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κ1917 Statutes of Nevada, Page 1κ

 

LAWS OF THE STATE OF NEVADA

passed at the

Twenty-Eighth Session of the Legislature

 

1917

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CHAPTER 1

Chapter 1–An Act to create a legislative fund.

 

[Approved January 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of sixty thousand ($60,000) dollars, which shall constitute the legislative fund.

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

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

 

 

 

 

 

 

 

Legislative appropriation, $36,000

 

 

 

Duties of controller and treasurer

 

 

 

Residue to revert

 

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CHAPTER 2

Chap. 2–An Act to amend an act entitled “An act to amend an act entitled ‘An act to amend section three as amended March 16, 1897, of an act entitled an act to create a board of county commissioners in the several counties of this state, and to define their duties and powers, approved March 8, 1865,’ approved March 24, 1909,” approved March 5, 1915.

 

[Approved January 22, 1917]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  Section 3 of an act entitled “An act to create a board of county commissioners in the several counties of this state and to determine their duties and powers,”

 


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κ1917 Statutes of Nevada, Page 2 (CHAPTER 2)κ

 

Relating to boards of county commissioners

 

Date of meetings

 

 

Special meetings

 

 

 

 

Temporary appointments

 

 

 

 

 

 

 

 

Election canvass

a board of county commissioners in the several counties of this state and to determine their duties and powers,” approved March 8, 1865, and amended March 16, 1897, and further amended March 5, 1915, is hereby amended so as to read as follows:

      Section 3.  The meetings of the board of county commissioners shall be held at the county-seats of their respective counties on the fifth day of each month and every calendar month; provided, that when such day falls upon a Sunday or legal holiday, the board shall meet upon the next succeeding judicial day. Special meetings may be held at the county-seat for the transaction of business pertaining to the county, whenever said meeting shall be authorized by the board by resolution duly adopted and entered upon its minutes at a regular meeting; provided, that when there shall be in any county, township or precinct office, no officer duly authorized to execute the duties thereof, and it is necessary that a temporary appointment be made to fill such office, as otherwise provided by law, the board of county commissioners shall be authorized and empowered, and it shall become its duty to forthwith hold a special meeting for such purpose. Said meeting may be held by unanimous consent of the said board, or, if for any cause such consent be not obtainable, it shall thereupon become the duty of the chairman or any other member of the board having knowledge of such necessity, to forthwith call such special meeting and to notify the other members thereof, and such meeting shall be held as soon as practicable, but not less than three days, except by unanimous consent, after actual notice to all members of said board, whereupon a majority thereof shall proceed to act upon such appointment as provided by law. The board shall also meet on the tenth day after each general election to canvass election returns.

 

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CHAPTER 3

 

 

 

 

 

 

 

 

 

 

 

 

Bonds to pay indebtedness of town of Elko

Chap. 3–An Act to authorize the county commissioners of Elko County, Nevada, to authorize and empower and direct the board of county commissioners of Elko County, Nevada, acting as a town board for the town of Elko, in said county of Elko, to issue bonds for the purpose of paying off the outstanding indebtedness of said town of Elko, incurred on account of completing the sewer system in said town and on account of other emergencies.

 

[Approved January 24, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of providing funds to pay the outstanding indebtedness of the town of Elko, in Elko County, Nevada, incurred in completing the sewer system in said town,


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κ1917 Statutes of Nevada, Page 3 (CHAPTER 3)κ

 

in said town, and on account of other emergencies, the board of county commissioners of said Elko County, Nevada, is hereby authorized, empowered and directed to authorize, empower and direct the board of county commissioners of said Elko County, acting as a town board for the said town of Elko, in Elko County, Nevada, to issue the negotiable coupon bonds of said town of Elko for an amount not to exceed fifty thousand dollars.

      Sec. 2.  The board of county commissioners of Elko County, Nevada, acting as a town board for the said town of Elko, shall cause said bonds to be prepared and issued. Such bonds shall be signed by the chairman of the board, and the county clerk of Elko County, Nevada, acting as the clerk of said board, and be countersigned by the county treasurer of said Elko County, Nevada. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bonds. Each of said coupons shall be consecutively numbered and be signed by the chairman of said board, said clerk and said county treasurer, or by their facsimile signatures lithographed thereon.

      Sec. 3.  The clerk of said board of county commissioners, acting as such town board, shall keep an accurate and full record of all proceedings had under the provisions of this act; and shall also keep a record showing the number, amount, and date of each bond, and to whom issued or sold. The county treasurer of Elko County, Nevada, shall also keep a record of the number, amount and date of each bond and to whom issued or sold.

      Sec. 4.  The board of county commissioners of said Elko County, acting as a town board for the said town of Elko, is hereby authorized to negotiate the sale of said bonds; the same to be sold at public sale, after notice for sealed proposals for the purchase of said bonds has been advertised for not less than three weeks in some newspaper of general circulation and printed and published in said town of Elko. Said board may reject any and all bids, and provided that none of said bonds shall be sold for less than par.

      Sec. 5.  Said bonds shall be known as town of Elko funding bonds, and shall each be of the denomination of one thousand dollars. They shall be numbered consecutively commencing with number one, and shall bear interest at the rate of not to exceed six per cent per annum. Said interest, except as to the first payment, shall be payable semiannually on the first day of January and July of each year. Two of said bonds shall be redeemed on the first day of July, 1918, and annually thereafter two of said bonds shall be redeemed until all of said bonds shall have been redeemed and retired. None of said bonds shall run for more than twenty-six years. The first interest coupon shall be due and payable on January 1, 1918, and the amount of said coupon shall be the interest upon the bond to which it is attached from the date of the bond until said first day of January, 1918.

 

 

County commissioners authorized to issue bonds

 

County commissioners, acting as town board of Elko, to issue bonds for town of Elko

 

 

 

 

 

 

Full record kept

 

 

 

 

 

Sale of bonds

 

 

 

 

 

Denomination of bonds

 

 

Interest limited

 

How redeemed


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κ1917 Statutes of Nevada, Page 4 (CHAPTER 3)κ

 

 

 

Town of Elko Funding Fund

 

 

 

County treasurer responsible

 

 

Fund created

 

 

 

 

 

 

 

 

 

 

 

Duty of county treasurer

 

 

 

Bonds canceled

 

 

 

 

 

Tax to cease, when

attached from the date of the bond until said first day of January, 1918.

      Sec. 6.  All money derived from the sale of said bonds shall be paid to the county treasurer of said Elko County, and said county treasurer is required to receive and safely keep the same in a fund hereby created and to be known as the town of Elko funding fund, and pay out said money only to pay off the outstanding indebtedness of said town of Elko, as evidenced by the promissory notes heretofore given in connection with said indebtedness.

      Sec. 7.  The county treasurer of said Elko County shall be liable on his official bond for the safe keeping of all money that shall come into his hands under the provisions of this act, and for the faithful discharge of all of his duties in relation thereto.

      Sec. 8.  For the purpose of creating a fund for the payment of the bonds authorized under this act, and the interest thereon, the board of county commissioners of Elko County, Nevada, is hereby authorized, and required to levy and collect annually, until all of said bonds and the interest thereon, shall have been fully paid, a special tax on all of the property, both real and personal, subject to taxation, including the net proceeds of mines, within the boundaries of said town of Elko, sufficient to pay the interest on said bonds, and to pay and redeem two of said bonds annually; said redemption to commence on the first day of July, 1918, and to continue until all of said bonds have been paid and redeemed. 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 in a special fund to be known as “The Town of Elko Funding Bond Redemption Fund.”

      Sec. 9.  It shall be the duty of the said county treasurer to use the money in said fund to pay the interest on said bonds and to redeem said bonds as they severally become due.

      Sec. 10.  Whenever the said county treasurer shall redeem any of the bonds or interest coupons 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 auditor of said Elko County, taking his receipt therefor, and the said auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 11.  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 redemption fund, shall, by the order of the board of county commissioners of said Elko County, be transferred to the general fund of said town of Elko, and be used thereafter for the payment of any legal claim against said fund.


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κ1917 Statutes of Nevada, Page 5 (CHAPTER 3)κ

 

      Sec. 12.  Should the holder of said bonds or of any of them, for any cause whatever, fail to present said bonds to the said county treasurer of said Elko County for payment, when they shall become due, all interest on such bonds shall thereafter immediately cease.

      Sec. 13.  The principal and interest on all bonds issued under this act shall be payable at the office of the county treasurer of Elko County, Nevada, at Elko, Elko County, Nevada.

      Sec. 14.  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 ceases, when

 

 

 

Payable, where

 

 

Faith of state pledged

 

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CHAPTER 4

Chap. 4–An Act for the relief of the Carson Valley Bank.

 

[Approved January 31, 1917]

 

      Whereas, During the year 1916, as an outgrowth of the raid upon Columbus, New Mexico, the President of the United States made a call upon the governor of this state for two troops of cavalry for service at the Mexican border; and

      Whereas, There was no appropriation to pay the expenses of organizing, enrolling, and maintaining said troops; and

      Whereas, In view of the aforesaid circumstances the state board of examiners, pursuant to section 4466, Revised Laws of the State of Nevada, by virtue of a resolution in writing, did create a deficiency, and did authorize the adjutant-general to contract for such expenses; and

      Whereas, Pursuant thereto the adjutant-general of the State of Nevada did contract for expenses in the total sum of eighteen hundred and one dollars and fifty-six cents ($1,801.56); and

      Whereas, Claims for said expenses to said amount have been passed upon and allowed by the state board of examiners, which said claims have been duly assigned to the Carson Valley Bank, and the claim of said bank for said sum is a just and legal claim against the State of Nevada; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of eighteen hundred and one dollars and fifty-six cents ($1,801.56) is hereby appropriated, out of the general fund of the state treasury, to be paid to said Carson Valley Bank in satisfaction of its claim as aforesaid.

      Sec. 2.  The state controller is hereby directed to draw his warrant in behalf of said Carson Valley Bank for the amount specified in this act, and the state treasurer is hereby directed to pay the same.

 

 

 

 

Relief of Carson Valley Bank

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $1,801.56

 

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κ1917 Statutes of Nevada, Page 6κ

CHAPTER 5

 

 

 

 

 

 

 

 

 

 

Fees of Churchill County clerk

Chap. 5–An Act fixing and establishing the fees to be charged in certain cases by the county clerk of Churchill County and ex officio clerk of the Eighth judicial district court, in the State of Nevada, and providing for the disposition of such fees.

 

[Approved February 1, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county clerk of Churchill County and ex officio clerk of the Eighth judicial district court of the State of Nevada shall charge and collect fees as follows:

      On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding, seven dollars;

      On filing of a petition for letters testamentary, or of administration or guardianship, fifteen 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;

      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; and for every paper so filed containing a cross-complaint or county-claim, five dollars additional;

      For filing a complaint in intervention, five dollars.

      The foregoing fees shall be paid in full for all services rendered by such clerk in the case, to and including the making up of the judgment roll.

      For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial or to set aside judgment; for filing notice and undertaking and all services, including indexing, on appeal to the supreme court, three dollars and fifty cents.

      The clerk shall also be entitled to charge and collect the following fees and compensation not above provided for:

      For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio, twenty cents;

      For each certificate of the clerk under the seal of the court, fifty cents;

      For entering judgment by confession, three dollars;

      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, twenty-five cents each;


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κ1917 Statutes of Nevada, Page 7 (CHAPTER 5)κ

 

official bonds and certificates of appointment, twenty-five cents each;

      For services performed in an adoption case, five dollars;

      For filing remittitur from supreme court, one dollar, and for recording judgment entered thereon, twenty cents per folio;

      For issuing execution or order of sale, one dollar; and for copying decree and return, twenty cents per folio;

      For services performed in an action appealed from a justice’s court, six dollars and fifty cents;

      For services performed in an action transferred from the district court of another county, four dollars;

      For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charge or postage, two dollars and fifty cents;

      For services performed in proceedings to perpetuate testimony, one dollar;

      For certificates for dismissal of appeal, when prepared by the clerk, two dollars and fifty cents; and when prepared and furnished by the attorney, one dollar;

      For filing any paper in any case after judgment, not otherwise provided for, twenty-five cents;

      For issuing transcript of judgment, twenty cents per folio;

      For taking and certifying depositions, for each folio, twenty cents, besides four dollars for each day’s attendance;

      For filing objections or cross-petitions to the appointment of an executor, administrator, or guardian, or objections to the settlement of accounts or any other proceedings in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party;

      For all services not herein enumerated, such fees as are now or may hereafter be fixed by law; provided, that no fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      Sec. 2.  The foregoing fees shall be collected in addition to the fees provided for and known as “special court fees” in sections 2030 and 2031 of the Revised Laws of Nevada, 1912.

      Sec. 3.  The clerk shall on the first Monday of each and every month pay to the county treasurer the amount of all fees charged by the said clerk during the next preceding month.

      Sec. 4.  This act shall take effect on May 1, 1917; provided, that 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 acts performed shall be charged and collected until the termination thereof.

 

Fees of Churchill County clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No fees in criminal cases

 

Clerk to pay all fees to treasurer

 

In effect May 1, 1917; proviso

 

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κ1917 Statutes of Nevada, Page 8κ

CHAPTER 6

 

 

 

 

Relief of Reno National Bank

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $9,606.05

Chap. 6–An Act for the relief of the Reno National Bank of Reno, Nevada.

 

[Approved February 7, 1917]

 

      Whereas, During the year 1916 a violent outbreak of rabies occurred in the State of Nevada, threatening and seriously menacing public health, the livestock industry, and our commerce with other commonwealths, which were threatening rigid quarantine against out livestock exports; and

      Whereas, Such outbreak was unanticipated and no appropriation for the suppression thereof was made by the legislature at the session of 1915; and

      Whereas, It became necessary that funds should be raised for the suppression of said outbreak in order that it might not spread throughout the state with serious injury to the public health, cattle, sheep, and other interests of the state; therefore the state board of examiners by resolution in writing did declare a deficiency appropriation for the purpose of suppressing said outbreak of rabies; and

      Whereas, Acting upon said deficiency appropriation the state board of stock commissioners contracted certain indebtedness to the amount of nine thousand six hundred six dollars and five cents ($9,606.05), which said claims have been duly examined, approved, and allowed by the said board of examiners, and have been assigned to the said Reno National Bank of Reno, Nevada; and

      Whereas, The claim of the said Reno National Bank of Reno, Nevada, is a just and legal claim against the State of Nevada; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of nine thousand six hundred six dollars and five cents ($9,606.05) is hereby appropriated, out of any moneys in the treasury not heretofore appropriated, in payment of said claim of said Reno National Bank of Reno, Nevada, and the state controller is hereby directed to draw his warrant for said amount in favor of said bank, and the state treasurer is directed to pay the same.

 

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CHAPTER 7

 

 

 

 

 

 

 

 

Witness fees in criminal cases in Humboldt County

Chap. 7–An Act fixing the fees and compensation of witnesses in criminal cases in and for the county of Humboldt, State of Nevada, and providing payment therefor.

 

[Approved February 7, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  All witnesses subpenaed in criminal cases to appear before the district court of Humboldt County, 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.


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κ1917 Statutes of Nevada, Page 9 (CHAPTER 7)κ

 

per diem, from the date of their appearance at court (as per subpena) until excused. The clerk of said court shall keep a pay-roll, 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. The clerk of said court shall forthwith give a statement of such amount to the county auditor of said Humboldt 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 in the matter tried.

 

Clerk shall keep pay-roll

 

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CHAPTER 8

Chap. 8–An Act to establish assembly districts in the county of Washoe, and providing for the election therefrom of members of the assembly for the State of Nevada.

 

[Approved February 10, 1917]

 

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 three assembly districts, as follows: All that portion of Washoe County lying north of Reno, and including the voting precinct of Wadsworth, shall be known as assembly district No. 1, with one assemblyman to be elected at large. Voting precincts of Sparks, as established by the county commissioners of Washoe County, shall be known as assembly district No. 2, with one assemblyman to be elected at large. All that portion of Washoe County known as the voting precincts of Reno and Verdi, and all that portion of the county of Washoe south of the city of Reno, shall be known as assembly district No. 3, with five assemblymen to be elected at large.

      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, one assemblyman at large; assembly district No. 2, one assemblyman at large; assembly district No. 3, five assemblymen 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 such manner that each and every polling place for all elections at which any 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 assembly districts shall be wholly null and void.

 

 

 

 

 

 

 

 

Assembly districts established in Washoe County

 

 

 

 

 

 

Apportionment of assemblymen

 

 

 

County commissioners to establish polling places


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κ1917 Statutes of Nevada, Page 10 (CHAPTER 8)κ

 

 

 

Change in number of assemblymen to abrogate this act

lies partly in two or more 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 seven, and shall ipso facto, and without further legislative action, be abrogated and repealed by any change in the number of assemblymen to which Washoe County is entitled.

 

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CHAPTER 9

 

 

 

 

 

 

 

 

 

Amending law regarding uttering false checks, etc.

 

 

 

 

 

 

 

Felony

Chap. 9–An Act to amend section 407 of an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, effective January 1, 1912.

 

[Approved February 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 407 of an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, effective January 1, 1912, is hereby amended so as to read as follows:

      Section 407.  Every person who shall make, pass, utter or publish with the intention to defraud any other person or persons, firm, corporation or body politic, any bill, note, check or other instrument in writing for the payment of money or the delivery of other valuable property, directed to, or drawn upon, any real or fictitious person, bank, firm, partnership, or corporation, when in fact such person shall have no money, property or credit or shall have insufficient money, property, or credit with the drawee of such instrument to meet and make payment of the same, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison not less than one nor more than two years, or by both such fine and imprisonment. If payment of money is refused on any instrument mentioned above when the instrument calls for the payment of money, because the maker has insufficient money with the drawee to meet and make payment of same, and the person who shall make, pass, utter or publish said instrument shall fail to deposit with the person, bank, firm, partnership or corporation upon which the paper is drawn within ten days from the date the said instrument was presented for payment, a sufficient sum to pay the amount called for in the instrument or pay to the person holding the instrument the amount thereof, together with any protest fees that have been paid thereon, it shall be prima facie evidence that the person who made, passed, uttered or published the instrument intended to defraud.


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κ1917 Statutes of Nevada, Page 11 (CHAPTER 9)κ

 

ment intended to defraud. And, provided further, that if any person shall sign his name to a check or draft which has inscribed over his signature the words “I hereby represent that the amount called for in this instrument is on deposit to my credit free of any claim, and acknowledge that this amount has been paid to me upon representation of such fact” and payment of such check or draft is refused by the person or persons, firm, corporation, partnership, or bank upon which it is drawn, because such person shall have no money, property, or credit, or shall have insufficient money, property, or credit with the drawee of the said instrument to meet and make payment of the same, it shall be prima facie evidence that the person who made, passed, uttered or published said instrument intended to defraud. All acts or parts of acts that conflict herewith are hereby repealed.

Proviso

 

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CHAPTER 10

Chap. 10–An Act to amend section 2 of an act entitled “An act to regulate the fees and compensation of the county clerk of Washoe County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith,” approved March 23, 1909, as amended March 25, 1911.

 

[Approved February 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of an act entitled “An act to regulate the fees and compensation of the county clerk of Washoe County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith,” approved March 23, 1909, is hereby amended so as to read as follows:

      Section 2.  The county clerk of Washoe County, State of Nevada, shall be allowed to charge, and to collect, the following fees; provided, however, that said clerk shall neither charge, nor collect, any fees for services by him rendered to the State of Nevada or the county of Washoe or any city or town within said Washoe County, or any officer thereof in his official capacity:

      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;

      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.

 

 

 

 

 

 

 

 

 

 

Fees of Washoe County clerk

 

 

 

Exceptions


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κ1917 Statutes of Nevada, Page 12 (CHAPTER 10)κ

 

Fees of Washoe County clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No fees in criminal cases

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.

