[Rev. 8/25/2020 1:05:28 PM]
κ1907 Statutes of Nevada, Page 17κ
LAWS OF THE STATE OF NEVADA
PASSED AT THE
TWENTY-THIRD SESSION OF THE LEGISLATURE
1907
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Chapter I.An Act to create a Legislative Fund.
[Approved January 24, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the mileage and per diem of members of the present Legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the State Treasurer is hereby authorized and required to set apart from any moneys now in the General Fund, not otherwise specially appropriated, the sum of forty-five thousand ($45,000) dollars, which shall constitute the Legislative Fund. Sec. 2. The State Controller is hereby authorized and required to draw his warrant on said fund, in favor of the members and attaches of the Senate and Assembly, for per diem, mileage, stationery allowances, compensation and incidental expenses of the respective houses, when properly certified to him, in accordance with law, and the State Treasurer is hereby authorized and required to pay the same. Sec. 3. All moneys remaining in said fund, at the adjournment of the Legislature, shall revert to the General Fund. |
State Treasurer required to set apart money.
Controller authorized to draw warrant. |
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Chap. IIAn Act to authorize the School Trustees of Reno School District No. 10 in Washoe County to issue bonds for school purposes.
[Approved January 25, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purposes of purchasing necessary sites and the construction of new school buildings thereon, and furnishing and equipping the same, and for the further purposes of constructing new school buildings on real estate already owned, and of furnishing and equipping the same, and for the further purposes of making the necessary repairs and additions to the school buildings now owned, and for the further purpose of liquidating the indebtedness existing on July 1, 1907, to the amount of ten thousand dollars ($10,000), the Board of School Trustees of Reno School District No.10, Washoe County, Nevada, are hereby authorized, under the provisions of this Act, to issue bonds, bearing interest not exceeding five (5) per cent per annum, for a sum not exceeding one hundred thousand dollars ($100,000), lawful money of the United States, which bonds shall not run for a period longer than fifty (50) years from the date thereof. |
Bonds for various school purposes. |
κ1907 Statutes of Nevada, Page 18 (CHAPTER 2)κ
Bonds for various school purposes.
Denomination.
When payable.
How signed.
Reno School Building Fund.
Payment of bonds and interest provided for. |
and for the further purposes of making the necessary repairs and additions to the school buildings now owned, and for the further purpose of liquidating the indebtedness existing on July 1, 1907, to the amount of ten thousand dollars ($10,000), the Board of School Trustees of Reno School District No.10, Washoe County, Nevada, are hereby authorized, under the provisions of this Act, to issue bonds, bearing interest not exceeding five (5) per cent per annum, for a sum not exceeding one hundred thousand dollars ($100,000), lawful money of the United States, which bonds shall not run for a period longer than fifty (50) years from the date thereof. Sec. 2. Said bonds shall be issued for sums not less than two thousand dollars ($2,000) each, and the interest thereof shall be payable semi-annually, the coupons for said payments of interest being attached to each of said bonds. Sec. 3. The principal of said bonds shall be made payable as follows; Two thousand dollars ($2,000) of said bonds shall be made payable January 1, 1908, and the remainder shall be made payable in annual payments thereafter of two thousand dollars ($2,000) each. Sec. 4. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees, and countersigned by the Treasurer of said Washoe County. Sec. 5. All moneys received from the sales of said bonds shall be paid into the county treasury, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the Reno School Building Fund, and to pay out said money only on warrants properly authenticated by the County Auditor, upon bills duly allowed by the Board of School Trustees and approved by the County Superintendent. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto. Sec. 6. For the purpose of providing for the payment of the bonds hereby authorized to be issued, the Board of County Commissioners of Washoe County are hereby authorized and required, at the time of the annual levy of taxes for State and county purposes for the year 1907, and annually thereafter, to levy upon all taxable property of said Reno School District No. 10 an amount upon each one hundred dollars valuation of said property sufficient to pay the interest and principal of the bonds issued under the provisions of this Act, which will become due during the next ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury, and set apart to a fund to be known as the Reno School District Redemption Fund No.4, and the money in said fund shall be paid out by the County Treasurer in payment of interest on the bonds aforesaid as the same become due, upon presentation of coupons therefor, and the payment of the principal upon the presentation and surrender of said bonds when they become due. |
κ1907 Statutes of Nevada, Page 19 (CHAPTER 2)κ
same become due, upon presentation of coupons therefor, and the payment of the principal upon the presentation and surrender of said bonds when they become due. Sec. 7. All bonds issued under the provisions of this Act shall be and be made payable at the office of the County Treasurer of Washoe County, Nevada, as the same become due, and interest on such bonds shall cease as the same mature. |
Where payable. |
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Chap. IIIAn Act to amend an Act entitled An Act to fix the number of officers and attaches of the Legislature of the State of Nevada, and to define their duties and specify their pay. approved March 2, 1891.
[Approved January 29, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section 1. The officers and attaches of the Senate shall consist of one Secretary, one Assistant Secretary, one Sergeant-at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Assistant Minute Clerk, one Journal Clerk, one Assistant Journal Clerk, one Engrossing Clerk, one Assistant Engrossing Clerk, one Enrolling Clerk, one Assistant Enrolling Clerk, one Copying Clerk, four Committee Clerks, one Messenger, two Pages, and one Porter. Sec. 2. Section two of the Act of which this Act is amendatory is hereby amended to read as follows: Section 2. The officers and attaches of the Assembly shall consist of one Chief Clerk, one Assistant Clerk, one Sergeant-at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Assistant Minute Clerk, one Journal Clerk, one Assistant Journal Clerk, one Engrossing Clerk, one Assistant Engrossing Clerk, one Enrolling Clerk, one Assistant Enrolling Clerk, one Copying Clerk, three Committee Clerks, one Messenger, two Pages, and one Porter. Sec. 3. Section three of the Act of which this Act is amendatory is hereby amended to read as follows: Section 3. There shall be paid to the several officers and attaches named in this Act, for all the services rendered by them under the provisions of this Act the following sums of money, and no more; Secretary of Senate and Chief Clerk of the Assembly shall each receive seven dollars per day; the Assistant Secretary of the Senate and the Assistant Clerk of the Assembly shall each receive six dollars per day; the Minute Clerk, the Assistant Minute Clerk, the Journal Clerk, the Assistant Journal Clerk, the Engrossing Clerk, the Assistant Engrossing Clerk, shall each receive six dollars per day, and the Enrolling Clerk and the Assistant Enrolling Clerk of the Senate and of the Assembly shall each receive five dollars per day; the Sergeant-at-Arms and the Assistant Sergeant-at-Arms of the Senate and of the Assembly shall each receive six dollars per day; the Copying Clerk of the Senate and of the Assembly shall each receive five dollars per day; the Committee Clerks of the Senate and of the Assembly shall each receive five dollars per day; the Messenger of the Senate and of the Assembly shall each receive four dollars per day; the Pages of the Senate and of the Assembly shall each receive two dollars per day; the Porter of the Senate and of the Assembly shall each receive three dollars per day; provided, however, that in case either the Senate or the Assembly shall organize or act with a less number of attaches than herein provided, such organization or action shall be legal; and provided further, that either the Senate or the Assembly may, by resolution, increase or diminish the number of its attaches at any time during the session, within the limits hereinbefore provided. |
Attaches of the Senate.
Of the Assembly.
Salaries of attaches. |
κ1907 Statutes of Nevada, Page 20 (CHAPTER 3)κ
Salaries of attaches.
Repeal |
the Senate and of the Assembly shall each receive five dollars per day; the Sergeant-at-Arms and the Assistant Sergeant-at-Arms of the Senate and of the Assembly shall each receive six dollars per day; the Copying Clerk of the Senate and of the Assembly shall each receive five dollars per day; the Committee Clerks of the Senate and of the Assembly shall each receive five dollars per day; the Messenger of the Senate and of the Assembly shall each receive four dollars per day; the Pages of the Senate and of the Assembly shall each receive two dollars per day; the Porter of the Senate and of the Assembly shall each receive three dollars per day; provided, however, that in case either the Senate or the Assembly shall organize or act with a less number of attaches than herein provided, such organization or action shall be legal; and provided further, that either the Senate or the Assembly may, by resolution, increase or diminish the number of its attaches at any time during the session, within the limits hereinbefore provided. Sec. 4. All Acts and parts of Acts in conflict herewith are hereby repealed. |
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Goldfield to be county seat of Esmeralda County.
Officers to move offices.
Power to sell immovable property.
Office room to be provided. |
Chap. IV.An Act to remove the county seat of Esmeralda County from the Town of Hawthorne to the Town of Goldfield.
[Approved February 4, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first day of May, in the year of our Lord one thousand nine hundred and seven, the county seat of Esmeralda County shall be located at the Town Esmeralda of Goldfield, in said county. Sec. 2. It shall be the duty of the officers of said county, who are required by law to keep their offices at the county seat, to remove the same to the said Town of Goldfield one week preceding the first day of May, in the year of our Lord one thousand nine hundred and seven. Sec. 3. The County Commissioners of Esmeralda County shall provide for the removal of the archives, and all other movable property belonging to said county, and now located at the Town of Hawthorne, to the said Town of Goldfield, and shall have power to sell and convey any real or immovable property situated in the Town of Hawthorne, belonging to said Esmeralda County, and shall pay the proceeds of such sale into the county treasury of said county. Sec. 4. It shall be lawful for the Board of County Commissioners of said Esmeralda County, and it is hereby made their duty, to provide for the use of the various officers such buildings, rooms or offices as are required by law. |
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κ1907 Statutes of Nevada, Page 21κ
Chap. V.An Act to provide for copying the Journal of the Senate for Twenty-third Session.
[Approved February 4, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and fifty ($150) dollars is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid to Miss Tichelle S. Cohn for copying the Journal of the Senate for the Twenty-third Session of the Nevada State Legislature, for the State Printer. Sec. 2. Upon receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal of the Senate for the Twenty-third Session of the Nevada Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Miss Tichelle S. Cohn, named in section one of this Act, for the said sum of one hundred and fifty ($150) dollars, and the State Treasurer shall pay the same. |
Appropriation for copying Senate Journal.
Secretary of State to certify. |
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Chap. VI.An Act to amend the title and section one, section two, section five, section six, section seven, and section eight of an Act entitled An Act to authorize the Board of County Commissioners of Humboldt County to issue bonds for the purpose of creating a fund for the purchase of lands and erection thereon suitable buildings for the care of the indigent of said county, approved March 24, 1905.
[Approved February 4, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The title of said Act is hereby amended so as read as follows: An Act to authorize the Board of County Commissioners of Humboldt County to issue bonds for the purpose of creating a fund for the purchase of lands and erection thereon suitable buildings for the care of the indigent and dependent sick of said county. Sec. 2. Section one of the above-entitled Act is hereby amended so as to read as follows: Section 1. The Board of County Commissioners of Humboldt County, Nevada, are hereby authorized, empowered and required to prepare and issue the bonds of said county, in the amount of fifteen thousand dollars, exclusive of interest, for the purpose of providing funds for the purchase of lands and the erection thereon of suitable buildings for the reception and care of the indigent and dependent sick of said county. Sec. 3. Section two of the above-entitled Act is hereby amended so as to read as follows: |
Title of previous Act amended
Duty of County Commissioners. |
κ1907 Statutes of Nevada, Page 22 (CHAPTER 6)κ
Denomination of bonds.
Bonds and interest, when payable.
Redemption of bonds.
County Indigent Bond Fund. |
Section 2. The bonds authorized under the provisions of section one of this Act shall be issued in the sum of five hundred dollars each, shall bear interest at the rate of six per cent per annum; said bonds shall be numbered from one to thirty inclusive, and shall be signed by the Chairman of the Board of County Commissioners, countersigned by the County Treasurer and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bond, and each of the said coupons shall be consecutively numbered and signed by the Chairman of the Board of County Commissioners and the County Treasurer. Sec. 4. Section five of the above-entitled Act is hereby amended so as to read as follows: Section 5. Said bonds together with the interest thereon shall be payable annually on the first Monday of January of each year at the office of the County Treasurer of said Humboldt County, as the same become due, and interest on such bonds shall cease as the same mature. Sec. 5. Section six of the above-entitled Act is hereby amended so as to read as follows: Section 6. On the first Monday of January (1908), nineteen hundred and eight, and annually thereafter, five of said bonds, together with the interest thereon, shall be paid and redeemed by the County Treasurer of Humboldt County. The payment and redemption of said bonds shall be in the order of their issuance, the lowest numbered bond to be the first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this Act shall have been paid and redeemed. Coupons shall be paid annually, and in no case shall any of said bonds run for a longer period than six years. Sec. 6. Section seven of the above-entitled Act is hereby amended so as to read as follows: Section 7. For the purpose of creating a fund for the payment of the bonds authorized by this Act and the interest thereon, the Board of County Commissioners of Humboldt County are hereby authorized and required to levy and collect annually a sufficient tax on all property, both real and personal, within the boundaries of said Humboldt County, to redeem five of said bonds each year, and the payment each year of the accumulated interest on all the bonds authorized by this Act. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected and the proceeds thereof shall be kept by the County Treasurer in a special fund to be known as the County Indigent Bond Fund. Sec. 7. Section eight of the above-entitled Act is hereby amended so as to read as follows: Section 8. The money received from the sale of the bonds authorized by this Act shall be kept by the County Treasurer in a special fund to be known as the Hospital Building Fund, and shall be used only for the purchase of not to exceed eighty acres of land in Humboldt County and the erection and furnishing thereon of suitable buildings for the reception, care and comfort of the indigent and dependent sick of Humboldt County. |
κ1907 Statutes of Nevada, Page 23 (CHAPTER 6)κ
in a special fund to be known as the Hospital Building Fund, and shall be used only for the purchase of not to exceed eighty acres of land in Humboldt County and the erection and furnishing thereon of suitable buildings for the reception, care and comfort of the indigent and dependent sick of Humboldt County. |
Hospital Building Fund. |
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Chap. VII.An Act to provide for copying the Journal of the Assembly for the Twenty-third Session.
[Approved February 7, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and seventy-five ($175) dollars is hereby appropriated out of the Legislative Fund, to be paid to Mrs. James Meffley for copying the Journal of the Assembly for the Twenty-third Session of the Nevada State Legislature for the State Printer. Sec. 2. Upon a receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal of the Assembly for the Twenty-third Session of the Nevada State Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Mrs. James Meffley, named in section one of this Act, for the sum of one hundred and seventy-five dollars ($175), and the State Treasurer shall pay the same. |
Appropriation for copying Assembly Journal.
Secretary of State to certify. |
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Chap. VIII.An Act to authorize the City Council of the City of Reno to dispose of certain lands belonging to the City of Reno.
[Approved February 7, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The City Council of the City of Reno is hereby authorized to sell, after the same has been duly appraised in the manner otherwise provided by law, that certain piece or parcel of land, in said City of Reno, known and described as southeast corner of the north one-half of lot 11, block W of the original townsite of Reno, lying south of the Riverside Mill Ditch, fronting 6 feet on Center street and containing in all about 45 square feet. Sec. 2. For the purpose of carrying out the provisions of this Act all Acts and parts of Acts in conflict herewith are hereby repealed; provided, that such repeal shall be effective only for the purposes aforesaid and for no other purpose. |
Description of land.
Repeal.
Proviso. |
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κ1907 Statutes of Nevada, Page 24κ
Appropriation for care of G. A. R. cemetery.
Board of Examiners to allow claim upon proper proof.
Duties of Controller and Treasurer. |
Chap. IX.An Act appropriating two hundred dollars for the watering and care of the Grand Army Cemetery at Carson City, Nevada.
[Approved February 7, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two hundred dollars is hereby appropriated out of any moneys in the General Fund, not otherwise appropriated, for the purpose of watering and caring for the Grand Army Cemetery at Carson City, Nevada. Sec. 2. Annually on the first Monday in September, 1907 and 1908, the State Board of Examiners shall audit and allow the Post Quartermaster of the Grand Army at Carson City, Nevada the sum of one hundred dollars, upon the filing with said Board of Examiners, by the said Post Quartermaster, of the claim and a sworn statement that the amount had been expended as provided in Section 1 of this Act. Sec. 3. The State Controller is hereby authorized and required to draw his warrants in favor of said Post Quartermaster for the sums named in this Act, and the State Treasurer is hereby required and authorized to pay the same. |
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Official Reporter for Supreme Court authorized. Salary.
Duties of Controller and Treasurer. |
Chap. X.An Act to provide a Reporter for the Supreme Court of the State of Nevada, and fix his compensation.
[Approved February 7, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Supreme Court of the State of Nevada is hereby authorized to appoint an Official Reporter who shall be a competent stenographer and who shall perform such duties as may be required of him by said Court, and whose compensation shall be one hundred and twenty-five dollars per month. Sec. 2. The Controller of the State shall, at the end of each month, draw his warrant upon the State Treasurer in favor of such Reporter for the amount of his compensation then due, and the State Treasurer shall pay the same out of any moneys in the State Treasury not otherwise specially appropriated. Sec. 3. This Act shall take effect immediately. |
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κ1907 Statutes of Nevada, Page 25κ
Chap. XI.An Act to amend an Act entitled An Act concerning the courts of justice of this State and judicial officers, approved January 26, 1865.
[Approved February 13, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-five of an Act entitled An Act concerning the courts of justice of this State and judicial officers, approved January 26, 1865, is hereby amended so as to read as follows: Section 45. A Judge shall not act as such in an action or proceeding to which he is a party, or in which he is interested. Second, when he is related to either party by consanguinity or affinity within the third degree. Third, when he has been attorney or counsel for either party in the action or proceeding. Fourth, when he is related to any attorney or counselor, for either of the parties, by consanguinity or affinity within the fourth degree, but this section shall not apply to the arrangement of the calendar, or the regulation of the order of business. |
Judge not to act in certain cases. |
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Chap. XII.An Act to amend section one of an Act entitled An Act to amend an Act entitled An Act concerning District Attorneys, approved March 11, 1865, approved March 6, 1889.
[Approved February 13, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section 1. Section six of said Act is hereby amended so as to read as follows: Section 6. If he fails to attend any session of the District Court, or for any reason is disqualified from acting in any matter coming before said court, the Court may appoint some other person to perform the duties of District Attorney, who shall receive a reasonable compensation, to be certified by the Court and paid out of the county treasury. If the District Attorney shall wilfully neglect to attend any session of the District Court the amount so paid shall be deducted by the Board of County Commissioners from the salary allowed to said District Attorney. |
District Attorney to forfeit office and salary for neglect of duty. |
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κ1907 Statutes of Nevada, Page 26κ
Salaries of Supreme Justices increased.
When to take effect.
Repeal. |
Chap. XIII.An Act fixing the salaries of the Justices of the Supreme Court of the State of Nevada.
[Approved February 14, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the expiration of the terms of the present incumbents each Justice of the Supreme Court of the State of Nevada shall receive a salary of six thousand dollars a year, payable in the manner and at the times now prescribed by law. Sec. 2. This Act shall take effect first in fixing the salary of the Justice of the Supreme Court of the State of Nevada to be elected in the year one thousand nine hundred and eight; second, in fixing that of each succeeding Justice as he is elected. Sec. 3. All Acts and parts of Acts in conflict herewith are hereby repealed. |
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Preamble.
Lost poll-tax receipts.
Appropriation of $37.50 for A. C. House.
White Pine County Commissioners to appropriate like sum. |
Chap. XIV.An Act for the relief of A. C. House.
[Approved February 14, 1907.]
Whereas, In the year nineteen hundred and six A. C. House, then Assessor of White Pine County, settled in full for all poll tax received from the State Controller for White Pine County for that year; and Whereas, During the said year one poll-tax book issued by the State Controller and charged to the said A. C. House, containing twenty-five blank receipts, which said receipts were delivered by they said A. C. House to P. A. Danoher during the year 1906, and which receipts were lost, and no value or compensation was received for them by said A. C. House, said receipts being of the value of seventy-five dollars; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of thirty-seven dollars and fifty cents is hereby appropriated, out of any moneys in the State Treasury not otherwise appropriated, to pay the proportion received by the State for said poll-tax receipts, and the State Controller is hereby directed and required to draw his warrant for said sum of thirty-seven dollars and fifty cents in favor of A. C. House, and the State Treasurer is hereby authorized and required to pay the same. Sec. 2. The Board of County Commissioners of White Pine County is hereby directed and required to allow the claim of A. C. House in the sum of thirty-seven dollars and fifty cents, the proportion received by the county on allowance for said poll-tax receipts, and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the General Fund of said county for said amount, and the County Treasurer is hereby authorized and required to pay the same. |
κ1907 Statutes of Nevada, Page 27 (CHAPTER 14)κ
the allowance of said claim, is hereby directed to draw his warrant against the General Fund of said county for said amount, and the County Treasurer is hereby authorized and required to pay the same. |
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Chap. XV.An Act for the relief of Lucy Fitzpatrick, Annie Lucy, Belle Bryant, Ella Smaill, L. H. Legris, Geo. W. Keith, Chester Newnham, A. Wise, Fannie Dodd, Carrie Cottrell, R. E. Wallace, Mollie OConnor, Lillian Richards, Grey Davis, H. Harris, and Frank Raycraft.
[Approved February 14, 1907.]
Whereas, On the first day of the Twenty-third Session of the Nevada Legislature, the above-named persons were by resolution appointed to different positions as attaches to the Legislature, said action not being in accordance with the then existing law. Said attaches performed their duties without having received compensation; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of six hundred and ninety-four ($694) dollars is hereby appropriated out of the Legislative Fund for the payment of the amounts following: Lucy Fitzgerald, forty-eight dollars; Annie Lucy, forty-eight dollars; Belle Bryant, forty-eight dollars; Ella Smaill, forty dollars; L. H. Legris, forty dollars; G. W. Keith, forty dollars; Chester Newnham, sixteen dollars; A. Wise, fifty-four dollars; Fannie Dodd, fifty-four dollars; Carrie Cottrell, fifty-four dollars; R. E. Wallace, fifty-four dollars; Mollie OConnor, forty-five dollars; Lillian Richards, forty-five dollars; Grey Davis, forty-five dollars; H. Harris, forty-five dollars: Frank Raycraft, eighteen dollars. Sec. 2. The State Controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
For relief of attaches of the Twenty-third Session
Amounts appropriated
Duties of Controller and Treasurer. |
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Chap. XVI.An Act to amend sections five hundred and sixteen, five hundred and seventeen and five hundred and eighteen of an Act entitled An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto, approved March 8, 1869.
[Approved February 15, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five hundred and sixteen of which this Act is amendatory is hereby amended so as to read as follows:
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κ1907 Statutes of Nevada, Page 28 (CHAPTER 16)κ
What summons shall contain.
Different periods specified for appearance and answer.
Service by publication. |
this Act is amendatory is hereby amended so as to read as follows: Section 516. The summons must be directed to the defendant, and signed by the Justice, and shall contain: First-The title of the court, the name of the township and county in which the action is brought, and the names of the parties thereto. Second-A direction that the defendant appear and answer before the Justice at his office as specified in section five hundred and seventeen of this Act. Third-A notice that unless the defendant shall appear and answer, the plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract, or will apply to the court for the relief demanded in the complaint. If the plaintiff appears by attorneys, the names of the attorneys must be endorsed upon the summons. Sec. 2. Section five hundred and seventeen of which this Act is amendatory is hereby amended so as to read as follows: Section 517. The time specified in the summons for the appearance of the defendant must be as follows: First-If an order for arrest is endorsed upon the summons, then forthwith. Second-In all other cases the summons must contain a direction that defendant must appear and answer the complaint within five days, if the summons be served in the township or city in which the action is brought; ten days if served out of the township or city, but within the county in which the action is brought; and twenty days if served elsewhere. Third-When the person on whom the service is to be made resides out of the State, or has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself to avoid the service of summons, or being a corporation or joint stock association, cannot be served as provided in section twenty-nine, and the fact shall appear by affidavit to the satisfaction of the Justice thereof, and it shall in like manner appear that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action, such Justice may grant an order that the service be made by the publication of the summons. Fourth-The order shall direct the publication to be made in a newspaper to be designated by the Justice as most likely to give notice to the person to be served, for a period of four weeks, and at least once a week during said time. In case of publication where the residence of the non-resident or absent defendant is known, the Justice shall also direct a copy of the summons and complaint to be deposited in the postoffice, postage prepaid, directed to the person or corporation to be served, at the residence of such person or place of business of such corporation. |
κ1907 Statutes of Nevada, Page 29 (CHAPTER 16)κ
of such corporation. When publication is ordered, personal service of a copy of the summons and complaint out of the State shall be equivalent to publication and deposit in the postoffice. The service of summons shall be deemed complete in case of publication at the expiration of four weeks from the first publication, and in case where a deposit of a copy of the summons in the postoffice is also required, at the expiration of four weeks from such deposit. A copy of the complaint shall also be served with the copy of the summons upon each of the defendants. Sec. 3. Section five hundred and eighteen of which this Act is amendatory is hereby amended so as to read as follows: Section 518. The summons may be served by a Sheriff or a Constable of any of the counties of this State, or by any male citizen of the United States over the age of twenty-one years, as follows: First-If the action be against a corporation, by a delivery of a copy to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof, or when no such officer resides in the county, to a director resident therein. Second-If against a minor under the age of fourteen years, by delivery of a copy to such minor, and also to his father, mother, or guardian; or if there be none within the county, then to any person having the care or control of such minor or with whom the resides, or in whose service he is. Third-If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, by delivery of a copy to such guardian. Fourth-In all other cases, by delivery of the copy to the defendant personally. |
Service complete, when.
Summons, by whom served.
On whom served.
On minor, how.
On incompetent person, how. |
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Chap. XVII.An Act relating to the compensation of county officers in Nye County, in the State of Nevada, and to repeal an Act entitled An Act relating to the compensation of county officers in Nye County, State of Nevada, approved March 13, 1905.
[Approved February 2, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the approval of this Act the county officers of Nye County, State of Nevada, named in this Act shall receive the following salaries and fees in full compensation for their services: The Sheriff and ex officio Assessor shall receive two thousand ($2,000) dollars per annum, and such fees and commissions as are now allowed by law. The Sheriff and ex officio Assessor shall be allowed such Deputy Sheriffs and Deputy ex officio Assessors as, in the best judgment of the Board of County Commissioners, are deemed necessary for the best interests of Nye County, and the said Board of County Commissioners shall fix and regulate the salaries of the said Deputy Sheriffs and Deputy ex officio Assessors. |
Salaries of Nye County officers.
Sheriff.
Deputy Sheriffs and Assessors. |
κ1907 Statutes of Nevada, Page 30 (CHAPTER 17)κ
Salary.
Treasurer.
County Commissioners.
Mileage.
Deputy County Clerk
District Attorney.
Mileage for District Attorney.
No salary for Deputy District Attorneys.
Repeal |
judgment of the Board of County Commissioners, are deemed necessary for the best interests of Nye County, and the said Board of County Commissioners shall fix and regulate the salaries of the said Deputy Sheriffs and Deputy ex officio Assessors. The Treasurer of Nye County shall receive the sum of three thousand six hundred dollars ($3,600) per annum. The County Commissioners of Nye County shall each receive nine hundred ($900) dollars per annum and mileage at the rate of twenty cents per mile in going to and returning from the county seat when upon regular or special attendance of the Board of County Commissioners. The County Clerk of Nye County shall be allowed one deputy to his office, the salary and compensation of said deputy to be fixed and regulated by the Board of County Commissioners. The District Attorney shall receive the sum of seven thousand five hundred ($7,500) dollars per annum, and the said District Attorney shall draw no money from the county treasury for any vagrancy or other conviction had within the county. The District Attorney shall be allowed mileage at the rate of twenty cents per mile in going to and coming from any part of Nye County when acting in his official capacity and on official business. The District Attorney may appoint such deputy or deputies as in his judgment are necessary, but no money shall be drawn from the county treasury as salary or recompense for the services rendered by such deputy or deputies. Sec. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Appropriation of certain waters for public use. Existing rights to be respected. |
Chap. XVIII.An Act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a State Engineer, an Assistant State Engineer, and fixing their compensation, duties and powers, defining the duties of the State Board of Irrigation, providing for the appointment of Water Commissioners and defining their duties.
[Approved February 26, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All natural watercourses and natural lakes, and the waters thereof which are not held in private ownership, belong to the State and are subject to appropriation for beneficial uses. Sec. 2. All existing rights to the use of water, whether acquired by appropriation, or otherwise, shall be respected and preserved, and nothing in this Act shall be construed as enlarging, abridging or restricting such rights. |
κ1907 Statutes of Nevada, Page 31 (CHAPTER 18)κ
and preserved, and nothing in this Act shall be construed as enlarging, abridging or restricting such rights. Sec. 3. There is no absolute property in the waters of a natural watercourse or natural lake. No right can be acquired to such waters, except an usufructuary right-the right to use it, or to dispose of its use for a beneficial purpose. When the necessity for the use of water does not exist, the right to divert it ceases, and no person shall be permitted to divert or use the waters of a natural watercourse or lake, except at such times as the water is required for a beneficial purpose. Sec. 4. No person shall be permitted to divert or use any more of the waters of a natural watercourse or natural lake than sufficient, when properly and economically used, to answer the purpose for which the diversion is made; nor shall any person be permitted to waste any such water, and all surface water remaining after use, unavoidable wastage excepted, shall be returned to the channel by the persons diverting the same, without unreasonable delay or detention. Sec. 5. The maximum quantity of water which may hereafter be appropriated for irrigation purposes in the State of Nevada shall not exceed three acre-feet per year for each acre of land supplied. Sec. 6. In all measurements of water in this State a cubic foot of water per second of time shall be the standard of measurement. Sec. 7. The prior right to the use of the unappropriated waters of the natural watercourses and natural lakes, as defined in this Act, may be acquired in the manner provided in this Act, and not otherwise. Sec. 8. The office of State Engineer is hereby created. He shall be appointed by the Governor, and shall receive a salary not exceeding twenty-four hundred ($2,400) dollars per annum, payable in equal monthly installments by the State Treasurer upon warrants drawn by the State Controller. He shall keep his office at the State Capitol. No person shall be appointed as such State Engineer who does not have such training in hydraulic engineering and such practical skill and experience as shall fit him for the position. He shall hold his office at the pleasure of the Governor, but his successor shall, in all cases, have the foregoing qualifications and recommendations. Sec. 9. Before entering upon the duties of his office the State Engineer shall take and subscribe an official oath, such as is provided by law for State officers, before some officer authorized by the law of the State to administer oaths, and shall file with the Secretary of State said oath and his official bond in the penal sum of five thousand dollars, with not less than two sureties, to be approved by the Governor of the State, and conditioned for the faithful discharge of his official duties, and for the delivery to his successor, or other person appointed by the Governor to receive the same, all moneys, books, and other property belonging to the State then in his hands and under his control, or with which he may be chargeable as each officer. |
None but usufructuary rights to be acquired.
No waste of water permitted.
Maximum quantity names.
Standard of measurement. Prior right, how acquired.
Office of State Engineer created.
Salary, duties and qualifications.
Oath and bond of State Engineer. |
κ1907 Statutes of Nevada, Page 32 (CHAPTER 18)κ
Further duties of State Engineer.
Assistant State Engineer, salary; other assistants.
Expenses of State Engineer and Assistant.
