale of real property, under execution.............         1.00

For levying an execution, or executing an order of arrest in civil cases, or order for the delivery of personal property...........................................         1.00

For making and posting notices of sale, on execution, not to include the cost of publication in newspapers, each............................................            .50

For mileage in serving any paper mentioned in this subsection, for each mile necessarily traveled, in going only.........................................            .50

But when two or more persons are to be served with the same paper in the same action, mileage shall only be charged for the most distant if they live in the same direction.

 

      2.  A constable shall also be allowed, for receiving and taking care of property on attachment, execution or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the attachment, execution or order upon affidavit of the constable that such charges are correct and the expenses necessarily incurred.

      3.  All fees shall be accounted for and paid over monthly, not later than the [10th] 5th day of the month next succeeding the month in which such fees are collected, by the constable to the county treasurer of Washoe County, unless the board of county commissioners of Washoe County shall direct otherwise.

      Sec. 40.  NRS 258.160 is hereby amended to read as follows:

      258.160  1.  Except as provided in NRS 258.130, 258.140 and 258.150, constables in counties wherein the total vote at the last general election did not exceed 800, and constables in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For serving summons or other process by which suit is commenced in civil cases.....................................................       $1.00................................................................. $0.75

For summoning a jury before a justice of the peace...         2.00 1.50

For taking a bond or undertaking....................................         1.00   .75

For serving an attachment against the property of a defendant         .................................................................... 2.00        1.50

For serving subpenas, for each witness..........................           .25   .20

For summoning and swearing a jury to try the rights of property, and taking the verdict....................................         2.00 1.50

For a copy of any writ, process, or other paper when demanded or required by law, per folio...............................           .30   .20

For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof...............................................................         5.00 3.00


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

ê1959 Statutes of Nevada, Page 760 (Chapter 435, AB 384)ê

 

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For each certificate of sale of real property under execution     ................................................................. $1.00      $0.75

For levying an execution or executing an order of arrest in civil cases, or order for the delivery of personal property with traveling fees, as for summons.....................         2.00 1.50

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper........................................................         2.00 1.50

 

      2.  All constables shall also be allowed, for receiving and taking care of property on attachment, execution or order, their actual necessary expenses, to be allowed by the justice of the peace who issued the attachment, execution or order, upon the affidavit of the constable that such charges are correct and the expenses necessarily incurred.

      3.  Constables in counties wherein the total vote cast at the last general election did not exceed 800 shall be allowed:

      (a) For collecting all sums on execution, to be charged against the defendant in execution, 2 percent.

      (b) For mileage in serving summons, attachment, execution, order, venire, subpena, or other process in civil cases, for each mile necessarily traveled, in going only, 50 cents for the first 10 miles, and for each additional mile, 40 cents; but when 2 or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.

      (c) For service and travel in criminal cases, the same fees as are allowed sheriffs for like services.

      (d) For all other services, except for attending court, the same fees as are allowed sheriffs for similar services.

      4.  Constables in counties wherein the total vote cast at the last general election exceeded 800 shall also be allowed:

      (a) For collecting all sums on execution, to be charged against the defendant in execution, 1.5 percent.

      (b) For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil cases, for each mile necessarily traveled, in going only, 40 cents; but when 2 or more persons are served in the same suit, mileage shall only be charged for the more distant, if they live in the same direction.

      (c) For service and travel in criminal cases, the same fees as are allowed sheriffs for similar services.

      5.  Constables shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 41.  NRS 364.160 is hereby amended to read as follows:

      354.160  1.  Accounts presented against a county must be sworn to by the claimant or someone in his behalf, before the county auditor or some other officer authorized by law to administer oaths.


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

ê1959 Statutes of Nevada, Page 761 (Chapter 435, AB 384)ê

 

by the claimant or someone in his behalf, before the county auditor or some other officer authorized by law to administer oaths.

      2.  At the request of the claimant, the county auditor shall issue a certificate and deliver the same to the claimant, showing the amount allowed and out of what fund payable. No more than one certificate shall be issued upon the same allowance unless the same is plainly marked or shown on the face thereof to be a duplicate certificate.

      3.  No fee shall be allowed or charged by the county auditor for any service provided in this section to be rendered by him, except as follows:

 

For swearing the claimant, when the demand exceeds $50.................       $0.50

For issuing the certificate, when the amount allowed exceeds $50....         1.00

 

      4.  A county clerk is authorized, when required, to administer to the claimant of any demand against the county the necessary oath and properly certify to the same without any fee or charge therefor.