      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 acts 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 each certificate of the clerk, under the seal of the court, fifty cents;

      For filing each claim, in probate or insolvency proceedings, to be paid by the party filing such claim, fifteen 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 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 licenses, one dollar;

      For examining and certifying to a copy of any paper, record, or proceeding, prepared by another, and presented for his certificate, two dollars, and two cents per folio for comparing said copy with the original;

      For making satisfaction of or credit on judgment, twenty-five cents;


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κ1917 Statutes of Nevada, Page 13 (CHAPTER 10)κ

 

      For filing and receiving remittitur from supreme court, fifty cents;

      For administering each oath, without certificate, except in a pending action or proceeding, twenty-five cents;

      For taking any affidavit, except in criminal cases, twenty-five cents;

      For taking and approving each undertaking, and the justification thereof, except in criminal cases, fifty cents;

      For searching records of 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.

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

Fees of Washoe County clerk

 

 

 

 

 

 

 

 

Repeal

 

________

 

CHAPTER 11

Chap. 11–An Act to amend section two of an act entitled “An act to provide for the partial support of mothers who are dependent upon their own efforts for the maintenance of their children, and giving county commissioners of the State of Nevada jurisdiction in such matters, and prescribing penalties for those who fraudulently obtain the benefit thereof,” approved March 15, 1915.

 

[Approved February 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of an act entitled “An act to provide for the partial support of mothers who are dependent upon their own efforts for the maintenance of their children, and giving county commissioners of the State of Nevada jurisdiction in such matters, and prescribing penalties for those who fraudulently obtain the benefit thereof,” approved March 15, 1915, is hereby amended to read as follows:

      Section 2.  The allowance to each of such mothers shall not exceed the sum of twenty-five dollars per month when she has but one child under the age of fifteen years, and if she has more than one child under the age of fifteen years, it shall not exceed the sum of twenty-five dollars a month for the first child and fifteen dollars a month for each of the other children under the age of fifteen years, but in no case shall the entire allowance for mother and children be more than fifty-five dollars per month.

 

 

 

 

 

 

 

 

 

 

 

Amending indigent mothers’ relief law

 

 

 

Allowances specified

 

 

 

Maximum of $55 per month

 

________

 

 


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κ1917 Statutes of Nevada, Page 14κ

CHAPTER 12

 

 

 

 

 

 

 

 

Fixing salaries of certain justices of the peace and constables in Churchill County for 1917 and 1918

 

 

 

 

 

 

 

 

 

 

 

Same salaries fixed after January 1, 1919

Chap. 12–An Act fixing the salaries of certain justices of the peace and constables in the county of Churchill, State of Nevada, and other matters relating thereto.

 

[Approved February 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the first day of April, 1917, to and including the 31st day of December, 1918, the justice of the peace of Wonder township in the county of Churchill, State of Nevada, shall be allowed and shall receive a salary of $480 per annum. The justice of the peace in and for Fairview township in said county and state shall be allowed and receive a salary of $240 per annum. The justice of the peace in and for Stillwater township in said county and state shall be allowed and receive a salary of $240 per annum. The justice of the peace in and for New River township in said county and state shall be allowed and receive a salary of $600 per annum. The justice of the peace in and for Hot Springs township in said county and state shall be allowed and receive a salary of $600 per annum. The constable in and for Wonder township shall be allowed and receive a salary of $720 per annum. The constable in and for Fairview township shall be allowed and receive a salary of $300 per annum. The constable in and for Stillwater township shall be allowed and receive a salary of $300 per annum. The constable in and for New River township shall be allowed and receive a salary of $300 per annum. The constable in and for Hot Springs township shall be allowed and receive a salary of $1,500 per annum.

      Sec. 2.  From and after the first day of January, 1919, the justice of the peace of Wonder township in said county and state shall be allowed and receive a salary of $240 per annum. The justice of the peace in Fairview township in said county and state shall be allowed and receive a salary of $240 per annum. The justice of the peace of New River township in said county and state shall be allowed and receive a salary of $600 per annum. The justice of the peace of Hot Springs township in said county and state shall be allowed and receive a salary of $240 per annum. The constable of Wonder township in said county and state shall be allowed and receive a salary of $300 per annum. The constable of Fairview township in said county and state shall be allowed and receive a salary of $300 per annum. The constable of New River township in said county and state shall be allowed and receive a salary of $300 per annum. The constable of Hot Springs township in said county and state shall be allowed and receive a salary of $1,500 per annum.

      Sec. 3.  The above-mentioned salaries shall be considered in full payment for all services rendered by the above-named officers in criminal proceedings,


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κ1917 Statutes of Nevada, Page 15 (CHAPTER 12)κ

 

officers in criminal proceedings, and shall be paid in twelve equal monthly installments, and the county auditor shall each month draw his warrants in favor of said officers for the salaries due for the last preceding month, and the county treasurer shall pay said warrants in like manner as the salaries of county officers are paid.

      Sec. 4.  That certain act entitled “An act fixing the salaries of justices of the peace and constables in and for Wonder, Fairview, Stillwater, New River, and Hot Springs townships, in the county of Churchill, State of Nevada, and other matters relating thereto,” approved March 10, 1913, and all other acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 5.  This act shall take effect and be in force from and after the first day of April, 1917.

All fees in criminal cases included in salaries named

 

Previous act repealed

 

 

 

 

In effect April 1, 1917

 

________

 

CHAPTER 13

Chap. 13–An Act authorizing the sale, lease or option of mines, mining claims or mining property owned or held by estates, and providing for the conveyance thereof.

 

[Approved February 12, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  When all or any portion of the estate of any deceased person, or of any ward under guardianship, consists of mines, mining claims or mining property, whether patented or unpatented, or of interests in mines, mining claims, and mining property, the administrator or executor of the estate of such deceased person, or the guardian of the property of the ward, may petition the court having jurisdiction of the estate for leave to lease such mines, mining claims, or mining property, or such interests in mines, mining claims or other mining property, belonging to the estate of the deceased, or to the ward, with an option to the lessee to purchase the same; and if upon the hearing it appears to the satisfaction of the court that it is for the best interest of the estate or of the ward, the court may make an order authorizing the administrator, executor or guardian to lease all or any portion of such mines, mining claims or other mining property, or all, or any portion, of the interests therein belonging to the estate or to the ward, as he shall designate in the order, and to give an option to the lessee to purchase the same within a specified time at a stipulated price; and when such order has been made, the executor, administrator, or guardian may lease the property or the interests in the property specified in said order, and give the lessee an option to purchase the same within the time, at the price, and on the terms specified in the order.

      Sec. 2.  If the lessee complies with the terms of the lease and accepts the option and tenders the stipulated price,

 

 

 

 

 

 

 

 

 

Guardian or administrator may sell, lease or grant option on mining property of ward or estate


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

κ1917 Statutes of Nevada, Page 16 (CHAPTER 13)κ

 

When deed may be executed

 

 

 

 

 

Repeal

and accepts the option and tenders the stipulated price, he shall be entitled to a deed to be executed and delivered by the administrator, executor or guardian in the name of the interested heirs or wards for the mines, mining claims or other mining property, or the aforesaid interest therein upon which the option was given, and title shall pass upon execution and delivery of such deed acknowledging payment of such price without further order by the court.

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

 

________

 

CHAPTER 14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Females not to work more than 8 hours in one day or 56 hours in one week

 

 

Certain exceptions

 

 

 

 

Seats to be provided for female workers

Chap. 14–An Act limiting the hours of labor of females employed in any manufacturing, mechanical, or mercantile establishment, laundry, hotel, or restaurant, or by any express or transportation company; compelling each employer in any manufacturing, mechanical, or mercantile establishment, laundry, hotel, or restaurant, or other establishment employing any female, to provide suitable seats for all female employees, and to permit them to use such seats when they are not engaged in the active duties of their employment; and providing a penalty for failure, neglect, or refusal of the employer to comply with the provisions of this act, and for permitting or suffering any overseer, superintendent, foreman, or any other agent of any such employer to violate the provisions of this act.

 

[Approved February 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  No female shall be employed in any manufacturing, mechanical, or mercantile establishment, laundry, hotel, public lodging-house, apartment house, place of amusement, or restaurant, or by any express or transportation company in this state, more than eight hours during any one day, or more than fifty-six hours in one week. The hours of work may be so arranged as to permit the employment of females at any time so that they shall not work more than eight hours during the twenty-four hours of one day, or fifty-six hours during any one week; provided, however, that the provisions of this section in relation to hours of employment shall not apply to nor affect the harvesting, curing, canning, or drying of any variety of perishable fruit or vegetable, nor to nurses, nor to nurses in training in hospitals.

      Sec. 2.  Every employer in any manufacturing, mechanical, or mercantile establishment, laundry, hotel, or restaurant, or other establishment, employing any female, shall provide suitable seats for all female employees, and shall permit them to use such seats when they are not engaged in the active duties of their employment.


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

κ1917 Statutes of Nevada, Page 17 (CHAPTER 14)κ

 

      Sec. 3.  The district attorneys of the respective counties of this state, and the attorney-general of this state, shall enforce the provisions of this act, and said district attorneys, and said attorney-general and their deputies and agents, shall have all powers and authority of sheriffs or other peace officers to make arrests for violations of the provisions of this act, and to serve all processes and notices thereunder throughout the state.

      Sec. 4.  Any employer who shall permit or require any female to work in any of the places mentioned in section one more than the number of hours provided for in this act during any day of twenty-four hours, or who shall fail, neglect, or refuse to so arrange the work of females in his employ so that they shall not work more than the number of hours provided for in this act during any day of twenty-four hours, or who shall fail, neglect, or refuse to provide suitable seats as provided in section two of this act, or who shall permit or suffer any overseer, superintendent, foreman, or other agent of any such employer to violate any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished for a first offense, by a fine of not less than twenty-five dollars nor more than fifty dollars; for a second offense, by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars; or by imprisonment for not more than sixty days, or by both such fine and imprisonment. All fines imposed and collected under the provisions of this act shall be paid into the state treasury and credited to the state permanent school fund of this state.

District attorneys and attorney-general to enforce this act

 

 

 

Employers fined or imprisoned for non-compliance

 

 

 

 

 

Penalties

 

 

Fines go to state school fund

 

________

 

CHAPTER 15

Chap. 15–An Act to provide for bonding counties for building and equipping county high schools and dormitories or for either one of these purposes, and other matters properly connected therewith.

 

[Approved February 16, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever the county board of education in any county having a county high school shall certify to the board of county commissioners of such county that a new county high-school building or dormitory, or both of these are needed, or that it is necessary to enlarge one or more of the buildings in use, or to acquire a new building site or additional land for necessary school purposes or to purchase or acquire other necessary high-school equipment, and that the cost of the same is such that a bond issue for the purpose is advisable, and shall furnish the board of county commissioners with a definite statement of the amount of money needed therefor,

 

 

 

 

 

 

 

 

 

Question of bonds for high-school equipment submitted to voters, when


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

κ1917 Statutes of Nevada, Page 18 (CHAPTER 15)κ

 

 

 

 

Special election, when

 

Notice of election

 

 

 

What notice must contain

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bond issue decided by election

needed therefor, said board of county commissioners is hereby authorized and directed to submit the question of bonding the county for the amount and purposes named to the voters of the county at the next general election; or said board may, in its discretion, order a special election if so requested by the county board of education.

      Sec. 2.  The board of county commissioners may make an order for the bond election provided for in this act at any regular meeting or at a special meeting held not less than eight weeks before any general or special election, which election shall be noticed, held and conducted, and returns thereof made as and in the manner now provided by law for holding elections in the several counties of the state.

      The election notice must contain:

      First-The time and places of holding such election.

      Second-The hours during the day in which the polls will be opened, which hours shall be the same as at general elections.

      Third-The amount of the bonds, the rate of interest, not exceeding six per centum, and the number of years, not exceeding twenty, the bonds are to run.

      Fourth-In what time or city the proposed new buildings or enlargements are to be erected or where a new building site or additional land is to be acquired, or where the proposed equipment is to be placed and used.

      Fifth-The purpose or purposes for which the money realized from the sale of the bonds is to be used.

      Sixth-Such other facts as may be necessary to fully inform the voters of the nature and purposes of the proposed bond issue.

      There shall be placed upon one line of the printed ballots for such election the words “For the bonds,” and immediately below upon another line on the ballot, the words “Against the bonds.”

      The method of indicating choice thereof shall be the usual method prescribed in this state.

      Sec. 3.  If upon the official determination of the result of such election it shall appear that a majority of all the votes cast are “For the bonds” the board of county commissioners, as soon as practicable thereafter, shall issue the negotiable coupon bonds of the county in such form and denomination as the county board of education may direct, but not in conflict with the election notice thereof, said bonds to run for a period not to exceed twenty (20) years from the date of issue and to bear interest at a rate not exceeding six (6) per cent per annum, payable semiannually, both principal and interest payable at such place as the board of county commissioners may direct. Before any of the bonds provided for in this act are sold, notice of the proposed sale must be given by publication in a newspaper of general circulation in the county for at least three weeks,


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

κ1917 Statutes of Nevada, Page 19 (CHAPTER 15)κ

 

by publication in a newspaper of general circulation in the county for at least three weeks, inviting sealed bids to be made for said bonds, and the bonds shall be sold to the highest and best bidder, but in no event shall be sold for less than their par value.

      Sec. 4.  All bonds issued under the provisions of this act shall be signed by the chairman of the board of county commissioners, attested by its clerk, sealed with the seal of the county, and countersigned by the county treasurer; and each of the interest coupons attached to said bond shall be signed by the original or engraved facsimile signature of said chairman, clerk and treasurer.

      Sec. 5.  Before any county shall sell any bonds under the provisions of this act, all such bonds shall be delivered to the treasurer of the county to be duly registered by him in a book kept for that purpose in his office, which shall show the amount, the place and time of payment, and the rate of interest; and all such bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. After such registry the bonds shall be advertised for sale and sold by the county board of education for the purpose of raising funds for the objects designated in this act. All moneys derived from the sale of such bonds shall be paid to the county treasurer, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as the “County High-School Building Fund,” and to pay out said moneys in the manner now provided by law for payments from the “County High-School Fund” and for the purposes provided for in this act. The county board of education is hereby authorized and directed to use the money derived from the sale of said bonds, or such portion thereof as they may deem necessary, for the construction or enlargement of the high-school building or dormitory, or both, as the case may be, and for the purchase of property for a building site, agricultural gardens and other necessary school purposes; and any balance remaining in such fund after the accomplishment of the said purpose or purposes for which said bonds are issued shall be converted into and become a part of the “County High-School Fund.” Said county board of education shall determine as to the character and location, within the town or city as advertised, of said building or improvements and the materials and plans to be used therefor; or of the building site, additional land or high-school equipment; said board shall advertise for bids for the construction thereof and let the construction thereof by contract to the lowest responsible bidder, said board to have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained. Should the holder of any bond or bonds issued under this act, for any cause whatever, fail to present the same to the county treasurer for payment when due, all interest thereon shall thereupon immediately cease.

 

 

 

Particulars regarding bonds

 

 

 

Bonds to be registered by county treasurer

 

 

 

 

 

 

 

“County High-School Building Fund”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Interest on bondssceases, when


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

κ1917 Statutes of Nevada, Page 20 (CHAPTER 15)κ

 

 

 

Special county tax for interest and redemption of bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

General county fund used, when

 

Maximum bonding limits

same to the county treasurer for payment when due, all interest thereon shall thereupon immediately cease.

      Sec. 6.  Whenever a county shall issue and sell any bonds under the provisions of this act, it shall be the duty of the board of county commissioners to annually levy and assess a special tax on all the taxable property of such county, including the net proceeds of mines, in an amount sufficient to pay the interest accruing thereon promptly when and as 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 always be promptly paid at the place of payment specified in the bonds; if there be any surplus after paying said interest, the treasurer shall without delay pass the same to the credit of the county high-school fund, and such money so passed to the credit of said fund, shall be subject to the disposal of the county board of education; and annually thereafter, provided the board of county commissioners so determine, until the full payment of such bonds has been made, the board of county commissioners shall levy and assess a special tax, and shall cause such special tax to be collected on all the taxable property of the county, including the net proceeds of mines, sufficient to raise annually a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, which amount shall be levied and assessed as aforesaid, and shall be 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 “County High-School Bond Sinking Fund” and shall be used only for the payment of said bonds which said county treasurer shall cause to be paid at the place of payment specified in such bonds. The sinking fund thus created may be applied to the purchase and cancelation of the outstanding bonds provided for in this act before the same become due. At the maturity of such bonds the county treasurer shall call in and pay them with the interest accrued thereon, and shall duly cancel each bond and certify his action to the board of county commissioners and county board of education. In the event the funds to pay interest are not collected in time to permit the payment of the interest on said bonds when the same shall become due, the county treasurer shall pay the amount due out of the general county fund and then reimburse said fund for the amount so borrowed from it when said interest funds are collected.

      Sec. 7.  The maximum bonding limit of counties for county high-school purposes under the provisions of this act shall be as follows:


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

κ1917 Statutes of Nevada, Page 21 (CHAPTER 15)κ

 

      1.  For counties having a total assessed valuation of two million five hundred thousand ($2,500,000) dollars or less, two and one-half per cent of such valuation.

      2.  For counties having an assessed valuation of over two million five hundred thousand ($2,500,000) and less than five million ($5,000,000) dollars of assessed valuation, two per cent of such valuation.

      3.  For counties having an assessed valuation of five million ($5,000,000) dollars and less than ten million ($10,000,000) dollars of assessed valuation, one and one-half per cent of such valuation.

      4.  For counties having ten million ($10,000,000) dollars or over of assessed valuation, one per cent of such valuation.

      Sec. 8.  No change in the boundary lines of any county shall release the taxable real property of the county from assessment and levy of the taxes to pay the interest and principal of such bonds, and if there shall be any change in the boundary of such county so as to leave out any portion of the taxable real property of the county which was subject to taxation in the county at the time of the issue of such bonds, the assessment and levy of taxes for the payment of the principal and interest of such bonds shall be made on such property as if it were still within the county, and shall be collected in like manner, and if there shall be any change of the boundary lines of such county so as to annex or include any taxable or real property, after the issue of such bonds, the real property so included or annexed shall thereafter be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds.

      Sec. 9.  All taxes levied and assessed as in this act provided shall constitute a lien on the property charged therewith, from the date of the levy thereof by the county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. And no additional allowance, fee, or compensation whatever shall be paid to any officer for carrying out the provisions of this act.

      Sec. 10.  All bonds authorized or issued under the provisions of law existing prior to the passage of this act are hereby declared to be valid and the county board of education is hereby authorized to use the proceeds derived from the sale thereof for any or all of the purposes hereinbefore mentioned.

      Sec. 11.  All acts or parts of acts in conflict with this act are hereby repealed.

Maximum bonding limits

 

 

 

 

 

 

 

 

Change in lines of county not to release property from taxation

 

 

 

 

 

 

 

 

 

Taxes a lien on property

 

 

 

 

 

 

Bonds declared valid

 

 

 

Repeal

 

________

 

 


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κ1917 Statutes of Nevada, Page 22κ

CHAPTER 16

 

 

 

 

 

 

 

 

 

 

What articles of incorporations, etc., must specify

Chap. 16–An Act to amend an act entitled “An act to provide for the creation of corporations sole, and defining the powers thereof, and other matters relating to such corporations,” approved March 2, 1915.

 

[Approved February 16, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section three of said act is hereby amended to read as follows:

      Section 3.  The articles of incorporation shall specify:

      1.  The name of the corporation by which it shall be known;

      2.  The object of said corporation;

      3.  The estimated value of the property at the time of making the articles of incorporation;

      4.  The title of the person making such articles, and the manner in which any such vacancy occurring in the incumbency of such archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, or clergyman is required by the rules, regulations, or discipline of such church, society, or denomination to be filled.

