[Rev. 12/19/2019 5:08:49 PM]
κ1913 Statutes of Nevada, Page 201 (CHAPTER 140)κ
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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 the state engineer, 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. The state engineer shall have the power of a notary public in such hearings. Said witnesses shall receive fees as in civil cases, the costs to be taxed in the same manner as in civil actions in this state. The evidence in such proceedings shall be confined to the subjects enumerated in the notice of contest and answer and reply, when the same are permitted to be filed. All testimony taken at such hearings shall be reported and transcribed in its entirety. Sec. 31. The state engineer shall have power to make rules, not in conflict herewith, governing the practice and procedure in all contests before his office, to insure the proper and orderly exercise of the powers herein granted, and the speedy accomplishment of the purposes of this act. Such rules of practice and procedure shall be furnished to any person upon application therefor. Sec. 32. The state engineer shall require a deposit of five dollars ($5) from each party for each day he shall be so engaged in taking evidence of such contests. Upon the final determination of the matters in the contest the money so deposited shall be refunded to the person in whose favor such contest shall be determined, and all moneys deposited by other parties therein shall be turned into the general fund of the state treasury upon the next monthly transmission of fees to said state treasurer. Sec. 33. As soon as practicable after the hearing of contests, it shall be the duty of the state engineer to make, and cause to be entered of record in his office an order determining and establishing the several rights to the waters of said stream; provided, however, that within sixty days after the entry of an order establishing water rights, the state engineer may, for good cause shown, reopen the proceedings and grant a rehearing. Such order and determination shall be prepared, and after certification by the state engineer, printed in the state printing office. A copy of said order and determination shall be sent by registered mail, or delivered in person to each person who has filed proof of claim, and to each person who has become interested through intervention or by having entered a contest through having received a permit from the office of the state engineer, as herein provided. The determination of the state engineer shall be in full force and effect from and after the date of its entry in the records of the state engineer, unless and until its operation shall be stayed by a stay bond as provided for by this act. |
State engineer to make rules governing contests
Contestants to pay expenses of contests
State engineer to make order determining rights of claimants
Order in full force and effect |
κ1913 Statutes of Nevada, Page 202 (CHAPTER 140)κ
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Any party aggrieved may appeal to district court
Appeal, how prosecuted
Undertaking for costs on appeal
Court clerk to notify state engineer of appeal
Appellants to file transcript of records |
Sec. 34. Any party, or any number of parties acting jointly, who may feel themselves aggrieved by the determination of the state engineer may have an appeal from the order of the state engineer to any district court of the State of Nevada in which any part of such stream system involved in such determination may be situated. All persons joining in the appeal shall be joined as appellants and all persons having interests adverse to the parties appealing or either of them shall be joined as appellees; provided, however, that such appeal must be taken within six (6) months of the date on which said party or parties appealing have received a copy of the order of the state engineer determining said rights. Sec. 35. The party or parties appealing shall, within six (6) months after the receipt of a copy of the order of the state engineer determining the rights to the use of water, file in the district court to which appeal is taken, a notice in writing stating that such party or parties appeal to such district court from the determination and order of the state engineer; and upon the filing of such notice, the appeal shall be deemed to have been taken; provided, however, that the party or parties appealing shall, within the six (6) months mentioned, enter into an undertaking, to be approved by the district court or judge thereof, and to be given to all the parties in the said suit or proceeding, other than the parties appealing, and to be in such an amount as the court or judge thereof shall fix, conditioned that the parties giving their said undertaking shall prosecute their appeal to effect and without unnecessary delay and will pay all costs and damages which the party to whom the undertaking is given, or either, or any of them, may sustain in consequence of such appeal. Sec. 36. The clerk of the district court shall immediately upon the filing of said notice of appeal and the approval of the bond mentioned in the preceding section, transmit to the state engineer a notice over the seal of the court to the effect that said appeal has been perfected, which notice shall be entered in the records of the state engineer, and the appellant or appellants shall cause a copy thereof to be served on each of the appellees, serving the same in the manner provided for the serving of a summons in the district court. Sec. 37. The appellant or appellants shall within sixty days after the appeal, as provided for, is perfected, file in the office of the clerk of the district court a certified transcript of the order of determination made by the state engineer, and which is appealed from, a certified copy of all records of the state engineer relating to such determination, and a certified copy of all evidence offered before the state engineer, including such measurements, maps and determinations as herein provided to be made of record by the state engineer, together with the petition setting out the cause of the complaint of the party or parties appealing, to which petition all parties joined as appellees shall be served with notice by the issuance of a summons out of the office of the clerk of the district court, within the time and in the manner provided by law for the issuance and service of summons in actions of law. |
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joined as appellees shall be served with notice by the issuance of a summons out of the office of the clerk of the district court, within the time and in the manner provided by law for the issuance and service of summons in actions of law. Sec. 38. All proceedings of appeal shall be conducted according to the provisions of the civil code of procedure, and the practice of appeals from the district courts of the state to the supreme court; provided, that the practice on appeal in the district court, as to pleadings necessary to be filed and the admission of evidence upon the trial, shall be the same as is now or may hereafter be provided for by law regulating appeals from the justice court. Sec. 39. It shall be the duty of the clerk of the district court immediately upon the entry of any judgment, order or decree by the district court, or by the judge thereof, in an appeal from the decision of the state engineer, to transmit a certified copy of said judgment, order or decree to the state engineer, who shall immediately enter the same upon the records of his office and forthwith issue to the water commissioners in such district instructions in compliance with the said judgment, order or decree, and in execution thereof. Sec. 40. All costs made and accruing by reason of such appeal shall be adjudged to be paid by the party or parties against whom such appeal shall be finally determined. Sec. 41. At any time after the appeal has been perfected the appellant may stay the operation of said order or decree appealed from by filing in the district court wherein such appeal is pending an undertaking with good and sufficient sureties, to be approved by the district judge in such amount as the district judge may designate, conditioned that appellant will pay all damages that may accrue to the appellee or appellees by reason of such order or decree not being enforced, should the proceedings and appeal be decided against the appellant. And immediately upon the filing and approving of such bond to stay the operations of the order or decree, the clerk of the district court shall transmit to the state engineer a notice over the seal of the court to the effect that such bond has been filed and that the operations of such order or decree are stayed during the pendency of such appeal proceedings. This notice shall be recorded in the records of the state engineer who shall immediately give proper notice to the water commissioners in such district. Sec. 42. Upon an appeal being taken as is by this act provided, from the state engineer to the district court of the state it shall be the duty of said court to advance said appeal to the head of its civil trial docket, and to give such appeal precedence over all civil causes in hearing and determination thereof, and if an appeal be taken from the judgment or decree of the district court of the state it shall in like manner be the duty of the supreme court to advance such appeal to the head of its docket for the hearing of civil causes and give it like precedence as to trial. |
All proceedings according to civil code Proviso
Copy of judgment sent to state engineer
Costs paid by losing party
Operation of decree stayed by sufficient undertaking
These appeals to have precedence over all civil causes |
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Civil practice act to govern in appeals
Proviso
Final orders of state engineer conclusive, subject to appeal
Joint defendants, who are
Court suits may be transferred to state engineer for determination
Appropriation of $5,000 for hydrographic fund |
the head of its docket for the hearing of civil causes and give it like precedence as to trial. Sec. 43. The civil practice act of the State of Nevada shall govern in appeals from the decrees of the district court and for rehearings in the supreme court; provided, however, in an appeal from the district court the clerk of said district court, or upon the filing of a petition for a rehearing in the supreme court the clerk of the supreme court shall, at the expense of the petitioner, forthwith mail written notices of said application for appeal or petition for rehearing to the state engineer and every party interested, which notice shall state the time and place when such application for an appeal or petition for rehearing will be heard. Sec. 44. The final orders or decrees of the state engineer, in the proceedings provided by law for the adjudication and determination of rights to the use of the waters in this state, shall be conclusive as to all prior appropriations, and the rights of all existing claimants upon the stream or other body of water lawfully embraced in the adjudication, subject, however, to the provisions of law for appeals, rehearings and for the reopening of the orders or decrees therein. Sec. 45. In any suit which may be brought in any district court in the state for the determination of a right or rights to the use of water of any stream, all persons who claim the right to use the waters of such stream and the stream system of which it is a part shall be made parties. When any such suit has been filed, the court shall by its order duly entered, direct the state engineer to furnish a complete hydrographic survey of such stream system, which survey shall be made as provided in section 20 of this act, in order to obtain all physical data necessary to the determination of the rights involved. The cost of such suit, including the costs on behalf of the state and of such surveys, shall be charged against each of the private parties thereto in proportion to the amount of water right allotted. In the case of any such suit now pending or hereafter commenced the same may at any time after its inception, in the discretion of the court, be transferred to the state engineer for determination as in this act provided. Sec. 46. For the purpose of advancing the money required for any surveys so ordered by the court, there is hereby appropriated and set apart from any moneys in the state treasury not otherwise appropriated, the sum of five thousand dollars ($5,000) to be known as the hydrographic fund, which shall be a continuous fund. Such fund shall be used only for the payment of claims for services rendered, expenses incurred, or materials and supplies furnished under the direction of the state engineer in the prosecution of said work, which claims shall be paid by the state treasurer on warrants drawn by the state controller upon certificates of the state engineer. The amounts paid by the parties to said suit, on account of said surveys, shall be paid into said hydrographic fund. |
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suit, on account of said surveys, shall be paid into said hydrographic fund. Sec. 47. The words stream system, as used in this act, shall be interpreted as including any stream together with its tributaries and all streams or bodies of water to which the same may be tributary. Sec. 48. The word person, where used in this act, includes a corporation, an association, the United States, the state, as well as a natural person. Sec. 49. Whenever the words state engineer are used in this act it shall be deemed to mean the state engineer or any duly authorized assistant. Sec. 50. The state engineer shall have power to make and enforce such reasonable rules and regulations for the furnishing of claimants of blue-prints of particular parcels of land shown on the map prepared by the state engineer, and for such supplementary surveys and examinations or such inspection by the state engineer, as may be required, to the end that observations and surveys of the state engineer may be made, in so far as practicable, available to the claimants for attachment to the proofs to be filed by them. Sec. 51. Upon the final determination of the relative rights in and to the waters of any stream system, it shall be the duty of the state engineer to issue to each person represented in such determination a certificate to be signed by such state engineer, and bearing the seal of his office, setting forth the name and postoffice address of the owner of the right, the date of priority, extent and purpose of such right; and if such water be for irrigation purposes, a description of the land, by legal subdivisions when possible, to which said water is appurtenant. Such certificate shall be transmitted by the state engineer in person or by registered mail to the county recorder of the county in which said right is located, and it shall be the duty of the county recorder upon the receipt of a recording fee of one dollar, collected as hereinbefore provided, to record the same in a book especially prepared and kept for that purpose, and thereupon immediately transmit the certificate to the respective owners. Sec. 52. There shall be appointed by the state board of irrigation one or more water commissioners for each water district, who shall receive a salary, including all expenses, of not more than five dollars ($5) per day for each day actually employed on the duties herein mentioned. Such water commissioner shall execute the laws prescribed in sections 53 to 58, inclusive, of this act, under the general direction of the state engineer. The salary of the water commissioner or water commissioners shall be paid by the water users in the district in which such water commissioner or water commissioners shall serve. The charge against each water user shall be based upon the proportion which his acreage, as finally determined by the findings of the state engineer or the court, bears to the total number of acres in such district as finally determined by the findings of the state engineer or the court. |
Stream system defined
Person defined
State engineer defined
Claimants must furnish blue-prints
State engineer to issue certificates after final determination
Water commissioners, how appointed
Salary
Duties
Users to pay salary of water commissioner |
κ1913 Statutes of Nevada, Page 206 (CHAPTER 140)κ
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County commissioners to draw warrant for payment of water commissioner
State divided into districts by state engineer, when
State engineer to insure proper distribution of water, mode of procedure |
bears to the total number of acres in such district as finally determined by the findings of the state engineer or the court. The state engineer shall, and he is hereby directed to prepare a certified list of the land to be served by such water commissioner or water commissioners, together with the names and addresses, taken from the tax roll of said county, and to transmit the same to the board of county commissioners of the county in which such water commissioner or water commissioners of the county in which such water commissioner or water commissioners shall serve, and upon receipt thereof by such board of county commissioners, the said board of county commissioners shall transmit to each and every property holder a statement showing the amount due from such property owner, as his proportionate charge, for the services so rendered, and should such property owner fail, after thirty days from mailing such statement of account, to make payment thereof to the county treasurer of the county wherein such land is situated, then the amount so charged against such property holder shall be and constitute a lien upon the property so served by such water commissioner or water commissioners, and collectable in the same manner as taxes levied against said property. Upon receipt of a certified statement from the state engineer, showing the land served by such water commissioner or water commissioners and the number of days such commissioner or commissioners was actually employed, as hereinbefore provided, the board of county commissioners shall draw a warrant against the general fund of such county for the payment of such claim for the services of such water commissioner or water commissioners, and the same shall be paid as other claims against the said county, and upon payment by said owner or owners of land served by such water commissioner or water commissioners to the county treasurer, said amount shall be placed to the credit of the general fund of said county. Sec. 53. The state engineer shall divide the state into water districts to be so constituted as to insure the best protection for the water user, and the most economical supervision on the part of the state. Said water districts shall not be created until a necessity therefor shall arise and shall be created from time to time as the priorities and claims to the streams of the state shall be determined. Sec. 54. It shall be the duty of the state engineer to divide or cause to be divided the waters of the natural streams or other sources of supply in the state, among the several ditches and reservoirs taking water therefrom, according to the rights of each respectively, in whole or in part, and to shut or fasten, or cause to be shut or fastened, the head-gates or ditches, and to regulate or cause to be regulated, the controlling works of reservoirs, as may be necessary to insure a proper distribution of the waters thereof. Such state engineer shall have authority to regulate the distribution of water among the various users under any partnership ditch or reservoir where rights have been adjudicated in accordance with existing decrees. |
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tion of water among the various users under any partnership ditch or reservoir where rights have been adjudicated in accordance with existing decrees. Whenever, in pursuance of his duties the water commissioner regulates a head-gate to a ditch or the controlling works of reservoirs, it shall be his duty to attach to such head-gate or controlling works a written notice properly dated and signed, setting forth the fact that such head-gate or controlling works has been properly regulated and is wholly under his control and such notice shall be a legal notice to all parties interested in the diversion and distribution of the water of such ditch or reservoir. It shall be the duty of the district attorney to appear for or in behalf of the state engineer or his duly authorized assistants in any case which may arise in the pursuance of the official duties of any such officer within the jurisdiction of said district attorney. Sec. 55. Any person who shall wilfully open, close, change or interfere with any lawfully established head-gate or water-box without authority, or who shall wilfully use water or conduct water into or through his ditch which has been lawfully denied him by the state engineer, his assistants or water commissioners, shall be deemed guilty of a misdemeanor. The possession or use of water when the same shall have been lawfully denied by the state engineer or other competent authority shall be prima facie evidence of the guilt of the person using it. Sec. 56. The owner or owners of any ditch or canal shall maintain to the satisfaction of the state engineer of the division in which the irrigation works are located, a substantial head-gate at or near the point where the water is diverted, which shall be of such construction that it can be locked and kept closed by the water commissioner; and such owners shall construct and maintain, when required by the state engineer, suitable measuring devices at such points along such ditch as may be necessary for the purpose of assisting the water commissioner in determining the amount of water that is to be diverted into said ditch from the stream, or taken from it by the various users. Any and every owner or manager of a reservoir located across or upon the bed of a natural stream or of a reservoir which requires the use of a natural stream channel, shall be required to construct and maintain, when required by the state engineer, a measuring device of a plan to be approved by the state engineer, below such reservoir, and a measuring device above such reservoir, on each or every stream or source of supply discharging into such reservoir, for the purpose of assisting the state engineer or water commissioners in determining the amount of water to which appropriators are entitled and thereafter diverting it for such appropriators use. When it may be necessary for the protection of other water users, the state engineer may require flumes to be installed along the line of any ditch. |
Misdemeanor to interfere with water officers
Prima facie evidence
Head-gates to be maintained by owners
Measuring device must be maintained |
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State engineer or assistants may arrest violators of water law
Penalties for violation
Method of appropriation of water
For one purpose only-exception |
require flumes to be installed along the line of any ditch. If any such owner or owners of irrigation works shall refuse or neglect to construct and put in such head-gates, flumes, or measuring devices after ten (10) days notice, the state engineer may close such ditch, and the same shall not be opened or any water diverted from the source of supply, under the penalties prescribed by law for the opening of head-gates lawfully closed until the requirements of the state engineer as to such head-gate, flume, or measuring device have been complied with, and if any owner or manager of a reservoir located across the bed of a natural stream, or of a reservoir which requires the use of a natural stream channel, shall neglect or refuse to put in such measuring device after ten (10) days notice by the state engineer, such state engineer may open the sluice-gate or outlet of such reservoir and the same shall not be closed under the penalties of the law for changing or interfering with head-gates, until the requirements of the state engineer as to such measuring devices are complied with. Sec. 57. The state engineer or his assistants shall have power to arrest any person violating any of the provisions of this act, and to turn them over to the sheriff, or other competent police officer within the county, and immediately on delivering any such person so arrested into the custody of the sheriff, it shall be the duty of said state engineer, or his assistant making such arrest to immediately, in writing, and upon oath, make complaint before the justice of the peace against the person so arrested. Sec. 58. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars ($25), nor more than two hundred and fifty dollars ($250), together with the costs, or imprisoned in the county jail not exceeding six months, and not less than ten (10) days, or by both such fine and imprisonment.
Appropriation of Water Sec. 59. Any person desiring to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall, before performing any work in connection with such appropriation, change in place of diversion, or change in manner of use or place of use, make an application to the state engineer for a permit to make the same. No application shall be for the water of more than one source to be used for more than one purpose; provided, however, that individual domestic use may be included in any application with the other use named. Each application for a permit to appropriate water shall contain the following information: |
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(a) The name and postoffice address of the applicant, and if the applicant be a corporation, the date and place of incorporation. (b) The name of the source from which the appropriation is to be made. (c) The amount of water which it is desired to appropriate, expressed in terms of cubic feet per second except in application for permit to store water where the amount shall be expressed in acre-feet. (d) The purpose for which the application is to be made. (e) A substantially accurate description of the location of the place at which the water is to be diverted from its source, and if any of such water is to be returned to the source, a description of the location of the place of return. (f) A description of the proposed works. (g) The estimated cost of such works. (h) The estimated time required to construct said works, and the estimated time required to complete the application of the water to beneficial use. (j) The signature of the applicant or his properly authorized agent. In addition to the foregoing, the application shall contain if for irrigation purposes, except in case of application for permit to store water, the number of acres to be irrigated and a description by legal subdivisions, where possible, of the lands to be irrigated; if for power purposes, the vertical head under which the water will be applied, the location of the proposed power-house, and, as near as may be, the use to which the said power is to be applied; if for municipal supply, or for domestic use, the approximate number of persons to be served, and the approximate future requirements; if for mining purposes, the proposed method of applying and utilizing the water; if for stock-watering purposes, the approximate number and character of animals to be watered; if for any purpose contemplating the storage of waters, in addition to the information required in applications naming the said purpose, it shall give the dimensions and location of the proposed dam, the capacity of the proposed reservoir and a description of the land to be submerged by the impounded waters. Every application for permit to change the place of diversion, manner of use or place of use of water already appropriated, shall contain such information as may be necessary to a full understanding of the proposed change, as may be required by the state engineer. All applications for permit shall be accompanied or followed by such maps and drawings and such other data as may hereafter be prescribed by the state engineer, and such accompanying data shall be considered as part of the application. Sec. 60. Upon receipt of an application, which shall be upon a blank form to be prescribed by the state engineer, and supplied the applicant without charge, it shall be the duty of the state engineer to make an endorsement thereon of the date of its receipt, and to keep a record of the same. |
What application must contain
What application shall contain
Duties of state engineer on receipt of application |
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Publication of notice of application
Protests of applications, how conducted |
of the state engineer to make an endorsement thereon of the date of its receipt, and to keep a record of the same. If upon examination the application is found to be defective, it shall be returned for correction or completion with advice of the reasons therefor, and the date of the return thereof shall be endorsed upon the application and made a record of his office. No application shall lose its priority of filing on account of such defects; provided, the application, properly corrected and accompanied by such maps and drawings, as may be required, is filed in the office of the state engineer within sixty (60) days from the date of said return to applicant. Any application returned for correction, or completion, not refiled in proper form within the said sixty days shall be canceled. All applications which shall comply with the provisions of the act shall be recorded in a suitable book kept for that purpose. Sec. 61. When any application is filed in compliance with this act the state engineer shall, within thirty (30) days, at the expense of the applicant, to be paid in advance as herein provided, publish or cause to be published, in some newspaper having a general circulation, and printed and published in the county where such water is sought to be appropriated, a notice of the application, which shall set forth that said application has been filed, the date of said filing, the name and address of the applicant, the name of the source from which the appropriation is to be made, the location of the place of diversion, and the purpose for which said water is to be appropriated, to which shall be added by the publisher the date of first publication, and the date of last publication. Upon proof of such publication, which must be filed within thirty (30) days from the date of the last publication, the state engineer shall pay for the same from the moneys deposited by the applicant for such purpose; provided, however, that if the application is canceled for any reason before it is published, the fee of ten dollars ($10) collected for said publication, shall be returned by the state engineer to said applicant. Sec. 62. Any person interested may, within thirty (30) days from the date of last publication of the said notice of application, file with the state engineer a written protest against the granting of said application, setting forth with reasonable certainty the grounds of such protest, which shall be verified by the affidavit of the protestant, his agent or attorney. On receipt of a protest, as hereinbefore provided, it shall be the duty of the state engineer to advise the applicant whose application has been protested of the fact that said protest has been filed with him, which advice shall be sent by registered mail. The state engineer shall duly consider the said protest, and may, in his discretion, hold hearings and require the filing of such evidence as he may deem necessary to a full understanding of the rights involved; provided, however, that no hearing thereon shall be had except after due notice by registered mail to both the applicant and protestant, which notice shall give the time and place at which the said hearing is to be held, which notice shall be mailed at least fifteen days prior to the date set for said hearing. |
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vided, however, that no hearing thereon shall be had except after due notice by registered mail to both the applicant and protestant, which notice shall give the time and place at which the said hearing is to be held, which notice shall be mailed at least fifteen days prior to the date set for said hearing. Said hearings shall be conducted under such rules and regulations as the state engineer may make, which he is hereby empowered to make for the proper and orderly exercise of the powers conferred herein. Sec. 63. It shall be the duty of the state engineer to approve all applications made in proper form where all fees, as in this act provided, have been paid, which contemplate the application of water to beneficial use, and where the proposed use or change does not tend to impair the value of existing rights, or be otherwise detrimental to the public welfare. But where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interests, it shall be the duty of the state engineer to reject said application and refuse to issue the permit asked for. Should the state engineer refuse to issue said permit, or should the permit be issued for a less amount of water than named in the application, the state engineer shall return to the applicant the amount of the deposit for such water rights, or the balance of the amount of the deposit for which the permit was denied; provided, however, the fee of fifteen dollars ($15) for examining, filing and publishing said application shall not be included in the amount returned, except as herein provided. The refusal or approval of an application shall be endorsed on a copy of the original application, and a record made of such endorsement in the records of the office of a state engineer; said copy of the application so endorsed shall be returned to the applicant. If approved, the applicant shall be authorized on receipt thereof, to proceed with the construction of the necessary works and to take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is refused the applicant shall take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as such refusal shall continue in force. Sec. 64. Before either approving or rejecting the application, the state engineer may require such additional information as will enable him to properly guard the public interest, and may in case of application proposing to divert more than ten cubic feet per second of water, require a statement of the following facts: In case of incorporated companies he may require the submission of the articles of incorporation, and names and the places of residence of directors and officers, and the amount of its authorized and of its paid-up capital. If the applicant is not an incorporated company, he may require a statement as to the name or names of the party or parties proposing to construct the work, and a showing of facts necessary to enable him to determine whether or not they have the financial ability to carry out the proposed work, and whether or not the said application has been made in good faith. |
State engineer to approve applications, when
Fees returned, when
Proviso
Record of action made and kept
State engineer may require accurate and ample information |
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State engineer to fix time of beginning actual construction work
Extension of time, when
Proviso
Applications may be assigned, restrictions
Statements of progress of work to be filed with state engineer
Failure to file statements, penalties for |
require a statement as to the name or names of the party or parties proposing to construct the work, and a showing of facts necessary to enable him to determine whether or not they have the financial ability to carry out the proposed work, and whether or not the said application has been made in good faith. Sec. 65. In his endorsement of approval upon any application the state engineer shall set a time prior to which actual construction work shall begin, which shall not be more than one year from the date of such approval; and that work shall be prosecuted diligently and uninterruptedly to completion unless temporarily interrupted by the elements; a time prior to which the construction of the said works must be completed, which shall be within five years of the date of such approval, and a time prior to which the complete application of water to a beneficial use must be made, which time shall not exceed ten years from the date of the said approval. He may limit the applicant to a less amount of water than that applied for, to a less period of time for the completion of work, and a less period of time for the perfecting of the application than named in the application. The state engineer shall have authority, for good cause shown, to extend the time within which construction work shall begin, within which construction work shall be completed, or water applied to a beneficial use, under any permit therefor issued by said state engineer; provided, however, that application for such extension must in all cases be made prior to the time set in the application limiting the period which it is desired to extend. Sec. 66. Any application for permit or any permit to appropriate water, may be assigned subject to the conditions of the permit, but no such assignment shall be binding except between the parties thereto, unless filed for record in the office of the state engineer. Sec. 67. It shall be the duty of any person holding a permit from the state engineer, on or before thirty (30) days after the date set for the commencement of work as endorsed thereon, and at other times required by the state engineer, to file with the state engineer the statement setting forth the time when, the place where, and the amount of such work as may have been performed by him thereunder in connection with such appropriation, and it shall be the further duty of the applicant within thirty (30) days after the date set for the completion of such work to file in detail, a description of said works as actually constructed, which statement shall be verified by the affidavit of the applicant, his agent, or his attorney. Should any applicant fail, prior to the date set for such filing in his permit to file with the state engineer, proof of commencement of work, or should the said applicant fail to file within thirty (30) days of the date set prior to which proof of completion of the work must be made, said proof of completion of work, as hereinbefore provided, the state engineer shall, in either case, advise the holder of said permit, by registered mail, that the same is held for cancelation, and should the said holder within thirty (30) days after the mailing of such advice fail to file the required affidavit with the state engineer, the said permit shall be canceled and no further proceedings shall be had thereunder; provided, however, that for good cause shown, upon application made prior to the expiration of the period for filing said instrument, the state engineer may, in his discretion, grant a further extension of time in which to file said instruments. |
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proof of completion of the work must be made, said proof of completion of work, as hereinbefore provided, the state engineer shall, in either case, advise the holder of said permit, by registered mail, that the same is held for cancelation, and should the said holder within thirty (30) days after the mailing of such advice fail to file the required affidavit with the state engineer, the said permit shall be canceled and no further proceedings shall be had thereunder; provided, however, that for good cause shown, upon application made prior to the expiration of the period for filing said instrument, the state engineer may, in his discretion, grant a further extension of time in which to file said instruments. Sec. 68. If, in the judgment of the state engineer, the holder of any permit to appropriate the public water is not proceeding in good faith and with reasonable diligence to perfect said appropriation, the state engineer may require at any time the submission of such proof and evidence as may be necessary to show a compliance with the law, and the state engineer shall, after duly considering said matter, if, in his judgment, the said holder of a permit is not proceeding in good faith and with reasonable diligence to perfect the said appropriation, cancel the said permit, and advise the holder of said permit of said cancelation. Sec. 69. On and before the date set in the endorsement of a permit for the application of water to beneficial use, or on the date set by the state engineer under a proper application for extension therefor, it shall be the duty of any person holding a permit from the state engineer to appropriate the public waters of the State of Nevada, to change the place of diversion, or the manner or place of use, to file with the state engineer a statement under oath, on a form prescribed by the state engineer, which statement shall include: (1) The name and postoffice address of the person making such proof. (2) The number and date of the permit for which proof is made. (3) The source of water supply. (4) The name of the canal or other works by which the water is conducted to the place of use. (5) The name of the original person to whom the permit was issued. (6) The purpose for which the water is used. (7) If for irrigation the actual number of acres of land upon which the water granted in the permit has been beneficially used; giving the same by forty (40) acre legal subdivisions when possible. (8) An actual measurement (taken by some competent person, giving the name of said person) of the water diverted for such use. |
Proviso
State engineer may require proofs of good faith
Statement on application
What statement shall set forth |
κ1913 Statutes of Nevada, Page 214 (CHAPTER 140)κ
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What statement shall set forth
Map and affidavit
Permit may be canceled, when
State engineer may refuse faulty map |
(9) The capacity of the works of diversion. (10) If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit. (11) The average grade and the difference in elevation between the termini of such conduit. (12) The number of months, naming them, in which water has been beneficially used. (13) The amount of water beneficially used, taken from actual measurements by some competent person, naming said person, together with such other data as the state engineer may require to acquaint himself with the amount of the appropriation for which said proof is filed. Accompanying said statement, there shall be filed with the state engineer a map on tracing linen on a scale of not less than one thousand feet to the inch, which shall show with substantial accuracy the following: (1) The point of diversion by legal subdivisions or by metes and bounds from some corner, when possible, from the source of supply. (2) The traverse of the ditch or other conduit, together with cross-sections of same. (3) The legal subdivisions of the land embraced in the application for permit and the outline by metes and bounds of the irrigated area, with the amount thereof. (4) The average grade and the difference in elevation of the termini of the conduit, and the carrying capacity of same. (5) The actual quantity of water flowing in the canal or conduit during the time said survey was being made. Said map must bear the affidavit of the surveyor or engineer making such survey and map. In the event the survey and map are made by different persons the affidavit of each must be on the map, showing that the map as compiled agrees with said survey. Said map shall conform with such rules and regulations as the state engineer shall make, which rules shall not be in conflict herewith. Should any applicant fail, prior to the date set for such filing in his permit, to file with the state engineer proof of application of water to beneficial use, and the accompanying map, or prior to such extension as the state engineer may grant, the state engineer shall advise the holder of said permit, by mail, that the same is held for cancelation, and should the said holder within thirty days after the mailing of such advice fail to file the required affidavit and map or either of them with the state engineer, the said permit shall be canceled and no further proceedings shall be had thereunder. Sec. 70. The state engineer may, in his discretion, refuse to accept for filing, any map not conforming with the foregoing provisions and such rules and regulations as he may make. He may, in his discretion, require additional data to be placed thereon, and may make proper provision therefor. |
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Sec. 71. Should it be found upon inspection of the premises by the state engineer that said surveyor or engineer had sworn falsely to said map and survey, he may, in the discretion of the state engineer, be barred from the further practice of engineering in any matters before the state engineer, in addition to the penalties prescribed by law for swearing falsely to any affidavit. Sec. 72. As soon as practicable after satisfactory proof has been 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 said applicant, his assign or assigns, a certificate setting forth the name and postoffice address of the appropriator, his assign or assigns, date, source, purpose and amount of appropriation; and if for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which said water is appurtenant, together with the number of the permit under which such certificate is issued, which certificate shall, within thirty (30) days after its issuance, be sent by mail to the recorder of the county in which such water is diverted from its source, as well as to the recorder of the county in which the water is used, to be recorded in books specially kept for that purpose, and the fee for recording such certificate, which is hereby fixed in the sum of one dollar ($1) for each county in which said record is made, shall be paid in advance to the state engineer by the party in whose favor the certificate is issued. Sec. 73. The following fees shall be collected by the state engineer in advance, and shall be accounted for and paid by him into the general fund of the state treasury, on or before the tenth day of each month; provided, however, that the fees named in subdivision (c) of this section shall not apply to permits for underground waters: (a) For examining and filing an application for permit to appropriate water, fifteen dollars ($15), which shall include the cost of publication, which publication fee is hereby fixed at ten dollars ($10). (b) For examining and filing an application for permit to change place of diversion, manner of use, or place of use, twenty-five dollars ($25), which shall include the cost of permit should the same issue thereunder, and the cost of publication of such application. (c) For issuing and recording permit to appropriate water for irrigation purposes; five cents per acre for each acre to be irrigated, up to and including one hundred acres, and three cents for each acre in excess of one hundred acres up to and including one thousand acres, and two cents for each acre in excess of one thousand acres. (d) For issuing and recording permit for power purposes, twenty-five cents for each theoretical horsepower to be developed up to and including one hundred horsepower, and fifteen cents for each horsepower in excess of one hundred horsepower, up to and including one thousand horsepower, and ten cents for each horsepower in excess of one thousand. |
Penalty for false swearing
Certificate issued by state engineer
Filed in county records
Fees of state engineer
Fees enumerated |
κ1913 Statutes of Nevada, Page 216 (CHAPTER 140)κ
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Fees enumerated
Seal for state engineer
Right of appeal to courts from decision of state engineer |
fifteen cents for each horsepower in excess of one hundred horsepower, up to and including one thousand horsepower, and ten cents for each horsepower in excess of one thousand. (e) For issuing and recording permit to store water, two cents for each acre-foot of water to be stored, up to and including one thousand acre-feet, and one cent for each acre-foot in excess of one thousand. (f) For issuing and recording permit to appropriate water for any other purpose, $5 for each second-foot of water applied for, or fraction thereof. (g) For filing secondary permit under reservoir permit, $5; for approving and recording secondary permits under reservoir permits, $5. (h) For filing proof of commencement of work, $1. (i) For filing proof of completion of work under any permit, $1. (j) For filing any protest, affidavit, or any other water-right instrument or paper, $1. (k) For making copy of any document recorded or filed in his office, one dollar for the first hundred words and twenty cents for each additional one hundred words or fraction thereof; where the amount exceeds $5, then only the actual cost in excess of that amount shall be charged. (l) For certifying to copies of documents, records or maps, one dollar for each certificate. (m) For blue-print copy of any drawing or map, ten cents per square foot. (n) For such other work as may be required of his office, actual cost of the work. Sec. 74. The state engineer is hereby empowered and directed to procure, for his said office, a seal upon which shall appear his official title, and such other suitable inscription as he may deem proper, and such seal shall be affixed to all official permits, certificates and other documents issued by him under the provisions of this act. Sec. 75. Any party feeling 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. |
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Sec. 76. All applications for reservoir permits shall be subject to the provisions of sections 59 to 74, both inclusive, except those sections wherein proof of beneficial use is required to be filed; but the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall file an application for permit to be known herein as the secondary permit, in compliance with the provision of sections 59 to 74, both inclusive, except that no notice of such application shall be published. Said application shall refer to said reservoir for a supply of water and shall show by documentary evidence that an agreement has been entered into with the owner of the reservoir for a permanent and sufficient interest in such reservoir, to impound enough water for the purpose set forth in said application. When beneficial use has been completed and perfected under the secondary permit, and after the holder thereof shall have made proofs of the commencement and completion of his work, and of the application of water to beneficial use, as in the case of other permits, as provided in this act, final certificate of appropriation shall issue as other certificates are issued, except that said certificate shall refer to both the works described in the secondary permit and the reservoir described in the primary permit. Sec. 77. Whenever the owner, manager or lessee of a reservoir constructed under the provisions of this act shall desire to use the bed of a stream or other watercourse for the purpose of carrying stored or impounded water from the reservoir to the consumer thereof, he shall, in writing, notify the state engineer, and the water commissioner of the district in which said water is to be used, giving the date when it is proposed to discharge water from said reservoir, its volume, and the names of all the persons and ditches entitled to its use, and it shall then be the duty of the said state engineer, or his assistant, to regulate the said works and head-gates, of all ditches from the stream or watercourse not entitled to the use of such stored water as will enable those having the right to secure the volume to which they are entitled. The state engineer shall keep a true and distinct account of the time spent by him in the discharge of his duties, as defined in this section, and to present a certified statement thereof to the county commissioners of the county wherein the expense is incurred. Said county commissioners shall present a bill for the expense so incurred to the reservoir owner, manager or lessee, and if such owner, manager, or lessee shall neglect for thirty (30) days after the presentation of such bill of costs, to pay the same, the said costs shall be made a charge upon the said reservoir and shall be collected as delinquent taxes until payment of such bill of costs has been made. Sec. 78. The attorney-general and the district attorney of the county in which legal questions arise, shall be the legal advisers of the state engineer and shall perform any and all legal duties necessary in connection with their work without any further compensation than their salaries fixed by law. |
Reservoir permits, regulations concerning
Secondary permit
Final certificate issued when
Use of bed of stream, how regulated
Expenses how met
Legal advisers of state engineer |
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Negligent coowners may be compelled to pay share of expenses
Statement of expenses to constitute valid lien against property of delinquent
Unauthorized use or wilful waste of water prima facie evidence of guilt
Obstruction unlawful
Misdemeanor to violate these provisions
Vested rights to water not impaired |
legal duties necessary in connection with their work without any further compensation than their salaries fixed by law. Sec. 79. In all cases where ditches are owned by two or more persons, and one or more of such persons shall fail or neglect to do a proportionate share of the work necessary for the proper maintenance and operation of such ditch or ditches, or to construct suitable head-gates, or other devices at the point where water is diverted from the main ditch, such owner or owners desiring the performance of such work, may, after giving ten days written notice to such other owner or owners who have failed to perform such proportionate share of the work necessary for the operation and maintenance of said ditch or ditches, perform such share of the work, and recover therefor from such person or persons in default, the reasonable expense of such work. Sec. 80. Upon the failure of any coowner to pay his proportionate share of such expense, as mentioned in the preceding section, within thirty days after receiving a statement of the same as performed by his coowner or owners, such person or persons so performing such labor may secure payment of said claim by filing an itemized and sworn statement thereof, setting forth the date of the performance and the nature of the labor so performed, with the county clerk of the county wherein said ditch is situated, and when so filed it shall constitute a valid lien against the interest of such person or persons in default, which said lien may be established and enforced in the same manner as provided by law for the enforcement of mechanics liens. Sec. 81. The unauthorized use of water to which another person it entitled, or the wilful waste of water to the detriment of another, shall be a misdemeanor, and the possession or use of such water without legal right, shall be prima facie evidence of the guilt of the person using or diverting it. Sec. 82. Whenever any appropriator of water has the lawful right of way for the storage, diversion, or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of his works, or prevent convenient access thereto. Any violation of the provisions of this section shall be a misdemeanor. Sec. 83. All violations of the provisions of this act declared herein to be misdemeanor, shall be punished by a fine not exceeding two hundred and fifty dollars ($250), and not less than ten dollars ($10), or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Sec. 84. Nothing in this act contained shall impair the vested right of any person to the use of water, nor shall the right of any person to take and use water be impaired or affected by any of the provisions of this act where appropriations have been initiated in accordance with law prior to the approval of this act. Any and all appropriations based upon applications and permits now on file in the state engineers office, shall be perfected in accordance with the laws in force at the time of their filing. |
κ1913 Statutes of Nevada, Page 219 (CHAPTER 140)κ
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applications and permits now on file in the state engineers office, shall be perfected in accordance with the laws in force at the time of their filing. Sec. 85. To bring about a more economical use of the available water supply, it shall be lawful for water users owning lands to which water is appurtenant, to rotate in the use of the supply to which they may be collectively entitled; or a single water user, having lands to which water rights of a different priority attach, may in like manner rotate in use, when such rotation can be made without injury to lands enjoying an earlier priority, to the end that each user may have an irrigation head of at least two (2) cubic feet per second. Sec. 86. The state engineer is hereby empowered to make such reasonable rules and regulations as may be necessary for the proper and orderly execution of the powers conferred by this act. Sec. 87. 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. 88. All acts designated in the following schedule, and all other acts and parts of acts in conflict herewith shall stand repealed from and after the time when this act goes into effect.