      5.  County auditors shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 42.  NRS 362.170 is hereby amended to read as follows:

      362.170  On all moneys collected from the tax on the proceeds of mines by the several county assessors in this state, there shall be reserved and paid into the county treasury, on or before the 5th day of the month next succeeding the month in which the collections were made, for the benefit of the general fund of their respective counties, by the county assessors a percentage commission of 3 percent on the gross amount of collections from the tax on the proceeds of mines.

      Sec. 43.  NRS 363.140 is hereby amended to read as follows:

      363.140  1.  On [the 1st Monday in] or before the 5th day of each month, the county assessor shall:

      (a) Pay over to the county treasurer all moneys in his hands collected as poll taxes, and take duplicate receipts therefor.

      (b) Repair to the office of the county auditor and make oath before the county auditor of the total number of poll taxes collected by him during the last preceding month.

      (c) File with the county auditor the county treasurer’s receipt for the total amount of poll taxes collected.

      2.  The county auditor shall charge the county treasurer with the amount.

      Sec. 44.  NRS 364.050 is hereby amended to read as follows:

      364.050  1.  On [the 1st Monday in] or before the 5th day of each month, the sheriff shall:

      (a) Pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer duplicate receipts therefor; and

      (b) Immediately return to the county auditor all licenses not issued or disposed of by him.

      2.  The county auditor shall credit the sheriff with the amount so returned and the receipts of money paid to the county treasurer, which receipts shall be filed with the county auditor.


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

ê1959 Statutes of Nevada, Page 762 (Chapter 435, AB 384)ê

 

returned and the receipts of money paid to the county treasurer, which receipts shall be filed with the county auditor.

      3.  The county auditor shall charge the county treasurer with the moneys received from the sheriff, and shall open a new account with the sheriff for the next month.

      4.  The sheriff shall demand that all persons required to procure licenses in accordance with law take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.

      Sec. 45.  NRS 364.060 is hereby amended to read as follows:

      364.060  All moneys received from licenses under the provisions of chapter 244 of NRS shall be paid into the county treasury on or before the 5th day of the month next succeeding the month in which such moneys were received and credited to the county general fund.

      Sec. 46.  NRS 463.320 is hereby amended to read as follows:

      463.320  1.  All gaming license fees imposed by the provisions of NRS 463.370 to 463.390, inclusive, and all acts amendatory thereof or supplemental thereto shall be collected and disposed of as herein provided.

      2.  All state gaming license fees and penalties shall be collected by the Nevada tax commission and paid over immediately to the state treasurer to be disposed of as follows:

      (a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 shall be deposited for credit to the general fund.

      (b) All state gaming license fees imposed by the provisions of NRS 463.380 collected after April 2, 1957, shall, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers for deposit in the general funds of the counties. If any future action of the legislature results in an increase in the state gaming license fees provided for in NRS 463.380, then the provisions of this paragraph shall become inoperative and all such state gaming license fees shall be disposed of as provided in paragraph (a).

      3.  (a) County license fees shall be collected by the sheriff, and no license money paid to the sheriff shall be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.

      (b) The sheriff in his county shall demand that all persons required to procure county licenses in accordance with NRS 463.010 to 463.360, inclusive, take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.

      (c) On [the 1st Monday] or before the 5th day of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.

      (d) All moneys received for county gaming licenses under NRS 463.010 to 463.360, inclusive, shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:

 


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

ê1959 Statutes of Nevada, Page 763 (Chapter 435, AB 384)ê

 

463.010 to 463.360, inclusive, shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:

      (1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such remaining moneys, and the incorporated city or town shall receive 50 percent of such remaining moneys, which shall be paid into the general fund of such incorporated city or town.

      (2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.

 

________

 

 

CHAPTER 436, AB 240

Assembly Bill No. 240–Miss Herr

CHAPTER 436

AN ACT to amend NRS sections 6.090, 6.110 and 6.120, relating to drawing and summoning of trial jurors and grand jurors, by providing for mailing of summons to prospective jurors in lieu of personal service of summons by the sheriff; and to amend NRS sections 248.270, 248.280 and 248.290, relating to fees of sheriffs, by deleting provisions for payment of fees and mileage to sheriffs for summoning jurors.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 6.090 is hereby amended to read as follows:

      6.090  1.  To constitute a regular panel of trial jurors for the district court such number of names as the district judge may direct shall be drawn from the jury box. The district judge must make and file with the county clerk an order that a regular panel of trial jurors be drawn, and the number of jurors to be drawn must be named in the order. The drawing shall take place in the office of the county clerk, during regular office hours, in the presence of all persons who may choose to witness it. The panel shall be drawn by the district judge and clerk, or, if the district judge so directs, by any one of the county commissioners of the county and the clerk. If the district judge directs that the panel be drawn by one of the county commissioners of the county and the clerk, the district judge must make and file with the clerk an order designating the name of the county commissioner and fixing the number of names to be drawn as trial jurors and the time at which the persons whose names are drawn shall be required to attend in court.