 

________

 

CHAPTER 17

 

 

 

 

 

 

 

 

Appropriation for salaries and wages in state printing office

Chap. 17–An Act making an appropriation for the payment of wages and salaries of the employees of the state printing office.

 

[Approved February 16, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of ten thousand dollars is hereby appropriated, out of any money in the state treasury not otherwise appropriated, and made immediately available, for the payment of the wages and salaries of the employees of the state printing office for the year 1917 in the manner and form provided by law.

 

________

 

CHAPTER 18

 

 

 

 

 

 

 

 

 

City council of Reno authorized to convey certain real estate

Chap. 18–An Act authorizing and empowering the city council of the city of Reno, in the county of Washoe, State of Nevada, to dispose of certain parcels of real estate.

 

[Approved February 16, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The city council of the city of Reno is hereby authorized and empowered to act as follows: To grant, bargain, and sell to the Riverside Mill Company, a corporation organized and doing business under and by virtue of the laws of the State of Nevada, with its principal place of business in the city of Reno, the following-described property, in the city of Reno,


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

κ1917 Statutes of Nevada, Page 23 (CHAPTER 18)κ

 

in the city of Reno, county of Washoe, State of Nevada: Starting at the southeast corner of block “W” of Reno townsite, thence westerly along the south line of said block “W” one hundred and ten one-hundredths (100.10) feet; thence northerly parallel to the easterly line of said block “W” seventy-three and thirty-three one-hundredths (73.33) feet to the southeast corner of the land to be described and sold; thence westerly at right angles twenty-nine and twenty-five one-hundredths (29.25) feet; thence northeasterly along the southeasterly bank of the Riverside Mill Company’s ditch commonly known as the “Riverside Mill Ditch” thirty-three (33) feet; thence southerly parallel to the easterly line of said block “W” to the point of beginning; said property to be granted, bargained, and sold as aforesaid for and in consideration of the Riverside Mill Company’s granting, bargaining, and selling to the city of Reno its surface rights over and above the Riverside mill ditch, in the city of Reno, county of Washoe, owned by it, where said ditch crosses, or may cross, the east one hundred feet of lot twelve and the south half of lot eleven in block “W,” Reno townsite; further granting, bargaining, and selling the right, privilege, and power to said city of Reno to keep the surface of said ditch in the east one hundred feet of lot twelve and the south half of lot eleven as aforesaid covered and bridged over on a level with the surface of the contiguous property of said city of Reno.

Conditions of transfer

 

________

 

CHAPTER 19

Chap. 19–An Act for the relief of William McKnight.

 

[Approved February 19, 1917]

 

      Whereas, In September, 1916, it became necessary to renew the insurance policies on the pavilion, grand-stand and stables belonging to the Nevada State Agriculture Society, which said buildings are the property of the State of Nevada; and

      Whereas, The appropriation in favor of the said Nevada Agricultural Society was exhausted and it was, therefore, impossible to pay said payment out of said appropriation; and

      Whereas, The amount of said premiums being the sum of $413.76 was advanced and paid by Wm. McKnight, and the same is a just and legal claim against the State of Nevada; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of $413.76 is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, and the state controller is hereby directed to draw his warrant in payment of the said Wm. McKnight for the said sum, and the state treasurer is hereby directed to pay the same.

 

 

 

 

Relief of William McKnight

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $413.76

 

________

 

 


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κ1917 Statutes of Nevada, Page 24κ

CHAPTER 20

 

 

 

 

 

 

 

Florence Crittenton Mission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $4,800

Chap. 20–An Act appropriating four thousand eight hundred dollars for the support and maintenance of the Florence Crittenton Mission of Nevada, Incorporated, located at Reno, Washoe County, Nevada.

 

[Approved February 19, 1917]

 

      Whereas, A number of the citizens of the State of Nevada have incorporated under the laws of the State of Nevada the Florence Crittenton Mission, Incorporated, and a branch of the National Crittenton Mission; and

      Whereas, Among other things, the purposes for which said corporation is formed are: To aid and encourage destitute, homeless, and friendless women to lead lives of respect, and to reach positions of honorable self-support; to provide a temporary home and employment for women and girls who have been led from the path of virtue and who sincerely desire to reform, and to aid and encourage them to seek respectability and reformation of character; to provide shelter for young and unprotected mothers with their children, and to encourage and assist young mothers in caring for their children, etc.; and

      Whereas, Said corporation has no capital stock nor shares of stock; and its members consist of men and women who are in sympathy with, and who voluntarily contribute to, its purposes, and the contributions of said corporation since its organization have been very small; and

      Whereas, Said corporation has cared for many who have sought shelter, and the demands of said corporation are continually increasing, and it is without funds to properly care for those seeking its protection, and carrying out the great objects and purposes for which it was organized; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of four thousand eight hundred dollars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, for the purposes of assisting the Florence Crittenton Mission of Nevada, Incorporated, in carrying out the objects and purposes for which it was organized; provided, that said money shall be used for the purposes ordered, and with the consent of the state board of examiners.

      Sec. 2.  Said four thousand eight hundred dollars thus appropriated shall be paid to the treasurer of said corporation in installments of two hundred dollars per month for a period of twenty-four (24) months.

      Sec. 3.  The state controller is hereby authorized and required to draw his warrant in favor of the treasurer of said corporation for the sums named in this act, and the state treasurer is hereby authorized and required to pay the same.

 

________

 

 


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κ1917 Statutes of Nevada, Page 25κ

CHAPTER 21

Chap. 21–An Act to amend section 594 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.

 

[Approved February 19, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 594 of the above-entitled act is hereby amended to read as follows:

      Section 594.  Whenever any fugitive from justice shall be returned to this state under interstate or international extradition, and shall be delivered to the sheriff of the county in which the fugitive is charged with having committed a crime against the laws of this state, the board of county commissioners of every such county is authorized to provide for the payment by the county of such reasonable sum of money to defray the expenses of the extradition and delivery aforesaid as the board may deem just and reasonable; provided, that a majority of the members of the board of county commissioners shall have consented, by order of the board entered on its minutes, to the extradition of the fugitive before extradition proceedings are instituted, and not otherwise.

 

 

 

 

 

 

 

 

 

 

 

County commissioners to provide for reasonable expenses in extradition proceedings

 

 

Proviso

 

________

 

CHAPTER 22

Chap. 22–An Act empowering the board of trustees of school district No. 1, of Ormsby County, Nevada, to borrow money and issue its notes as security for the payment thereof, and directing the board of county commissioners of said county to levy a special tax for the payment of the same and matters relating thereto.

 

[Approved February 19, 1917]

 

      Whereas, School district No. 1, Ormsby County, State of Nevada, has a floating indebtedness, represented by outstanding warrants bearing seven (7%) per cent interest per annum, amounting to the sum of $8,242.03; and

      Whereas, The trustees of said school district are able to secure the said sum of money so owed for interest at the rate of five (5%) per cent per annum, and it is for the best interests of said district that the said trustees be authorized to borrow such amount and to retire the said outstanding warrants; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of trustees of school district No. 1, of Ormsby County, Nevada, is hereby authorized and empowered to borrow a sum of money not to exceed six thousand ($6,000) dollars, with interest at a rate not to exceed five (5%) per cent per annum, payable semiannually, and to issue promissory notes of said school district No. 1,

 

 

 

 

 

 

 

 

Ormsby County authorized to issue notes to meet indebtedness of schools

 

 

 

 

 

 

 

To borrow $6,000 at 5 per cent interest


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κ1917 Statutes of Nevada, Page 26 (CHAPTER 22)κ

 

To issue promissory notes

 

 

 

 

 

Tax authorized to redeem notes

 

 

 

 

 

Interest and redemption fund created

 

 

 

Faith of state pledged

issue promissory notes of said school district No. 1, Ormsby County, Nevada, as security therefor. Said notes shall be numbered consecutively and one retired semiannually, in accordance with the numbers, beginning with December, 1917; the date of maturity shall be indicated on each note and shall be fixed by the trustees before issuance. Said money to be used for the sole purpose of retiring and paying outstanding unpaid warrants.

      Sec. 2.  To provide for the payment of the principal and interest on said notes herein authorized to be issued, the board of county commissioners of Ormsby County, Nevada, shall in the year 1917, and annually thereafter until the said notes and interest are fully paid, at the time of levying taxes for state and county purposes (and in the same manner), levy a special and additional tax upon all the property situated within said school district No. 1, sufficient to pay the interest due upon all outstanding notes, and retire one-fourth of the original issue of said notes.

      Sec. 3.  Said property shall be assessed and said taxes collected the same as other taxes, and shall be paid to the county treasurer and by him assigned to the school district No. 1 “Special Interest and Redemption Fund.” At the maturity of said notes they shall be paid by the county treasurer out of said fund, upon the presentation and surrender of said notes. No interest shall be paid on said notes after maturity unless presented for payment.

      Sec. 4.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation imposed omitted, until all the notes issued under and by virtue thereof shall have been paid in full, as in this act specified.

 

________

 

CHAPTER 23

 

 

 

 

 

 

 

 

 

 

 

 

Sections repealed

Chap. 23–An Act to repeal certain sections of an act entitled “An act creating a Lincoln highway commission and to provide for the construction and repair of the public highway known as the Lincoln highway in the counties of White Pine, Eureka, Lander, Churchill, Washoe, and Ormsby, in the State of Nevada, and other matters relating thereto, and making an appropriation therefor,” approved March 26, 1915.

 

[Approved February 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Sections 2, 3, 4, 5, and 6 of the above-entitled act are hereby repealed.

 

________

 

 


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κ1917 Statutes of Nevada, Page 27κ

CHAPTER 24

Chap. 24–An Act to amend section 8 of an act entitled “An 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, as amended by act approved March 12, 1915.

 

[Approved February 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section eight of said act is hereby amended to read as follows:

      Section 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, yen shee, morphine, codeine, heroin, alpha eucaine, beta eucaine, nova caine, anhalonium (peyote or mescal button), cannabis sativa (Indian hemp or loco weed), 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 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 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 officer 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 pharmacies 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 by pharmacies 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 person, firm, or corporation of any of the articles in this section enumerated,

 

 

 

 

 

 

 

 

 

 

 

Regulating traffic in poisons and narcotic drugs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

Wholesalers to keep record


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κ1917 Statutes of Nevada, Page 28 (CHAPTER 24)κ

 

 

 

 

 

 

 

 

Form of record

 

 

Open to inspection by officers and citizens

 

 

 

 

 

 

 

 

 

 

 

 

 

Preparations of certain strength not prohibited

 

 

 

 

 

Drug-store owners to keep record of orders on wholesalers

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 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 freight, which book shall be substantially as follows:

 

Date of Sale

Quantity and Name of Article

Name of Purchaser

How Delivered

Name of Person Selling

 

And said books shall always be opened for inspection by any peace officer or citizen, or any member of the board of pharmacy, or any inspector by them authorized, and such books 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 surgeon to furnish to, or prescribe for the use of, any habitual user of the same, any cocaine, opium, morphine, codeine, heroin, anhalonium, cannabis sativa, 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 of 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 for substances furnished for the purpose of evading the purposes of this act; provided, that the above provisions shall not apply to prescriptions sold or dispensed without a physician’s prescription containing less than two grains of opium, or one-fourth grain of morphine, or one-half grain of codeine, or one-sixth grain of nova caine, or one-sixth grain beta eucaine, or ten grains chloral hydrate in one fluid ounce, or if a solid preparation in one avoirdupois ounce, or to the sale of strychnine or other poisons for the purpose of destroying noxious wild animals; and it is further provided, that it shall be the duty of every proprietor or manager of a pharmacy or drug store, within the State of Nevada, to keep a true and correct record of all orders forwarded to wholesalers, jobbers or manufacturers or traveling salesmen for the purchase of, in any manner, any cocaine, opium, yen shee, morphine, codeine, heroin, alpha eucaine, beta eucaine, nova caine, anhalonium, cannabis sativa or chloral hydrate, or any salt, derivative or compound thereof, within the meaning of the provisions of this act; provided further,


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

κ1917 Statutes of Nevada, Page 29 (CHAPTER 24)κ

 

this act; provided further, that a true and correct copy of all orders, forwarded by U. S. mail or otherwise, or given personally any traveling salesman, for narcotic drugs as specified in this section, shall be forwarded by registered mail to the secretary of the Nevada state board of pharmacy, within twenty-four hours after the forwarding of such order direct or through a representative or traveling salesman; and provided further, the taking of any order, or making of any contract or agreement, by any salesman or representative, or any employee of person, firm or corporation, for future delivery in this state, for any of the articles or drugs mentioned in this section shall be deemed a sale of said articles or drugs by said traveling representative or employee within the meaning of the provisions of this act; provided further, that a true and correct copy of all orders, contracts or agreements taken for narcotic drugs specified in this section by any traveling representative or employee shall likewise be forwarded by such traveling representative or employee by registered mail to the secretary of the Nevada state board of pharmacy within twenty-four hours after the taking of such order, contract or agreement, unless such order, contract or agreement is recorded by entry in a book used for that purpose only by some wholesale jobber, wholesaler or manufacturer permanently located in this state, as provided for in this section.

Copy of order must be sent state board of pharmacy within 24 hours

 

Order deemed sale

 

 

 

 

Drummer must send copy of order to state board

 

Exception as to Nevada wholesaler

 

________

 

CHAPTER 25

Chap. 25–An Act to amend an act entitled “An act creating the office of inspector of mines; fixing his duties and powers; providing for appointment of a deputy and fixing 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 the district attorneys in relation to suits instituted by the inspector of mines,” approved March 24, 1909, as amended and approved March 27, 1911.

 

[Approved February 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section six of said act is hereby amended so as to read as follows:

      Section 6.  The inspector of mines shall be provided with a properly furnished office at the state house in Carson City, Nevada, in which he shall carefully keep a complete record of all mines examined, showing the date of examination, the condition in which the mines were found, the manner and method of working, the extent to which the laws are obeyed, and what recommendations, if any, were ordered by the inspector. It is hereby made the duty of the owner, lessor, lessee, agent, manager or other person in charge of each and every mine, of whatever kind or character,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending inspector of mines law


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κ1917 Statutes of Nevada, Page 30 (CHAPTER 25)κ

 

Mine operators to send reports to inspector of mines

 

 

 

 

 

 

 

 

Two deputies authorized

 

 

 

Employees not to ride on rim, bail or cable

lessee, agent, manager or other person in charge of each and every mine, of whatever kind or character, within the state, to forward to the inspector of mines at his office, not later than the first day of June in each year, and in all cases when commencing operations, a detailed report showing the character of the mine, the number of men then employed and the estimated maximum number of men to be employed therein during the ensuing year, the method of working such mine and the general condition thereof, and such owner, lessor, lessee, agent, manager, or other person in charge of any mine within the state must furnish whatever information relative to such mine as the inspector of mines may from time to time require for his guidance in the proper discharge of his official duties.

      Sec. 2.  Section 9 of said act is hereby amended so as to read as follows:

      Section 9.  The inspector of mines shall have power to appoint two deputy inspectors, who shall each receive a salary of two hundred dollars per month, as full compensation for all services. Said deputies shall be allowed traveling expenses while in the discharge of their duties.

      Sec. 3.  Section 38 of said act is hereby amended so as to read as follows:

      Section 38.  It shall be unlawful for any person to ride upon the rim, bail or cable of a hoisting bucket, cage or skip, and it is hereby made the duty of every operator to post notice of same in all stations and upon all gallows frames.

 

________

 

CHAPTER 26

 

 

 

 

 

 

 

 

 

 

 

 

Court fees for certain proceedings

Chap. 26–An Act to amend section two of an act entitled “An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto,” approved February 27, 1883.

 

[Approved February 20, 1917]

 

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

Assembly, do enact as follows:

 

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

      Section 2.  Whenever any appeal from the final judgment or any order of a district court shall be taken to the supreme court, or whenever any special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise, shall be brought in or to the supreme court, the party appealing or bringing such special proceeding shall at or before the filing of the transcript on such appeal or petition in such special proceeding in the supreme court pay the clerk of the supreme court the sum of twenty-five dollars lawful money of the United States, which such payment shall be in full of all fees of the clerk of the supreme court in such action or special proceeding, and shall include the five-dollar court fee provided for in section 30 of the above-entitled act.


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

κ1917 Statutes of Nevada, Page 31 (CHAPTER 26)κ

 

five-dollar court fee provided for in section 30 of the above-entitled act. No such payment shall be required from, and no fees shall be charged by said clerk in any action brought in or to said court wherein the state or any officer or commission thereof is a party in his or its official capacity, against said officer or commission; provided, that in habeas corpus proceedings where the same are of a criminal or quasi-criminal nature, no fee shall be charged.

 

 

 

No fee in habeas corpus proceeding of criminal nature

 

________

 

CHAPTER 27

Chap. 27–An Act to amend section 646 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, being section 5588, Revised Laws of Nevada, 1912.

 

[Approved February 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 646 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, being section 5588, Revised Laws of Nevada, 1912, is hereby amended to read as follows:

      Section 646.  A tenant of real property, for a term less than life, is guilty of an unlawful detainer:

      1.  Where he continues in possession, in person or by subtenant, of the property or any part thereof, after the expiration of the term for which it is let to him. In all cases where real property is leased for a specified term or period, or by express or implied contract, whether written or parol, the tenancy shall be terminated without notice at the expiration of such specified term or period; or

      2.  When, having leased real property for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, after the end of any such month or period, in cases where the landlord, fifteen days or more prior to the end of such month or period, shall have served notice requiring him to quit the premises at the expiration of such month or period; or, in cases of tenancy at will where he remains in possession of such premises after the expiration of a notice of not less than five days.

      3.  When he continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises, shall have remained uncomplied with for the period of three days after service thereof. Such notice may be served at any time after the rent becomes due.

      4.  When he assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste thereon, or when he sets up or carries on therein or thereon any unlawful business, or when he suffers, permits, or maintains on or about said premises any nuisance, and remains in possession after service upon him of three days’ notice to quit.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tenant guilty of unlawful detainer, when


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κ1917 Statutes of Nevada, Page 32 (CHAPTER 27)κ

 

Tenant guilty of unlawful detainer, when

 

 

 

 

 

 

 

 

 

 

Proviso

thereon, or when he sets up or carries on therein or thereon any unlawful business, or when he suffers, permits, or maintains on or about said premises any nuisance, and remains in possession after service upon him of three days’ notice to quit.

      5.  When he continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property is held, other than those hereinbefore mentioned, and after notice, in writing, requiring in the alternative the performance of such condition or covenant, or the surrender of the property, served upon him, and, if there be a subtenant in actual occupation of the premises, also upon such subtenant, shall remain uncomplied with for five days after the service thereof. Within three days after the service, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person, interested in its continuance, may perform such condition or covenant and thereby save the lease from forfeiture; provided, that if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice as last prescribed herein need be given.

 

________

 

CHAPTER 28

Defective

Chap. 28–[This bill, after being numbered, was found defective and returned to the Governor. Chapter 52 is the same bill in correct form.]

 

________

 

CHAPTER 29

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain persons exempt from grand or trial juror duty

Chap. 29–An Act to amend an act to amend section 9 of an act entitled “An act concerning juries,” approved March 5, 1873; approved March 5, 1875; approved March 5, 1877; approved March 7, 1881; approved March 12, 1895, the same being section 4932, Revised Laws, 1912, approved March 6, 1915.