Schedule 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. An act amendatory of a certain act entitled An act to provide for the appropriation, distribution and use of water, and to define and preserve existing rights, to provide for the appointment of a state engineer and 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, and to provide a fee system for the certification of the records of, and an official seal for, the state engineers office, and other matters relating thereto, approved February 20, 1909. The repeal of a law by this act shall not affect any application for permit made to, or permit granted by the state engineer to appropriate the public water when any such instrument was filed or approved before the repeal takes effect, and any action or proceeding heretofore commenced or initiated under any law repealed by this act, shall be completed in accordance with the provisions of the law in force at the time of such filing and approval. |
Rotation in use of water
State engineer to make rule
Each section of this law declared independent
Repeal of conflicting acts
Specific acts repealed
This law not retroactive |
κ1913 Statutes of Nevada, Page 220 (CHAPTER 140)κ
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Appropriation, $30,000
In effect |
or initiated under any law repealed by this act, shall be completed in accordance with the provisions of the law in force at the time of such filing and approval. Sec. 89. The sum of thirty thousand dollars ($30,000) is hereby appropriated out of the general fund in the state treasury to carry out the provisions of this act. Sec. 90. This act shall take its effect from and after its passage and approval. |
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For cleaning legislative halls after session, $50
Duties of controller and treasurer |
Chap. 141An Act appropriating fifty dollars out of the legislative fund of the twenty-sixth session of the Nevada legislature, to be paid to M. Farrell, porter of the senate, and Richard Savage, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-sixth session.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifty dollars is hereby appropriated out of the legislative fund of the twenty-sixth session of the Nevada legislature, of which twenty-five dollars is to be paid to M. Farrell, porter of the senate, and twenty-five dollars to be paid to Richard Savage, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-sixth session. Sec. 2. The state controller is hereby directed to draw his warrant in favor of the persons above named for the amounts specified in this act, only upon the certificate of the secretary of state that the legislative chambers have been cleaned and put in order, and the state treasurer is hereby directed to pay the same. |
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Appropriation, $2,500 G. A. R. encampment in Reno |
Chap. 142An Act to appropriate certain moneys for the purpose of assisting to defray the expenses of holding the department encampment of California and Nevada of the Grand Army of the Republic, in the summer of 1913, in this state, and other matters relating thereto.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of twenty-five hundred dollars ($2,500) for the purpose of assisting to defray the expenses of holding the department encampment of California and Nevada of the Grand Army of the Republic, in the summer of 1913, at Reno, Nevada, to be expended through the quartermaster of O. .M. Mitchell Post No. 69 of the Grand Army of the Republic. |
κ1913 Statutes of Nevada, Page 221 (CHAPTER 142)κ
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expended through the quartermaster of O. M. Mitchell Post No. 69 of the Grand Army of the Republic. Sec. 2. The expenses aforesaid shall only be paid upon warrants therefor drawn by the state controller upon the state treasurer, after claims, supported by proper vouchers representing the same, have first been approved by said quartermaster, and allowed and approved by the military auditors of this state, consisting of the governor, state controller and the adjutant-general. After said claims have been so allowed and approved, the state controller shall draw warrants for the same upon the state treasurer and the last-named officer shall pay the amounts specified in the warrants. Sec. 3. This act shall take effect from and after its passage and approval. |
Paid after approval by O. M. Mitchell post |
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Chap. 143An Act to regulate the fees of the county clerk of Elko County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county clerk of Elko county, State of Nevada, as county clerk and ex officio clerk of the district court of the Fourth judicial district of the State of Nevada, in and for Elko County, shall, from and after the passage of this act, charge and collect the following fees: On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, seven dollars; said fee to be in addition to the court fee now provided for by law; On the filing of a petition for letters testamentary, or of administration, or guardianship, eight dollars and fifty cents, to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of fifty cents for each additional one thousand dollars of the appraised value in excess of two thousand dollars; said fee to be paid in addition to the court fee now provided for by law. On filing a petition to contest any will or codicil, five dollars, to be paid by the petitioner; On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars; For every additional defendant, appearing separately, two dollars and fifty cents; The foregoing fees shall be in full for all services rendered by such clerk in the case, to and including the making up of the judgment roll; |
County clerk and court fees in Elko county
Fees enumerated |
κ1913 Statutes of Nevada, Page 222 (CHAPTER 143)κ
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Fees enumerated |
On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the clerk, in full for all services to be rendered in connection with said motion, two dollars and fifty cents; For issuing an execution or order of sale, in any action, one dollar; For filing a notice of appeal, and appeal bonds, each, fifty cents; In all proceedings begun, or for acts performed, previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun or act performed. The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for: For any copy of any record, proceeding or paper on file in the office of the clerk, relating to any civil action theretofore tried or pending in said court, when such copy is made by him, per folio, fifteen cents. For filing each claim, in probate or insolvency proceedings, to be paid for by the party filing such claim, fifteen cents. No fee shall be charged by the clerk for any services rendered in any criminal case. For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees: For issuing marriage licenses, one-half to be paid to the county recorder, two dollars; For filing, indexing, and recording articles of incorporation, ten dollars; For filing, indexing, and registering certificates of copartnership, one dollar; For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each, twenty-five cents; For issuing any license required by law, other than marriage license, one dollar; For examining and certifying to a copy of any paper, record or proceeding, prepared by another, and presented for his certificate, fifty cents; and two cents per folio, for comparing said copy with the original. For making satisfaction of or credit on judgment, twenty-five cents. For administering each oath, without certificates, except in a pending action or proceeding, twenty-five cents; For taking any affidavit, except in criminal cases, twenty-five cents; For searching records or files in his office, for each year (but not to charge suitors or attorneys), fifty cents; For taking acknowledgment of any deed, or other instrument including the certificate, one dollar. |
κ1913 Statutes of Nevada, Page 223 (CHAPTER 143)κ
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Sec. 2. All fees collected by said county clerk under the provisions of this act shall be by him turned into the general fund of said Elko County on the last day of each month, and none of the same shall be retained by him. Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. |
All fees turned into county treasury |
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Chap. 144An Act to create judicial districts in the State of Nevada, provide for the election of district judges therein, and to fix their salary, and to repeal all other acts in relation thereto.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State of Nevada is hereby divided into ten judicial districts. The counties of Storey, Douglas and Ormsby shall constitute the First judicial district; the county of Washoe shall constitute the Second judicial district; the counties of Eureka and Lander shall constitute the Third judicial district; the county of Elko shall constitute the Fourth judicial district; the county of Nye shall constitute the Fifth judicial district; the county of Humboldt shall constitute the Sixth judicial district; the counties of Esmeralda and Mineral shall constitute the Seventh judicial district; the counties of Lyon and Churchill shall constitute the Eighth judicial district; the county of White Pine shall constitute the Ninth judicial district; and the counties of Lincoln and Clark shall constitute the Tenth judicial district. For each of said districts judges shall be elected by the qualified electors thereof at the general election in the year 1914, and every four years thereafter, except as otherwise provided in this act, as follows: For each of said districts, except the Second judicial district, there shall be [elected one judge. For the Second judicial district there shall be] two judges elected. Sec. 2. Until the first Monday in January, 1915, the judicial districts of this state shall be and remain as heretofore provided by law, unless there shall occur vacancies in the offices now held by the present incumbents, by deaths, resignations or otherwise; provided, that in case of such vacancy or vacancies the provisions of this act shall take immediate effect, and such vacancy or vacancies shall be filled as provided by law. Sec. 3. The salary of each judge herein elected, or appointed to fill vacancies whenever such vacancies shall occur, shall be four thousand dollars per annum, except the judge of the Fourth judicial district whose salary shall be four thousand five hundred dollars per annum, and the judge of the Fifth judicial district whose salary shall be six thousand dollars per annum, and the judge of the Seventh judicial district whose salary shall be four thousand five hundred dollars per annum, and the judge of the First judicial district, whose salary shall be three thousand dollars per annum; all of said salaries to be paid in equal monthly installments out of the district judges salary fund, hereby created in the state treasury, which fund shall be supplied in the manner following, to wit: |
Ten judicial districts in state; each described
Takes effect January, 1915
Provisos as to vacancies
Salaries of judges |
κ1913 Statutes of Nevada, Page 224 (CHAPTER 144)κ
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District judges, salary fund
Two judges for Second district
Repeal |
sand dollars per annum, and the judge of the Seventh judicial district whose salary shall be four thousand five hundred dollars per annum, and the judge of the First judicial district, whose salary shall be three thousand dollars per annum; all of said salaries to be paid in equal monthly installments out of the district judges salary fund, hereby created in the state treasury, which fund shall be supplied in the manner following, to wit: Each county in each district in the state shall contribute annually to the said fund its proportionate share of the money necessary to pay the judge or judges of its district their respective salaries monthly for such year, based upon the assessment roll of each county for the previous year, and it is hereby made the duty of the county commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their countys quota of said district judges salary fund to the state treasurer at such times and in such installments as will enable the state treasurer to pay each district judge one-twelfth of his annual salary on the first Monday of each and every month, and to cause such money to be forwarded by the county treasurer, and if necessary in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said board of county commissioners shall transfer and use any moneys in the county treasuries except those belonging to the public school fund. No salary of any district judge shall be paid in advance. Sec. 4. The Second judicial district shall be entitled to and shall have two district judges; they shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and they shall have power to make such rules and regulations as will enable them to transact judicial business of said district in a convenient and lawful manner. Sec. 5. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
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Relief of Guy Guinan |
Chap. 145An Act for the relief of Guy Guinan.
[Approved March 22, 1913]
Whereas, The office of deputy clerk of the supreme court of the State of Nevada was created by act of the legislature of said state on the 10th day of March, 1911, and the sum of thirty-two hundred and fifty dollars appropriated by said legislature to pay the salary of said deputy; and Whereas, The governor of said state failed to sign said act until the 15th day of March, 1911; and Whereas, The said Guy Guinan performed all the duties of said deputyship from the said 10th day of March, 1911, to and including the said 15th day of March, 1911, and has never received any pay therefor by reason of said failure of the governor to sign said bill or act on the said 10th day of March, 1911; and |
κ1913 Statutes of Nevada, Page 225 (CHAPTER 145)κ
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and including the said 15th day of March, 1911, and has never received any pay therefor by reason of said failure of the governor to sign said bill or act on the said 10th day of March, 1911; and Whereas, That for said labor and services as such deputy there is now due and justly owing to the said Guy Guinan from the State of Nevada the sum of twenty-two and 40/100 dollars; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the state controller be and he is hereby directed and authorized to draw his warrant in favor of the said Guy Guinan for the sum of twenty-two and 40/100 dollars, and the state treasurer is hereby directed to pay the same. |
Duties of controller and treasurer |
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Chap. 146An Act to amend an act entitled An act to provide for a county high school in the city of Ely, Nevada, for the purchase of a site and the erection, furnishing and equipment of a building for such school, for the issuance and payment of bonds for the creation of a fund for the purchase of such site, the erection, furnishing and equipment of such building, and the establishing and maintaining of such school, approved February 8, 1913, as amended by an act entitled An act to amend section five of an act entitled An act to provide for a county high school in the city of Ely, Nevada, for the purchase of a site and the erection, furnishing and equipment of a building for such school, for the issuance and payment of bonds for the creation of a fund for the purchase of such site, the erection, furnishing and equipment of such building, and the establishing and maintaining of such school, approved February 28, 1913; and to provide for a county high school in and for White Pine County, State of Nevada, situated in the city of Ely, in said county and state; for the establishment and maintenance of such school; for the purchase of a site therefor in said city, and the erection thereon, furnishing and equipment of a building for such school; for the issuance and sale, by the board of county commissioners of said county, of fifty thousand dollars county high school site and building six per cent bonds of said county, for the purpose of raising funds with which to create a fund to purchase such site and erect thereon, furnish and equip such building; for the levy and collection of a direct annual ad valorem tax on all the taxable property of said county, including the net proceeds of mines, in addition to all other taxes, sufficient to pay the interest on and the principal of said bonds promptly when and as the same become due; and for the repeal of all acts or parts of acts in conflict herewith.
[Approved March 22, 1913] |
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κ1913 Statutes of Nevada, Page 226 (CHAPTER 146)κ
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Amending previous act for bonds for county high school at Ely, White Pine County
County commissioners to issue bonds in sum of $50,000
Order and times of redemption |
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one to sixteen, inclusive, of an act entitled An act to provide for a county high school in the city of Ely, Nevada, for the purchase of a site and the erection, furnishing and equipment of a building for such school, for the issuance and payment of bonds for the creation of a fund for the purchase of such site, the erection, furnishing and equipment of such building and the establishing and maintaining of such school, approved February 8, 1913, as amended by an act entitled An act to amend section five of an act entitled An act to provide for a county high school in the city of Ely, Nevada, for the purchase of a site and the erection, furnishing and equipment of a building for such school, for the issuance and payment of bonds for the creation of a fund for the purchase of such site, the erection, furnishing and equipment of such building and the establishing and maintaining of such school, approved February 28, 1913, shall be and the same are hereby amended to read as follows: Section 1. The board of county commissioners of, for and on behalf of the county of White Pine, for the purpose of raising funds with which to create a fund to purchase a site for a county high school, in and for said county, situated in the city of Ely, therein, and the election thereon, furnishing and equipment of a building for such school, be and they are hereby authorized, empowered, ordered and directed to issue and sell, without undue or unnecessary delay, the negotiable coupon county high school site and building bonds of said county to an amount aggregating the principal sum of fifty thousand dollars. They shall be known as and designated County of White Pine, State of Nevada, County High School site and Building Bonds; shall be fifty in number, numbered consecutively from one to fifty, both inclusive, of the denomination of one thousand dollars each; shall bear date of January first, A. D. 1913, become absolutely due and payable January first, A. D. 1929, but shall be redeemable at the pleasure of said county as follows: Nos. 1 to 5, inclusive, on any interest payment date after January 1, 1919. Nos. 6 to 10, inclusive, on any interest payment date after January 1, 1920. Nos. 11 to 15, inclusive, on any interest payment date after January 1, 1921. Nos. 16 to 20, inclusive, on any interest payment date after January 1, 1922. Nos. 21 to 25, inclusive, on any interest payment date after January 1, 1923. Nos. 26 to 30, inclusive, on any interest payment date after January 1, 1924. |
κ1913 Statutes of Nevada, Page 227 (CHAPTER 146)κ
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Nos. 31 to 35, inclusive, on any interest payment date after January 1, 1925. Nos. 36 to 40, inclusive, on any interest payment date after January 1, 1926. Nos. 41 to 45, inclusive, on any interest payment date after January 1, 1927. Nos. 46 to 50, inclusive, on any interest payment date after January 1, 1928. They shall bear interest from their date until paid at the rate of six per centum per annum, except as hereinafter provided, payable semiannually on the first days of January and July, respectively, in each year, which installments of interest to date of maturity of principal shall be evidenced by appropriate coupons attached to each bond; and both the interest on and principal of said bonds shall be payable in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at the National Bank of Commerce, in the city and state of New York, United States of America; provided, however, that the interest represented by such coupons which mature prior to the actual payment to the credit of said county of White Pine of its said fifty thousand dollars, the purchase price of said bonds, by the purchaser thereof, shall not be due and payable by said county, and shall not be paid by said treasurer unless the purchaser of said bonds pays the interest accrued thereon to date of delivery, and said treasurer is hereby authorized to detach the coupons representing such interest prior to the delivery of said bonds and cancel the same unless said accrued interest is paid as aforesaid. Section 2. Each of said bonds and each of the interest coupons to be thereto attached, shall be in substantially the following forms, respectively, to wit: (Form of Bond) United States of America-State of Nevada No. ........ County of White Pine $1,000 County High School Site and Building Bond The county of White Pine, in the State of Nevada, acknowledges itself to owe and for value received hereby promises to pay to the bearer hereof the principal sum of one thousand dollars, on January first, A. D. 1929, together with interest on said sum from the date hereof until paid at the rate of six per centum per annum, payable semiannually on the first days of January and July, respectively, in each year, as evidenced by and upon the presentation and surrender of the interest coupons hereto attached as they severally become due; and both the said interest and principal of this bond are hereby made payable in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at the National Bank of Commerce, in the city and State of New York, U. S. A.; and for the prompt payment of this bond with interest thereon as aforesaid when due, the full faith, credit, resources and all the taxable property of said county are hereby irrevocably pledged. |
Interest 6 per cent, payable semiannually
Proviso
Coupons
Form of bond |
κ1913 Statutes of Nevada, Page 228 (CHAPTER 146)κ
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Form of bond
Form of bond |
full faith, credit, resources and all the taxable property of said county are hereby irrevocably pledged. This bond is one of a series of fifty bonds of like date, tenor and amount issued by said county, by and through its board of county commissioners, for the purpose of raising funds with which to create a fund to purchase a site for a county high school, in and for said county, situated in the city of Ely, therein, and the erection thereon, furnishing and equipment of a building for such school, under, by virtue of and in full and strict compliance with the constitution of the State of Nevada, and an act of the legislature of said state passed at its twenty-sixth session, entitled An act to amend an act entitled An act to provide for a county high school in the city of Ely, Nevada, for the purchase of a site and the erection, furnishing and equipment of a building for such school, for the issuance and payment of bonds for the creation of a fund for the purchase of such site, the erection, furnishing and equipment of such building and the establishing and maintaining of such school, approved February 8, 1913, as amended by an act entitled An act to amend section five of an act entitled An act to provide for a county high school in the city of Ely, Nevada, for the purchase of a site and the erection, furnishing and equipment of a building for such school, for the issuance and payment of bonds for the creation of a fund for the purchase of such site, the erection, furnishing and equipment of such building and the establishing and maintaining of such school, approved February 28, 1913; and to provide for a county high school in and for White Pine County, State of Nevada, situated in the city of Ely, in said county and state; for the establishment and maintenance of such school; for the purchase of a site therefor in said city, and the erection thereon, furnishing and equipment of a building for such school; for the issuance and sale, by the board of county commissioners, of said county of fifty thousand dollars county high school site and building six per cent bonds of said county for the purpose of raising funds with which to create a fund to purchase such site and erect thereon, furnish and equip such building; for the levy and collection of a direct annual ad valorem tax on all the taxable property of said county including the net proceeds of mines, in addition to all other taxes, sufficient to pay the interest on and the principal of said bonds promptly when and as the same become due; and for the repeal of all acts or parts of acts in conflict herewith, approved March....., A. D. 1913, and all other laws and authority thereunto enabling. And it is hereby certified, recited and warranted that said county is duly organized, existing and operating as a body politic and corporate under and by virtue of the laws of the State of Nevada and the board of county commissioners thereof is the duly constituted corporate authority of said county; that all things, acts and conditions required by the constitution and laws of the said state to exist and to happen and be done and performed precedent to and in the issuance of this bond, and every other bond of the series of which it forms a part, in order to constitute the same the valid and binding obligations of said county, do exist and have happened and been done and performed in regular and due form and time; that the total indebtedness of said county, including this bond and the other bonds of said series, do not exceed any constitutional or statutory limitation; and that due provision has been made for the levy and collection of a direct annual ad valorem tax on all the taxable property of said county including the net proceeds of mines, in addition to all other taxes, sufficient to pay the interest accruing hereon as the same falls due and also discharge the principal hereof at maturity. |
κ1913 Statutes of Nevada, Page 229 (CHAPTER 146)κ
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tion and laws of the said state to exist and to happen and be done and performed precedent to and in the issuance of this bond, and every other bond of the series of which it forms a part, in order to constitute the same the valid and binding obligations of said county, do exist and have happened and been done and performed in regular and due form and time; that the total indebtedness of said county, including this bond and the other bonds of said series, do not exceed any constitutional or statutory limitation; and that due provision has been made for the levy and collection of a direct annual ad valorem tax on all the taxable property of said county including the net proceeds of mines, in addition to all other taxes, sufficient to pay the interest accruing hereon as the same falls due and also discharge the principal hereof at maturity. This bond is redeemable on any interest payment date after January first, A. D. 19...., at the option of said county by giving thirty days previous written notice of its intention to exercise said option to redeem to the said National Bank of Commerce and to the original purchaser of this bond. In witness whereof, the said county of White Pine, by its board of county commissioners, has caused this bond to be signed by its chairman, attested by its clerk, sealed with its seal, and countersigned by the county treasurer; and each of the interest coupons hereto attached to be signed by the engraved fac simile signatures of the said chairman, clerk, and treasurer, as of the first day of January, A. D. 1913. (Seal) ...................................................... , Chairman, Board of County Commissioners. Attest:................................................................. , Clerk. Countersigned: .......................................................... , County Treasurer. No. ............ (Form of Coupon) $30.00 On 1, A. D. 19...., The County of White Pine, in the State of Nevada, For value received, will pay to the bearer hereof the sum of thirty dollars in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at the National Bank of Commerce, in the city and State of New York, U. S. A., being six months interest then due on its county high school site and building bond, dated January 1, A. D. 1913. No. ............ ...................................................... , Chairman, Board of County Commissioners. ................................................................................. , Clerk. ................................. , County Treasurer. Section 3. Each of said bonds shall be signed by the chairman of the board of county commissioners, attested by its clerk, sealed with its seal, which seal shall be impressed thereon, and countersigned by the county treasurer; and each of the semiannual interest coupons attached to each of said bonds shall be signed by the engraved fac simile signatures of the said chairman, clerk and treasurer; and the officers in this section mentioned shall forthwith cause the said bonds and coupons to be prepared in substantially the forms, respectively, hereinabove set out, and to execute the same for and on behalf of said county as and in the manner aforesaid; and when said bonds and coupons shall have been so executed their legality shall not be opened to contest by said county or by any person or corporation for or in its behalf for any reason whatsoever. |
Form of coupon
Bonds signed by officers of county |
κ1913 Statutes of Nevada, Page 230 (CHAPTER 146)κ
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Payments of interest
Taxes for interest on bonds
Fund for payment of interest on bonds
Sinking fund |
to be prepared in substantially the forms, respectively, hereinabove set out, and to execute the same for and on behalf of said county as and in the manner aforesaid; and when said bonds and coupons shall have been so executed their legality shall not be opened to contest by said county or by any person or corporation for or in its behalf for any reason whatsoever. Section 4. The interest falling due on July 1, A. D. 1913, except as hereinabove provided, on said bonds shall, by the county treasurer, be paid out of the general county fund; and for the purpose of providing the necessary funds to reimburse said general fund for the amount so borrowed from it, and to pay the interest accruing on said bonds subsequent to July 1, A. D. 1913, promptly when and as the same falls due, and also to constitute and maintain a sinking fund for the discharge of the principal thereof prior to or at maturity, there shall be and there hereby is levied upon all the taxable property in said county, including the net proceeds of mines, in addition to all other taxes, the following direct annual ad valorem tax, to wit: In the year 1913, a direct annual tax sufficient to meet the interest on such bonds. In each of the years 1914 to 1927, inclusive, a direct annual tax sufficient to produce the net sum of $3,000 in each year, being for interest. In the year 1928, a direct annual tax sufficient to produce the net sum of $1,500, being for interest. In each of the years 1918 to 1927, inclusive, a direct annual tax sufficient to produce the net sum of $5,000 in each year, being for principal. And the said tax for interest shall be paid over to the county treasurer to be kept by him in a separate fund hereby created to be known as and designated County High School Site and Building Bonds, dated January 1, 1913, Interest Fund, which shall be irrevocably pledged to and used solely for the payment of the interest accruing on said bonds so long as any of said bonds or the interest coupons thereto appertaining remain outstanding and unpaid; and the said tax for principal shall be paid over to the county treasurer to be kept by him in a separate fund hereby created to be known as and designated County High School Site and Building Bonds, dated January 1, 1913, Sinking Fund, which shall be irrevocably pledged to and used solely in the payment, redemption and cancelation of said bonds in the manner in this act hereinafter provided; and for greater certainty the board of county commissioners shall in each of said years 1913 to 1928, inclusive, include the respective interest and sinking fund taxes hereinabove levied for such years in the annual estimate for said county for such year; and the said taxes shall in each of said years be certified, extended upon the tax rolls and collected by the same officers in the same manner and at the same time as the taxes for general county and state purposes for such years are certified, extended and collected; provided, always, that as fast as the said bonds are redeemed and paid by use of the said sinking fund, the interest tax provided for herein, shall by the board of county commissioners thereafter be diminished proportionately and according to the amount of bonds so redeemed and paid. |
κ1913 Statutes of Nevada, Page 231 (CHAPTER 146)κ
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said bonds are redeemed and paid by use of the said sinking fund, the interest tax provided for herein, shall by the board of county commissioners thereafter be diminished proportionately and according to the amount of bonds so redeemed and paid. Section 5. Whenever the amount of said sinking fund created under the provisions of the preceding section, shall equal the principal amount of any of said bonds then subject under the pleasure or option of said county to be paid or redeemed, it shall be the duty of the county treasurer to give thirty days previous written notice of said countys intention to exercise said option to redeem to the said National Bank of Commerce and to the original purchaser of said bonds, stating that he will, within thirty days from the date of said notice, redeem and pay, on the date that the same is redeemable according to the terms and tenor thereof, any such bond then redeemable and payable, giving priority according to the date of issue numerically, and upon presentation of any such bond or bonds at their place of payment, the said treasurer shall cause the same to be paid; and whenever the county treasurer shall redeem any of said bonds, 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 for the sum paid. Section 6. On the twentieth days of June and December, respectively, in each year, so long as any of the interest coupons appertaining to the said bonds remain outstanding and unpaid, the county treasurer shall, at least ten days prior to the maturity of any such coupon, remit out of any money in his hands belonging to said county, by New York draft, to the National Bank of Commerce, in the city and State of New York, U. S. A., a sum sufficient to pay the semiannual interest accruing on said bond on the first days of January and July, respectively, in each year, except as hereinabove provided; and prior to giving the notice of redemption required under the provisions of the preceding section the said county treasurer shall, out of the sinking fund created under the provisions of this act, remit by New York draft to said National Bank of Commerce, a sum sufficient to pay the principal amount of such bond or bonds as he intends to redeem, and at the same time shall also remit by New York Draft to said National Bank of Commerce an additional sum sufficient to pay the interest on the said bond or bonds intended to be redeemed to the date that they are redeemable according to the terms and tenor hereof, except as hereinabove provided, and the interest payment date specified in said notice. Section 7. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bond for redemption as provided for in this act, all interest thereon shall thereafter cease and determine. |
County may exercise option of redemption
Draft for interest payments to be sent to New York
Interest ceases, when |
κ1913 Statutes of Nevada, Page 232 (CHAPTER 146)κ
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Taxes cease, when
Faith of state pledged
County commissioners to negotiate bonds
Provisos
Moneys kept in separate fund
Clerk to keep record of bonds
Proviso |
tion as provided for in this act, all interest thereon shall thereafter cease and determine. Section 8. Whenever the said bonds and interest thereon shall have been fully paid, the taxes by this act levied shall cease and determine, and all moneys remaining in the said bond, interest and sinking funds, either one or both, as the case may be, shall by order of the said board of county commissioners be transferred to the fund used for paying the contingent expenses of said county high school. Section 9. The faith of the State of Nevada is hereby solemnly pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued thereunder and by virtue thereof shall have been paid in full as therein provided; and the provisions of this act and each of the bonds and interest coupons issued pursuant hereto shall constitute and the same are hereby declared to be a binding and irrevocable contract between said county and the purchasers of said bonds, and the holder from time to time of each of said bonds and the interest coupons thereto appertaining. Section 10. The board of county commissioners is hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals, or by private sale, or sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bond shall be sold for less than its par value; and provided further, that the said board shall sell the bonds to the highest and best bidder or bidders in the event that they elect not to sell the same at private sale or sales. Section 11. All moneys derived from the sale of said bonds shall by the purchasers of the same from the board of county commissioners be paid over to the county treasurer and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created to be known as and designated White Pine County High School Site and Building Fund, and to pay out said moneys in the manner now provided by law for the payment of the County High School Fund, and for the purposes provided for in this act; and the said county treasurer shall be liable on his official bond for the safe-keeping of the money which shall come into his hands under the provisions of this act and for the faithful discharge of all of his duties in relation thereto; but the purchaser of said bonds shall be in no wise responsible for the application of the proceeds of said bonds by said county treasurer or by any other party or parties. Section 12. The clerk of the board of county commissioners shall keep a record of all proceedings had and taken under the provisions of this act, making a record of the number, date, maturity and amount of each bond, and the name and postoffice address of the purchaser; provided, that no meeting of said board of county commissioners will be required under the provisions of this act in order to issue, execute and deliver said bonds to the purchaser thereof, nor for the county treasurer to receive payment therefor. |
κ1913 Statutes of Nevada, Page 233 (CHAPTER 146)κ
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said bonds to the purchaser thereof, nor for the county treasurer to receive payment therefor. Section 13. The county board of education of said county is hereby authorized, empowered, ordered and directed to use such money derived from the sale of said bonds, or such portion thereof as they may deem necessary, for the purchase of a site for a county high school, in and for said county, situated in the city of Ely therein, and the erection thereon, furnishing and equipment of a building for such school; and any balance remaining in such fund after the completion of said building shall be turned over and converted by the county treasurer into the proper fund provided for running and maintaining said high school in accordance with and pursuant to the provisions of the law pertaining to the establishment, maintenance and management of high schools in the several counties of the state. Section 14. The said county board of education shall determine as to the character of said building, materials to be used in its construction, and plans therefor, and when such determination is made the said board of education shall advertise for bids for the construction of said building, and let the construction thereof by contract to the lowest responsible bidder; the said county board of education to have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained. The laws in force governing the letting of contracts by boards of county commissioners are hereby made applicable to, and the same shall govern the action of the said county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education in carrying out the provisions of this act shall be paid in the same manner now prescribed by law for paying claims against The County High School Fund. Section 15. As soon as possible after the passage and approval of this act, the said county board of education shall proceed to select and purchase an appropriate site for the said county high-school building in the city of Ely, county of White Pine, State of Nevada, and, with all expedient dispatch, proceed to the execution of its duties and powers as prescribed in this act. Section 16. All acts or parts of acts in conflict herewith be, and the same are, hereby repealed. |
County board of education to use money for erecting school
Further duties of county board of education
Must act promptly |
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κ1913 Statutes of Nevada, Page 234κ
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Glove contests
Limit of ten rounds
License, $100
Auditor to prepare licenses
Penalties for noncompliance
In effect |
Chap. 147An Act to amend sections one, two, three, and nine of an act entitled An act to restrict and license glove contests between man and man, and to repeal all other acts in conflict therewith, approved January 29, 1897.