      2.  The drawing shall be conducted as follows:

      (a) The number to be drawn having been previously determined by the district judge, the box containing the names of the jurors shall first be thoroughly shaken. It shall then be opened and the district judge and clerk, or one of the county commissioners of the county and the clerk, if the district judge has so ordered, shall alternately draw therefrom one ballot until of nonexempt jurors the number determined upon is obtained.


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

ê1959 Statutes of Nevada, Page 764 (Chapter 436, AB 240)ê

 

judge and clerk, or one of the county commissioners of the county and the clerk, if the district judge has so ordered, shall alternately draw therefrom one ballot until of nonexempt jurors the number determined upon is obtained.

      (b) If the officers drawing the jury deem that the attendance of any juror whose name is so drawn cannot be obtained conveniently and inexpensively to the county, by reason of the distance of his residence from the court or other cause, his name may, in the discretion of the officers, be returned to the box and in its place the name of another juror drawn whose attendance the officers may deem can be obtained conveniently and inexpensively to the county.

      (c) A list of the names so obtained shall be made out and certified by the officers drawing the jury, which list shall remain in the clerk’s office subject to inspection by any officer or attorney of the court, and the clerk shall immediately issue a venire.

      3.  [Any] Every person named in the venire [who resides elsewhere than at the place at which the court is held] shall be served by the sheriff mailing a summons to such person, commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the post office, addressed to such person at his usual post office address. The receipt of the person so addressed for the registered summons shall be regarded as personal service of the summons upon such person, and no mileage shall be allowed for service. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county. The sheriff shall make return of the venire at least the day before the day named for their appearance, after which the venire shall be subject to inspection by any officer or attorney of the court.

      Sec. 2.  NRS 6.110 is hereby amended to read as follows:

      6.110  1.  In any county wherein at the last preceding general election 1,000 or more votes were cast for the candidates for the office of representative in Congress of the United States, the district judge and any one of the county commissioners of the county, as often as the public interest may require, and at least once in each 4 years, shall select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) 24 persons who shall be summoned to appear as grand jurors at such time as the district judge may order. If the district judge deems it proper he may direct any one of the county commissioners of the county and the clerk to select grand jurors, and the county commissioner and the clerk, if the district judge so directs, shall select from the qualified jurors 24 persons as grand jurors. If the district judge directs the grand jurors to be selected by one of the county commissioners and the clerk, the district judge must make and file with the clerk an order designating the name of the county commissioner, and district judge shall fix the time in the order when the grand jurors shall be required to appear. If from any cause such county commissioner and clerk shall fail to select the grand jurors, the district judge and any one of the county commissioners may, at any time, select the same. A list of the names so selected as grand jurors shall be made out and certified by the officers making the selection and shall be filed in the clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the district judge may have directed.


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

ê1959 Statutes of Nevada, Page 765 (Chapter 436, AB 240)ê

 

office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the district judge may have directed.

      2.  The sheriff shall summon such grand jurors, and out of the number so summoned the court shall select 17 persons to constitute the grand jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury, shall be selected from the qualified jurors by the district judge and the clerk summoned to appear in court at such time as the court may direct.

      3.  [Any] Every person named in the venire [who resides elsewhere than at the place at which the court is held] shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the post office addressed to the person at his usual post office address. The receipt of the person so addressed for the registered summons shall be regarded as personal service of the summons upon such person and no mileage shall be allowed for service. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county.

      Sec. 3.  NRS 6.120 is hereby amended to read as follows:

      6.120  1.  In any county wherein there were cast at the last preceding general election not more than 999 votes for Congressman, the board of county commissioners of the county, as often as the public interest may require, shall select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) 24 persons who shall be summoned to appear as grand jurors at such times as the district judge may order. The requirement of subsection 1 of NRS 6.110 that a grand jury must be called at least once in every 4 years shall not apply to such county unless the district judge otherwise directs. A list of the names so selected as grand jurors shall be made out and certified by the officers making the selection and shall be filed in the county clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the district judge may have directed.

      2.  The sheriff shall summon such grand jurors, and out of the number so summoned the court shall select 17 persons to constitute the grand jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury, shall be selected from the qualified jurors by the district judge and the clerk and summoned to appear in court at such time as the court may direct.

      3.  [Any] Every person named in the venire [who resides elsewhere than at the place at which the court is held] shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the post office addressed to the person at his usual post office address. The receipt of the person so addressed for the registered summons shall be regarded as personal service of the summons upon such person and no mileage shall be allowed for service.