To make reports. |
books, and other property belonging to the State then in his hands and under his control, or with which he may be chargeable as each officer. Sec. 10. The State Engineer shall perform such duties as are prescribed herein. He shall become conversant with the State and the needs of the State as to irrigation matters, and in his reports to the Governor he shall make such suggestions as to the amendment of existing laws, or the enactment of new laws, as his information and experience shall suggest; and he shall keep in his office full and proper records of his work, observations and calculations; all of which shall be the property of the State. He shall cooperate with the Secretary of the Interior in all work of construction, operation, maintenance and management of irrigation works constructed by the Secretary of the Interior in and for the benefit of Nevada, under an Act of Congress of the United States, approved June 17, 1902, entitled An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands, and shall in every way facilitate the work of the Secretary of the Interior in carrying out the provisions of said Act in the State of Nevada. Sec. 11. The State Engineer shall have the power to employ one Assistant Engineer at a salary not to exceed $1,800 per annum, and to employ other assistants at a total additional expense not to exceed $1,000 per annum; such Assistant Engineers and such additional assistants to be paid out of the money appropriated for that purpose, on the certificate of the State Engineer and the approval of the State Board of Examiners. He may also appoint as Assistant Engineers and as additional assistants such persons in the service of the United States Geological Survey as may be designated by the Secretary of the Interior, or the Director of the United States Geological Survey; but such Assistant Engineers and such additional assistants shall be entitled to no compensation from the State of Nevada and no expense shall be incurred therefor, except as hereinbefore provided. Sec. 12. When the State Engineer, or his Assistant Engineer, is called away from his office he shall be entitled to his actual traveling expenses, which shall be paid out of any money appropriated for that purpose, on the certificate of said State Engineer approved by the State Board of Examiners. Sec. 13. The State Engineer shall prepare and render to the Governor, biennially, and oftener if required, full and true reports of his work, touching all the matters and duties devolving upon him by virtue of his office, which report shall be delivered to the Governor on or before the 31st day of December of the year preceding the regular session of the Legislature. Sec. 14. Such State Engineer shall prepare for each stream in the State of Nevada a list of the appropriations of water according to priority, and in order to make such list, he shall enclose to each person having a claim to the waters of such stream a blank form, on which said claimant shall present in writing all the particulars showing the amounts and dates of appropriations to the use of water of said stream to which he lays claim; the said statement to include the following:
|
κ1907 Statutes of Nevada, Page 33 (CHAPTER 18)κ
water according to priority, and in order to make such list, he shall enclose to each person having a claim to the waters of such stream a blank form, on which said claimant shall present in writing all the particulars showing the amounts and dates of appropriations to the use of water of said stream to which he lays claim; the said statement to include the following: His best information concerning: The name and address of the claimant. The nature of the use on which the claim for an appropriation is based. The time of the commencement of such use, and if distributing works are required. The year of beginning of survey. The year of beginning of construction. The year when completed. The year of beginning and completion of enlargements. The dimensions of the ditch as originally constructed and as enlarged. The year when water was first used for irrigation or other beneficial purposes, and if used for irrigation, the amount of land reclaimed or irrigated the first year; the amount in subsequent years, with the dates of reclamation, and the amount of land such ditch is capable of irrigating. The character of the soil and the kind of crops cultivated, and such other facts as will show a compliance with the law in acquiring the appropriation and the rank of priority claimed. Sec. 15. Each of said claimants shall be required to certify to his statements under oath, and any officer authorized to administer oaths is hereby authorized to administer such oaths. Sec. 16. The failure of any claimant to make such a sworn statement within ninety days after notice that such statement is required by the State Engineer, shall be punishable as a misdemeanor on the complaint of the State Engineer or any of his assistants. Sec. 17. It shall be the duty of the State Engineer, or some qualified assistant, as soon as practicable, to make an examination of such stream and the works diverting therefrom, said examination to include the measurement of the discharge of said stream unless adequate proof is available from the measurements made by the United States Government, and of the carrying capacity of the various ditches and canals diverting water therefrom; an examination of the irrigated lands, and an approximate measurement of the lands irrigated, or susceptible of irrigation, from the various ditches and canals, which said observations and measurements shall be reduced to writing, and made a matter of record in his office, and it shall be the duty of the State Engineer to make or cause to be made a map or plat, on a scale of not less than one inch to the mile, showing, with substantial accuracy, the course of said stream, the location of each ditch or canal diverting water therefrom, and the legal subdivisions of lands which have been irrigated or which are susceptible of irrigation from the ditches and canals already constructed. |
Method of appropriation.
What statement must include.
Oath of claimants.
Claimant must make statement within 90 days.
Method of determining lands susceptible of irrigation. |
κ1907 Statutes of Nevada, Page 34 (CHAPTER 18)κ
State Engineer to issue certificate giving names, etc., of appropriators.
Aggrieved parties may bring action.
Water Commissioners to apportion water.
State Engineer a member and Secretary of State Board of Irrigation. |
course of said stream, the location of each ditch or canal diverting water therefrom, and the legal subdivisions of lands which have been irrigated or which are susceptible of irrigation from the ditches and canals already constructed. In performing such work the State Engineer or his assistant may avail himself of works, records and information of the United States Geological Survey. Sec. 18. Within thirty days after the preparation of the list of priorities of appropriation of the use of waters of any stream, it shall be the duty of the State Engineer to issue to each person, association or corporation, represented in such list, a certificate to be signed by the State Engineer, setting forth the name and postoffice address of the appropriator, the priority number of such appropriation, the amount of water appropriated and the amount of prior appropriations, and if such appropriations be for irrigation, a description of the legal subdivisions of the lands to which said water is to be applied. And he shall also send such certified list, by registered mail, to the County Recorder of the county in which such appropriations shall have been made, as well as to the County Recorder of the county in which the waters appropriated are used, and it shall be the duty of said County Recorder, within ten days after the receipt of such certificate, to record the same in a book specially prepared and kept for that purpose, and the fee for such record shall be fixed by the Governor and shall be allowed and paid by the Board of Examiners out of funds in the treasury applicable thereto. Sec. 19. Any party, or number of parties acting jointly, who may feel themselves aggrieved by the determination of the State Engineer, may bring an action in any court having jurisdiction against such State Engineer and all persons having interests adverse to the party or parties bringing the action, to have their respective rights determined. Such action must be brought within one year after the record of such list of priorities of appropriation has been recorded. Such action shall be tried as speedily as possible, and the Court is hereby authorized to employ a Hydraulic Engineer or other expert to examine and make report under oath upon any subject-matter in controversy, the cost of such employment to be equitably apportioned by the Court and charged against the parties to the suit as costs. Sec. 20. The Water Commissioners hereafter provided shall make apportionment of the waters of such stream according to the list of priorities recorded as aforesaid, unless such list be corrected by the judgment of some court having jurisdiction of the subject matter. Sec. 21. The State Engineer shall be a member of the State Board of Irrigation created by an Act of the Legislature of the State of Nevada, approved March 16, 1901, entitled An Act to provide for the measurement of streams, the survey of reservoir sites, the determination of irrigation possibilities, and for the best methods of controlling and utilizing the water resources of the State of Nevada in cooperation with the United States Geological Survey and the United States Department of Agriculture, and the Nevada Experiment Station. |
κ1907 Statutes of Nevada, Page 35 (CHAPTER 18)κ
reservoir sites, the determination of irrigation possibilities, and for the best methods of controlling and utilizing the water resources of the State of Nevada in cooperation with the United States Geological Survey and the United States Department of Agriculture, and the Nevada Experiment Station. The said State Engineer shall be the Secretary of said Board of Irrigation, and shall keep the record thereof in his office. Sec. 22. The said Board of Irrigation shall divide the State of Nevada into such water divisions or water districts as seem to it advisable, and may change the same from time to time. It may appoint Water Commissioners, whose duty it shall be to measure and divide amongst the appropriators the water of such streams according to priority of right and the amount to which each is entitled. It may make such rules and regulations as it shall deem advisable for the proper and economical administration of the waters of such streams. Sec. 23. The Board of Irrigation shall determine the number and compensation of the Water Commissioners appointed under this Act, and said Water Commissioners shall be and act under the direction of the State Engineer. The compensation of said Water Commissioners shall be paid, upon the approval of the Board of Irrigation, by the county in which the work of such Commissioners is performed, in the same manner as other county bills are presented and allowed. Sec. 24. Any person, association or corporation desiring to appropriate any of the public waters, or to change the place of diversion or manner of use of water now appropriated, shall before performing any work in connection with such appropriation make an application to the State Engineer for permission to make the same. Said application shall set forth the name and postoffice address of the applicant, the source from which said appropriation shall be made, the amount thereof, location of proposed works in connection therewith, the purpose for which the appropriation is desired, and if for irrigation a description of the land to be irrigated and the area thereof, and any additional facts required by the State Engineer. On receipt of this application, which shall be of a form prescribed by the State Engineer and to be furnished by him without cost to the applicant, it shall be his duty to make a record thereof in his office, and to carefully examine the same to ascertain whether it sets forth all facts necessary to determine the nature and amount of the proposed appropriation. If the application be defective it shall be the duty of the State Engineer to return the same to the applicant for correction, and sixty days shall be allowed for the refiling thereof. If refiled, corrected in proper form, within such time, the application shall, upon being accepted, take priority as of date of original filing subject to compliance with the further provisions of the law and the regulations thereunder. |
Powers and duties of said Board.
Number and compensation of Water Commissioners.
Appropriators to obtain permission from State Engineer
Application to contain.
Certain conditions. |
κ1907 Statutes of Nevada, Page 36 (CHAPTER 18)κ
Publication, when necessary.
Vested rights never to be lost.
State Engineer to refuse application, when.
To approve application, when. |
take priority as of date of original filing subject to compliance with the further provisions of the law and the regulations thereunder. Sec. 25. If not corrected as required, no further proceedings shall be had on such application, but when filed in compliance with this Act, the State Engineer shall within thirty days at the expense of the applicant, to be paid in advance, publish or cause to be published in some newspaper having a general circulation within the boundaries of the river system or water system or water source from which said appropriation is to be made, a notice of the application, showing by whom made; the quantity of water sought to be appropriated; the stream from which the appropriation is to be made, and at what point on the stream; the use for which it is to be appropriated, and by what means, which notice shall be published once a week for four weeks. Any person, corporation or association interested may, at any time within thirty days after completion of the publication of said notice, file with the State Engineer a written protest against the granting of said application, stating the reasons therefor, which shall be duly considered by said Engineer. He may, in his discretion, hear evidence in support of or against such application and shall take such action thereon as he may deem proper and just. But vested rights to the use of such waters shall in nowise be lost, prejudiced or impaired by failure to protest against an application to appropriate the same under this Act. Sec. 26. If there is no unappropriated water in the source of supply or if such change of place of diversion or manner of use will in any substantial way invade or impair the rights of other appropriators the State Engineer shall refuse such appropriation, endorse his refusal upon the application, make a record of his refusal and endorsement in his office, and return the application so endorsed to the applicant, who shall not prosecute the work under his application so long as such refusal shall be in force, under penalty of being deemed guilty of and punished for a misdemeanor. If there is unappropriated water in the source of supply named and the appropriation is not detrimental to the public welfare or the proposed change of place of diversion and manner of use will not invade or impair the rights of other appropriators, the State Engineer shall approve the application and set a date prior to which work of diversion and appropriation must be begun and a date prior to which such work must be completed, endorse such approval upon the application, make a record of such approval and endorsement in his office, and return the application so endorsed to the applicant, who shall, on receipt thereof, be authorized to take such measures as may be necessary to perfect such appropriation; provided, however, that the State Engineer may approve an application for a less amount of water than that named in the application. |
κ1907 Statutes of Nevada, Page 37 (CHAPTER 18)κ
tion. Any person changing his place of diverson or manner of use as specified in this Act shall not thereby lose any priority of right upon the stream he may have heretofore acquired. Sec. 27. Any party feeling himself aggrieved by the action of the State Engineer in refusing his application in whole or in part, or in allowing such application against his protest, may bring an action, in any court having jurisdiction of the matter, against the State Engineer to compel him to reverse or modify his decision, and all persons having interests adverse to the party or parties bringing such action shall be joined therein with the State Engineer as defendants. Such action must be commenced within sixty days after notice in writing of the decision by the State Engineer complained of, and shall be begun and prosecuted in all respects like the ordinary civil action in this State, and shall be tried de novo by the court. Any party feeling himself aggrieved by the decision of the court may have the same reviewed, in any court having appellate jurisdiction of such decision, by appeal or writ of error in the manner provided by law. Sec. 28. Upon approval of an application in whole or in part, the applicant shall send to the State Engineer within six months thereafter a map on a scale of not less than two inches to the mile, showing the location of the works necessary to perfect the appropriation, the source of appropriation, and if for irrigation, the land upon which the water is to be applied, which map shall be filed in his office. Sec. 29. Upon satisfactory proof being made to the State Engineer that any application to appropriate water has been perfected in accordance with the provisions of this Act, said State Engineer shall issue to the applicant a certificate setting forth the name of the appropriator, date, source, purpose and amount of the appropriation, and if for irrigation, a description of the land to be irrigated, which certificate shall within thirty days after its issuance be recorded in the county in which the point of diversion of the appropriation is, as well as in the county where the water is used, in books specially kept for that purpose, and the fee for such records shall be one dollar ($1), payable by the party in whose favor the certificate is issued. The priority of such new appropriation shall date from the filing of the application in the State Engineers office. Sec. 30. Any person interfering with, obstructing or resisting the State Engineer, Assistant Engineer or any Water Commissioner, in the performance of his duty or duties as prescribed by this Act, or by the rules or regulations adopted by the Board of Irrigation, shall be deemed guilty of a misdemeanor. Sec. 31. Any act which is made a misdemeanor by this statute shall be punishable by fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not more than three (3) months, or by both such fine and imprisonment in the discretion of the Court. |
Aggrieved parties may bring suit, when.
May appeal.
Applicant must furnish map.
Engineer to issue certificate.
Fee for recording.
Misdemeanor for interfering with water officers.
Punishment. |
κ1907 Statutes of Nevada, Page 38 (CHAPTER 18)κ
Repeal of previous Acts.
Appropriation.
In effect. |
more than three (3) months, or by both such fine and imprisonment in the discretion of the Court. Sec. 32. Chapter IV of the Statutes of the State of Nevada entitled An Act providing for the cooperation of the State of Nevada with the Secretary of the Interior of the United States in the construction and administration of irrigation works for the reclamation of arid lands in the State of Nevada, for the measurement, appropriation and distribution of water, determination of water rights, preserving and certifying records thereof, creating officers for the enforcement hereof, defining the tenure of office, powers and duties and fixing their compensation; providing for penalties for infringements hereof, and enacting a standard measure of water and conferring upon the Secretary of the Interior such rights and powers under the laws of Nevada as are necessary to enable him to carry out and execute an Act of the Congress of the United States, approved June 17, 1902, entitled An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands (approved February 16, 1903), and Chapter XLVI of the Statutes of the State of Nevada entitled An Act amendatory of and supplemental to an Act entitled An Act providing for the cooperation of the State of Nevada with the Secretary of the Interior of the United States in the construction and administration of irrigation works for the reclamation of arid lands in the State of Nevada, for the measurement, appropriation and distribution of water, determination of water rights, preserving and certifying records thereof, creating officers for the enforcement hereof, defining the tenure of office, powers and duties and fixing their compensations; providing for penalties for infringements hereof, and enacting a standard measure of water, and conferring upon the Secretary of the Interior such rights and powers under the laws of Nevada as are necessary to enable him to carry out and execute an Act of the Congress of the United States, approved June 17, 1902, entitled An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands, approved February 16, 1903 (approved March 1, 1905), and all Acts and parts of Acts in conflict with this Act, are hereby repealed. Sec. 33. The sum of fifteen thousand dollars is hereby appropriated to carry out the provisions of this Act. Sec. 34. This Act shall take effect from and after its passage and approval. |
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κ1907 Statutes of Nevada, Page 39κ
Chap. XIX.An Act to amend section two of an Act entitled An Act requiring foreign corporations doing business in the State of Nevada to publish annual statements, approved March 28, 1901.
[Approved February 26, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of the above-entitled Act is hereby amended so as to read as follows: Section 2. The Secretary of the company publishing the statement shall file a copy with the Assessor of each county of the State of Nevada, in which said company is doing business. |
Statement filed with each County Assessor. |
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Chap. XX.An Act creating the office of Mineral Land Commissioner, defining his duties and firing his compensation therefor, and constituting the Attorney-General ex officio Mineral Land Commissioner.
[Approved February 26, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of Mineral Land Commissioner is hereby created. Sec. 2. It shall be the duty of the Mineral Land Commissioner to examine all applications for patents of the public lands of this State or of the United States, except mining claims, and to make an abstract of such application which shall contain the name of the applicant, the location of the land applied for to be patented, by legal subdivisions, with the section, township, and range, the date of entry of the applicant, and the character of such entry. After obtaining the above information, the Mineral Land Commissioner shall immediately commence an inquiry, or cause an inquiry to be commenced, to ascertain: First-If any of the land for which a patent is applied is located within any mining district or known mineral belt. Second-If the same, or any portion thereof, has at any time been held, used, claimed or worked for minerals of any kind or character, and for these purposes he may make application to any State or county officer of this State, who shall proceed forthwith to furnish such information to said Commissioner, and he shall publish a notice of such application in some newspaper nearest the land applied for. Third-If it shall be ascertained, or if the Mineral Land Commissioner has reason to believe that the said land so applied for is mineral in character, or contains mineral in quantities sufficient to support a bona fide mining location, then it shall be the duty of the Mineral Land Commissioner to appear in the State Land Office, or in the United States Land Office, as the case may be, and contest such application, and for this purpose he shall have power to produce witnesses, and offer evidence in support of the contest, showing that the land applied for is more valuable for mineral than for any other purpose. |
Mineral Land Commissioner created, and duties of said officer defined.
Duties. |
κ1907 Statutes of Nevada, Page 40 (CHAPTER 20)κ
Any person may furnish information.
Commissioner to keep record.
Deputies may be appointed.
Salary of Commissioner.
No fees.
Attorney-General to be ex officio Mineral Land Commissioner. |
Land Office, as the case may be, and contest such application, and for this purpose he shall have power to produce witnesses, and offer evidence in support of the contest, showing that the land applied for is more valuable for mineral than for any other purpose. Sec. 3. Any person having knowledge of the existence of minerals on any portion of the public domain belonging to the State or to the United States for which a patent is applied, may lodge such information before the Mineral Land Commissioner, with the request that said Commissioner appear as the attorney for such person and contest the application for such patent, either in his own name or in the name of any person who may request to be entered as a contestant for such application, and it shall be the duty of the said Commissioner to appear and act as such attorney and contest such application. Sec. 4. The Mineral Land Commissioner shall keep a record of all actions or contests so instituted, either in his own name, or as the attorney for any other person, and shall carefully preserve and file copies of all evidence, data, plats, and other information, and shall on or before the first day of January of each year make and submit his report to the Governor, showing the number of applications contested by him, where the land is located, and the character of the minerals alleged to be contained therein, with such other and further information as he may deem necessary. Sec. 5. The Mineral Land Commissioner may appoint as many deputies as he may deem necessary for the carrying out of the provisions of this Act. All fees or charges of such deputies shall be paid out of the salary herein provided for the Mineral Land Commissioner. The Mineral Land Commissioner shall receive a salary of twenty-five hundred dollars per annum, payable in equal monthly installments, the same as the salaries of other officers of the State are paid, and the State Controller is hereby authorized to draw his warrant and the State Treasurer is hereby directed to pay the same out of any money not otherwise then especially appropriated. The State Mineral Land Commissioner shall make no charge nor shall he receive any other fees than the salary herein provided. Sec. 6. The Attorney-General of this State is hereby made ex officio Mineral Land Commissioner. Sec. 7. In the event of the lawful appointment of a State Mineralogist, it shall be the duty of said State Mineralogist to furnish to the Mineral Land Commissioner, upon his written request therefor, the information and data specified in Section 2 of this Act, and if necessary, or desired, any such other information relative thereto that said State Mineralogist may, by diligent search and inquiry, be able to ascertain. |
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κ1907 Statutes of Nevada, Page 41κ
Chap. XXIAn Act for the relief of Peter Breen and George S. Brown.
[Approved February 26, 1907.]
Whereas, Peter Breen, Judge of the Third Judicial District, and George S. Brown, Judge of the Fourth Judicial District, failed to present their claims for traveling expenses in tie for their allowance from the appropriation for the years 1905 and 1906; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred sixty-seven dollars and eighty cents ($167.80) is hereby appropriated out of any moneys of the General Fund, for the payment to Peter Breen, for traveling expenses, ninety-three dollars ($93), and George S. Brown, for the payment of traveling expenses, seventy-four dollars and eighty cents ($74.80). Sec. 2. The State Controller is hereby directed to draw his warrants in favor of the persons above named for the amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
Preamble.
Appropriation for traveling expenses of Judges Breen and Brown.
Duties of Controller and Treasurer. |
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Chap. XXII.An Act providing for the appointment of Notaries Public, fixing their term of office, and enlarging the territory within which they may act.
[Approved February 26, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor is hereby authorized and empowered to appoint and commission Notaries Public in and for the several counties in this State, in any number in which applications may be made to him, without limit. Sec. 2. The term of office of a Notary Public shall be four years; provided, the Governor may at any time, for cause, revoke the commission of a Notary Public. Sec. 3. All Notaries Public may hereafter take acknowledgments of deeds, administer oaths and perform all other notarial acts and functions at any place within this State. All acts of any Notary Public hereafter performed anywhere within this State shall be of the same force and validity as if performed within the county for which he was appointed and in which he resides. The Notaries heretofore appointed shall continue in office until the expiration of their terms under conditions of the existing law at the time of their appointment. Sec. 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
Unlimited number of Notaries Public.
Term of office.
All official acts of Notaries legal anywhere in State.
Repeal. |
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κ1907 Statutes of Nevada, Page 42κ
Preamble.
Republication of Statutes of 1901, 1903 and 1905.
Appropriation to repay loan.
Duties of Controller and Treasurer. |
Chap. XXIII.An Act for the relief of the State Bank and Trust Company.
[Approved February 27, 1907.]
Whereas, In February, 1906, the Secretary of State notified the State Board of Examiners that every copy of the Nevada Statutes of 1901 and 1903 had been sold by him, and that he was unable to meet the great demand for more copies. At a meeting of the State Board of Examiners to consider the matter, it was decided that it was for the best interest of the State to order the republication of those statutes. No appropriation having been made by the Legislature for this purpose, the State Board of Examiners borrowed on March 1, 1906, the sum of fifteen hundred dollars from The State Bank and Trust Company to defray the cost of printing and binding the Statutes of 1901 and 1903. In November, 1906, the Secretary of State notified the State Board of Examiners that the supply of the Statutes for 1905 was exhausted and at a meeting of the Board of Examiners they ordered the republication of the statutes and on November 17, 1906, borrowed the additional sum of one thousand dollars from the above-named bank to defray the cost of printing and binding said statutes; now, therefore
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand six hundred forty-four dollars and thirty-three cents ($2,644.33) is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, to pay the claim of The State Bank and Trust Company, said amount being due said bank for loan and interest thereon. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of The State Bank and Trust Company for the amount specified in this Act, and the State Treasurer is hereby directed to pay the same. |
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To pay deficiencies for installing heating plant for Capitol. |
Chap. XXIV.An Act for the relief of Savage & Adair and Burke Bros. & Shaff.
[Approved February 27, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of nine hundred and sixty-eight dollars is hereby appropriated out of any moneys in the General Fund of the State, the said amount to be expended in payment of claims, as follows, to wit: Claims approved and remaining unpaid of Savage & Adair, five hundred and sixty-eight dollars, for balance due them on contract for heating apparatus for Capitol Building; Burke Bros. |
κ1907 Statutes of Nevada, Page 43 (CHAPTER 24)κ
five hundred and sixty-eight dollars, for balance due them on contract for heating apparatus for Capitol Building; Burke Bros. & Shaff, four hundred dollars, for building tunnel for heating pipe to Capitol, and building chimney and foundation for heater, and furnishing all material for same, as per contract. Sec. 2. The State Controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and State Treasurer is hereby directed to pay the same. |
Duties of Controller and Treasurer. |
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Chap. XXV.An Act entitled An Act granting to the Ely Water Company the right, privilege and franchise to supply the Towns of Ely and Ely City in White Pine County, State of Nevada, and the additions of said towns, with water for domestic, municipal, fire protection, irrigation and other purposes and to charge rental therefor; and ratifying and confirming a certain grant of a water franchise made to the said Ely Water Company on the sixteenth day of February, 1907, by the Board of County Commissioners of said county and by the said Town of Ely, and other matters relating thereto.
[Approved February 26, 1907.]
Whereas, The Board of County Commissioners of the County of White Pine, State of Nevada, and the Town of Ely, in said county and State, acting through said Board of County Commissioners, did, on the 16th day of February, 1907, duly authorize, enter into and execute a certain contract and grant which is in the words and figures following, to wit: This indenture, made this 16th day of February, 1907, by and between the Board of County Commissioners of White Pine County, State of Nevada, and Town of Ely, in said county and State, represented by said Board of County Commissioners, the party of the first part, and Ely Water Company, a corporation of the State of Maine, party of the second part: Witnesseth: Whereas, the said party of the second part has this day made application to the said party of the first part for permission to supply the said Town of Ely, and its additions, with water for domestic, fire, municipal, and general purposes, for the use of the said town and its additions and the residents, householders and business people thereof; and Whereas, The said party of the second part is desirous of furnishing and supplying water to the said town, and to its additions, for the uses and purposes hereinbefore mentioned; and Whereas, Heretofore water pipes and mains have been laid under certain streets, alleys, and highways of the said town, and fire hydrant connections made therewith for fire protection purposes in accordance with the provisions of the Act of the Legislature of the State of Nevada, the same being Chapter LXXXI of the Laws of 1905;
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Preamble.
Agreement between White Pine County Commissioners and Ely Water Company. |
κ1907 Statutes of Nevada, Page 44 (CHAPTER 25)κ
Agreement between White Pine County Commissioners and Ely Water Company. |
Act of the Legislature of the State of Nevada, the same being Chapter LXXXI of the Laws of 1905; Now, therefore, in consideration of the terms, conditions, covenants, and agreements, to be kept and performed by the said party of the second part, hereinafter set forth, the said party of the first part hereby grants and conveys unto the said party of the second part, its successors and assigns, the right, franchise and privilege to build, construct, install, and maintain pipes, mains and laterals, together with all necessary or proper connections, valves and hydrants, in, under and along any and all of the streets, alleys, highways and public parks of said town, and all additions thereto, for the purpose of supplying the said town and people with water as aforesaid, and further, for said purpose, to install, maintain, and operate a complete and permanent water system in said town and its additions; and does further grant to said party of the second part the right to use for said purposes any and all mains, pipes, hydrants and connections already laid and installed in said town, and in this connection it is agreed that the said party of the second part shall immediately after the approval of an Act passed by the Legislature of the State of Nevada, ratifying and confirming these presents, advance and pay to the said party of the first part the sum of six thousand ($6,000) dollars, and shall thereupon become the owner of all said pipes, mains, hydrants and connections already laid and existing in said town. Provided, That if said party of the second part shall accept this franchise and shall fail to cause to be presented to the said Legislature during the present session thereof a bill for such ratification and confirmation, then and in that event said party of the second part shall immediately upon the final adjournment of said session of the Legislature pay to the said party of the first part the said sum of six thousand ($6,000) dollars, and shall thereupon become the owner of the aforesaid existing pipes, mains, hydrants and connections. Provided further, That if the said Legislature at said session shall fail to pass a bill presented to it by said party of the second part for such ratification, then and in that event it shall be optional with the said party of the second part to either discontinue the use of said existing pipes, mains, hydrants and connections and relinquish all its rights hereunder or to pay the said sum of six thousand dollars ($6,000) and become the owner of said existing pipes, mains, hydrants and connections. And the party of the first part shall immediately upon the payment of said sum of six thousand ($6,000) dollars redeem, take up and cancel all bonds issued by said County of White Pine under and by virtue of the provisions of said Chapter LXXXI of the Statutes of Nevada for the year 1905. They said right, privilege and franchise hereby granted to said party of the second part, its successors and assigns, shall be and remain in full force and effect for the term and period of thirty-five years after the date hereof. |
κ1907 Statutes of Nevada, Page 45 (CHAPTER 25)κ
shall be and remain in full force and effect for the term and period of thirty-five years after the date hereof. No franchise or right to lay pipes or mains within three feet of the pipes or mains of the said party of the second part, except where such pipes or mains may cross the water pipes of the said party of the second part, shall during said term be granted by said party of the first part, or by the constituted authorities of the said Town of Ely to any other person, persons, corporation or corporations. The boundaries of said Town of Ely for the purposes of this grant shall include all territory which is now embraced in the settled portion thereof, or which is or may hereafter be embraced or included in any official map or maps, plat or plats of said town, or of any additions thereto, which have been or may at any time hereafter be filed for record with the County Recorder of said White Pine County, and shall also include all such territory as may be fixed and defined as the boundaries of said town in any Acts of incorporation thereof. The foregoing grant, rights, franchises and privileges are made expressly subject to the following conditions: First-That the said party of the second part shall install a main not less than twelve inches in diameter under and along Aultman Street in said town, from Seventh Street to Murry Street; thence south under and along Murry Street to Second Avenue; and shall further install water pipes of dimensions sufficient to furnish the necessary water supply, but not less than six inches in diameter, under and along the streets and avenues of said town as follows: (1) Under and along Aultman Street from its intersection with Murry Street to its intersection with First Street; (2) Under and along First Street from its intersection with Aultman Street to its intersection with High Street: (3) Under and along High Street from its intersection with First Street to its intersection with Ninth Street: (4) Under and along Lyons Avenue from its intersection with Third Street to its intersection with Ninth Street: (5) Under and along Ninth Street from its intersection with High Street to its intersection with Aultman Street: (6) Under and along Fifth Street from its intersection with High Street to its intersection with Court Street: (7) Under and along Court Street from its intersection with Murry Street to its intersection with Fifth Street; (8) Under and along Sage Avenue from its intersection with Murry Street to its intersection with Canon Street: (9) Under and along Canon Street from its intersection with Second Avenue to its intersection with Mill Avenue: (10) Under and along Garden Street from its intersection with Murry Street to its intersection with Fifth Street. The work of installing said permanent water system shall be commenced immediately and shall be prosecuted with all practicable diligence, having regard to the time in which the delivery in Ely of materials for the construction of said system can be had, and the mains and water pipes, under and along the portions of the streets and avenues above specified shall be completely installed within ten months from the date hereof;
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Agreement between White Pine County Commissioners and Ely Water Company. |
κ1907 Statutes of Nevada, Page 46 (CHAPTER 25)κ
Agreement between White Pine County Commissioners and Ely Water Company. |
the delivery in Ely of materials for the construction of said system can be had, and the mains and water pipes, under and along the portions of the streets and avenues above specified shall be completely installed within ten months from the date hereof; Provided, however, that water shall be supplied by means of the said water pipes and mains now laid in said town to the residents, householders, and business people thereof whose residences or places of business are situated along the line of said water pipes and mains as soon after the date hereof as the proper connections can reasonably be made. The said party of the second part shall at any and all times when requested so to do furnish to any municipal department of said town information as to the size and position of all pipes and mains actually laid and existing under any of the streets, avenues and alleys of said town. Second-That the pipes or mains for the carrying, conducting and distribution of water for the purposes aforesaid may be extended from time to time at such times and in such manner as conditions warrant, and as the general welfare, convenience and interests of the inhabitants of said town may require, and as the said party of the second part, or its successors or assigns may determine; provided, that if at any time a written petition signed by the heads of families, householders or business men representing at least three-fifths of the inhabitants and business establishments of any block or district of said town requesting that water connections be made with said block or district, and whereby the signers thereof agree to make water connections with any pipes or mains that may be laid in said block or district within thirty days from the time within which water is available in said pipes or mains; and to use water therefrom and to pay therefor at the established rate for at least a period of one year, shall be presented to the said party of the second part or its successors and assigns, and it shall further appear that such desired connections and the necessary pipes and mains therefor can be had and laid at a reasonable profit, having due regard to the expense thereof and the probable receipts therefrom, then the said party of the second part, or its successors or assigns, shall thereupon proceed with reasonable diligence to lay such pipes or mains in such block or district. Third-The said party of the second part, its successors in interest or assigns, shall at all times during the continuance of this franchise, when duly requested so to do by resolution of the lawfully established municipal legislative body of said town, and as soon as practicable after the passage of such resolution and service upon them of a copy thereof, fix, establish and maintain standard two-nozzle fire hydrants connecting with water mains in such reasonable place or places on its established water mains or pipes as may be designated or stated in such resolution; provided, that twelve of said hydrants shall be so fixed, established and maintained free of cost to the said town, and for each hydrant so requested, fixed, established and maintained over and above the aforesaid twelve free hydrants the said Town of Ely shall, during the remainder of the term of said franchise, pay to said party of the second part, or its successors or assigns, a rental of five dollars per month. |
κ1907 Statutes of Nevada, Page 47 (CHAPTER 25)κ
hydrants shall be so fixed, established and maintained free of cost to the said town, and for each hydrant so requested, fixed, established and maintained over and above the aforesaid twelve free hydrants the said Town of Ely shall, during the remainder of the term of said franchise, pay to said party of the second part, or its successors or assigns, a rental of five dollars per month. Provided further, That none of said hydrants shall at any time be used by said town, or any of the people thereof, for any purpose other than for necessary use in connection with fire protection. Fourth-That the said party of the second part shall lay pipes and mains in such manner that the same will not interfere with free use and travel of said streets, alleys and highways by the public, except during the time of excavating for laying or repairing such pipes or mains, and at such time shall cause as little obstruction to such use and travel as practicable. Fifth-That for water furnished and supplied to residences, hotels, livery stables, saloons and restaurants in said town and its additions the said party of the second part shall charge monthly not to exceed the following rates: Residences-One to five rooms, $1.50; 25 cents additional for each additional room; water closet, 50 cents; bath tub, 50 cents; Hotels-One to ten rooms, $3.50; 15 cents for each additional room; for each table under six persons, 75 cents; for each table over six persons, $1; water closet, every 15 rooms, $1.50 each; bath tub, every 15 rooms, $1 each. Livery stable-Per stall, 50 cents; per vehicle, 25 cents. Saloon-Each faucet over one, $1; water closet, each, $2.50; urinal, each, $2; minimum charge, each, $3. Restaurant-Each table under six persons, 75 cents; each table over six persons, $1. Minimum charge, $3.50. All rates not specified herein shall be reasonable and proportionate to those hereinabove set forth. Any user of said water may, at his option, cause a water meter to be installed for the purpose of measuring the water used at his house or place of business, and in cases where such meters are installed the said party of the second part may charge for such water not exceeding the following monthly rates: (1) When such person uses 25,000 gallons or less per month, 50 cents per thousand gallons; (2) When such persons uses more than 25,000 gallons and less than 50,000 gallons per month, 40 cents per thousand gallons; (3) When such person uses more than 50,000 gallons and less than 150,000 gallons per month, 30 cents per thousand gallons; (4) When such person uses more than 150,000 gallons and less than 600,000 gallons per month, 25 cents per thousand gallons;
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Agreement between White Pine County Commissioners and Ely Water Company. |
κ1907 Statutes of Nevada, Page 48 (CHAPTER 25)κ
Agreement between White Pine County Commissioners and Ely Water Company. |
less than 600,000 gallons per month, 25 cents per thousand gallons; (5) When such person uses more than 600,000 gallons per month, 20 cents per thousand gallons. In all cases in which meters are used, as aforesaid, if the price of the water used shall not exceed ten dollars per month, the user shall pay in addition thereto the sum of one dollar per month for meter rental, but if such price shall exceed ten dollars per month, no charge shall be made for such meter rental. The said maximum water rates hereinabove set forth shall be in force and effect for a period of ten years from the date hereof. The said maximum water rates, after the expiration of said period of ten years, shall be fixed by a board of four persons, two to be appointed by the authorities of said town, two by the second party herein, and if said board shall fail to agree on a rate, they are hereby authorized to select a fifth member, and the decision of said board shall be final and binding upon the parties hereto. It is further agreed between the parties hereto, that a rate shall be fixed in the manner herein provided every ten years from the date hereof. Sixth-That the said party of the second part shall charge not more than $6 per season for sprinkling one lot of the dimensions of 100 feet by 25 feet or less and for the sprinkling of each additional adjacent lot or portion thereof owned by the same person not more than $5 per season. Seventh-That the said party of the second part shall furnish and supply water to said town for sprinkling-wagons during the dry season of the year, for the purpose of sprinkling the streets of said town, free of any cost to said town, and stand pipes for supplying said wagons with water shall be constructed and maintained at the expense of said party of the second part at such reasonable place or places on established mains or pipes as may be required by the lawfully established municipal legislative body of said town. Eighth-That the said party of the second part shall furnish and supply water to the Court House, hospitals, City Hall and school houses in said town and its additions free of any cost to said town, or its additions, or to said County of White Pine, State of Nevada, during the life of this instrument; provided, that the cost of all taps, pipes and plumbing necessary to connect said public buildings with mains or pipes of the said party of the second part then existing shall be borne by the said town, or its additions, or by said county, as the case may be. Ninth-That the said party of the second part shall not charge a greater sum than the sum of $6 for the making of each and every tap made to its pipes and mains by any of the residents, householders and business men of said town and its additions. Tenth-That said party of the second part shall maintain water at an elevation at least as high as the present Chainman tank, now located on the hill above the Court House in said town, sufficient to supply three fire streams each through a one-inch ring nozzle and one hundred feet of two and one-half inch hose attached to any three fire hydrants in said town or its additions. |
κ1907 Statutes of Nevada, Page 49 (CHAPTER 25)κ
water at an elevation at least as high as the present Chainman tank, now located on the hill above the Court House in said town, sufficient to supply three fire streams each through a one-inch ring nozzle and one hundred feet of two and one-half inch hose attached to any three fire hydrants in said town or its additions. Eleventh-That at the expiration of this grant, the said town shall have the right to buy and purchase said water system at a price to be agreed upon and fixed by a board of ten persons, five to be appointed by the authorities of said town, and five to be appointed by the second party, and if the board fails to agree, they shall select three additional members, and the decision of said board shall be final. If said town shall refuse or relinquish its right to purchase said water system, as set forth in the last preceding paragraph, then the said grant shall be renewed and the said board mentioned in the last preceding paragraph shall have the right to fix terms, conditions, covenants and agreements for the renewal thereof. Twelfth-That immediately after the execution of these presents that certain grant made on the 29th day of January, 1907, between the parties hereto, shall be absolutely null and void and of no force or effect whatsoever. Thirteenth-That the grant, rights, franchise and privileges herein specified and the terms, conditions, and covenants herein contained shall inure to the benefit of and shall be binding upon the successors of the parties hereto and upon the assigns of the said party of the second part. Fourteenth-That upon the failure of said second party to carry on any of the terms and conditions herein contained, this grant may be immediately declared forfeited by said party of the first part or its successors; provided, that this instrument shall not be rendered subject to forfeiture or the rights hereby granted be in anywise affected by any delay or failure of the said party of the second part, or its successors or assigns, to comply with the conditions hereof when such delay or failure shall be caused by strikes, the elements, acts of God, or any unavoidable cause or causes. In Witness Whereof, Said parties of the first part have duly caused these presents to be executed the day and year first above written. Town of Ely, Nevada, By Board of County Commissioners of White Pine County, Nevada, by A. L. Parker, Chairman. Board of County Commissioners of White Pine County, Nevada, by A. L. Parker, Chairman.