[Approved March 22, 1913]
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 male person over the age of twenty-one years may procure a license for an exhibition in a public place for any contest or exhibition with gloves between man and man, and the weight of the gloves used in said contest or exhibition shall not be less than four ounces; provided, such contest or exhibition may be for a wager or reward; and further provided, such contest or exhibition shall not continue beyond a period of ten rounds. Sec. 2. Section two of the above-entitled act is hereby amended so as to read as follows: Section 2. The sheriff of any county in which the exhibition or contest named in section 1 of this act is to be held, shall issue a license for such exhibition or contest upon the payment to him of the sum of one hundred dollars ($100). Sec. 3. Section three of the above-entitled act is hereby amended so as to read as follows: Section 3. Blank licenses shall be prepared by the county auditor of the county in which the exhibition or contest named in section 1 of this act is to be held, which license shall be issued and accounted for as is by law provided for in respect to other county licenses. Each license delivered by the sheriff under the provisions of this act shall contain the name of the licensee and the name of the contestants. Sec. 4. Section nine of the above-entitled act is hereby amended so as to read as follows: Section 9. Any person or persons who shall participate in, conduct, or manage any glove contest or exhibition contrary to the provisions of this act, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. Sec. 5. This act shall be in force and effect from and after its passage and approval. |
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κ1913 Statutes of Nevada, Page 235κ
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Chap. 148An Act to pay Sophia E. Baumann the sum of one hundred and fifty dollars for taking stenographically and transcribing the proceedings and report of the general investigating committee of the senate and assembly of the twenty-sixth session of the Nevada legislature.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of the legislative fund the sum of one hundred and fifty dollars to compensate Sophia E. Baumann for her services in taking stenographically and transcribing the proceedings and report of the general investigating committee of the senate and assembly of the twenty-sixth session of the legislature. Sec. 2. The state controller is hereby directed to draw his warrant for the amount and in favor of the person specified in section 1 of this act, and the state treasurer is hereby directed to pay the same. |
$150 to Sophia E. Baumann for reporting evidence
Duties of controller and treasurer |
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Chap. 149An Act to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 21, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two hundred and fifty-three of the above-entitled act is hereby amended to read as follows: Section 253. It shall be unlawful for any person to deal, play or carry on, open or conduct in any capacity whatever, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, tan, fantan, seven-and-a half, twenty-one, hokey-pokey, craps, klondyke, or any banking or percentage game played with cards, dice, or any device, for money, property, checks, credit, or any representative of value; or any gambling game in which any person keeping, conducting, managing or permitting the same to be carried on receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, carrying on or permitting the said game to be carried on; or to play, maintain or keep, any slot machine played for money or for checks or tokens redeemable in money, or to buy, sell, or deal in pools, or make books on horse races; and any person who violates any of the above provisions, shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the state prison for a period of not less than one year nor more than five years. Every person who shall play at any game whatsoever, other than those hereinabove mentioned, for money, |
Amending antigambling act
Prohibited games specified |
κ1913 Statutes of Nevada, Page 236 (CHAPTER 149)κ
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Proviso |
money, property or gain, with cards, dice or any other device which may be adapted to or used in playing any game of chance, or in which chance is a material element, or who shall bet or wager on the hands or cards or sides of such as do play as aforesaid, shall be deemed guilty of a misdemeanor; provided, however, that nothing in this paragraph shall be construed as prohibiting social games played only for drinks and cigars served individually, or for prizes of a value not to exceed two dollars, nor nickel-in-the-slot machines for the sale of cigars and drinks and no play-back allowed. |
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Concerning service of stallions
Lien on mare and foal, when
Misdemeanor, when |
Chap. 150An Act to provide for lien on mare and offspring for service of stallion, and to make it a misdemeanor to sell such mare or offspring without the written consent of the party holding the lien.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The owner or keeper of any stallion may advertise the terms upon which he will let such stallion to service, by publication thereof in some newspaper of the county where such stallion is kept, for sixty days during the season of each year, or by printed handbills conspicuously posted during such period in four or more public places in said county, including the place where such stallion is kept; and the publication or posting, as aforesaid, of the terms of such service shall impart notice thereof to the owner of any mare served by such stallion during the season; and in all actions and controversies in respect to the foal, the owner of such mare so served shall be deemed to have accepted and assented to said terms when so advertised and published or posted as provided herein. Sec. 2. When the said terms of such service by any stallion, published or posted as provided in section 1 of this act, shall provide that the mare and foal will be held for the money due for the service of such stallion, then in that event the owner or keeper of such stallion shall have a lien for such sum on the mare from the time of service and on the offspring of the mare served, for the period of one year after the birth of such foal, which said lien shall be preferred to any prior lien, encumbrance or mortgage whatever; and the publication or posting, as aforesaid, of the terms of such service shall be deemed notice to any third party of the existence of such lien. Sec. 3. Any person who shall sell, convey or dispose of any animal upon which there exists a lien, as created in section 2 of this act, without the written consent of the party holding such lien, and without informing the person to whom the same is sold or conveyed that said lien exists, or who shall injure or destroy such animal, or aid or abet the same, for the purpose of defrauding the lienor, or who shall remove or conceal, or aid or abet in removing or concealing such animal, with intent to hinder, delay or defraud such lienor, shall be deemed guilty of a misdemeanor. |
κ1913 Statutes of Nevada, Page 237 (CHAPTER 150)κ
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or destroy such animal, or aid or abet the same, for the purpose of defrauding the lienor, or who shall remove or conceal, or aid or abet in removing or concealing such animal, with intent to hinder, delay or defraud such lienor, shall be deemed guilty of a misdemeanor. Sec. 4. This act shall take effect and be in force from and after its passage and approval. |
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Chap. 151An Act to provide for the installation of fire apparatus for the protection of the state capitol and state library buildings and providing an appropriation therefor.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand ($1,000) dollars, or so much thereof as is necessary, is hereby appropriated, out of any money of the general fund in the Nevada state treasury not otherwise appropriated, for the purpose of installing fire apparatus for the state capitol building and state library building for the better protection of such buildings from fire. Sec. 2. The board of capitol commissioners are hereby directed to prepare plans and specifications and to prepare for the immediate installation of such fire protection, and all claims for labor and material furnished shall be approved by such board of capitol commissioners and audited and paid as other claims against the state. Sec. 3. This act shall take effect immediately upon its passage and approval. |
Fire protection of state capitol
Capitol commissioners to purchase apparatus |
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Chap. 152An Act making an appropriation for the state agricultural experiment dry farm, located at Pleasant Valley, Elko County, Nevada, for the years 1913 and 1914.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated the sum of eight thousand ($8,000) dollars for the purpose of maintaining the state agricultural experimental dry farm located in Pleasant Valley, Elko County, Nevada, for the years 1913 and 1914, and the state controller is hereby directed to draw his warrant upon the state treasury in favor of 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. |
Appropriation, $8,000 for support of Elko County dry farm |
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κ1913 Statutes of Nevada, Page 238κ
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Support Lincoln County experiment farm, $6,000
Duties of controller and treasurer |
Chap. 153An Act to provide for the maintenance and operating of the state agricultural experiment farm, situated at Logan, Clark County, Nevada, for the years 1913 and 1914.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of maintaining and operating the state agricultural experiment farm, located at Logan, Clark County, Nevada, for the years 1913 and 1914, the sum of six thousand dollars is hereby appropriated out of any money in the general fund not otherwise appropriated. Sec. 2. The state controller is hereby directed to draw his warrants 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. |
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Maintenance governors mansion for 1913 and 1914
Appropriation, $6,000 |
Chap. 154An Act for the support and maintenance of the governors mansion, and making an appropriation therefor.
[Approved March 22, 1913]
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 allowed the sum of two hundred and fifty dollars per month for the support and maintenance of the governors mansion, payable on the requisition of the governor for such amount, and the state controller is hereby directed to draw warrants, and the state treasurer to pay the same out of any moneys in the state treasury appropriated for such purpose. Sec. 2. There is hereby appropriated out of the general fund in the state treasury the sum of six thousand dollars for the support and maintenance of the governors mansion for the years 1913 and 1914. |
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Chap. 155An Act to amend an act entitled An act to provide for the better preservation of public roads and highways, approved March 5, 1885, by adding a new section thereto to be known as section 1a.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act is hereby amended by adding thereto a new section to be known as section 1a, which shall provide as follows: |
κ1913 Statutes of Nevada, Page 239 (CHAPTER 155)κ
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Section 1a. Any person, party or corporation driving sheep, goats, swine, horses or cattle along or across any public road or highway, or along or across any street or alley in any unincorporated town in this state for any purpose whatever, who by so doing damages or impairs said public road or highway or street or alley, as the case may be, shall be and he is hereby required, at his own expense, to make any and all repairs necessary to put said road, highway, street or alley in as good condition as it was before said damage was done. |
Owner to repair public road injured by driving stock |
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Chap. 156An Act to create the office of road supervisor in the county of Eureka.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Eureka County is hereby authorized and empowered and directed to appoint some suitable person, an elector of said county, as road supervisor in such county, who shall hold office until the next general election, when there shall be elected in such county a road supervisor for the county of Eureka, and at every general election thereafter such road supervisor shall be elected in the same manner and at the same time as other county officers are elected, and his term of office shall be for two years. Sec. 2. It shall be the duty of said road supervisor to examine and inspect all county roads and public highways in the county of Eureka, outside of any incorporated town or city, to report the condition thereof to the board of county commissioners, to supervise the repairs made on any such road or highway or the opening or building of any new roads, to keep the same free of obstruction and to perform such other duties in relation thereto as said board of county commissioners shall prescribe. The county commissioners of said Eureka County shall have power to order or stop work on any such road or highway as they may deem necessary. Sec. 3. The board of county commissioners of Eureka County shall pay to said road supervisor a sum of three dollars and fifty cents per day for each and every day said road supervisor is employed by the board of county commissioners of Eureka County in inspecting roads and highways, and also three dollars and fifty cents per day for each day said road supervisor shall himself actually work on said roads and highways. Sec. 4. All men employed by the said road supervisor to work and working on said roads or highways shall each receive therefor the pay and compensation now provided by law for such work. |
Road supervisor for Eureka County
Duties of road supervisor
Salary
Legal wages for labor |
κ1913 Statutes of Nevada, Page 240 (CHAPTER 156)κ
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Not to affect other act |
Sec. 5. Nothing herein contained shall be deemed or construed so as to impair or change anything contained in An act to amend sections three and five of an act entitled An act in relation to erection and maintenance of bridges, approved February 21, 1877, approved March 24, 1911. |
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Bonds for county high school at Elko
Commissioners to prepare bonds
Record to be kept
Negotiation of bonds |
Chap. 157An Act to authorize the board of county commissioners of the county of Elko, State of Nevada, to issue bonds to provide for the construction, equipment and furnishing of a high-school building, in the town of Wells, Nevada, and authorizing the county board of education of said county to construct, equip and furnish said building.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Elko County is hereby authorized, empowered and directed to prepare and issue bonds in said county, such bonds to be issued on or before the first day of February, 1914, for an amount not to exceed the sum of twenty thousand ($20,000) dollars, exclusive of interest, for the purpose of providing funds for the construction of a county high-school building in the town of Wells in said county (upon a site to be chosen by the county board of education) and for equipping and furnishing said board. Sec. 2. The board of county commissioners of said Elko county shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated by 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 said 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 Elko County is hereby authorized to negotiate the sale of said bonds or such number thereof as they may deem necessary, by advertising for sealed proposals or by private sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin. |
κ1913 Statutes of Nevada, Page 241 (CHAPTER 157)κ
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Sec. 5. Said bonds shall be each for the sum of five hundred dollars. They shall be numbered consecutively from one to forty, and the interest on the same shall not exceed six per cent per annum payable annually on the first Monday in July of each year at the office of the county treasurer of said Elko County, and in no case shall said bonds run for a longer period than twenty years. Sec. 6. All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as The Elko County High School Building Fund, and to pay out said moneys only in the manner now provided by law for the payment of the County High School Fund and for the purposes for which the same were received. Sec. 7. The county board of education of Elko County is hereby authorized and directed to use said moneys arising from the sale of said bonds, or such number thereof as they may deem necessary for the construction, equipment and furnishing of a county high-school building in the town of Wells, Nevada, and any balance remaining in said fund, after the completion, equipment and furnishing of said building, shall be turned over and converted into the proper fund provided for running and maintaining said high school, in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance and management of high schools in the various counties of this state. Sec. 8. Said county board of education shall determine as to the character of said building, the materials to be used therefor and the plans therefor, and when such determination is made said board shall advertise for bids for the construction of said county high-school building and let the construction thereof by contract to the lowest and most responsible bidder. The laws in force governing contracts by boards of county commissioners are hereby made applicable to, and the same shall govern the action of the county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education shall be paid in the manner now provided by law for paying claims against the County high School Fund; provided, that no such bills shall be allowed until the plans for said high-school building shall have been approved by the state superintendent of public instruction. Sec. 9. As soon as possible after the passage and approval of this act, or after this act shall become a law, the county board of education of Elko County shall proceed to select an appropriate site for said county high-school building in the town of Wells, in said county, and the county board of education of said county and the county commissioners of said county shall thereafter with all expedient dispatch proceed to the execution of the purposes of this act. |
Denomination
Interest limited to 6 per cent
Elko County High School Building Fund
County board of education to construct school
Bids to be advertised for
Site for said school |
κ1913 Statutes of Nevada, Page 242 (CHAPTER 157)κ
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County treasurer liable
Special tax for bonds
Interest payable semi-annually
Tax ceases, when
Treasurer to cancel bonds
Interest ceases, when
Faith of state pledged |
Sec. 10. The county treasurer of said Elko County shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto. Sec. 11. For the purposes of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of county commissioners of said Elko County is hereby authorized and required to levy and collect annually a special tax on the assessment value of all property both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said Elko County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, four of said bonds annually, beginning with the first Monday in July, 1914, until all of said bonds have been redeemed and retired. 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 Elko County High School Fund. Sec. 12. It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July, 1914, and thereafter on the first day of July in each and every year, until all of said bonds shall have been redeemed and retired. Sec. 13. 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 of said county, be transferred to the fund used for paying the contingent expenses of said Wells county high school. Sec. 14. Whenever the county treasurer shall redeem 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 for the amount so paid. Sec. 15. Should the holder of said bonds or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment, when they become due, all interest on such bonds shall thereafter immediately cease. Sec. 16. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified. |
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κ1913 Statutes of Nevada, Page 243κ
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Chap. 158An Act to amend sections four and five of an act entitled An act to license and regulate insurance business in this state, approved February 23, 1881.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of the above-entitled act is hereby amended so as to read as follows: Section 4. No association, firm, or individual, whose principal office shall be in this state, shall be permitted to transact business as insurer on terms more favorable than are defined in section 2 of this act; provided, that any company formed under the laws of this state for the transaction of insurance business which has unimpaired at least one hundred thousand dollars in cash on hand, or in solvent banks, or invested in bonds, mortgages or securities specified in section 2 of this act, derived from the sale of stock, or from surplus, or both, shall be permitted to do such insurance business as may be provided for in its charter or certificate granted in compliance with the laws of this state; and provided, that during the first twelve months after the time when an insurance company formed under the laws of this state first applies to the state controller for a certificate authorizing or permitting it to do an insurance business, collectible notes, after having been passed upon by the bank examiners and state controller, from solvent subscribers to its capital stock, payable to the company within that period, shall under sections 2 and 5 of this act be deemed to be paid-up, unimpaired cash capital to the extent of one-quarter of the paid-up, unimpaired capital or amount required by the provisions of this act to enable an insurance company formed under the laws of this state to do business. Sec. 2. Section five of the above-entitled act is hereby amended so as to read as follows: Section 5. The controller of state is hereby authorized and required, upon the receipt of a written request, signed by three citizens of this state, or whenever, from any cause, he shall deem it necessary, to make a thorough examination of the books, accounts, securities and all property belonging to any company incorporated under the laws of this state, and if he does not find capital, or capital and surplus, paid up to the amount of one hundred thousand dollars, or if he shall find the capital, or capital and surplus, impaired below that amount, he shall give notice to such company to immediately repair its capital, and shall refuse or revoke his certificate of authority to such company to do business in this state; and if any company shall refuse to permit such examination, the controller shall refuse or revoke his certificate of authority to such company. If after such notice, refusal or revocation of his certificate by the controller, such company shall continue to make contracts and issue policies, |
Insurance companies must have approved capital of at least $100,000
Further provisions
Controller to examine accounts of company, when |
κ1913 Statutes of Nevada, Page 244 (CHAPTER 158)κ
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Penalties for companies refusing examination |
to make contracts and issue policies, the officers, or any officer, agent, or other person so violating the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in the sum of five hundred dollars for each offense committed after the receipt of such notice, and in default of payment of such fine shall be imprisoned in the county jail of the county in which the offense was committed for a period not exceeding six months, or until such fine shall be paid. |
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Salaries of state officers fixed, to take effect in 1915
Full payment for all services |
Chap. 159An Act regulating the salaries of certain state officers of the State of Nevada.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first Monday in January, A. D. 1915, the following annual salaries shall be paid to the various state officers of this state, at the time and in the manner prescribed by law: To the governor, seven thousand ($7,000) dollars; to the secretary of state, thirty-six hundred ($3,600) dollars; to the state controller, thirty-six hundred ($3,600) dollars; to the state treasurer, thirty-six hundred ($3,600) dollars; to the lieutenant-governor, thirty-six hundred ($3,600) dollars; to the attorney-general, thirty-six hundred ($3,600) dollars; to the surveyor-general, thirty-six hundred ($3,600) dollars; to the superintendent of public instruction, thirty-six hundred ($3,600) dollars; to the clerk of the supreme court, three thousand ($3,000) dollars; to the superintendent of state printing, thirty-six hundred ($3,600) dollars; to the inspector of mines, thirty-six hundred ($3,600) dollars. Sec. 2. The foregoing sums shall be in full payment of all duties now or hereafter required of such officers not only for the ordinary duties of such officers but for all other duties required of such officers in any manner whatever. Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. |
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Deficiencies in prison funds |
Chap. 160An Act for the relief of D. P. Randall, Lloyd B. Thomas, and the Pacific Telephone and Telegraph Company.
[Approved March 22, 1913]
Whereas, The general fund of the Nevada state prison is indebted to Lloyd B. Thomas in the sum of ten dollars and to D. P. Randall in the sum of twenty-five dollars and five cents; and Whereas, The road fund of the Nevada state prison is indebted to the Pacific telephone and telegraph company in the sum of twenty dollars and twenty-five cents, claims for which amount have been presented by the persons respectively above named, and have been allowed by the state board of examiners and would have been paid in due course, except that the above-named prison funds were exhausted; now, therefore, |
κ1913 Statutes of Nevada, Page 245 (CHAPTER 160)κ
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the sum of twenty dollars and twenty-five cents, claims for which amount have been presented by the persons respectively above named, and have been allowed by the state board of examiners and would have been paid in due course, except that the above-named prison funds were exhausted; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifty-five dollars and thirty cents ($55.30) is hereby appropriated, out of any funds in the state treasury not otherwise appropriated, for the payment of the above-mentioned claims, and the state controller is hereby directed to draw and deliver his warrant for the sum of ten dollars ($10) in payment of the claim of the said Lloyd B. Thomas, and his warrant for the sum of twenty-five dollars and five cents ($25.05) in payment of the said claim of D. P. Randall, and his warrant for the sum of twenty dollars and twenty-five cents ($20.25) in payment of the said telephone and telegraph company, and the state treasurer is directed to pay the same. |
Appropriations to pay deficiencies |
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Chap. 161An act appropriating the sum of four hundred and fifty dollars to meet Nevadas pro rata of the cost of the governors conferences for the years 1912, 1913 and 1914.