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

ê1959 Statutes of Nevada, Page 766 (Chapter 436, AB 240)ê

 

so addressed for the registered summons shall be regarded as personal service of the summons upon such person and no mileage shall be allowed for service. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county.

      Sec. 4.  NRS 248.270 is hereby amended to read as follows:

      248.270  1.  The sheriff of Mineral County shall be allowed to charge and collect the following fees:

 

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except a writ of habeas corpus, on every defendant...................................................................................       $2.00

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile.......            .50

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.

For taking bond or undertaking in any case in which he is authorized to take the same............................................................................................         1.50

For copy of any writ, process or other paper, when demanded or required by law, for each folio.............................................................................            .30

For serving every notice, rule or order.......................................................         1.00

For serving subpena, for each witness summoned.................................            .50

For traveling, per mile in serving subpenas, [or a venire,] in going only, for each mile..............................................................................................            .50

When two or more witnesses [or jurors] live in the same direction, traveling fees shall be charged only for the most distance.

For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, together with traveling fees, as in cases of summons........................         3.00

For making and posting notices, and advertising for sale, on execution, or any judgment, or order of sale, not to include the cost of publication in a newspaper..................................................................................         2.00

For issuing each certificate of sale of property on execution, or order of sale, and for filing a duplicate thereof with the county recorder, which shall be collected from the party receiving the certificate................         2.00

One-half of the fee shall be paid to the county recorder.

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof......         5.00

For serving a writ of possession, or restitution, putting any person into possession entitled thereto...........................................................................         5.00

For traveling in the service of any process, not hereinbefore mentioned, for each mile necessarily traveled, for going only, for each mile.....            .50

 

      2.  The sheriff of Mineral County shall also be allowed to charge and collect:


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

ê1959 Statutes of Nevada, Page 767 (Chapter 436, AB 240)ê

 

      (a) For commissions for receiving and paying over money on execution, or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on execution without levy, or where the lands or goods levied on shall not be sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

      (d) For all services in justices’ courts, the same fees as are allowed constables.

      3.  The sheriff shall also be allowed further compensation for his trouble and expense in taking possession of property under attachment, or execution, or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.

      4.  In service of subpena [or venire,] in criminal cases, the sheriff shall receive mileage for the most distant only, where witnesses [and jurors] live in the same direction.

      5.  The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, shall be collected from the defendants, by virtue of such execution, or order of sale, in the same manner as the same may be therein directed to be made.

      6.  All fees collected by the sheriff of Mineral County shall be paid into the county treasury on or before the 5th day of the month next succeeding the month in which such fees are collected.

      Sec. 5.  NRS 248.280 is hereby amended to read as follows:

      248.280  1.  The sheriff of Ormsby County shall be entitled to fees as follows:

 

For serving a summons or complaint or any other process by which an action or proceeding is commenced, on every defendant..................       $2.00

For traveling in making such service, per mile, in going only (to be computed in all cases from the courthouse of the county), for the first 10 miles       ................................................................................................ .50

For each additional mile.................................................................            .40

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.

For taking bond or undertaking, in any case in which he is authorized to take the same............................................................................................         1.50

For a copy of any writ, process or other paper, when demanded or required by law, for each folio.....................................................................            .30

For serving a subpena, for each witness summoned.............................            .50

For serving every notice, rule or order.......................................................         1.00

For traveling, per mile, in serving such subpena, [or venire,] in going only, for the first 10 miles...............................................................................            .50

 


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

ê1959 Statutes of Nevada, Page 768 (Chapter 436, AB 240)ê

 

For each additional mile.................................................................       $0.40

When two or more witnesses [or jurors] live in the same direction, traveling fees shall be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for delivery of personal property, together with traveling fees, as in cases of summons.................................         3.00

For serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereof created by law..............................................         5.00

For making and posting notices and advertising for sale on execution or under any judgment or order of sale, not to include the cost of publication in a newspaper...............................................................................         2.00

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof....         5.00

For serving a writ of possession or restitution, putting any person into possession entitled thereto...........................................................................         5.00

For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only, for the first 10 miles          ................................................................................................ .50

For each additional mile.................................................................            .40

For attending when required on any court, in person or by deputy, for each day, to be paid out of the county treasury....................................         5.00

For bringing up a prisoner on habeas corpus, to testify or answer to any court, or for examination as to the cause of his arrest and detention, or to give bail...............................................................................................         2.00

For holding each inquest or trial of right of property, when required, to include all services in the matter, except mileage...................................       10.00

For serving each subpena in criminal cases.............................................            .50

[For summoning a grand jury of 24 persons...........................................       15.00

For summoning each trial jury of 12 persons.........................................         6.00

For each additional juror................................................................          .50]

 

      2.  The sheriff of Ormsby County shall also be allowed to charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first $500, 4 percent, not exceeding $1,000, but over $500, 2 percent, on all over $1,000 and not exceeding $1,500, and on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first $1,000, 1 percent, on all over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, the same mileage as in civil cases.