On this 16th day of February, A. D. 1907, before me, a Notary Public in and for said county and State, personally appeared A. |
Agreement between White Pine County Commissioners and Ely Water Company. |
κ1907 Statutes of Nevada, Page 50 (CHAPTER 25)κ
Agreement between White Pine County Commissioners and Ely Water Company. |
appeared A. L. Parker, personally known to me and known by me to be the Chairman of the Board of County Commissioners of the County of White Pine, State of Nevada, and the person described in, whose name is subscribed to and who executed the foregoing instrument as such Chairman, and he acknowledged to me as such Chairman of said Board and as the act and deed of said County Commissioners and also as the act and deed of the Town of Ely in said county, he executed the same freely and voluntarily and for the uses and purposes therein mentioned. In Witness Whereof, I have hereunto subscribed my name and affixed my official seal the day and year in this certificate first above written. [Notarial Seal.] Chas. S. Chandler, Notary Public in and for the County of White Pine, State of Nevada.
I, J. F. Miles, ex officio Clerk of the Board of County Commissioners of White Pine County, Nevada, do hereby certify as follows: That at a duly adjourned regular meeting of said Board held in Ely, Nevada, on the 16th day of February, 1907, at which meeting all of the members of said Board were present and participating, the following resolution was duly adopted:
Resolution. Be it resolved. That the Chairman of this Board is hereby authorized, empowered and directed to execute, acknowledge and deliver to the Ely Water Company, a corporation of the State of Maine, the indenture which is attached hereto and hereby made a part of this resolution, granting a franchise to supply the Town of Ely and its additions with water for domestic, fire, municipal and general purposes for the use of said town and its additions, and for the use of the residents, householders and business people thereof; and further granting the right to use and purchase the pipes, mains, hydrants and connections already laid and existing in said town. In Witness Whereof, I have hereunto set my hand and affixed the official seal of said Board this 16th day of February, A.D. 1907. [Seal.] J. F. Miles, Ex officio Clerk of the Board of County Commissioners. By F. D. Oldfield, Deputy Clerk.
Now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The said contract and grant hereinabove set forth and the action of the Board of County Commissioners and of the said town in authorizing, entering into and executing the same are hereby ratified, sanctioned, approved, confirmed and declared valid; and the said Ely Water Company is hereby granted the right, privilege and franchise to supply the said Town of Ely, as described and bounded in said contract and grant, and the Town of Ely City, as shown upon the plat thereof, filed in the office of the Recorder of said county, and any and all additions that may hereafter be made thereto, and the residents, inhabitants and people of said towns, with water for domestic, municipal, irrigation, fire protection and general purposes and to charge rentals therefor; and to excavate for, install and maintain water pipes, mains and laterals, together with all necessary or proper connections, valves and hydrants under and along any and all of the streets, avenues, alleys, highways and public parks of said towns; which said right, privilege and franchise shall be held, exercised and enjoyed, within the said Town of Ely and its additions, subject to, in accordance with, and for the length of time prescribed by the terms, covenants, provisions, agreements and conditions of the said contract and grant. |
κ1907 Statutes of Nevada, Page 51 (CHAPTER 25)κ
and of the said town in authorizing, entering into and executing the same are hereby ratified, sanctioned, approved, confirmed and declared valid; and the said Ely Water Company is hereby granted the right, privilege and franchise to supply the said Town of Ely, as described and bounded in said contract and grant, and the Town of Ely City, as shown upon the plat thereof, filed in the office of the Recorder of said county, and any and all additions that may hereafter be made thereto, and the residents, inhabitants and people of said towns, with water for domestic, municipal, irrigation, fire protection and general purposes and to charge rentals therefor; and to excavate for, install and maintain water pipes, mains and laterals, together with all necessary or proper connections, valves and hydrants under and along any and all of the streets, avenues, alleys, highways and public parks of said towns; which said right, privilege and franchise shall be held, exercised and enjoyed, within the said Town of Ely and its additions, subject to, in accordance with, and for the length of time prescribed by the terms, covenants, provisions, agreements and conditions of the said contract and grant. |
Foregoing contract ratified. |
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Chap. XXVI.An Act to pay the deficiencies in the appropriation for support of the State Orphans Home for the years 1905 and 1906.
[Approved February 27, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand five hundred and ninety-three dollars and fifty-five cents ($2,593.55) is hereby appropriated out of any moneys in the General Fund of the of State for the payment of deficiencies in the appropriation for support of the State Orphans Home for the years 1905 and 1906, as follows: Employees, salary of, State Orphans Home, $440; Chas. Kelly Co., $401.64; W. H. Chedic, $53.63; Eagle Meat Market, $7.75; Nevada Meat Co., $47.55; E. J. Walsh, $17.18; Meyers Mercantile Co., $184.67; J. Kelly Co., $23.25; Carson City News, $12; J. D. R. Corbett, $160.30; A. J. Millard, $23.40; J. Reudy, $22.70; The Emporium, $54; E. Burlington, $16.25; F. W. Day. $35.85; C.F. Cutts, $17.35; Hop Wah Yen, $25.50; Mrs. John Wagner, $13.15; Western Union Telegraph Co., 50 cents; Grey, Reid, Wright Co., $12.10; Frank Danhauser, $186.40; Emil Peterson, $9.63; Electric Light Co., $80; Joe Josephs, $187.20; Mrs. Joe Josephs, $166.70; Daily Appeal, $8; Boston Bakery, $3.50; O. T. Schulz, $10.95; J. Hagerty, $7.50; J. Tinney, $29; Davey & Maish, $2.15; John Muldoon, $10.50; Steve Belli, $32.50; Fred Trimmer, $35; Carson Stationery and Novelty Co., $5.10, M. A. Downey, $6; Telephone Co., |
Appropriation to pay deficiencies of State Orphans Home. |
κ1907 Statutes of Nevada, Page 52 (CHAPTER 26)κ
Duties of Controller and Treasurer. |
Co., $2; W. H. Cavell, $30; W. Keyser, $1.25; H. Marquart. $20.75; F. J. Steinmetz, $8; J. E. Richardson, $20.30; C. L Kitzmeyer, $4.10; H. Millard, $156.25; A. Bergman, $2. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
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Board of Control to consist of three members.
Qualifications.
Compensation.
Members to take official oath. Meetings
Appropriation. |
Chap. XXVII.An Act providing for certain changes in the control and management of the State Agricultural Experiment Farm, located at Logan, Lincoln County, Nevada, and making an appropriation therefor.
[Approved February 28, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Control of the State Agricultural Experiment Farm located at Logan, Lincoln County, Nevada, shall consist of three members, to be appointed by the Governor of the State, within thirty days after the approval of this Act. Two members of said Board of Control shall be practical farmers, residing within the county in which said State Agricultural Experiment Farm is located, and the third member of said Board shall be a professor in the Agricultural Department of the State University, and a member of the Nevada Agricultural Experiment Station. The two resident members of said Board of Control shall receive for their services a compensation of ten dollars per month, and the member of said Board who is connected with the State University and Nevada Agricultural Experiment Station, shall receive his actual traveling expenses, and the same shall be paid when approved by the State Board of Examiners. They shall hold their office for a term of two years from the date of their appointment, and their successors shall be appointed in like manner. The Governor may make, from time to time, such changes in the personnel of said Board of Control as he may deem necessary. Sec. 2. The members of said Board of Control, before entering upon the duties of their office, shall qualify by taking the oath of office before some officer authorized to administer such oaths. They shall hold meetings at said State Agricultural Experiment Farm on the first Monday of each month, or oftener, if deemed expedient, and two members shall constitute a quorum for the transaction of business. Sec. 3. For the purpose of maintaining said State Agricultural Experiment Farm for the years 1907 and 1908, and for the erection of such buildings as may be necessary, the sum of ten thousand ($10,000) dollars is hereby appropriated out of any moneys in the General Fund of the State Treasury, not otherwise appropriated, and the State Controller is hereby directed to draw his warrant upon the State Treasurer in favor of the claimants under this appropriation, when their claims have been approved by the Board of Control, and by the State Board of Examiners, and the State Treasurer is hereby directed to pay the same. |
κ1907 Statutes of Nevada, Page 53 (CHAPTER 27)κ
priated out of any moneys in the General Fund of the State Treasury, not otherwise appropriated, and the State Controller is hereby directed to draw his warrant upon the State Treasurer in favor of the claimants under this appropriation, when their claims have been approved by the Board of Control, and by the State Board of Examiners, and the State Treasurer is hereby directed to pay the same. Sec. 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
Repeal. |
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Chap. XXVIII.An Act relating to the custody of the State Armory Building and grounds.
[Approved February 28, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Adjutant-General of the State of Nevada is hereby made the custodian of the State Armory Building and grounds. |
Adjutant-General custodian of State Armory Building. |
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Chap. XXIX.An Act to amend section ten of an Act entitled An Act to amend an Act entitled An Act to incorporate Carson City, approved February 25, 1875; approved March 2, 1877; approved March 5, 1879; approved March 6, 1889.
[Approved February 28, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section ten of the above-entitled Act is hereby amended so as to read as follows: Section 10. The Board of Trustees shall have the following powers: First-To institute and maintain any suit or suits of said city in the proper court or courts whenever, in their judgment, necessary to enforce or maintain any right or rights of said city, and they may, in like manner, defend all actions brought against said city. Second-They shall annually levy a tax of not less than one-quarter of one per cent, and not exceeding three-fourths of one per cent, on all the assessed value of all the real and personal property situated in said city, and by law made taxable for State and county purposes. Third-To lay out, extend and change the streets and alleys in said city, and to provide for the grading, draining, cleansing, widening, lighting or otherwise improving the same; also to provide for the construction, repair, preservation, grade and width of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets, alleys and sidewalks, drains and sewers of said city; provided, that said Board of Trustees may, in its discretion, assess the cost of any part thereof for improving any street or repairing or building any sidewalk, street, drain or sewer, to the owner or owners of any property in front of which said street or sidewalk, or proposed sidewalk is or will be, and may make such cost of building, repairing or improvement a lien upon such property; provided further, that said cost of building, repairing or improving any street or sidewalk, drain or sewer, which may be so as aforesaid assessed to the owner of, and made a lien upon, the property in front of which the same is, or will be, shall in no case exceed thirty per cent of the assessed value of such property, as the same shall appear from the last annual assessment thereof made for State and county taxation purposes, next preceding the time of making such street or sidewalk, drain or sewer, or repairing or improving the same, as the case may be. |
Amending charter of Carson City.
Taxes.
Duties of Trustees. |
κ1907 Statutes of Nevada, Page 54 (CHAPTER 29)κ
Duties of Trustees.
Fire protection.
Regulating storage of explosives.
Nuisances.
Licenses. |
streets, alleys and sidewalks, drains and sewers of said city; provided, that said Board of Trustees may, in its discretion, assess the cost of any part thereof for improving any street or repairing or building any sidewalk, street, drain or sewer, to the owner or owners of any property in front of which said street or sidewalk, or proposed sidewalk is or will be, and may make such cost of building, repairing or improvement a lien upon such property; provided further, that said cost of building, repairing or improving any street or sidewalk, drain or sewer, which may be so as aforesaid assessed to the owner of, and made a lien upon, the property in front of which the same is, or will be, shall in no case exceed thirty per cent of the assessed value of such property, as the same shall appear from the last annual assessment thereof made for State and county taxation purposes, next preceding the time of making such street or sidewalk, drain or sewer, or repairing or improving the same, as the case may be. Fourth-To condemn property for the use of the said city in the manner hereinafter provided. Fifth-To provide for the prevention and extinguishment of fires, and to organize, establish, regulate and disband fire or hose companies in said city. Sixth-To regulate or prohibit the storage of gunpowder and other explosive or combustible materials within the limits of said city. Seventh-To determine by ordinance what shall be deemed nuisances within the limits of said city, and provide for the punishment, removal and prevention of the same. Eighth-To fix and regulate a license upon and regulate all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements within said city; to fix and regulate and collect a license tax upon and regulate all taverns, hotels, restaurants, eating houses, boarding-houses, lodging-houses, saloons, bar-rooms, bankers, brokers, gold dust or bullion dealers, manufactories, livery stables, livery stable keepers, express companies, persons or corporations engaged in carrying letters or packages, railroad and stage companies, or the owners of railroads, stages or stage lines, having an office, agency or place of business in said city, or running through said city; to license, tax and regulate auctioneers and stock brokers within said city; to license, tax, regulate or prohibit all tippling houses, dram shops, saloons; and license, tax and regulate all hawkers and peddlers (except the hawkers and peddlers of the agricultural products of the State), pawn-brokers, refreshment and coffee stands, booths and sheds within the city; to regulate or prohibit prostitution within the city; to license, tax, regulate or prohibit prostitutes, houses of ill-fame, unlicensed and disorderly houses, gaming houses, hurdy-gurdy houses, or dance houses, within the city; to levy and collect an annual per capita tax on all dogs within said city, and to provide for the destruction of all dogs upon which said tax shall not have been paid, and to prevent all other animals from running at large in said city, and to fix and have collected a license tax on all trades, professions and classes of business carried on in said city and not hereinbefore specified. |
κ1907 Statutes of Nevada, Page 55 (CHAPTER 29)κ
the destruction of all dogs upon which said tax shall not have been paid, and to prevent all other animals from running at large in said city, and to fix and have collected a license tax on all trades, professions and classes of business carried on in said city and not hereinbefore specified. Ninth-To provide for the issuance of all licenses in this Act specified or permitted to be issued, and to fix the amount thereof, and the times for which and the terms upon which the same shall be issued. Tenth-To punish, restrain and prevent any disorderly conduct within the city. Eleventh-To hold, manage, use and dispose of all real and personal property of said city, and to enforce the payment and collection of all dues and demands belonging or inuring to said city; but no sales of any such property shall be made until after it shall have been appraised by three appraisers, taxpayers of said city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value. Twelfth-To fix and prescribe the punishment for the breach of any ordinance of said city adopted by said Board of Trustees to be enforced therein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but in case of imprisonment, any person committed for punishment after conviction, may be made to work during the term of such imprisonment on any public works of said city, and the City Marshal or Street Inspector may use any lawful means to prevent the escape of such prisoners while so at work, or while going to or from such work. Thirteenth-To establish a Board of Health, to prevent the introduction and spread of disease. Fourteenth-To adopt and pass all ordinances, resolutions, rules, and orders, and to do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this Act, and to audit and allow all claims properly payable out of the treasury of said city; provided, said Board shall not have power to audit or allow any claim whatsoever unless there be sufficient funds in the treasury to pay the same at the time of such allowance. Any property, real or personal, necessary for the public use of said city, may be condemned and appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimant or claimants, or owner or owners of the property to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property, or claimants interest therein, then the two so appointed shall select a third referee, and the decision of the majority of such three as to the valuation of the property, or interest therein, by them appraised shall be reported to the Board of Trustees and may by them be regarded as final and binding, and upon the tender in gold coin of the United States of the sum named by said appraisers for said property to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest therein appraised, shall become and be the property of the city; and the said Board of Trustees may at any time, after twenty days notice, cause the Marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. |
Amount of licenses.
Control of property.
Penalties for breaches of ordinances.
Health.
Adoption and execution of ordinances, etc.
Condemnation of property. |
κ1907 Statutes of Nevada, Page 56 (CHAPTER 29)κ
Condemnation of property.
Police regulations.
Repeal. |
regarded as final and binding, and upon the tender in gold coin of the United States of the sum named by said appraisers for said property to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest therein appraised, shall become and be the property of the city; and the said Board of Trustees may at any time, after twenty days notice, cause the Marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned as herein provided, shall refuse or neglect for twenty days, when required by the Board of Trustees of the city to appoint a referee to value such property, the said Board of Trustees shall constitute a Board of Appraisers of such property, and their valuation shall be final and binding; but no act of condemnation of property, or any claim or interest therein, as herein provided, shall be deemed or held as an admission on the part of the city of the legality of the asserted claim thereto or right therein, and in the condemnation of property, as in this Act provided, the referees or the Board of Trustees, as the case may be, shall consider whether the proposed improvements for which such property is to be condemned will be of any benefit to the person owning or claiming the said property, or some interest therein, and if they find the same will be of any benefit to such person or persons, they shall estimate the value of such benefit to him or them, or to such person or persons, and deduct the amount thereof from the estimated value of the property or interest therein condemned. Fifteenth-To cause the City Marshal to appoint one or such number of policemen as the Board of Trustees shall from time to time determine, who shall be under the direction and control of the Marshal, as head of the police force of said city, but such appointment shall be of no validity whatever until the same shall have been approved by said Board of Trustees, and the said Board of Trustees shall have power to remove any such policeman from office at pleasure, upon good cause shown, and, upon a charge being preferred, to suspend until the same shall have been passed upon finally. Sec. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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κ1907 Statutes of Nevada, Page 57κ
Chap. XXX.An Act to authorize the Board of County Commissioners of Esmeralda County to issue bonds for the purpose of creating a fund for the erection and furnishing of county buildings in the Town of Goldfield.
[Approved February 28, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Esmeralda County, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county, after the first day of March, 1907, for an amount not exceeding the sum of one hundred thousand dollars, exclusive of interest, for the purpose of providing funds for the obtaining of premises and erection and furnishing of a court house and jail, and necessary county buildings in the Town of Goldfield in said county. Sec. 2. Prior to the first Monday in May, 1907, the Board of County Commissioners of said county shall cause said bonds to be prepared and ready for issuance. Said bonds shall be signed by the Chairman of the Board, countersigned by the County Treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bonds, and each of such coupons shall be consecutively numbered, and signed by the Chairman of said Board and the County Treasurer. Sec. 3. The Clerk of the Board of County Commissioners shall keep a record of all proceedings under the provisions of this Act, showing the number and date of each bond and to whom issued. Sec. 4. The Board of County Commissioners of Esmeralda County are hereby authorized and directed to negotiate the sale of said bonds by advertising for sealed proposals or by private sales, as they may deem for the best interest of the county; provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin. Sec. 5. Said bonds shall be each in the sum of one thousand dollars. They shall be numbered from one to one hundred consecutively; and the interest on the same shall not exceed seven per cent per annum, payable annually on the first Monday in January in each year at the office of the County Treasurer of said Esmeralda County, and in no case shall any of said bonds run for a longer period than ten years. Sec. 6. For the purpose of creating a fund for the payment of the bonds authorized by this Act and the interest thereon, the Board of County Commissioners of Esmeralda County are hereby authorized and required to levy and collect annually a special tax on the assessed value or all property, both real and personal, including proceeds of mines within the boundaries of said Esmeralda County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire ten of said bonds annually after the first Monday in January, 1908. |
Bonds for county buildings in Esmeralda County.
Regulations for bonds.
County Clerk to keep record.
Commissioners to negotiate sale of bonds.
Denominations.
Court House Bond Fund. |
κ1907 Statutes of Nevada, Page 58 (CHAPTER 30)κ
Payment of interest and retirement of bonds.
Residue to revert.
Cancelation.
Faith of State pledged. |
within the boundaries of said Esmeralda County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire ten of said bonds annually after the first Monday in January, 1908. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereon shall be kept by the County Treasurer in a special fund to be known as the Court House bond fund. Sec. 7. It shall be obligatory on said county and its proper officers to fully pay the interest on said bonds annually, and to fully pay and retire ten of said bonds on the first Monday in January, 1908, beginning with the first number thereof and so on consecutively, and on the first Monday of January of each year thereafter, until said bonds and the interest thereon are fully paid, canceled and retired, to pay and retire ten of said bonds in such manner. Sec. 8. Whenever the bonds and interest provided for in this Act shall have been fully paid the tax authorized by this Act shall cease, and all moneys remaining in said bond fund shall, by order of the Board of County Commissioners, be transferred to the General Fund of said county. Sec. 9. Whenever the County Treasurer shall pay anything on the bonds issued under the provisions of this Act, he shall cancel the same by writing across the face thereof, Paid, together with the date of such payment, sign his name thereto and turn the same over to the County Auditor, taking his receipt therefor, which receipt shall be filed with the Clerk of the Board of County Commissioners, and the Auditor shall credit the Treasurer on his books with the amount so paid. Sec. 10. The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor taxation thereto imposed omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full, as in this Act specified. |
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Certain Lincoln County officers. |
Chap. XXXI.An Act fixing the fees and compensation of Justices of the Peace, Coroners and Constables in and for the County of Lincoln.
[Approved March 4, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the passage and approval of this Act, the Justices of the Peace, Coroners, and Constables in and for the County of Lincoln shall receive the same fees and compensation as provided in Section 2461, 2462, and 2466 of an Act entitled An Act to regulate fee and compensation for official and other services in the State of Nevada, as approved March 9, 1865. |
κ1907 Statutes of Nevada, Page 59 (CHAPTER 31)κ
pensation for official and other services in the State of Nevada, as approved March 9, 1865. Sec. 2. For the purpose of carrying out the provisions of this Act, all Acts and parts of Acts in conflict herewith are hereby repealed; provided, however, that such repeal shall only relate to and be effective in and for the County of Lincoln. |
Only to affect Lincoln County. |
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Chap. XXXII.An Act to provide for the appointment of stenographers upon the hearing of preliminary examinations before committing magistrates in this State, and to regulate the compensation therefor.
[Approved March 4, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all preliminary examinations or criminal proceedings before any committing magistrate in this State where the defendant or defendants are charged with the crime of felony, such magistrate, if he deems it necessary for the best interests of justice, is hereby authorized to employ a stenographer to take down all the testimony and the proceedings on said hearing or examination, and within such time as the court may designate have the same transcribed into longhand or typewritten transcript. The stenographer employed as aforesaid shall be sworn by the magistrate before whom such proceedings are held to take down in shorthand, verbatim, truthfully and correctly, such proceedings and testimony, and to make a true and correct transcript of the same into longhand or typewritten transcript; and said stenographer shall make affidavit before some official qualified to administer an oath that the evidence and proceedings so transcribed are true and correct as given and had, and attach the same to the transcript. Sec. 2. When such report is made, the same, when transcribed and sworn to as aforesaid, shall be deemed a correct statement of the evidence and proceedings given and had therein, and shall be admissible in evidence on the trial of the case, as prescribed in Section 151 of the Criminal Practice Act of the State of Nevada. Sec. 3. The compensation for the said stenographer for taking down the said testimony and transcribing the same shall be fixed by the Court hearing the same, and on the order of the Court be paid out of the treasury of the county in which the same is heard. Sec. 4. All Acts or parts of Acts in conflict herewith are hereby repealed. Sec. 5. This Act shall take effect immediately. |
Magistrates may employ stenographers in preliminary examinations.
Stenographers report deemed correct evidence.
Compensation of stenographer.
Repeal. In effect. |
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κ1907 Statutes of Nevada, Page 60κ
Governors mansion authorized.
Mode of securing site.
Proviso.
Plans.
Capitol Commissioners to supervise construction. |
Chap. XXXIII.An Act to provide for the selection of grounds at Carson City, Ormsby County, Nevada, and for the erection thereon of a Governors mansion, to be used as the home of the State Executive.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of forty thousand ($40,000) dollars is hereby appropriated out of any money of the General Fund in the Nevada State Treasury, not otherwise appropriated, for the purpose of erecting and constructing at Carson City, Ormsby County, Nevada, a Governors mansion, to be used as the home of the State Executive. Sec. 2. It shall be the duty of the State Board of Capitol Commissioners to erect said building upon a site selected by the people and inhabitants of the City of Carson at a regularly called mass meeting, of which at least five days notice must be given in both of the daily newspapers published in said city; provided, that title to said lot, tract or piece of land selected at said meeting as a site upon which to erect said mansion shall be conveyed or cause to be conveyed by the people and inhabitants of the City of Carson to the State of Nevada by good and sufficient deed of conveyance; and provided further, that said lot, tract or piece of land and the title thereto shall be conveyed to the said State of Nevada at and for a cost and consideration not to exceed ten ($10) dollars. A duly authenticated copy of the minutes of said mass meeting, duly subscribed by the chairman and secretary of said meeting, choosing, designating and selecting said site, and filed with the Secretary of said Board of Capitol Commissioners on or before sixty days after the approval of this Act, shall constitute the final choice of the inhabitants and people of Carson City, Nevada, as a site upon which to construct said mansion. Sec. 3. Within ninety days after the approval of this Act it shall be the immediate duty of the State Board of Capitol Commissioners to order and have made suitable plans for said mansion, said plans to be approved and accepted by the Board not later than sixty days after the selection of said site by the people and inhabitants of Carson City, Nevada. Said building shall be complete and ready for occupancy on or before the first day of December, 1907, strikes, unavoidable delays and acts of God excepted. Sec. 4. The Board of Capitol Commissioners shall have charge in the management of said building during construction, and shall have the same constructed, and shall have the power and authority to accept and approve plans therefor; provided, that the building of said mansion and the furnishing of said material to be used in the construction thereof shall be let to the lowest responsible bidder, and the Board shall advertise for bids for a period of at least thirty days. |
κ1907 Statutes of Nevada, Page 61 (CHAPTER 33)κ
shall advertise for bids for a period of at least thirty days. The persons or person to whom shall be awarded any contract hereunder shall furnish a bond with approved sureties in sum to be fixed by the Board, which bond shall be conditioned upon the full and faithful performance of said contract. The Board of Capitol Commissioners shall have the power to reject any and all bids. Sec. 5. The plans and specifications for said building, having been approved and accepted by the Board of Capitol Commissioners, shall remain in effect as adopted, and no change or variation from said specifications and plans shall be made whereby the contractor shall have or be entitled to any additional allowance to the amount named in the contract. Sec. 6. The materials used in the construction of said building shall be the best of their several kinds obtainable, and shall be approved and adopted by the Board of Capitol Commissioners. Sec. 7. The Board of Capitol Commissioners shall have the power to regulate the manner of payment and the several amounts to be paid to the contractor in separate installments as work on the building progresses, and upon the completion and acceptance of the building the entire amount shall be paid. Sec. 8. All claims or demands for the construction of or against the said building shall be audited and paid as other claims against the State. |
No change in plans.