 

[Approved February 21, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 9 of an act entitled “An act concerning juries,” approved March 5, 1873, approved March 5, 1875, approved March 5, 1877, approved March 7, 1881, approved March 12, 1895; the same being section 4932, Revised Laws, 1912, approved March 6, 1915, is hereby amended so as to read as follows:

      Section 9.  Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no other, shall be exempt from service as grand or trial jurors: Any federal or state officer, judge, justice of the peace, county clerk, sheriff, constable, assessor, recorder, attorney at law, physician, nurse, married woman or school teacher, dentist, minister of the gospel, telegraph and telephone operator, locomotive or stationary engineer,


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

κ1917 Statutes of Nevada, Page 33 (CHAPTER 29)κ

 

or stationary engineer, locomotive fireman, conductor, brakeman, mail carrier, engaged in the actual carrying of the United States mail, on a regular mail route, and one-half of all members of each regularly enrolled fire company in the state, said half to be determined by the several fire companies respectively, and all officers of such fire companies, not exceeding ten for each company, and also in all cities and towns wherein there is a paid fire department, after such paid fire department shall have been organized and put in operation, all members of said fire department, and all persons who are now or may hereafter become members of any exempt fireman’s association, society, or organization within this state; but such exemption shall not extend to any member of such association, society, or organization, unless prior to becoming a member of the same, such member shall have served as an active fireman in some regularly organized fire department in this state for the period of three years, and also in all cities and towns in this state wherein there are volunteer fire departments, after such volunteer departments shall have been organized and put in operation all members thereof; and also, all members thereof who may hereafter become members of any exempt fireman’s association, society, or organization, within this state; but such exemption shall not extend to any member of such association, society, or organization, unless prior to becoming a member of the same such member shall have served as an active fireman in some regularly organized volunteer fire department in this state, for the period of five years; provided, that the entire exemption of such exempt firemen, where there is a paid fire department, shall not exceed in one town or city one hundred and fifty; and where there is a volunteer fire department the entire exemption shall not exceed, in any one town or city, fifty; and provided further, that any person liable to grand or trial jury duty residing sixty or more miles distant from the county-seat of his county shall be exempted from service on either grand or trial juries for the period of one year upon making affidavit to the fact that he so resides, and filing the same with the clerk of the district court of the district in which his county is situated, and paying to such clerk the sum of twenty-five dollars. Upon the receipt of such affidavit and such sum, the said clerk shall deliver to such person a certificate stating the fact of such receipts, and thereafter, for the period of one year from the date of such payment, the name of such person shall not be placed in the jury box, nor shall such person be selected as a grand or trial juror. It shall be the duty of said clerk, upon the receipt of said sum, to deliver the same to the county treasurer of his county, and the said treasurer shall immediately place the same to the credit of the general fund of said county.

Certain persons exempt from jury duty

 

 

 

Exempt firemen

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso; limitation of number exempt

 

Certain persons liable to jury duty, how may obtain exemption

 

________

 

 


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κ1917 Statutes of Nevada, Page 34κ

CHAPTER 30

 

 

 

 

Relief of Henderson Banking Co., Inc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $2,750

Chap. 30–An Act for the relief of Henderson Banking Company, Inc.

 

[Approved February 28, 1917]

 

      Whereas, The legislature of the State of Nevada at its twenty-seventh session passed an act making an appropriation of eight thousand ($8,000) dollars for the purpose of maintaining the state agricultural experiment dry farm located at Pleasant Valley, Elko County, State of Nevada, for the years 1915 and 1916; and

      Whereas, It seemed expedient to the governor for the reasons stated in his veto message to veto the said bill, whereby there was no money for the maintenance of the said experiment dry farm; and

      Whereas, It became and was necessary for the board of control of said dry farm to incur claims against the State of Nevada for settlement with the superintendent of said dry farm for maintaining the same and providing for the care of stock on said dry farm, and other incidental expenses connected therewith; and

      Whereas, Upon application to the board of examiners of the State of Nevada by resolution in writing, deficiencies in favor of the board of control of said dry farm were declared; and

      Whereas, Under said deficiencies claims were incurred by said board of control in the sum of two thousand seven hundred and fifty ($2,750) dollars; and

      Whereas, Claims for said deficiencies amounting to said sum have been duly presented to, examined and approved by said board of control and by the board of examiners of the State of Nevada; and

      Whereas, The claims therefor have been duly assigned to Henderson Banking Company, Inc.; and

      Whereas, The claim of Henderson Banking Company, Inc., for said amount is a just and legal claim against the State of Nevada; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of two thousand seven hundred and fifty ($2,750) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, in payment of the aforesaid claim of Henderson Banking Company, Inc., against the State of Nevada, and the state controller is hereby directed to draw his warrant upon the state treasury for said amount in favor of Henderson Banking Company, Inc., and the state treasurer is hereby directed to pay the same.

 

________

 

 


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κ1917 Statutes of Nevada, Page 35κ

CHAPTER 31

Chap. 31–An Act to amend section 461 of an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, effective January 1, 1912.

 

[Approved March 2, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 461 of an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, effective January 1, 1912, is hereby amended so as to read as follows:

      Section 461.  Any person who shall obtain food, lodging, or other accommodation at any hotel, inn, boarding, rooming, or eating house with intent to defraud the owner or keeper thereof, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the county jail for not more than six months. Proof that lodging, food, or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or neglected to pay for such food, lodging, or other accommodations, or that he gave in payment for such food, lodging, or other accommodation negotiable paper on which payment was refused, or that he absconded without paying, or offering to pay, for such food, lodging, or other accommodation, or that he surreptitiously removed or attempted to remove his baggage, shall be prima facie evidence of the fraudulent intent mentioned herein; but his act shall not apply where there has been an agreement in writing for delay in payment for a period to exceed ten days. All acts or other parts of acts that conflict herewith are hereby repealed.

 

 

 

 

 

 

 

 

 

Misdemeanor to defraud hotel, inn, or any boarding or lodging house

 

 

 

Proof of guilt

 

________

 

CHAPTER 32

Chap. 32–An Act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, and of acts amendatory thereof.

 

[Approved March 2, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 39 of the above-entitled act, being section 3651 of the Revised Laws of Nevada, is hereby amended to read as follows:

      Section 39.  Immediately after the second Monday in December of each year, the county treasurer and ex officio tax receiver shall advertise the property upon which delinquent taxes are a lien, for sale, in all cases where the delinquent tax, exclusive of poll taxes and penalties, does not exceed the sum of three hundred dollars, such sale to be made at the courthouse door of the county, on the third Monday in January next succeeding.

 

 

 

 

 

 

 

 

 

 

 

Sale of property for delinquent taxes


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κ1917 Statutes of Nevada, Page 36 (CHAPTER 32)κ

 

 

Notice, how published

 

 

 

 

 

 

What notice shall specify

 

 

 

 

 

 

 

Proviso as to redemption

 

 

Bids at said sales

 

 

 

Deed to be conclusive evidence of title

exceed the sum of three hundred dollars, such sale to be made at the courthouse door of the county, on the third Monday in January next succeeding. Such notice shall be published in a newspaper, if there be one in the county, at least once a week from the date thereof until the time of sale, and if there be no newspaper in the county, such notice shall be posted in at least three public places in each township where delinquent property is situate, such posting to be at least twenty days prior to the day of sale; provided, that the cost of such publication shall not exceed two dollars for each or any case of delinquency.

      Such notice shall specify and give:

      First-The name of the owner, if known.

      Second-The amount of taxes due from him, together with the penalty and costs.

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

      Fourth-And that ten per cent on such taxes and cost of advertising will be collected in addition to the original tax, or the property sold for all of said sums, specifying the time and place of said sale, and that such sale is subject to redemption within one year after the date of sale by payment of all of said sums with three per cent per month thereon from date of sale until paid; provided, that such redemption may be made in accordance with the provisions of the civil practice act of this state in regard to real property sold under execution, except as to percentage of redemption as in this section provided.

      The bidding at tax sales under the provisions of this section shall be for the smallest quantity of property that will pay the taxes, penalty, and costs.

      Sec. 2.  Section 54 of the above-entitled act, being section 3666 of the Revised Laws of Nevada, is hereby amended to read as follows:

      Section 54.  An act to regulate proceedings in civil cases in the courts of justice in the State of Nevada, approved March 9, 1869, and the several amendments thereto, or amendments which may hereafter be made thereto, or laws passed under the government of the State of Nevada, so far as the same are not inconsistent with the provisions of this act, are hereby made applicable to the proceedings under this act, and any deed derived from the sale of real property under this act shall be conclusive evidence of the title, except as against actual frauds or the payment of the taxes by one not a party to the action or judgment in or upon which such sale was made, and shall entitle the holder thereof to possession of such property, which possession may be obtained by action in a justice’s court for the unlawful withholding thereof in the same manner as where tenants hold over after the expiration of their lease; provided, that the officer in selling such property shall sell only the smallest quantity that will pay the judgment and all costs.


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κ1917 Statutes of Nevada, Page 37 (CHAPTER 32)κ

 

the officer in selling such property shall sell only the smallest quantity that will pay the judgment and all costs. All sales of real estate sold for taxes shall be subject to redemption at any time within one year after date of sale by the payment of all costs connected with the suit and sale, together with interest at the rate of three per cent per month from date of sale up to time of redemption. When property is sold belonging to minors or persons under legal disability, they shall have one year after such disability is removed to redeem such property, as in other civil cases, by paying the whole amount of the judgment and all subsequent taxes and interests paid by and due to the purchaser at such sale, and fifty per cent in addition thereto. But this provision shall not apply when the executor or administrator of the estate, or the father, or, in case of his death, the mother or guardian of such minor children, or insane persons, has been personally served with process.

      Sec. 3.  The above amendments shall not apply to redemptions from tax sales heretofore held, but only to property sold after the passage and approval of this act.

Proviso; smallest quantity

 

 

Redemption within one year, how effected

 

 

Exception

 

 

 

Not to apply to tax sales

 

________

 

CHAPTER 33

Chap. 33–An Act to amend section 259 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, being section 6116 of the Revised Laws of Nevada, and all acts amendatory thereof and supplementary thereto.

 

[Approved March 2, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 259 of the above-entitled act is hereby amended so as to read as follows:

      Section 259.  When any person having title to any estate, not otherwise limited by marriage contract, shall die intestate as to such estate, it shall descend and be distributed, subject to the payment of his or her debts, in the following manner:

      First-If there be a surviving husband or wife, and only one child, or the lawful issue of one child, one-half to the surviving husband or wife, and one-half to such child or issue of such child. If there be a surviving husband or wife and more than one child living, or one child living and the lawful issue of one or more deceased children, one-third to the surviving husband or wife, and the remainder in equal shares to his or her children, and to the lawful issue of any deceased child by right of representation. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descendants, and if all of the said descendants are in the same degree of kindred to the intestate they shall share equally, otherwise they shall take according to the right of representation.

 

 

 

 

 

 

 

 

 

 

 

 

Distribution of estate of intestate


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κ1917 Statutes of Nevada, Page 38 (CHAPTER 33)κ

 

 

 

Distribution of estate of intestate

the intestate they shall share equally, otherwise they shall take according to the right of representation.

      Second-If he or she shall leave no issue, the estate shall go, one-half to the surviving husband or wife, one-fourth to the intestate’s father, and one-fourth to the intestate’s mother, if both are living; if not, one half to either the father or mother then living. If he or she shall leave no issue, nor father, nor mother, the whole community property of the intestate shall go to the surviving husband or wife, and one-half of the separate property of the intestate shall go to the surviving husband or wife, and the other half thereof shall go in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation. If he or she shall leave no issue, or husband, or wife, the estate shall go, one-half to the intestate’s father and one-half to the intestate’s mother, if both are living, if not, the whole estate shall go to either the father or mother then living. If he or she shall leave no issue, father, mother, brother, or sister, or children of any issue, brother or sister, all of the property, both community and separate, of the intestate shall go to the surviving husband or wife.

      Third-If there be no issue, nor husband, nor wife, nor father, nor mother, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation.

      Fourth-If the intestate shall leave no issue, nor husband, nor wife, nor father, nor mother, and no brother or sister living at his or her death, the estate shall go to the next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors shall be preferred to those who claim through ancestors more remote; provided, however, if any person shall die leaving several children, or leaving one child and issue of one or more children, and any such surviving child shall die under age and not having been married, all of the estate that came to such deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who may have died, by right of representation.

      Fifth-If at the death of such child, who shall die under age and not having been married, all the other children of this said parent being also dead, and any of them shall have left issue, the estate that came to such child by inheritance from his or her said parent shall descend to all the issue of the other children of the same parent, and if all the said issue are in the same degree of kindred to said child they shall share the said estate equally; otherwise they shall take according to the right of representation.

      Sixth-If there be no surviving husband, or wife, or kindred, except a child or children, the estate shall, if there be only one child, all go to that child; and if there be more than one child, the estate shall descend and be distributed to all the intestate’s children, share and share alike.


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κ1917 Statutes of Nevada, Page 39 (CHAPTER 33)κ

 

dred, except a child or children, the estate shall, if there be only one child, all go to that child; and if there be more than one child, the estate shall descend and be distributed to all the intestate’s children, share and share alike.

      Seventh-If there be no surviving husband, or wife, or kindred, except a child or children and the lawful issue of a child or children, the estate shall descend and be distributed to such child or children and lawful issue of such child or children by right of representation, as follows: To such child or children each a child’s part, and to the lawful issue of each deceased child, by right of representation, the same part and proportion that its parent would have received in case such parent had been living at the time of the intestate’s death; that is, the lawful issue of any deceased child shall receive the part and proportion that its parent would have received had such parent been living at the time of the intestate’s death.

      Eighth-If there be no surviving husband, or wife, or kindred, except the lawful issue of a child or children, all of the estate shall descend and be distributed to the lawful issue of such child or children by right of representation, and this rule shall apply to the lawful issue of all such children and to their lawful issue ad infinitum.

      Ninth-If the intestate shall leave no husband, nor wife, nor kindred, the estate shall escheat to the state for the support of the common schools.

Distribution of estate of intestate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To school fund, when

 

________

 

CHAPTER 34

Chap. 34–An Act giving the clerk of the supreme court authority to appoint a deputy in his office.

 

[Approved March 2, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The clerk of the supreme court shall have the power, under his hand and seal, to appoint one deputy in his office, without compensation; the deputy so appointed may, during the absence or inability of the clerk of the supreme court, perform all the duties of a ministerial nature requisite and pertaining to the office.

 

 

 

 

 

 

 

 

Deputy for clerk of supreme court; no salary

 

________

 

 


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κ1917 Statutes of Nevada, Page 40κ

CHAPTER 35

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Elko County dry farm abolished

 

 

 

Effects to be transferred to capitol commissioners

 

 

 

Disposition of effects

 

 

 

 

 

 

Land to be conveyed to Elko County

 

Repeal

Chap. 35–An Act to repeal an act entitled “An act to establish an agricultural experiment dry farm in the northeastern part of this state, creating a commission in connection therewith, providing for its expenses and conferring certain powers thereon, imposing certain duties on the governor and attorney-general in relation thereto, providing for the government thereof, and making an appropriation therefor,” approved March 2, 1909, and providing for the disposition of the records, property and effects of said agricultural experiment dry farm.

 

[Approved March 2, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The act entitled “An act to establish an agricultural experiment dry farm in the northeastern part of this state, creating a commission in connection therewith, providing for its expenses and conferring certain powers thereon, imposing certain duties on the governor and attorney-general in relation thereto, providing for the government thereof, and making an appropriation therefor,” approved March 2, 1909, is hereby repealed.

      Sec. 2.  Upon the taking effect of this act, the board of control of the state agricultural experiment dry farm, located at Pleasant Valley, Elko County, Nevada, shall deliver to the board of capitol commissioners of the State of Nevada all records, property and effects belonging to or theretofore in any manner acquired by said board of control of said state agricultural experiment dry farm.

      Sec. 3.  It shall be the duty of said board of capitol commissioners to accept and receive said property and effects and to make such disposition of the same as, in the judgment of said board, shall be for the best interest of the state, and any and all personal or movable property shall be handled in the manner outlined in sections 4417 and 4418 of the Revised Laws of Nevada, 1912, and said board is hereby authorized to negotiate the sale of and sell any and all such real property, and to certify its action to the governor and secretary of state, who shall execute proper conveyances accordingly under the seal of the state; provided, however, that all of the real estate donated to the said state agricultural dry farm, located in Pleasant Valley, Elko County, Nevada, under the provisions of section 4 of the aforesaid act, shall be, by the said board of capitol commissioners, reconveyed to said Elko County.

      Sec. 4.  Any and all other acts or parts of acts in conflict with the provisions hereof are hereby repealed.

 

________

 

 


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κ1917 Statutes of Nevada, Page 41κ

CHAPTER 36

Chap. 36–An Act to provide for the printing of the papers of the Nevada Historical Society.

 

[Approved March 2, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The superintendent of state printing shall cause to be printed fifteen hundred copies of each biennial volume of historical papers issued by the Nevada Historical Society, all of which shall be delivered to the secretary of said society to be sold for the benefit of said society, or used by it for distribution to its members or for exchange.

      Sec. 2.  All plates for illustrating any volume shall be furnished to the state printer by the Nevada Historical Society, and all binding of the historical papers other than paper shall be paid for by the society.

 

 

 

 

 

 

 

 

Papers to be printed at state printing office

 

 

 

Plates and binding paid for by society

 

________

 

CHAPTER 37

Chap. 37–An Act to quiet title to real estate by defining when the lien of an attachment and mortgage and the notice of the pendency of an action expires.

 

[Approved March 2, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The lien upon real property heretofore or hereafter created by the levy of a writ of attachment shall, unless otherwise released and discharged of record, at the expiration of ten years from the time of such levy terminate and be conclusively presumed to have been regularly released and discharged.

      Sec. 2.  The lien heretofore or hereafter created of any mortgage upon any real estate, appearing of record, and not otherwise satisfied and discharged of record, shall at the expiration of ten years after the debt secured by said mortgage according to the terms thereof become wholly due, terminate, and it shall be conclusively presumed that said debt has been regularly satisfied and said lien discharged.

      Sec. 3.  Notice of the pendency of any action shall not constitute notice or be of any force or effect after the expiration of ten years from the time of the filing of such notice.

      Sec. 4.  All acts and parts of acts in conflict herewith are hereby repealed.

 

 

 

 

 

 

 

 

Attachment liens on real property expire in 10 years

 

Mortgage liens, same

 

 

 

 

Notice of no effect after 10 years

 

Repeal

 

________

 

 


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κ1917 Statutes of Nevada, Page 42κ

 

CHAPTER 38

 

 

 

 

 

 

 

 

Notary public connected with bank may take acknowledgment of instruments of said bank, unless direct party

Chap. 38–An Act concerning notaries public who are stockholders, directors, officers, or employees of banks or other corporations.

 

[Approved March 2, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be lawful for any notary public who is a stockholder, director, officer or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by such corporation, or to administer an oath to any other stockholder, director, officer, employee, or agent of such corporation, or to protest for nonacceptance or nonpayment of bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by such corporation; provided, it shall be unlawful for any notary public to take the acknowledgment of an instrument by or to a bank or other corporation of which he is a stockholder, director, officer, or employee, where such notary is a party to such instrument, either individually or as a representative of such corporation, or to protest any negotiable instrument owned or held for collection by such corporation, where such notary is individually a party to such instrument.

 

________

 

CHAPTER 39

 

 

 

 

 

 

 

 

Care of G. A. R. cemetery

 

$150 to be paid each year-1917 and 1918

 

 

 

 

Duties of controller and treasurer

Chap. 39–An Act appropriating three hundred dollars for watering and care of the Grand Army cemetery at Carson City.

 

[Approved March 2, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of three hundred dollars is hereby appropriated, out of any money in the general fund not otherwise appropriated, for the purpose of watering and caring for the Grand Army cemetery at Carson City, Nevada.

      Sec. 2.  Annually on the first Mondays in September, 1917 and 1918, the state board of examiners shall audit and allow to the quartermaster of Custer Post No. 5, Department of California and Nevada, at Carson City, Nevada, the sum of one hundred and fifty dollars on the filing with said board of examiners by said post quartermaster, the claim and sworn statement that the amount has been expended as provided in section 1 of this act.