[Approved March 22, 1913]
Whereas, The annual governors conferences have become an institution of great value and benefit to the nation and to the several states, by reason of the interchange of views, discussions and comparison of the effect of laws, leading to the progress of, and harmony of action between, the states; and Whereas, There is no national appropriation to cover the expenses of such sessions and the publication of the proceedings, and it has been agreed that each state appropriate the sum of one hundred and fifty dollars annually for such conferences, including for the year 1912; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the sum of four hundred and fifty dollars is hereby appropriated out of the general fund in the state treasury in support of the governors conferences for the years 1912, 1913 and 1914, one hundred and fifty dollars for each such conference, and which shall be payable on the certification of the secretary of each such governors conference, approved by the state board of examiners, when the state controller shall draw his warrant, and the state treasurer pay the same. |
Nevadas pro rata of expense of governors conferences
Appropriation, $450 |
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κ1913 Statutes of Nevada, Page 246κ
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Regarding records of Lincoln County which now relate to Clark County
No fees, when |
Chap. 162An Act to amend section two of an act entitled An act amending an act entitled An act creating and organizing the county of Clark out of a portion of Lincoln County, and providing for its government, and to regulate the affairs of Lincoln County and Clark County, approved February 5, 1909.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said above-entitled act is hereby amended to read as follows: Section 2. Section fourteen of said act is hereby amended to read as follows: Section 14. The county officers of Lincoln County, now or hereafter having the custody of any of the files and records of Lincoln County, which in any manner relate to the territory set off as Clark County, shall at the request of the board of county commissioners of Clark County, or any person, prepare and deliver in such form as asked, transcripts and excerpts from said files and records, properly certified as requested, the fees therefor to be as provided by the general fee law applicable to said county of Lincoln. And any officer of Lincoln County shall, without compensation, at the request of the board of county commissioners of Clark County, deliver to the authorized agent of Clark County, taking his receipt therefor, any and all books, papers, lists, plats and exhibits which relate wholly to persons or property, districts, townships, towns and cities wholly within the limits of Clark County. The county assessor of Lincoln County shall, without compensation, deliver to the county assessor of Clark County, taking his receipt therefor, all statements for 1908, signed and unsigned, made for or by taxpayers, relating wholly to property in that portion of Lincoln County by this act established as Clark County. The county officers of Clark County shall receive no fee or compensation for filing any paper, book, list, plat, statement or exhibit taken from the files and records of Lincoln County, and for recording any such as may be required to be recorded but forty per cent of regular fees for recording originals shall be charged and collected. The county assessor of Clark County shall assess the property of said county for taxation for the year 1909, in the manner now provided by law; and in consideration of the shortened time, the board of county commissioners of said county shall allow said county assessor such assistants as are necessary, and shall pay for the same from the general fund of said county. |
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κ1913 Statutes of Nevada, Page 247κ
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Chap. 163An Act to regulate the fees of the county clerk of Esmeralda County, State of Nevada.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county clerk of Esmeralda County, State of Nevada, shall be allowed to charge, and to collect, the following fees: On the commencement of any action or proceeding in the district court, except probate proceedings, to be paid by the party commencing such action or proceeding, five dollars; said fee to be in addition to the court fee of three dollars now provided for by law. On the filing of a petition for letters testamentary, or of administration, or guardianship, five dollars, to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of fifty cents for each additional one thousand dollars of the appraised value in excess of two thousand dollars; said fee to be paid in addition to the court fee now provided for by law. On filing a petition to contest any will or codicil, three dollars, to be paid by the petitioner. On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, two dollars and fifty cents. For every additional defendant, appearing separately, two dollars and fifty cents. The foregoing fees shall be in full for all services rendered by such clerk in the case, to and including the making up of the judgment roll. On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk, in full for all services to be rendered in connection with said motion, two dollars and fifty cents. For issuing an execution or order of sale, in any action, seventy-five cents. For filing a notice of appeal, and appeal bonds, each, fifty cents. For filing a transcript on appeal from the justices court, two dollars and fifty cents. The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for: For a copy of any record, proceeding or paper on file in the office of the clerk, relating to any civil action theretofore tried or pending in said court, when such copy is made by him, per folio, ten cents. |
Regulating fees of county clerk of Esmeralda |
κ1913 Statutes of Nevada, Page 248 (CHAPTER 163)κ
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No fees in criminal cases
Marriage licenses |
For each certificate of the clerk, under the seal of the court, fifty cents. No fee shall be allowed to, or charged by, the clerk for any services rendered in any criminal case. For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees: For issuing marriage license, one-half to be paid to the county recorder, two dollars; For filing, indexing, and recording articles of incorporation, three dollars and fifty cents; For filing, indexing, and registering certificates of copartnership, one dollar; For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each, twenty-five cents; For examining and certifying to a copy of any paper, record or proceeding, prepared by another, and presented for his certificate, seventy-five cents, and two cents per folio for comparing said copy with the original; For making satisfaction of or credit on judgment, twenty-five cents; For filing and receiving remittitur from supreme court, fifty cents; For administering each oath, without certificate except in a pending action or proceeding, fifteen cents; For taking any affidavit, except in pending suits or in criminal cases, twenty-five cents; For searching records or files in his office, for each year (but not to charge suitors or attorneys), thirty cents; For taking acknowledgments of deeds or other instruments, including certificate and seal, for the first name, seventy-five cents, and for each subsequent name, twenty-five cents; For making out naturalization papers, including all necessary oaths, affirmations and certificates, for the first papers, two dollars and fifty cents; for making out naturalization papers, including all necessary oaths, affirmations and certificates, for the final papers, five dollars. Sec. 2. All act and parts of acts in conflict with this act, are hereby repealed. |
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Chap. 164An Act to fix the fees in civil cases in the justices court of Goldfield Township, Esmeralda County, Nevada.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The justice of the peace of Goldfield Township, Esmeralda County, Nevada, |
κ1913 Statutes of Nevada, Page 249 (CHAPTER 164)κ
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Esmeralda County, Nevada, shall be allowed to charge, and to collect, in a civil action before him, for all services to be performed by him before trial; and in all cases, where judgment is rendered by default or confession, for all services, including execution and satisfaction of judgment, three dollars; and for the trial and all proceedings subsequent thereto, including all affidavits, approving bonds, swearing witnesses and jury, and the entry of judgment, issue of execution and satisfaction of judgment, two dollars. Sec. 2. This act shall take effect from and after its passage and approval. |
Civil fees in Goldfield justice court |
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Chap. 165An Act to authorize the board of county commissioners of the county of Clark, State of Nevada, to issue bonds to provide for the construction of a county road between the towns of Mesquite and Saint Thomas; granting discretionary powers to said board of county commissioners; and other matters in relation thereto.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Clark County is hereby authorized and empowered to prepare and issue bonds in said county on or before the thirty-first day of December, 1913, for an amount not to exceed the sum of fifteen thousand dollars ($15,000), exclusive of interest, for the purpose of providing funds for the construction of a county road in whole or in part between the towns of Mesquite and Saint Thomas in said county. Sec. 2. Such authority and power as is conferred upon the board of county commissioners of Clark County by any or all of the provisions of this act may be exercised by said board of county commissioners in its discretion and is in no wise mandatory. The use of any apparent mandatory language in this act shall be construed only with due cognizance of the provisions of this section. Sec. 3. The board of county commissioners of said Clark County shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated by 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 said coupons shall be consecutively numbered, and signed by the chairman of said board and the county treasurer. Sec. 4. 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. |
Bonds for a county road in Clark County
This act not mandatory
Commissioners to prepare bonds
Record kept |
κ1913 Statutes of Nevada, Page 250 (CHAPTER 165)κ
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Negotiation of bonds
Denomination
Interest limited to 6 per cent
St. Thomas Road Fund
Residue to revert to county road fund
Commissioners to determine character of road
Treasurer liable for bond moneys
Special tax |
Sec. 5. The board of county commissioners of Clark County is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, by advertising for sealed proposals or by private sales, as they may deem for the best interests of the county and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and further 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. 6. Said bonds shall be each for the sum of five hundred dollars ($500). They shall be numbered consecutively from one to thirty and the interest on the same shall not exceed six per cent per annum, payable annually on the first Monday of the month of their issuance of each year at the office of the county treasurer of said Clark County, and in no case shall said bonds run for a longer period than ten years. Sec. 7. All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as The St. Thomas Road Fund until same is properly disbursed in furtherance of the provisions of this act. Sec. 8. The board of county commissioners of Clark County is hereby authorized to use said moneys arising from the sale of said bonds or such number thereof as they may deem necessary, for the construction of the county road provided for by this act, and any balance remaining in said fund after the completion of said road shall be turned over and converted into the proper fund provided for maintaining the county roads within Clark County. Sec. 9. Said board of county commissioners shall determine as to the character of said county road, the materials to be used therefor and the plans therefor, and when such determination is made said board shall advertise for bids for the construction of said county road and let the construction thereof by contract to the lowest and most responsible bidder. All demands and bills contracted under the provisions of this act shall be paid in the manner now provided by law for paying claims for regular county road work. Sec. 10. The county treasurer of said Clark County shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands under the provisions of this act and for the faithful discharge of all his duties in relation thereto. Sec. 11. 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 said Clark County is hereby authorized and required to levy and collect annually a special tax on the assessment value of all property both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said Clark County until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, three of said bonds annually, beginning with the first Monday in the month of their issuance, until all of said bonds have been redeemed and retired. |
κ1913 Statutes of Nevada, Page 251 (CHAPTER 165)κ
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such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, three of said bonds annually, beginning with the first Monday in the month of their issuance, until all of said bonds have been redeemed and retired. 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 known as The St. Thomas Road Fund as provided in section 7 of this act. Sec. 12. It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of the month of their issuance and thereafter on the first day of such month in each and every year until all of said bonds shall have been redeemed and retired. Sec. 13. 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 of said county, be transferred to the fund used and provided for maintaining the county roads in said Clark County. Sec. 14. Whenever the county treasurer shall redeem 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 for the amount so paid. Sec. 15. Should the holder of said bonds or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. Sec. 16. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted until all the bonds and coupons issued under and by virtue hereof shall have been paid in full, as in this act specified. |
Interest payable annually
Tax ceases, when
Bonds canceled, how
Interest ceases, when
Faith of state pledged |
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Chap. 166An Act requiring the owners of public cemeteries to keep a plat of the same and to keep the same in an orderly condition, and other matters connected therewith.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person, association, corporation or fraternal or other society, owning any public cemetery, shall keep a plat of the same showing the avenues and paths therein, together with the lots for burial purposes. |
Plat of public cemetery must be kept |
κ1913 Statutes of Nevada, Page 252 (CHAPTER 166)κ
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What plat shall show
Cemetery must be neatly kept
Penalties
Applies to certain counties only |
keep a plat of the same showing the avenues and paths therein, together with the lots for burial purposes. Sec. 2. Said plat shall show the location of all bodies interred in said cemetery, together with the name of the owner of such lot and the name of each person interred. Sec. 3. It shall be the duty of every owner of a cemetery to keep the same in an orderly condition, and authority is hereby conferred on the boards of county commissioners of each county in the state to make such rules as will carry out the intent of this section. Sec. 4. Any person who shall violate any of the provisions of this act, or who, after being notified by the board of county commissioners, shall fail or refuse to place the cemetery under his charge or ownership in an orderly condition, shall be guilty of a misdemeanor and punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail for not less than twenty-five nor more than one hundred days. Sec. 5. This act shall apply only to any county in this state wherein from 680 to 690 votes were cast for representative in Congress at the last general election. |
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State investment board created
Legal adviser
Controller to notify board of funds for investment |
Chap. 167An Act to create a state board of investment of the state permanent school fund, and to determine its powers and duties in reference thereto, and other matters properly connected therewith, and to repeal all acts in conflict therewith.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created a state investment board, which shall have charge of all investments of moneys and sales of securities of the state permanent school fund. Said board shall consist of the governor, the superintendent of public instruction, the president of the university of Nevada, the state treasurer and the attorney-general. The attorney-general shall be the legal adviser of the state investment board. Sec. 2. It is hereby made the duty of the state controller, quarterly, to notify the state investment board of the amount of money in the state permanent school fund; and whenever there shall be a sufficient amount of money for investment, said board shall direct the state treasurer to negotiate for the investment of the same in United States securities, in the bonds of this state, or of other states, or in bonds of any county in the State of Nevada, at the lowest purchasable rates, and report to the board; said board of investment shall thereupon make due and diligent inquiry as to the financial standing and responsibility of the state or states, |
κ1913 Statutes of Nevada, Page 253 (CHAPTER 167)κ
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thereupon make due and diligent inquiry as to the financial standing and responsibility of the state or states, county or counties whose bonds or securities it proposes to purchase and for which the state treasurer shall have negotiated, and shall also require of the attorney-general his legal opinion in writing as to the validity of any act or acts of any state or county under which such bonds or securities are issued and in which the said state board of investment is about to make an investment; and if the said state board of investment shall be satisfied as to the financial standing and responsibility of the state or states, county or counties whose bonds or securities it proposes to purchase, and the attorney-general shall have given his opinion in writing that the act or acts under which said bonds or securities are issued are valid, the board may approve of such investment and by a majority vote of the board shall order the state controller to draw his warrant in favor of the state treasurer for the amount to be invested; the state controller shall thereupon draw his warrant as directed, and the state treasurer shall complete the purchase of the securities authorized by the board. Sec. 3. The state board of investment shall keep a permanent record of all of its meetings, with which there shall be filed all opinions of the attorney-general as required in section 2 of this act, and the record of the yea and nay vote of members of the board. Sec. 4. The state investment board is authorized in its discretion to convert any of the bonds or securities in which any part of the state permanent school fund is now or at any time hereafter may be invested, into cash, by selling the same in the open market to the highest bidder or bidders; the proceeds thereof to be placed by the state treasurer in the state permanent school fund, and the board shall reinvest the same in the manner provided in section 2 of this act. Sec. 5. No part of the state permanent school fund shall be invested in the bonds of any county whose entire bonded indebtedness for all purposes shall exceed ten (10) per cent of its assessed valuation; and the amount of bonds of any county purchased or invested in by the state investment board shall in the aggregate not exceed three (3) per cent of the assessed valuation; and the rate of interest of such county bonds shall not be less than five (5) per cent. Sec. 6. Section 148 of an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911, and all acts and parts of acts in conflict with this act are hereby repealed. |
Board to judicially invest state school funds
Record to be kept
Board to convert into cash, when
Restrictions as to investment
Certain acts repealed |
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κ1913 Statutes of Nevada, Page 254κ
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Repairs to governors mansion, $2,000
Done by day labor or contract
Claims paid
In effect |
Chap. 168An Act to provide for an appropriation for the purpose of making improvements and repairs to the governors mansion in the city of Carson, Ormsby County, Nevada.
[Approved March 22, 1913]
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 is hereby appropriated out of any money of the general fund in the Nevada state treasury, not otherwise appropriated, for the purpose of making improvements, alterations and repairs to, in and upon the governors mansion in Carson City, Ormsby County, Nevada. Sec. 2. The governor is hereby authorized and empowered to initiate and cause to be made such improvements, alterations and repairs as by him are deemed necessary, and he may have the work performed by days labor or contract, as in his judgment is most efficient to the state. Sec. 3. All claims or demands for such improvements, alterations and repairs shall be certified to by the governor and upon such certification audited and paid as other claims against the state. Sec. 4. This act shall take effect immediately upon its passage and approval. |
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$150 for vacuum cleaner
Duties of controller and treasurer |
Chap. 169An Act appropriating money for the purchase of a vacuum cleaner to be used in the state capitol.
[Approved March 22, 1913]
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 any money in the state treasury, not otherwise appropriated, to be used for the purchase of a vacuum cleaner for the use of the state capitol. Sec. 2. The state controller is hereby authorized and required to draw his warrant for the sum named in this act, and the state treasurer is hereby authorized and required to pay the same. |
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Chap. 170An Act providing for additional assistance to the county clerk of Washoe County.
[Approved March 22, 1913]
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 clerk of Washoe County is authorized and empowered to employ, from time to time, as emergency arises, additional clerical assistants, at a sum not to exceed twelve hundred ($1,200) dollars in any one year. |
κ1913 Statutes of Nevada, Page 255 (CHAPTER 170)κ
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to employ, from time to time, as emergency arises, additional clerical assistants, at a sum not to exceed twelve hundred ($1,200) dollars in any one year. Sec. 2. All payments hereunder shall be made only upon order of the board of county commissioners after the filing with the clerk of the board of a voucher or vouchers for the expenditure, with a written statement by the county clerk showing the necessity for the expenditure and the correctness of the amount or amounts. |
Washoe clerk may have assistants; restriction
Commissioners to certify bills for salaries |
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Chap. 171An Act to abolish the office of justice of the peace and of constable for Olinghouse Township, Washoe County, Nevada, and to attach Olinghouse Township to Wadsworth Township for judicial purposes.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The offices of justice of the peace and of constable of Olinghouse Township, Washoe County, State of Nevada, are hereby abolished and said township for such purposes, is hereby attached to Wadsworth Township in said county. Sec. 2. The justice of the peace and the constable of said township shall turn over respectively, to the justice of the peace and to the constable of Wadsworth Township of said county, all books, records and files of their respective offices upon the passage of this act, and all proceedings pending in the justices court of said Olinghouse Township shall not be affected by the provisions hereof and the same shall be prosecuted to final determination in the justices court of said Wadsworth Township, and all writs and other processes in the hands of the constable of said Olinghouse Township shall be executed by the constable of said Wadsworth Township. Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 4. This act shall take effect and be in force on and after the first day of April, 1913. |
Olinghouse justice court abolished; attached to Wadsworth
Incumbents to turn over records
Repeal In effect |
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Chap. 172An Act for the relief of Mrs. M. E. Johnson in payment for hay furnished to state prison, and making an appropriation therefor.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of thirty-nine dollars and sixty cents ($39.60) is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, |
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κ1913 Statutes of Nevada, Page 256 (CHAPTER 172)κ
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Relief of Mrs. M. E. Johnson, $39.60
Duties of controller and treasurer |
treasury not otherwise appropriated, to be paid to Mrs. M. E. Johnson in payment for hay furnished to the state prison during the month of April, 1912. Sec. 2. The state controller is hereby directed to draw his warrant in favor of Mrs. M. E. Johnson in the foregoing sum, and the state treasurer is hereby directed to pay the same. |
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Relief of D. P. Randall, $103.40
Duties of controller and treasurer |
Chap. 173An Act for the relief of D. P. Randall for expenses incurred in the transportation of insane patients from Lyon County to the Nevada Hospital for Mental Diseases.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated the sum of $103.40, to be paid to D. P. Randall for the transportation of insane patients and expenses incurred while transporting such insane patients from Lyon County to the Nevada hospital for mental diseases during the months of March, May, June and July, 1912, the said insane patients being Jarvis, Finney, Tognetti, and Rosini. Sec. 2. The state controller is hereby directed to draw a warrant in the sum of $103.40, payable to D. P. Randall, and the state treasurer is hereby directed to pay the same. |
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Regarding permits for water when point of diversion is outside of state, or lands to be irrigated are outside of state |
Chap. 174An Act relating to the issuance of permits for the appropriation of water, where the works or any part thereof to be constructed under such permits or the point of diversion or place of intended use, or any part thereof are situated without the State of Nevada.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That no permit for the appropriation of water shall be denied because of the fact that the point of diversion described in the application for such permit, or any portion of the works in such application described and to be constructed for the purpose of storing, conserving, diverting or distributing such water, or because the place of intended use, or the lands to be irrigated by such water, or any part thereof, may be situated in any other state, when such state authorizes the diversion of water from such state for use in Nevada, but in all such cases where either the point of diversion or any of such works or the place of intended use, or the lands, or part of the lands to be irrigated by means of such water, are situated within the State of Nevada, the permit shall issue as in other cases. |
κ1913 Statutes of Nevada, Page 257 (CHAPTER 174)κ
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other cases. Except that it shall not purport to authorize the doing or refraining from any act or thing, in connection with the system of appropriation, not properly within the scope of the jurisdiction of the State of Nevada, and the state engineer thereof, to grant. |
Regular permit, when, exceptions |
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Chap. 175An Act to amend an act entitled An act to form agricultural districts, to provide for the organization of agricultural associations therein, and for the management and control of the same by the state, approved March 7, 1885.
[Approved March 22, 1913]
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 to read as follows: Section 1. The counties of Ormsby, Douglas and Storey shall constitute Agricultural District No. 1; the counties of Esmeralda and Nye shall constitute Agricultural District No. 2; the county of Humboldt shall constitute Agricultural District No. 3; the county of Elko shall constitute Agricultural District No. 4; the counties of Lyon and Mineral shall constitute Agricultural District No. 5; the counties of Eureka, Lander and White Pine shall constitute Agricultural District No. 6; the county of Churchill shall constitute Agricultural District No. 7; and the counties of Lincoln and Clark shall constitute Agricultural District No. 8. |
Reorganization of agricultural districts |
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Chap. 176An Act to provide for the measurement of water used on irrigation areas, the determination of the losses from irrigating ditches and the remedies therefor, and a study of the evaporation losses and the remedies therefor, and a study of the best methods of distributing and applying water in growing crops in the State of Nevada, in cooperation with the United States department of agriculture, the Nevada agricultural experiment station, and the state engineer.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the measurement of water used on irrigated areas, the determination of the losses from irrigating ditches and the remedies therefor, and a study of the evaporation losses and the remedies therefor, and a study of the best methods of distributing and applying water in growing crops in the State of Nevada during the years 1913 and 1914, the sum of four thousand dollars is hereby appropriated out of the general fund of the state. This sum shall be credited to the investigations carried on by the officer or representative of the United States department of agriculture in charge of irrigation investigations, |
Measurement of water on irrigated lands
$4,000 to be used when U. S. uses like sum |
κ1913 Statutes of Nevada, Page 258 (CHAPTER 176)κ
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Measurements, how made
Reports may be printed
Results to be reported |
of the United States department of agriculture in charge of irrigation investigations, in association with the Nevada agricultural experiment station and the state engineer; said money, or any part thereof, to be available when the officer or representative of the United States department of agriculture in charge of irrigation investigations on behalf of the federal government shall have certified to the governor of the State of Nevada that an equal or greater sum will be allotted for investigation in the State of Nevada for the years 1913 and 1914 out of any appropriation made by the Congress of the United States for such work. Sec. 2. The measurements and investigations contemplated by this act shall be planned and supervised jointly by the Nevada agricultural experiment station, the state engineer and the officer or representative of the United States department of agriculture in charge of irrigation investigations, but its execution shall be placed in direct charge of a competent state agent, to be selected by the officer or representative of the United States department of agriculture in charge of irrigation investigations, by and with the approval of the Nevada agricultural experiment station and the state engineer, and the expenses thereof shall be allowed and paid out of the money appropriated for that purpose upon the vouchers signed by the agent in charge of such investigations and certified by the chairman and secretary of the state board of irrigation in the same manner that other claims against the state are allowed and paid. Sec. 3. After the reports of the results of any investigations made under the provisions of this act shall have been made to the United States department of agriculture, the state printing office shall publish such additional copies of these reports for distribution to the citizens of the State of Nevada as the board of irrigation may direct, but not to exceed fifteen hundred copies. Sec. 4. The results of these investigations shall be reported to the board of irrigation from time to time, as said board may direct. |
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Feed bill to be lien on live stock fed |
Chap. 177An Act to regulate the disposition of live stock in settlement of pasturage or feed bills.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever the bill or claim for pasturage or feed for live stock shall in the judgment of the person or persons furnishing such pasturage or feed equal the value of the live stock pastured or fed and the owner or owners of such live stock shall have failed or neglected to pay for such pasturage or feed the person or persons furnishing the pasturage or feed may have such live stock appraised by three competent and disinterested freeholders and if such appraisement does not exceed by ten per cent the amount of the unpaid pasturage or feed bill, |
κ1913 Statutes of Nevada, Page 259 (CHAPTER 177)κ
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or feed the person or persons furnishing the pasturage or feed may have such live stock appraised by three competent and disinterested freeholders and if such appraisement does not exceed by ten per cent the amount of the unpaid pasturage or feed bill, upon the filing of such appraisement with the county recorder of the county in which such live stock is situated, the title to such live stock shall vest in the person or persons furnishing such pasturage or feed and he or they shall have the right to sell, subject to the right of redemption hereinafter mentioned, the said live stock. Sec. 2. At any time within one year after the filing of such appraisement the original owner or owners of such live stock shall have the right to redeem such live stock from the possessor thereof by paying or tendering as payment to such possessor the amount of such appraisement together with twenty-five per cent of such appraisement additional as damages, but should such payment or tender not be made by such original owner within one year after the filing of such appraisement the title of the possessor of such live stock shall become absolute. |
Appraisers
Owner may redeem animals within one year |
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Chap. 178An Act to repeal An act to regulate the measurement of charcoal, approved February 26, 1879.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An act entitled An act to regulate the measurement of charcoal, approved February 26, 1879, is hereby repealed. |
Repeal |
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Chap. 179An Act to establish assembly districts in the county of Washoe, and providing for the election therefrom of members of the assembly of the State of Nevada.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county of Washoe is hereby divided into four assembly districts as follows: All that portion of Washoe County included in the voting precincts as established by the county commissioners of Washoe County and known as voting precincts Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall be known as Assembly District No. 1, with five assemblymen elected at large. The voting precincts of Sparks, as established by the county commissioners of Washoe County, shall be known as Assembly District No. 2, with two assemblymen elected at large. All that portion of Washoe County lying north and east of Reno and Sparks voting precincts, shall be known as Assembly District No. 3, |
Assembly districts in Washoe County
Three districts |
κ1913 Statutes of Nevada, Page 260 (CHAPTER 179)κ
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Apportionment of assemblymen to districts
County commissioners to establish polling places
Act operative; when repealed ipso facto |
trict No. 3, with one assemblyman. All that portion of Washoe County lying west and south of Reno and Sparks precincts shall be known as Assembly District No. 4, with one assemblyman. Sec. 2. At each election held hereafter at which assemblymen are to be elected, or nominated for election, from said county, there shall be elected or nominated by the qualified electors of Assembly District No. 1, five assemblymen at large; Assembly District No. 2, two assemblymen at large; Assembly District No. 3, one assemblyman at large; Assembly District No. 4, one assemblyman at large. Sec. 3. The county commissioners of Washoe County shall, prior to all elections and as provided by law, establish the polling places within said county in any such manner that each and every polling place for all elections at which any such assemblymen are to be elected, or nominated for election, shall be wholly within some one of said assembly districts, and any establishment of a polling place for any such election which lies partly in two or more of said assembly districts shall be wholly null and void. Sec. 4. This act shall become operative from and after its passage and approval and shall continue in effect as long as the number of assemblymen to be elected from Washoe County shall continue to be nine, and shall be ipso facto, and without further legislative action, abrogated and repealed by any change in the number of assemblymen to which Washoe County is entitled. |
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Fees and mileage of witnesses in criminal cases in Esmeralda, Eureka, Mineral and Elko Counties |
Chap. 180An Act to amend an act entitled An act fixing the fees and mileage of witnesses in criminal cases in the district courts of Humboldt, Esmeralda, Eureka, Mineral, and Elko Counties, State of Nevada, providing payment therefor, and repealing an act entitled An act fixing the fees and compensation of witnesses in criminal cases in and for the county of Humboldt, and providing payment therefor, approved March 20, 1907, approved March 24, 1911.
[Approved March 22, 1913]
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. All witnesses subpenaed in criminal cases to appear before the district courts of the counties of Esmeralda, Eureka, Mineral and Elko, State of Nevada, shall receive as fees two and one-half dollars per diem, from the date of their appearance at court (as per subpena) until excused. The clerk of each of said courts shall keep a payroll enrolling therein all names of witnesses, the number of days in attendance and the actual number of miles traveled by the most practical route in coming to and returning from said court, for which such witnesses shall receive ten cents for each mile so traveled. |
κ1913 Statutes of Nevada, Page 261 (CHAPTER 180)κ
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said court, for which such witnesses shall receive ten cents for each mile so traveled. The clerk of each of said courts shall forthwith give a statement of such amount to the county auditor of his respective county, who shall draw warrants upon the county treasurer for the payment of such witnesses; provided, however, that not more than two witnesses shall be subpenaed to prove the same fact, at the expense of the county, and that the judge before whom the hearing or trial is had shall certify at the conclusion of the testimony of said witnesses that the testimony of said witnesses was material and relevant to the matter tried. Sec. 2. An act entitled An act fixing the fees and compensation of witnesses in criminal cases in and for the county of Humboldt, and providing payment therefor, approved March 20, 1907, and all acts and parts of acts in conflict with this act are hereby repealed. |
No more than two witnesses
Certain acts repealed |
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Chap. 181An Act to provide for the investigation of the water resources of the State of Nevada in cooperation with the United States geological survey, and to make an appropriation for the expense of such investigations.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of making more extensive stream measurements and the determination of water resources in the State of Nevada, and otherwise investigating the water supply of the state, there is hereby appropriated, out of any funds in the state treasury not otherwise appropriated, the sum of twenty-five hundred dollars ($2,500) annually for the years 1913 and 1914 for cooperation with the water resources branch of the United States geological survey. Sec. 2. This appropriation, however, shall be contingent upon, and not available unless the United States government apportion a greater or equal amount to be expended within the State of Nevada; provided, also, that the measurements and investigations mentioned above be made in connection with the office of the state engineer so that there will not be a duplication of the work. Sec. 3. The governor is hereby authorized and directed to formulate and enter into such agreement with the director of the United States geological survey, or other proper representative of the federal government, as shall insure economy of expenditure and promptness of publication, and secure avoidance of duplication of work and other embarrassments incident to the operation of state and federal agencies in the same field. The state controller is hereby authorized and directed to draw warrants from time to time upon certificates of the state engineer approved by the state board of examiners, and the state treasurer is hereby authorized and directed to pay such warrants. |
Investigation of water resources in cooperation with U. S. geological survey
Appropriation contingent upon like sum from United States
Governor to make agreement |
κ1913 Statutes of Nevada, Page 262 (CHAPTER 181)κ
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May enter private lands
Misdemeanor, when
Reports to be printed
Results reported |
of the state engineer approved by the state board of examiners, and the state treasurer is hereby authorized and directed to pay such warrants. Sec. 4. In order to carry out the purposes of this act, any person or persons employed hereunder are authorized to enter and cross all lands within the state, provided in so doing no damage is done to private property. It shall be a misdemeanor, punishable as provided in such cases, for any person or persons to wilfully and maliciously remove or injure any equipment, permanent marks or monuments made or installed for the purpose of carrying on these investigations. Sec. 5. After the report of the results of any investigations made under the provisions of this act shall have been made to the United States geological survey, the state printing office shall publish such additional copies of the results of these investigations as the state board of examiners shall direct for distribution to the citizens of the State of Nevada. Sec. 6. The results of these investigations shall be reported to the governor, from time to time, as he may direct. |
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Weirs must be constructed
Penalty for noncompliance |
Chap. 182An Act to regulate the construction of weirs in river dams situated within two miles of any incorporated city or town governed by a board of county commissioners within this state, and other matters relating thereto.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of any person, or persons, firm, association, company, or corporation owning, leasing, or constructing any dam in any river of this state within two miles of an incorporated city or town governed by a board of county commissioners, to make or construct a weir in such dam of such size as to admit of the free passage of the water of such river during such portions of the year as said water is not being used for irrigating purposes. Sec. 2. If any person, persons, firm, association, company, or corporation mentioned in section 1 of this act shall fail, neglect, or refuse to comply with the provisions of said section 1, it shall be the duty of the district attorney of the county wherein said dam is situated or being constructed, to commence mandamus proceedings to compel such person, persons, firm, association, company, or corporation to comply with the provisions of said section 1, or the board of county commissioners of such county may order said weir to be so constructed at the expense of the county and such county shall have a right of action against the owner or lessee of said dam for all expenses incurred by said county in constructing said weir, and may recover judgment on said right of action and satisfy the same in the manner now provided by law. |
κ1913 Statutes of Nevada, Page 263 (CHAPTER 182)κ
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dam for all expenses incurred by said county in constructing said weir, and may recover judgment on said right of action and satisfy the same in the manner now provided by law. Sec. 3. The provisions of this act shall not apply to dams constructed or being constructed or hereafter to be constructed for the purpose of permanently storing the waters of such river for beneficial purposes. Sec. 4. The term water of such river, as used in this act, shall be construed to mean the normal and natural flow of water in such river unaffected by flood, storm, or other abnormal natural causes. Sec. 5. This act shall be in effect on and after its passage. |
Not to apply to permanent dams
Terms defined |
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Chap. 183An Act for the relief of Zellerbach paper company.