Materials.
Regulation of payment of claims.
To be paid as other claims. |
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Chap. XXXIV.An Act fixing the salaries and compensation of certain attaches of the Government of the State of Nevada.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the approval of this Act the following salaries shall be paid to the following-named attaches of the State Government: To the Governors Private Secretary, two thousand dollars per annum, and he shall act as Clerk of the Board of State Capitol Commissioners, Board of Pardons, and State Board of Assessors without further compensation. To the Deputy Secretary of State, two thousand dollars per annum, and he shall act as Clerk of the Board of Examiners and of the State Prison Commissioners without further compensation. To the Typist in the Secretary of States office, twelve hundred dollar per annum. To the Assistant Librarian, twelve hundred dollars per annum. To the Deputy State Controller, two thousand dollars per annum, and he shall act as Clerk of Board of State Printing Commissioners without further compensation,
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Increasing salaries of Deputies and attaches. |
κ1907 Statutes of Nevada, Page 62 (CHAPTER 34)κ
Increasing salaries of Deputies and attaches.
Repeal. |
annum, and he shall act as Clerk of Board of State Printing Commissioners without further compensation, To the Typist in the State Controllers office, twelve hundred dollars per annum. To the Deputy Surveyor-General and State Land Register, two thousand dollars per annum, payable out of the General Fund. To the Draughtsman in the State Land Registers office, two thousand dollars per annum, payable out of the General Fund. To the Typist in the State Land Registers office, twelve hundred dollars per annum, payable out of the General Fund. To the Deputy State Treasurer, two thousand dollars per annum, and he shall act as Clerk of the Board of Commissioners for the Care of the Indigent Insane without further compensation. To the Typist in the Attorney-Generals office, twelve hundred dollars per annum. To the Typist in the Superintendent of Public Instructions office, twelve hundred dollars per annum. Sec. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Traveling and other expenses of District Judges.
Limit. |
Chap. XXXV.An Act to amend section seven of an Act entitled An Act to redistrict the State of Nevada, prescribe the number and salaries of District Judges, and fix the places of holding courts, the same being Section 2572 of the Compiled Laws of Nevada, 1900.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven of said Act is hereby amended to read as follows: Section 7. In addition to the salary provided by law, each District Judge shall be entitled to receive his necessary expenses in going to and returning from the place of holding court, his traveling expenses when traveling by private conveyance, to be estimated at the usual amounts charged by public conveyance, and also his necessary expenses at the place of holding court when holding court in any county other than that of his residence, said expenses to be allowed and paid as other claims against the State, but in no case shall such expenses exceed the amount of one thousand ($1,000) dollars per annum for each Judge. |
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κ1907 Statutes of Nevada, Page 63κ
Chap. XXXVIAn Act to amend an Act entitled An Act relating to the National Guard and the enrolled militia, approved March 6, 1893.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-six of said Act is hereby amended so as to read as follows: Section 46. The military staff of the Commander-in-Chief shall consist of one Adjutant-General, with the rank of Brigadier-General; thirty-six Aids-de-Camp, each with the rank of Lieutenant-Colonel; one Chief Engineer, one Paymaster-General, one Judge-Advocate General and one Surgeon-General, each with the rank of Colonel; two standard bearers and a standard guard of two, each with the rank of Sergeant-Major. |
Increasing Governors Staff. |
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Chap. XXXVII.An Act to regulate the sale of State law books.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of State is directed to sell Nevada law books at the following rates: Nevada Reports, two dollars and twenty-five cents a volume; Nevada and Sawyers Digest (1878), one dollar a volume; Compiled Laws of Nevada (1861-1900), six dollars a volume; Statutes of Nevada, two dollars a volume during the two years immediately succeeding the date of publication, and at the expiration of two years, one dollar a volume; provided, that the Secretary of State is not authorized to sell at one time to any one person or firm more than five copies of any one volume of said publications. |
Prices of State law books. |
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Chap. XXXVIII.An Act to continue the right and grant conferred under and by virtue of an Act entitled An Act to supply the Town of Austin with water, approved February 16, 1864, and an Act to extend the time of said franchise, approved February 23, 1893, for fifteen years from the first day of March, 1908.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the right given to Isaac C. Bateman, his associates and assigns, in the Act entitled An Act to supply the Town of Austin with water, approved February 16, 1864, and an Act to extend the time of said franchise, approved February 23, 1893, shall be, and the same is hereby, extended for the term of fifteen years from the first day of March, nineteen hundred and eight, subject, however, to all the conditions, regulations, restrictions and provisions contained in said Act above referred to, except those provisions in relation to the purchase of the works and privileges therein granted. |
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κ1907 Statutes of Nevada, Page 64 (CHAPTER 38)κ
Extension of franchise for supplying the Town of Austin with water.
Town of Austin may purchase said waterworks. |
16, 1864, and an Act to extend the time of said franchise, approved February 23, 1893, shall be, and the same is hereby, extended for the term of fifteen years from the first day of March, nineteen hundred and eight, subject, however, to all the conditions, regulations, restrictions and provisions contained in said Act above referred to, except those provisions in relation to the purchase of the works and privileges therein granted. Sec. 2. The Town of Austin shall have the right, on giving three months notice of its intention so to do, to purchase all the works and privileges hereby granted, which may be in use for supplying water to said town, at their true value, to be determined by three appraisers; one to be selected by the owners of said grant and works, one by the authorities of the Town of Austin, and the third by the two appraisers so selected, and their decision shall be final; provided, that in case of such appraisement the unexpired term of such privilege or franchise hereby granted shall be appraised at a sum not to exceed five dollars. |
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Limiting tax rate in certain towns and cities.
Certain Act not applicable.
Repeal. |
Chap. XXXIX.An Act limiting the tax rate in all the towns and cities of this State polling at the last general election from eight hundred and fifty votes to nine hundred and ten votes.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all the towns and cities of this State polling at the last general election from eight hundred and fifty votes to nine hundred and ten votes the tax rate for town and city purposes shall not exceed one dollar and fifty cents on the one hundred dollars of assessed valuation. Sec. 2. Section one and section two of an Act entitled An Act relating to the government of towns and cities and limiting the tax rate thereof, approved March 20, 1903, shall not apply to any town or city of this State polling at the last general election from eight hundred and fifty to nine hundred and ten votes. Sec. 3. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
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Chap. XL.An Act authorizing Lincoln County to fund and refund its existing indebtedness, and to repeal all Acts and parts of Acts in conflict herewith.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Lincoln County, Nevada, by an affirmative vote of a majority of the members thereof, are hereby empowered to fund and refund all existing indebtedness of said county which has accrued under an Act entitled An Act to consolidate and fund the indebtedness of Lincoln County, approved February 17, 1873; provided, that said indebtedness can be refunded for an amount equal to sixty-five per cent of the amount of said indebtedness, principal and interest computed to and stated as of June 1, 1907, and said Board of County Commissioners of Lincoln County may issue the negotiable bonds of said county therefor, in denominations of one thousand dollars each, having not less than ten years and not more than thirty years to run and bearing interest at the rate of four per cent per annum, payable semi-annually, which bonds shall be lithographed and consecutively numbered, and shall be substantially in the following form:
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κ1907 Statutes of Nevada, Page 65 (CHAPTER 40)κ
coln County, Nevada, by an affirmative vote of a majority of the members thereof, are hereby empowered to fund and refund all existing indebtedness of said county which has accrued under an Act entitled An Act to consolidate and fund the indebtedness of Lincoln County, approved February 17, 1873; provided, that said indebtedness can be refunded for an amount equal to sixty-five per cent of the amount of said indebtedness, principal and interest computed to and stated as of June 1, 1907, and said Board of County Commissioners of Lincoln County may issue the negotiable bonds of said county therefor, in denominations of one thousand dollars each, having not less than ten years and not more than thirty years to run and bearing interest at the rate of four per cent per annum, payable semi-annually, which bonds shall be lithographed and consecutively numbered, and shall be substantially in the following form: No. ............ The County of Lincoln in the State of Nevada, for value received, promises to pay to ..................................., or bearer, at the office of the Treasurer of said county, in ................................. on or before the first day of ....................................., 19....., (thirty years after date, or at any time before that date and after ten years from the date hereof) at the pleasure of the county, the sum of ........................... dollars in United States gold coin, with interest at the rate of four per cent per annum, payable at the office of said Treasurer semiannually on the first days of June and December of each year, on presentation and surrender of the interest coupons hereto attached. This bond is issued by the Board of County Commissioners in conformity to a resolution of said Board, dated the ............ day of ............................, 1907, and under authority conferred upon said Board by the provisions of an Act of the Legislature of Nevada, entitled An Act authorizing Lincoln County to fund and refund its existing indebtedness, and to repeal all Acts and parts of Acts in conflict herewith, approved ............................., 19........ (Insert date of approval of this Act). In testimony whereof, the said county, by its Board of County Commissioners, has caused this bond to be signed by the Chairman of the Board, and attested by the County Clerk under the seal of said county, and countersigned by the County Auditor, this ......... day of ...................................., 19........ ...................................................... , Chairman of the Board of County Commissioners. Countersigned: .............................., County Auditor. ..............................., County Clerk. The semi-annual interest upon said bonds shall be represented and promised according to the coupons attached to said bonds, providing for the semi-annual payment of said interest on the same, and shall be in the following form: The Treasurer of Lincoln County, Nevada, will pay to the holder hereof, on the ......... |
Funding indebtedness of Lincoln County.
Form of bond. |
κ1907 Statutes of Nevada, Page 66 (CHAPTER 40)κ
Form of interest coupon.
County Treasurer custodian of bonds.
New bonds issued, when and how |
holder hereof, on the ......... day of ............................, 19......, at his office in ....................................., the sum of ................................ dollars, United States gold coin, for interest to that day on County Bond No. ....... ................................................................. Chairman of the Board of County Commissioners. Countersigned: .............................., County Auditor. ..............................., County Clerk.
Sec. 2. Whenever bonds issued under this section shall be duly executed, numbered consecutively and sealed, they shall be delivered to the County Treasurer and his receipt taken therefor, and he shall stand charged on his official bond with all bonds delivered to him and with the proceeds thereof. The County Treasurer, under the direction of the Board of County Commissioners, may exchange any of said bonds for the satisfaction of the indebtedness described in section one hereof, outstanding on the date when this Act becomes a law, upon compliance with the terms and conditions of this Act, or he shall, when directed by the Board of County Commissioners, sell any portion of said bonds for money at not less than the par value thereof, the proceeds of such sale or sales to be applied exclusively to the payment, satisfaction and discharge of the indebtedness of Lincoln County which has accrued under the Act of 1873 mentioned in section one hereof. Whenever any of the indebtedness for which such bonds are permitted to be issued, has been put into final judgment or judgments, and whenever the legal owners or holders of such judgment or judgments are willing to accept in satisfaction thereof sixty-five per cent of the amount of such judgment or judgments, with interest and the costs of suit thereon, in the bonds hereby authorized, at the par value thereof, then the Board of County Commissioners are authorized and empowered to direct the County Treasurer to deliver to the owner or holder of such judgment or judgments, bonds of the issue herein provided for, at the par value thereof, to the amount of sixty-five per cent of the amount of such judgment or judgments and interest, and the amount of said costs of suit, upon receiving from the owner or holder of such judgment or judgments a full and complete satisfaction, discharge and cancelation of such judgment or judgments and costs, which said satisfaction, when delivered to the County Treasurer, shall be filed in the court in which such judgment or judgments were rendered and are entered, and a true copy thereof, certified to be such by said County Treasurer, shall also be filed in the office of the County Auditor of Lincoln County. Any holder or holders of any valid and subsisting indebted ness of Lincoln County, which accrued under the terms of an Act entitled An Act to consolidate and fund the indebtedness of Lincoln County, approved February 17, 1873, who is willing to exchange any valid original bonds, coupons or other evidences of such indebtedness, and which remain lawful obligations of said county, for the bonds herein provided to be issued, at the rate of sixty-five cents on the dollar for the amount of said original evidences of indebtedness, principal and interest, may receive such bonds in exchange, and the Board of County Commissioners, upon the surrender of such original valid bonds, coupons or other existing valid evidences of indebtedness to the County Treasurer, may authorize the County Treasurer to issue and deliver to such holder or holders of such original valid bonds, coupons or other existing valid evidences of indebtedness, upon surrender thereof, bonds herein authorized to be issued, to an amount equal to sixty-five cents on the dollar of the amount of such original valid bonds, coupons or other existing valid evidences of indebtedness, and such original valid bonds, coupons or other existing valid evidences of indebtedness, when received by the County Treasurer, shall be marked paid and canceled, and a record of said original valid bonds, coupons or other existing valid evidence of indebtedness, showing the form of such evidences of indebtedness, numbers, dates and amounts of bonds and coupons, and from whom received, shall be made and the same shall at all times be open to inspection by the public. |
κ1907 Statutes of Nevada, Page 67 (CHAPTER 40)κ
of Lincoln County, approved February 17, 1873, who is willing to exchange any valid original bonds, coupons or other evidences of such indebtedness, and which remain lawful obligations of said county, for the bonds herein provided to be issued, at the rate of sixty-five cents on the dollar for the amount of said original evidences of indebtedness, principal and interest, may receive such bonds in exchange, and the Board of County Commissioners, upon the surrender of such original valid bonds, coupons or other existing valid evidences of indebtedness to the County Treasurer, may authorize the County Treasurer to issue and deliver to such holder or holders of such original valid bonds, coupons or other existing valid evidences of indebtedness, upon surrender thereof, bonds herein authorized to be issued, to an amount equal to sixty-five cents on the dollar of the amount of such original valid bonds, coupons or other existing valid evidences of indebtedness, and such original valid bonds, coupons or other existing valid evidences of indebtedness, when received by the County Treasurer, shall be marked paid and canceled, and a record of said original valid bonds, coupons or other existing valid evidence of indebtedness, showing the form of such evidences of indebtedness, numbers, dates and amounts of bonds and coupons, and from whom received, shall be made and the same shall at all times be open to inspection by the public. The County Treasurer shall keep a careful record of all transactions under the authority of this Act, and a record of the number, date and time of payment of each bond and coupon delivered to him under the authority of this Act. The County Treasurer shall also report, under oath, to the Board of County Commissioners, semi-annually, a statement of all bonds issued and delivered under the authority of this Act, if any, which are sold or exchanged by him since the preceding report, and the date of such sale or exchange, and, when exchanged, a list or description of the evidences of county indebtedness exchanged therefor, and the amount of money from principal and other sources, including accrued interest received by him on such sale or exchange, which latter sum shall be charged to him as money received by him on bond fund, and so entered by him on his books; but such bonds shall not be sold or exchanged for any indebtedness of the county, except by the approval of the Board of County Commissioners of said Lincoln County. In case the holders of any of the indebtedness mentioned in section one hereof shall not be willing to exchange the same under the terms and provisions of this Act, but are willing to accept money in satisfaction of their said demands at the rate of sixty-five cents on the dollar of the amount of their said demands, including interest, the County Commissioners of Lincoln County, by an affirmative vote of a majority of the members thereof, in case all or any part of the entire indebtedness can be settled for an amount equal to sixty-five cents on the dollar upon the full amount of such indebtedness, may order all or a sufficient number of said bonds to be sold for money for such purpose, but no sale shall be made of the same or any part thereof, except to the highest bidder, after advertising for bids for the purchase of the same for not less than three weeks in at least one newspaper published in the county, if there be a newspaper published in the county, and in some newspaper of general circulation published in the State, the right to be reserved in such advertisement to reject any and all bids, but the said bonds may be exchanged for other bonds or warrants or other indebtedness against the county without advertising, at the rate of sixty-five cents on the dollar of the amount of such other outstanding bonds, warrants or other indebtedness against the county, at any time, under the direction of the Board of County Commissioners; provided, however, that in no instance shall any of the said bonds or money received from the sale thereof be given in exchange for, or in payment of, any coupon or accrued interest outstanding against the County of Lincoln, except when the bond to which such coupon is attached, or upon which said interest has accrued, be redeemed with it. |
Exchange of bonds for evidences of indebtedness.
County Treasurer to report semiannually.
Bonds sold to highest bidders. |
κ1907 Statutes of Nevada, Page 68 (CHAPTER 40)κ
Bonds sold to highest bidders.
Tax for interest on and redemption of bonds.
Method of redemption of bonds. |
sixty-five cents on the dollar upon the full amount of such indebtedness, may order all or a sufficient number of said bonds to be sold for money for such purpose, but no sale shall be made of the same or any part thereof, except to the highest bidder, after advertising for bids for the purchase of the same for not less than three weeks in at least one newspaper published in the county, if there be a newspaper published in the county, and in some newspaper of general circulation published in the State, the right to be reserved in such advertisement to reject any and all bids, but the said bonds may be exchanged for other bonds or warrants or other indebtedness against the county without advertising, at the rate of sixty-five cents on the dollar of the amount of such other outstanding bonds, warrants or other indebtedness against the county, at any time, under the direction of the Board of County Commissioners; provided, however, that in no instance shall any of the said bonds or money received from the sale thereof be given in exchange for, or in payment of, any coupon or accrued interest outstanding against the County of Lincoln, except when the bond to which such coupon is attached, or upon which said interest has accrued, be redeemed with it. Sec. 3. The Board of County Commissioners shall cause to be assessed and levied each year, until the tenth year after the issue of said bonds, upon the taxable property of the county, in addition to the levy authorized for other purposes, a sufficient tax to pay the interest on outstanding bonds, issued in conformity to the provisions of this Act, accruing before the next annual levy, and they shall cause to be assessed and levied, in the tenth year after the issue of such bonds, and in each year thereafter, a tax sufficient to pay at least one-twentieth of the bonds then unpaid, and the interest upon all outstanding bonds, in addition to all taxes for other purposes, and the moneys arising from such assessments and levies shall be known as the Bond Fund, and shall be used only for the payment of bonds and interest coupons, and for no other purpose whatever; and the County Treasurer shall open and keep in his books a separate and special account thereof, which shall at all times show the exact condition of said bond fund. Sec. 4. Whenever, after ten years from the date of said bonds, the amount in the hands of the County Treasurer belonging to the bond fund, after setting aside the sum required to pay the interest maturing before the next levy, is sufficient to redeem five or more of said bonds, the County Treasurer shall notify the County Auditor and the presiding officer of the Board of County Commissioners of such fact, and thereupon the said three officers shall draw by lot from the full list of all the then outstanding bonds issued hereunder, the numbers and amount of sufficient of said outstanding bonds to absorb the money in the bond fund available for and applicable to payment upon the principal of said bonds, but not exceeding in number one-twentieth of the total number of bonds issued under this Act, and thereupon the County Treasurer shall give notice, by publication in a newspaper of general circulation in said Lincoln County and also in a newspaper printed and published in the City of San Francisco, in the State of California, addressed To the holders of bonds of Lincoln County, Nevada, and stating the numbers of the bonds so drawn, and stating briefly that the bonds bearing the numbers so drawn, and all interest thereon to the date of the next interest payment, stating said date, will be paid in full by the County Treasurer at his office in Lincoln County, upon presentation of said bonds and all unpaid coupons pertaining thereto, which notice shall be so printed and published in said newspaper for eight successive publications, the last of which shall not be less than sixty days prior to the date fixed for the payment of such bonds. |
κ1907 Statutes of Nevada, Page 69 (CHAPTER 40)κ
not exceeding in number one-twentieth of the total number of bonds issued under this Act, and thereupon the County Treasurer shall give notice, by publication in a newspaper of general circulation in said Lincoln County and also in a newspaper printed and published in the City of San Francisco, in the State of California, addressed To the holders of bonds of Lincoln County, Nevada, and stating the numbers of the bonds so drawn, and stating briefly that the bonds bearing the numbers so drawn, and all interest thereon to the date of the next interest payment, stating said date, will be paid in full by the County Treasurer at his office in Lincoln County, upon presentation of said bonds and all unpaid coupons pertaining thereto, which notice shall be so printed and published in said newspaper for eight successive publications, the last of which shall not be less than sixty days prior to the date fixed for the payment of such bonds. On and after the date fixed in said notice, the interest on said several bonds bearing the numbers so drawn and specified in said advertisement, shall cease, and the amount of money to pay, satisfy and discharge the same, with interest to said date, shall be set aside from all other money in the hands of the County Treasurer to be held for the payment of said bonds and interest when the same shall be presented. If said bonds are not so presented, the interest thereon shall nevertheless cease. Upon presentation of said bonds and all unpaid coupons pertaining thereto, the County Treasurer shall mark the same paid and canceled, and thereupon make a complete record in his office of the transactions, and shall also furnish the County Auditor and County Commissioners with a full and detailed report of the transactions, including a list of the bonds and coupons by him paid and canceled. All redemptions and payments of bonds so drawn for payment shall be made in the order of the said several advertising calls, and out of the funds so set apart by said County Treasurer for such purpose. Sec. 5. The bonds to be issued hereunder may be dated on the first day of June, 1907, and settlements and exchanges of all valid outstanding bonds, coupons and other existing valid evidences of indebtedness, may be made and computed as of said date, or upon any semi-annual interest date thereafter occurring. Sec. 6. All Acts and parts of Acts in conflict herewith are hereby repealed. |
Advertising.
Interest ceases, when.
Treasurer to cancel.
Date of bonds.
Repeal. |
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κ1907 Statutes of Nevada, Page 70κ
Franchise granted W. A. Stevens
Town boundaries.
Franchise to include.
To continue fifty years.
What franchise shall cover. |
Chap. XLI.An Act to supply the Town of Wonder, in Churchill County, with water for extinguishment of fires and for domestic and other purposes, and to define the boundaries of said town, and other matters relating thereto.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That W. A. Stevens, his successors in interest and assigns, is hereby granted a franchise for, and shall have and possess the privilege of supplying the Town of Wonder, in Churchill County, Nevada, and the inhabitants, residents and people of said town with water for fire, domestic and general purposes. Sec. 2. The boundaries of said Town of Wonder, for the purposes of this Act, shall include all territory which is now embraced within the settled portion thereof, or which is embraced or included in any official map or maps, plat or plats of said town or of any additions thereto, now filed for record with the County Recorder of said Churchill County, or which may, at any time hereafter, be filed for record with such County Recorder. Sec. 3. That the franchise and privilege hereby granted to the said W. A. Stevens, his successors in interest and assigns, shall include the privilege and right of way to excavate for, construct, place, maintain and operate a plant or system of water-works, pipes, mains, hydrants, ditches, dams, aqueducts, bridges, flumes, tanks, reservoirs, and works for the sale and distribution by said grantee of water for domestic and irrigation purposes to the inhabitants of the Town of Wonder and vicinity, as well as for fire protection to said town, and that said franchise and right of way be granted and shall cover and apply to any and all streets, avenues, alleys and roads, and also to any and all lands belonging to the said Town of Wonder. Sec. 4. Said franchise and right of way hereby granted shall continue and be in full force and effect for the period of fifty years from and after the date of granting the same, providing that nothing herein shall be so construed as affecting the right to revoke and declare said franchise forfeited for any wilful failure on the part of the grantee to comply with the conditions hereof. Sec. 5. That said franchise, right of way, and all rights and privileges herein and hereby granted, shall extend to and cover any and all streets, avenues, roads or alleys in said Town of Wonder or immediate vicinity, as the same are now known or designated, laid out or established, and also such other streets, avenues, roads or alleys as may hereafter at any time, be laid out, designated or established in said town or immediate vicinity, or as the successful and profitable prosecution of the said enterprise and business may warrant, and the convenience and necessities of the general public may seem to require. |
κ1907 Statutes of Nevada, Page 71 (CHAPTER 41)κ
and the convenience and necessities of the general public may seem to require. Sec. 6. That the pipes or mains for the conveying, conducting and distribution of water for the purposes aforesaid may be extended from time to time, at such times and in such manner as conditions warrant and as the general welfare, convenience and necessities of the inhabitants of said town may require and as the said grantee may determine. Sec. 7. The said grantee, after excavating for or laying any pipes or mains as herein provided for, shall thereafter and as soon as practicable, at his own proper cost and expense, cover the same in such manner as to leave the surface smooth and level, and not to cause or create thereby or by any work any rutholes or uneven spots or places on any of said streets, avenues, alleys or roads, and shall also and in like manner, when excavating for or laying any pipes or mains, cause the same to be done at such times and in such way and manner as to minimize as far as possible any interference with or obstruction to the convenient use and travel over and upon such streets, avenues, alleys and roads. Sec. 8. The said grantee shall at all times during the continuance hereof, and whenever duly requested so to do by resolution of the Board of County Commissioners of said Churchill county, acting for the use and benefit of said Town of Wonder, and as soon after the passage of such resolution as practicable, fix, establish and maintain hydrants connecting with mains in such place or places as may be designated or stated in such resolution; the compensation and payment for such hydrants and fire protection thereby to be fixed at such time, manner and amount as may be mutually agreed upon by the said grantee and the said Board of County Commissioners. Sec. 9. This franchise and right of way and all rights and privileges conferred are granted on the condition that the said grantee shall commence the work of construction of said plant or water system within three months from and after the date of passage of this Act, and on the further condition that said grantee shall prosecute the work of construction of said plant or water system with reasonable diligence until said plant or water system shall be in a condition to afford and supply, with sufficient force of water, the necessary number of hydrants for adequate fire protection; the said hydrants to be fixed and established as herein before provided. Sec. 10. This franchise shall not be forfeited or in any wise or manner affected by any delay or failure of, or on the part of the said grantee to comply with the conditions hereof, when it shall appear that such delay or failure was caused by labor strikes, the elements, act of God, or any unforeseen or unavoidable cause or causes. Sec. 11. This franchise, right of way and all rights, privileges or easements hereby granted or conferred, together with all terms and conditions imposed on the use and enjoyment of the same, shall inure and apply to the said grantee, his associates, successors in interest and assigns. |
Pipes may be extended.
Ground to be left in good condition.
To maintain hydrants for fire protection.
Work to be commenced within three months.
Franchise not be be forfeited by unavoidable delays. |
κ1907 Statutes of Nevada, Page 72 (CHAPTER 41)κ
Franchise to issue to grantee and assigns. In effect. |
with all terms and conditions imposed on the use and enjoyment of the same, shall inure and apply to the said grantee, his associates, successors in interest and assigns. Sec. 12. This Act shall take effect from and after its passage. |
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Deputies in Ormsby County.
Repeal. |
Chap. XLII.An Act to provide for deputies in the Sheriff and ex officio Assessors office and the County Clerk and ex officio Treasurers office, and fix their compensation, in and for Ormsby County, State of Nevada.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Sheriff and ex officio Assessor and the County Clerk and ex officio Treasurer of Ormsby County are hereby authorized and empowered, when it is necessary, to appoint deputies at a salary to be fixed by the Board of County Commissioners and the salary to be paid out of the General Fund of Ormsby County. The appointments shall only be made in case of emergency and the compensations of these deputies shall only be made with the approval of the Board of County Commissioners and for such time as said Board may deem necessary. Sec. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
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Salary of Constable of Carson Township.
In effect. |
Chap. XLIII.An Act to amend an Act entitled An Act fixing the salary of Constable in and for Carson Township, Ormsby County, State of Nevada, and other matters relating thereto, approved March 22, 1897.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the Act named in the above title is amended so as to read as follows: Section 1. The Constable in and for Carson Township, Nevada, shall receive a salary of nine hundred dollars a year, payable in twelve equal monthly payments; provided, such Constable shall have no claim against the county for services rendered in civil or criminal cases; and provided further, that all fees received in civil cases shall be turned into the county treasury. Sec. 2. This Act shall take effect and be in force from and after its passage. |
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κ1907 Statutes of Nevada, Page 73κ
Chap. XLIV.An Act to regulate railroads, telegraph and telephone companies and other common carriers in this State, creating a Railroad Commission, constituting the Governor, the Lieutenant-Governor, and the Attorney-General a Railroad Board for the appointment and removal of the Railroad Commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges.
[Approved March 5, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A Railroad Commission is hereby created, to be composed of three Commissioners. The Governor, the Lieutenant-Governor, and the Attorney-General shall constitute a Railroad Board for the purpose of appointing such Commissioners. A majority of the members of said Railroad Board may perform all the duties required of such Board. Within thirty days after the passage of this Act the Railroad Board shall appoint such Commissioners and designate the term of each, and they shall hold until their successors are appointed. The term of one such appointee shall terminate on the first Monday in February, 1909; the term of the second such appointee shall terminate on the first Monday in February, 1910; and the term of the third such appointee shall terminate on the first Monday in February, 1911. On the second Monday in January, 1909, and annually thereafter, there shall be appointed, in the same manner, one Commissioner for the term of three years from the first Monday in February of such year. Each Commissioner so appointed shall hold office until his successor is appointed and qualified. Any vacancy shall be filled by appointment by the Railroad Board. a. The said Commissioners shall have the following qualifications: They shall have a general understanding of matters relating to railroad transportation, but at no time shall there be more than two of the said Commissioners members of the same political party. b. The Railroad Board may at any time remove any Commissioner for any inefficiency, neglect of duty, or malfeasance in office. Before such removal it shall give such Commissioner a copy of the charges made against him and shall fix a time when he can be heard in his own defense, which shall be not less than ten days thereafter, and said hearing shall be open to the public. If he shall be removed the Railroad Board shall file in the office of the Secretary of State a complete statement of all charges made against such Commissioner and the findings thereon, with the record of the proceedings. c. No person so appointed shall be pecuniarily interested in any railroad in this State or elsewhere, and if any such Commissioner shall voluntarily become so interested, his office shall ipso facto become vacant: and if he shall become so interested otherwise than voluntarily he shall within a reasonable time divest himself of such interest, and failing to do so his office shall become vacant, and the Railroad Board shall proceed as provided for in Section 1b of this Act. |
Railroad Commission created.
Railroad Board.
How selected.
Terms.
Qualifications.
May be removed by Railroad Board. |
κ1907 Statutes of Nevada, Page 74 (CHAPTER 44)κ
Commissioners must have no pecuniary railroad interests.
Commission must investigate all complaints.
One Commissioner to devote his entire time.
All to take official oath.
Salaries.
To meet and organize.