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

ê1959 Statutes of Nevada, Page 769 (Chapter 436, AB 240)ê

 

      (d) For all services in justices’ courts, the same fees as are allowed to constables.

      3.  The sheriff shall also be allowed such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process and of preserving the same as the court from which the writ or order may issue shall certify to be just and reasonable.

      4.  In serving subpenas [or venires] in criminal cases the sheriff shall receive mileage for the most distant only, where witnesses [and jurors] live in the same direction.

      5.  The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution shall be collected from the defendants by virtue of such execution in the same manner as the same may be therein directed to be made.

      6.  The sheriff shall collect and safely keep all fees, percentages and compensations of whatever kind or nature allowed him by law, for services rendered by him or his deputies, and he shall, on the 5th day of the month next succeeding the month in which such fees, percentages and compensations are collected, pay the same to the county treasurer.

      7.  At the expiration of each month, the sheriff shall make out and file with the county treasurer a full and accurate statement, under oath, of all fees, percentages and compensations received in his official capacity during the month. He shall file a duplicate copy with the board of county commissioners, in which statement he shall set forth the causes in which and the services for which such compensations were received, and the board of county commissioners is prohibited from allowing the salary to the sheriff if he fails to comply with the provisions of this section.

      8.  The sheriff shall not perform any service except for the county or state until the fees prescribed by law are paid.

      Sec. 6.  NRS 248.290 is hereby amended to read as follows:

      248.290  1.  Except as provided in section 1 of this amendatory act and NRS 248.270 and 248.280, sheriffs in counties wherein the total vote at the last general election did not exceed 800, and sheriffs in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on every defendant.........................................................       $2.00................................................................. $1.50

For traveling in making such service, per mile, in going only, to be computed in all cases from the courthouse of the county:

In counties polling 800 votes or less:

For the first 10 miles..........................................           .50 ........

For each additional mile...................................           .40 ........


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

ê1959 Statutes of Nevada, Page 770 (Chapter 436, AB 240)ê

 

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

In counties polling over 800 votes......................         ......................................................................... $0.15

If any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction from the courthouse, one mileage only shall be charged.

For taking bond or undertaking in any case in which he is authorized to take the same.........................       $1.50 1.00

For copy of any writ, process or other paper, when demanded or required by law, for each folio......................           .30   .25

For serving every notice, rule or order.............................         1.00   .50

For serving a subpena, for each witness summoned...           .50   .25

For traveling per mile, in serving such subpena, [or venire,] in going only:

In counties polling 800 votes or less:

For the first 10 miles..........................................           .50 ........

For each additional mile...................................           .40 ........

In counties polling over 800 votes......................         ........   .15

When two or more witnesses [or jurors] live in the same direction, traveling fees shall be charged only for the most distant.

For serving an attachment on property or levying an execution, or executing an order of arrest, or order for delivery or personal property, with traveling fees as in cases of summons..........................................................         3.00 2.00

For serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereon created by law    .................................................................... 5.00        4.00

For making and posting notices, and advertising for sale, on execution or order, any judgment or order of sale, not to include the cost of publication in a newspaper           2.00.................................................................... 1.50

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof...............................         5.00 3.00

For serving a writ of possession or restitution, putting any person in possession entitled thereto.............................         5.00 3.00

For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only:

In counties polling 800 votes or less:

For the first 10 miles..........................................           .50 ........

For each additional mile...................................           .40 ........


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

ê1959 Statutes of Nevada, Page 771 (Chapter 436, AB 240)ê

 

                                                                                                     Counties            Counties

                                                                                                       polling               polling

                                                                                                    800 votes           over 800

                                                                                                       or less                 votes

In counties polling over 800 votes......................         ......................................................................... $0.15

For attending, when required, on any court of record, in person or by deputy, for each day, to be paid out of the county treasury.............................................................       $5.00 4.00

For bringing up a prisoner on habeas corpus, to testify or answer to any court or for examination as to the cause of his arrest or detention, or to give bail............................         2.00 1.50

For holding each inquest or trial of right of property, when required, to include all services except mileage..........       10.00 7.50

For attending on the supreme court, either in person or by deputy, to be paid out of the state treasury as other claims, for each day...........................................................         8.00 6.00

For every arrest in a criminal proceeding.......................         3.00 2.00

For serving each subpena in criminal cases...................           .50   .40

[For summoning a grand jury of 24 persons.................       15.00................................................................. 10.00

For summoning each trial jury:

In counties polling 800 votes or less:

For summoning each jury of 12 persons.......         6.00 ........