[Approved March 22, 1913]
Whereas, In the year 1910, Zellerbach paper company furnished to the state printer supplies to the amount of $53.95 and rendered bills therefor, which, through inadvertence, were not paid during that year; and Whereas, This claim has been allowed by the state board of examiners; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifty-three and ninety-five hundredths ($53.95) dollars is hereby appropriated out of any moneys of the general fund for the payment of Zellerbach paper company, to compensate it for the supplies furnished as aforesaid. Sec. 2. The state controller is hereby directed to draw his warrant in favor of said Zellerbach paper company for the amount specified in this act, and the state treasurer is hereby directed to pay the same. |
Relief of Zellerbach paper company
Appropriation, $53.95
Duties of controller and treasurer |
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Chap. 184An Act relating to the compensation of county officers in Washoe County, State of Nevada, and to repeal all acts in conflict herewith.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county recorder and ex officio auditor shall receive the sum of twelve hundred dollars per annum as county recorder, and the sum of twelve hundred dollars per annum as county auditor, in full compensation as recorder and auditor. And he shall be allowed one deputy auditor, who shall receive the sum of one hundred and fifty dollars per month; also one chief copyist who shall receive the sum of one hundred dollars per month; and also one copyist who shall receive the sum of seventy-five dollars per month. |
Fixing salaries of Washoe County officers
Recorder |
κ1913 Statutes of Nevada, Page 264 (CHAPTER 184)κ
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Treasurer
Deputies, when |
who shall receive the sum of one hundred and fifty dollars per month; also one chief copyist who shall receive the sum of one hundred dollars per month; and also one copyist who shall receive the sum of seventy-five dollars per month. Sec. 2. The county treasurer and ex officio tax receiver, shall receive the sum of twenty-four hundred dollars per annum in full compensation as treasurer and ex officio tax receiver, and he may appoint one chief assistant, who shall receive the sum of one hundred and fifty dollars per month; and also one assistant, who shall receive the sum of one hundred dollars per month. Sec. 3. The county recorder and county treasurer may, with the approval of the board of county commissioners, appoint additional deputies, assistants or copyists as they may deem proper; provided, the board of county commissioners shall fix the number and compensation of such deputies, assistants or copyists. Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed. |
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County and township officers must make itemized statement of traveling and other expenses
Automobile hire restricted |
Chap. 185An Act requiring all county officers to file vouchers for all expenses allowed by law, traveling or otherwise.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any county or township officer presenting a claim to the county for traveling or other expenses allowed by law, shall attach itemized vouchers and receipts for the same to their claims, and the county commissioners of the several counties in this state are hereby prohibited from allowing such claims unless accompanied by vouchers and receipts as required by this section, and in no case shall a greater sum be allowed for a private conveyance that is usually charged by public carriers or conveyances for a similar distance, and if the service is rendered by automobile, such amount shall always be determined by the board of county commissioners and shall in no case exceed the sum of fifty cents per mile one way only. Automobile service shall only be used in cases of emergency, or by and with the consent of the county commissioners. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. |
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κ1913 Statutes of Nevada, Page 265κ
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Chap. 186An Act to amend an act entitled An act to provide revenue for the support of the government of the State of Nevada and to repeal certain acts relating thereto, approved March 23, 1891.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and twenty-nine of the above-named act is hereby amended so as to read as follows: Section 129. On the first Monday in each month the sheriff shall pay over to the treasurer all moneys received by him from licenses, and take from the treasurer duplicate receipts therefor; and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him, and the county auditor shall credit him with the amount so returned; also, the receipts of money paid to the county treasurer, which receipts shall be filed with the county auditor. The county auditor shall charge the treasurer therefor, and open a new account with the sheriff for the next month; and it is hereby made the duty of each sheriff in his county to demand that all persons required to procure licenses in accordance with this act, take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence. |
Regarding county licenses |
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Chap. 187An Act in relation to the sale of articles and products of state institutions not required for their own use and consumption.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The products of any state institution, or any article, not required for its own use or consumption, may be sold by the official in charge of such institution at its reasonable market value, and the proceeds of such sale shall be deposited in the fund or appropriation for the support of such institution, and not in the general fund. Sec. 2. In the event that any state institution disposes of any of its products, or any article not required by it, to any other state institution, said state institution so selling the same shall present a claim for the selling price agreed against the institution purchasing the same, which shall be certified to by the proper officer of said purchasing institution, and on approval of the state board of examiners the state controller shall draw his warrant in favor of the fund or appropriation for the support of said selling institution; and the official in charge of said selling institution is hereby authorized to receipt for such warrant, |
State institution may sell its products to other state institutions
Selling institutions to receive credit in its funds |
κ1913 Statutes of Nevada, Page 266 (CHAPTER 187)κ
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charge of said selling institution is hereby authorized to receipt for such warrant, and on its presentation to the state treasurer shall transfer the amount of such warrant to such fund or appropriation, and not to the general fund. |
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Fees of recorder of White Pine County
Fees paid to treasury monthly |
Chap. 188An Act fixing the fees to be charged and collected by the county recorder in and for White Pine County, Nevada, and providing for the disposition thereof.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following are hereby fixed and established as the fees to be charged and collected by the county recorder in and for White Pine County, Nevada, to wit: For receiving, filing and entering documents required to be recorded, fifteen cents; for filing and entering any paper not to be recorded, thirty cents; for making all necessary indexes to each paper filed or recorded, for each name to be indexed, thirty cents; for recording any instrument, paper or document, for each folio, twenty cents; for every certificate under seal, seventy-five cents; for every entry of discharge or assignment of mortgage on the margin of the records, twenty-five cents; for abstract of title, for each document embraced thereby, seventy-five cents; for searching records and files, for each document necessarily examined, twenty-five cents, but this charge shall not be included in charge for abstract of title; for recording any survey or map other than town plat, for each corner, thirty cents; for recording town plat, for each lot or separate subdivision exhibited thereby, twenty cents; for each folio of lettering or figuring thereon, or in the certificate and description of the same, fifty cents; for recording certificates of marriage, death, divorce or birth, fifty cents; for copying of any document or record in his office, for each folio, twenty cents; for taking acknowledgment, including certificate and seal, for the first signature, seventy-five cents; for each additional signature, twenty-five cents; for recording or copying any paper in a foreign language, double the fees as when in English; no map or plat shall be recorded exceeding in size two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages, when requested by the board of equalization, for each, twenty-five cents; and also all other fees which are now or may hereafter be fixed and established by law. Sec. 2. The said recorder shall, on the first Monday of each and every month pay to the county treasurer of said White Pine County the amount of all fees charged by the said recorder during the next preceding month. |
κ1913 Statutes of Nevada, Page 267 (CHAPTER 188)κ
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Sec. 3. This act shall take effect on the first day of April, 1913. |
In effect |
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Chap. 189An Act to amend section five of chapter two of act entitled An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of chapter two of the above-entitled act is hereby amended so as to read as follows: Section 5. Officers, Appointive and Ex Officio-Enumeration of-Compensation. The county treasurer and ex officio tax receiver of the county of Clark shall be ex officio treasurer and tax receiver of the city of Las Vegas; the county assessor of the county of Clark shall be ex officio assessor of the city of Las Vegas; the city clerk of the city of Las Vegas shall be ex officio license collector of the city of Las Vegas. Each of the above-mentioned officers in this section set forth shall perform the respective duties of their offices under said city without extra compensation, except as hereinafter provided, but for the performance of the duties as city assessor relative to special assessments as in this act provided the board of commissioners, upon the request of the city assessor, shall appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments, and the board of commissioners shall fix and pay the deputy such compensation as they deem fit. The county treasurer and ex officio tax receiver of the county of Clark shall be entitled to receive for his services as ex officio treasurer and tax receiver of the city of Las Vegas a salary of not to exceed fifty ($50) dollars per month from the city of Las Vegas. The county treasurer and county assessor of the county of Clark shall be liable on their official bonds for the faithful discharge of the duties imposed on them by this act. The board of commissioners may appoint a city clerk with a salary not to exceed six hundred ($600) dollars per annum, payable in equal monthly installments; also a city attorney, with a salary not to exceed six hundred ($600) dollars per annum, payable in equal monthly installments; also a city marshal, with a salary not to exceed eighteen hundred ($1,800) dollars per annum, payable in equal monthly installments; also a judge of the municipal court at a salary not to exceed fifty ($50) dollars per month. The board of commissioners may appoint such other officers as such board may from time to tome ordain and establish, with the right to select the incumbent thereof and prescribe the duties of such office. |
Amending Las Vegas incorporation act
Certain county officers ex officio city officers
Deputy city assessor, when
Salaries |
κ1913 Statutes of Nevada, Page 268 (CHAPTER 189)κ
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may from time to tome ordain and establish, with the right to select the incumbent thereof and prescribe the duties of such office. The compensation of the appointive officers shall be fixed, allowed and paid by the board of commissioners out of such city funds as the board may designate. Any one or more of such appointive officers may, in the discretion of the board of commissioners, be combined and the duties thereof discharged by one person. |
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Salary of district attorney of Lincoln County
In effect |
Chap. 190An Act fixing the salary of the district attorney of Lincoln County, Nevada, providing for the payment of traveling expenses necessarily incurred in the performance of his official duties, and repealing all acts and parts of acts in conflict herewith.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first day of April, 1913, the district attorney of Lincoln County, Nevada, shall receive a salary of eighteen hundred ($1,800) dollars per annum, which shall be in full compensation for all official services rendered by him as such district attorney, and he shall receive also such traveling expenses as are necessarily incurred in the performance of his official duties. Sec. 2. All acts and parts of acts in conflict with any of the provisions of this act are hereby repealed. Sec. 3. This act shall become effective April 1, 1913. |
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All road work let by contract |
Chap. 191An Act to amend an act entitled An act to amend section two of an act entitled An act in relation to public highways, approved March 9, 1866, approved March 24, 1911.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of the act entitled An act in relation to public highways, approved March 9, 1866, is hereby amended so as to read as follows: Section 2. All work hereafter done upon highways, streets or alleys, whether in opening, improving, or keeping the same in repair, shall, when the probable cost of such contemplated work shall exceed five hundred dollars, be done by contract let to the lowest responsible bidder, and public notice of at least five days shall be given, describing the work to be done, the time and place that bids will be received, and the means of paying for such work. |
κ1913 Statutes of Nevada, Page 269 (CHAPTER 191)κ
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of paying for such work. Such bids shall be sealed, all may be rejected, and if any are accepted it shall be that of the lowest bidder who is responsible, or will give satisfactory security. In cases of emergency it shall be discretionary with the board of commissioners to let contracts for repairs without giving the five days notice as is contemplated in this section. But no contract shall be let for an amount to exceed five hundred dollars without written notice; provided, that nothing in this act shall prevent any county, by and through its board of county commissioners, from opening, building, improving or repairing any public road or highway in such county by the employment of day labor, under the supervision of said board and by the use of its own machinery, tools and other equipment, without letting contracts to the lowest responsible bidder, irrespective of the probable cost of said work. |
Day labor, when |
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Chap. 192An Act for the relief of D. P. Randall for expenses incurred in the transportation of prisoners from Lyon County to the state prison.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of $110.50 to be paid to D. P. Randall for the transportation of prisoners and expenses incurred while transporting such prisoners from Lyon county to the state prison at Carson City during the month of August, 1912, the prisoners being Burk, Flaig, Brady, Reynolds, Sava, and Melosovich. Sec. 2. The state controller is hereby directed to draw a warrant in the sum of $110.50 payable to D. P. Randall, and the state treasurer is hereby directed to pay the same. |
Relief of D. P. Randall, $110.50
Duties of controller and treasurer |
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Chap. 193An Act to repeal section fourteen of an act entitled An act fixing the salaries of the county officers of Lincoln County, and providing for the compensation of a deputy sheriff therein, approved February 17, 1887.
[Approved March 22, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fourteen of the above-entitled act is hereby repealed. |
Repeal |
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κ1913 Statutes of Nevada, Page 270κ
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Foreign corporations to publish annual statements
What constitutes publication |
Chap. 194An Act to amend section one 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 March 24, 1913]
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. All foreign corporations doing business in the State of Nevada shall, not later than the month of March in each year, beginning in the year 1914, publish a statement of their last years business in some newspaper published in the State of Nevada. If published in a daily newspaper, such statement shall be published for a period of one week, or if published in a semiweekly or triweekly newspaper, for a period of two weeks; or if published in a weekly newspaper for a period of four weeks. |
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Aid for county fairs
How obtained
Provisos
How money may be obtained |
Chap. 195An Act to provide aid for county agricultural associations in holding agricultural fairs.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A sum not exceeding twenty-five hundred ($2,500) dollars is hereby appropriated out of any moneys in the general fund not otherwise specifically appropriated for the year 1913, and twenty-five hundred ($2,500) dollars for the year 1914 for the aid of county agricultural associations in holding agricultural fairs, the disbursements to be made in the following manner: There shall be paid within ten (10) days after the first day of December, or as soon thereafter as there may be funds available out of the state treasury, to each organized agricultural association of the state, which shall have substantially complied with the following conditions, sixty-six and two-thirds per centum of the total amount of premiums thereby paid at its annual fair for that year; provided, that in computing the amount upon which such per centum is to be paid, but one association in each county shall receive such aid; and provided further, that the amount paid to any one association shall not exceed five hundred ($500) dollars in one year. Sec. 2. On or before the first day of December in each year the president and secretary of said association, claiming state aid, shall file with the secretary of state a sworn statement of the actual amount of each premium paid at the fair of that year, which premiums must correspond with the published offers of premiums, and a further statement that at such fair all gambling devices whatsoever have been prohibited and excluded from the fair grounds, and all adjacent grounds under their authority or control. |
κ1913 Statutes of Nevada, Page 271 (CHAPTER 195)κ
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fair all gambling devices whatsoever have been prohibited and excluded from the fair grounds, and all adjacent grounds under their authority or control. Such statement shall be accompanied by an itemized list of all premiums paid, upon which such sixty-six and two-thirds per centum payment is claimed, a copy of the published premium list of the fair, and a full statement of the receipts and disbursements for the past year, duly verified by the secretary. Such money shall be paid to the treasurer of the association upon his request, countersigned by the secretary. Sec. 3. All moneys received by the association, either from the state or any other source, after paying the necessary incidental expenses thereof, shall be paid out annually for premiums awarded, in such sums and in such manner as its by-laws shall direct, on such live animals, articles of production, agricultural implements and tools, domestic manufactures, mechanical implements and productions as are the manufacture and growth of the state, but as to live stock, the growth of any other state or county may receive the same premiums as those which are the growth of this state, should the association governing so decide. Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
Money must be paid out for prizes on state products
Exception as to live stock |
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Chap. 196An Act to provide for the relief of the city of Reno.
[Approved March 24, 1913]
Whereas, In the year nineteen hundred and eight, the city of Reno, a municipal corporation, located in Washoe County, Nevada, performed work on the street in front of the Nevada state university to the amount of seven hundred forty-two and 50/100 dollars, for curbing, guttering and macadamizing Ninth street from Virginia to Center streets, said work comprising 4,950 square feet of macadam, together with the necessary curb and gutter; and Whereas, The said sum of seven hundred forty-two and 50/100 dollars has never been paid to the city of Reno; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of seven hundred forty-two and 50/100 dollars is hereby appropriated, out of any moneys in the state treasury, not otherwise appropriated, to pay the said city of Reno for the expense of improving Ninth street between Virginia and Center streets in front of the Nevada state university, and the state controller is hereby directed and required to draw his warrant for said sum of seven hundred forty-two and 50/100 dollars in favor of the said city of Reno, |
Relief of city of Reno
Appropriation, $742.50 |
κ1913 Statutes of Nevada, Page 272 (CHAPTER 196)κ
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dred forty-two and 50/100 dollars in favor of the said city of Reno, and the state treasurer is hereby authorized and required to pay the same. |
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State board of accountancy
Qualifications of members
Proviso
Office in Reno
Powers and duties of board |
Chap. 197An Act to create a state board of accountancy and prescribe its powers and duties; to provide for the examination of and issuance of certificates to applicants, with the designation of certified public accountants, to provide for examination of state, county, and city accounts, and to provide the grade of penalty for violations of the provisions hereof.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Within thirty days after the approval of this act the governor shall appoint three persons, at least two of whom shall be competent and skilled accountants who shall have been in practice as such in this state for not less than one year, to constitute and serve as a state board of accountancy. The members of such board shall, within thirty days after their appointment, take and subscribe to the oath of office as prescribed by the laws of Nevada, and file the same with the secretary of state. They shall hold office for three years, and until their successors are appointed and qualified; save and except that one of the members of the board first to be appointed under this act shall hold office for one year; one for two years, and one for three years. Any vacancies that may occur from any cause shall be filled by the governor for the unexpired term; provided, that all appointments made after the first year must be made from the roll of certificates issued and on file in the office of the secretary of state. Sec. 2. The state board of accountancy shall have its principal office in the city of Reno, and its powers and duties shall be as follows: 1. To formulate rules for the government of the board and for the examination of and granting of certificates of qualification to persons applying therefor; 2. To hold written examinations of applicants for such certificates, at least semiannually, at such places as circumstances and applications may warrant; 3. To grant certificates of qualification to such applicants as may, upon examination, be found qualified in theory of accounts, practical accounting, auditing, and commercial law to practice as certified public accountants; 4. To charge and collect from all applicants such fee, not exceeding twenty-five dollars, as may be necessary to meet the expenses of examination, issuance of certificates and conducting its office; provided, that all such expenses, including not exceeding ten dollars per day for each member while attending the sessions of the board or conducting examinations, must be paid from the current receipts, and no portion thereof shall ever be paid from the state treasury; |
κ1913 Statutes of Nevada, Page 273 (CHAPTER 197)κ
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ducting its office; provided, that all such expenses, including not exceeding ten dollars per day for each member while attending the sessions of the board or conducting examinations, must be paid from the current receipts, and no portion thereof shall ever be paid from the state treasury; 5. To require the annual renewal of all such certificates, and to collect therefor a renewal fee of not exceeding ten dollars; 6. To revoke for cause any such certificate, after written notice to the holder, and a hearing being had thereon; 7. To report annually to the secretary of state, on or before the first day of December, all such certificates issued or renewed, together with a detailed statement of receipts and disbursements; provided, that any balance remaining in excess of the expenses incurred, may be retained by the board and used in defraying the future expenses thereof; 8. The board may in its discretion, under regulations provided by its rules, waive the examination of applicants possessing the qualifications mentioned in section 3, who shall have been for more than one year prior to the passage of this act practicing in this state as a public accountant on their own account, who shall in writing, apply for such certificates within six months. Sec. 3. Any citizen of the United States, or any person who has duly declared his intention of becoming such citizen, residing and doing business in this state, being over the age of twenty-one years and of good moral character, may apply to the state board of accountancy for examination under its rules, and for the issuance to him of a certificate of qualification to practice as a certified public accountant, and upon the issuance and receipt of such certificate, and during the period of its existence, or of any renewal thereof, he shall be styled and known as a certified public accountant or expert of accounts, and no other person shall be permitted to assume and use such title or to use any words, letters or figures to indicate that the person using the same, is a certified public accountant. Sec. 4. When required by law, or otherwise, that examination be made of the books, records or accounts of any officer, department or public institution of the State of Nevada, or of any city or county therein, such examination shall be made by a certified public accountant, duly qualified as such, under the provisions of this act. Sec. 5. Any violation of the provisions of this act shall be deemed as a misdemeanor. |
Certified public accountant, who may be
Public books experted by certified public accountant
Misdemeanor, when |
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κ1913 Statutes of Nevada, Page 274κ
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Supreme court to decide appeals
Certain laws not affected
Supreme court may make proper rules |
Chap. 198An Act to amend section eight of an act entitled An act concerning the courts of justice of this state, and judicial officers, approved January 26, 1865.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eight of the above-entitled act is hereby amended so as to read as follows: Section 8. This court may reverse, affirm, or modify the judgment or order appealed from as to any or all of the parties, and may, if necessary, order a new trial, and on a direct appeal from an order granting a motion to change the place of trial of an action, or refusing to change the place of trial, the court may affirm or reverse such order and order the trial to be had in the proper place. An order changing or refusing to change the place of trial shall not be appealed from on an appeal from a judgment, but only on direct appeal from the order changing or refusing to change the place of trial. Nothing in this act shall be held or so construed as to repeal, impair or change any provision in section 4 of an act entitled An Act to amend section 387 of an act entitled An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911, the same being section 5329 of Revised Laws of Nevada, 1912, approved March 13, 1913. When the judgment or order appealed from is reversed or modified this court may make, or direct the inferior court to make, complete restoration of all property and rights lost by the erroneous judgment or order. The supreme court may make rules not inconsistent with the constitution and laws of the state for its own government and the government of the district courts; but such rules shall not be enforced until thirty days after their adoption and publication. |
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Amending criminal practice act |
Chap. 199An Act to amend section four hundred ten of an act entitled An Act to regulate proceedings in criminal cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911; effective January 1, 1912.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four hundred ten of an act entitled An act to regulate proceedings in criminal cases in this State, and to repeal all other acts in relation thereto, approved March 17, 1911, is hereby amended so as to read as follows: |
κ1913 Statutes of Nevada, Page 275 (CHAPTER 199)κ
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Section 410. Whenever any person shall be convicted of any felony for which no fixed period of confinement is imposed by law, the court imposing the sentence shall not fix a definite term of imprisonment, but shall fix and establish, in its discretion, a minimum and maximum term for which such person shall be confined in the state prison; provided, that the minimum term so fixed and established by the court shall not be less than the shortest term fixed by law for the punishment of the offense of which he was convicted, and the maximum term so fixed and established by the court shall not be greater than the longest term fixed by law for the punishment of the offense of which he was convicted. |
Indeterminate sentence more fully defined
Maximum and minimum sentences defined |
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Chap. 200An Act authorizing and directing the board of county commissioners of Humboldt County to pay from the county general fund the sum of five hundred dollars monthly, to cover expenses incurred by the Humboldt County chamber of commerce in promoting the public good, and matters properly connected therewith.
[Approved March 24, 1913]
Whereas, Certain of the citizens and taxpayers of Humboldt County, State of Nevada, have organized and associated themselves together for the purpose of forming a chamber of commerce in said county; and Whereas, Said organization and association is known as the Humboldt County chamber of commerce, a corporation, organized and existing under and by virtue of the laws of the State of Nevada, having its principal office or place of business at Winnemucca, in said county; and Whereas, Said chamber of commerce was formed for the purpose, among other things, of advertising the resources of Humboldt County, improving the public roads thereof, and thereby bringing new settlers into said county; and Whereas, Said chamber of commerce has entered upon the active and actual work of carrying out the purposes for which it was organized as aforesaid; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Humboldt County are hereby directed and authorized to allow, out of the general fund of said county, the sum of five hundred dollars monthly, said sum to be paid to the Humboldt County chamber of commerce upon the certificate of the president and secretary of said chamber of commerce that said sum has been expended by said chamber of commerce for the public good of the people of said county; which certificate shall contain an itemized statement of the purposes for which said sum shall have been so expended, and the same shall be duly verified by said officers; provided, that no part of said sum shall have been so expended for salaries of any officer; and provided further, that said certified statement shall show that at least one-half of the sum so expended shall have been used in directly promoting the public good of the people of the southwestern and western portion of said county. |
Humboldt chamber of commerce
County commissioners to allow said chamber $500 monthly upon proper showing |
κ1913 Statutes of Nevada, Page 276 (CHAPTER 200)κ
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Public good defined
Payments made monthly
In effect |
sum shall have been so expended, and the same shall be duly verified by said officers; provided, that no part of said sum shall have been so expended for salaries of any officer; and provided further, that said certified statement shall show that at least one-half of the sum so expended shall have been used in directly promoting the public good of the people of the southwestern and western portion of said county. Sec. 2. The words public good, as used in this act, shall be construed to mean the advertising the resources of said county, or the improvement of the public roads and highways situated therein. Sec. 3. The county auditor of Humboldt County is hereby directed to draw his warrant monthly in favor of said chamber of commerce and the county treasurer of said county is hereby directed to pay the same, in the sum of five hundred dollars; but said sum shall not be paid or any part thereof unless the certificate aforesaid shall have been filed with the board of county commissioners. Sec. 4. This act shall take effect from and after the first day of April, 1913. |
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Amending Reno charter
Chief of fire department to receive $1,800 per annum |
Chap. 201An Act to amend section seven of article ten and section four of article eleven of an act entitled An act to incorporate the town of Reno, Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, as amended March 13, 1905.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven of article ten of an act entitled An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, as amended March 13, 1905, is hereby amended so as to read as follows: Section 7. The chief of the fire department may, with the consent and subject to the confirmation of the council, appoint an assistant chief of the fire department, who shall have all the power and duties of the chief, during the absence or inability of such chief to act. The salary of such assistant and all firemen shall be fixed by ordinance. The chief of the fire department shall receive a salary in the sum of eighteen hundred dollars ($1,800) per annum. Sec. 2. Section four of article eleven of an act entitled An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, as amended March 13, 1905, is hereby amended so as to read as follows: |
κ1913 Statutes of Nevada, Page 277 (CHAPTER 201)κ
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relating thereto, as amended March 13, 1905, is hereby amended so as to read as follows: Section 4. The city engineer and superintendent of streets shall receive a salary in the sum of two thousand four hundred dollars ($2,400) per annum. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. |
City engineer, $2,400 per annum |
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Chap. 202An Act fixing and regulating the salaries of county commissioners of Washoe County, Nevada, and providing for the payment of their necessary traveling expenses.
[Approved March 24, 1913]
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 commissioners of Washoe County, Nevada, shall each receive a salary of twelve hundred ($1,200) dollars per annum, payable in twelve monthly installments of one hundred ($100) dollars each. Sec. 2. In addition to the salary mentioned in section 1 of this act each of the county commissioners of Washoe County, Nevada, shall be allowed his actual traveling expenses when discharging his official duties in said office of county commissioner. Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. |
Fixing salaries of Washoe commissioners
Traveling expenses |
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Chap. 203An Act to provide a fee bill for the office of secretary of state.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On filing any certificate or articles or other paper relative to corporations in the office of the secretary of state, the following fees and taxes shall be paid to the secretary of state for the use of the state: For certificate or articles of incorporation, ten (10) cents for each thousand dollars of the total amount of capital stock authorized, but in no case less than twenty-five ($25) dollars; consolidation and merger of corporations, ten (10) cents for each thousand dollars capital authorized, beyond the total authorized capital of the corporations merged or consolidated, but in no case less than ten dollars; increase of capital stock, ten (10) cents for each thousand dollars of the total increase authorized, but in no case less than ten dollars; extension or renewal of corporate existence of any corporation, |
Various fees to be collected by secretary of state
Fees from corporations |
κ1913 Statutes of Nevada, Page 278 (CHAPTER 203)κ
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Commissions of civil officers-exception
Agricultural directors and militia officers exempt
All fees to go to library fund |
of corporate existence of any corporation, one-half that required for the original certificate or articles of incorporation by this act; dissolution of corporation, change of nature of business, amended articles or certificate of incorporation or organization (other than those authorizing increase of capital stock), decrease of capital stock, the increase or decrease of par value of number of shares, ten dollars; for filing list of officers and directors or trustees and name of agent in charge of principal office, one dollar; notice of removal of principal place of business, other than by amendment, one dollar; for certifying to copy of articles of incorporation, where copy is furnished, five dollars; for certifying to copy of amendment to articles of incorporation, where copy is furnished, five dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, five dollars; for all certificates not hereby provided for, five dollars; provided, that no fees shall be required to be paid by any religious, or charitable society or educational association having no capital stock; and provided further, that foreign incorporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state. Each and every civil officer of this state, except commissioners of deeds and notaries public, shall, at the time of the issuance of his commission, and before entering upon the duties of his office, pay to the secretary of state the sum of five dollars; for a written copy of any law, joint resolution, transcript of record, or other paper on file or of record in this office, twenty cents per folio; for certifying to any such copy and use of state seal, five dollars for each impression; for attesting extradition papers, five dollars for each time the state seal is necessarily used; for filing and recording each official bond, five dollars; for filing and recording trademarks and names, five dollars; for each passport and other document signed by the governor and attested by the secretary of state, five dollars; for each commission as notary public, ten dollars; for each commission as commissioner of deeds, ten dollars; for each commission signed by the governor and attested by the secretary of state, other than notaries public and commissioner of deeds, five dollars; for each commission issued by the governor to staff or line officers of the militia of the State of Nevada, no charge; all commissions issued to directors of the Nevada state agricultural society, or to any agricultural society now organized, or that may be hereafter organized, shall be free; for searching records or archives of the state, and other records and documents kept in his office, he shall charge a reasonable fee. For each certificate of qualification, issued to surety companies, five dollars. Sec. 2. All fees collected in the office of secretary of state shall be paid into the state treasury for the use and benefit of the library fund. |
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Sec. 3. The secretary of state is required to collect the fees above specified in all cases, whether the services mentioned therein are rendered to a person, firm, corporation, association or county, unless herein excepted. Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed. |
Fees collected in all cases
Repeal |
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Chap. 204An Act to provide for an investigation of all matters pertaining to the affairs and receivership of the State bank and trust company, and making an appropriation therefor.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The attorney-general of the State of Nevada is hereby authorized, empowered and directed to institute and prosecute a thorough investigation of all the affairs of the State bank and trust company and of the receivership thereof. To that end he is authorized and empowered, in his discretion, to employ such legal assistance, expert accountants, stenographers and other assistance as he may deem necessary. He is further authorized and empowered to take such proceedings as he may deem necessary in any action now pending in any court affecting in any way the affairs of the receivership of the said State bank and trust company; also to institute, maintain and prosecute any action or actions, suit or suits, which he may deem necessary, either civil or criminal, in the name of any proper party plaintiff, or in the name of the State of Nevada, against any party, person, officer or corporation, the subject-matter of which action or actions shall in any manner affect, pertain to or be connected with the affairs of said State bank and trust company, or of the receivership thereof. Sec. 2. The sum of five thousand ($5,000) dollars is hereby appropriated from the general fund of the State of Nevada to be used, or so much thereof as may in his opinion be necessary, by the attorney-general for the purpose of carrying out the, or any of the, powers or duties by this or any other act conferred upon him and relating in any manner to the affairs or the receivership of the said State bank and trust company; provided, however, that the said attorney-general shall file in the office of the state controller vouchers for all expenditures made by him out of said appropriation; and the state controller, upon the order of the attorney-general, is hereby authorized and directed to draw warrants upon the state treasurer for such sums as the attorney-general may deem necessary to expend hereunder; and the state treasurer is hereby directed to pay the same. |
Attorney-general to institute investigation of State bank and trust company
Appropriation, $5,000
Proviso |
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Relief of Flanigan warehouse company
Appropriation, $800.75
Duties of controller and treasurer |
Chap. 205An Act for the relief of the Flanigan warehouse company.