Secretary. |
in any railroad in this State or elsewhere, and if any such Commissioner shall voluntarily become so interested, his office shall ipso facto become vacant: and if he shall become so interested otherwise than voluntarily he shall within a reasonable time divest himself of such interest, and failing to do so his office shall become vacant, and the Railroad Board shall proceed as provided for in Section 1b of this Act. d. Whenever a complaint is made to the Commission of a violation of any of the provisions of this Act, or of any order of the Commission, it shall, within four months, commence an investigation of said charge and shall determine the same within six months, unless the person preferring said charges shall agree in writing to a longer time. A failure to comply with this provision shall ipso facto render the office of each of the Commissioners vacant, and the Railroad Board shall appoint new Commissioners as provided for by this Act. e. One Commissioner, to be designated by the Railroad Board, shall not hold any other office or position of profit, or pursue any other business or vocation, or serve on or under any committee of any political party, but shall devote his entire time to the duties of his office. f. Before entering upon the duties of his office, each of said Commissioners shall take and subscribe the constitutional oath of office, and shall in addition thereto swear (or affirm) that he is not pecuniarily interested in any railroad in this State or elsewhere, or common carrier, which oath or affirmation shall be filed in the office of the Secretary of State. g. The Commissioner who shall devote his entire time shall receive a salary of $5,000 per annum; the two other Commissioners shall each receive $2,500 per annum, payable in the same manner as salaries of other State officers are paid. h. The Commissioners appointed under this Act shall within twenty days after their appointment and qualification meet at the State Capital and organize by electing one of their number Chairman, who shall serve until the second Monday of February, 1909. On the second Monday of February in each odd-numbered year the Commissioners shall meet at the office of the Commission and elect a Chairman, who shall serve for two years and until his successor is elected. A majority of said Commissioners shall constitute a quorum to transact business, and any vacancy shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission, so long as a majority remains. i. Said Commission may appoint a Secretary, who shall be a stenographer, at a salary of not more than $1,800 per annum, and may employ such other experts as may be necessary to perform any service it may require of them, and shall fix their compensation. |
κ1907 Statutes of Nevada, Page 75 (CHAPTER 44)κ
j. The Secretary shall take and subscribe to an oath similar to that of the Commissioners, and shall keep full and correct records of all transactions and proceedings of the Commission, and shall perform such other duties as may be required by the Commission. Any person ineligible to the office of Commissioner shall be ineligible to the office of Secretary. k. The Commissioners shall be known collectively as Railroad Commission of Nevada, and in that name may sue and be sued. It shall have a seal with the words Railroad Commission of Nevada, and such other design as the Commission may prescribe engraved thereon, by which it shall authenticate its proceedings, and of which the courts shall take judicial notice. l. The Commission shall keep its office at Carson, and shall be provided by the Board of Capitol Commissioners with suitable room or rooms, necessary office furniture, supplies, stationery, books, periodicals, maps, and all necessary expenses shall be audited and paid as other State expenses are audited and paid. The Commission may hold sessions at any place other than its office, when the convenience of the parties so requires. The Commissioners and Secretary, and such experts as may be employed, shall be entitled to receive from the State their actual necessary expenses while traveling on the business of the Commission. Such expenditure to be sworn to by the person who incurred the expense and approved by the Chairman of the Commission. m. The Commission shall have the power to adopt and publish rules to govern its proceedings, and to regulate the mode and manner of all investigations and hearings of railroads and other parties before it, and all hearings shall be open to the public. n. The Commission may confer by correspondence, or by attending conventions, or otherwise, with the Railroad Commissioners of other States, and with the Interstate Commerce Commission, on any matters relating to railroads; provided, that any expenses incurred in attending any convention outside of the State shall not be a charge against the State. Sec. 2. The term railroad as used herein shall mean and embrace all corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage or control any railroad or part of a railroad as a common carrier in this State, or cars, or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroad or otherwise. The term railroad, whenever used herein, shall mean and embrace express companies, telegraph and telephone companies, and all duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, in so far as the same are applicable, be required of and imposed upon express companies and telephone and telegraph companies, and their officers and agents, and the Commission shall have the power of supervision and control of express companies and telegraph and telephone companies to the same extent as railroads. |
Oath of same
Railroad Commission of Nevada.
Seal
Office at Capitol.
Expenses.
Rules.
Railroad matters.
Railroad defined. |
κ1907 Statutes of Nevada, Page 76 (CHAPTER 44)κ
Provisions of Act to apply.
Not to apply.
Reasonable charges by railroads required.
Railroads to print and post schedules of fairs and freights. |
shall, in so far as the same are applicable, be required of and imposed upon express companies and telephone and telegraph companies, and their officers and agents, and the Commission shall have the power of supervision and control of express companies and telegraph and telephone companies to the same extent as railroads. a. The provisions of this Act shall apply to the transportation of passengers and property and the transmission of messages between points within this State, and to the receiving, switching, delivery, storing and hauling of such property, and receiving and delivering messages, and to all charges connected therewith, including icing charges and mileage charges, and shall apply to all railroads, corporations, express companies, car companies, freight and freight line companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers, upon or over any line of railroad within this State, and to any common carrier engaged in the transportation of passengers and property, wholly by rail or partly by rail and partly by water. b. This Act shall not apply to street and electric railroads engaged solely in the business of transportation of passengers within the limits of cities, nor other private railroads not doing business as common carriers, or any railroad less than twenty miles in length, when operated independently of another road. Sec. 3. Every railroad is hereby required to furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered in the transportation of passengers or property or for any service in connection therewith, or for the receiving, switching, delivering, storing or handling of such property, shall be reasonable and just, and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. Sec. 4. Every railroad shall print in plain type, and file with the Commission within a time fixed by the Commission, schedules which shall be open to public inspection, showing all rates, fares and charges for the transportation of passengers and property, and any service in connection therewith, which it has established and which are in force at the time between all points in this State upon its line, or any line controlled or operated by it, and the rates, fares and charges shown on such schedules as are in effect at the date this Act takes effect. The schedule printed as aforesaid shall plainly state the charges upon its line or any line controlled or operated by it in this State between which passengers and property will be carried, and there shall be filed therewith the classifications of freight in force. Every railroad shall publish with and as a part of such schedules all rules and regulations that in any manner affect the rates charged or to be charged for the transportation of passengers or property, also its charges for delay in unloading or loading cars, for track and car service, or rental, and for demurrage, switching, terminal or transfer service, or for rendering any other service in connection with the transportation of persons or property. |
κ1907 Statutes of Nevada, Page 77 (CHAPTER 44)κ
track and car service, or rental, and for demurrage, switching, terminal or transfer service, or for rendering any other service in connection with the transportation of persons or property. Two copies of said schedules for the use of the public shall be filed and kept on file in every depot, station and office of such railroad where passengers or freight are received for transportation in such form and place as to be accessible to the public and where they can be conveniently inspected. When passengers or property are transported over connecting lines in this State operated by more than one railroad, and the several railroads operating such lines establish joint rates, fares and charges, a schedule of joint rates shall also in like manner be printed and filed with the Commission, and in every depot, station, and office of such railroads where such passengers or property are received for transportation. a. No change shall thereafter be made in any schedule, including schedule of joint rates, or in any classification, except upon thirty days notice to the Commission, and all such changes shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof thirty days prior to the time the same are to take effect; provided, that the Commission, upon application of any railroad, may prescribe a less time within which a reduction may be made. Copies of all new schedules shall be filed as herein before provided in every depot, station and office of such railroad ten days prior to the time the same are to take effect, unless the Commission shall prescribe a less time. b. Whenever a change is made in any existing schedule, including schedule of joint rates, a notice shall be posted by the railroad in a conspicuous place in every depot, station and office, stating that changes have been made in the schedule on file, specifying the class or commodity affected and the date when the same will take effect. c. It shall be unlawful for any railroads to charge, demand, collect or receive a greater or less compensation for the transportation of passengers, property, or for any service in connection therewith, than is specified in such printed schedule, including schedules of joint rates, as may at the time be in force, and the rates, fares and charges named therein shall be the lawful rates, fares and charges until the same are changed as herein provided. d. The Commission may prescribe such changes in the form in which the schedules are issued by the railroad as may be found expedient, and such schedules shall, as far as practicable, conform to the forms prescribed by the Interstate Commerce Commission. Sec. 5. Whenever passengers or property are transported over two or more connecting lines of railroads between points in this State, and the railroad companies have made joint rates for the transportation of the same, such rates and all charges in connection therewith shall be just and reasonable, and every unjust and unreasonable charge is prohibited and declared to be unlawful; provided, that a less charge by each of said railroads for its proportion of said joint rates than is made locally between the same points on their respective lines shall not for that reason be construed as a violation of the provisions of this Act, nor render such railroads liable to any of the penalties hereof. |
Two copies to be posted in each station.
No change in schedule, except upon thirty days notice.
Proviso for reduction.
Notice of change to be posted.
Said schedule must be adhered to.
Commission may prescribe changes in schedule.
Joint rates. |
κ1907 Statutes of Nevada, Page 78 (CHAPTER 44)κ
Proviso.
Rates must be uniform.
Western Classification No. 41 adopted.
Maximum rates adopted.
Rates on ores. |
charges in connection therewith shall be just and reasonable, and every unjust and unreasonable charge is prohibited and declared to be unlawful; provided, that a less charge by each of said railroads for its proportion of said joint rates than is made locally between the same points on their respective lines shall not for that reason be construed as a violation of the provisions of this Act, nor render such railroads liable to any of the penalties hereof. Sec. 6. Nothing in this Act shall be construed to prevent concentration, commodity, transit and other special contract rates, but all such rates shall be open to all shippers of a like kind of traffic under similar circumstances and conditions, and shall be subject to the provisions of this Act as to the printing and filing of the same; provided, all such rates shall be under the supervision and regulation of the Commission. Sec. 7. The classification of freight, commonly known as the Western Classification, No. 41, issued by the Western Classification Committee, and taking effect October 1, 1906, and adopted by the Oregon Short Line Railroad Company, The Southern Pacific Company, Pacific System, San Pedro, Los Angeles and Salt Lake Railroad, and other roads, shall be adopted by the Commission as the classification of freight, and shall be uniform upon all railroads in this State. a. The Commission shall not fix a greater rate, nor shall it allow any broad or standard-gage road to charge a greater rate than that fixed for the following classifications: Class 1-Eight cents a ton a mile. Class 2-Seven and four-tenths cents a ton a mile. Class 3-Six and four-tenths cents a ton a mile. Class 4-Five and two-tenths cents a ton a mile. Class 5-Four and six-tenths cents a ton a mile. Class A-Four and six-tenths cents a ton a mile. Class B-Three and six-tenths cents a ton a mile. Class C-Three and one-tenth cents a ton a mile. Class D-Two and seven-tenths cents a ton a mile. Class E-Two and seven-tenths cents a ton a mile. b. All other property classed higher than class one, and known as class one and one-half times first-class; double first-class; three times first-class; and four times first-class, shall not exceed twenty cents a ton a mile. c. The Commission shall not fix a greater rate nor shall it allow any broad or standard-gage road to charge a greater rate for the following classes or grades of ore than that fixed herein: Rough stone of all kinds, iron ore, limestone, or other ore, stone or mineral, commonly used as fluxes, one-half cent a ton a mile. Ores not exceeding $20 a ton in value, one cent a ton a mile. Ores not exceeding $30 a ton in value, one and one-tenth of a cent a ton a mile. |
κ1907 Statutes of Nevada, Page 79 (CHAPTER 44)κ
Ores not exceeding $40 a ton in value, one and one-fourth cents a ton a mile. Ores not exceeding $50 a ton in value, one and thirty-five hundredths cents a ton a mile. Ores not exceeding $60 a ton in value, one and one-half cents a ton a mile. Ores not exceeding $70 a ton in value, one and three-fourths cents a ton a mile. Ores not exceeding $80 a ton in value, one and nine-tenths cents a ton a mile. Ores not exceeding $100 a ton in value, two cents a ton a mile. All other ores shall not be charged at a greater rate than two cents a ton a mile. d. Nothing contained herein shall be construed as preventing the Commission fixing a less rate than those mentioned nor prevent it from fixing rates upon all articles not mentioned in the classification adopted herein on articles usually classed as special commodities. e. All narrow-gage railroads may be permitted by the Commission to charge a rate not to exceed one hundred and fifty per cent higher than those mentioned for broad-gage railroads. f. Provided, that the maximum rates herein fixed shall not apply to any railroad until the said road shall have been constructed and in operation for two years between the points where they shall commence to deliver freights; provided further, that all hauls of less than fifty miles may be charged as if actually hauled fifty miles, but where the haul is fifteen miles, or less, then the Commission shall fix such rates as it may deem fair and just. Sec. 8. Nothing herein shall prevent the carriage, storage or handling of freight free or at reduced rates for the United States, the State, or any political subdivision thereof, or any municipality thereof, or for charitable purposes, or to and from fairs and expositions for exhibition thereat, or household goods the property of employees; or the issuance of mileage, commutation or excursion passengers tickets; provided, that the same shall be obtainable by any persons applying therefor, without discrimination, or of party tickets; provided, that the same shall be obtainable by any person applying therefor under like circumstances and conditions. This Act shall not be construed as preventing railroads from giving free transportation or reduced rates therefor to any minister of the gospel, officer or agent of incorporated colleges, college professors, school teachers, all students attending institutions of learning, regular agents of charitable societies when traveling upon the business of the society only, destitute or homeless persons, railroad officers, attorneys, directors, employee or members of their families; or prevent the exchange of passes with officers, attorneys, or employees of other railroads, and members of their families. |
Rates on ores.
Maximum charge.
Lower rates permitted.
Narrow-gage roads may charge 150 per cent more. Proviso.
Short hauls.
Government freight, etc., excepted.
Exception as to ministers, school teachers, etc. |
κ1907 Statutes of Nevada, Page 80 (CHAPTER 44)κ
Attendant for live stock.
Depots to be maintained in good condition.
To furnish suitable cars for shippers.
Preference to live stock, etc.
Commission may enforce reasonable regulations.
Proper facilities for interchange of traffic.
Commission to have control of private tracks. |
of passes with officers, attorneys, or employees of other railroads, and members of their families. a. Upon any shipment of live stock or other property of such nature as to require the care of an attendant, the railroad may furnish to the shipper, or some person or persons designated by him, free transportation for such attendant, including return passage to the point at which the shipment originated; provided, there shall be no discrimination in reference thereto between such shippers, and the Commission shall have power to prescribe regulations in relation thereto. Sec. 9. It shall be the duty of every railroad to provide and maintain adequate depots, and depot buildings at its regular stations for the accommodation of passengers, and said depot buildings shall be kept clean, well lighted and warm, for the comfort and accommodation of the traveling public. All railroads shall keep and maintain adequate and suitable freight depots, buildings, switches and sidetracks for the receiving, handling and delivering of freight transported or to be transported by such railroad; provided, that this shall not be construed as repealing any existing law on the subject. Sec. 10. Every railroad shall, when within its power to do so, and upon reasonable notice, furnish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight in carload lots. In case of insufficiency of cars at any time to meet all requirements, such cars as are available shall be distributed among the several applicants therefor in proportion to their respective immediate requirements without discrimination between shippers or competitive or non-competitive places; provided, preference may be given to shipments of live stock and perishable property. a. The Commission shall have the power to enforce reasonable regulations for furnishing cars to shippers, and switching the same, and for the loading and unloading thereof, and the weighing of the cars and freight offered for shipment over any line of railroad. Sec. 11. All railroad companies as between themselves, and all interurban and electric railroads as between themselves and each other, shall afford all reasonable and proper facilities for the interchange of traffic between their respective lines for forwarding and delivering passengers and property, and shall transfer and deliver without unreasonable delay or discrimination any freight or cars, loaded or empty, or any passengers destined to any point on its own or any connecting lines; provided, that precedence over other freight may be given to live stock and perishable freight. a. The Commission shall have control over private tracks in so far as the same are used by common carriers, in connection with any railroad for the transportation of freight, in all respects the same as though such tracks were a part of the track of said railroad. |
κ1907 Statutes of Nevada, Page 81 (CHAPTER 44)κ
in all respects the same as though such tracks were a part of the track of said railroad. Sec. 12. Upon complaint of any person, firm, corporation or association, or of any mercantile, agricultural or manufacturing society, or of any body politic or municipal organization, that any of the rates, charges or classifications, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation or practice whatsoever affecting the transportation of persons or property, or any service in connection therewith, are in any respect unreasonable or unjustly discriminatory, or that any service is inadequate, the Commission may notify the railroad complained of that complaint has been made, and ten days after such notice has been given the Commission may proceed to investigate the same as hereinafter provided, but before proceeding to make such investigation the Commission shall give the railroad and the complainants ten days notice of the time and place when and where such matters will be considered and determined, and said parties shall be entitled to be heard and shall have process to enforce the attendance of witnesses. If upon such investigation the rate or rates, or any regulation, practice or service complained of shall be found to be unreasonable or unjustly discriminatory, or the service shall be found to be inadequate, the Commission shall have power to fix and order substituted therefor such rate or rates, fares, charges or classifications, as it shall have determined to be just and reasonable and which shall be charged, imposed and followed in the future, and shall also have power to make such orders respecting such regulation, practice or service, as it shall have determined to be reasonable and which shall be observed and followed in the future. a. The Commission may, when complaint is made of more than one rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately, and at such times as it may prescribe. No complaint shall of necessity at any time be dismissed because of the absence of direct damage to the complainant. b. Whenever the commission shall believe that any rate or rates or charge or charges may be unreasonable or unjustly discriminatory, and that investigation relating thereto should be made, it may, upon its own motion, investigate the same. Before making such investigation it shall present to the railroad a statement in writing, setting forth the rate or charge to be investigated. Thereafter, on ten days notice to the railroad of the time and place of such investigation, the Commission may proceed to investigate such rate or charge in the same manner and make like orders in respect thereto as if such investigation had been made upon complaint. c. This section shall be construed to permit any railroad to make complaint with like effect as though made by any person, firm, corporation or association, mercantile, agricultural or manufacturing society, body politic or municipal organization. |
To investigate all complaints.
Railroads and complainants to have ten days notice.
Commission may order separate hearings.
May take the initiative.
Section construed. |
κ1907 Statutes of Nevada, Page 82 (CHAPTER 44)κ
Powers of Commission.
Witnesses to receive fees and mileage.
Proviso.
Depositions.
Complete records to be kept.
Certified copy to be received in evidence. |
tural or manufacturing society, body politic or municipal organization. Sec. 13. Each of the Commissioners, for the purposes mentioned in this Act, shall have power to administer oaths, certify to official acts, issue subpenas, compel the attendance of witnesses, and the production of papers, way-bills, books, accounts, documents and testimony. In case of disobedience on the part of any person or persons to comply with any order of the Commission or any Commissioner or any subpena, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the District Court of any county, or a Judge thereof, on application of a Commissioner, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpena issued from such court, or a refusal to testify therein, and in addition said Commission shall have the powers vested in Justices of the Peace to compel witnesses to testify and to produce books and papers. a. Each witness who shall appear before the Commission by its order shall receive for his attendance the fees and mileage now provided for witnesses in civil cases in courts of record, which shall be audited and paid by the State in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers, sworn to by such witnesses and approved by the Chairman of the Commission; provided, that no witness subpenaed at the instance of parties other than the Commission shall be entitled to compensation from the State for attendance or travel unless the Commission shall certify that his testimony was material to the matter investigated. b. The Commission or any party may in the investigation cause the depositions of witnesses residing within or without the State to be taken in the manner prescribed by law for like depositions in civil actions in District Courts. c. A full and complete record shall be kept of all proceedings had before the Commission or any investigation had under Section 12 of this Act, and all testimony shall be taken down by the stenographer appointed by the Commission. Whenever any complaint is served upon the Commission under the provisions of Section 16 of this Act the Commission shall, before said action is reached for trial, cause a certified transcript of all proceedings had and testimony taken upon such investigation to be filed with the Clerk of the District Court of the county where the action is pending. A transcribed copy of the evidence and proceedings, or any specific part thereof, on any investigation, taken by the stenographer appointed by the Commission, being certified by such stenographer to be a true and correct transcript in longhand of all the testimony on the investigation, or of a particular witness, or of other specific part thereof, carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on such investigation so purporting to be taken and transcribed, shall be received in evidence with the same effect as if such reporter were present and testified to the facts so certified. |
κ1907 Statutes of Nevada, Page 83 (CHAPTER 44)κ
compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on such investigation so purporting to be taken and transcribed, shall be received in evidence with the same effect as if such reporter were present and testified to the facts so certified. A copy of such transcript shall be furnished on demand, free of cost, to any party to such investigation; and to all other persons, a copy, on payment of a reasonable amount therefor, to be fixed by the Commission. Sec. 14. Whenever, upon an investigation made under the provisions of this Act, the Commissioner shall find any existing rate or rates, fares, charges or classification, or any joint rate or rates or any regulation or practice whatsoever affecting the transportation of persons or property, or any service in connection therewith, are unreasonable or unjustly discriminatory, or any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification or a joint rate to be imposed, observed and followed in future, in lieu of that found to be unreasonable or unjustly discriminatory, and it shall determine and by order fix a reasonable regulation, practice or service to be imposed, observed and followed in the future, in lieu of that found to be unreasonable or unjustly discriminatory or inadequate, as the case may be, and it shall cause a certified copy of each such order to be delivered to an officer or station agent of the railroad affected thereby, which order shall of its own force take effect and become operative thirty days after the service thereof. All railroads to which the order applies shall make such changes on their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any railroad in any such rates, fares, or charges, or in any joint rate or rates, without the approval of the Commission. Certified copies of all other orders of the Commission shall be delivered to the railroads affected thereby in like manner, and the same shall take effect within such time thereafter as the Commission shall prescribe. a. The Commission may at any time, upon application of any person or any railroad and upon notice to the parties in interest and after opportunity to be heard as provided in Section 12, rescind, alter or amend any order fixing any rate or rates, charges or classification, or any other order made by the Commission, and certified copies of the same shall be served and take effect as herein provided for original orders, but nothing herein contained shall be construed as allowing the Commission to increase the maximum rates fixed by this Act. Sec. 15. All rates, fares, charges, classifications and joint rates fixed by the Commission shall be in force, and shall be prima facie lawful, for a period of one year from the date the same takes effect, and until changed or modified by the Commission, or in pursuance of Section 16 of this Act. All regulations, practices and service prescribed by the Commission shall be in force and shall be prima facie reasonable, unless suspended or found otherwise in an action brought for that purpose, pursuant to the provisions of Section 16 of this Act, or until changed or modified by the Commission as provided for in paragraph a, Section 14, of this Act. |
Certified copy to be received in evidence.
Commission to fix reasonable rates.
Commission may rescind or alter its own orders.
Rates in force for one year. |
κ1907 Statutes of Nevada, Page 84 (CHAPTER 44)κ
Railroad may commence legal action within ninety days.
Actions to have precedence.
No injunction issued without notice to Commission.
Commission to have notice of new evidence. |
tions, practices and service prescribed by the Commission shall be in force and shall be prima facie reasonable, unless suspended or found otherwise in an action brought for that purpose, pursuant to the provisions of Section 16 of this Act, or until changed or modified by the Commission as provided for in paragraph a, Section 14, of this Act. Sec. 16. Any railroad or other party in interest being dissatisfied with any order of the Commission fixing any rate or rates, fares, charges, classifications, joint rate or rates, or any order fixing any regulations, practices or services, may, within ninety (90) days, commence an action in the District Court of the proper county, against the Commission as defendant to vacate and set aside any such order on the ground that the rate or rates, fares, charges, classifications, joint rate or rates, fixed in such order is unlawful or unreasonable, or that any such regulation, practice or service, fixed in such order is unreasonable, in which action the adverse parties shall be served with a summons and copy of the complaint. The Commission shall file its answer, and on leave of court, any interested party may file the answer to said complaint within thirty (30) days, after the service thereof, whereupon said action shall be at issue and stand ready for trial upon twenty (20) days notice by either party. All actions brought under this section shall have precedence over any civil cause of a different nature pending in such court, and the court shall always be deemed open for the trial thereof, and the same shall be tried and determined as other civil actions; any party to such action may introduce original evidence in addition to the transcript of the evidence offered to said Commission. a. No injunction shall issue suspending or staying any order of the Commission except upon application to the court or Judge thereof, notice to the Commission having been first given and hearing having been had thereon; provided, that all rates fixed by the Commission shall be deemed reasonable and just, and shall remain in full force and effect until final determination by the courts, upon appeal. b. If, upon the trial of such action, evidence shall be introduced by the plaintiff which is found by the Court to be different from that offered upon the hearing before the Commission, or additional thereto, the Court before proceeding to render judgment, unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the Commission, and shall stay further proceedings in said action for fifteen (15) days from the date of such transmission. Upon receipt of such evidence the Commission shall consider the same, and may alter, modify, amend or rescind its order relating to such rate or rates, fares, charges, classifications, joint rate or rates, regulation, practice or service complained of in said action, and shall report its action thereon to said court within ten days from the receipt of such evidence. |
κ1907 Statutes of Nevada, Page 85 (CHAPTER 44)κ
thereon to said court within ten days from the receipt of such evidence. c. If the Commission shall rescind its order complained of, the action shall be dismissed; if it shall alter, modify or amend the same, such altered, modified or amended order shall take the place of the original order complained of, and judgment shall be rendered thereon, as though made by the Commission in the first instance. If the original order shall not be rescinded or changed by the Commission, judgment shall be rendered upon such original order. d. Either party to said action within sixty (60) days after service of a copy of the order or judgment of the court may appeal or take the case up on error as in other civil actions. Where an appeal is taken the cause shall, on the return of the papers to the higher court, be immediately placed on the calendar of the then pending term, and shall be assigned and brought to a hearing in the same manner as other causes on the calendar. e. In all actions under this section the burden of proof shall be upon the plaintiff to show by clear and satisfactory evidence that the order of the Commission complained of is unlawful, or unreasonable, as the case may be. Sec. 17. In all actions and proceedings in court arising under this Act all processes shall be served, and the practice and rules of evidence shall be the same as in civil actions, except as otherwise herein provided. Every Sheriff or other officer empowered to execute civil processes shall execute any process issued under the provisions of this Act, and shall receive such compensation therefor as may be prescribed by law for similar services. a. No person shall be excused from testifying or from producing books and papers in any proceedings based upon or growing out of any violation of the provisions of this Act, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter or thing concerning which he may have testified or produced any documentary evidence; provided, that no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying. b. Upon application of any person the Commission shall furnish certified copies, under the seal of the Commission, of any order made by it, which shall be prima facie evidence in any court or proceeding of the facts stated therein. Sec. 18. The Commission shall have the authority to inquire into the management of the business of all railroads, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from any railroad all necessary information to enable the Commission to perform the duties and carry out the objects for which it was created. |
Judgments, how rendered.
Appeals.
Burden of proof upon plaintiff.
Same practice as in civil actions.
No person excused from testifying.
Proviso.
Certified copies prima facie evidence.
Authority of Commission. |
κ1907 Statutes of Nevada, Page 86 (CHAPTER 44)κ
Blanks.
Perjury, when.
Right of inspection
Proviso.
Orders and subpenas.
Penalties.
Railroads to submit copies of contracts. |
obtain from any railroad all necessary information to enable the Commission to perform the duties and carry out the objects for which it was created. a. The Commission shall cause to be prepared suitable blanks for the purposes designated in this Act, which shall conform as nearly as practicable to the forms prescribed by the Interstate Commerce Commission, and shall, when necessary, furnish such blanks to each railroad. Any railroad receiving from the Commission any such blanks, shall cause the same to be properly filled out so as to answer fully and correctly each question therein propounded, and in case it is unable to answer any question it shall give a good and sufficient reason for such failure, and said answer shall be verified under oath by the proper officer of said railroad and returned to the Commission at its offices within the time fixed by the Commission; the making of a false affidavit or filing of the same shall be deemed perjury and punishable as such under the statutes of Nevada defining perjury. b. The Commission, or any Commissioner, or any person or persons employed by the Commission for that purpose, shall, upon demand, have the right to inspect the books and papers of any railroad and to examine under oath any officer, agent or employee of such railroad in relation to any matter which is the subject of complaint and investigation; provided, that any person other than the one of the said Commissioners who shall make such demand shall produce his authority to make such inspection under the hand of a Commissioner, or of the Secretary and under the seal of said Commission. c. The Commission may require by order or subpena, and to be served on any railroad, in the same manner that a summons is served in a civil action in a District Court, the production within this State, at such time and place as it may designate, of any books, papers or accounts relating to any matter which is the subject of complaint or investigation kept by said railroad in any office or place without the State of Nevada, or verified copies in lieu thereof, if the Commission shall so order, in order that an examination thereof may be made by the Commission or under its direction, and such subpena may issue to any Sheriff in any county of the State. Any railroad failing or refusing to comply with any such order or subpena within a reasonable time shall, for each day it shall so fail or refuse, forfeit and pay into the State Treasury a sum of not less than one hundred dollars nor more than one thousand dollars, to be recovered in a civil action brought in the name of the Railroad Commission of Nevada. Sec. 19. Every railroad whenever required by the Commission shall, within a time to be fixed by the Commission, deliver to the Commission for its use copies of all contracts which relate to the transportation of persons or property, or any service in connection therewith made or entered into by it with any other railroad company, terminal company, depot company, car company, equipment company, express or other transportation company, bridge company or any shipper or shippers, producers or consumers or other persons doing business with it. |
κ1907 Statutes of Nevada, Page 87 (CHAPTER 44)κ
company, car company, equipment company, express or other transportation company, bridge company or any shipper or shippers, producers or consumers or other persons doing business with it. a. Every railroad shall, on the first Monday in January of each year, and oftener if required by the Commission, file with the Commission a verified list of all railroad tickets, passes and mileage books issued free or for other than actual bona fide money consideration at full established rates during the preceding year, together with the names of the recipients thereof, the amount received therefor and the reason for issuing the same. This provision shall not apply to the sale of tickets at reduced rates open to the public, nor to tickets, passes or mileage books issued to persons not residents of this State, nor to tickets, passes or mileage books issued prior to the passage of this Act. Sec. 20. Every railroad company incorporated or doing business in this State, or which shall hereafter become incorporated or do business in this State shall, on or before the 15th day of September, 1907, and on or before the same day of each year thereafter, make and transmit to the Commission in its office in Nevada a full and true statement, under oath of the proper officer of such corporation, of the affairs of such corporation relative to the State of Nevada, for the year ending on the 30th day of June preceding, which statement for the State of Nevada shall be similar in character and detail to the annual report required to be made by railroad companies to the Interstate Commerce Commission, and such other and further information as may be required by the Commission. Sec. 21. The Commission shall have power, and on complaint of any person it is hereby made its duty, to investigate all or any freight rates or interstate traffic on railroads in this State, and when the same are, in the opinion of the Commission, excessive or discriminatory, or are levied or laid in violation of the Interstate Commerce Law, or in conflict with the rulings, orders or regulations of the Interstate Commerce Commission, the Commission shall present the facts to the railroad, with a request to make such changes as the Commission may advise, and if such changes are not made within a reasonable time, the Commission shall apply by petition to the Interstate Commerce Commission for relief. All freight tariffs issued by any such railroad relating to interstate traffic in this State shall be filed in the office of the Commission within thirty days after the passage of this Act, and all such tariffs thereafter issued shall be filed with the Commission when issued. Sec. 22. If any railroad, or any agent or officer thereof, shall directly or indirectly, by any special rate, rebate, drawback, or by means of false billing, false classification, false weighing, or by any other device whatsoever, charge, demand, collect or receive from any person, firm or corporation a greater or less compensation for any service rendered or to be rendered by it for the transportation of persons or property or for any service in connection therewith than that prescribed in the published tariffs then in force, or established as provided herein, or than it charges, demands, collects or receives from any other person, firm, or corporation for a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such railroads shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful, and upon conviction thereof shall forfeit and pay into the State Treasury not less than one hundred dollars nor more than five thousand dollars for such offense; and any agent or officer so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars for each offense. |
Railroads to report annually concerning passes, etc.
Full reports of Nevada business.
Commission to cooperate with Interstate Commerce Commission.
Penalties for railroads for discriminatory charges. |
κ1907 Statutes of Nevada, Page 88 (CHAPTER 44)κ
Penalties for railroads for discriminatory charges.
Certain prohibitions.
Discrimination prohibited.
Acceptance of rebates, etc., prohibited.