For each additional juror..................................           .50 ........

In counties polling over 800 votes, for summoning each trial juror...................................................................         ........  .30]

 

      2.  Sheriffs in counties wherein the total vote at the last general election did not exceed 800 shall also be allowed to charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised, and sold, on the first $500, 4 percent; not exceeding $1,000, but over $500, 2 percent; on all over $1,000 and not exceeding $1,500, and on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first $1,000, 1 percent; on all over that sum, one-half of 1 percent.

      3.  Sheriffs in counties wherein the total vote at the last general election exceeded 800 shall also be allowed to charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first $500, 3 percent; not exceeding $1,000, but over $500, 1.5 percent; and on all sums over $1,500, three-fourths of 1 percent.

      (b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, one-half of 1 percent.

      4.  Each sheriff shall also be allowed:

      (a) Such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.


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

ê1959 Statutes of Nevada, Page 772 (Chapter 436, AB 240)ê

 

possession of property under attachment or execution or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.

      (b) For service of any process in criminal cases, the same mileage as in civil cases.

      (c) For all services in justices’ courts, the same fees as are allowed to constables.

      5.  In serving subpenas [or venires] in criminal cases, each sheriff shall receive mileage for the most distant only, when witnesses [and jurors] live in the same direction.

      6.  The fees herein allowed for the levy of an execution, for advertising, and for making and collecting money on an execution, shall be collected from the defendants by virtue of such execution, in the same manner as the same may be therein directed to be made.

      7.  Sheriffs shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 7.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 437, AB 107

Assembly Bill No. 107–Mr. Humphrey (Washoe)

CHAPTER 437

AN ACT to amend NRS section 244.380, relating to tax levy for promotion of county resources and advantages, by authorizing boards of county commissioners to contract for such advertising and promotion and to pay over moneys derived from such tax levy pursuant to such contracts; by lowering the amount of the tax which may be levied in counties in which there were cast for Representative in Congress at the last preceding general election 6,221 or more votes; and providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 244.380 is hereby amended to read as follows:

      244.380  1.  Annually, the boards of county commissioners of the several counties may include in their respective county budgets items to cover the expense of exploiting, promoting and publishing to home-seekers and the public at large, by any means in their judgment calculated to accomplish this purpose, the agricultural, mining and other resources, progress and advantages of their respective counties.

      2.  Such expenditures as may by the board of county commissioners be decided upon shall be met by including the same in the annual tax levy of and for that county; provided:

      (a) That the tax levy shall not in any 1 year exceed 3 cents on each $100 of the assessed valuation of the property in that county.

      (b) That in counties in which there were cast for Representative in Congress, at the last preceding general election, [in 1936,] 6,221 or more votes, the county commissioners of such counties may levy a tax of [8] 2 cents on each $100 of the assessed valuation of property in that county.


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

ê1959 Statutes of Nevada, Page 773 (Chapter 437, AB 107)ê

 

      (c) That pending the accumulation and setting aside of the fund for the purposes authorized by this section, the boards of county commissioners are authorized and empowered to pledge their respective counties for those purposes to an amount not exceeding the sum to be raised as in this section provided, and to be paid out of the fund raised and set aside therefor as herein authorized.

      3.  The boards of county commissioners may enter into contracts with any person, group, corporation, agency or commission to carry out the purposes of this section and are authorized to pay over to any such person, group, corporation, agency or commission, pursuant to such contracts, any moneys derived from the tax levy provided for in subsection 2.

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

 

________

 

 

CHAPTER 438, AB 493

Assembly Bill No. 493–Committee on Ways and Means

CHAPTER 438

AN ACT appropriating $527,697 from the general fund in the state treasury to the University of Nevada for the purchase of equipment, furniture, furnishings and fixtures for various branches, colleges, departments, schools, bureaus, divisions and other components of the University of Nevada.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury the sum of $527,697 to the University of Nevada for the purchase of equipment, furniture, furnishings and fixtures for the various branches, colleges, departments, schools, bureaus, divisions and other components thereof in the amounts designated in section 2.