[Approved March 24, 1913]
Whereas, Flanigan warehouse company under a contract executed by the state board of prison commissioners, acting on behalf of the State of Nevada, on the 11th day of June, 1908, for the installation of steel cells at the state prison, was authorized to engage, at the expense of the State of Nevada, a competent man to superintend the installation of said cells; and Whereas, Said company engaged Ed. A. Wendt, a competent man, for that purpose, and incurred and paid an expense in that behalf, as authorized by said contract, in the sum of eight hundred and 75/100 dollars ($800.75); and Whereas, Said sum has not been paid, and the fund appropriated for the expense of constructing and installing said steel cells has been exhausted; therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of eight hundred and 75/100 dollars ($800.75) is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, to be paid to Flanigan warehouse company, for its expenditures in the employment of Ed. A. Wendt, to superintend the installation of the steel cells at the state prison in the years 1908 and 1909. Sec. 2. The state controller is hereby directed to draw his warrant in favor of said Flanigan warehouse company for said sum of eight hundred and 75/100 dollars ($800.75), and the state treasurer is hereby directed to pay the same. |
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Regulating and licensing automobiles; defining motor vehicle |
Chap. 206An Act regulating automobiles or motor vehicles on public roads, highways, park or parkways, streets and avenues, within the State of Nevada; providing a license for the operation thereof and prescribing penalties for its violation; designating the manner of handling the receipts therefrom and the purpose for which it may be expended and in what manner.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Defining the term motor vehicle: The term motor vehicle used in this act shall, for the purposes of this act, unless the same be contrary to or inconsistent with the context, be construed to include all vehicles propelled by any power other than muscular power; provided, that nothing herein contained shall, except the provisions of section 12 of this act, apply to motorcycles, motor bicycles, traction engines, road-rollers, street-cars, railway motors or railway locomotives. |
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that nothing herein contained shall, except the provisions of section 12 of this act, apply to motorcycles, motor bicycles, traction engines, road-rollers, street-cars, railway motors or railway locomotives. Sec. 2. The owner of every motor vehicle within the State of Nevada shall, within thirty days after the passage of this act, file with the secretary of state a statement of his name and address with a brief description of the vehicle to be registered, including the name of the maker, factory number, style of vehicle and motor power. Subsequent filings shall be made by each owner of any motor vehicle on or before the first Monday in February of each year. The annual filing fee shall be rated at 12 1/2 cents per horsepower; the minimum horsepower rating to be twenty horsepower, and such fee shall cover state motor vehicle license as from January 1 to December 31 of each year; provided, the filing fee for the current year shall be only such proportion of money collected on horsepower rating as the remainder of the year after the passage of this act bears to the whole year figuring by quarters and excluding fractional quarters; and provided further, that the acquisition of any motor vehicle at any time hereafter shall subject the owner thereof within ten days from the date of such acquisition to the procurement of a license on the same basis of computation as in the last foregoing proviso. The possession of a postoffice money-order receipt, an express money-order receipt or receipt for a draft showing proper remittance having been made to the secretary of state, shall entitle the holder thereof to operate a motor vehicle under the provisions of this act for a period of ten days from date of such receipt. Sec. 3. The secretary of state shall keep a record of all statements filed with him in accordance with section 2 of this act, and shall also keep a record of all license tags issued by him, as provided hereinafter. Sec. 4. Immediately upon receipt of proper statement and remittance, the secretary of state shall issue and deliver to the owner of such motor vehicle, a license tag of aluminum or other suitable metal, which shall be in circular form and have stamped thereon the words Registered Motor Vehicle No. ....., State of Nevada, with the registration number inserted and the year for which it is issued stamped thereon, which tag shall thereafter at all times be conspicuously displayed on the motor vehicle to which the number has been assigned; except for necessary time of exchange as required by section 5 of this act. Sec. 5. If the motor vehicle has been previously registered, the license tag thereon shall be returned to the secretary of state, together with proper remittance, and such secretary shall immediately issue to said owner another license tag bearing the same number, with the year for which new license tag is issued stamped thereon. Upon the sale or exchange of ownership of a motor vehicle, the vendor, except a manufacturer or dealer, shall within ten days return to the secretary of state the license tax affixed to such motor vehicle. |
Owners to file description of vehicle with secretary of state
Annual filing fee, 12 1/2 cents per horsepower
Provisos
Evidence of payment of license
Record kept by secretary of state
Secretary of state to issue suitable license tag
Renewal of license |
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Distinctive number for each vehicle
Dealers to register one vehicle of each type dealt in
Tags not transferable
Concerning nonresident owners
Proviso
Reasonable speed on highways
Duties of automobilist regarding teams or horses |
exchange of ownership of a motor vehicle, the vendor, except a manufacturer or dealer, shall within ten days return to the secretary of state the license tax affixed to such motor vehicle. Sec. 6. Every motor vehicle shall also at all times have the number assigned to it displayed on the back of such vehicle in such manner as to be plainly visible, the numbers to be in Arabic numerals, light on dark background, each not less than three inches in height, and each stroke to be of a width of not less than half an inch, and also as a part of such number, the abbreviated name of the state in light on dark background, such letters to be not less than one inch in height. Sec. 7. A manufacture of or dealer in motor vehicles shall register one vehicle of each style or type manufactured or dealt in by him and be entitled to as many duplicate license tags for each style or type so manufactured or dealt in, as he may desire, on payment of an additional fee of one dollar for each duplicate tag. If a license tag and the corresponding number shall thereafter be affixed to and displayed on every vehicle of such style or type as in this section provided, while such vehicle is being operated on the public highways, it shall be deemed a sufficient compliance with the provisions of this act, until such vehicle shall be sold or let for hire. Nothing in this section shall be construed to apply to a motor vehicle employed by a manufacturer or dealer for private use or for hire. Sec. 8. No motor vehicle shall be used or operated upon the public highways of this state after this act takes effect which shall display thereon a license tag or number belonging to another vehicle, or fictitious license tax or number. Sec. 9. Nonresident owners of motor vehicles are exempt from the provisions of this act for a period of thirty consecutive days at any time; provided, the owners have complied with any law requiring the registration of owners of motor vehicles in force in the state, territory or federal district of their residence, and the registration number and initials or abbreviation of the state, territory or federal district, shall be displayed on such vehicle substantially as provided in this act. Sec. 10. No person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person or the safety of any property. Sec. 11. Every person having control or charge of any motor vehicle upon any public highway and approaching any vehicle drawn by a horse or horses, or any horse upon which any person is riding, shall operate, manage and control such motor vehicle in such manner as to exercise every reasonable precaution to prevent the frightening of any such horse or horses and to insure the safety and protection of any person riding or driving the same. |
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horses and to insure the safety and protection of any person riding or driving the same. And if such horse or horses appear frightened, the person in control of such motor vehicle shall reduce its speed, and, if requested by a signal or otherwise by the driver of such horse or horses, shall not proceed further toward such animal or animals unless such movement be necessary to avoid accident or injury, or until such animal or animals appear to be under the control of the driver or rider. Sec. 12. Every motor vehicle while in use on a public highway shall be provided with good and efficient brakes, and also with a suitable horn or other signal, and be so constructed as to exhibit during the period from one hour after sunset to one hour before sunrise, two lamps showing white lights visible within a reasonable distance in the direction toward which such vehicle is proceeding and also a red light visible in the reverse direction; provided, exceptions noted in section 1 of this act are required to show only one white light in the direction toward which such vehicle is proceeding. Sec. 13. The driver of every motor vehicle shall turn to the right in meeting other vehicles, teams, horses and persons moving or headed in an opposite direction, and turn to the left in passing other vehicles, teams, horses and persons moving or headed in the same direction. Sec. 14. The local authorities of incorporated or unincorporated cities or towns may regulate by ordinance, rule or regulation hereafter adopted, the speed of motor vehicles within the limits of such cities or towns, on condition that such ordinance, rule or regulation shall also fix the same speed limitation on all other vehicles, such speed limitation not to be in any case less than one mile in five minutes; and also on further condition that such ordinance, rule or regulation shall fix the penalties for violation thereof similar to and no greater than those fixed by such local authorities for violation of speed limitation by any other vehicle than motor vehicles. Sec. 15. This act shall in no wise affect any statute now existent or that may hereafter be enacted providing for a license on automobiles for hire. Sec. 16. Any person who violates any of the provisions of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in any sum not less than twenty-five dollars nor more than one hundred dollars for each offense. Sec. 17. The amount of fees received by the secretary of state, as in this act provided, shall be paid into the state treasury to the credit of a special fund to be known and designated as the Automobile Road Fund, and may only be disbursed at such times, in such amounts and in such manner as follows: When receipts aggregate a sufficient amount to offset initial expenditures under appropriation provided for in section 18 of this act, such amount shall be transferred to the state general fund and the state controller and state treasurer are hereby directed to make such transfer in the regular manner in which fund transfers are made. |
Brakes, signal devices and lights required
Manner of passing other vehicles
Local authorities may fix speed limit-not less than 12 miles per hour
Exception of operation of this act Misdemeanor for violation
Fees to go to automobile road fund |
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Disposal of increment of fund
Appropriation, $500 |
to offset initial expenditures under appropriation provided for in section 18 of this act, such amount shall be transferred to the state general fund and the state controller and state treasurer are hereby directed to make such transfer in the regular manner in which fund transfers are made. The secretary of state is entitled to draw against such automobile road fund not to exceed the sum of five hundred dollars in any one year for the purpose of defraying actual expenses in procuring license tags and record books and for the payment of necessary postage. His claims for such expenditures shall be made in the same manner as other state claims, and when favorably passed upon by the state board of examiners, shall constitute legal claims against the state for which the state controller is directed to draw his warrants and the state treasurer is instructed to pay the same. The residue shall remain intact in the state treasury until it shall have reached the sum of twenty-five thousand dollars, when this amount shall be apportioned by the state board of revenue to the several counties in the state, according to their population at the time of the last regular census, and expended in county road construction and betterments under the supervision of the state engineer in conjunction with the several boards of county commissioners. Such apportioned funds shall remain in the state treasury and be paid out by warrants drawn by the state controller on proper claims certified to by the several boards of county commissioners and the state engineer and allowed by the state board of examiners, which warrants the state controller is hereby directed to issue and the state treasurer to pay. Sec. 18. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sum of five hundred dollars for the purpose of carrying out the provisions of this act. |
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Restricting sale and use of poisonous drugs |
Chap. 207An Act to regulate the sale and use of poisons in the State of Nevada, and providing a penalty for the violation thereof.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person to vend, sell, give away or furnish, either directly or indirectly, any poisons enumerated in schedules A and B in section 7 of this act as hereinafter set forth, without labeling the package, box, bottle or paper in which said poison is contained, with the name of the article, the word POISON, and the name and place of business of the person furnishing the same. Said label shall be substantially in the form hereinafter provided. It shall be unlawful to sell or deliver any of the poisons named in schedule A or any other dangerously poisonous drug, chemical, or medical substance, which may from time to time be designated by the state board of pharmacy of Nevada, unless on inquiry it is found that the person desiring the same is aware of its poisonous character, and it satisfactorily appears that it is to be used for a legitimate purpose. |
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the poisons named in schedule A or any other dangerously poisonous drug, chemical, or medical substance, which may from time to time be designated by the state board of pharmacy of Nevada, unless on inquiry it is found that the person desiring the same is aware of its poisonous character, and it satisfactorily appears that it is to be used for a legitimate purpose. It shall be unlawful for any person to give a fictitious name or make any false representations to the seller or dealer when buying any of the poisons thus enumerated. Printed notice of all such additions to the schedule of poisons named and provided for in this section, and the antidote adopted by the board of pharmacy for such poisons shall be given to all registered pharmacists with the next following renewal of their certificates. It shall be unlawful to sell or deliver any poison included in schedule A or the additions thereto, without making or causing to be made an entry in a book kept solely for that purpose, stating the date and hour of sale, and the name, address and signature of the purchaser, the name and quantity of the poison sold, the statement by the purchaser of the purpose for which it is required, and the name of the dispenser, who must be a duly registered pharmacist. Said book shall be in form substantially as follows:
This book shall always be open for inspection by the proper authorities, and shall be preserved for at least five (5) years after the date of the last entry therein. Sec. 2. The label required by this act, to be placed on all packages of poison, shall be printed upon red paper in distinct white letters, or in distinct red letters upon white paper, and shall contain the word poison, the vignette representing the skull and cross-bones, and the name and address of the person or firm selling the same. The name of an antidote, if any there be, for the poison sold, shall also be upon the package. Sec. 3. It shall be the duty of the state board of pharmacy to adopt a schedule of what in their judgment are the most suitable common antidotes for the various poisons usually sold. After the board has adopted the schedule of antidotes as herein provided for, they shall have the same printed and shall forward by mail one copy to each person registered upon their books, and to any other person applying for the same. The particular antidote adopted (and no other) shall appear on the poison label, provided for in section 2 of this act, or be attached to the package containing said poison. The board shall have power to revise and amend the list of antidotes from time to time, as to them may seem advisable. The entries in the poison book and the printed or written matter provided for in sections 2 and 3 of this act shall be in the English language; provided, that the vendor of said poison may enter the same in any foreign language he may desire, in addition to said entry and label in English. |
Druggist to keep record of sale of poisons
Form of record
Open to proper inspection
Label in white letters on red paper
State board of pharmacy to adopt and publish schedule of antidotes
Entries in English language |
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State board may further restrict sale by rules
Wholesalers must use poison label
Proviso
District attorney to prosecute
Penalties
First and second offenses misdemeanor
Third offense, felony
General violation, misdemeanor
Schedule A |
said poison may enter the same in any foreign language he may desire, in addition to said entry and label in English. Sec. 4. When in the opinion of the state board of pharmacy, it is in the interest of the public health, they are hereby empowered to further restrict, or prohibit the retail sale of any poison by rules, not inconsistent with the provisions of this act, by them to be adopted, and which rules must be applicable to all persons alike. It shall be the duty of the board, upon request, to furnish any dealer with a list of all articles, preparations and compounds, the sale of which is prohibited or regulated by this act. Sec. 5. Wholesale dealers and pharmacists shall affix or cause to be affixed to every bottle, box, bottle or other enclosure of an original package containing any of the articles named in schedule A the additions thereto, or in sections 8 or 9 of this act, a suitable label, or brand, with the word POISON, but they are hereby exempted from the registration of the sale of such articles when sold at wholesale to a registered pharmacist, physician, dentist or veterinary surgeon duly licensed to practice in the state; provided, that the provisions of this act shall not apply to the sale of such upon the prescriptions of practicing physicians, dentists or veterinary surgeons who are duly licensed to practice in this state. Sec. 6. It is hereby made the duty of the district attorney of the county wherein any violation of this act is committed, to conduct all actions and prosecutions for the same, at the request of the board of pharmacy. Sec. 7. Any person violating any of the provisions of section 8 of this act shall upon conviction be punished as follows, viz: For the first offense by a fine of not less than one hundred dollars, and not to exceed two hundred and fifty dollars, or by imprisonment for not more than 100 days, or by both fine and imprisonment; for the second offense by a fine of not less than two hundred and fifty dollars, and not to exceed five hundred dollars, or by imprisonment for not more than 200 days, or by both such fine and imprisonment; and for the third offense by imprisonment in the state prison for not less than one year and not more than five years. Any person violating any of the provisions of this act, except those contained in section 8, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less than thirty dollars nor more than one hundred dollars, or by imprisonment for not more than fifty days or by both such fine and imprisonment. The following is schedule A referred to in section 1, viz: Schedule A: Arsenic, its compounds and preparations, corrosive sublimate, corrosive sublimate tablets, antiseptic tablets containing corrosive sublimate, cyanide of potassium, strychnine, hydrocyanic acid, oils of croton, rue and tansy, phosphorus and its poisonous derivatives or compounds, stropanthus or its preparations. |
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phosphorus and its poisonous derivatives or compounds, stropanthus or its preparations. The following is schedule B referred to in section 1, viz: Aconite, belladonna, nux vomica, veratrum, veride or preparations, alkaloids or derivatives, hydrochloric or muriatic acid, nitric acid, oxalic acid, bromide, chloroform, sulphuric acid, cowhage, creosote, ether, solution of formaldehyde or formalin, cantharides, cocculus indicus, Indian hemp, or their preparations, iodine or its tinctures, oils of savin and penny-royal, tartar emetic and other poisonous derivatives of antimony, sugar of lead, sulphate of zinc, and wood alcohol. Sec. 8. It shall be unlawful for any person, firm or corporation to sell, furnish or give away or offer to sell, furnish or give away or to have in their or his possession any cocaine, opium, morphine, codeine, heroin, alpha eucaine, beta eucaine, nova caine or chloral hydrate or any of the salts, derivatives or compounds of the foregoing substances or any preparation or compound containing any of the foregoing substances or their salts, derivatives or compounds excepting upon the written order or prescription of a physician, dentist or veterinary surgeon licensed to practice in this state, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, written in by the person writing said prescription, or if ordered by a veterinary surgeon it shall state the kind of animal for which ordered and shall be signed by the person giving the prescription or order. Such order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the articles ordered or prescribed and it shall not be again compounded or dispensed if each fluid or avoirdupois ounce contains more than eight grains of opium or one grain of morphine, or two grains of codeine, or one-half grain of heroin, or one grain of cocaine, or one grain of alpha eucaine, or one grain of beta eucaine, or one grain of nova caine, or sixty grains of chloral hydrate, excepting upon the written order of the prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any person, but the original shall be at all times open to inspection by the prescriber and properly authorized officers of the law and shall be preserved for at least three years from the date of the filing thereof; provided, that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers to pharmacists legally licensed and doing business under the laws of the State of Nevada, or physicians, nor to each other, nor to the sale at retail in pharmacists to physicians, dentists, or veterinary surgeons duly licensed to practice in this state; provided, further, that all such wholesale jobbers, wholesalers and manufacturers, in this section mentioned, shall before delivery to any resident or person in this state of any of the articles in this section enumerated make or cause to be made in a book kept for that purpose only, an entry of the sale of any such article stating the date of such sale and quantity and name of the article and form in which sold, the true name of the article and form in which sold, the true name and true address of the purchaser, the name of the person by whom such entry and sale was made, also a statement showing how delivery was had, whether delivered personally or forwarded by mail, express or by freight, which book shall be substantially as follows: |
Schedule B
Prohibited drugs enumerated
Doctors prescriptions excepted
Prescription not refilled, when
Provisos
Wholesalers to keep record |
κ1913 Statutes of Nevada, Page 288 (CHAPTER 207)κ
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Form of record
Always open to inspection of officers
Practitioners to prescribe certain drugs only in good faith
Preparations of certain strength not prohibited
Food and drug officials to cooperate |
in this section enumerated make or cause to be made in a book kept for that purpose only, an entry of the sale of any such article stating the date of such sale and quantity and name of the article and form in which sold, the true name of the article and form in which sold, the true name and true address of the purchaser, the name of the person by whom such entry and sale was made, also a statement showing how delivery was had, whether delivered personally or forwarded by mail, express or by freight, which book shall be substantially as follows:
And said book shall always be open for inspection by any peace officer or citizen, or any member of the board of pharmacy or any inspector by them authorized, and such book shall be preserved for at least five years after the date of the last entry therein. It shall be unlawful for any practitioner of medicine, dentistry, or veterinary medicine to furnish to or to prescribe for the use of any habitual user of the same any cocaine, opium, morphine, codeine, heroin, or chloral hydrate, or any salt, derivative or compounds, and it shall be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or for any veterinary surgeon to prescribe any of the foregoing substances for the use of any human being; provided, however, that the provisions of this section shall not be construed to prevent any duly licensed physician from furnishing or prescribing in good faith as their physician by them employed as such, for any habitual user of any narcotic drugs who is under his professional care, such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the purposes of this act; provided, that the above provisions shall not apply to preparations sold or dispensed without a physicians prescription containing less than two grains of opium, or one-fourth grain of morphine, or one-half grain of codeine, or one-sixth grain heroin, or one-sixth grain cocaine, or one-sixth grain eucaine, or one-sixth grain nova caine or one-sixth grain beta eucaine or ten grains chloral hydrate in one fluid ounce or if a solid preparation in one ounce avoirdupois ounce, or to the sale of strychnine or other poisons for the purpose of destroying noxious wild animals. Sec. 9. The officials in charge of the food and drug act of this state are hereby designated and constituted agents for the enforcement of this act, and shall cooperate with the state board of pharmacy herein provided for, in carrying out the provisions of this act, and for this purpose they shall have free access at all times during business hours to all places where drugs, medicines or poisons are offered for sale. |
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Sec. 10. All acts and parts of acts in conflict with this act are hereby repealed. |
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Chap. 208An Act to regulate the public service of stallions and jacks in Nevada.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, firm, or company, standing or using for public service or offering for sale, any stallion or jack in this state, shall cause the name, description and pedigree of such stallion or jack to be enrolled by a stallion registration board, hereinafter provided for, and shall secure a license from said board as provided for in section 4 of this act. All enrollment and verification of pedigree shall be done by this board. Sec. 2. In order to carry out the provisions of this act, there shall be constituted a stallion registration board, whose duty it shall be to verify and register pedigrees; to employ one or two graduate veterinarians to make examination of the stallion for soundness; to pass upon certificates of soundness; to issue stallion license certificates; to make all necessary rules and regulations; and to perform such other duties as may be necessary to carry out and enforce the provisions of this act. Sec. 3. The stallion registration board shall be composed of the professor of veterinary science and the professor of veterinary science and the professor of animal husbandry at the University of Nevada shall be secretary and executive officer of the board. Sec. 4. In order to secure this license certificate herein provided for, the owner shall apply for such to the stallion registration board, after the stallion or jack has been examined for soundness. The owner of such stallion or jack shall furnish to the stallion registration board the veterinary certificate, and the stud-book registry certificate of pedigree of the stallion or jack and all other necessary papers relating to his breeding and ownership. Upon verification of pedigree and certificate of breeding and the stallion or jack has passed the necessary veterinary inspection, as provided for in this act, a license certificate shall be furnished. The presence of one or more of the following-named diseases shall disqualify a stallion or jack from public service and are hereby defined as infectious, contagious, or transmissible diseases or unsoundness for this act: Cataract, amaurosis, laryngeal hemiplegia (roaring or whistling), chorea (St. Vitus dance, crampness, string-halt), glanders or farsey, maladie du coit, urethral gleet, mange, ringbone, bone spavin, sidebone, and curb when accompanied by a curby hock. The stallion registration board is hereby authorized to refuse certificates or enrollment to any stallion or jack affected with any of these diseases specified and to revoke a previously issued license certificate of any stallion or jack found upon examination to be so affected. |
Licenses for stallion or jack standing for public service; pedigree registered
Stallion registration board; its duties
Board, how composed
How license certificate is secured |
κ1913 Statutes of Nevada, Page 290 (CHAPTER 208)κ
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License not to issue, when
Temporary licenses, when
Imported stallion or jack must have previous certificate
None admitted except pure-bred or grade
License posted in conspicuous place
What posting shall exhibit
Forms of certificates |
istration board is hereby authorized to refuse certificates or enrollment to any stallion or jack affected with any of these diseases specified and to revoke a previously issued license certificate of any stallion or jack found upon examination to be so affected. Sec. 5. The stallion registration board is authorized in case of emergency to grant temporary license certificates without veterinary examination, upon receipt of an affidavit of the owner to the effect that to the best of his knowledge and belief said stallion or jack is free from infectious, contagious, or transmissible disease or unsoundness. Temporary license certificates shall be valid only until veterinary examination can reasonably be made. Sec. 6. Every person, firm, or company, importing any stallion or jack into the State of Nevada, for breeding purposes or sale, shall first secure a certificate from a recognized state or federal veterinary office, certifying that said stallion or jack is free from any or all diseases or unsoundness referred to in section 4 of this act. A copy of the certificate must be mailed to the secretary of the stallion registration board at the University of Nevada, Reno, Nevada, at least five days before the importation of the stallion or jack into the state. No stallion or jack that is neither pure-bred nor grade according to the meaning of this act shall be imported into the state for breeding purposes. Sec. 7. The owner of any stallion or jack standing for public service in this state shall post and keep affixed during the entire breeding season copies of the license certificate of such stallion or jack in a conspicuous place both within and upon the outside of every stable, building or corral where the stallion or jack is used for public service at home or elsewhere. Sec. 8. Upon each bill and poster issued by the owner of any stallion or jack enrolled under this act, or used by him or his agent, for advertising such stallion or jack, the name of the animal shall be preceded by the words pure-bred, cross-bred, grade, nonstandard-bred, or mongrel, or scrub, in accordance with the wording of the certificate of enrollment; and it shall be illegal to print upon the poster any misleading reference to the breeding of the stallion or jack, his sire or his dam, or to use any portrait in a misleading way; and each newspaper advertisement printed to advertise any stallion or jack for public service shall show the enrollment certificate number and state whether it reads pure-bred, cross-bred, grade, nonstandard, or mongrel, or scrub. Sec. 9. The license certificate issued for a stallion or jack whose sire and dam are pure-bred and of the same breed and the pedigree of which is registered in a stud-book recognized by the United States department of agriculture, shall be in the following form: |
κ1913 Statutes of Nevada, Page 291 (CHAPTER 208)κ
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Stallion Registration Board License Certificate of Pure-Bred Stallion No...... The pedigree of stallion (name)............................................................................................ Owned by................................................................................................................................. Described as follows:............................................................................................................. Color........................................................... Breed........................................................... Foaled in the year ........., has been examined by the stallion registration board of Nevada, and is hereby certified that the said stallion is of pure breeding and is registered in a stud-book recognized by the United States department of agriculture, Washington, D. C. (Signature) .................., secretary stallion registration board.
The license certificate issued for a stallion whose sire and dam are pure-bred, but of different breeds, shall be as follows: Stallion Registration Board License Certificate of Cross-Bred Stallion No...... The pedigree of stallion (name)............................................................................................ Owned by................................................................................................................................. Described................................................................................................................................. Color........................................................... Breed........................................................... Foaled in the year ........., has been examined by the stallion registration board, and it is found that his sire is registered in ................., and his dam in .............. Such being the case, the said stallion is not eligible for registration in any stud-book recognized by the United States department of agriculture, Washington, D. C.
License certificate issued for a stallion whose sire or dam is not of pure breeding shall be in the following form: Stallion Registration Board License Certificate of Grade Stallion No...... The pedigree of stallion (name)............................................................................................ Owned by................................................................................................................................. Described as follows:............................................................................................................. Color........................................................... Breed........................................................... Foaled in the year ........., has been examined by the stallion registration board and it is found that the said stallion is not of pure breeding and is, therefore, not eligible for registration in any stud-book recognized by the United States department of agriculture, Washington, D. C.