Penalty. |
collect or receive from any person, firm or corporation a greater or less compensation for any service rendered or to be rendered by it for the transportation of persons or property or for any service in connection therewith than that prescribed in the published tariffs then in force, or established as provided herein, or than it charges, demands, collects or receives from any other person, firm, or corporation for a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such railroads shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful, and upon conviction thereof shall forfeit and pay into the State Treasury not less than one hundred dollars nor more than five thousand dollars for such offense; and any agent or officer so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars for each offense. a. It shall be unlawful for any railroad to demand, charge, collect or receive from any person, firm or corporation, a less compensation for the transportation of property or for any service rendered or to be rendered by said railroad in consideration of said person, firm or corporation furnishing any part of the facilities incident thereto; provided, nothing herein shall be construed as prohibiting any railroad from procuring any facilities or service incident to transportation and paying a reasonable compensation therefor. Sec. 23. That it shall be unlawful for any common carrier subject to the provisions of this Act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. Sec. 24. It shall be unlawful for any person, firm, or corporation knowingly to accept or receive any rebate, concession or discrimination in respect to transportation of any property wholly within this State, or for any service in connection therewith, whereby any such property shall by false billing, false classification, false weighing, or any other device whatsoever be transported at a less rate than that named in the published tariffs in force as provided herein, or whereby any service or advantage is received other than is herein specified. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars for each offense. Sec. 25. It shall be unlawful for any person, firm or corporation engaged in business as a common carrier to give or furnish to any State, district, county or municipal officer of this State any pass or free transportation, and it shall be unlawful for any officer, State, district, county or municipal, in this State to accept, receive or use any such pass or free transportation. |
κ1907 Statutes of Nevada, Page 89 (CHAPTER 44)κ
poration engaged in business as a common carrier to give or furnish to any State, district, county or municipal officer of this State any pass or free transportation, and it shall be unlawful for any officer, State, district, county or municipal, in this State to accept, receive or use any such pass or free transportation. Any firm, person, or corporation, or the agent thereof, or any officer violating the provisions of this section shall upon conviction thereof be fined any sum not less than one hundred dollars nor more than five hundred dollars, or confined in the county jail for a period of not less than one nor more than six months, and his office shall ipso facto become vacant. Sec. 26. If any railroad shall do or cause to be done or permit to be done any matter, act or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by it, such railroad shall be liable to the person, firm or corporation injured thereby in treble the amount of damages sustained in consequence of such violation; provided, that any recovery as in this section provided shall in no manner affect the recovery by the State of the penalty prescribed for such violation. Sec. 27. Any officer, agent or employee of any railroad who shall wilfully fail or refuse to fill out and return any blanks as required by this Act, or shall wilfully fail or refuse to answer any questions therein propounded, or shall knowingly or wilfully give a false answer to any such questions, or shall evade the answer to any such question, where the fact inquired of is within his knowledge, or who shall, upon proper demand, wilfully fail or refuse to exhibit to any Commissioner or any Commissioners, or any person authorized to examine the same, any book, paper or account of such rail road, which is in his possession or under his control, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars for each such offense, and a penalty of not less than five hundred dollars nor more than one thousand dollars shall be recovered from the railroad for each such offense when such officer, agent, or employee acted in obedience to the direction, instructions or request of such railroad or any general officer thereof. Sec. 28. If any railroad shall violate any provision of this Act, or shall do any act herein prohibited, or shall fail, or refuse to perform any duty enjoined upon it, or upon failure of any railroad to place in operation any rate or joint rate, or do any other act herein prohibited, for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the Commission or any court (upon its application), for every such violation, failure or refusal, such railroad or railroads shall forfeit and pay into the State Treasury a sum of not less than one hundred dollars nor more than ten thousand dollars for each offense. |
Passes to public officers prohibited.
Penalty.
Treble damages.
Failure or evasion of railroad employees punished.
Penalty for all acts of omission or commission. |
κ1907 Statutes of Nevada, Page 90 (CHAPTER 44)κ
Commission may regulate all practices.
Commission to be immediately notified of fatal accidents.
Investigation.
Attorney-General and prosecuting attorneys to assist Commission. |
less than one hundred dollars nor more than ten thousand dollars for each offense. In construing and enforcing the provisions of this section, the act, omission or failure of any officer, agent, or other person acting for or employed by any railroad, acting within the scope of his employment shall in every case be deemed to be the act, omission or failure of such railroad. Sec. 29. Whenever, after hearing an investigation as provided by this Act, the Commission shall find that any charge, regulation, or practice affecting the transportation of passengers or property, or any service in connection therewith, not herein before specifically designated, is unreasonable or unjustly discriminatory, it shall have the power to regulate the same as provided in Sections 12 and 14 of this Act. Sec. 30. Every railroad shall, whenever an accident attendant with loss of human life occurs within this State, upon its line of road or on its depot grounds or yards, give immediate notice thereof to the Commission. In the event of any such accident, the Commission, if it deem the public interest requires it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless, for greater convenience of those concerned, it shall order such investigation to be held at some other place, and said investigation may be adjourned from place to place as may be found necessary and convenient. The Commission shall seasonably notify an officer or station agent of the company of the time and place of the investigation. The cost of such investigation shall be certified by the Chairman of the Commission, and the same shall be audited and paid by the State in the same manner as other expenses are audited and paid and a record or file of said proceedings and evidence shall be kept by said Commission. Sec. 31. The Commission shall inquire into any neglect or violation of the laws of this State by any such railroad corporation hereinbefore defined doing business therein, or by the officers, agents or employees thereof, or by any person operating a railroad, and shall have the power and it shall be its duty to enforce the provisions of this Act as well as all other laws relating to railroads and report all violations thereof to the Attorney-General; upon request of the Commission it shall be the duty of the Attorney-General or the prosecuting attorney of the proper, or any county, to aid in any investigation, prosecution, hearing or trial had under the provisions of this Act, and to institute and prosecute all necessary actions or proceedings for the enforcement of this Act and all other laws of this State relating to railroads and for the punishment of all violations thereof. Any forfeiture or penalty herein provided shall be recovered and suit thereon shall be brought in the name of the State of Nevada in the District Court of any county having jurisdiction of the defendant. The Attorney-General of Nevada shall be the counsel in any proceeding, investigation, hearing or trial prosecuted or defended by the Commission or any prosecuting attorney selected by said Commission, or other special counsel furnished said Commission, in any county where such action is pending. |
κ1907 Statutes of Nevada, Page 91 (CHAPTER 44)κ
counsel in any proceeding, investigation, hearing or trial prosecuted or defended by the Commission or any prosecuting attorney selected by said Commission, or other special counsel furnished said Commission, in any county where such action is pending. Sec. 32. All claims against any railroad for loss of or damage to property from any cause, or for overcharge upon any shipments, or for any other service, if not acted upon within ninety days from the date of the filing of such claim with the railroad, may be investigated by the Commission in its discretion, and the result of such investigation shall be embodied in a special report which shall be open to public inspection and may be included in the next annual report of the Commission. Sec. 33. A substantial compliance with the requirements of this Act shall be sufficient to give effect to all rules, orders, acts and regulations of the Commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. Sec. 34. This Act shall not have the effect to release or waive any right of action by the State or by any person for any right, penalty, or forfeiture which may have arisen or which may hereafter arise under any law of this State; and all penalties and forfeitures accruing under this Act shall be cumulative and a suit for, and recovery of one, shall not be a bar to the recovery of any other penalty. Sec. 35. In addition to all the other remedies provided by this Act for the prevention and punishment of any and all violations as to the provisions hereof and all orders of the Commission, the Commission can compel compliance with the provisions of this Act and of the orders of the Commission by proceedings in mandamus, injunction or by other civil remedies. Sec. 36. Every railroad in this State shall, within sixty days after the passage of this Act, file in the office of the Commission copies of all schedules of rates, including joint rates in force on its line or lines, between points within this State on the date this act takes effect. Sec. 37. Each section of this Act and every part of each section is hereby declared to be independent sections and parts of sections and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect any other section or any part thereof. Sec. 38. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
All claims for damages may be investigated by Commission.
Technicalities ignored
This Act not to affect any suits at law.
Commission may use any legal civil remedy.
Railroad shall file schedules.
Act construed.
Repeal. |
________
κ1907 Statutes of Nevada, Page 92κ
Clerk for Governor.
For Secretary of State.
For State Treasurer.
Duties of Controller and Treasurer.
In effect. |
Chap. XLV.An Act authorizing the Governor, Secretary of State and State Treasurer to employ Clerks and Typists, and fixing their compensation.
[Approved March 6, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor of the State of Nevada is hereby authorized to employ a Clerk, whose compensation shall be twelve hundred dollars per annum. Sec. 2. The Secretary of State is hereby authorized to employ a Clerk, whose compensation shall be two thousand dollars per annum, and two Typists, whose compensation shall be twelve hundred dollars per annum each. Sec. 3. The State Treasurer is hereby authorized to employ a Clerk, whose compensation shall be twelve hundred dollars per annum. Sec. 4. The Controller shall at the end of each month draw his warrant upon the State Treasury in favor of such Clerks and Typists for the amount of compensation due, and the State Treasurer shall pay the same out of any money in the State Treasury not otherwise specifically appropriated. Sec. 5. This Act shall take effect immediately upon its approval. |
________
Fixing labor rates on public roads in Ormsby County.
Commissioners to allow claims. |
Chap. XLVI.An Act fixing the rates of compensation for work and labor performed on the public roads and highways of Ormsby County.
[Approved March 6, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the approval of this Act all work upon the public roads and highways of Ormsby County, performed under and by virtue of the authority and direction of the Board of County Commissioners of said county, shall be paid for at the following rates, namely: For the personal services of each man employed, three ($3) dollars per day; for the services of one man and one horse or mule, with harness, wagon or other necessary appliance for working, four ($4) dollars per day; and for each additional horse or mule properly equipped for working, one ($1) dollar per day, the day herein mentioned to be eight hours of actual labor. Sec. 2. The Board of County Commissioners of said county is hereby directed to allow all claims, otherwise just, for the work specified in section one, at the rates therein prescribed; the County Auditor is directed to draw his warrants upon such allowance, and the County Treasurer is directed to pay the same. |
κ1907 Statutes of Nevada, Page 93 (CHAPTER 46)κ
Sec. 3. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
Repeal. |
________
Chap. XLVII.An Act to authorize the School Trustees of Elko School District No. 1, in Elko County, State of Nevada, to issue bonds for the purpose of building a new school house or providing additional school room for said school district.
[Approved March 6, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of Elko School District No. 1, in Elko County, State of Nevada, are hereby authorized, under the provisions of this Act, to issue bonds bearing interest not to exceed six (6) per cent per annum for a sum not to exceed twenty thousand dollars in United States gold coin, none of which bonds shall run for a period longer than twenty (20) years from the date thereof. Sec. 2. Said bonds shall be issued for sums not less than one hundred dollars each in gold coin, and shall be sold at not less than par value, and shall be payable to bearer, and the interest thereon shall be payable annually, and coupons of each installment of such interest shall be attached to each of said bonds. Sec. 3. The Board of Trustees of said school district are hereby authorized, when in their judgment they deem it advisable, to purchase suitable grounds, to build a new school house, or one or more school rooms for said district in addition to those now in use, to call an election for the purpose of providing means therefor. Such election shall be called in the manner provided by law for calling elections for the purpose of raising money for similar purposes in school districts, and if a majority of the votes cast at said election in said district by the persons qualified to vote at said election, shall vote to carry out the recommendations of said Board of Trustees, then the said Board shall proceed to issue the bonds herein provided for in this Act, but before doing so said Board of Trustees shall certify the result of said election to the Board of County Commissioners of said county. Sec. 4. Should the majority of the votes cast at said election be in favor of improving and adding to the present school building in said district instead of building a new school house, then, and in that event, the said Board of Trustees are hereby authorized to issue bonds bearing interest not to exceed six (6) per cent per annum for a sum not to exceed five thousand ($5,000) dollars in United States gold coin, none of which said bonds shall run for a period longer than five years from the date thereof, and to be issued as provided for in Section 2 of this Act. |
School bonds in Elko County.
Description.
Election.
Bonds.
Rate of Interest. |
κ1907 Statutes of Nevada, Page 94 (CHAPTER 47)κ
How signed.
School District No. 1 Building Fund.
Special tax for interest.
Special tax for redemption of bonds.
Excess transferred to School Fund. |
Sec. 5. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees and countersigned by the County Treasurer of said Elko County, State of Nevada. Sec. 6. All moneys received from the sale of said bonds shall be paid into the county treasury, and the County Treasurer is hereby required to receive, and safely keep the same in a fund to be known as the School District No. 1 Building Fund, and to pay out the money only on warrants signed by the Chairman and Clerk of said Board of Trustees, and duly allowed by the Board of County Commissioners of said Elko County. The County Treasurer shall be liable, on his official bond, for the safe keeping of said moneys which shall come into his hand, and for the faithful discharge of his duties in relation thereto. Sec. 7. For the purpose of providing for the payment of the interest upon said bonds the Board of County Commissioners of said Elko County are hereby authorized and required at the time of the annual levy of taxes for State and county purposes for the year nineteen hundred and seven and annually thereafter, to levy upon the property of said school district such a tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds, as herein provided. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes; shall be paid into the county treasury and kept by the Treasurer in a fund to be known as the School District No.1 Interest Fund, and the money in said fund shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same becomes due, upon presentation and surrender by the holder of the coupon therefor. Sec. 8. To provide for the payment of the bonds herein authorized to be issued, the said Board of County Commissioners shall, in the year 1907 and annually thereafter, levy a special and additional tax upon all the property situated within said School District No. 1, sufficient in their judgment to raise the sum of one thousand dollars each year, which shall be assessed and collected the same as other taxes, paid to the County Treasurer, and by him assigned to the General Fund of said county. At the maturity of said bonds, they shall be paid by the County Treasurer out of the General Fund of the county, upon the presentation and surrender of said bonds. If the tax, so as aforesaid levied, for the redemption of said bonds, shall exceed the sum of one thousand dollars a year, whenever the aggregate amount of money so collected shall equal the full sum necessary to redeem said bonds the tax hereby authorized for such purpose shall cease, and should there be any excess over and above the amount required to carry out the provisions of this Act, the amount of such excess shall be transferred to the School Fund of said district. |
κ1907 Statutes of Nevada, Page 95 (CHAPTER 47)κ
Fund of said district. Should the amount of said tax realized be less than the amount necessary for the redemption of said bonds, they shall, nevertheless, be redeemed and paid out of said General Fund, as herein provided, and a special tax shall be levied by the County Commissioners, upon the property within said school district for the year in which the last bond shall fall due, sufficient to cover said deficiency, which tax shall be levied, assessed and collected in the usual manner, and paid into the General Fund of said county. |
|
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Chap. XLVIII.An Act to authorize the Board of School Trustees of School District Number Four, in the Town of Fallon, Churchill County, State of Nevada, to issue bonds for the purpose of building a school house in said district.
[Approved March 6, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of School District Number Four, in the Town of Fallon, Churchill County, State of Nevada, are hereby authorized and required, within thirty days after the approval of this Act by the duly qualified electors of said school district, to prepare and issue the bonds of said school district in the amount of ten thousand dollars, exclusive of interest, for the purpose of providing funds for the erection of a suitable school building for said district; provided, that this Act shall be submitted to the voters of the school district at a special election called by the Board of Trustees of said school district and the duly qualified electors shall ratify the same by a majority vote. The Board of Trustees to prepare the manner and form of ballot, but in the main to conform to the proposition thus: For the issuance of bonds-Yes. For the issuance of bonds-No. The result of the vote to be canvassed, declared and proclaimed by the Board of School Trustees. Sec. 2. The bonds authorized under the provisions of section one of this Act shall be issued in the sum of five hundred dollars each; shall bear interest at a rate not to exceed six per cent per annum; said bonds shall be numbered from one to twenty inclusive, and shall be signed by the Chairman and Clerk of said Board of School Trustees and countersigned by the Treasurer of Churchill County. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bond, and each of such coupons shall be consecutively numbered and signed by the Chairman and Clerk of said Board of Trustees and County Treasurer. Sec. 3. The Board of Trustees of School District Number Four are hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals, or by private sale, as they may deem for the best interest of the school district; provided, that no bonds shall be sold for less than their par value, and that the bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin. |
Question of issuing bonds to be submitted to popular vote in Fallon, Churchill County.
Denomination of bonds.
Interest. |
κ1907 Statutes of Nevada, Page 96 (CHAPTER 48)κ
Trustees to negotiate sale of bonds.
When redeemed.
Churchill County School District Number Four Fund.
County Commissioners to levy additional tax.
Bonds, where payable.
Residue to revert. |
Four are hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals, or by private sale, as they may deem for the best interest of the school district; provided, that no bonds shall be sold for less than their par value, and that the bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin. Sec. 4. On the first Monday in January, 1909, and annually thereafter, one of said bonds, together with the interest thereon, shall be paid and redeemed by the Treasurer of Churchill County. The payment and redemption of said bonds shall be in the order of their issuance, the lowest numbered bond to be the first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this Act shall have been paid and redeemed. Coupons shall be paid annually, and in no case shall any of said bonds run for a longer period than twenty years. Sec. 5. All moneys received from the sale of said bonds shall be paid to the County Treasurer, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as Churchill County School District Number Four Fund, and to pay out said moneys only on warrants signed by the Chairman and Clerk of said Board of School Trustees and approved by the County Superintendent of Schools of Churchill County. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands and for the faithful discharge of his duties in relation thereto. Sec. 6. For the purpose of creating a fund for the payment of the bonds authorized by this Act and the interest thereon the Board of County Commissioners of Churchill County are hereby authorized and required at the time of the annual levy of taxes for State and county purposes for the year 1908, and annually thereafter, to levy a sufficient tax on all property, both real and personal, within the boundaries of said School District Number 4 to redeem one of said bonds each year, and the payment each year of the accumulated interest on all of the bonds authorized by this Act. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury and set apart as a fund which is hereby created, to be known as the Churchill County School District Number Four Fund. Sec. 7. All bonds issued under the provisions of this Act shall be payable at the office of the County Treasurer of Churchill County, Nevada, as the same become due, and interest on such bonds shall cease as the same mature. Sec. 8. Whenever at the end of any fiscal year there shall remain any money in said fund, after paying the interest on said bonds and the redemption of one of said bonds, as provided for in section four of this Act, the Board of County Commissioners shall order the money so remaining to be transferred from the Churchill County School District Number Four Fund to the Churchill County School District Number Four General Fund. |
κ1907 Statutes of Nevada, Page 97 (CHAPTER 48)κ
County Commissioners shall order the money so remaining to be transferred from the Churchill County School District Number Four Fund to the Churchill County School District Number Four General Fund. Sec. 9. The Board of School Trustees of School District Number Four are hereby prohibited from expending more than ten thousand dollars for the erection of a suitable school building for said district. |
Cost of school building limited. |
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Chap. XLIX.An Act to amend an Act entitled An Act to provide policemen in unincorporated cities, towns and villages, approved March 11, 1865.
[Approved March 11, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of the various counties of the State of Nevada are hereby empowered to levy and collect a tax of not exceeding one-half of one per cent 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. Sec. 2. Section nine of said Act is hereby amended so as to read as follows: Section 9. The Board of County Commissioners of any county are hereby empowered and required to appoint policemen, not exceeding two in number, in any unincorporated city, town, or village, and to fix their compensation, not exceeding one hundred and fifty dollars per month; and said Board of County Commissioners may, at any time, remove such policemen and appoint others in their place, whenever they shall deem it necessary for the public good. Such policemen shall serve within the limits of such unincorporated cities, towns and villages; and said Board of County Commissioners shall have power to appoint such other special policemen as, in their judgment, the public safety may require, whose compensation shall not exceed four ($4) dollars per day, or per night, as the case may be, and who shall continue to serve only during the pleasure of said Board of County Commissioners. 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 the peace officers according to the laws of this State, and within the limits of any unincorporated cities, towns and villages, as aforesaid; and 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 or persons. Sec. 3. Section ten of said Act is hereby amended so as to read as follows: |
Tax for police protection.
County Commissioners may appoint policemen. |
κ1907 Statutes of Nevada, Page 98 (CHAPTER 49)κ
Policemen to be appointed only upon petition of property holders.
Same. |
Section 10. The provisions of this Act 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 aforesaid, shall petition to the Board of County Commissioners of the county wherein such city, town, or village is situated, setting forth the following facts: 1. That said petition contains the names of the majority of the property holders of such city, town or village, as the case may be. 2. That they request the appointment of such policemen and the levying of a tax of one-half of one per cent as a compensation therefor as herein provided. Sec. 4. Section eleven of said Act is hereby amended so as to read as follows: Section 11. Upon the presentation of a petition, in compliance with the provisions of Section 10 of this Act, it shall be the duty of the Board of County Commissioners, in which county such city, town, or village is situated, to levy said taxes aforesaid, and to make the appointment of one or more policemen, in accordance with the request of such petition. |
________
Salaries of Esmeralda County officers.
Sheriff.
Clerk. |
Chap. LAn Act pertaining to compensation of county officers in Esmeralda County, in the State of Nevada, and repealing all Acts or parts of Acts in conflict therewith.
[Approved March 11, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act the county officers of Esmeralda County, named in this Act, shall receive the following salaries, fees and commissions for their services, and none other. The Sheriff and ex officio Assessor shall receive $4,000 per annum, and all fees in civil cases, and such fees and commissions as are now allowed by law for the collection of all licenses, bullion taxes, and poll taxes. The Sheriff and ex officio Assessor shall be allowed one Deputy Sheriff, to be appointed by him, at a salary of $2,400 per annum. He shall also appoint one Deputy Assessor, who shall receive a salary of $1,800 per annum. He shall also appoint as many Deputy Sheriffs as he may think necessary, but the County Commissioners of Esmeralda County shall fix the number and the compensation of the deputies who are to be paid by Esmeralda County. The County Clerk and ex officio County Treasurer shall receive the sum of $3,600 per annum. He shall appoint one deputy, who shall receive $1,800 per annum, and such other office clerks as the Board of County Commissioners of said county shall allow him. |
κ1907 Statutes of Nevada, Page 99 (CHAPTER 50)κ
The County Recorder and Auditor shall receive $900 per annum as Auditor, and as Recorder he shall receive such fees as are now allowed by Section 4 of an Act entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1883. The District Attorney and ex officio Superintendent of Public Schools shall receive $3,000 per annum, and such fees and commissions as are now allowed by law. The County Commissioners shall receive $900 per annum and mileage at the rate of twenty cents per mile in going and coming to the county seat when attending a session of the Board. Sec. 2. All Acts or parts of Acts in conflict with this Act are hereby repealed. |
Recorder.
District Attorney.
Commissioners.
Repeal. |
________
Chap. LI.An Act fixing the salary of the Superintendent and Matron of the State Orphans Home.
[Approved March 11, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first day of April, nineteen hundred and seven, the salary of the Superintendent and Matron of the State Orphans Home shall be two thousand four hundred dollars ($2,400) per annum for the services of both. |
Salary of Superintendent and Matron increased. |
________
Chap. LII.An Act to provide for the appointment of Official Reporters for the District Courts, their duties, qualifications and compensation, and to repeal all former Acts in relation thereto.
[Approved March 12, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Judge or Judges of any District Court in the State may appoint a competent phonographic reporter, or as many such reporters as there are Judges, to be known as Official Reporter or Reporters of such court, and to hold office during the pleasure of the Judge or Judges appointing them. Such reporter, or any one of them, where there are two or more, must, at the request of either party, or of the Court in a civil action or proceeding, and on the order of the Court, the District Attorney or the attorney for the defendant in a criminal action or proceeding, take down in shorthand all the testimony, the objections made, the rulings of the Court, the exceptions taken, all arraignments, plea and sentences of defendants in criminal cases, and all statements and remarks made and oral instructions given by the Judge; and if directed by the Court, or requested by either party, must, within such reasonable time after the trial of such case as the Court may designate, write out the same, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter, or other printing machine, and certify to the same as being correctly reported and transcribed, and when directed by the Court file the same with the Clerk of the Court. |
Official Reporters for District Courts.
Duties. |
κ1907 Statutes of Nevada, Page 100 (CHAPTER 52)κ
Qualifications.
To act personally.
Oath of office.
Reporters transcript prima facie evidence. |
if directed by the Court, or requested by either party, must, within such reasonable time after the trial of such case as the Court may designate, write out the same, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter, or other printing machine, and certify to the same as being correctly reported and transcribed, and when directed by the Court file the same with the Clerk of the Court. Sec. 2. No person shall be appointed to the position of Official Reporter of any court in this State except upon satisfactory evidence of good moral character and without being first examined as to his competency by at least three members of the bar practicing in said court, such members to be designated by the Judge or Judges of said court. The committee of members of the bar so designated shall, upon the request of the Judge or Judges of said court, examine any person as to his qualifications whom said Judge or Judges may wish to appoint as Official Reporter; and no person shall be appointed to such position upon whose qualifications such committee shall not have reported favorably. The test of competency before such committee shall be as follows: The party examined must write in the presence of such committee at the rate of at least one hundred and fifty words per minute, for five consecutive minutes, upon matter not previously written by or known to him, immediately read the same back to the committee, and transcribe the same into longhand writing, plainly and with accuracy. If he pass such test satisfactorily, the committee shall furnish him with a written certificate of that fact, signed by at least a majority of the members of the committee, which certificate shall be filed among the records of the court. Sec. 3. The Official Reporter of any District Court shall attend to the duties of his office in person, except when excused for good and sufficient reason by order of the Court, which order shall be entered upon the minutes of the court. Employment in his professional capacity elsewhere shall not be deemed a good and sufficient reason for such excuse. When the Official Reporter of any court has been excused in the manner provided in this section, the Court may designate an Official Reporter pro tempore, who shall perform the same duties and receive the same compensation during the term of his employment as the Official Reporter. Sec. 4. The Official Reporter of any court, or Official Reporter pro tempore, shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office. Sec. 5. The report of the Official Reporter, or Official Reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of such testimony and proceedings. |
κ1907 Statutes of Nevada, Page 101 (CHAPTER 52)κ
Sec. 6. For his services the Official Reporter shall receive the following fees: For reporting testimony and proceedings, ten dollars per day, which amount, when more than one case is reported in one day, must be apportioned by the Court between the several cases. For transcription, he shall receive ten cents per hundred words for the first copy, and five cents per hundred words for each additional copy. In criminal cases, the fees for reporting and for transcripts ordered by the Court to be made must be paid out of the county treasury upon the order of the Court; provided, that when there is no Official Reporter in attendance, and a Reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the Court and paid in like manner. In civil cases the fees for reporting and for transcripts ordered by the Court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof; and in either case, all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No Reporter must be required to perform any service in a civil case until his fees therefor have been paid to him or deposited with the Clerk of the Court. Sec. 7. All Acts or parts of Acts in conflict herewith are hereby repealed. Sec. 8. This Act shall take effect and be in force from and after its approval. |
Compensation.
How paid.
Repeal. In effect. |
________
Chap. LIII.An Act for the relief of the University of Nevada in regard to the appropriation for the years 1905 and 1906.
[Approved March 12, 1907.]
Whereas, It became necessary on the part of the Board of Regents of the University of Nevada to exceed the sum of their appropriation for the years 1905 and 1906 by reason of an emergency which called for unexpected demands upon the appropriation for the last two years; and Whereas, This emergency required the Regents to put in new heating apparatus in Lincoln Hall and in Manzanita Hall, and to build a walk across the Valley to the Hatch Station, and to provide out of last years appropriation for wood and coal; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five thousand eight hundred forty-two dollars and thirty-one cents ($5,842.31) is hereby appropriated out of any money in the State Treasury not otherwise appropriated in payment of the following claims:
|
Relief of University.
Appropriation for deficiencies. |
κ1907 Statutes of Nevada, Page 102 (CHAPTER 53)κ
University deficiencies. |
appropriated out of any money in the State Treasury not otherwise appropriated in payment of the following claims: October pay roll-Employees, one thousand five hundred seventy-one dollars and seventy cents ($1,571.70); November pay roll-Employees, one thousand two hundred eighty dollars and four cents ($1,280.04); December pay roll-Employees, one thousand two hundred eighty dollars and four cents ($1,280.04); October pay roll-Students, two hundred ninety-one dollars and seventy cents ($291.70); November pay roll-Students, two hundred sixty-three dollars and forty-five cents ($263.45); December pay roll-Students, one hundred twenty-six dollars and eighty-five cents ($126.85); Reno Mercantile Company, supplies, eighty-four dollars and twenty cents ($84.20); Reno Mercantile Company, supplies, eight dollars and twelve cents ($8.12); E. L. Drappo, fuel, five hundred and thirty-seven dollars and fifty cents ($537.50); E. C. Stewart, furniture, one hundred forty-four dollars and eighty cents ($144.80); Baker & Taylor Company, books, one dollar fifty-six cents ($1.56); G. E. Stechert & Co., forty-four dollars and forty-five cents ($44.45); Reno Power, Light and Water Company, electric lights, one hundred fifty dollars ($150); Nevada Hardware and Supply Company, supplies, two dollars and fifty cents ($2.50); Yawman & Erbe Manufacturing Company, furniture, fifty-five dollars and forty cents ($55.40); and the State Controller is hereby directed and required to draw his warrant for the said claims, and the State Treasurer is hereby authorized and required to pay the same. |
________
Salaries of certain Washoe County officers. |
Chap. LIV.An Act fixing and regulating the salaries of certain officers of Washoe County, Nevada, and the compensation of deputies and assistants in office.
[Approved March 12, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the approval of this Act the Assessor of Washoe County, Nevada, shall receive a salary of twenty-six hundred dollars per annum, and the further sum of twenty-four hundred dollars per annum to be disbursed as compensation for deputies. Sec. 2. The County Treasurer of Washoe County, Nevada, shall receive a salary of twenty-one hundred dollars per annum, and the further sum of one thousand dollars for assistants. Sec. 3. The County Recorder and ex officio Auditor shall receive a salary of twenty-one hundred dollars per year, of which sum twelve hundred dollars shall be his salary as Auditor, and the further sum of one thousand dollars for a Deputy Auditor, and the further sum of fifteen hundred dollars for copyists. |
κ1907 Statutes of Nevada, Page 103 (CHAPTER 54)κ
Deputy Auditor, and the further sum of fifteen hundred dollars for copyists. Sec. 4. The County Commissioners of Washoe County shall receive a salary of nine hundred dollars each per annum. Sec. 5. All Acts and parts of Acts in conflict herewith are hereby repealed. |
Repeal. |
________
Chap. LV.An Act for the relief of Wellington Bowen.
[Approved March 12, 1907.]
Whereas, On the first day of December, one thousand eight hundred and seventy, Wellington Bowen displayed marvelous heroism in the defense of the State Prison and, at the imminent peril of his own life, defended the officers and guards from the infuriated convicts, thereby preventing a general outbreak of the prisoners, received a wound upon the head from a slungshot in the hands of a prisoner, which disabled him for life; and Whereas, Said Bowen, from the effects of said wound, now and for a long time past, has been unable to labor for his own support, and is utterly helpless and indigent; and Whereas, The Legislature of the State of Nevada did at its Twenty-first Session pass an Act appropriating the sum of two thousand ($2,000) dollars for the benefit of said Wellington Bowen in appreciation of the services so rendered; and Whereas, Said appropriation has been exhausted, now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand ($2,000) dollars or so much thereof as may be necessary to be used and paid as hereinafter specified is hereby appropriated out of any moneys in the General Fund of the State Treasury, not otherwise appropriated, for the benefit of the said Wellington Bowen. Sec. 2. It shall be the duty of the State Controller to draw his warrant on the State Treasurer in favor of the said Wellington Bowen for the sum of not less than thirty ($30) dollars nor more than forty ($40) dollars, for each and every month during the lifetime of the said Wellington Bowen, or until the said sum of two thousand ($2,000) dollars shall be fully exhausted, Chap. |
Preamble.
Appropriation of $2,000.
To be paid monthly. |
________
κ1907 Statutes of Nevada, Page 104κ
Salaries of certain Washoe County officers.
Repeal. |
Chap. LVI.An Act pertaining to compensation of Sheriff and Deputy Sheriffs of Washoe County, in the State of Nevada.
[Approved March 12, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act the Sheriff of Washoe County shall receive three hundred dollars ($300) per month. The Under Sheriff of Washoe County shall receive one hundred and fifty dollars ($150) per month. The Bailiff of Court of Washoe County shall receive one hundred dollars ($100) per month. The Jailer of Washoe County shall receive one hundred dollars ($100) per month. Sec. 2. All Acts or parts of Acts in conflict with this Act are hereby repealed. |
________
Unlawful to pollute any stream. |
Chap. LVII.An Act to amend an Act entitled An Act to prevent pollution or contamination of the waters of the lakes, rivers, streams and ditches in the State of Nevada, prescribing penalties, and making an appropriation to carry out the provisions of this Act, approved March 20, 1903.