      Sec. 3.  The state controller is hereby authorized and required to draw his warrants in favor of said post quarter-master for the sum named in this act, and the state treasurer is hereby authorized and required to pay the same.

 

________

 

 


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κ1917 Statutes of Nevada, Page 43κ

CHAPTER 40

Chap. 40–An Act to amend section 2 of an act entitled “An act to segregate the offices of sheriff and county assessor of Lyon County, State of Nevada, and fixing the salaries of said officers; to take effect on the first Monday in January, A. D. 1913,” approved March 18, 1911.

 

[Approved March 2, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section two of said act is hereby amended to read as follows:

      Section 2.  From and after said date the sheriff of said Lyon County shall receive an annual salary of three thousand dollars, payable in twelve equal installments at the end of each calendar month. He shall pay into the treasury of said county each month all moneys collected by him as fees or to which he may be entitled as commissions. Said salary shall be in full compensation for all services and duties performed or to be performed by him as said sheriff. Said sheriff shall have authority to appoint a deputy, who shall act as jailer and janitor, and who shall receive an annual salary of twelve hundred dollars. Said sheriff may, when the public needs of the county may require it, and when authorized and directed by the board of county commissioners, appoint one or more extra additional deputy sheriffs for said Lyon County, whose appointments shall be for such time as said board of county commissioners shall deem necessary, and whose compensation shall be fixed by said board of county commissioners, but shall not be in excess of one hundred dollars per month for each extra deputy so appointed.

      Sec. 3.  From and after the first Monday in January, A. D. 1913, the county assessor of Lyon County shall receive an annual salary of eighteen hundred dollars, payable in twelve equal installments at the end of each calendar month.

      Sec. 4.  This act shall take effect immediately after its passage and approval, and all acts and parts of acts in conflict herewith are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff of Lyon County fixed

 

 

 

Sheriff may appoint deputies, when

 

 

 

 

 

 

 

Salary of assessor of Lyon County

 

In effect; repeal

 

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CHAPTER 41

Chap. 41–An Act to amend section 5, as the same has heretofore been amended, of an act entitled “An act to secure liens to mechanics and others, and to repeal all other acts in relation thereto,” approved March 2, 1875, being section 2217, Revised Laws of Nevada, 1912.

 

[Approved March 3, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5, as the same has heretofore been amended, of an act entitled “An act to secure liens to mechanics and others and to repeal all other acts in relation thereto,” approved March 2, 1875, is hereby amended as follows:

 


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κ1917 Statutes of Nevada, Page 44 (CHAPTER 41)κ

 

 

 

Relating to liens of mechanics and others

 

 

 

 

 

 

 

 

 

 

 

 

 

Error in names not to defeat liens

mechanics and others and to repeal all other acts in relation thereto,” approved March 2, 1875, is hereby amended as follows:

      Section 5.  Every person claiming the benefit of this chapter shall, not earlier than ten days after the completion of his contract, or the delivery of material by him, or the performance of his labor, as the case may be, and not later than fifty days after such completion of his contract or the delivery of material or performance of labor by him, file for record with the county recorder of the county where the property or some part thereof is situated, a claim containing a statement of his demand after deducting all just credits and offsets, with the name of the owner or reputed owner if known, also the name of the person by whom he was employed or to whom he furnished the material, with a statement of the terms, time given, and conditions of his contract, and also a description of the property to be charged with the lien sufficient for identification, which claim must be verified by the oath of himself or some other person. Upon the trial of any action or suit to foreclose such lien no variance between the lien and the proof shall defeat the lien or be deemed material unless the same shall result from fraud or be made intentionally, or shall have misled the adverse party to his prejudice, but in all cases of immaterial variance the claim of lien may be amended, by amendment duly recorded, to conform to the proof. No error or mistake in the name of the owner or reputed owner contained in any claim of lien shall be held to defeat the lien, unless a correction of the lien in this particular shall prejudice the rights of an innocent, bona fide purchaser or encumbrancer for value. But upon the trial, if it shall appear that an error or mistake has been made in the name of the owner or reputed owner, or that the wrong person has been named as owner or reputed owner, in any such claim of lien, the court shall order an amended claim of lien to be recorded with the recorder where the original claim was recorded, and shall issue to the person who is so made to appear to be the original or reputed owner, a notice directing such person or persons to be and appear, within the same time as is provided by law for the appearance in other actions after the service of summons, and said notice shall be served in all respects as a summons is required to be served, before said court and to show cause why he should not be substituted in said claim of lien and in said suit in lieu of the person so made defendant and alleged to be owner or reputed owner by mistake, and to further show why he should not be bound by the judgment or decree of the court. And such proceedings shall be had therein as though the party so cited to appear had been an original party defendant in the action or suit, and originally named in the claim of lien as owner or reputed owner, and the rights of all parties shall thereupon be fully adjudicated.


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κ1917 Statutes of Nevada, Page 45 (CHAPTER 41)κ

 

or suit, and originally named in the claim of lien as owner or reputed owner, and the rights of all parties shall thereupon be fully adjudicated.

Adjudication of rights

 

________

 

CHAPTER 42

Chap. 42–An Act authorizing and empowering the city council of the city of Reno, in the county of Washoe, State of Nevada, to dispose of certain parcels of real estate.

 

[Approved March 5, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The city council of the city of Reno is hereby authorized and empowered to act as follows: To grant, bargain, and sell to the Riverside Mill Company, a corporation organized and doing business under and by virtue of the laws of the State of Nevada, with its principal place of business in the city of Reno, the following-described property, in the city of Reno, county of Washoe, State of Nevada: Starting at the southeast corner of block “W,” Reno townsite; thence westerly along the south line of said block “W” one hundred and ten one-hundredths (100.10) feet; thence northerly parallel to Center street seventy-nine and thirty-three one-hundredths (79.33) feet to the point of beginning; thence westerly at right angles twenty-nine and twenty-five one-hundredths (29.25) feet; thence northeasterly along the south line of the Riverside Mill Company’s ditch, commonly known as the “Riverside Mill Ditch,” thirty-three (33) feet; thence southerly parallel to Center street sixteen (16) feet to the point of beginning; said property to be granted, bargained, and sold as aforesaid for and in consideration of the Riverside Mill Company’s granting, bargaining, and selling to the city of Reno its surface rights over and above the Riverside mill ditch, in the city of Reno, county of Washoe, owned by it, where said ditch crosses, or may cross, the east one hundred feet of lot twelve and the south half of lot eleven in block “W,” Reno townsite; further granting, bargaining, and selling the right, privilege, and power to said city of Reno to keep the surface of said ditch in the east one hundred feet of lot twelve and the south half of lot eleven as aforesaid covered and bridged over on a level with the surface of the contiguous property of said city of Reno.

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

 

 

 

 

 

 

 

 

 

Reno city council to transfer certain property to Riverside Mill Co.

 

 

 

 

 

 

 

 

 

Conditions of transfer

 

 

 

 

 

 

 

 

Repeal

 

________

 

 


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κ1917 Statutes of Nevada, Page 46κ

CHAPTER 43

 

 

 

 

 

 

 

 

 

 

 

Capitol commissioners to employ engineer, two janitors, one gardener, two watchmen

 

 

May be transferred

Chap. 43–An Act to amend section number 10 of an act entitled “An act providing for a state board of capitol commissioners, defining their duties and powers, and repealing all acts in conflict therewith,” approved March 20, 1911.

 

[Approved March 6, 1917]

 

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

Assembly, do enact as follows:

 

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

      Section 10.  Said board is authorized to employ an engineer at a salary of one hundred and twenty-five dollars per month, and two janitors, one gardener, and two watchmen at a salary of one hundred and ten dollars per month each; provided, that the watchman whose duty it shall be to guard the vault of the state treasury shall be designated by the state treasurer. Said board is also empowered to employ such additional assistance as necessity may require. Said employees shall perform such duties as said board may direct, and may be transferred from one branch of employment to another, and they shall take care of all the buildings, grounds and offices under the control of said board.

 

________

 

CHAPTER 44

 

 

 

 

 

 

 

 

 

 

Sheriff of Lincoln County to appoint deputy sheriffs

Chap. 44–An Act to amend section five of an act entitled “An act concerning Lincoln County officers and fixing their salaries;” approved March 25, 1915.

 

[Approved March 7, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  That section five of said act entitled “An act concerning Lincoln County officers, and fixing their salaries,” is hereby amended to read as follows:

      Section 5.  The sheriff of Lincoln County, Nevada, is hereby authorized and empowered to appoint two (2) deputies, one of said deputies to be stationed at Pioche, Lincoln County, Nevada, and the other to be stationed at Caliente, Lincoln County, Nevada, and each to receive a salary of not to exceed one hundred and twenty-five dollars per month. The said sheriff may also appoint such other deputies as may be necessary, upon the approval of the board of county commissioners of Lincoln County, Nevada, but deputies appointed by the said sheriff, with the approval of the county commissioners, other than the two above-mentioned deputies stationed at said town of Pioche and said town of Caliente, shall each receive a salary not to exceed the sum of one hundred dollars per month; that the deputy stationed at Pioche shall also act as jailer, but shall receive no further compensation for services rendered as jailer other than that allowed for his services as deputy sheriff.


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κ1917 Statutes of Nevada, Page 47 (CHAPTER 44)κ

 

allowed for his services as deputy sheriff. Each of the salaries hereinbefore authorized shall be allowed and paid in the same manner and from the same fund as the salaries of other officers are paid.

      Sec. 2.  This act shall be in full force and effect on and after the fifth day of March, 1917, and all acts and parts of acts in conflict herewith shall then be repealed.

 

 

 

In effect March 5, 1917

 

________

 

CHAPTER 45

Chap. 45–An Act regulating the breeding of cattle on open ranges within the State of Nevada; defining a standard of breeding for bulls running upon the open range; fixing responsibility and providing a penalty for the violation of any provision of this act.

 

[Approved March 7, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  It is hereby made unlawful to turn loose, range, or run at large, any cattle where the same may have access to a domain or range common to other cattle, without keeping therewith, between the first day of June and the first day of November of each year, one bull for every thirty head or fraction thereof of female breeding cattle so ranged; provided, however, that any person ranging or running at large no greater number than fifteen head of female breeding cattle may jointly provide and arrange with another for an interest in a bull running at large on the open range where such female breeding cattle may range or run. For the purposes of this act, any heifer of the age of twelve months or over shall be considered a breeding cow.

      Sec. 2.  It is hereby made unlawful to turn loose or allow to run at large upon a domain or range common to other cattle, any bull other than such as may be at least three-quarter pure blood of some recognized beef breed of cattle. A three-quarter pure blood bull, as contemplated by this act, must be a bull having a registration certificate from the breed association of its respective breed, or one whose breeder has issued a certificate or made an affidavit under oath stating therein that the bull is at least three-quarter pure blood and stating the breed to which it belongs. Such certificate or affidavit shall be filed with the county recorder of the county in which the owner of such bull or bulls resides; or if the owner thereof be a nonresident of this state, then such certificate or affidavit shall be recorded in the county or counties in which such bull or bulls are to be ranged; and the county recorder shall provide a book for the recordation of such certificate or affidavit. Such certificate or affidavit shall be filed with the county clerk, as herein provided, on or before the day on which any such bull or bulls are permitted to run at large.

 

 

 

 

 

 

 

 

 

 

Range cattle to have one bull for every 30 cows

 

 

 

 

 

 

 

Bulls must be at least three-quarters pure blood

 

 

Certificate of pedigree to be filed


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κ1917 Statutes of Nevada, Page 48 (CHAPTER 45)κ

 

 

Penalties for violation

 

 

 

 

 

 

 

 

 

 

In effect Jan. 1, 1918

Repeal

      Sec. 3.  The violation of any of the provisions of this act is hereby declared to be a misdemeanor; and any person or persons, firm, copartnership, or corporation violating any of the provisions of this act shall, upon conviction thereof, be punished by a fine of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. Any manager, superintendent, foreman, or herdsman, or any other person having charge or supervision over the cattle or live stock of any corporation doing business or ranging cattle within this state, who knowingly ranges or runs or permits to be ranged or run at large upon any range of this state the cattle of such corporation without first having complied with the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine or imprisonment, or both, as herein provided.

      Sec. 4.  This act shall take effect and become operative January 1, 1918.

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

 

________

 

CHAPTER 46

 

 

 

 

 

 

 

 

Fees of clerk of Clark County

Chap. 46–An Act to regulate the fees of the county clerk of Clark County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.

 

[Approved March 7, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county clerk of the county of Clark, State of Nevada, as county clerk and ex officio clerk of the district court of the Tenth judicial district of the State of Nevada, in and for the county of Clark, shall, from and after the passage of this act, charge and collect the following fees:

      On commencement of any action or proceeding in the district court or on an appeal thereto or on the transfer of any case from a justice’s court, except probate proceedings, to be paid by the party commencing such action or proceeding or taking such appeal, or on the transfer of a case from a justice’s court, by the plaintiff therein, seven dollars; said fee to be in addition to the court fee now provided 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; said fee to be in addition to the court fee now provided by law.

      On filing a petition to contest any will or codicil, five dollars, to be paid by the petitioner.

      On the filing of objection or cross-petition to the appointment of an executor, administrator, or guardian, or an objection to the settlement of account or any other proceedings in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party.


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κ1917 Statutes of Nevada, Page 49 (CHAPTER 46)κ

 

an estate or guardianship matter, five dollars, to be paid by the moving or objecting party.

      On the commencement of proceedings in an adoption case, one dollar.

      On the appearance of any defendant or any number of defendants answering jointly, two dollars.

      On the appearance of every additional defendant, appearing separately, or any number of additional defendants, appearing jointly, one dollar and fifty cents.

      On the filing of a complaint in intervention, one dollar 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.

      The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for:

      For filing any notice of motion to move for a new trial of any civil action or proceedings, to be paid by the party filing same, two dollars and fifty cents, which shall be in full for all services to be rendered in connection with said motion.

      For issuing an execution or order of sale, in any action, one dollar.

      For filing a notice of appeal, and appeal bond, each, fifty cents.

      For filing remittitur from the supreme court, one dollar, and for recording judgment entered thereon, twenty cents per folio.

      For issuing transcript of judgment and certifying thereto, one dollar.

      For filing and docketing abstract of judgment of justice’s court and issuing execution thereon, one dollar and fifty cents.

      For filing any paper in any case after judgment, not otherwise provided for, fifteen cents.

      For making satisfaction of or credit on judgment, twenty-five cents.

      For recording any instrument or paper required to be recorded in his office, other than an instrument or paper in an action or proceeding in court as otherwise specified in this act, twenty cents per folio.

      For certifying any copy of any record, proceedings, or paper on file in the office of the clerk, fifty cents, and when such copy is made by him, per folio, fifteen cents.

      For filing each claim in probate or insolvency proceedings, fifteen cents.

      For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each, fifteen cents; and for indexing, twenty-five cents.

      For filing, indexing and recording articles of incorporation, five dollars.

Fees of clerk of Clark County


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κ1917 Statutes of Nevada, Page 50 (CHAPTER 46)κ

 

Fees of clerk of Clark County

 

 

 

 

 

 

 

 

 

 

 

 

 

All fees paid in county treasury

Repeal

      For filing, indexing and registering certificates of copartnership, one dollar.

      For issuing marriage licenses, two dollars.

      For administering each oath, without certificate, except in a pending action or proceeding, twenty-five cents.

      For issuing any certificate under seal, not otherwise provided for, fifty cents.

      For taking any affidavit, except in criminal cases, twenty-five cents.

      For searching records or files in his office, for each year, fifty cents, but not to charge suitors or attorneys.

      For taking acknowledgements of any deed or other instrument, including the certificate, fifty cents.

      No fee shall be charged by the clerk for any services rendered in any criminal case or in habeas corpus proceedings.

      In all proceedings begun, or for acts performed, previous to this act become a law, such fees and charges as were provided by law at the time such action or proceeding was begun or act performed shall be charged and collected.

      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 Clark County each month.

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

 

________

 

CHAPTER 47

 

 

 

 

 

 

 

 

Fees and mileage for witnesses in criminal cases in Lyon County

 

 

 

 

 

Proviso

Chap. 47–An Act fixing the fees and compensation of witnesses in criminal cases in and for the county of Lyon, State of Nevada, and providing payment therefor.

 

[Approved March 7, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  All witnesses subpenaed in criminal cases to appear before the district court of Lyon County, State of Nevada, shall receive as fees three dollars per diem from the date of their appearance at court (as per subpena) until excused. The clerk of said court shall keep a pay-roll, 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. The clerk of said court shall forthwith give a statement of such amount to the county auditor of said Lyon 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 in the matter tried.

 

________

 

 


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κ1917 Statutes of Nevada, Page 51κ

CHAPTER 48

Chap. 48–An Act fixing the compensation of the justice of the peace of Las Vegas township, Clark County, Nevada.

 

[Approved March 7, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the first day of March, 1917, the duly elected, qualified and acting justice of the peace of Las Vegas township, Clary County, Nevada, shall receive the sum of one hundred and twenty-five dollars per month in lieu of all fees as are now allowed said officer by law.

      Sec. 2.  All fees received by the said justice of the peace in the performance of his official duties shall be paid into the county treasury of Clark County each month by said justice of the peace.

      Sec. 3.  The county commissioners of Clark County are hereby directed and required to allow the sum of one hundred and twenty-five dollars per month to said justice of the peace, as a just claim against the county. The county auditor is hereby required to draw his warrant for the said sum in favor of said justice of the peace, and the county treasurer is hereby directed to pay the same.

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

 

 

 

 

 

 

 

 

 

Salary of justice of the peace of Las Vegas

 

Fees go to county treasury

 

 

Salary to be allowed monthly

 

 

 

Repeal

 

________

 

CHAPTER 49

Chap. 49.  An Act to protect the people of the State of Nevada from the pollution of its public streams, making an appropriation therefor, and controlling the administration thereof.

 

[Approved March 8, 1917]

 

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 attorney-general, with the consent of the governor, to commence such action or actions, suit or suits, against any and all persons, municipalities, towns, cities, corporations, or associations, as may be necessary to prevent or restrain the pollution of any public stream or streams of the State of Nevada, or any public stream or streams running in, into or through the State of Nevada, whether the source of pollution be within or without the State of Nevada.

      Sec. 2.  The attorney-general is authorized, empowered, and directed, with the consent of the governor, to take such proceedings and commence and maintain such action or actions, suit or suits, as may be necessary or proper to prevent or restrain the pollution of any public stream or streams in the State of Nevada, or any public stream or streams running into, in or through the State of Nevada and to maintain and prosecute such action or actions, suit or suits, in the name of the State of Nevada, whether the source of pollution be within or without the State of Nevada.

 

 

 

 

 

 

 

 

 

To prevent pollution of public waters

 

 

 

 

Attorney-general authorized to institute suits


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κ1917 Statutes of Nevada, Page 52 (CHAPTER 49)κ

 

 

 

 

Appropriation, $10,000

 

 

 

Legislative hold-over committee to be appointed

 

 

 

 

 

Committee to act as advisory board

 

 

 

 

Majority may act

 

Examiners to approve all expenditures

and prosecute such action or actions, suit or suits, in the name of the State of Nevada, whether the source of pollution be within or without the State of Nevada.

      Sec. 3.  For the purpose of carrying out the provisions of this act there is hereby appropriated, from the general fund of the State of Nevada, the sum of ten thousand ($10,000) dollars; provided, that not more than $1,000 of this amount be expended for attorney fees.

      Sec. 4.  Within ten (10) days after the passage and approval of this act, the president of the senate shall appoint one member of the senate and the speaker of the assembly shall appoint one member of the assembly, who shall constitute a committee of the legislature for the purposes hereinafter mentioned; they shall continue to exercise the duties of such committee until ten days after the convening of the next regular session of the legislature, within which ten days their successors shall be appointed in the same manner and the committee shall be perpetuated indefinitely in the same manner. Any vacancy in the committee which may occur from any cause, including failure of the proper officer to appoint, shall be filled by the governor.