License certificate issued for a stallion whose sire and dam are neither of them pure-bred shall be in the following form: Stallion Registration Board License Certificate for Mongrel or Scrub Stallion No......... Name of the stallion................................................................................................................ Owned by................................................................................................................................. Color,.............. Foaled in the year ......... Has been examined by the stallion registration board and is found to be of mongrel breeding and is, therefore, not eligible to registry in a stud-book recognized by the United States department of agriculture, Washington, D. C. |
For pure-bred stallion
For cross-bred stallion
For grade stallion
For mongrel or scrub stallion |
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Fees for registration
Annual fee
Examinations
License transferred with animal
Violation, how punished
Disposal of accruing funds
Annual report of board
Not to apply to animals running at large
Common carriers prohibited |
a stud-book recognized by the United States department of agriculture, Washington, D. C. Signature .................., secretary stallion registration board. Sec. 10. A fee of ten dollars ($10) shall be paid the secretary of the stallion registration board for the veterinary examination and enrollment of each pedigree of the stallion as above provided. A fee not exceeding two dollars ($2) shall be paid annually for the renewal of the pedigree certificate and service license. Stallions and jacks shall be examined every four years, until ten years of age, and after the first examination shall be exempt from examination at ten years of age and over. Sec. 11. Upon the transfer of ownership of any stallion or jack licensed under the provisions of this act, the license certificate may be transferred by the secretary of the board to the transferee upon the submittal of satisfactory proof of such transfer of ownership and upon the payment of one dollar ($1). Sec. 12. Any person or persons knowingly or wilfully violating any of the provisions of this act shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200), or by imprisonment for not less than thirty days or more than six months, or by fine and imprisonment for each offense. Sec. 13. The funds accruing from the above-named fees shall be used by the stallion registration board to defray the expenses of veterinary examination, of enrollment of pedigrees and issuance of licenses. Any funds not so used shall be used to publish reports or bulletins, containing lists of stallions examined; to encourage the horse- and mule-breeding interests of this state; to disseminate information pertaining to horse-breeding, and for any other such purposes as may be necessary to carry out the purposes and enforce the provisions of this act. Sec. 14. It shall be the duty of this board to make annual report, including financial statement, to the governor of the state, and all financial records of said board shall be subject to inspection at any time by the public examiner. Sec. 15. No part of this act shall apply to stallions turned upon the open range, and the term standing for public service, is hereby defined as the service of a stallion for a fee when said stallion is stood at one or more places for public use, where in all more than five mares are served in one season. Sec. 16. No railroad company, transportation company or common carrier shall transport into the State of Nevada any stallion or jack unless accompanied by a state or federal veterinary certificate as provided in section 6 of this act. Violation of this provision shall be punished as provided in section 12 of this act. |
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Sec. 17. The superintendent of state printing is hereby authorized and directed to furnish to the stallion registration board all blanks and other printing necessary in carrying out the provisions of this act. Sec. 18. Stallions and jacks which have been in service in this state more than a year preceding the passage of this act shall not come under the provisions of this act until January 1, 1914. Sec. 19. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 20. This act shall take effect from and after the date of its passage and approval. |
Printing
Certain animals exempt until 1914
Repeal
In effect |
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Chap. 209An Act providing for the prosecution and punishment of crimes, misdemeanors and offenses by information.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The several courts of this state shall have and may exercise the same power and jurisdiction, to try and determine prosecutions upon information for crimes, misdemeanors and offenses, to issue writs and process and do all other acts therein as in cases of like prosecution under indictment. Sec. 2. All information shall be filed in the court having jurisdiction of the offenses specified therein, by the district attorney of the proper county as informant, and his name shall be subscribed thereto by himself or by his deputy. He shall endorse thereon the names of such witnesses as are known to him at the time of filing the same, and shall also endorse upon such information the names of such other witnesses as may become known to him before the trial at such time as the court may, by rule or otherwise prescribe; but this shall not preclude the calling of witnesses whose names, or the materiality of whose testimony are first learned by the district attorney upon the trial. In all cases in which the defendant has not had or waived a preliminary examination there shall be filed with the information the affidavit of some credible person verifying the information upon the personal knowledge of affiant that the offense was committed. Sec. 3. The offense charged in any information shall be stated in plain, concise language without prolixity or unnecessary repetition. Different offenses and the different degrees of the same offense may be joined in one information in all cases where the same might be joined by different counts in one indictment; and in all cases the defendant shall have the same rights as to all proceedings therein as he would have if prosecuted for the same offense under indictment. |
Courts may act upon information for all offenses and crimes
District attorney or deputy must be the informant
Offense stated in plain language |
κ1913 Statutes of Nevada, Page 294 (CHAPTER 209)κ
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Information sufficient, when
Form of information
Information sufficient, when
Proviso
Laws shall apply same as upon indictment |
Sec. 4. The information shall be sufficient if it can be understood therefrom: First-That it is entitled in a court having authority to receive it, though the name of the court be not accurately set forth. Second-That the defendant is named; or if his name cannot be discovered, that he be described by a fictitious name, with a statement that he has refused to discover his real name. Third-That the offense was committed at some place within the jurisdiction of the court. Fourth-That the offense was committed at some time prior to the finding of the indictment. Fifth-That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended. Seventh-That the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction according to the right of the case. The information may be in the following form: State of Nevada, County of .............., ss. In the ..................... court. The State of Nevada against A. B. C. D., district attorney within and for county of ............ in the state aforesaid, in the name and by the authority of the State of Nevada, informs the court that A. B. on the ........... day of .............., A. D. 19...., at the said county of ............., did (here state offense) against the peace and dignity of the State of Nevada. C. D., district attorney. or C. D., district attorney, by H. M., deputy. Sec. 5. No information shall be deemed insufficient, nor shall the trial, judgment, or other proceedings thereon be affected by reason of any defect or imperfection in matters of form which shall not tend to the prejudice of the defendant; and the court may, on application, direct the information to be amended to supply the deficiency or omission when, by such amendments, the nature of the charge shall not be changed and the defendants defense to the action on the merits will not be prejudiced thereby; provided, the court may in its discretion allow a postponement of the trial. Sec. 6. All provisions of law applying to prosecutions upon indictments, to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials and punishments, or the passing or execution of any sentence, and to all other proceedings in cases of indictment, whether in a court of original or appellate jurisdiction, shall to the same extent and in the same manner as near as may be, apply to informations and to all prosecutions and proceedings thereon. Sec. 7. Any person who may, according to law, be committed to jail, or become recognized or held to bail, with sureties for his appearance in court, to answer to any indictment, may in like manner be so committed to jail or become recognized and held to bail for his appearance to answer to any information or indictment, as the case may be. |
κ1913 Statutes of Nevada, Page 295 (CHAPTER 209)κ
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sureties for his appearance in court, to answer to any indictment, may in like manner be so committed to jail or become recognized and held to bail for his appearance to answer to any information or indictment, as the case may be. Sec. 8. It shall be the duty of the district attorney of the proper district to inquire into all cases of preliminary examinations as provided by law, touching the commission of any offense, whether the offenders shall be committed to jail, or be recognized or held to bail; and if the district attorney shall determine in any such case that an information ought not to be filed, he shall file with the clerk of the court having jurisdiction of such supposed offense a written statement containing his reasons, in fact and in law, for not filing any information in such case; and such statement shall be filed within ten days after the holding of such preliminary examination. Sec. 9. An information may be filed against any person for any offense when such person has had a preliminary examination as provided by law, before a justice of the peace, or other examining magistrate or officer, and has been bound over to appear at the court having jurisdiction, or shall have waived his right to such examination; such information shall set forth the crime committed according to the facts. But if a preliminary examination has been waived, or when upon such examination the accused has been discharged, or when the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process shall forthwith issue thereon. Sec. 10. The judge of the court having jurisdiction may in extreme cases, upon affidavit filed with him of the commission of a crime, require the district attorney to prosecute any person for such crime, and may compel by attachment, fine or imprisonment a compliance by the district attorney with the provisions of this section. Sec. 11. Whenever any preliminary examination has been had and the defendant held to appear before a court having jurisdiction of the offense, it shall be the duty of the magistrate or other officer holding such examination to deliver to the clerk of said court within ten days after the holding of such examination the complaint, bonds, affidavits, warrants and a full transcript of the proceedings of such examination. Sec. 12. It shall be the duty of the district attorney of the proper county, by himself or deputy, to be present at and conduct the prosecution in all preliminary examinations where a felony is charged. |
Accused may be jailed same as upon indictment
Duty of district attorney as to commitments and bail
Information, how made
Shall set forth facts
Judge may require district attorney to prosecute
Transcript of preliminary examination filed with clerk |
κ1913 Statutes of Nevada, Page 296 (CHAPTER 209)κ
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District attorney or deputy at preliminary examination Deputy same as principal Not to affect pending cases |
and conduct the prosecution in all preliminary examinations where a felony is charged. Sec. 13. All matters and things required to be done by the district attorney by the provisions of this act may be done with like force and effect by his deputy. Sec. 14. Nothing in this act shall be held to apply to, or in any manner affect, any indictment, trial, writ of error, appeal or other proceeding, judgment or sentence, in cases of the violation of any of the provisions of the criminal law of the State of Nevada now pending in any court in this state, but the same shall be held and conducted and adjudged as provided by the law in force before this act shall take effect. Any offense which shall have been committed before this act takes effect shall be inquired of, prosecuted and punished in accordance with the law in force at the time of the commission of such offense. |
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Killing of animals by railroads to be reported by employees
Penalty for employee neglecting to report |
Chap. 210An Act requiring the giving of notice of live stock killed or injured by locomotives or cars, and providing a penalty for failure to give notice of live stock so killed or injured, and repealing an act entitled An act requiring railways to give public notice of live stock killed or injured by their locomotives or cars; providing a penalty for failing or neglecting so to do, approved March 24, 1911.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every conductor, engineer, section foreman, or other employee of any corporation, receiver, association, partnership, or person operating a railroad in this state who has personal knowledge of the injury or killing of any live stock of any description by the running of any engine or engines, car or cars over or against any such live stock, shall immediately report the same by notice in writing to the general superintendent or division superintendent of the railroad for which he is working, unless he is aware that such notice has already been given by some employee of such corporation to such general superintendent or division superintendent. Sec. 2. Every conductor, engineer, section foreman, or other employee of any corporation, receiver, association, partnership, or person operating a railroad in this state that shall fail or neglect to comply with the provisions of the preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), or be imprisoned in the county jail not less than ten (10) days nor more than thirty (30) days, or be punished by both such fine and imprisonment. |
κ1913 Statutes of Nevada, Page 297 (CHAPTER 210)κ
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(10) days nor more than thirty (30) days, or be punished by both such fine and imprisonment. Sec. 3. Every person, association, or corporation operating a railroad within this state, or receiver of an association or corporation so operating, that shall injure or kill any live stock of any description by the running of any engine or engines, car or cars, over or against any such live stock, shall within five days thereafter post for a period of at least thirty days at the first railroad station in each direction from the place of such injury or killing, a notice in writing in some conspicuous place on the outside of such stations, and within ten days after such injury or killing of any such live stock file a duplicate of such notice with the county clerk of the county in which the stock is injured or killed, which notice shall contain the number and kind of animals so injured or killed, and a full description of each, with the time and place, as near as may be, of such injury or killing, and shall be dated and signed by some officer or agent of such person, association or corporation operating such railroad. Sec. 4. Every corporation, receiver, association, or person which shall fail, neglect or refuse to comply with the provisions of the preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars ($25) nor more than two hundred and fifty dollars ($250). Sec. 5. An act entitled An act requiring railways to give public notice of live stock killed or injured by their locomotives or cars, providing a penalty for failing or neglecting so to do, approved March 24, 1911, is hereby repealed. |
Railroads to post notice describing live stock killed
Duplicate notice filed with county clerk
Penalties for railroads
Previous act repealed |
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Chap. 211An Act to amend sections one hundred ninety-one, one hundred ninety-four, one hundred ninety-six, and one hundred ninety-seven of an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred ninety-one of said act is hereby amended to read as follows: Section 191. Any school district of the state, now existing or which may hereafter be created, is hereby authorized to borrow money for the purpose of erecting and furnishing a school building, or buildings, maintaining the same, purchasing grounds on which to erect such building, or buildings, or for refunding floating or bonded indebtedness, whenever the board determine that it can be done to advantage of the district, or for any, all or either of these purposes, by issuing the negotiable coupon bonds of the district in the manner by this act provided. |
Authorizing school districts generally to issue bonds |
κ1913 Statutes of Nevada, Page 298 (CHAPTER 211)κ
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After election ratifying bonds, school trustees to act upon their own initiative
Proposed sale of bonds published
Bonds signed by school and county officers
Register of bonds |
trict, or for any, all or either of these purposes, by issuing the negotiable coupon bonds of the district in the manner by this act provided. Sec. 2. Sections one hundred ninety-four, one hundred ninety-five, one hundred ninety-six, and one hundred ninety-seven of said act are hereby amended to read as follows: Section 194. If upon the official determination of the result of such election it appear that a majority of all the vote cast is for the bonds, the board of trustees shall regardless of any of the provisions of subdivisions 2 and 4 of section 67 of the act hereby amended, and as soon as practicable, and for the purpose stated in the notice of election, 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 six (6) per centum per annum, payable semiannually, both principal and interest payable at such place as the board of trustees shall direct; the 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; the board, however, may reserve the right to reject any and all bids and sell the bonds at not less than their par value and at private sale, if they deem it for the best interests of the district; 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. Section 195. All bonds issued under the provisions of this act shall be signed by the chairman of the board of trustees, attested by the clerk thereof, sealed with the district seal, and countersigned by the county treasurer; and the interest coupons to be attached thereto shall be signed by the original or engraved fac simile signatures of said chairman, clerk and treasurer. Section 196. Before any district shall issue bonds under the provisions of this act, all such bonds shall, by the county treasurer be registered in a book kept for that purpose in his office, which registry shall show the school district, the amount, the time of payment, and 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. After such registry, the county treasurer shall cause said bonds to be delivered to the purchasers of the same from the board of trustees, upon payment being made therefor. Section 197. Whenever any school district shall issue any bonds under the provisions of this act, or shall have any bonds outstanding, it shall be the duty of the board of county 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, including the net proceeds of mines, |
κ1913 Statutes of Nevada, Page 299 (CHAPTER 211)κ
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missioners 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, including the net proceeds of mines, in an amount sufficient to pay the interest accruing thereon promptly when and as the same becomes 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 shall cause said interest to be promptly paid at the place of payment specified in the bonds; 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 in the calendar year following the year in which 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 the taxable property of the school district, including the net proceeds of mines, sufficient to raise annually a proportion of the principal amount of the 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 by the county treasurer in the same manner as the tax for the payment of the interest coupons and when collected shall be known as the ..........................School District Bond 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 and at their place of payment, the county treasurer shall cause such bonds and accrued interest thereon to be paid and duly cancel the same, and certify his action to the board of trustees of the school district; and the said county treasurer shall, if the tax for interest on the bonds for the first year after their date of issue is not collected in time for use in paying the interest coupons maturing during that year, pay the interest accruing on said bonds in said year out of the general county fund and return, as soon as the funds are realized from the taxes for interest on said bonds, and from said interest fund, the amount so borrowed from said general county fund. |
Special tax for interest and redemption of bonds
Sinking fund |
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κ1913 Statutes of Nevada, Page 300κ
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Amending civil practice act
What answer shall contain
Specific denial, when
What kind of denial is barred
Reply to new matter or counterclaim
What reply shall contain |
Chap. 212An Act to amend an act entitled An Act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred four of said Act is hereby amended so as to read as follows: Section 104. The answer of the defendant shall contain: 1. A general or specific denial of the allegations of the complaint intended to be controverted by the defendant. 2. A statement of any new matter constituting a defense or counterclaim. 3. If the claim be verified the denial of each allegation controverted must be specific, and be made positively, or according to the information and belief of the defendant. If the defendant has no information or belief upon the subject sufficient to enable him to answer any allegation or allegations of the complaint he may so state in his answer, and, placing his denial upon that ground, deny the same. If the complaint be not verified a general denial is sufficient, but only puts in issue the material allegations of the complaint. 4. No denial, according to the information and belief of a party, or upon the ground that the party has no information or belief upon the subject sufficient to enable him to answer, shall be permitted where the allegation sought to be denied is presumptively within the knowledge of the party making or seeking to make such denial. Sec. 2. Section one hundred fifteen of said act is hereby amended so as to read as follows: Section 115. When the answer contains new matter constituting a defense, or a counterclaim, the plaintiff shall, within ten (10) days after service of the answer, or within ten (10) days after notice of the overruling of the demurrer thereto, serve and file a reply, which reply shall consist of: 1. A general or specific denial of the allegations in the answer or in the counterclaim intended to be controverted by the plaintiff. 2. Any new matter not inconsistent with the complaint constituting a defense to the matter alleged in the answer; or the matter in the answer may be confessed, and any new matter alleged, not inconsistent with the complaint, which avoids the same. 3. If the answer be verified, the denial of each allegation controverted must be specific and be made positively, or according to the information and belief of the defendant. If the defendant has no information or belief upon the subject sufficient to enable him to answer any allegation or allegations of the answer he may so state in his reply and, placing his denial upon that ground, deny the same. |
κ1913 Statutes of Nevada, Page 301 (CHAPTER 212)κ
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upon that ground, deny the same. If the answer be not verified a general denial is sufficient, but only puts in issue such allegations of the answer as are by law required to be replied to, and only the material allegations thereof. 4. No denial according to the information and belief of a party, or upon the ground that the party has no information or belief upon the subject sufficient to enable him to answer, shall be permitted where the allegation sought to be denied is presumptively within the knowledge of the party making or seeking to make such denial. Sec. 3. Section one hundred sixteen of said act is hereby amended so as to read as follows: Section 116. If the plaintiff fails to demur or reply to the new matter contained in the answer, constituting a defense, the same shall be deemed admitted; and if the plaintiff fails to demur or reply to the counterclaim the same shall be deemed admitted. Sec. 4. Section four hundred seven of said act is hereby amended so as to read as follows: Section 407. If the judgment or order appealed from direct the assignment or delivery of documents, or personal property, the execution of the judgment or order shall not be stayed by or upon appeal, unless the things required to be assigned or delivered be assigned and placed in the custody of such officer or receiver as the court may appoint, and an undertaking be entered into on the part of the appellant, with at least two sureties, to be approved by the court or judge and in such amount as the court or judge thereof may direct, to the effect that the appellant will, if the judgment or order appealed from, or any part thereof, be affirmed, pay to the opposing party on such appeal all damages and costs caused by him by reason of such appeal and the stay of execution thereof. In lieu of the assignment and delivery, and of the undertaking hereinbefore provided for, the appellant may enter into an undertaking, with at least two sureties, to be approved by the court or judge, and in such amount as the court or judge thereof may direct, to the effect that if the judgment or order, or any part thereof, be affirmed, the appellant will obey the order of the appellate court upon the appeal and pay to the opposing party on such appeal all damages and costs caused by reason of said appeal and the stay of execution thereon. Sec. 5. Nothing in this act contained shall be construed to repeal, limit or affect in any way the provisions of an act entitled An act pertaining to the form of denials in pleadings in civil actions in the State of Nevada, approved February 28, 1913. Sec. 6. This act shall take effect from and after its passage and approval. |
Failure to demur or reply admits new matter or counter-claim
Bond on appeal when order directs delivery of certain property or documents
Not to affect previous act In effect |
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κ1913 Statutes of Nevada, Page 302κ
|
Concerning certain floating indebtedness of Lincoln County assumed by Clark County
Clark County to pay Lincoln County proportional share of old indebtedness |
Chap. 213An Act amendatory of and supplemental to an act entitled An act creating and organizing the county of Clark out of a portion of Lincoln County and providing for its government, and to regulate the affairs of Lincoln County and Clark County, approved February 5, 1909.
[Approved March 24, 1913]
Whereas, Section 18 of the above-entitled act provided that at their regular meeting on the first Monday in July, 1909, the county commissioners of Lincoln County should ascertain the total amount of money on hand in the county treasury, except the funds belonging to the various precincts, cities, towns, townships and districts and also the amount of the floating indebtedness of Lincoln County, then deduct the amount of the floating indebtedness from the total amount of the money in the county treasury and apportion the amount of money remaining between Lincoln County and Clark County pro rata according to the assessed valuation of all property within the boundaries of the said counties for the year 1908, and also directing Lincoln County to pay Clark County the amount of money thus determined to be Clark Countys proportion; and Whereas, On the first Monday of July, 1909, the auditing of the funds and accounts of said Lincoln County demonstrated that the amount of the floating indebtedness of said county, theretofore incurred, was in excess of the amount of money then in the treasury of said county, and belonging to the general funds; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act is hereby amended by adding thereto two additional sections, as follows: Section 25. Within sixty days from the date this act becomes a law, the county of Clark in the State of Nevada, shall pay unto the county of Lincoln, in said state, as and for said Clark Countys proportionate share of the certain floating indebtedness of said Lincoln County, existing on the first Monday of July, 1909, regardless of whether the claims or bills for such floating indebtedness, or any part thereof, were presented or filed or registered prior to or after said first Monday of July, 1909, and including in such floating indebtedness the amount of $1,953, which, prior to said first Monday of July, 1909, was contracted by said Lincoln County to be paid for the construction of the certain concrete vault heretofore constructed for the safe keeping of certain of the county records of said Lincoln County, which included many records affecting persons and property now of said county of Clark, that certain amount of money which bears the same proportion to the total amount of said floating indebtedness, as the total assessed valuation, for the year 1908, |
κ1913 Statutes of Nevada, Page 303 (CHAPTER 213)κ
|
for the year 1908, of the property which, upon the division of said county of Lincoln, became and was included within the territory of said county of Clark, bears to the total assessed valuation of the whole of the property assessed for taxation in said county of Lincoln of said year 1908, and the county commissioners, county auditor and county treasurer of said county of Clark are hereby authorized and required to pay, within sixty days from the date this act becomes a law, into the county treasury of said county of Lincoln, for said county of Lincoln, the full amount of money hereinbefore provided to be paid by said county of Clark to said county of Lincoln. Section 26. Within sixty days from the date this act becomes a law, the said county of Lincoln shall pay unto the said county of Clark the total amount of all moneys now due and owing by said county of Lincoln unto said county of Clark, under and by virtue of the provisions of said act, of which this act is amendatory and to which same is supplemental, and, using the same proportionate basis of computation as is prescribed in the preceding section 25, said county of Lincoln, within the same time hereinbefore specified, shall pay unto said county of Clark the total amount of all other moneys which heretofore have been paid to the county treasurer of said Lincoln County, and which rightfully belong to said county of Clark, and the county commissioners, county auditor and county treasurer of said county of Lincoln, are hereby authorized and required to pay within sixty days from the date this act becomes a law, into the county treasury of said county of Clark, for said county of Clark, such total amount of such moneys. Sec. 2. All acts and parts of acts in conflict with any of the provisions of this act are hereby repealed. Sec. 3. This act shall become effective from and after its passage and approval. |
Lincoln County to pay its indebtedness to Clark County
Repeal
In effect |
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Chap. 214An Act to provide for the better preservation of public roads and highways.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All persons, associations, firms, or corporations conducting water across any public road or highway in this state, or across any street or alley in any unincorporated town of this state, for domestic, mining, agricultural, or manufacturing purposes, is hereby required to construct, repair and maintain, at their own expense, good and substantial culverts, as the case may be, over such crossings, and shall in no case, allow any stream of water, diverted from its natural channel, to flood or wash any public road, or any street or alley in any unincorporated town of this state. |
Ditches maintained so as not to injure streets or highways |
κ1913 Statutes of Nevada, Page 304 (CHAPTER 214)κ
|
Built according to approved plans
Duty of chairman of county commissioners to see law is observed
Ditch owners liable for construction and repairs
Legal action commenced, when
Disposition of money collected
Repeal
Exception |
any unincorporated town of this state. The constitution and repairing of said bridge or culvert shall be performed according to a standard plan and specifications to be prescribed by the board of county commissioners of the county wherein said crossing is situated, and the work of construction or repairing shall be approved by said board. Sec. 2. It is hereby made the duty of the chairman of the board of county commissioners to at once notify the party or parties violating the provisions of this act to make such construction or repair as may be necessary; and, if such person or persons, firm, association, or corporation shall refuse or neglect to make the same for a period of five days, after receiving such notice, then it shall be the duty of the chairman of the board of county commissioners to immediately cause the necessary construction or repairing to be made according to said standard plan and specification, and to submit in duplicate to the board of county commissioners and the district attorney, itemized bills for the expense so incurred, which should be allowed and paid as other bills against the road fund of the district in which said construction or repairing is made, and, in case there be no moneys in the said fund, then out of any moneys in the general fund not otherwise appropriated. Sec. 3. Any person, association, firm, or corporation, owning, leasing, operating, or controlling any flume, ditch, canal, or any aqueduct conducting water across any public road or highway in this state, or across any street or alley in any unincorporated town in this state, for domestic, mining, agricultural, or manufacturing purposes, shall be liable for the amount of the expenses incurred by the chairman of the board of county commissioners in the construction or repairing of the said bridge or culvert, to be recovered by a civil action. Sec. 4. It shall be the duty of the district attorney receiving such bill of expense, as provided in section 2 of this act, to immediately commence an action in any court of competent jurisdiction, for the recovery of such an amount as is set forth in the itemized bill of expense aforesaid, together with the cost of the suit. Sec. 5. All moneys collected, after paying costs of suit, shall be returned and paid into the fund from which the original bill of expense named in section 2 of this act, shall have been allowed and paid by the board of county commissioners. Sec. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed; provided, that nothing in this act shall be construed to repeal an act entitled An act to protect public roads and highways from damage by water, and to provide a penalty for a failure to do so, approved March 18, 1911. |
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κ1913 Statutes of Nevada, Page 305κ
|
Chap. 215An Act to require the sprinkling of dusty ore and rock in mines and ore-houses, compelling the installation of devices therefor, and providing a penalty for violation thereof.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every corporation, company, owner or operator of a mine in this state shall equip all chutes from which dusty ore or rock is taken with a sprinkler or other device with which to effectively dampen said ore or rock to prevent the escape of dust into the air during removal, providing that whenever in the opinion of the inspector of mines the installation of said device in any property is impracticable he shall have the power to exempt such property. Sec. 2. Whenever a sprinkling device is installed at any chute for the purpose of preventing the escape of dust it shall be so placed that it can be operated by the workman loading cars from such chute. Sec. 3. Every ore-house where dusty ore or rock is sorted, shall be supplied at all times with suitable clean water, which shall be used for the purpose of sprinkling said ore or rock to allay the dust. Nothing in this act shall apply to mines employing less than ten men or to chutes that are loaded in the open air. Sec. 4. Any corporation, company, owner or operator who fails or refuses to install the sprinkling or watering device hereinabove provided for shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment. Sec. 5. This act shall take effect and be in full force from and after ninety days next following its passage and approval. |
Sprinklers for dusty ore in mines and ore-houses
Workman to operate device
Clean water to be used
Operation of act limited
Penalties for noncompliance
In effect June 24, 1913 |
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Chap. 216An Act to provide for the transfer of children from one school district to an adjoining school district in the same county, and other matters properly related thereto.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any board of school trustees is authorized and empowered to make arrangements with the board of school trustees of an adjoining district in the same county for the attendance of children in either district that may be most convenient for such children, whenever the parent or parents, guardian or guardians of said children shall present a written request therefor to the school board of the district in which such children reside, accompanied by a written permit from the school board of the district in which said children desire to attend. |
When pupils may be transferred from one school district to another |
κ1913 Statutes of Nevada, Page 306 (CHAPTER 216)κ
|
Transfer of school funds
Proviso
Superintendent of public instruction to settle disputes
Repeal |
request therefor to the school board of the district in which such children reside, accompanied by a written permit from the school board of the district in which said children desire to attend. And whenever the two boards of trustees in interest shall agree upon the transfer of said children, and notice thereof shall be given to the superintendent of public instruction by either of said school boards, said superintendent shall direct the county auditor and the county treasurer of the county in which such districts are situated to transfer from the funds of the district in which such children live to the credit of the funds of the district in which they are attending, the pro rata of state and county moneys apportioned to each child in the county for each of such children as shown by the last preceding semiannual apportionment; provided, that such moneys shall be transferred but twice each year, first at about the middle of any year of attendance, and again at the close; and such transfer shall cover only those in attendance during the period for which the transfer of moneys is made. Sec. 2. In case of disagreement as to the transfer of children as provided for in section 1 of this act, the superintendent of public instruction shall, on request of the parties named in section 1 of this act, make due inquiry in the premises; and if said officer is satisfied that the school board of the adjoining district is willing to receive such children and that such children ought to have the privilege of attending in said district, he may decide that they may so attend, and he shall direct the county auditor and the county treasurer to make the transfer of school moneys in the manner provided in section 1 of this act. Sec. 3. All acts or parts of acts in conflict herewith are hereby repealed. |
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County commissioners to reestablish boundaries of indefinite road or school districts
To conform to U. S. surveys |
Chap. 217An Act authorizing the county commissioners of the various counties to reestablish the boundaries of school districts, and road districts in their respective counties.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county commissioners of any county in the state are hereby authorized to reestablish the boundaries of any school district or road district within the county whenever they shall deem the boundary of such school district or road district indistinct or indefinite as such boundary appears upon the records of the county commissioners. Sec. 2. Whenever the county commissioners shall reestablish the boundaries of school districts or road districts in accordance with this act, they shall make the new boundaries that they shall set forth for such school districts or road districts conform to the legal land surveys of the United States government so far as is possible. |
κ1913 Statutes of Nevada, Page 307 (CHAPTER 217)κ
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conform to the legal land surveys of the United States government so far as is possible. Sec. 3. Whenever the county commissioners shall reestablish the boundaries of school districts or road districts in accordance with this act they shall arrange the new boundaries so that all properties and residences that were in the school districts or road districts previous to the reestablishment of boundaries for such school districts or road districts under this act shall be within the new boundaries that the commissioners may establish under this act; provided, that whenever the heads of families and taxpayers of any school district shall present a petition signed by at least three-fifths of such heads of families and taxpayers to the county commissioners praying that the boundaries of such school district shall be determined in accordance with their petition, the county commissioners shall, when reestablishing such boundaries, make the new boundaries conform as nearly as possible to the boundary described in the aforesaid petition. Sec. 4. Whenever the county commissioners shall decide that the boundaries of any school district or road district is so indefinite upon the records of the county as to make it impossible to decide in which school district or road district certain properties or residences may be located, they shall proceed to establish the new boundaries for such school district or road district as they shall deem best and for the welfare of the county. Sec. 5. Nothing in this act shall be construed so as to release any property from taxation for any bond issue that the property shall have been subject to previous to any new establishment of boundaries of any school district in accordance with this act. Sec. 6. All acts or parts of acts in conflict with this act are hereby repealed. |
New boundaries to include same property as old districts
Proviso
Commissioners to use discretion
No property to escape taxation
Repeal |
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Chap. 218An Act to purchase for the use and benefit of the Nevada state university and Nevada historical society a collection of minerals, specimens and historical curios, and to provide an appropriation therefor.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of four hundred fifty-eight dollars is hereby appropriated out of any moneys in the general fund in the treasury of the State of Nevada for the purchase for G. W. Robinson of Virginia City, Storey County, State of Nevada, for a certain collection of minerals, specimens, ores and historical curios known as and called The Virginia City Exempt Firemans Collection; and certain other minerals, specimens, ores and historical curios added to the above-mentioned collection by said G. W. Robinson for the use and benefit of the Nevada state university and Nevada historical society, |
Purchase of mineral cabinet for university; appropriation, $458 |
κ1913 Statutes of Nevada, Page 308 (CHAPTER 218)κ
|
Duties of controller and treasurer |
and historical curios added to the above-mentioned collection by said G. W. Robinson for the use and benefit of the Nevada state university and Nevada historical society, all of which collection is now at the Nevada state university. Sec. 2. The state controller of the State of Nevada is hereby authorized and directed to draw his warrant in favor of the above-named G. W. Robinson for said sum of four hundred fifty-eight dollars for said property, and the state treasurer of the State of Nevada is hereby directed to pay the same. |
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Concerning refund of taxes paid to sate by Lincoln County |
Chap. 219An Act for the relief of the county of Lincoln, in the State of Nevada.