[Approved March 12, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above entitled Act is hereby amended so as to read as follows: Section 1. Any person or persons, firm, company, or corporation or association in this State or the managing agent of any person or persons, firm, company, corporation, or association in this State, or any duly elected, appointed or lawfully created State officer of this State, or any duly elected, appointed or lawfully created officer of any county, city, town, municipality, or municipal government in this state, who shall deposit, or who shall permit or allow any person or persons in their employ or under their control, management or direction to deposit in any of the waters of the lakes, rivers, streams and ditches in this state any sawdust, rubbish, filth, or poisonous, or deleterious substance or substances, liable to affect the health of persons, fish, or live stock, or place or deposit any such deleterious substance or substances in any place where the same may be washed or infiltered into any of the waters herein named, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not less than fifty dollars nor more than five hundred dollars, exclusive of court costs, provided, that in cases of State institutions, municipalities, towns, incorporated towns or cities, when, owing to the magnitude of the work, immediate correction of the evil is impracticable, then in such cases the authorities shall adopt all new work, and as rapidly as possible reconstruct the old systems of drainage sewerage so as to conform with the provisions of this Act; and provided further, that all such new and reconstructed systems shall be completed before March 20, 1911; provided, that nothing in this Act shall be so construed as to permit mining or milling companies to dump tailings directly into any stream in this State so as to prevent or impede the natural flow of such stream. |
κ1907 Statutes of Nevada, Page 105 (CHAPTER 57)κ
costs, provided, that in cases of State institutions, municipalities, towns, incorporated towns or cities, when, owing to the magnitude of the work, immediate correction of the evil is impracticable, then in such cases the authorities shall adopt all new work, and as rapidly as possible reconstruct the old systems of drainage sewerage so as to conform with the provisions of this Act; and provided further, that all such new and reconstructed systems shall be completed before March 20, 1911; provided, that nothing in this Act shall be so construed as to permit mining or milling companies to dump tailings directly into any stream in this State so as to prevent or impede the natural flow of such stream. Nothing in this Act shall be so construed as to apply to any quartz mill or ore reduction works in this State. |
Proviso.
Exception. |
________
Chap. LVIII.An Act to amend Section 123 of an Act entitled An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto, approved March 8, 1869.
[Approved March 12, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and twenty-three of the said Act is hereby amended so as to read as follows. Section 123. The plaintiff at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment as hereinafter provided in the following cases: First-In an action upon a judgment or upon a contract, expressed or implied, for the direct payment of money, which is not secured by mortgage, lien or pledge upon real or personal property situated or being in this State, and if so secured when such security has been rendered nugatory by the act of the defendant. Second-In an action against a defendant not residing in this State. Third-In an action by a resident of this State for the recovery of the value of property, where such property has been converted by a defendant without the consent of the owner. Fourth-Where a defendant has absconded, or is about to abscond with the intent to defraud his creditors. Fifth-Where a defendant conceals himself so that service of summons cannot be made upon him. Sixth-Where a defendant is about to remove his property, or any part thereof, beyond the jurisdiction of the court, with the intent to defraud his creditors. |
Attachment of defendants property, for what allowed. |
κ1907 Statutes of Nevada, Page 106 (CHAPTER 58)κ
Attachment, for what allowed.
Repeal. |
or any part thereof, beyond the jurisdiction of the court, with the intent to defraud his creditors. Seventh-Where a defendant is about to convert his property, or any part thereof, into money, with the intent to place it beyond the reach of his creditors. Eighth-Where a defendant has assigned, removed, disposed of, or is about to dispose of his property, or any part thereof, with the intent to defraud his creditors. Ninth-Where a defendant has fraudulently or criminally contracted the debt or incurred the obligation for which suit has been commenced. Sec. 2. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. |
________
General method of issuing school bonds.
Question of issuing bonds submitted to popular vote.
Election, how conducted. |
Chap. LIX.An Act to enable the several school districts of the State to issue negotiable coupon bonds for the purpose of erecting and furnishing school buildings, or purchasing ground, or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized and the interest thereon.
[Approved March 12, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any school district of the State now existing, or which may hereafter be created, is hereby authorized to borrow money for the purposes of erecting and furnishing a school building or buildings, or purchasing ground upon which to erect such school building or buildings, or for refunding floating indebtedness, by issuing the negotiable coupon bonds of the district in the manner by this Act provided. Sec. 2. When the Board of Trustees of any school district shall deem it necessary to incur an indebtedness authorized by this Act by issuing the negotiable coupon bonds of the district, such Board of Trustees shall first determine the amount of such bonds to be issued, and a certificate of such determination shall be made and entered in and upon the records of said district. Thereupon the Board of School Trustees shall, by resolution duly made and entered in and upon the records of said board, submit the question of contracting a bonded indebtedness for any of the purposes authorized by this Act to a vote of the duly qualified electors of the district at the next general election of the School Trustees, or at a special election which the School Trustees are hereby authorized to call for such purpose. Sec. 3. The election provided in this Act shall be called and held, and the vote canvassed and returned, in all respects as nearly as may be in accordance with the provisions of law now governing the election of School Trustees; provided, that if there is a newspaper published in the school district, the notice shall be published for at least once a week for two successive weeks, preceding said election. |
κ1907 Statutes of Nevada, Page 107 (CHAPTER 59)κ
now governing the election of School Trustees; provided, that if there is a newspaper published in the school district, the notice shall be published for at least once a week for two successive weeks, preceding said election. The election notice must contain- First-The time and place of holding such election. Second-The name of Inspectors and Judges to conduct the same. Third-The hours during the day in which the polls will be open. Fourth-The amount and denomination of the bonds, the rate of interest and the number of years, not exceeding twenty, the bonds are to run. All persons voting on the question submitted at such election shall vote by separate ballot whereon is placed the words For the Bonds or Against the Bonds. The ballots shall be deposited in a separate ballot box provided by the School Trustees for that purpose. Sec. 4. If upon the official determination of the result of such election it appear that a majority of all the votes cast are For the Bonds, the Board of Trustees, as soon as practicable, shall issue the negotiable coupon bonds of the district in such form and denomination as the Board of Trustees may direct, said bonds to run for a period not to exceed twenty (20) years from the date of issue, and bearing interest at a rate not exceeding eight (8) per cent per annum, payable semi-annually, both principal and interest payable at such place as the Board of Trustees may direct, said bonds not to be sold for less than their par value. And before said sale is made notice of such proposed sale must be given by publication, in a newspaper, if there is a newspaper published in the district, for at least one week before said bonds are disposed of, inviting sealed bids to be made for said bonds, and said bonds are to be sold to the highest and best bidder for said bonds; provided, if there is no newspaper published in said school district, the notice herein provided for shall be given by posting in three public places in said school district for at least ten days before said bonds are disposed of. Sec. 5. All bonds issued under the provisions of this Act shall be signed by the Chairman of the Board of Trustees and be duly attested by the Clerk thereof, and shall bear the seal of the district if the district has a seal, and shall be countersigned by the County Treasurer. Sec. 6. Before any district shall issue bonds under the provisions of this Act, all such bonds shall be presented to the Treasurer of the county to be duly registered by him in a book kept for that purpose in his office, which registry shall show the school district, the amount, the time of payment and the rate of interest, and all such bonds shall bear the certificate of the County Treasurer to the effect that they are issued and registered under the provisions of this Act. |
Election notice to contain.
Bonds to run no longer than twenty years.
Sale of bonds to be published.
Bonds signed; seal.
Register of bonds. |
κ1907 Statutes of Nevada, Page 108 (CHAPTER 59)κ
Special tax for interest and redemption of bonds.
Sinking Fund
Change in boundary not to release property for taxes. |
After such registry the bonds shall be at the disposal of the Board of Trustees of the district issuing the same, to be sold for the purpose of raising funds for the objects designated by this Act. Sec. 7. Whenever any school district shall issue any bonds under the provisions of this Act it shall be the duty of the Board of Commissioners of the county in which such district may be situated to levy and assess a special tax on all the taxable property of such district in an amount sufficient to pay the interest thereon when the same shall become due according to the tenor and effect of said bonds, and the County Treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him; and if there shall be any surplus after paying said interest and the expenses of collecting such special tax the Treasurer shall without delay pass the same to the credit of such school district and such funds so passed to the credit of the district shall be subject to the disposal of the Board of Trustees; and beginning with the year the bonds are issued, and annually thereafter, until the full payment of said bonds has been made, the Board of County Commissioners of the county in which said school district is situated, shall levy and assess a special tax, and shall cause said special tax to be collected on all property of the school district including the net proceeds of mines, sufficient to pay annually a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, which amount shall be levied, assessed and collected in the same manner as the tax for the payment of the interest coupons and when collected shall be known as the Sinking Fund, and shall be used only in the payment of such bonds. The sinking fund thus provided may be applied to the purchase and cancelation of the outstanding bonds of the district. At the maturity of such bonds the County Treasurer shall call in and pay such bonds and accrued interest thereon and duly cancel the same, and certify his action to the Board of Trustees of the school district. Sec. 8. No change in the boundary lines of any school district shall release the taxable real property of the district from assessment and levy of the taxes to pay the interest release and principal of such bonds, and if there shall be any change in the boundary of such school district so as to leave any portion of the taxable real property of the district which was subject to taxation in the district at the time of the issue of such bonds, the assessment and levy of taxes for the payment of the principal and interest of such bonds shall be made on such property as if it were still within the district, and if there shall be any change of the boundary lines of such school district so as to annex or include any taxable or real property, after the issue of such bonds, the real property so included or annexed shall thereafter be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds. |
κ1907 Statutes of Nevada, Page 109 (CHAPTER 59)κ
so included or annexed shall thereafter be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds. Sec. 9. All taxes levied and assessed as in this Act provided shall constitute a lien on the property charged therewith, from the date of the levy thereof by the County Commissioners, or the entry thereof on the assessment roll of the County Auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of State and county taxes. And no additional allowance, fee or compensation whatever shall be paid to any officer for carrying out the provisions of this Act. Sec. 10. This Act and the provisions contained herein shall only apply to school districts having one hundred or more school pupils enrolled in said school district. All Acts and parts of Acts in conflict herewith are hereby repealed. |
Taxes constitute lien on property.
Applies only to certain districts. |
________
Chap. LX.An Act to prohibit the making or publishing of false or exaggerated statements or publications of or concerning the affairs, pecuniary condition or property of any corporation, joint-stock association, copartnership or individual, which said statements or publications are intended to give, or shall have a tendency to give, a less or greater apparent value to the shares, bonds or property, or any part thereof of said corporation, joint-stock association, copartnership or individual, than the said shares, bonds or property shall really and in fact possess, and providing a penalty therefor.
[Approved March 12, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or corporation or joint-stock company or copartnership, who knowingly makes or causes to be published in any way whatever, or permits to be made or published, any book, prospectus, notice, report, statement, exhibit or other publication of or concerning the affairs, financial condition or property or receipts or expenditures of any corporation, joint-stock association, copartnership or individual, which said book, prospectus, notice, report, statement, exhibit or other publication shall contain any statement which he knows to be false, shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned in the State Prison for not more than ten years, or fined not more than ten thousand dollars ($10,000), or shall suffer both said fine and imprisonment. |
Publication of false statements of financial conditions a felony.
Penalty. |
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κ1907 Statutes of Nevada, Page 110κ
Bonds for improving Nye County Court House at Tonopah.
Description of bonds.
Record kept.
County Commissioners to negotiate sale of bonds
Description.
Interest. |
Chap. LXI.An Act to authorize the Board of County Commissioners of Nye County to issue bonds for the purpose of creating a fund for the improvement and enlargement of the County Court House of Nye County, and for such other improvements within the county as they may deem fit and necessary.
[Approved March 13, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At any time within two years from and after the approval of this Act the Board of County Commissioners of Nye County are hereby authorized and empowered to prepare and issue bonds of said county for an amount not exceeding twenty thousand ($20,000) dollars, exclusive of interest, for the purpose of providing funds for the improvement and the enlargement of the County Court House now situated at Tonopah, Nye County, State of Nevada, and for such other county improvements as in the best judgment of the Board of County Commissioners may be deemed necessary or expedient. Sec. 2. All bonds issued by authority of this Act shall be signed by the Chairman of the Board, countersigned by the County Treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bonds, and each of such coupons shall be consecutively numbered, and signed by the Chairman of said Board and County Treasurer. Sec. 3. The Clerk of the Board of County Commissioners shall keep a record of all proceedings under the provisions of this Act, showing the number and date of each bond and to whom issued. Sec. 4. The Board of County Commissioners of Nye County are hereby authorized and empowered, at any time during the term of two years from and after the approval of this Act, to negotiate the sale of any and all of said bonds by advertising for sealed proposals or by private sales, as they may deem to the best interest of the county; provided, that no bond shall be sold for less than par value; and provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin. Sec. 5. The bonds issued by authority of this Act shall be each in the sum of one thousand ($1,000) dollars. They shall be numbered from one to twenty continuously; and the interest on the same shall not exceed six per cent per annum, payable annually on the first Monday of January in each year at the office of the County Treasurer of Nye County, and in no case shall any of such bonds run for a longer period than ten years. |
κ1907 Statutes of Nevada, Page 111 (CHAPTER 61)κ
Sec. 6. For the purpose of creating a fund for the payment of the bonds authorized by this Act and the interest thereon, the Board of County Commissioners of Nye County are hereby authorized and empowered to levy and collect annually a special tax of the assessed value of all property, both real and personal, including proceeds of mines within the boundaries of said Nye County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire five of said bonds annually. The first five of said bonds shall be retired on the first Monday of the January next preceding the date of their issuance. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected and the proceeds thereon shall be kept by the County Treasurer in a special fund to be known as the Nye County Improvement Fund. Sec. 7. It shall be obligatory on said county, and its proper officers, to fully pay the interest on said bonds annually, and to fully pay and retire five of said bonds on the first Monday of the January next preceding the date of their issuance, and on the first Monday of each year thereafter, beginning with the first number thereof, and so on consecutively. Not less than five of said bonds shall be retired on the first Monday of January in each year after the issuance of said bonds in accordance with the provisions of this Act. Sec. 8. Whenever the bonds, and the interest provided for in this Act shall have been fully paid, the tax authorized by this Act shall cease, and all moneys remaining in said bond fund, as provided for in Section 6 of this Act and to be known as the Nye County Improvement Fund, shall, by order of the Board of County Commissioners, be transferred to the General Fund of said county. Sec. 9. Whenever the County Treasurer shall pay any of the bonds issued under the provisions of this Act, he shall cancel the same by writing across the face thereof Paid, together with the date of such payment, sign his name thereto, and turn the same over to the County Auditor, taking his receipt therefor, which receipt shall be filed with the Clerk of the Board of County Commissioners, and the Auditor shall credit the Treasurer on his books with the amount so paid. Sec. 10. The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor taxation thereby imposed omitted, until all the bonds and coupons that may be issued under and by virtue of this Act shall have been fully paid as in this Act specified. |
Special tax for interest and redemption.
Interest paid and bonds redeemed, when.
Tax to cease; residue to revert.
Cancelation.
Faith of State pledged. |
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κ1907 Statutes of Nevada, Page 112κ
What constitutes a negotiable instrument.
The sum payable.
Unconditional order or promise to pay.
Exception.
Payable at certain future time. |
Chap. LXII.An Act providing a general law on the subject of negotiable instruments, to be known as The Negotiable Instruments Law.
[Approved March 14, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
TITLE I.
NEGOTIABLE INSTRUMENTS IN GENERAL.
Article I.
Form and Interpretation.
Section 1. An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer; 2. Must contain an unconditional promise or order to pay a sum certain in money: 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty. Sec. 2. The sum payable is a sum certain within the meaning of this Act, although it is to be paid, 1. With interest; or 2. By stated instalments; or 3. By stated instalments, with a provision that upon default in payment of any instalment or of interest the whole shall become due; or 4. With exchange, whether at a fixed rate or at the current rate; or 5. With costs of collection or an attorneys fee, in case payment shall not be made at maturity. Sec. 3. An unqualified order or promise to pay is unconditional within the meaning of this Act, though coupled with- 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional. Sec. 4. An instrument is payable at a determinable future time, within the meaning of this Act, which is expressed to be payable- 1. At a fixed period after date or sight; or 2. On or before a fixed or determinable future time specified therein; or |
κ1907 Statutes of Nevada, Page 113 (CHAPTER 62)κ
3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect. Sec. 5. An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which- 1. Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or 2. Authorizes a confession of judgment if the instrument be not paid at maturity; or 3. Waives the benefit of any law intended for the advantage or protection of the obligor; or 4. Gives the holder an election to require something to be done in lieu of payment of money. But nothing in this section shall validate any provision or stipulation otherwise illegal. Sec. 6. The validity and negotiable character of an instrument are not affected by the fact that- 1. It is not dated; or 2. Does not specify the value given, or that any value has been given therefor; or 3. Does not specify the place where it is drawn or the place where it is payable; or 4. Bears a seal; or 5. Designates a particular kind of current money in which payment is to be made. But nothing in this section shall alter or repeal any statute requiring in certain cases the nature of the consideration to be stated in the instrument. Sec. 7. An instrument is payable on demand: 1. Where it is expressed to be payable on demand, or at sight, or on presentation; or 2. In which no time for payment is expressed. Where an instrument is issued, accepted, or indorsed when overdue, it is, as regards the person so issuing, accepting, or indorsing it, payable on demand. Sec. 8. The instrument is payable to order where it is drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of- 1. A payee who is not maker, drawer, or drawee; or 2. The drawer or maker; or 3. The drawee; or 4. Two or more payees jointly; or 5. One or some of several payees; or 6. The holder of an office for the time being. |
Exception.
Not negotiable, when.
When negotiable character not affected.
Validity not affected by certain things.
Payable on demand.
Payable to order. |
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Payable to bearer.
Any clear terms sufficient.
Date.
Not invalid.
Any holder may properly date.
May fill blanks.
Signatures. |
Where the instrument is payable to order the payee must be named or otherwise indicated therein with reasonable certainty. Sec. 9. The instrument is payable to bearer- 1. When it is expressed to be so payable; or 2. When it is payable to a person named therein or bearer; or 3. When it is payable to the order of a fictitious or non-existing person, and such fact was known to the person making it so payable; or 4. When the name of the payee does not purport to be the name of any person; or 5. When the only or last indorsement is an indorsement in blank. Sec. 10. The instrument need not follow the language of this Act, but any terms are sufficient which clearly indicate an intention to conform to the requirements hereof. Sec. 11. Where the instrument or an acceptance of any indorsement thereon is dated, such date is deemed prima facie to be the true date of the making, drawing, acceptance, or indorsement as the case may be. Sec. 12. The instrument is not invalid for the reason only that it is ante-dated or post-dated, provided this is not done for an illegal or fraudulent purpose. The person to whom an instrument so dated is delivered acquires the title thereto as of the date of delivery. Sec. 13. Where an instrument expressed to be payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly. The insertion of a wrong date does not avoid the instrument in the hands of a subsequent holder in due course; but as to him, the date so inserted is to be regarded as the true date. Sec. 14. Where the instrument is wanting in any material particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks therein. And a signature on a blank paper delivered by the person making the signature in order that the paper may be converted into a negotiable instrument operates as a prima facie authority to fill it up as such for any amount. In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time. |
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filled up strictly in accordance with the authority given and within a reasonable time. Sec. 15. Where an incomplete instrument has not been delivered it will not, if completed and negotiated, without authority, be a valid contract in the hands of any holder, as against any person whose signature was placed thereon before delivery. Sec. 16. Every contract on a negotiable instrument is incomplete and revocable until delivery of the instrument for the purpose of giving effect thereto. As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting, or indorsing, as the case may be; and in such case the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed. And where the instrument is no longer in the possession of a party whose signature appears thereon, a valid and intentional delivery by him is presumed until the contrary is proved. Sec. 17. Where the language of the instrument is ambiguous or there are omissions therein, the following rules of construction apply:- 1. Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount; 2. Where the instrument provides for the payment of interest, without specifying the date from which interest is to run, the interest runs from the date of the instrument, and if the instrument is undated, from the issue thereof; 3. Where the instrument is not dated, it will be considered to be dated as of the time it was issued; 4. Where there is a conflict between the written and printed provisions of the instrument, the written provisions prevail; 5. Where the instrument is so ambiguous that there is doubt whether it is a bill or note, the holder may treat it as either at his election; 6. Where a signature is so placed upon the instrument that it is not clear in what capacity the person making the same intended to sign, he is to be deemed an indorser; 7. Where an instrument containing the words I promise to pay, is signed by two or more persons, they are deemed to be jointly and severally liable thereon. Sec. 18. No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided. |
Incomplete instrument, when not valid contract.
Delivery.
Language ambiguous, how construed.
Liability. |
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Signatures by agent.
Same.
Signature by procuration.
Corporation or infant.
Forged signature.
Consideration taken for granted.
Value defined.
Same.
Lien.
Absence of consideration. |
signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name. Sec. 19. The signature of any party may be made by a duly authorized agent. No particular form of appointment is necessary for this purpose; and the authority of the agent may be established as in other cases of agency. Sec. 20. Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability. Sec. 21. A signature by procuration operates as notice that the agent has but a limited authority to sign, and the principal is bound only in case the agent in so signing acted within the actual limits of his authority. Sec. 22. The indorsement or assignment of the instrument by a corporation or by an infant passes the property therein, notwithstanding that from want of capacity the corporation or infant may incur no liability thereon. Sec. 23. When a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party, against whom it is sought to enforce such right, is precluded from setting up the forgery or want of authority.
Article II.
consideration.
Sec. 24. Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration; and every person whose signature appears thereon to have become a party thereto for value. Sec. 25. Value is any consideration sufficient to support a simple contract. An antecedent or preexisting debt constitutes value; and is deemed such whether the instrument is payable on demand or at a future time. Sec. 26. Where value has at any time been given for the instrument, the holder is deemed a holder for value in respect to all parties who became such prior to that time. Sec. 27. Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien. Sec. 28. Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise. |
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whether the failure is an ascertained and liquidated amount or otherwise. Sec. 29. An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only a accommodation party.
Article III.
negotiation.
Sec. 30. An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder completed by delivery. Sec. 31. The indorsement must be written on the instrument itself or upon a paper attached thereto. The signature of the indorser, without additional words, is a sufficient indorsement. Sec. 32. The indorsement must be an indorsement of the entire instrument. An indorsement, which purports to transfer to the indorsee a part only of the amount payable, or which purports to transfer the instrument to two or more indorsees severally, does not operate as a negotiation of the instrument. But where the instrument has been paid in part, it may be indorsed as to the residue. Sec. 33. An indorsement may be either special or in blank; and it may also be either restrictive or qualified, or conditional. Sec. 34. A special indorsement specifies the person to whom, or to whose order, the instrument is to be payable; and the indorsement of such indorsee is necessary to the further negation of the instrument. An indorsement in blank specifies no indorsee, and an instrument so indorsed is payable to bearer, and may be negotiated by delivery. Sec. 35. The holder may convert a blank indorsement into a special indorsement by writing over the signature of the indorser in blank any contract consistent with the character of the indorsement. Sec. 36. An indorsement is restrictive, which either,- 1. Prohibits the further negotiation of the instrument; or 2. Constitutes the indorsee the agent of the indorser; or 3. Vests the title in the indorsee in trust for or to the use of some other person. But the mere absence of words implying power to negotiate does not make an indorsement restrictive. Sec. 37. A restrictive indorsement confers upon the indorsee the right,- |
Accommodation party.
How instrument negotiated.
Indorsement.
Same.
Special or in blank.
Special indorsement.
Indorsement converted.
Restrictive indorsement.
What same confers. |
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Qualified indorsement.
Conditional indorsement.
Special indorsement.
Payable to order of two or more.
Indorsed to bank officer.
Misspelled or wrong name.
In representative capacity.
Negotiation before maturity.
Place of endorsement.
Continues negotiable. |
1. To receive payment of the instrument; 2. To bring any action thereon that the indorser could bring; 3. To transfer his rights as such indorsee, where the form of the indorsement authorizes him to do so. But all subsequent indorsees acquire only the title of the first indorsee under the restrictive indorsement. Sec. 38. A qualified indorsement constitutes the indorser a mere assignor of the title to the instrument. It may be made by adding to the indorsers signature the words without recourse, or any words of similar import. Such an indorsement does not impair the negotiable character of the instrument. Sec. 39. Where an indorsement is conditional, a party required to pay the instrument may disregard the condition, and make payment to the indorsee or his transferee, whether the condition has been fulfilled or not. But any person to whom an instrument so indorsed is negotiated, will hold the same, or the proceeds thereof, subject to the rights of the person indorsing conditionally. Sec. 40. Where an instrument, payable to bearer, is indorsed specially, it may nevertheless be further negotiated by delivery; but the person indorsing specially is liable as indorser to only such holders as make title through his indorsement. Sec. 41. Where an instrument is payable to the order of two or more payees or indorsees who are not partners, all must indorse, unless the one indorsing has authority to indorse for the others. Sec. 42. Where an instrument is drawn or indorsed to a person as Cashier or other fiscal officer of a bank or corporation, it is deemed prima facie to be payable to the bank or corporation of which he is such officer, and may be negotiated by either the indorsement of the bank or corporation, or the indorsement of the officer. Sec. 43. Where the name of a payee or indorsee is wrongly designated or misspelled, he may indorse the instrument as therein described, adding if he think fit, his proper signature. Sec. 44. Where any person is under obligation to indorse in a representative capacity, he may indorse in such terms as to negative personal liability. Sec. 45. Except where an indorsement bears date after the maturity of the instrument, every negotiation is deemed prima facie to have been effected before the instrument was overdue. Sec. 46. Except where the contrary appears, every indorsement is presumed prima facie to have been made at the place where the instrument is dated. Sec. 47. An instrument negotiable in its origin continues to be negotiable until it has been restrictively indorsed or discharged by payment or otherwise. |
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Sec. 48. The holder may at any time strike out any indorsement which is not necessary to his title. The indorser whose indorsement is struck out, and all indorsers subsequent to him, are thereby relieved from liability on the instrument. Sec. 49. Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor. But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made. Sec. 50. Where an instrument is negotiated back to a prior party, such party may, subject to the provisions of this Act, reissue and further negotiate the same. But he is not entitled to enforce payment thereof against any intervening party to whom he was personally liable.
Article IV.
rights of the holder.
Sec. 51. The holder of a negotiable instrument may sue thereon in his own name; and payment to him in due course discharges the instrument. Sec. 52. A holder in due course is a holder who has taken the instrument under the following conditions- 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it. Sec. 53. Where an instrument payable on demand is negotiated an unreasonable length of time after its issue, the holder is not deemed a holder in due course. Sec. 54. Where the transferee receives notice of any infirmity in the instrument or defect in the title of the person negotiating the same before he has paid the full amount agreed to be paid therefor, he will be deemed a holder in due course only to the extent of the amount theretofore paid by him. Sec. 55. The title of a person who negotiates an instrument is defective within the meaning of this Act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud. Sec. 56. To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith. |
Holder may cancel indorsement, when.
Instrument payable to order.
Instrument reissued, when.
Holder may sue.
Holder in due course.
When not holder in due course. Holder in due course, conditional.
Title defective, when.
Infirmity, when. |
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Holder in due course may enforce payment.
Defense in hands of other holder.
Every holder deemed holder in due course.
Exception.
Liability of maker.
Drawer admits existence of payee.
What acceptance admits. |
the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith. Sec. 57. A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon. Sec. 58. In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter. Sec. 59. Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims, acquired the title as holder in due course. But the last-mentioned rule does not apply in favor of a party who became bound on the instrument prior to the acquisition of such defective title.
ARTICLE V.
liabilities of parties.
Sec. 60. The maker of a negotiable instrument by making it engages that he will pay it according to its tenor, and admits the existence of the payee and his then capacity to indorse. Sec. 61. The drawer by drawing this instrument admits the existence of the payee and his then capacity to indorse; and engages that on due presentment the instrument will be accepted or paid, or both, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to the subsequent indorser who may be compelled to pay it. But the drawer may insert in the instrument an express stipulation negativing or limiting his own liability to the holder. Sec. 62. The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance; and admits,- 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse. Sec. 63. A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity. |
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ment otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity. Sec. 64. Where a person, not otherwise a party to an instrument, places thereon his signature in blank before delivery, he is liable as indorser, in accordance with the following rules- 1. If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent partise. 2. If the instrument is payable to the order of the maker or drawer, or is payable to bearer, he is liable to all parties subsequent to the maker or drawer. 3. If he signs for the accommodation of the payee, he is liable to all parties subsequent to the payee. Sec. 65. Every person negotiating an instrument by delivery or by a qualified indorsement, warrants,- 1. That the instrument is genuine and in all respects what it purports to be; 2. That he has a good title to it; 3. That all prior parties had capacity to contract; 4. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless. But when the negotiation is by delivery only, the warranty extends in favor of no holder other than the immediate transferee. The provisions of subdivision three of this section do not apply to persons negotiating public or corporation securities, other than bills and notes. Sec. 66. Every indorser who indorses without qualification, warrants to all subsequent holders in due course: 1. The matters and things mentioned in subdivisions one, two, and three of the next preceding section; and 2. That the instrument is at the time of his indorsement valid and subsisting. And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it. Sec. 67. Where a person places his indorsement on an instrument negotiable by delivery he incurs all the liabilities of an indorser. Sec. 68. As respects one another, indorsers are liable prima facie in the order in which they indorse; but evidence is admissible to show that as between or among themselves they have agreed otherwise. Joint payees or joint indorsees who indorse are deemed to indorse jointly and severally, |
Indorser, what constitutes.
Signature in blank.
What negotiator warrants.
Exception.
Indorsement without qualification.
Indorser, what constitutes. Indorsers liable in sequence. |
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Broker or agent, when liable.
Presentment for payment, when necessary.
When different presentments must be made.
When sufficient.
How properly made.
Instrument exhibited and delivered. During business hours. |
Sec. 69. Where a broker or other agent negotiates an instrument without indorsement, he incurs all the liabilities prescribed by section sixty-five of this Act, unless he discloses the name of his principal, and the fact that he is acting only as agent.
Article VI. presentment for payment.
Sec. 70. Presentment for payment is not necessary in order to charge the person primarily liable on the instrument; but if the instrument is, by its terms, payable at a special place, and he is able and willing to pay it there at maturity, such ability and willingness are equivalent to a tender of payment upon his part. But except as herein otherwise provided, presentment for payment is necessary in order to charge the drawer and indorsers. Sec. 71. Where the instrument is not payable on demand, presentment must be made on the day it falls due. Where it is payable on demand, presentment must be made within a reasonable time after its issue, except that in the case of a bill of exchange, presentment for payment will be sufficient if made within a reasonable time after the last negotiation thereof. Sec. 72. Presentment for payment, to be sufficient, must be made,- 1. By the holder, or by some person authorized to receive payment on his behalf; 2. At a reasonable hour on a business day: 3. At a proper place as herein defined: 4. To the person primarily liable on the instrument, or if he is absent or inaccessible, to any person found at the place where the presentment is made. Sec. 73. Presentment for payment is made at the proper place,- 1. Where a place of payment is specified in the instrument and it is there presented; 2. Where no place of payment is specified, but the address of the person to make payment is given in the instrument and it is there presented; 3. Where no place of payment is specified and no address is given and the instrument is presented at the usual place of business or residence of the person to make payment; 4. In any other case if presented to the person to make payment wherever he can be found, or if presented at his last known place of business or residence. Sec. 74. The instrument must be exhibited to the person from whom payment is demanded, and when it is paid must be delivered up to the party paying it. Sec. 75. Where the instrument is payable at a bank, presentment for payment must be made during banking hours, unless the person to make payment has no funds there to meet it at any time during the day, in which case presentment at any hour before the bank is closed on that day is sufficient. |
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unless the person to make payment has no funds there to meet it at any time during the day, in which case presentment at any hour before the bank is closed on that day is sufficient. Sec. 76. Where the person primarily liable on the instrument is dead, and no place of payment is specified, presentment for payment must be made to his personal representative if such there be, and if, with the exercise of reasonable diligence, he can be found. Sec. 77. Where the persons primarily liable on the instrument are liable as partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm. Sec. 78. Where there are several persons, not partners, primarily liable on the instrument, and no place of payment is specified, presentment must be made to them all. Sec. 79. Presentment for payment is not required in order to charge the drawer where he has no right to expect or require that the drawee or acceptor will pay the instrument. Sec. 80. Presentment for payment is not required in order to charge an indorser where the instrument was made or accepted for his accommodation and he has no reason to expect that the instrument will be paid if presented. Sec. 81. Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence. Sec. 82. Presentment for payment is dispensed with:- 1. Where after the exercise of reasonable diligence presentment as required by this Act cannot be made; 2. Where the drawee is a fictitious person; 3. By waiver of presentment, express or implied. Sec. 83. The instrument is dishonored by non-payment when,- 1. It is duly presented for payment and payment is refused or cannot be obtained; or 2. Presentment is excused and the instrument is overdue and unpaid. Sec. 84. Subject to the provisions of this Act, when the instrument is dishonored by non-payment, an immediate right of recourse to all parties secondarily liable thereon accrues to the holder. Sec. 85. Every negotiable instrument is payable at the time fixed therein without grace. When the day of maturity falls upon Sunday, or a holiday, the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve oclock noon on Saturday when that entire day is not a holiday. |
When person liable is dead.