      Sec. 5.  The committee hereby created, together with the governor and attorney-general, shall constitute an advisory board for the purpose of carrying out this act, which board shall have power to select, employ, and fix the compensation of such legal assistants, experts, chemists, stenographers, and other assistants to the attorney-general and to authorize such other expenses as they may deem necessary and proper to carry out the provisions of this act.

      Sec. 6.  A majority of the advisory board may act upon all matters. In case of a tie vote the governor shall cast an additional deciding vote.

      Sec. 7.  All expenditures from the appropriation hereby made shall be subject to the approval of the board of examiners.

 

________

 

CHAPTER 50

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of regents of university

Chap. 50–An Act to amend section 3 of an act entitled “An act relating to the state university and matters properly connected therewith,” approved February 7, 1887.

 

[Approved March 8, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 3.  The powers and duties of the board of regents are as follows:

      First-To prescribe rules for their own government, and for the government of the university.

      Second-To prescribe rules for the reports of officers and teachers of the university.


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κ1917 Statutes of Nevada, Page 53 (CHAPTER 50)κ

 

      Third-To prescribe the course of study, the time and standard of graduation and the commencement and duration of the terms, and the length of the vacations of the university.

      Fourth-To prescribe the text-books, and provide apparatus and furniture for the use of pupils.

      Fifth-To appoint a president of the University of Nevada, who shall have a degree from a college or university recognized as equal in rank to those having membership in the Association of American Universities, who has had at least five years of practical experience as an educator in a college or university of good standing, three years of which must have been during the five years immediately preceding the date of his appointment, who is familiar with the modern methods of imparting instruction in the United States, and who shall be endorsed as to moral character and qualifications as an educator by the president and faculty of three institutions of learning authorized by law to confer degrees. The word “faculty,” as used in this section, shall be construed to mean any academic body of any college or university which shall include all department heads. A resolution adopted by any such faculty and signed by the president shall constitute a valid endorsement in the meaning of this act.

      Sixth-To prescribe the duties of the president, and fix his salary, and the salaries of all other teachers in the university.

      Seventh-To require the president, under their direction, to establish and maintain training or model schools, and require the pupils of the university to teach and instruct classes therein.

      Eighth-To control the expenditures of all moneys appropriated for the support and maintenance of the university, and all moneys received from any source whatsoever.

      Ninth-To keep open to public inspection an account of receipts and expenditures.

      Tenth-To annually report to the governor a statement of all their transactions, and of all other matters pertaining to the university.

      Eleventh-To transmit with such report a copy of the president’s annual report.

      Twelfth-To revoke any diploma by them granted, on receiving satisfactory evidence that the holder thereof is addicted to drunkenness, is guilty of gross immorality, or is reputably dishonest in his or her dealings; provided, that such person shall have at least thirty days’ previous notice of such contemplated action, and shall, if he or she asks it, be heard in his or her own defense.

Powers and duties of regents of university

 

________

 

 


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κ1917 Statutes of Nevada, Page 54κ

CHAPTER 51

 

 

 

 

 

 

 

 

 

 

 

State rabies commission created

 

How composed

 

 

 

 

 

 

 

Appropriation, $35,000 annually for 1917 and 1918

 

 

 

 

 

 

 

Duties of commission

Chap. 51–An Act creating the state rabies commission, prescribing its membership and duties, and making an appropriation for the control and eradication of rabies and noxious animals within the State of Nevada, in cooperation with the biological survey of the U. S. Department of Agriculture.

 

[Approved March 8, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  That for the purpose of cooperating with the biological survey of the U. S. Department of Agriculture, for the control and eradication of rabies and noxious animals within the State of Nevada, there is hereby created the state rabies commission, consisting of the governor and four members to be appointed by the governor, one of whom shall be the director of the state veterinary control service, who shall act as secretary of the commission without extra compensation as such, and one each to be appointed from the state board of sheep commissioners, the state board of stock commissioners, and the state board of health. The governor shall be ex officio chairman of said commission. The members of said commission shall serve without salary, but shall be allowed their traveling and living expenses while attending meetings, or otherwise directly engaged in such control or extermination work.

      Sec. 2.  For the cooperative support of the work of control and eradication of rabies and noxious animals as aforesaid there is hereby appropriated thirty-five thousand ($35,000) dollars annually for each of the fiscal years 1917 and 1918, from any moneys in the state treasury not otherwise appropriated. For said fiscal years 1917 and 1918 an ad valorem tax of two cents on each one hundred dollars of taxable property in the State of Nevada is hereby levied and directed to be collected upon all such taxable property in the state, including net proceeds of mines, the proceeds of which shall be placed in a special fund in the state treasury for the purpose of meeting the appropriation heretofore provided for in this section. All claims against said fund and appropriation shall be approved by the chairman and secretary of said commission and by said board of examiners.

      Sec. 3.  It shall be the duty of said commission to enter into a definite agreement with said biological survey, prescribing the manner, terms, and conditions of such cooperation, and the amounts which the state and federal government will respectively contribute thereto, for each of said fiscal years, and said commission in its work under the provisions of this act shall be governed by said agreement.

 

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κ1917 Statutes of Nevada, Page 55κ

CHAPTER 52

Chap. 52–An Act to amend an act entitled “An act in relation to public highways,” approved March 9, 1866.

 

[Approved March 9, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of the above-entitled act is hereby amended to read as follows:

      Section 5.  If twenty-four freeholders of any county shall petition the board of county commissioners of such county for the location, opening to the public use, reestablishment, change or vacation of any road or highway to connect with any highway heretofore established, or any street or alley in any unincorporated town in such county, setting forth in such petition the beginning, course and termination of such road, highway, street or alley proposed to be located, open to public use, reestablished, changed or vacated, together with the names of the owners or occupants of the land through which the same may pass, the auditor of such county shall lay such petition before the board of county commissioners at their next session thereafter, and thereupon such board of county commissioners may, within twenty days thereafter, proceed to locate, open to public use, reestablish, change or vacate such road, highway, street or alley; and the width of all public highways laid out or open under the provisions of this act shall be regulated and established by such boards of county commissioners; provided, no such highways shall exceed in width sixty feet. Before opening any new road, street or alley through any property, it shall be condemned to public use as follows: The board of county commissioners shall appoint two disinterested persons to view, lay out and locate such new road, street or alley, and such two persons in conjunction with two others, chosen by any owner or occupant, or by the several owners or occupants of the property to be traversed by such road, street or alley, shall ascertain the damage done to any property so traversed, after deducting any advantage arising from such road, street or alley, to the owner or occupant of such property. If such four persons cannot agree as to such damages, then they shall choose a fifth, and the decision of a majority of them shall govern, and be reported to the board of county commissioners. If the owner or owners or occupants of any property so condemned shall not acquiesce in the amount of damages so reported, an examination may be had before the board and witnesses be examined for the state and such owner or owners or occupants, and the decision of the board shall be final, unless such owner or owners or occupants appeal from the decision of the board within thirty days after such decision to the district court, which he or they may do in the same manner that appeals are taken from justices’ courts to the district court. Upon finally determining such damages, the board shall provide for the payment of such damages, either by the person interested in such road, street or alley, or pay the same out of the county treasury as other claims are paid, and after such payment is made the board shall then cause such road, street or alley to be opened.

 

 

 

 

 

 

 

 

 

 

Thorough-fares may be opened upon petition of 24 freeholders

 

 

 

 

 

 

 

 

 

 

Not to exceed 60 feet in width

 

Method of procedure


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κ1917 Statutes of Nevada, Page 56 (CHAPTER 52)κ

 

 

 

 

Duties of county commissioners

 

 

 

Proviso

such damages, the board shall provide for the payment of such damages, either by the person interested in such road, street or alley, or pay the same out of the county treasury as other claims are paid, and after such payment is made the board shall then cause such road, street or alley to be opened. The board of county commissioners in their respective counties in the state are hereby authorized and empowered to accept the grant of rights of way for the construction of highways over public land of the United States not reserved for public uses, contained in section 2477 of the Revised Statutes of the United States, and such acceptance shall be by resolution of such county commissioners spread upon the records of their proceedings; provided, that nothing herein contained shall be construed to invalidate the acceptance of such grant by general public use and enjoyment, heretofore or hereafter had. Such board of county commissioners are further authorized and empowered to locate and determine the width of such rights of way, provided the same shall not exceed in width sixty feet, and to locate, open for public use and establish thereon public roads or highways.

 

________

 

CHAPTER 53

 

 

 

 

 

 

 

 

 

 

 

 

Creating office of state auditor

 

 

Qualifications of appointee

 

 

Duties of state auditor

Chap. 53–An Act to provide for the appointment of a state auditor, fix his compensation, prescribe his duties, to inspect and audit public accounts and to establish a uniform system of public accounting, cost-keeping and reporting, and matters relating thereto, and to repeal certain acts and parts of acts in conflict herewith.

 

[Approved March 10, 1917]

 

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 a state auditor, who shall hold office for the term of four years from and after his appointment or until his successor shall have been appointed. The governor may at any time, for cause, remove said state auditor. His successor shall, in all cases, have the qualifications hereinafter provided.

      Sec. 2.  The state auditor shall be a person duly qualified for the position. He shall be thoroughly versed in the science of bookkeeping and accounts, single and double entry, combination loose-leaf, and other systems in common use, auditing, and commercial law.

      Sec. 3.  It shall be the duty of the state auditor, at least once in each calendar year, to make a thorough audit of the books and accounts of all state offices, departments, and institutions required by law to keep books or accounts showing the receipt or payment of money by, for, or on account of the state, and report the result of such audit to the governor forthwith. It shall further be the duty of the state auditor, at least once in each calendar year, to make a thorough audit of the books and accounts of all county officials required by law to have and keep their offices at the county-seats of the several counties in this state; copies of such reports relating to the accounts of the officers of the different counties shall be furnished by the state auditor to the governor, the state controller, and the clerk of the board of county commissioners of the several counties.


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κ1917 Statutes of Nevada, Page 57 (CHAPTER 53)κ

 

auditor, at least once in each calendar year, to make a thorough audit of the books and accounts of all county officials required by law to have and keep their offices at the county-seats of the several counties in this state; copies of such reports relating to the accounts of the officers of the different counties shall be furnished by the state auditor to the governor, the state controller, and the clerk of the board of county commissioners of the several counties. The state auditor shall formulate and prescribe a uniform system of accounting, cost-keeping, and reporting for every state and county office, department, or institution which shall exhibit the true financial condition, correct accounts, and statements of funds collected, received, and expended for account of the public, for any purpose whatever and by all public officers, employees, or other persons; such accounts or statements to show the receipt, use, and disposition of all public property, and the income, if any, derived therefrom, and of all sources of public income and the amounts due and received from each source, all receipts, vouchers, and other documents kept, or that may be required to be kept, necessary to prove the validity of each transaction, and all statements and reports made or required to be made for the internal administration of the office to which they pertain, and all statements and reports regarding any and all details of the financial administration of public affairs.

      Sec. 4.  The system provided for in the preceding section shall be submitted by the state auditor in all of its detail to the state board of revenue and the state board of accountancy in joint session, and when approved by said boards and by the governor said system shall be installed under the supervision of said state auditor in any or all state and county offices, institutions and departments; provided, however, that the state auditor in making such installation shall give due consideration to the possibilities of confusion in business detail and may defer temporarily such installation in whole or in part if in his judgment the best interests of the public will be thereby served.

      Sec. 5.  All public officials, or other persons required to keep accounts or records of public financial affairs, shall, immediately upon being served with a copy of the order by the governor for the installation of any determined system of accounts or reports, proceed with the installation of such system under the supervision and direction of the state auditor. All necessary expense attached to such installation for books, records, and supplies, if for state offices, shall be paid from the general appropriation for capitol current expenses, upon approval of the state auditor and by authority of the state board of examiners, and the state controller is hereby directed to draw his warrant therefor and the state treasurer to pay the same; if for other state departments of institutions, it shall be paid out of the regular appropriations for such departments or institutions upon the approval of the state auditor and by authority of the state board of examiners, and the state controller is hereby directed to draw his warrants therefor and the state treasurer to pay the same; if for county offices, departments or institutions, it shall be paid out of the county general fund upon order of the board of county commissioners.

 

 

 

 

 

 

Uniform system for state and county accounts

 

 

 

 

 

 

 

 

 

Certain boards and governor to approve system

 

 

 

 

 

All officials to cooperate with state auditor


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κ1917 Statutes of Nevada, Page 58 (CHAPTER 53)κ

 

Expenses, how paid

 

 

 

 

 

Definition of terms

 

 

 

 

 

Duties of state auditor

 

 

 

 

Officer refusing guilty of misdemeanor

 

 

State auditor to keep full record

 

 

 

 

 

Salary $3,000 a year

 

 

 

Appropriation for expenses, $2,500

institutions, it shall be paid out of the regular appropriations for such departments or institutions upon the approval of the state auditor and by authority of the state board of examiners, and the state controller is hereby directed to draw his warrants therefor and the state treasurer to pay the same; if for county offices, departments or institutions, it shall be paid out of the county general fund upon order of the board of county commissioners.

      Sec. 6.  For the purpose of this act the term “public accounts” shall mean any books, records or accounts, recording a financial transaction in which any claim, money, or property of the state, county, township, or school district is involved. The term “public official” or “officer” shall mean any state, county, township, or school district officer, employee, or other person having the care or custody of such records, money or property.

      Sec. 7.  The state auditor shall be and he hereby is authorized to examine all public accounts, administer oaths, and to examine under oath, when he shall deem it necessary, any public official in relation to or concerning his books and accounts, and any such officer refusing to allow the state auditor full access to and inspection of his books, or of the accounts therein contained, or any records or data pertaining to the conduct of his office, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $100 nor more than $300, or be imprisoned in the county jail for a period of not to exceed six months, or be punished by both such fine and imprisonment.

      Sec. 8.  The state auditor shall be required to keep a record of his investigations, together with a general summary of the detail and data of the affairs of the respective counties and state offices, departments and institutions, and shall be provided with office room in the state capitol building. The room herein specified shall be open to the public during the hours other state offices are open, and in the absence of the state auditor from the state capitol, while in performance of his official duty, said record shall be left with the state controller for such public inspection.

      Sec. 9.  The salary of the state auditor is hereby fixed at three thousand dollars per annum, payable in equal monthly installments, the same as other state officers are paid.

      Sec. 10.  The sum of twenty-five hundred dollars is hereby annually appropriated, out of any moneys in the state treasury not otherwise appropriated, to carry out the purpose of this act, and which shall be available for all traveling and other necessary expenses. All such expenditures shall be certified to by the state auditor, and when approved by the state board of examiners shall be paid by the treasurer on warrants drawn by the controller.

      Sec. 11.  The state auditor shall make and publish annual reports for each calendar year, showing his activities during the year.


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κ1917 Statutes of Nevada, Page 59 (CHAPTER 53)κ

 

reports for each calendar year, showing his activities during the year.

      Sec. 12.  The state auditor shall, before entering upon the discharge of his duties, take and subscribe the usual oath of office and execute to the State of Nevada a bond in the sum of ten thousand dollars for the faithful performance of his duties, bond to be approved by the governor and filed with the secretary of state.

      Sec. 13.  All forms, blanks, envelopes, letterheads, circulars, and reports required to be printed by said state auditor shall be printed at the state printing office under the general provisions of an act entitled “An act to designate and authorize the work to be done in the state printing office,” approved March 5, 1909.

      Sec. 14.  An act entitled “An act to provide for the appointment of a state auditor, fix his compensation and prescribe his duties,” approved March 26, 1907; an act entitled “An act providing for the examination and auditing of the books and accounts of certain officers, and providing penalties for its violation,” approved March 20, 1911; section 4 of an act entitled “An 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, and reading as follows: “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,” and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 15.  This act shall be in full force and effect from and after its passage and approval.

To make report

 

Auditor must take official oath and give bond

 

Printing to be done at state printing office

 

Repeal of certain acts and portions of acts

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect immediately

 

________

 

CHAPTER 54

Chap. 54–An Act to amend an act entitled “An act creating the office of commissary of the Nevada state police, prescribing his duties, fixing his compensation, and other matters relating thereto,” approved February 8, 1908, as amended Stats. 1909, 217.

 

[Approved March 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  An act entitled “An act creating the office of commissary of the Nevada state police, prescribing his duties, fixing his compensation, and other matters relating thereto,” approved February 8, 1908, is hereby amended to read as follows:

 

 

 

 

 

 

 

 

 

 

Amending act creating commissary of state police


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κ1917 Statutes of Nevada, Page 60 (CHAPTER 54)κ

 

 

 

 

Superintendent made commissary

 

Duties

 

 

 

 

Bills, how paid

 

 

 

No salary after Jan. 1, 1919

 

 

 

 

In effect Jan. 1, 1919

approved February 8, 1908, is hereby amended to read as follows:

      Section 1.  The office of commissary of the Nevada state police is hereby created.

      Sec. 2.  The superintendent of Nevada state police is hereby made ex officio commissary of the Nevada state police.

      Sec. 3.  It shall be the duty of the commissary of the Nevada state police to purchase all arms, ammunition, equipment, provisions, uniforms, badges, and all other necessary supplies required to be furnished to said Nevada state police, and no supplies of any kind shall be furnished to, or purchased for the use of, the Nevada state police, except upon requisition therefor issued by the commissary, and approved by the governor. As amended Stats. 1909, 217.

      Sec. 4.  All bills for supplies purchased in accordance with section 3 hereof shall be presented to the state board of examiners, to be audited, examined, and allowed, and shall be paid out of any funds now or hereafter appropriated for the maintenance of the said Nevada state police.

      Sec. 5.  The commissary of said Nevada state police shall receive no salary for his services. He shall, however, be allowed his necessary expenses when traveling upon business connected with the duties of his office; when the same shall have been audited, examined, and allowed by the state board of examiners, said expenses shall be paid out of any fund which may now or hereafter be appropriated for the maintenance of the said Nevada state police.

      Sec. 6.  This act shall take effect of the first of January, 1919.

 

________

 

CHAPTER 55

 

 

 

 

 

 

 

 

 

 

 

 

Fixing salaries of certain justices of the peace and constables in Elko County

Chap. 55–An Act to amend an act entitled “An act to regulate the salary and compensation of the justices of the peace and constables of Elko, Star Valley, Montello townships, in Elko County, State of Nevada,” approved February 28, 1913.

 

[Approved March 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of said act is hereby amended so as to read:

      Section 1.  From and after the passage of this act, the board of county commissioners of Elko County, Nevada, is hereby empowered and directed to appropriate from the treasury of said county and to pay to the justice of the peace of Elko township of said county, the sum of one hundred and fifty (150) dollars monthly as a salary; and to the justices of the peace of Star Valley and Montello townships of said county the sum of fifty (50) dollars each monthly as a salary; and to the constable of said Elko township the sum of one hundred and fifty (150) dollars monthly as a salary;


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κ1917 Statutes of Nevada, Page 61 (CHAPTER 55)κ

 

of one hundred and fifty (150) dollars monthly as a salary; and to the constable of said Star Valley township the sum of seventy-five (75) dollars monthly as a salary; and to the constable of said Montello township the sum of one hundred and twenty-five (125) dollars monthly as a salary; provided, that said justices of the peace and said constables shall be allowed to retain all fees in civil cases as now provided by law. The regularly elected or appointed justice of the peace of said townships shall pay into the county treasury each month all moneys collected by them as fees, save as hereinabove provided.

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

 

 

 

Proviso

 

 

 

 

Repeal

 

________

 

CHAPTER 56

Chap. 56–An Act to promote the horticultural interests of the state.