      Sec. 2.  The moneys appropriated by section 1 are hereby allocated and shall be used only for the purchase of equipment, furniture, furnishings and fixtures for the various components of the University of Nevada and in the amounts hereinafter set forth:

 

Administration...............................................................................       $4,784

Student affairs...............................................................................         1,095

Academic vice president..............................................................       41,481

General expense.............................................................................         5,193

Buildings and grounds..................................................................         4,400

Arts and science.............................................................................       83,164

Business administration...............................................................       23,282

Education........................................................................................         2,405

Engineering.....................................................................................    111,120

School of mines.............................................................................       21,080

Bureau of mines............................................................................         9,503

State analytical laboratory..........................................................       10,280

Graduate school.............................................................................            320

School of nursing...........................................................................            915

Library.............................................................................................    115,130


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

ê1959 Statutes of Nevada, Page 774 (Chapter 438, AB 493)ê

 

Nevada Southern...........................................................................    $52,494

Agriculture-resident instruction...................................................       23,368

Soils and water laboratory...........................................................            600

Agricultural experiment station...................................................         7,743

Extension division.........................................................................         9,340

      Sec. 3.  This act shall become effective July 1, 1959.

 

________

 

 

CHAPTER 439, AB 496

Assembly Bill No. 496–Mineral County Delegation

CHAPTER 439

AN ACT fixing the compensation of the county officers of Mineral County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; providing for travel expenses; repealing certain acts in conflict herewith; and providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  The following named officers of Mineral County, Nevada, shall receive in full payment, for all services rendered by them, the following salaries to be fixed by the board of county commissioners within the minimum and maximum amounts as follows:

      1.  The sheriff shall receive a salary of not less than $5,400 nor more than $6,000 per annum. The sheriff may appoint one undersheriff who shall receive a salary of not to exceed $5,100 per annum.

      2.  The county recorder and ex officio auditor shall receive a salary of not less than $5,400 nor more than $6,000 per annum. The recorder and ex officio auditor may appoint a deputy who shall receive a salary of not to exceed $4,500 per annum.

      3.  The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners shall receive a salary of not less than $5,400 nor more than $6,000 per annum. The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners may appoint a chief deputy who shall receive a salary of not to exceed $4,500 per annum.

      4.  The county assessor shall receive a salary of not less than $5,400 nor more than $6,000 per annum. The county assessor may appoint a deputy who shall receive a salary of not to exceed $4,500 per annum.

      5.  The district attorney shall receive a salary of not less than $4,800 nor more than $5,400 per annum.

      Sec. 2.  Each county commissioner of Mineral County, Nevada, shall receive a salary of $2,400 per annum.

      Sec. 3.  Each of the county officers designated in section 1 may, with the consent of the board of county commissioners, employ and fix the salaries of such other deputies and other assistants as are deemed necessary for the proper discharge of the duties required of such officer.


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

ê1959 Statutes of Nevada, Page 775 (Chapter 439, AB 496)ê

 

      Sec. 4.  The board of county commissioners is authorized and directed to allow county officers their travel expenses, when traveling on necessary county business, at the same rate as is allowed by the provisions of NRS 245.060.

      Sec. 5.  1.  Chapter 337, Statutes of Nevada 1955, at page 561, entitled “An Act fixing the compensation of certain officers of Mineral County, Nevada; fixing the number of deputies and other employees; providing for travel expenses; repealing certain acts in conflict herewith, and other matters properly relating thereto,” approved March 28, 1955, as amended, is hereby repealed.

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

      Sec. 6.  This act shall become effective on July 1, 1959.

 

________

 

 

CHAPTER 440, AB 497

Assembly Bill No. 497–Clark County Delegation

CHAPTER 440

AN ACT providing that Assemblywoman Maude Frazier be paid the sum of $210 as per diem allowance for 14 days during which she was hospitalized at Las Vegas, Nevada, from March 6 to March 19, inclusive.

 

[Approved April 6, 1959]

 

      Whereas, Assemblywoman Maude Frazier suffered a hip injury in Las Vegas, Nevada, on March 6, 1959, while engaged in legislative business and remains hospitalized as a result of such hip injury, it is just that she be paid a per diem allowance of $15 per day for 14 days from March 6 through March 19; now, therefore

 

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

do enact as follows:

 

      Section 1.  There shall be paid from the 1959 legislative fund, in the same manner as other claims against such funds are paid, the sum of $210 to Assemblywoman Maude Frazier as a per diem allowance of $15 per day for each of the 14 days from March 6 through March 19, that she was hospitalized as a result of the hip injury which she suffered on March 6, 1959.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 776ê

 

CHAPTER 441, SB 297

Senate Bill No. 297–Senators McGowan, Gallagher and Seevers

CHAPTER 441

AN ACT appropriating the sum of $150,000 to the state public hospital construction assistance fund.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  For the purpose of providing moneys in the state public hospital construction assistance fund, created pursuant to the provisions of NRS 449.400, there is hereby appropriated from the general fund in the state treasury the sum of $150,000 to the state public hospital construction assistance fund. The state controller is hereby authorized and directed forthwith to transfer such sum from the general fund to the state public hospital construction assistance fund.