When partners liable.
When not partners.
Presentment not required, when.
Same.
Presentment made with reasonable diligence.
Presentment dispensed with, when.
When instrument dishonored by nonpayment.
Right of recourse.
Day of maturity construed. |
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Time of payment, how determined.
Equivalent to order to pay.
Payment in due course.
Notice of dishonor must be given to drawer and all indorsers.
Notice, how given.
Same.
Notice enures for benefit of all parties.
Same.
Notice of dishonor.
Written notice need not be signed. |
payment before twelve oclock noon on Saturday when that entire day is not a holiday. Sec. 86. Where the instrument is payable at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run, and by including the date of payment. Sec. 87. Where the instrument is made payable at a bank it is equivalent to an order to the bank to pay the order to pay the same for the account of the principal debtor thereon. Sec. 88. Payment is made in due course when it is made at or after the maturity of the instrument to the holder due thereof in good faith and without notice that his title is defective.
Article VII. notice of dishonor.
Sec. 89. Except as herein otherwise provided when a negotiable instrument has been dishonored by non-acceptance or non-payment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged. Sec. 90. The notice may be given by or on behalf of the holder, or by or on behalf of any party to the instrument who might be compelled to pay it to the holder, and who, upon taking it up, would have a right to reimbursement from the party to whom the notice is given. Sec. 91. Notice of dishonor may be given by an agent either in his own name or in the name of any party entitled to give notice, whether that party be his principal or not. Sec. 92. Where notice is given by or on behalf of the holder, it enures for the benefit of all subsequent holders and all prior parties who have a right of recourse against the party to whom it is given. Sec. 93. Where notice is given by or on behalf of a party entitled to give notice, it enures for the benefit of the holder and all parties subsequent to the party to whom notice is given. Sec. 94. Where the instrument has been dishonored in the hands of an agent, he may either himself give notice to the parties liable thereon, or he may give notice to his principal. If he give notice to his principal, he must do so within the same time as if he were the holder, and the principal upon the receipt of such notice has himself the same time for giving notice as if the agent had been an independent holder. Sec. 95. A written notice need not be signed, and an insufficient written notice may be supplemented and validated by verbal communication. A misdescription of the instrument does not vitiate the notice unless the party to whom the notice is given is in fact misled thereby. |
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Sec. 96. The notice may be in writing or merely oral and may be given in any terms which sufficiently identify the instrument, and indicate that it has been dishonored by non-acceptance or non-payment. It may in all cases be given by delivering it personally or through the mails. Sec. 97. Notice of dishonor may be given either to the party himself or to his agent in that behalf. Sec. 98. When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence he can be found. If there be no personal representative, notice may be sent to the last residence or last place of business of the deceased. Sec. 99. Where the parties to be notified are partners, notice to any one partner is notice to the firm even though there has been a dissolution. Sec. 100. Notice to joint parties who are not partners must be given to each of them, unless one of them has authority to receive such notice for the others. Sec. 101. Where a party has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, notice may be given either to the party himself or to his trustee or assignee. Sec. 102. Notice may be given as soon as the instrument is dishonored; and unless delay is excused as hereinafter provided, must be given within the times fixed by this Act. Sec. 103. Where the person giving and the person to receive notice reside in the same place, notice must be given within the following times:- 1. If given at the place of business of the person to receive notice, it must be given before the close of business hours on the day following. 2. If given at his residence, it must be given before the usual hours of rest on the day following. 3. If sent by mail, it must be deposited in the postoffice in time to reach him in usual course on the day following. Sec. 104. Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times:- 1. If sent by mail, it must be deposited in the postoffice in time to go by mail the day following the day of dishonor, or if there be no mail at a convenient hour on that day, by the next mail thereafter. 2. If given otherwise than through the postoffice, then within the time that notice would have been received in due course of mail, if it had been deposited in the postoffice within the time specified in the last subdivision. Sec. 105. Where notice of dishonor is duly addressed and deposited in the postoffice, the sender is deemed to have given due notice, notwithstanding any miscarriage in the mails. |
Either written or oral.
Notice.
When party is dead.
When partners.
Joint parties not partners. Bankrupts or insolvents.
Notice, when given.
Times specified.
Times specified. |
κ1907 Statutes of Nevada, Page 126 (CHAPTER 62)κ
Mailing deemed notice.
Same.
Notice to antecedent parties.
Notice to address.
Notice may be waived.
When binding; exception.
Waiver of protest.
Notice dispensed with, when. Delay excused, when.
Notice not required, when. |
deposited in the postoffice, the sender is deemed to have given due notice, notwithstanding any miscarriage in the mails. Sec. 106. Notice is deemed to have been deposited in the postoffice when deposited in any branch postoffice or in any letter box under the control of the Postoffice Department. Sec. 107. Where a party receives notice of dishonor, he has, after the receipt of such notice, the same time for giving notice to antecedent parties that the holder has after the dishonor. Sec. 108. Where a party has added an address to his signature, notice of dishonor must be sent to that address; but if he has not given such address, then the notice must be sent as follows:- 1. Either to the postoffice nearest to his place of residence, or to the postoffice where he is accustomed to receive his letters; or 2. If he live in one place, and have his place of business in another, notice may be sent to either place; or 3. If he is sojourning in another place, notice may be sent to the place where he is so sojourning. But where the notice is actually received by the party within the time specified in this Act, it will be sufficient, though not sent in accordance with the requirements of this section. Sec. 109. Notice of dishonor may be waived, either before the time of giving notice has arrived, or after the omission to give due notice, and the waiver may be expressed or implied. Sec. 110. Where the waiver is embodied in the instrument itself, it is binding upon all parties; but where it is written above the signature of an indorser, it binds him only. Sec. 111. A waiver of protest, whether in the case of a foreign bill of exchange or other negotiable instrument, is deemed to be a waiver not only of a formal protest, but also of presentment and notice of dishonor. Sec. 112. Notice of dishonor is dispensed with when, after the exercise of reasonable diligence, it cannot be given to or does not reach the parties sought to be charged. Sec. 113. Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, notice must be given with reasonable diligence. Sec. 114. Notice of dishonor is not required to be given to the drawer in either of the following cases:- 1. Where the drawer and drawee are the same person; 2. When the drawee is a fictitious person or a person not having capacity to contract; 3. When the drawer is the person to whom the instrument is presented for payment; |
κ1907 Statutes of Nevada, Page 127 (CHAPTER 62)κ
4. Where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument; 5. Where the drawer has countermanded payment. Sec. 115. Notice of dishonor is not required to be given to an indorser in either of the following cases:- 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument. 2. Where the indorser is the person to whom the instrument is presented for payment; 3. Where the instrument was made or accepted for his accommodation. Sec. 116. Where due notice of dishonor by non-acceptance has been given notice of a subsequent dishonor by non-payment is not necessary, unless in the mean time the instrument has been accepted. Sec. 117. An omission to give notice of dishonor by non-acceptance does not prejudice the rights of a holder in due course subsequent to the omission. Sec. 118. Where any negotiable instrument has been dishonored it may be protested for non-acceptance or nonpayment, as the case may be; but protest is not required except in the case of foreign bills of exchange.
Article VIII. discharge of negotiable instruments.
Sec. 119. A negotiable instrument is discharged:- 1. By payment in due course by or on behalf of the principal debtor; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 2. By the intentional cancelation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5. When the principal debtor becomes the holder of the instrument at or after maturity in his own right. Sec. 120. A person secondarily liable on the instrument is discharged: 1. By any act which discharges the instrument; 2. By the intentional cancelation of his signature by the holder: 3. By the discharge of a prior party: 4. By a valid tender of payment made by a prior party; 5. By a release of the principal debtor, unless the holders right of recourse against the party secondarily liable is expressly reserved; |
Same.
Notice, when unnecessary.
Omission does not prejudice. Protest, when.
Instrument, how discharged.
Secondary liability discharged, how. |
κ1907 Statutes of Nevada, Page 128 (CHAPTER 62)κ
Rights of person secondarily liable.
Renunciation of rights.
Unintentional cancelation inoperative.
Alteration avoids.
But payment compulsory, when. Material alteration defined. |
6. By any agreement binding upon the holder to extend the time of payment, or to postpone the holders right to enforce the instrument, unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved. Sec. 121. Where the instrument is paid by a party secondarily liable thereon, it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except:- 1. Where it is payable to the order of a third person, and has been paid by the drawer; and 2. Where it was made or accepted for accommodation, and has been paid by the party accommodated. Sec. 122. The holder may expressly renounce his rights against any party to the instrument, before, at or after its maturity. An absolute and unconditional renunciation of his rights against the principal debtor made at or after the maturity of the instrument discharges the instrument. But a renunciation does not affect the rights of a holder in due course without notice. A renunciation must be in writing, unless the instrument is delivered up to the person primarily liable thereon. Sec. 123. A cancelation made unintentionally, or under a mistake or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been canceled the burden of proof lies on the party who alleges that the cancelation was made unintentionally, or under a mistake or without authority. Sec. 124. Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to the original tenor. Sec. 125. Any alteration which changes:- 1. The date; 2. The sum payable, either for principal or interest; 3. The time or place of payment; 4. The number or the relations of the parties; 5. The medium or currency in which payment is to be made; Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration. |
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TITLE II.
BILLS OF EXCHANGE.
Article I.
form and interpretation.
Sec. 126. A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer. Sec. 127. A bill of itself does not operate as an assignment of the funds in the hands of the drawee available for the payment thereof, and the drawee is not liable on the bill unless and until he accepts the same. Sec. 128. A bill may be addressed to two or more drawees jointly, whether they are partners or not; but not to two or more drawees in the alternative or in succession. Sec. 129. An inland bill of exchange is a bill which is, or on its face purports to be, both drawn and payable within this State. Any other bill is a foreign bill. Unless the contrary appears on the face of the bill, the holder may treat it as an inland bill. Sec. 130. Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person, or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or a promissory note. Sec. 131. The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need, that is to say, in case the bill is dishonored by non-acceptance or non-payment. Such person is called the referee in case of need. It is in the option of the holder to resort to the referee in case of need or not as he may see fit.
Article II.
acceptance.
Sec. 132. The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It must not express that the drawee will perform his promise by any other means than the payment of money. Sec. 133. The holder of a bill presenting the same for acceptance may require that the acceptance be written on the bill, and, if such request is refused, may treat the bill as dishonored. Sec. 134. Where an acceptance is written on a paper other than the bill itself, it does not bind the acceptor except in favor of a person to whom it is shown and who, on the faith thereof, receives the bill for value. |
Bill of exchange defined.
Not an assignment.
Two or more drawers.
Inland bill defined.
Either bill of exchange or promissory note.
Referee in case of need.
Acceptance must be in writing.
Holder may require acceptance to be written. Acceptance on separate paper does not bind. |
κ1907 Statutes of Nevada, Page 130 (CHAPTER 62)κ
Actual acceptance defined.
Time allowed drawee.
Certain acts constitute acceptance.
Acceptance as of date of first presentment.
Acceptance, general or qualified.
General acceptance. Qualified acceptance.
Holder may refuse qualified acceptance. |
Sec. 135. An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person who, upon the faith thereof, receives the bill for value. Sec. 136. The drawee is allowed twenty-four hours after presentment, in which to decide whether or not he will accept the bill; but the acceptance, if given, dates as of the day of presentation. Sec. 137. Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or non-accepted to the holder, he will be deemed to have accepted the same. Sec. 138. A bill may be accepted before it has been signed by the drawer, or while otherwise incomplete, or when it is overdue, or after it has been dishonored by a previous refusal to accept, or by non-payment. But when a bill payable after sight is dishonored by non-acceptance and the drawee subsequently accepts it, the holder, in the absence of any different agreement, is entitled to have the bill accepted as of the date of the first presentment. Sec. 139. An acceptance is either general or qualified. A general acceptance assents without qualification to the order of the drawer. A qualified acceptance in express terms varies the effect of the bill as drawn. Sec. 140. An acceptance to pay at a particular place is a general acceptance, unless it expressly states that the bill is to be paid there only and not elsewhere. Sec. 141. An acceptance is qualified, which is:- 1. Conditional, that is to say, which makes payment by the acceptor dependent on the fulfilment of a condition therein stated: 2. Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn. 3. Local, that is to say, an acceptance to pay only at a particular place; 4. Qualified as to time; 5. The acceptance of some one or more of the drawees, but not of all. Sec. 142. The holder may refuse to take a qualified acceptance, and if he does not obtain an unqualified acceptance, he may treat the bill as dishonored by non-acceptance. Where a qualified acceptance is taken, the drawer and indorsers are discharged from liability on the bill, unless they have expressly or impliedly authorized the holder to take a qualified acceptance, or subsequently assent thereto. When the drawer or an indorser receives notice of a qualified acceptance, he must, within a reasonable time, express his dissent to the holder, or he will be deemed to have assented thereto. |
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Article III.
presentment for acceptance.
Sec. 143. Presentment for acceptance must be made:- 1. Where the bill is payable after sight, or in any other case, where presentment for acceptance is necessary in order to fix the maturity of the instrument; or 2. Where the bill expressly stipulates that it shall by presented for acceptance; or 3. Where the bill is drawn payable elsewhere than at the residence or place of business of the drawee. In no other case is presentment for acceptance necessary in order to render any party to the bill liable. Sec. 144. Except as herein otherwise provided, the holder of a bill which is required by the next preceding section to be presented for acceptance must either present it for acceptance or negotiate it within a reasonable time. If he fail to do so, the drawer and all indorsers are discharged. Sec. 145. Presentment for acceptance must be made by or on behalf of the holder at a reasonable hour, on a business day and before the bill is overdue, to the drawee or some person authorized to accept or refuse acceptance on his behalf; and: 1. Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all, unless one has authority to accept or refuse acceptance for all, in which case presentment may be made to him only; 2. Where the drawee is dead, presentment may be made to his personal representative. 3. Where the drawee has been adjudged a bankrupt or an insolvent or has made an assignment for the benefit of creditors, presentment may be made to him or to his trustee or assignee. Sec. 146. A bill may be presented for acceptance on any day on which negotiable instruments may be presented for payment under the provisions of sections seventy-two and eighty-five of this Act. When Saturday is not otherwise a holiday, presentment for acceptance may be made before twelve oclock, noon, on that day. Sec. 147. Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawers and indorsers. Sec. 148. Presentment for acceptance is excused, and a bill may be treated as dishonored by non-acceptance in either of the following cases:- |
Presentment must be made, when.
Presentment or negotiation within reasonable time.
Presentment must be made at reasonable hour.
Bill, when may be presented.
Reasonable delay excused.
When presentment excused and bill treated as dishonored. |
κ1907 Statutes of Nevada, Page 132 (CHAPTER 62)κ
Dishonored by non-acceptance, when.
Right of recourse lost, when.
Immediate right of recourse accrues, when.
Dishonor and protest of foreign bill.
What protest must specify.
Protest, by whom made. |
1. Where the drawee is dead, or has absconded, or is a fictitious person or a person not having capacity to contract by bill. 2. Where, after the exercise of reasonable diligence, presentment cannot be made. 3. Where, although presentment has been irregular, acceptance has been refused on some other ground. Sec. 149. A bill is dishonored by non-acceptance:- 1. When it is duly presented for acceptance, and such an acceptance as is prescribed by this Act is refused or cannot be obtained; or 2. When presentment for acceptance is excused, and the bill is not accepted. Sec. 150. Where a bill is duly presented for acceptance and is not accepted within the prescribed time, the person presenting it must treat the bill as dishonored by non-acceptance or he loses the right of recourse against the drawer and indorsers. Sec. 151. When a bill is dishonored by non-acceptance, an immediate right of recourse against the drawers and indorsers accrues to the holder and no presentment for payment is necessary.
Article IV.
protest.
Sec. 152. Where a foreign bill appearing on its face to be such is dishonored by non-acceptance, it must be duly protested for non-acceptance, and where such a bill which has not previously been dishonored by non-acceptance is dishonored by non-payment, it must be duly protested for non-payment. If it is not so protested, the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary. Sec. 153. The protest must be annexed to the bill, or must contain a copy thereof, and must be under the hand and seal of the Notary making it, and must specify,- 1. The time and place of presentment; 2. The fact that presentment was made and the manner thereof; 3. The cause of reason for protesting the bill; 4. The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found. Sec. 154. Protest may be made by,- 1. A Notary Public; or 2. By any respectable resident of the place where the bill is dishonored, in the presence of two or more credible witnesses. Sec. 155. When a bill is protested, such protest must be made on the day of its dishonor, unless delay is excused as herein provided. |
κ1907 Statutes of Nevada, Page 133 (CHAPTER 62)κ
herein provided. When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting. Sec. 156. A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business, or residence of some person other than the drawee, has been dishonored by non-acceptance, it must be protested for non-payment at the place where it is expressed to be payable, and no further presentment for payment to, or demand on, the drawee is necessary. Sec. 157. A bill which has been protested for non-acceptance may be subsequently protested for non-payment. Sec. 158. Where the acceptor has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, before the bill matures, the holder may cause the bill to be protested for better security against the indorsers. Sec. 159. Protest is dispensed with by any circumstances which would dispense with notice of dishonor. Delay in noting or protesting is excused when delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, the bill must be noted or protested with reasonable diligence. Sec. 160. When a bill is lost or destroyed or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars thereof.
Article V.
acceptance for honor.
Sec. 161. Where a bill of exchange has been protested for dishonor by non-acceptance or protested for better security, and is not overdue, any person not being a party already liable thereon may, with the consent of the holder, intervene and accept the bill supra protest for the honor of any party liable thereon, or for the honor of the person for whose account the bill is drawn. The acceptance for honor may be for part only of the sum for which the bill is drawn; and where there has been an acceptance for honor for one party, there may be a further acceptance by a different person for the honor of another party. Sec. 162. An acceptance for honor supra protest must be in writing, and indicate that it is an acceptance for honor, and must be signed by the acceptor for honor. Sec. 163. Where an acceptance for honor does not expressly state for whose honor it is made, it is deemed to be an acceptance for the honor of the drawer. Sec. 164. The acceptor for honor is liable to the holder and to all parties to the bill subsequent to the party for whose honor he has accepted. |
Protest must be made on day of dishonor. Where protested.
Subsequent protest.
Bankrupt or insolvent.
Protest dispensed with, when.
Protest on copy.
Bill accepted supra protest by any person not a party.
Acceptance for honor, in writing. Honor of drawer.
Acceptor for honor, liable. |
κ1907 Statutes of Nevada, Page 134 (CHAPTER 62)κ
Acceptor engages to pay under certain conditions
Maturity, how calculated.
Reference in case of need.
Presentment for payment, how made
Provisions of Sec. 81 apply.
Dishonor by acceptor.
Any person may pay for honor.
Must be attested.
Notarial act, on declaration of payee.
Preference to payers.
Subrogation of payer. |
Sec. 165. The acceptor for honor, by such acceptance engages that he will on due presentment pay the bill according to the terms of his acceptance, provided it shall not have been paid by the drawee, and provided also, that it shall have been duly presented for payment and protested for non-payment and notice of dishonor given to him. Sec. 166. Where a bill payable after sight is accepted for honor, its maturity is calculated from the date of the noting for non-acceptance and not from the date of the acceptance for honor. Sec. 167. Where a dishonored bill has been accepted for honor supra protest or contains a reference in case of need, it must be protested for non-payment before it is presented for payment to the acceptor for honor or referee in case of need. Sec. 168. Presentment for payment to the acceptor for honor must be made as follows: 1. If it is to be presented in the place where the protest for non-payment was made, it must be presented not later than the day following its maturity. 2. If it is to be presented in some other place than the place where it was protested, then it must be forwarded within the time specified in section one hundred and four. Sec. 169. The provisions of section eighty-one apply where there is delay in making presentment to the acceptor for honor or referee in case of need. Sec. 170. When the bill is dishonored by the acceptor for honor it must be protested for non-payment by him.
Article VI.
payment for honor.
Sec. 171. Where a bill has been protested for non-payment, any person may intervene and pay it supra protest for the honor of any person liable thereon or for the honor of the person for whose account it was drawn. Sec. 172. The payment for honor supra protest in order to operate as such and not as a mere voluntary payment must be attested by a notarial act of honor which may be appended to the protest or form an extension to it. Sec. 173. The notarial act of honor must be founded on a declaration made by the payer for honor or by his agent in that behalf declaring his intention to pay the bill for honor and for whose honor he pays. Sec. 174. Where two or more persons offer to pay a bill for the honor of different parties, the person whose payment will discharge most parties to the bill is to be given the preference. Sec. 175. Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid and discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter. |
κ1907 Statutes of Nevada, Page 135 (CHAPTER 62)κ
discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter. Sec. 176. Where the holder of a bill refuses to receive payment supra protest, he loses his right of recourse against any party who would have been discharged by such payment. Sec. 177. The payer for honor, on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonor, is entitled to receive both the bill itself and the protest.
Article VII.
bills in a set.
Sec. 178. Where a bill is drawn in a set, each part of the set being numbered and containing a reference to the other parts, the whole of the parts constitutes one bill. Sec. 179. Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders the true owner of the bill. But nothing in this section affects the rights of a person who in due course accepts or pays the part first presented to him. Sec. 180. Where the holder of a set indorses two or more parts to different persons he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills. Sec. 181. The acceptance may be written on any part and it must be written on one part only. If the drawee accepts more than one part, and such accepted parts are negotiated to different holders in due course, he is liable on every such part as if it were a separate bill. Sec. 182. When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon. Sec. 183. Except as herein otherwise provided where any one part of a bill drawn in a set is discharged by payment or otherwise the whole bill is discharged.
TITLE III.
PROMISSORY NOTES AND CHECKS.
Article I.
Sec. 184. A negotiable promissory note within the meaning of this Act is an unconditional promise in writing made by one person to another signed by the maker engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the makers own order, it is not complete until indorsed by him. |
Right of recourse lost.
Payer entitled to receive documents.
Whole set constitutes one bill. True owner of bill.
Holder liable on all parts of sets of bills.
Acceptance written on one part only.
Acceptor liable, when.
Whole bill, when discharged.
Negotiable promissory note defined. |
κ1907 Statutes of Nevada, Page 136 (CHAPTER 62)κ
Check, when bill of exchange.
Unreasonable delay releases drawers. Certification constitutes acceptance. Drawer discharged, when. Check not assignment.
Negotiable Instruments Law. Terms defined.
Primarily and secondarily liable. |
Sec. 185. A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this Act applicable to a bill of exchange payable on demand apply to a check. Sec. 186. A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay. Sec. 187. Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance. Sec. 188. Where the holder of a check procures it to be accepted or certified the drawer and all indorsers are discharged from liability thereon. Sec. 189. A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
TITLE IV.
GENERAL PROVISIONS
Article I.
Sec. 190. This Act shall be known as The Negotiable Instruments Law. Sec. 191. In this Act, unless the context otherwise requires,- Acceptance means an acceptance completed by delivery or notification. Action includes counter-claim and set-off. Bank includes any person or association of persons carrying on the business of banking, whether incorporated or not. Bearer means the person in possession of a bill or note which is payable to bearer. Bill means bill of exchange, and note means negotiable promissory note. Delivery means transfer of possession, actual or constructive, from one person to another. Holder means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. Indorsement means an indorsement completed by delivery. Instrument means negotiable instrument. Issue means the first delivery of the instrument, complete in form, to a person who takes it as a holder. Person includes a body of persons, whether incorporated or not. Value means valuable consideration. Written includes printed, and writing includes print. Sec. 192. The person primarily liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. |
κ1907 Statutes of Nevada, Page 137 (CHAPTER 62)κ
required to pay the same. All other parties are secondarily liable. Sec. 193. In determining what is a reasonable time or an unreasonable time, regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments and the facts of the particular case. Sec. 194. Where the day, or the last day, for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day. Sec. 195. The provisions of this Act do not apply to negotiable instruments made and delivered prior to the passage hereof. Sec. 196. In any case not provided for in this Act the rules of the law merchant shall govern. Sec. 197. All Acts or parts of Acts inconsistent with or repugnant to the provisions of this act are hereby repealed. Sec. 198. This Act shall take effect on the first day of in May, A. D. 1907. |
Reasonable and unreasonable time, how determined. Performance following holiday.
Not retroactive.
Other cases provided for. Repeal.
In effect. |
________
Chap. LXIII.An Act to amend an Act entitled An Act fixing the salaries and compensations of the officers of Elko County and consolidating certain offices in said county, and to repeal all Acts in relation thereto, approved February 27, 1893.
[Approved March 14, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sheriff of said county shall receive the sum of two thousand four hundred dollars per annum, which shall be compensation in full for all services rendered, and he shall pay into the county treasury each month all moneys collected by him for fees; provided, twenty percent of all moneys collected by said Sheriff for sheep licenses may be retained by him as commission for collecting the same. The Sheriff may appoint one office deputy, who shall receive a salary of twelve hundred dollars per annum, and one deputy who shall act as jailer, who shall receive a salary of nine hundred dollars per annum; provided, that, in their discretion, the County Commissioners may (whenever they deem the public needs and interests of the county require) authorize the appointment of one or more, but not to exceed four, extra Deputy Sheriffs for Elko County, whose compensation shall be fixed by the Board of County Commissioners, but shall not be in excess of the sum of one hundred dollars per month for each extra deputy so appointed. Said deputies to be paid monthly and in the same manner as other officers of the county are now paid. Sec. 2. The County Recorder and as ex officio Auditor shall receive the sum of two thousand dollars per annum, which shall be compensation in full for all services rendered, and he shall pay into the county treasury each month all moneys collected by him as fees; provided, that, in their discretion, the County Commissioners may allow for a deputy a sum not to exceed one hundred dollars per month. |
Salaries of officers of Elko County.
Sheriff.
Recorder. |
κ1907 Statutes of Nevada, Page 138 (CHAPTER 63)κ
Clerk.
Assessor.
District Attorney.
Commissioners.
Paid monthly In effect. |
shall receive the sum of two thousand dollars per annum, which shall be compensation in full for all services rendered, and he shall pay into the county treasury each month all moneys collected by him as fees; provided, that, in their discretion, the County Commissioners may allow for a deputy a sum not to exceed one hundred dollars per month. Sec. 3. The County Clerk and Treasurer and as ex officio Clerk of the District Court and ex officio Clerk of the Board of County Commissioners shall receive the sum of two thousand dollars per annum, which shall be compensation in full for all services rendered, and he shall pay into the county treasury each month all moneys collected by him as fees; provided, 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. The County Clerk may appoint one deputy, who shall receive a salary of twelve hundred dollars per annum; provided, that in their discretion, the County Commissioners, when they deem it necessary during the collection of taxes each year and during the months of September, October, and November of election years, may authorize the employment of extra help in said office, the compensation of said extra help not to exceed four dollars per day for each days services actually performed. Sec. 4. The County Assessor shall receive the sum of two thousand two hundred dollars per annum, which shall be compensation in full for all services performed by him; provided, said Assessor shall be allowed an office deputy from April 1st to October 1st during each year at a salary of one hundred dollars per month for said six months, and two field deputies for not to exceed two months each at any time between March 1st and August 1st during each year at a salary of not to exceed one hundred dollars each per month for said two months. Sec. 5. The District Attorney and as County Superintendent of Schools shall receive the sum of two thousand dollars per annum, which shall be compensation in full for all services rendered; provided, he shall be allowed his actual expenses while attending to official business connected with his office outside of the county seat. Sec. 6. The County Commissioners shall receive each the sum of six hundred dollars per annum as salary, and such mileage and other compensation as is now allowed by law. Sec. 7. All salaries mentioned in this Act shall be paid in monthly installments. Sec. 8. This Act shall take effect from and after its passage. |
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κ1907 Statutes of Nevada, Page 139κ
Chap. LXIV.An Act to create the office of Road Supervisor in Humboldt County, to fill the same by appointment, to prescribe the duties and compensation of said office, and other matters in relation thereto.
[Approved March 14, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Humboldt County are hereby authorized, empowered, and it is made their duty at their first regular meeting after the approval of this Act, to appoint a Road Supervisor for each and every one of the respective road districts within said Humboldt County. Sec. 2. No person shall be eligible for Road Supervisor who is not a bona fide resident of the district for which he is appointed. Sec. 3. The Board of County Commissioners of Humboldt County shall fix the salary of said Road Supervisor, said salary, however, not to exceed three dollars for each and every days work actually performed upon the public roads, and all work so performed shall be done under and by authority of the Board of County Commissioners. Sec. 4. In addition to his other duties, the Road Supervisor thus appointed shall attest to the propriety of all bills for work done under his supervision, and he shall direct the expenditure of all sums set apart for his district by the Board of County Commissioners. Sec. 5. Any person so appointed as Road Supervisor under and by provision of this Act shall serve until the next general election, at which time his successor shall be elected and at each succeeding general election thereafter, in the same manner in which other officers of the county are elected; provided, however, that should any appointee of the Board of County Commissioners, made after the approval of this Act and before the next general election, fail to perform his duty in accordance with the provisions of this Act, his office may be declared vacant by a majority vote of the Board of County Commissioners, and another suitable person, qualified in accordance with the provisions of this Act, may be appointed to fill the vacancy. Sec. 6. The compensation for a road laborer while actually employed upon the public roads of Humboldt County shall not exceed three dollars per day, and the sum of five dollars per day may be allowed by the Board of County Commissioners as salary for one man and span of draft animals, and two dollars additional for each additional span. The person so compensated shall without additional charge furnish such tools, implements and vehicles as may be necessary in his work. Sec. 7. Eight hours shall constitute a days work upon all public roads; provided, however, that the time in going to the place of labor and coming from such place shall not be computed a part of the eight hours. |
Road Supervisor in Humboldt County.
Eligibility.
Salary.
Attest all road bills.
Term of service.
Compensation for labor on roads.
Legal days work. |
κ1907 Statutes of Nevada, Page 140 (CHAPTER 64)κ
Repeal. |
the place of labor and coming from such place shall not be computed a part of the eight hours. Sec. 8. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Prospector may enter on private land.
May locate mineral deposit, how.
Method of proceeding prescribed. |
Chap. LXV.An Act supplementary to an Act entitled An Act to encourage the mining, milling, smelting or other reduction of ores in the State of Nevada, approved March 1, 1875.
[Approved March 14, 1907.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person, citizen of the United States, may enter upon any unfenced and unimproved land in the State of Nevada held in private ownership, excepting mining claims and mining property already located or occupied for mining purposes, and may prospect thereon for gold, silver or other valuable minerals or metals, being responsible to the owner of the land for all damage done thereon. Sec. 2. Any person, a citizen of the United States, discovering a ledge or deposit containing gold, silver or other valuable mineral or metals in or upon any unfenced and unimproved land in this State held in private ownership, excepting mining claims or mining property already located or occupied for mining purposes, may locate such ledge or deposit, in accordance with the laws of the United States and of this state in respect to the location of mining claims, the same as though such ledge or deposit was found upon the public domain, and may acquire title to such land so located by means of the special proceedings prescribed in this Act. The said special proceedings shall be substantially as follows: There shall be filed in the Clerks office of the District Court in the county where the real estate is situated a petition verified according to law, stating therein the names of the person or persons presenting the petition; that he or they have discovered a ledge or deposit containing gold, silver, or some other valuable mineral or metal; the description by metes and bounds, or by some other accurate designation of the tract or tracts of land, located in the manner of mining claims a herein provided and desired to be appropriated for mining purposes; that said land is more valuable for mining purposes than the purpose for which the same is being held; the names of those in possession of said land, and those claiming any right, title or interest therein, so far as the same can be obtained by reasonable diligence. Sec. 3. That the proceedings following the filing of such petition shall be as prescribed in that certain Act of the Legislature of this State entitled An Act to encourage the mining, milling, smelting or other reduction of ores in the State of Nevada, approved |