 

[Approved March 10, 1917]

 

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 county board of commissioners in each county, whenever they shall deem it necessary, or whenever complaint shall be made to them, to cause an inspection to be made of any premises, orchards or nurseries or trees, plants, vegetables, vines or fruits in their jurisdiction, and if found infested with infectious diseases, scales, insects or codling moths, or other pests injurious to fruits, plants, vegetables, trees or vines, or with their eggs or larvae, they shall notify the owner or owners of the said premises or orchards or nurseries or trees, plants, vegetables, vines or fruits that the same are infested with said diseases, insects, or other pests, or any of them, or their eggs or larvae, and they shall require said owner or owners to eradicate said insects or other pests or their eggs or larvae within a certain time to be specified in said notice. Said notices may be served upon the owner or owners, or either of them, by any commissioner or by any person deputed by the said commissioners for that purpose, or they may be served in the same manner as a summons in a civil action in a justice’s court. Any and all such places or orchards or nurseries or trees, plants, vegetables, vines or fruits thus infested are hereby adjudged and declared to be a public nuisance, and whenever any such nuisance shall exist at any place within their jurisdiction, and the owner or owners thereof, after due notification of the aforesaid, shall refuse or neglect to abate the same within the time specified, it shall be the duty of the county board of commissioners to cause said nuisance to be at once abated by eradicating or destroying said diseases, insects, or other pests and their eggs and larvae. The expense thereof shall be a county charge and shall be allowed and paid out of the general funds of the county.

 

 

 

 

 

 

 

County commissioners may destroy orchards, nurseries trees, etc., where infectious diseases exist

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Expenses a county charge


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κ1917 Statutes of Nevada, Page 62 (CHAPTER 56)κ

 

Charge a lien on property

 

 

 

Sale under foreclosure

general funds of the county. Any and all sums so paid shall be and become a lien on the property and premises from which said nuisance has been removed or abated in pursuance of this act and may be recovered by an action against such property and premises. A notice of such lien shall be filed and recorded in the office of the county recorder of the county in which the said property and premises are situated within thirty days after the right to liens has accrued. An action to foreclose such lien may be commenced at any time within one year after the filing and recording of said notice or lien, which action shall be brought in the proper court by the district attorney of the county in the name and for the benefit of the county making such payment or payments, and when the property is sold enough of the proceeds shall be paid into the county treasury of such county to satisfy the lien and costs, and the overplus, if any there be, shall be paid to the owner of the property if he be known, and if not, into the court for his use when ascertained. All sales under the provisions of this act shall be made in the same manner and upon the same notice as sales of real property under execution from the justice’s court.

 

________

 

CHAPTER 57

 

 

 

 

 

 

 

 

Certain law schools to be donated certain books

Chap. 57–An Act authorizing the secretary of state to furnish certain documents to certain institutions.

 

[Approved March 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The secretary of state is hereby authorized and directed to donate to the law school of Harvard University at Cambridge, Massachusetts, and to the law school of the University of Colorado at Boulder, Colorado, each, one complete set of the appendices of the senate and assembly journals of this state, commencing with the first territorial session of the legislature and extending down to the present time; provided, the secretary of state shall incur no expense on behalf of the State of Nevada for the transportation of such appendices.

 

________

 

CHAPTER 58

 

 

 

 

 

Relief of J. H. Stern

Chap. 58–An Act for the relief of J. H. Stern.

 

[Approved March 10, 1917]

 

      Whereas, Under the provisions of section 4888, Revised Laws, the sheriff of Ormsby County, Nevada, is the bailiff of the supreme court of the State of Nevada, and for his services as such bailiff he is entitled to receive from the state the sum of four ($4) dollars per day when actually in attendance upon said court, such sum to be paid by the state treasurer out of the biennial appropriation therefor; and


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κ1917 Statutes of Nevada, Page 63 (CHAPTER 58)κ

 

      Whereas, The general appropriation bill passed at the twenty-seventh session of the legislature provided an appropriation of three hundred ($300) dollars for the biennial period of 1915-1916 for the salary of bailiff of the supreme court (Stats. 1915, 233); and

      Whereas, Owning to the unusual amount of business in the supreme court, the said appropriation did not cover the biennial period for which it was intended; and

      Whereas, The services covered in the said claim of J. H. Stern have been actually rendered by him and the same has been approved by the clerk of the supreme court during the period for which said services were rendered, and said claim has been fully examined and approved by the state board of examiners and is a just and legal claim against the state; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred and eighty-four ($184) dollars is hereby appropriated out of the moneys in the general fund in the treasury, not otherwise appropriated, in payment of said claim of said J. H. Stern. The state controller is hereby directed to draw his warrant in favor of said J. H. Stern for the said sum of one hundred and eighty-four ($184) dollars and the state treasurer is hereby directed to pay the same.

Relief of J. H. Stern

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $184

 

________

 

CHAPTER 59

Chap. 59–An Act for the relief of certain persons and institutions.

 

[Approved March 10, 1917]

 

      Whereas, Under the provisions of section 1702, Revised Laws of Nevada, 1912, the superintendent of public instruction is authorized to make arrangements with the directors of institutions for the deaf and dumb and the blind for the admission, support, education, and care of the deaf, dumb, and blind of this state, and for that purpose is empowered to make all needful contracts and agreements; and

      Whereas, For the purpose of carrying out the provisions of the said act an appropriation of six thousand ($6,000) dollars was made in the general appropriation act passed at the twenty-seventh session of the Nevada legislature (Stats. 1915, 235); and

      Whereas, Under the provisions of section 1, act of 1915, page 576, Statutes of Nevada, the superintendent of public instruction is authorized to make arrangements with the director of any institution for the feeble-minded for admission, support, education, and care of feeble-minded children in this state, and for that purpose is empowered to make all needful contracts and agreements; and

      Whereas, To carry out the provisions of said act the sum of five hundred ($500) dollars for the care and education of feeble-minded children was appropriated in the general appropriation bill passed at the twenty-seventh session of the legislature of the State of Nevada (Stats. 1915, 235);

 

 

 

 

Relief for certain persons and institutions for care of wards of the state


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κ1917 Statutes of Nevada, Page 64 (CHAPTER 59)κ

 

 

 

 

Relief for certain persons and institutions

 

 

 

 

 

 

 

 

Deficiency, $560.60

 

 

 

 

 

 

 

 

 

Appropriation, $560.60

of five hundred ($500) dollars for the care and education of feeble-minded children was appropriated in the general appropriation bill passed at the twenty-seventh session of the legislature of the State of Nevada (Stats. 1915, 235); and

      Whereas, Pursuant to the provisions of the statutes above mentioned the said superintendent of public instruction did contract with certain deaf and blind, feeble-minded and adult blind institutions in the State of California for the care of the deaf and dumb and blind and feeble-minded of this state; and

      Whereas, The appropriations above mentioned were not sufficient to care for all such persons as were committed to such institutions; and

      Whereas, In view of the deficiency of such appropriation the said superintendent of public instruction applied to and received from the state board of examiners a resolution in writing declaring a deficiency in such appropriations for the reason that it was necessary to care for and maintain and support such persons; and

      Whereas, Relying on said deficiency resolution the state superintendent of public instruction did contract for claims in excess of the appropriation aforesaid in the sum of five hundred sixty dollars and sixty cents ($560.60), which said claims have been duly examined, allowed, and approved by the board of examiners of the State of Nevada, and are just and legal claims against the state; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of five hundred sixty dollars and sixty cents ($560.60) is hereby appropriated, out of any money in the general fund of the treasury of the State of Nevada not otherwise appropriated, to be paid out and distributed as follows: To John Edwards Bray, seventeen dollars and five cents ($17.05); to Dr. A. E. Osborne, three hundred five dollars and seventy cents ($305.70); to the California School for the Deaf and the Blind, thirty-seven dollars and eighty-five cents ($37.85); and to the Industrial Home for the Adult Blind, two hundred ($200) dollars. The state controller is hereby directed to draw his warrants in favor of said persons and institutions for the respective amounts above set forth, and the state treasurer is hereby directed to pay the same.

 

________

 

 


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κ1917 Statutes of Nevada, Page 65κ

CHAPTER 60

Chap. 60–An Act to regulate the salary and compensation of the justices of the peace and constables in the county of Elko, State of Nevada, and to repeal all acts and parts of acts in conflict herewith.

 

[Approved March 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  On petition to the board of county commissioners of Elko County, Nevada, of sixty per cent of the taxpayers of any judicial township in the county of Elko, State of Nevada, said number to be determined from the tax roll of said county, the board of county commissioners shall place the offices of justices of the peace and constable within that judicial township on a salary basis; the justice of the peace to receive not to exceed fifty dollars per month, and constable not to exceed seventy-five dollars per month, to be paid out of the general county funds of said Elko County; provided, however, that nothing in this act shall apply to judicial townships in which the registration is less than 150 voters, or affect present officers whose salaries are fixed by legislative enactment.

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

 

 

 

 

 

 

 

 

 

County commissioners of Elko County may place justices of the peace and constables on salary basis when properly petitioned

 

Exception

 

 

Repeal

 

________

 

CHAPTER 61

Chap. 61–An Act exempting property of veterans.

 

[Approved March 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The property to the amount of one thousand dollars of every resident in this state who has served in the army, navy, marine corps, or revenue marine service of the United States in time of war, and received an honorable discharge therefrom, and not having an income to exceed $900 per annum, shall be exempt from taxation; provided, that this exemption shall not apply to any person named herein owning property of the value of three thousand dollars ($3,000) or more. No exemption shall be made under the provisions of this act of the property of a person who is not a legal resident of this state.

 

 

 

 

 

 

 

Property of resident army or navy veteran exempt to amount of $1,000

 

Exception

 

________

 

 


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κ1917 Statutes of Nevada, Page 66κ

CHAPTER 62

 

 

 

 

 

 

 

 

 

 

 

 

 

Relating to state board of embalmers

 

 

 

 

Record kept

 

 

 

Furnished, when

 

 

Board may revoke licenses for cause

Chap. 62–An Act to amend an act entitled “An act to establish a state board of embalmers; to provide a system of examination, registration, and licensing of embalmers; to provide for the better protection of life and health; to prevent the spread of infectious and contagious diseases in the state; and to impose penalties for the violation of its provisions,” approved February 20, 1909.

 

[Approved March 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act is hereby amended so as to read as follows:

      Section 3.  (a) Said board shall meet at least once every year, and may also hold special meetings, if the proper discharge of its duties shall require, at a time and place to be fixed by the rules and by-laws of the board; and the rules and by-laws of the board shall provide for the giving of timely notice of all special meetings to all members of the board and to all applicants for licenses. Two of its members at any meeting may organize, and shall constitute a quorum for the transaction of business. The secretary shall be required to keep a record of all the meetings of said board, and a register of the names, residence address and business address of all embalmers duly licensed under the provisions of this act, and the number and date of license, which register shall at all reasonable times be open to public examination; and a copy of such register shall be furnished to all those so registered, and to the various railroad, transportation, and express companies doing business in the State of Nevada; and said board shall cause the prosecution of all persons violating any of the provisions of this act.

      (b) The state board of embalmers shall have the power to revoke any license, issued in accordance with the provisions of this act, by a unanimous vote of said board, for gross incompetency, dishonesty, habitual intemperance, or any act derogatory to the morals or standing of the practice of embalming, as may be determined by the board; but before any license shall be revoked the holder thereof shall be entitled to at least thirty days’ notice in writing of the charge against him or her and of the time and place of hearing and determining such charge, at which time and place he or she shall be entitled to be heard. Upon the revocation of any license it shall be the duty of the secretary of the board to strike the name of the licensee from the register of licensed embalmers, and to notify all railroad, transportation and express companies doing business in the State of Nevada, and all licensed embalmers in this state, of such action.

      Sec. 2.  Section 9 of the above-entitled act is hereby amended so as to read as follows:


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κ1917 Statutes of Nevada, Page 67 (CHAPTER 62)κ

 

      Section 9.  Any person holding a license as an embalmer from any other state, who shall show to the satisfaction of the board that he or she has passed an examination similar to that required by the provisions of this act, and that he or she is competent to engage in the business or practice of embalming, may, upon the payment of the fee of ten dollars to the secretary of said board therefor, receive a license and be registered as an embalmer of this state without examination; but in case of any doubt upon the part of said board an examination shall be had as herein provided.

      Sec. 3.  Section 10 of the above-entitled act is hereby amended so as to read as follows:

      Section 10.  Any railroad, transportation or express company which shall receive for transportation and shipment any dead human body, unless said body has been prepared by a regularly licensed embalmer of the State of Nevada, with the removal permit, his or her name and the number of his or her embalmer’s license attached thereon, unless said body shall reach its destination within the boundaries of this state and within thirty hours from time of death, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than five hundred dollars. All laws in force in this state pertaining to the disposition, shipment, or burial of human dead bodies, or regulations of the state health department relating thereto, shall be and are in nowise affected by the provisions of this act.

Certificates of other states may be recognized

 

Fee

 

 

 

 

Penalties for noncompliance of common carriers

 

________

 

CHAPTER 63

Chap. 63–An Act to amend sections 6 and 7 of an act entitled “An act relating to children who are now or may hereafter become dependent, neglected, or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption, and guardianship of the person of such child or children,” approved March 24, 1909, and further approved March 27, 1911.

 

[Approved March 10, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of an act entitled “An act relating to children who are now or who may hereafter become dependent, neglected, or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption and guardianship of the person of such child or children,” approved March 24, 1909, and further approved March 27, 1911, is hereby amended so as to read as follows:

      Section 6.  Probation Officers.  The district courts in this state shall have authority to appoint any number of discreet persons of good moral character to serve as probation officers during the pleasure of the court; said probation officers shall receive no compensation from the county treasury except as herein provided.

 

 

 

 

 

 

 

 

 

 

 

 

Relating to dependent, neglected or delinquent children

 

 

 

 

Probation officers


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κ1917 Statutes of Nevada, Page 68 (CHAPTER 63)κ

 

 

Duty of county clerk

 

 

 

 

 

 

 

 

How appointed

 

 

 

 

 

Salaries and expenses limited

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

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

      In counties having over fifteen thousand population, there may be one probation officer receiving a salary. An assistant probation officer may be appointed, in the discretion of the court, upon the request of the probation officer. The salary of the probation officer shall be fixed by the court appointing him, in any sum not to exceed one hundred and fifty dollars per month; and the salary of the assistant probation officer, where one is appointed, shall likewise be fixed by the court appointing him, in any sum not to exceed seventy-five dollars per month. The expenses of such probation officers for probation work shall not exceed seven hundred and fifty dollars per year.

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


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κ1917 Statutes of Nevada, Page 69 (CHAPTER 63)κ

 

ing him, in any sum not to exceed seventy-five dollars per month.

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

      Any district judge, or judges, appointing such probation officer to receive a salary or other compensation from the county provided for under this act, shall transmit such appointment to the district superintendent of schools of the district of which the county in which said appointment is made is a part, the state superintendent of public instruction, and the governor of this state, who shall constitute a board to investigate the competency of such person so appointed to act as probation officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after the submission thereof by the said district court, and a failure to act thereon within such time shall constitute an approval of such appointment. If a majority of such board are of the opinion that such appointee does not possess the qualifications for a probation officer, they shall notify the court of their conclusions within thirty days of such appointment to the respective members thereof, whereupon it shall be the duty of the district judge, or judges, to withdraw such appointment and appoint some one who shall receive the approval of said board.

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

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

 

District judges may authorize salary and expenses of temporary officer

 

 

 

 

Governor and school officers to approve appointment of officer

 

 

 

 

 

 

 

 

 

 

 

Officers to have authority of police officers

 

 

 

 

 

 

Appointments filed with clerk of court


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κ1917 Statutes of Nevada, Page 70 (CHAPTER 63)κ

 

 

 

Further amendments

 

 

 

 

Probation officer to file report

 

 

 

 

 

Court may decide custody of minor

be required of other county officers to perform their duties, and file in the office of the clerk of the district court.

      Sec. 2.  Section 7 of an act entitled “An act relating to children who are now or who may hereafter become dependent, neglected, or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption and guardianship of the person of such child or children,” approved March 24, 1909, and further approved March 27, 1911, is hereby amended so as to read as follows:

      Section 7.  It shall be the duty of each probation officer receiving a salary in his respective county, prior to the first day of January in each year, to file with the clerk of the court a report in writing of the number and nature of the cases handled by him during the preceding year, together with such suggestions and comments as may be proper concerning probation work in his county, and the management of all societies, associations, and corporations, except state institutions, applying for or receiving any child under this act from the court of his respective county.

      If the court shall find any child under the age of eighteen years to be dependent or neglected within the meaning of this act, the court may allow such child to remain at its home subject to the friendly visitation of a probation officer, or to report to the court or probation officer from its home or school at such times as the court may require. And if parent, parents, guardian or custodian consent thereto, or if the court shall further find that the parent, parents, guardian or custodian of such child are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate, correct or discipline such child, and that it is for the interest of such child and other people of this state that such child be taken from the custody of its parents, custodian or guardian, the court may make an order appointing as guardian of the person of such child, some reputable citizen of good moral character, and order such guardian to place such child in some suitable family, home or other suitable place which such guardian may provide for such child, or the court may enter an order committing such child to some suitable state institution, of this or any other state, organized for the care of dependent or neglected children, or to some training or industrial school or childrens’ home-finding society of this or any other state, or to some association embracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which association shall have been accredited as heretofore provided.

 

________

 

 


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κ1917 Statutes of Nevada, Page 71κ

CHAPTER 64

Chap. 64–An Act to repeal an act entitled “An act to establish at the University of Nevada a public service department known as the department of engineering experimentation, to provide ways and means for aiding settlers, farmers, and other persons, in the development of the underground waters of the state by giving expert advice regarding the most probable location, the best method of developing the underground water systems by the testing of, and the recommendation of, the most efficient machinery and power for pumping, and providing an appropriation therefor,” approved March 11, 1915.

 

[Approved March 12, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The act entitled “An act to establish at the University of Nevada a public service department, known as the department of engineering experimentation, to provide ways and means for aiding settlers, farmers, and other persons in the development of the underground waters of the state by giving expert advice regarding the most probable location, the best method of developing the underground water systems by the testing of, and the recommendation of, the most efficient machinery and power for pumping, and providing an appropriation therefor,” approved March 11, 1915, is hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal of act creating department of engineering experimentation at university

 

________

 

CHAPTER 65

Chap. 65–An Act for the relief of The Gorham Company and Wells, Fargo & Company.

 

[Approved March 12, 1917]

 

      Whereas, Under the provisions of an act entitled “An act in relation to the presentation of a silver service to the battleship ‘Nevada’ and making an appropriation therefor,” approved March 20, 1913 (Stats. 1913, 182), the governor, lieutenant-governor and secretary of state were constituted a board to take all necessary steps to secure donations from producing gold and silver mines of precious metals, and to secure subscriptions from the citizens of the state, towards the cost of a silver-and-gold or exclusively silver service for presentation to the United States battleship “Nevada”; and

      Whereas, Said act authorized said board to select the design for such service and to contract for its manufacture; and

      Whereas, Said act provided an appropriation of five thousand ($5,000) dollars to supplement the contributions as aforesaid to meet the purposes of said act; and

      Whereas, Pursuant thereto the said board did contract with The Gorham Company for such silver service at and for the cost of four thousand nine hundred and ninety ($4,990) dollars; and

 

 

 

 

 

Relief of Gorham Co. and Wells-Fargo


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

κ1917 Statutes of Nevada, Page 72 (CHAPTER 65)κ

 

Deficiencies named

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $1,948.20

      Whereas, The gold- and silver-producing mines of the state did not contribute as much bullion for such silver service as was expected, and after allowing credit for such bullion as was contributed there was a balance due on such contract to said The Gorham Company of eighteen hundred and seventy-five ($1,875) dollars; and

      Whereas, The said board did also contract an indebtedness with Wells, Fargo & Company for the express charges on said silver service from Carson City to Providence, Rhode Island, in order that the said silver service might be delivered to the officers of said battleship “Nevada”; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one thousand nine hundred and forty-eight dollars and twenty ($1,948.20) cents is hereby appropriated, out of any moneys in the general fund of the treasury not otherwise appropriated, to be paid and distributed as follows:

      To The Gorham Company, eighteen hundred and seventy-five ($1,875) dollars; to Wells, Fargo & Company, seventy-three dollars and twenty ($73.20) cents. The state controller is hereby directed to draw his warrants in favor of said corporations for the respective amounts herein mentioned and the state treasurer is hereby directed to pay the same.