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

 

________

 

 

CHAPTER 442, SB 323

Senate Bill No. 323–Senators Slattery and Echeverria

CHAPTER 442

AN ACT to amend chapter 207 of NRS, relating to miscellaneous crimes, by providing that pharmacists may not share or offer to share money received from customers for filling prescriptions with the persons writing such prescriptions; by prohibiting persons authorized to write prescriptions from accepting any share of such money; by providing penalties; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  Chapter 207 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  No pharmacist may share or offer to share the money received from a customer for filling a prescription with the physician or other person who wrote the prescription, and no person writing any such prescription may accept any share of such money.

      2.  Any person violating the provisions of subsection 1 is guilty of a misdemeanor.

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

 

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ê1959 Statutes of Nevada, Page 777ê

 

CHAPTER 443, SB 336

Senate Bill No. 336–Senator Black

CHAPTER 443

AN ACT providing an additional and supplemental appropriation for the payment of traveling expenses of certain district judges.

 

[Approved April 6, 1959]

 

      Whereas, By the provisions of section 57 of chapter 391, Statutes of Nevada 1957, there was appropriated the sum of $47,500 for the payment of traveling expenses of the district judges to be apportioned by the state board of examiners for the 2 fiscal years beginning July 1, 1957, and ending June 30, 1959; and

      Whereas, Insufficient moneys for such purposes were appropriated resulting in a deficiency, and there is now due and owing district judge Merwyn H. Brown the sum of $211.85 and district judge Peter Breen the sum of $42.65; now, therefore,

 

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

do enact as follows:

 

      Section 1.  For the biennium ending June 30, 1959, there is hereby appropriated from the general fund in the state treasury the sum of $254.50 as an additional and supplemental appropriation to that allowed and made by section 57 of chapter 391, Statutes of Nevada 1957.

      Sec. 2.  After the filing and approval of claims therefor in the manner provided by law, the state controller is directed to draw his warrants therefor as follows:

Merwyn H. Brown.........................................................................    $211.85

Peter Breen......................................................................................         42.65

      The state treasurer is hereby directed to pay such warrants.

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

 

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CHAPTER 444, SB 340

Senate Bill No. 340–Committee on State and County Affairs

CHAPTER 444

AN ACT to amend NRS section 244.305, relating to acquisition of land for park, recreational and memorial purposes by counties having more than 10,000 population, to permit such acquisitions by counties having a population of 5,000 or more.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 244.305 is hereby amended to read as follows:

      244.305  1.  The boards of county commissioners of the several counties having [more than 10,000] a population of 5,000 or more may acquire by purchase, contracts of purchase, which may or may not extend beyond their respective terms of office, gift, or in any other manner, parcels of land for park, recreational and memorial purposes.


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ê1959 Statutes of Nevada, Page 778 (Chapter 444, SB 340)ê

 

      2.  For the purpose of acquiring such parcels of land the boards of county commissioners may use any unexpended moneys remaining in any county fund, except bond interest and redemption funds and fish and game funds. The boards may, in addition thereto, fix a yearly rate as a part of the county budget for the purpose of paying for the lands and the expense incidental to acquiring the same.

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

 

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CHAPTER 445, SB 341

Senate Bill No. 341–Senator Echeverria

CHAPTER 445

AN ACT to amend NRS section 125.120, relating to the power of a court to grant a divorce to the party least at fault, by clarifying the applicability of the section.

 

[Approved April 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 125.120 is hereby amended to read as follows:

      125.120  In any action for divorce when it shall appear to the court that both husband and wife have been guilty of a wrong or wrongs which may constitute grounds for a divorce, the court shall not for this reason deny a divorce, but in its discretion may grant a divorce to the party least in fault, if both parties seek a divorce, otherwise to the party seeking the divorce [.] , even if such party be the party most at fault.

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

 

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CHAPTER 446, SB 349

Senate Bill No. 349–Joint Committee on Finance and Education and State University and Senators Whitacre and Brown

CHAPTER 446

AN ACT creating the emergency state distributive school fund in the state treasury; appropriating the sum of $2,229,600 from the general fund in the state treasury to the emergency state distributive school fund; providing the methods for apportioning the emergency state distributive school fund among the several county school districts of the state and providing the times for payments thereof; providing for the deposit and use of such moneys by county school districts; and by providing other matters properly relating thereto.

 

[Approved April 6, 1959]

 

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