[Approved March 24, 1913]
Whereas, Section 14 of An act fixing the salaries of the county officers of Lincoln County, and providing for the compensation of a deputy sheriff therein, approved February 17, 1887, said act being chapter 56 of the Statutes of 1887, reads as follows: The State of Nevada shall allow the county of Lincoln, for the services named in the revenue act, for the auditor, a sum equal to the proportion of the state tax to the whole tax levied in the county on the basis of one hundred dollars per month for that officer; for the assessor, a sum equal to the proportion of the state tax to the whole tax levied in the county on the basis of the salary allowed by this act; for the treasurer four per cent on all moneys paid to the state after deducting school moneys. The allowances shall be made at the times of the semiannual settlements provided by law, upon vouchers furnished the county treasurer by the board of county commissioners; and Whereas, Said act and said section 14 thereof has not been amended or repealed, and, at all times since its passage and approval has been and still is in full force and effect; but Whereas, In the manner of making the certain semiannual settlements with the State of Nevada, for the certain respective semiannual periods of time hereinafter set forth, the said county of Lincoln acting through its respective boards of county commissioners and respective county treasurers, erroneously and mistakenly, from the moneys collected, during said periods of time, by said county of Lincoln for the State of Nevada, other than the state school moneys, deducted, as and for the certain respective amounts due said county of Lincoln for the services performed by its auditor and its assessor, in connection with collecting said moneys, certain respective amounts based upon a certain county tax rate which, in computing said amounts, was treated as having remained unchanged during all of the period of time embracing the said certain respective periods during which said services were rendered, notwithstanding the county tax rate of said county of Lincoln was changed, from time to time, during said period, to meet occurring variances in conditions existing in said county; and |
κ1913 Statutes of Nevada, Page 309 (CHAPTER 219)κ
|
rendered, notwithstanding the county tax rate of said county of Lincoln was changed, from time to time, during said period, to meet occurring variances in conditions existing in said county; and Whereas, In making said certain semiannual statements, the several respective amounts deducted by the said county of Lincoln, acting through its said officers hereinbefore mentioned, for the services performed by the treasurer of said county, for and on behalf of the State of Nevada, during the certain respective periods of time covered by such settlements, in connection with the collection of the state moneys, other than state school moneys, collected during said periods, were mistakenly and erroneously computed upon the basis of the salary of said county treasurer; and Whereas, The deductions made as hereinbefore stated, in the aggregate were materially less, as will hereinafter appear, than the aggregate amount actually due the said county of Lincoln for said services of its auditor, its assessor and treasurer; and Whereas, The said State of Nevada, acting through its regularly constituted officials who were duly authorized to make such settlements with each of the several counties of this state, mistakenly and erroneously accepted each of such several erroneous amounts, erroneously and mistakenly computed as aforesaid; and Whereas, As a result of such insufficient deductions, the said county of Lincoln has overpaid the State of Nevada as follows, to wit: For the period from June 5, 1905, to Dec. 4, 1905........................... $441.57 For the period from Dec. 4, 1905, to June 11, 1906......................... 303.36 For the period from June 11, 1906, to Dec. 10, 1906....................... 563.94 For the period from Dec. 10, 1906, to June 10, 1907....................... 531.32 For the period from June 10, 1907, to Dec. 9, 1907......................... 714.65 For the period from Dec. 9, 1907, to June 1, 1908........................... 507.96 For the period from June 1, 1908, to Dec. 7, 1908........................... 761.19 For the period from Dec. 7, 1908, to June 7, 1909........................... 444.87 For the period from June 7, 1909, to Dec. 7, 1909........................... 114.03 For the period from June 6, 1910, to Dec. 5, 1910........................... 14.96 For the period from June 5, 1911, to Dec. 4, 1911........................... 163.15 $4,561.00 Said payments aggregating the sum of four thousand five hundred and sixty-one dollars, no part of which has been refunded by the State of Nevada unto said county of Lincoln; and Whereas, On account of erroneous deductions, based upon the aforesaid and mistaken and erroneous basis of computation, the said county of Lincoln, for the services rendered the State of Nevada, by the certain auditors, assessors and treasurers of said county during the respective periods of time hereinafter stated, has underpaid the State of Nevada as follows: |
Concerning refund of taxes paid to state by Lincoln County |
κ1913 Statutes of Nevada, Page 310 (CHAPTER 219)κ
|
Concerning refund of taxes paid to state by Lincoln County
Appropriation, $4,486.90
Duties of controller and treasurer |
For the period from Dec. 7, 1909, to June 6, 1910........................... $31.33 For the period from Dec. 5, 1910, to June 5, 1911........................... 42.77 and, $74.10 Whereas; After deducting said sum of seventy-four dollars and ten cents, the aggregate amount the State of Nevada has been underpaid by said county of Lincoln, from said sum of four thousand five hundred and sixty-one dollars, the aggregate amount of such excessive payments made by said county unto said state, there now exists a balance of four thousand four hundred and eighty-six dollars and ninety cents ($4,486.90) in which the State of Nevada is justly and equitably indebted unto said county of Lincoln; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That for the purpose of paying the said balance of four thousand four hundred and eighty-six dollars and ninety cents ($4,486.90) due the said county of Lincoln by the State of Nevada as aforesaid, there be and is hereby appropriated out of and from any moneys in the state treasury of the State of Nevada, not otherwise appropriated, the said sum of four thousand four hundred and eighty-six dollars and ninety cents ($4,486.90). Sec. 2. The state controller of the State of Nevada is hereby authorized and required to draw his warrant forthwith upon the state treasury of the State of Nevada, in favor of the county treasurer of the said county of Lincoln, for the said amount of four thousand four hundred and eighty-six dollars and ninety cents ($4,486.90), and the state treasurer is hereby authorized and required to pay the same. |
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κ1913 Statutes of Nevada, Page 311κ
|
Chap. 220An Act making appropriation so as to put into immediate operation the provisions of that certain act entitled An act relating to the compensation of injured workmen in the industries of this state, and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 17, 1913.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of putting into immediate operation the provisions of that certain act entitled An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 17, 1913, there is hereby appropriated out of any moneys in the treasury, not otherwise appropriated the sum of two thousand dollars, to be paid to the Nevada Industrial Commission, created under section 8 of said act, and the state controller is hereby directed to draw his warrant for said sum in favor of said commission, and the state treasurer is directed to pay the same. Sec. 2. Within six months after the receipt of the sum of money mentioned in section 1 of this act by the said Nevada Industrial Commission, said commission shall out of the funds received by it under section 21 of the above-entitled act repay the said sum of two thousand dollars to the state treasury. |
Temporary appropriation, $2,000, to Nevada industrial insurance commission
To be repaid within six months |
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κ1913 Statutes of Nevada, Page 312κ
|
For determination of boundary between Nye and Esmeralda County
Three surveyors, how appointed
Survey to conform to U. S. practice
Expenses shared equally
Certain sections must be included in Nye County
Surveyed line to be true boundary |
Chap. 221An Act to definitely determine the boundary line between Esmeralda County and Nye County, and to detach a portion of Esmeralda County from said county and attach the same to Nye County.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The boundary line between Nye County and Esmeralda County shall be determined by a joint survey as herein provided. The county of Nye shall appoint a competent surveyor, who shall act with a competent surveyor to be appointed by the county of Esmeralda; the two surveyors so appointed shall appoint a third competent surveyor. The appointing power herein provided shall be vested in the county commissioners of the two counties, where the counties are vested with the appointing power. The three surveyors appointed as herein provided shall constitute a board of surveyors, who shall jointly run and determine the actual boundary line between the said counties, according to the law of 1875 (Acts of 1875, page 102), beginning at the Nevada-California line and running thence northerly and northwesterly to the Hot Springs mentioned in said acts of 1875. The survey shall be in accordance with the practice of the United States surveyor-generals office in running township lines and establishing monuments thereon. Sec. 2. The expense of the survey herein provided for shall be divided equally between the said Esmeralda and Nye Counties. Such survey shall be completed on or before January 1, 1914, and blue-prints of maps and a copy of the field-notes of such survey shall be filed with the county clerk of each county and with the state surveyor-general and with the U.S. surveyor-general for Nevada. Sec. 3. The board of surveyors, as herein provided, are hereby further directed and required to include within the boundaries of Nye County all those certain sections specified in section 1 of an act entitled An act to incorporate the city of Tonopah, and to establish a city government therefor, and prescribing duties of county officers relative thereto (Acts of 1903, page 163), and all of such sections of land so described and specified are hereby made a part of Nye County, and the board of surveyors shall include such parcels of land within the boundaries of Nye County in such a manner as a majority of the board of surveyors may deem wise. Sec. 4. The surveyed boundary line as determined according to the provisions of this act shall be the true boundary line between the counties of Nye and Esmeralda. |
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κ1913 Statutes of Nevada, Page 313κ
|
Chap. 222An Act in relation to courts of record, to prevent unnecessary delay in rendering judicial decisions, and repealing a certain act in conflict therewith.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the clerk of the supreme court, and the county clerk of each county, on or before the fifth day of each calendar month, to publish a list of all cases submitted to the court of which he is clerk, and which remain undecided for a period of more than ninety days, together with the date of original submission, and the dates of any orders of resubmission. Such publication shall be made in a newspaper, publishing official advertising for the state or county. It shall not be necessary to publish the full title of each case, but the number of the case and so much of the title as is sufficient to identify the same shall be published. Sec. 2. Each justice of the supreme court shall, before receiving any monthly salary, file with the clerk of the supreme court and with the state controller an affidavit in which shall be stated the number of cases submitted to the supreme court and which remain undetermined; the number of cases assigned to such justice to prepare an opinion for the court, and in which no such opinion has been prepared; that no case has been assigned to him for preparation of an opinion for a period of more than ninety days in which he has not prepared an opinion for submission to his associate members of the court. Sec. 3. The clerk of the supreme court shall include in his published statement of cases submitted, the number of cases assigned to each justice in which opinions have not been prepared as shown by the affidavits of the justices filed with him. Sec. 4. Immediately upon a case being submitted to the supreme court it shall be assigned to one member of the court for the preparation of an opinion therein. Sec. 5. Each district judge shall, before receiving any monthly salary, file with the clerk of each county within his district and with the state controller, an affidavit, in which shall be set forth the number of cases, motions or other matters submitted to him as such district judge in and for each county embraced within his district which remain undecided and that no such case, motion or matter remains undecided which has been submitted for a period of more than ninety days. Sec. 6. A case, motion or other matter submitted to the supreme court, or to a district judge for decision, shall not be ordered resubmitted so as to affect the provisions of this act, except by stipulation or consent of counsel in the case, filed or entered of record. Sec. 7. Nothing in the act shall affect the right of a court to reopen a case for further evidence or reargument. |
To expedite judicial decisions
Clerks to publish cases
Justices of supreme court to make affidavit concerning cases in supreme court
Clerk to publish number of cases assigned each justice Immediate assignment
District judge to make affidavit
Resubmission of cases restricted
Not to affect reopening case |
κ1913 Statutes of Nevada, Page 314 (CHAPTER 222)κ
|
Repeal of certain act
In effect June 1, 1913 |
Sec. 8. An act entitled An act to prevent unnecessary delay in rendering judicial decisions by the courts of this state, approved March 5, 1891, is hereby repealed. Sec. 9. This act shall be in force on and after June 1, 1913. |
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Amending Reno incorporation act
City clerks salary, $1,800 per annum |
Chap. 223An Act to amend the title of, and to amend section two, of an act entitled An act to amend an act entitled An act to incorporate the town of Reno, and to establish a city government therefor, approved March 16, 1903, approved March 13, 1905, approved March 28, 1907.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The title of the act entitled An act to amend an act entitled An act to incorporate the town of Reno and to establish a city government therefor, approved March 16, 1903, approved March 13, 1905, approved March 28, 1907, is hereby amended so as to read as follows: An act to amend section five of article four of an act entitled An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto. Sec. 2. Section two of said act is hereby amended so as to read as follows: Section 2. Section five of article four of said act is hereby amended so as to read as follows: Section 5. The city clerk shall receive a salary in the sum of eighteen hundred dollars per annum from and after the passage of this act, which sum shall be paid in twelve monthly installments of one hundred and fifty dollars each. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. |
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κ1913 Statutes of Nevada, Page 315κ
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Chap. 224An Act to amend an act entitled An act creating the office of inspector of mines, fixing his duties and powers; providing for the appointment of a deputy and fixing the compensation of both; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney-general and district attorneys in relation to suits instituted by the inspector of mines, approved March 24, 1909.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twenty-two of the above-entitled act, the same being section 4219 of the Revised Laws of Nevada (1912), is hereby amended so as to read as follows: Section 22. Use of gasoline underground is forbidden, except as follows: Gas engines of not more than eight horsepower may be operated not more than one hundred feet below the surface, providing said engine exhausts into a pipe which extends to the surface; or to a depth of two hundred fifty feet below the surface, providing the exhaust from said engine is attached to a pipe through which air is drawn by means of a suction fan, or otherwise, to the surface. All engines and their method of installation as provided in this section shall be subject to the approval of the inspector of mines of the State of Nevada. |
Gas engines over eight horsepower allowed underground; certain conditions |
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Chap. 225An Act providing for the disposition of a portion of the patients deposit fund of the Nevada hospital for mental diseases.
[Approved March 24, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of the fund known as the patients deposit fund of the Nevada hospital for mental diseases the sum of fifteen hundred ($1,500) dollars. Said sum is to be expended by the superintendent of said Nevada hospital for mental diseases, under the supervision of the board of commissioners for the care of the insane in providing for the amusement, instruction and recreation of the patients of said Nevada hospital for mental diseases and for the furnishing and adornment of said hospital. All disbursements from the fund hereby appropriated shall be on certificates of the said superintendent approved by the said board of examiners, and the state controller shall then draw his warrants therefor and the state treasurer pay the same. |
Of patients deposit fund, $1,500 appropriated for amusements, etc. |
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κ1913 Statutes of Nevada, Page 316κ
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Manufacture or traffic in or importation of adulterated food, drugs, medicines, and liquors prohibited
Proviso
Food defined
Standard defined |
Chap. 226An Act for preventing the manufacture, sale or transportation of adulterated, mislabeled or misbranded, or poisonous or deleterious foods, drugs, medicines and liquors, and for regulating the manufacture and traffic therein, and providing penalties for the violation thereof, and repealing all acts in conflict therewith.
[Approved March 25, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of Nevada, or the introduction into this state from any other state, territory, or the District of Columbia, or from any foreign country, of any article of food, drug or liquor which is adulterated, mislabeled, or misbranded within the meaning of this act is hereby prohibited. Any person, firm, company, society or corporation who shall import or receive from any other state or territory, or the District of Columbia, or from any foreign country, or who, having so received, shall deliver for pay or otherwise, or offer to deliver to any other person any article of food, drug, or liquor adulterated, mislabeled or misbranded within the meaning of this act, or any person who shall manufacture or produce, prepare or compound, or pack or sell or offer for sale, or keep for sale in the State of Nevada any such adulterated, mislabeled or misbranded food, drug or liquor shall be guilty of a misdemeanor; provided, that no article of food shall be deemed adulterated, mislabeled or misbranded within the provisions of this act, when prepared for export beyond the jurisdiction of the United States and prepared or packed according to specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if such foods shall be in fact sold, or kept or offered for sale for domestic uses and consumption, then this proviso shall not exempt said article from the operation of any provision of this act. Sec. 2. The term food, as used in this act, shall include all articles used for food, drink, liquor, confectionery, or condiment by man or other animals, whether simple, mixed or compound. Sec. 3. The standard of purity of foods, drugs, and liquors shall be that proclaimed by the secretary of the United States department of agriculture, and the regulations and definitions adopted for the enforcement of the national food and drugs act of June 30, 1906, shall be adopted by the Nevada agricultural experiment station for the enforcement of this act. Sec. 4. Food shall be deemed adulterated within the meaning of this act, in any of the following cases: |
κ1913 Statutes of Nevada, Page 317 (CHAPTER 226)κ
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First-If any substance has been mixed or packed, or mixed and packed with the food so as to reduce or lower or injuriously affect its quality, purity, strength, or food value. Second-If any substance has been substituted wholly or in part for the article of food. Third-If any essential or any valuable constituent or ingredient of any article of food has been wholly or in part abstracted. Fourth-If it be mixed, colored, powdered, coated, or stained in any manner whereby damage or inferiority is concealed. Fifth-If it contain any added poisonous, or other added deleterious ingredient. Sixth-If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal or vegetable unfit for food, whether manufactured or not, or if it consists in whole or in part or is the product of a diseased animal, or one that has died otherwise than by slaughter; provided, that an article of liquor shall not be deemed adulterated, mislabeled or misbranded if it be blended or mixed with like substances so as not to injuriously reduce or injuriously lower or injuriously affect its quality, purity, or strength. Seventh-If, in the manufacture, sale, distribution or transportation, it is not at all times securely protected from filth, flies, dust or other contamination or other unclean, unhealthy or unsanitary conditions. Eighth-In the case of confectionery: If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredients deleterious or detrimental to health, or vinous, malt or spirituous liquor, or compound or narcotic drug. Sec. 5. That the term drug, as used in this act, shall include all medicines and preparations recognized in the United States pharmacopoeia or national formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. Sec. 6. The standard of purity of drugs shall be the United States pharmacopoeia and national formulary official at the time of investigation. Sec. 7. Drugs shall be deemed adulterated within the meaning of this act in any of the following cases: First-If, when a drug is sold under or by a name recognized in the United States pharmacopoeia or national formulary, it differs from the standard of strength or purity as determined by the tests laid down in the United States pharmacopoeia or national formulary official at the time of the investigation; provided, that no drug defined in the United States pharmacopoeia or national formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon the package thereof, although the standard may differ from that determined by the tests laid down in the United States pharmacopoeia or national formulary. |
What constitutes adulteration
Proviso as to blended liquor
Protected from dirt, etc.
Confectionery
Drug defined
U. S. standard required
What constitutes adulteration of drugs |
κ1913 Statutes of Nevada, Page 318 (CHAPTER 226)κ
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Misbranded defined
Mislabeled or misbranded, when
Proviso
Package defined |
the standard may differ from that determined by the tests laid down in the United States pharmacopoeia or national formulary. Second-If the strength or purity fall below the professed standard of purity under which it is sold. Sec. 8. That the term misbranded, as used herein, shall apply to all liquors, drugs, or articles of food, or articles which enter into the composition of foods, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product, liquor or drug which is falsely branded as to the county, city, or country town, state, territory, District of Columbia, or foreign country in which it is manufactured or produced. Sec. 9. Food, liquor and drugs shall be deemed mislabeled or misbranded within the meaning of this act in any of the following cases: First-If it be an imitation of or offered for sale under the distinctive name of another article of food, liquor or drugs. Second-If it be labeled or colored or branded so as to deceive, mislead or tend to deceive or mislead the purchaser, or if it be falsely labeled in any respect, or if it purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package. Third-If in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package. Fourth-If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular. Fifth-When any package bears the name of the manufacturers, jobbers or sellers, or the grade or class of the product, it must bear the name of the real manufacturers, jobbers or sellers and the true grade or class of the product, the same to be expressed in clear and distinct English words in legible type; provided, that an article of food shall not be deemed misbranded, if it be a well-known food product of a nature, quality and appearance, and so exposed to public inspection as not to deceive or mislead nor tend to deceive or mislead a purchaser, and not misbranded and not of the character included within the definitions one and four of this section. Sixth-In the case of drugs: If its package or label shall bear any statement, design, or device regarding the curative or therapeutic effects of such article which is false or fraudulent. Sec. 10. The term package, as used in this act, shall be construed to include any phial, bottle, jar, demijohn, carton, bag, case, can, box or barrel, or any receptacle, vessel or container of whatsoever material or nature which can be used by a manufacturer, producer, jobber, packer or dealer, for enclosing any article of food. |
κ1913 Statutes of Nevada, Page 319 (CHAPTER 226)κ
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a manufacturer, producer, jobber, packer or dealer, for enclosing any article of food. Sec. 11. The possession of any adulterated, mislabeled or misbranded article of food, liquor or drug by any manufacturer, producer, jobber, packer or dealer in food, liquor or drugs, or by any broker, commission merchant, agent, employee, or servant of any such manufacturer, producer, jobber, packer, or dealer, shall be prima facie evidence of the violation of this act. Sec. 12. The board of control of the Nevada agricultural experiment station shall designate and appoint for the enforcement of this act a commissioner and such other agent or agents as it may deem necessary, and the sheriffs of the respective counties of the state are hereby appointed and constituted agents for the enforcement of this act. Sec. 13. The Nevada agricultural experiment station shall make examination and analysis of food products, liquors and drugs, on sale in Nevada, suspected of being adulterated, mislabeled or misbranded, at such times and places and to such extent as the said commissioner, with the approval of the board of control, may determine, and the said commissioner shall make uniform rules and regulations for the carrying out of the provisions of this act, and such commissioner, agent or agents and sheriffs shall have free access at all reasonable hours for the purpose of examining into any place wherein it is suspected any article of food, drug or liquor adulterated with any deleterious or foreign ingredient or ingredients exists, and such commissioners, agents or sheriffs, upon tendering the market price of said article, if a sale be refused, may take from any person, firm or corporation samples of any articles suspected of being adulterated as aforesaid, and the board of control of the said experiment station may adopt and affix standards of purity, quality or strength when such standards are not specified or fixed by statute. Sec. 14. The said commissioner, with the approval of the board of control of the said experiment station, shall make uniform rules and regulations for the sanitary inspection of any place where food, drugs or liquors are prepared, sold, or offered for sale. If, in the opinion of said commissioner, or other agent of said experiment station, after an investigation of any place where foods, drugs or liquors are prepared, sold or offered for sale, the same is operated in an unclean or unsanitary manner, the commissioner or other agent shall notify in writing the person operating such place, to put the same in a clean and sanitary condition within a reasonable time, to be stated in said notice. Any authorized agent shall have the power, when inspecting any place where foods, drugs or liquors are prepared, sold or offered for sale, to order the use of any bottle, can or other utensil which is in an unclean or unsanitary condition discontinued, until such can, bottle or other utensil is thoroughly cleaned and put in sanitary condition. |
Possession of proscribed articles prima facie evidence
Board of control to appoint commissioner; peace officers as agents
Experiment station to analyze samples
Commissioner and agents to have access to suspected places
Commissioner to make sanitary regulations |
κ1913 Statutes of Nevada, Page 320 (CHAPTER 226)κ
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Samples sealed when sent for analysis
One sample to party selling
Sheriff to act on proper complaint
Fees of sheriff a county charge
Misdemeanor for dealer to refuse to sell sample to agent |
Any person or persons failing to comply with the order of the commissioner or other authorized agent, shall be guilty of a misdemeanor and subject to the penalties as provided for in this act. Sec. 15. When an agent or sheriff shall obtain by purchase or otherwise a sample of suspected adulterated, mislabeled or misbranded food, drug or liquor, the said sample shall be sealed by the agent or sheriff with a seal provided for that purpose and shall be sent or taken to the Nevada agricultural experiment station for examination and analysis; but if the person from whom such sample was taken shall request him to do so, he shall at the same time and in the presence of the person from whom the same is taken, seal with the proper seals two samples of the articles taken. One sample shall be delivered to the party from whom procured and the other sample shall be sent or taken to the Nevada agricultural experiment station for examination and analysis. The analyst making the examination and analysis shall report to the said commissioners a certificate of findings and such certificate shall be admitted in evidence in all courts of this state and shall be prima facie evidence of the truths of the facts contained therein. Sec. 16. It is hereby made the duty of the sheriff of any county of this state, on presentation to him of a verified complaint of the violation of any provisions of this act, at once to obtain a sample of the suspected adulterated, mislabeled or misbranded food, liquor or drug complained of, in such manner, and dispose of the same as prescribed in section 15 of this act. Sec. 17. For his services hereunder the said sheriff shall be allowed the same fees for travel allowed by law to sheriffs on service of criminal process, together with such other compensation as by the board of county commissioners of his county may be deemed reasonable, and all amounts expended by him is procuring and transmitting the said samples, which fees and amounts expended shall be audited and allowed by the said commissioners and paid by his said county as other bills of said sheriff. Sec. 18. It shall be a misdemeanor for any person to refuse to sell to any sheriff or other agent of the Nevada agricultural experiment station, any sample of food, liquor or drug upon tender of the market price, or to conceal any such food, liquor or drug from such officer, or to withhold from him information where such food, liquor or drug is kept or stored. Any such person so refusing to sell, or concealing such food, liquor or drug, or withholding such information from said officer shall be deemed guilty of a misdemeanor and shall upon conviction thereof be punished by a fine not exceeding five hundred dollars or imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. |
κ1913 Statutes of Nevada, Page 321 (CHAPTER 226)κ
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Sec. 19. When it shall appear from any such examination or analysis made by an analyst of the Nevada agricultural experiment station that such sample of food, liquor or drug is adulterated, mislabeled or misbranded within the meaning of this act, the said commissioner shall furnish a notice of the fact, together with a copy of the certificate of findings, by registered mail, to the party or parties from whom the sample was obtained or who executed the guarantee as provided for in this act, and a date, hour and place shall be fixed by said commissioner at which said party or parties may be heard before him, under such rules and regulations as may be prescribed by said commissioner. The receipts of the postoffice department for such registered notice shall be received as prima facie evidence that such notice has been given. Parties interested therein may appear in person or by attorney and may propound interrogatives and submit oral or written evidence to show any fault or error in the findings of the analyst or examiner. If the examination or analysis be found correct or if the party or parties fail to appear at such hearing after notice duly served, as provided herein, the commissioner shall forthwith transmit a certificate of the facts so found to the district attorney of the county in which said adulterated, misbranded or mislabeled food, liquor or drug was found. No publication as in this act provided shall be made until after said hearing is concluded. Sec. 20. That no dealer shall be prosecuted under the provisions of this act when he can establish a guarantee signed by the wholesale jobber, manufacturer or other party from whom he purchased such article, to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of this act, designating it. Said guarantee, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealers, and in such cases, the party or parties shall be amenable to the prosecution, fines, and other penalties which would attach, in due course to the dealer under the provisions of this act. Sec. 21. It shall be the duty of said commissioner, whenever he has satisfactory evidence of the violation of any of the provisions of this act, respecting the adulteration, mislabeling or misbranding of foods, liquors or drugs, to report such facts to the district attorney of the county where the law is violated. Sec. 22. It shall be the duty of the district attorney to prosecute all violations of the provisions of this act occurring within his county and which shall be reported to him under the provisions of this act. Sec. 23. Said commissioner shall keep a record of adulterated, mislabeled or misbranded foods, liquors or drugs, in which record shall be included a list of cases examined by said experiment station in which violations were found, and a list of the articles found adulterated, mislabeled or misbranded and the names of the manufacturers, producers, jobbers and sellers. Said record or any parts thereof, may, in the discretion of the commissioner, be included in the annual report which the said commissioner is hereby authorized to make to the governor. |
Procedure when sample proves to be adulterated or unfit
Dealer not prosecuted when wholesaler has guaranteed article
Commissioner to report to district attorney
District attorney to prosecute
Record of impure articles kept by commissioner |
κ1913 Statutes of Nevada, Page 322 (CHAPTER 226)κ
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Cooperation with U. S. government
Penalties for violation
Principal responsible for agents acts
Repeal |
tion of the commissioner, be included in the annual report which the said commissioner is hereby authorized to make to the governor. The said commissioner may, in his discretion, publish any part of said record in the bulletins, circulars and reports which he may publish from time to time. Sec. 24. The governor of the state, with the Nevada agricultural experiment station, shall cooperate with the government of the United States for carrying out the purposes of this act, and the said experiment station may appoint, in writing, any inspector or employee of the United States department of agriculture as state pure food agent in carrying out the provisions of this act, when in their judgment it may be proper or necessary, who shall have and may exercise the powers of state agents. But no inspectors and employees of the United States department of agriculture shall be paid for their services by the State of Nevada, or any county in this state. Sec. 25. Any person, firm, company, or corporation violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Foods found to be adulterated, mislabeled or misbranded within the meaning of this act, may, by order of any court or judge, be seized and destroyed. Sec. 26. When construing and enforcing the provisions of this act, the act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association within the scope of his employment or office, shall in every case be also deemed to be the act, omission or failure of such corporation, company, society or association as well as that of the person. Sec. 27. All acts and parts of acts in conflict with or inconsistent with this act are hereby repealed. |
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Nye County officers
District attorney |
Chap. 227An Act to amend an act entitled An act fixing the compensation of county and township officers in Nye County, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such officers, and regulating the conduct thereof, and to repeal all acts or parts of acts conflicting therewith, approved March 24, 1909.
[Approved March 25, 1913]
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 district attorney shall receive a salary of thirty-six hundred dollars per annum for all his services as such officer. |
κ1913 Statutes of Nevada, Page 323 (CHAPTER 227)κ
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such officer. He shall have such deputies as in the judgment of the board of county commissioners shall be deemed necessary, and at such compensation and for such time as they may provide. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation while absent from the county-seat in going and coming to and from the county-seat while in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners. The district attorney shall receive no other fees or compensation other than is herein provided for the performance of his official duties. Sec. 2. Section three of the above-entitled act is hereby amended so as to read as follows: Section 3. The county clerk shall receive a salary of three thousand dollars per annum for all his services in said office, and shall be allowed a deputy, to be named by him, at a compensation of eighteen hundred dollars per annum, and shall collect in advance and monthly turn over to the county treasurer of the county such fees and compensation as are now provided for services in his office by section 3 of an act of the legislature of the State of Nevada entitled An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto, approved February 27, 1883, said section being section 2470 of Cuttings Compiled Laws of the State of Nevada, 1900. Sec. 3. Section four of the above-entitled act is hereby amended to read as follows: Section 4. The county recorder and auditor of said county shall receive a salary of three thousand dollars per annum as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by section 4 of an act of the legislature of the State of Nevada entitled An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto, approved February 27, 1883. He shall be allowed one deputy at one hundred and fifty dollars per month, and shall have such other deputies at such compensation of five dollars per diem as the board of county commissioners shall deem necessary and allow. Sec. 4. Section five of the above-entitled act is hereby amended to read as follows: Section 5. The sheriff of said county shall receive a salary of three thousand and four hundred ($3,400) dollars per annum for his services to said county as sheriff, and shall have one undersheriff, to be selected by him, at a compensation of eighteen hundred ($1,800) dollars per annum, and such other deputies, to be named by him, as the board of county commissioners may deem necessary, and for such time and compensation as they may fix. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county-seat while in the performance of his duties; |
Deputies
Proviso
County clerk
Deputy
Recorder and auditor
Deputies
Sheriff
Expenses |
κ1913 Statutes of Nevada, Page 324 (CHAPTER 227)κ
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Proviso
Fees
Salary as assessor
Treasurer Deputies
Takes effect in 1915 |
tion and living expenses while absent from the county-seat while in the performance of his duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county, such fees as are provided for in an act of the legislature of the State of Nevada entitled An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto, approved February 27, 1883; provided, that in lieu of the mileage provided, in said act, the said sheriff shall charge and collect as mileage, the actual and necessary traveling expenses of himself or deputy in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer competent to perform said service, without the sheriff actually incurring traveling expenses, no mileage shall be charged. The sheriff shall be allowed three (3%) per cent of all amounts of money collected by him as licenses, poll and personal property tax; as assessor for said county, said sheriff shall receive six hundred ($600) dollars per annum, and shall have such deputies, to be named by him, as the county commissioners may allow, and at such compensation as shall be fixed and determined by the board of county commissioners. Sec. 5. Section six of the above-entitled act is hereby amended to read as follows: Section 6. The county treasurer of said county shall receive compensation for all services to said county three thousand dollars per annum; he shall have such deputy or deputies as in the judgment of the board of county commissioners shall be deemed necessary, at such compensation and for such time as they may provide. Sec. 6. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall take effect January 1, 1915. |
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κ1913 Statutes of Nevada, Page 325κ
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Chap. 228An Act to amend an act entitled An act concerning and fixing standard weights and measures and to regulate the sale of commodities or articles of merchandise according to such standards, and to provide fines, penalties, and damages for the violation thereof, and for rules of evidence relating thereto; and to provide for the inspection of weights, measures, and weighing and measuring devices, and for the enforcement thereof and making an appropriation for the carrying out of this act, approved March 8, 1911.
[Approved March 25, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twenty-three of the above-entitled act is hereby amended to read as follows: Section 23. The commissioner appointed by the board of control of the Nevada agricultural experiment station is hereby designated and constituted sealer of weights and measures and shall be charged with the proper enforcement of the provisions of this act, and he may appoint such deputy or deputies as he may deem necessary therefor. He shall have the care and custody of the authorized public standards of weights and measures, and of balances and other apparatus of all kinds owned by the state under section 1 of this act. He shall maintain the state standards in good order and submit them at least once in every ten years to the national bureau of standards for verification. He shall at once, after the approval of this act, obtain from the government of the United States all standard weights and measures mentioned in this act which this state does not at that time own. |
Sealer of weights and measures
Duties
Standards same as U. S. |
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Chap. 229An Act to amend section one of article two, section three of article four, section one of article eight, section two of article eleven, and sections one, two and ten of article twelve of an act entitled An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, as amended March 13, 1905.
[Approved March 25, 1913]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of article two of an act entitled An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorized the establishing of a city government therefor, and other matters relating thereto, as amended March 13, 1905, is hereby amended and reenacted so as to read as follows: |
Amending Reno charter |
κ1913 Statutes of Nevada, Page 326 (CHAPTER 229)κ
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Officers of city
Duties of city clerk; to collect licenses and taxes
To report delinquents |
ing thereto, as amended March 13, 1905, is hereby amended and reenacted so as to read as follows: Section 1. The officers of the city shall be: Mayor. Six members of the city council. City attorney. City clerk. Judge of the municipal court. City auditor, the auditor of Washoe County being ex officio city auditor. City treasurer and tax receiver, the treasurer of Washoe County being ex officio city treasurer and tax receiver. City assessor, the assessor of Washoe county being ex officio city assessor. City engineer and superintendent of streets, both offices to be filled by one person. Chief of police. Chief of fire department. Board of health, consisting of not less than three nor more than five persons. Sec. 2. Section three of article four of an act entitled An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, as amended March 13, 1905, is hereby amended and reenacted so as to read as follows: Section 3. In addition to the duties hereinbefore imposed, the city clerk shall be the official license collector of the city and shall collect all city licenses and all other moneys making up the city revenues, except general taxes and special assessments when otherwise ordered by this charter or city ordinance. All moneys belonging to the city (except general taxes and special assessments when otherwise ordered) and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over, together with all moneys in his hands, to the city treasurer. All special assessments, whenever and wherever the same are not otherwise ordered, shall be collected by the city clerk. The time and manner of collection of special assessments and licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, or pay any special assessment (payment and collection of which is not otherwise provided for), shall fail, neglect or refuse to do so, or shall carry on any licensed business, trade or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the council, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may make the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. |
κ1913 Statutes of Nevada, Page 327 (CHAPTER 229)κ