 

________

 

CHAPTER 66

 

 

 

 

 

 

 

 

 

 

 

County to pay bounties for certain noxious animals

Chap. 66–An Act to amend an act entitled “An act to provide for the destruction of noxious animals and to repeal an act relating thereto,” approved February 3, 1887, as amended by acts approved March 24, 1911, and February 28, 1913.

 

[Approved March 12, 1917]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  If any person shall take or kill within this state any of the following noxious animals, he shall be entitled to receive, out of the treasury of the county within which such animals shall have been taken, the following bounties, to wit: For every lynx or wildcat, two dollars, and for every mountain lion, five dollars; all of which bounties shall be subject to the provisions of this act.

 

________

 

 


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

κ1917 Statutes of Nevada, Page 73κ

CHAPTER 67

Chap. 67–An Act to amend an act entitled “An act regulating the fees of the office of surveyor-general, and other matters relating thereto,” approved March 15, 1915.

 

[Approved March 12, 1917]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  The surveyor-general shall charge the following fees:

      For making a certified copy of a contract to purchase state lands and for the renewal of a contract, one dollar each.

      For township diagrams showing forfeited lands for sale and price of same, when the number exceeds five in an order, twenty cents each.

      For a township diagram showing state entries only, fifty cents each.

      For a township plat showing entries, names of entrymen and agents, kinds of entries, also forfeited lands for sale, two dollars each plus ten cents per name or each entryman.

      For a complete tracing of a township plat showing entries, forfeited lands for sale, names of entrymen and agents, with number and date of entry, kinds of entries, topography, etc., five dollars per township plat plus ten cents per name for each entryman.

      For making a certified copy of any record or instrument not included in the above, twenty cents per folio for the original, and five cents per folio for each carbon copy.

      All fees charged and collected under this act shall be accounted for by the surveyor-general and paid into the state treasury for the state school fund.

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

 

 

 

 

 

 

 

 

 

 

 

Fees of surveyor-general

 

 

 

 

 

 

 

 

 

 

 

 

 

All fees to state school fund

 

________

 

CHAPTER 68

Chap. 68–An Act for the relief of certain persons.

 

[Approved March 12, 1917]

 

      Whereas, Hon. T. C. Hart, district judge of the Eighth judicial district, rendered his claim for traveling expenses for the last quarter of the year 1916, amounting to one hundred and thirty-one dollars and fourteen cents ($131.14), after the appropriation therefor had reverted; and

      Whereas, Hon. Peter Breen, district judge of the Third judicial district, rendered his claim for traveling expenses for the last quarter of the year 1916, amounting to twenty-six dollars and thirty cents ($26.30), after the appropriation thereof had reverted; and

      Whereas, Hon. J. E. Walsh, district judge of the Seventh judicial district, rendered his claim for traveling expenses for the last quarter of the year 1916, amounting to fifty-five dollars and ninety cents ($55.90), after the appropriation therefor had reverted; and

 

 

 

 

Relief of sundry persons


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κ1917 Statutes of Nevada, Page 74 (CHAPTER 68)κ

 

 

Relief of sundry persons

dollars and ninety cents ($55.90), after the appropriation therefor had reverted; and

      Whereas, The Carson City News rendered its claim for state printing for the month of December, amounting to one hundred ($100) dollars, after the appropriation therefor had reverted; and

      Whereas A claim of the Tonopah Bonanza Printing Company against the Tonopah School of Mines, amounting to $15.25, was duly examined, allowed and approved by the state board of examiners, and the same was not paid by the state controller by reason of the fact that the appropriation for the said Tonopah School of Mines had reverted; and

      Whereas, Wm. Kearney, state engineer, rendered his claim for observers’ salaries for the last quarter of the year 1916, amounting to two hundred twenty-two dollars and thirteen cents ($222.13), after the appropriation therefor had reverted; and

      Whereas, The following-named persons rendered their claims in the respective amounts hereinafter set forth for salaries and labor at the Clark County Experiment Farm for the month of December, 1916, after the appropriation therefor had reverted, to wit: E. H. Syphus, $10; Henry Rice, $10; John Tobler, $100; Walter Stevens, $60; Le Roy Tobler, $15; A. L. Egbert, $20; Wm. Calkins, $11.25; F. E. Larsen, $6.75; Eugene Parker, $4.50; and

      Whereas, Ed. Von Tobel Lumber Company rendered its claim for lumber furnished to the Clark County Experiment Farm during the month of December, 1915, amounting to the sum of seventy dollars and thirty cents ($70.30), after the appropriation therefor had reverted; and

      Whereas, Dr. T. F. Richardson was specially employed by the governor of the state during the year 1911 to perform certain services as state veterinary in the matter of eradication of the epidemic of anthrax in Churchill and Lyon Counties which said employment contained to and including January 31, 1913, and no appropriation was made by the twenty-sixth legislature for his salary for the month of January, 1913; and

      Whereas, Said Dr. T. F. Richardson died on August 22, 1914, and Mrs. T. F. Richardson has been appointed and has qualified as administratrix of his estate; and

      Whereas, The Tonopah School of Mines rendered its claim for seventy-four dollars and eleven cents ($74.11), after the appropriation therefor had reverted, and the same was paid out of the university revolving fund; and

      Whereas, All of said claims have been duly examined, allowed and approved by the board of examiners of the State of Nevada, and are just and legal claims against the State of Nevada; now, therefor,


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

κ1917 Statutes of Nevada, Page 75 (CHAPTER 68)κ

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one thousand eighty-two dollars and sixty-three cents ($1,082.63) is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, to be paid out and distributed as follows: To the Hon. T. C. Hart, one hundred and thirty-one dollars and fourteen cents ($131.14). To the Hon. Peter Breen, twenty-six dollars and thirty cents ($26.30). To the Hon. J. E. Walsh, fifty-five dollars and ninety cents ($55.90). To the Carson City News, one hundred dollars ($100). To the Tonopah Bonanza Printing Company, fifteen dollars and twenty-five cents ($15.25). To Wm. Kearney, Esq., state engineer, two hundred twenty-two dollars and thirteen cents ($222.13). To E. H. Syphus, Esq., ten dollars ($10). To Henry Rice, Esq., ten dollars ($10). To John Tobler, Esq., one hundred dollars ($100). To Walter Stevens, Esq., sixty dollars ($60). To Le Roy Tobler, Esq., fifteen dollars ($15). To A. L. Egbert, Esq., twenty dollars ($20). To Wm. Calkins, Esq., eleven dollars and twenty-five cents ($11.25). To F. E. Larsen, Esq., six dollars and seventy-five cents ($6.75). To the University Revolving Fund, seventy-four dollars and eleven cents ($74.11). To Eugene Parker, Esq., four dollars and fifty cents ($4.50). To Ed. Von Tobel Lumber Company, seventy dollars and thirty cents ($70.30). To T. F. Richardson, administratrix of the estate of Dr. T. F. Richardson, deceased, one hundred fifty dollars ($150).

      Sec. 2.  The state controller is hereby directed to draw his warrants in favor of the persons mentioned herein, for the respective amounts above set forth, and the state treasurer is hereby directed to pay the same.

 

 

 

 

Appropriation, $1,082.63

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of controller and treasurer

 

________

 

CHAPTER 69

Chap. 69–An Act appropriating two thousand dollars for the aid of the work of the student loan fund of the Federation of Women’s Clubs of the State of Nevada.

 

[Approved March 12, 1917]

 

      Whereas, The women of the Federation of Women’s Clubs of the State of Nevada, at their fifth annual convention at Goldfield, in October, founded the student loan fund; and

      Whereas, Among other things, the purposes for which said fund is formed are: To aid and encourage deserving and needy girls and boys of the State of Nevada who are desirous of educating themselves to be self-supporting; the money is loaned without interest to be repaid in small sums as the borrowers are able to do so, thereby creating a revolving fund; it is available only to residents of Nevada; not more than four hundred ($400) dollars shall be loaned to any one student,

 

 

 

 

 

Assisting student loan fund


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

κ1917 Statutes of Nevada, Page 76 (CHAPTER 69)κ

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $2,000

 

 

 

To be paid to Miss Emma Vanderlieth

 

 

 

 

 

 

 

Must report annually to governor

more than four hundred ($400) dollars shall be loaned to any one student, and not more than two hundred ($200) dollars to any such student in any one school year; and

      Whereas, Said fund has already aided seventeen girls and boys, and the demands of said work are continually increasing, and it is without sufficient funds to properly provide for those seeking its help and to carry out the great objects and purposes for which it is organized; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of two thousand ($2,000) dollars is hereby appropriated from the general fund in the treasury of the State of Nevada, not otherwise appropriated, for the purpose of assisting the said student loan fund in carrying out the objects and purposes for which it was organized.

      Sec. 2.  Upon written request of Miss Emma Vanderlieth, chairman of the student loan fund of the Federation of Women’s Clubs of Nevada, the controller of the State of Nevada is hereby authorized and directed to draw his warrant in favor of the student loan fund of the Federation of Women’s Clubs of Nevada for the sum of two thousand ($2,000) dollars, and upon presentation of the same to the treasurer of the State of Nevada the said treasurer is hereby authorized and directed to pay said sum of two thousand ($2,000) dollars to the chairman of said student loan fund of the Federation of Women’s Clubs of Nevada.

      Sec. 3.  The chairman of the student loan fund of the Federation of Woman’s Clubs of Nevada shall make an annual report to the governor of the State of Nevada showing the disposition of said fund and transactions concerning the same.

 

________

 

CHAPTER 70

 

 

 

 

 

 

 

 

 

 

 

Bonds for schoolhouse at Mina

Chap. 70–An Act to authorize the board of county commissioners of Mineral County, State of Nevada, to issue bonds for the purpose of building and furnishing a schoolhouse in Mina school district No. 17, and matters properly relating thereto.

 

[Approved March 12, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Mineral County is hereby authorized, empowered, and directed to prepare and issue bonds of said county, such bonds to be issued on or before the first day of June, 1917, for the sum of eight thousand ($8,000) dollars, exclusive of interest, for the purpose of providing funds for the construction of a schoolhouse in the town of Mina of said county (upon a site to be chosen by the board of school trustees of Mina school district No. 17),


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

κ1917 Statutes of Nevada, Page 77 (CHAPTER 70)κ

 

district No. 17), and for equipping and furnishing said building.

      Sec. 2.  The board of county commissioners of said Mineral 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 Mineral County is hereby authorized to negotiate the sale of said bonds, 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 the State of Nevada shall be given first preference in the purchase of said bonds from the state permanent school fund moneys; that no bonds shall be sold for less than par value; and provided, further, that all bonds shall be made payable in gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be numbered consecutively from one to eight, and shall be redeemable at the rate of one each year, and the interest on the same shall not exceed six per cent per annum, payable semiannually on the first day of January and July respectively of each year at the office of the county treasurer of the said Mineral County. Said bonds shall be each for the sum of one thousand ($1,000) dollars.

      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 “Mina School District No. 17 Fund,” and to pay out said moneys only in the manner now provided by law and for the purpose for which the same was received.

      Sec. 7.  The board of trustees of Mina school district No. 17 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 school building in the Mina school district No. 17, 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 school, in accordance with and pursuant to the provisions of law pertaining to the establishment of schools in the various counties of this state.

 

Description of bonds

 

 

 

 

 

 

Record kept

 

 

Sale of bonds

 

 

 

 

 

 

 

Interest limited to 6%

 

 

 

 

 

“Mina School District No. 17 Fund”

 

 

Money to be used for Mina


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κ1917 Statutes of Nevada, Page 78 (CHAPTER 70)κ

 

 

 

Plans for building

 

 

 

 

 

 

 

 

 

 

Site to be selected

 

 

 

 

County treasurer responsible

 

 

 

Special tax for interest and redemption of bonds

ing to the establishment of schools in the various counties of this state.

      Sec. 8.  Said board of trustees of Mina school district No. 17 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 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 board of trustees of Mina school district No. 17 in carrying out the provisions of this act. All demands and bills contracted by said board of trustees of Mina school district No. 17 shall be paid in the manner now provided by law; provided, that no such bills shall be allowed until the plans for said 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 board of trustees of Mina school district No. 17 shall proceed to select an appropriate site for said school building in the town of Mina, in said county, and the board of trustees of said Mina school district No. 17 shall thereafter, with all expedient dispatch, proceed to the execution of the purposes of this act.

      Sec. 10.  The county treasurer of said Mineral 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 Mineral County is authorized and required to levy, at the time the said board of county commissioners make the annual levy for taxes for all purposes, and collect annually a special tax upon the assessment valuation of all property, both real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Mina school district No. 17, until said bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and retire, beginning with bond number one and consecutively thereafter, one of said bonds annually, beginning on the first day of July, 1919, 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 “Mina School District No. 17 Bond Sinking Fund”; provided, however, that if the amount of the tax levied upon the property within said Mina school district No. 17 shall at any time be insufficient to pay the interest on said bonds and provide for the retirement as provided in this section,


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κ1917 Statutes of Nevada, Page 79 (CHAPTER 70)κ

 

insufficient to pay the interest on said bonds and provide for the retirement as provided in this section, the board of county commissioners of said Mineral County are hereby required to levy and collect annually a special tax on the assessment valuation of all property, real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Mineral County, and continue such levy from year to year to meet any deficit which may occur in said Mina school district No. 17 bond sinking fund, and the faith and credit of Mineral County is hereby pledged to the prompt and ready payment of said bonds and the interest thereon according to the terms, conditions, and tenor thereof.

      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, 1917, and thereafter on the first day of January and July respectively, 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 sinking 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 Mina school district No. 17.

      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.

 

 

 

 

 

 

Faith of county pledged

 

 

 

Interest must be paid promptly

 

 

Tax ceases, when

 

 

 

Treasurer to cancel paid bonds

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

 

________

 

 


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

κ1917 Statutes of Nevada, Page 80κ

CHAPTER 71

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bonds authorized for paying indebtedness of Goldfield school district No. 4

 

 

 

 

 

 

 

 

 

 

 

Form of bond

Chap. 71–An Act to authorize and empower the board of county commissioners of Esmeralda County to issue bonds for the purpose of creating a fund for liquidating and paying the outstanding indebtedness of said county, incurred by virtue of issuing bonds for Goldfield school district No. 4, under the provisions of an act entitled “An act to enable the several school districts of the state to issue negotiable coupon bonds for the purpose of erecting and furnishing school buildings or purchasing ground or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized and the interest thereon,” approved March 12, 1907.

 

[Approved March 12, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Esmeralda County, State of Nevada, whenever they deem the same to be necessary and expedient, is hereby authorized and empowered to issue negotiable bonds of the said county for an amount not exceeding the sum of thirty thousand ($30,000) dollars, and in denominations of one thousand ($1,000) dollars each, having not more than six (6) years to run, and bearing interest at the rate of not exceeding six (6%) per cent per annum, payable semiannually on the first Mondays of July and January in each year, for the purpose of providing funds for paying any outstanding indebtedness of said county incurred by virtue of issuing bonds for Goldfield school district No. 4, under the provisions of an act entitled “An act to enable the several school districts of the state to issue negotiable coupon bonds for the purpose of erecting and furnishing school buildings or purchasing ground or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized and interest thereon,” approved March 12, 1907, which said bonds shall be consecutively numbered and shall be substantially in the following form:

      No........ The County of Esmeralda, State of Nevada, for value received, promises to pay to......................., or bearer, at the office of the treasurer of said county, in................., on or before the first day of..................., 19.... (six (6) years after date, or at any time before that date and after one (1) year from the date hereof) at the pleasure of the county, the sum of................ ($........) dollars, in United States gold coin, with interest at the rate of............... (......%) per cent per annum, payable at the office of the said treasurer semiannually on the first Mondays of July and January of each year, on presentation and surrender of the interest coupons hereto attached. This bond is issued by the county commissioners in conformity to a resolution of said board, dated the......day of .................., 19....., and under authority conferred upon said board by the provision of an act of the legislature of Nevada entitled “An act to authorize and empower the board of county commissioners of Esmeralda County to issue bonds for the purpose of creating a fund for liquidating and paying all outstanding indebtedness of said county, incurred by virtue of issuing bonds for Goldfield school district No. 4,


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κ1917 Statutes of Nevada, Page 81 (CHAPTER 71)κ

 

board by the provision of an act of the legislature of Nevada entitled “An act to authorize and empower the board of county commissioners of Esmeralda County to issue bonds for the purpose of creating a fund for liquidating and paying all outstanding indebtedness of said county, incurred by virtue of issuing bonds for Goldfield school district No. 4, under the provisions of an act entitled ‘An act to enable the several school districts of the state to issue negotiable coupon bonds for the purpose of erecting and furnishing school buildings or purchasing ground or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized and the interest thereon,’ approved March 12, 1907” (insert date of approval of this act).

      Sec. 2.  Whenever bonds issued under this act shall be duly executed, numbered consecutively and sealed, they shall be delivered to the county treasurer and his receipts taken therefor, and he shall stand charged on his official bond with all bonds delivered to him and with the proceeds thereof. The county treasurer, under the direction of the board of county commissioners, may exchange any of said bonds for the satisfaction of any indebtedness of said county incurred by virtue of issuing bonds for Goldfield school district No. 4, under the provisions of an act entitled “An act to enable the several school districts of the state to issue negotiable coupon bonds for the purpose of erecting and furnishing school buildings or purchasing ground or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized, and the interest thereon,” approved March, 12, 1907, and said treasurer shall, when directed by the board of county commissioners, sell any portion of said bonds for money at not less than the par value thereof, the proceeds of such sale or sales to be applied exclusively to the payment, satisfaction, and discharge of said bonds of Goldfield school district No. 4.

      Sec. 3.  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 Esmeralda County is hereby authorized and empowered to levy and collect annually a special tax upon the assessed valuation of all property, both real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Goldfield school district No. 4, sufficient to pay annually at least 16 2/3 per cent of the bonds herein authorized to be issued, in addition to all taxes for other purposes, and the moneys arising from such assessment and levies shall be known as the “Redemption Fund, Goldfield School District No. 4 Bonds and Interest, Series 1907-1908,” and shall be used only for the payment of such bonds and interest; provided, however, that if the amount of tax so levied upon the property within the boundaries of said Goldfield school district No. 4 shall at any time be insufficient to pay the interest on said bonds,

 

 

 

 

 

 

 

 

 

 

 

County treasurer custodian of bonds

 

 

 

 

 

 

 

 

 

 

 

 

Special tax for payment and redemption of bonds


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κ1917 Statutes of Nevada, Page 82 (CHAPTER 71)κ

 

 

 

 

 

 

 

 

 

 

Redemption fund established

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Interest ceases, when

on said bonds, and provide for their retirement as proposed in this section, the board of county commissioners of said Esmeralda County is hereby authorized and required to levy a special tax on the assessed valuation of all property, real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Esmeralda County, and continue such levy from year to year to meet any deficit which may occur in the Goldfield school district No. 4 fund, and the faith and credit of Esmeralda County is hereby pledged to the prompt and ready payment of said bonds and the interest thereon according to the terms, conditions, and tenor thereof.

      Sec. 4.  Whenever after one year after the date of said bonds the amount in the hands of the county treasurer belonging to said “Redemption Fund, Goldfield School District No. 4, Bonds and Interest, Series 1907 and 1908,” after setting aside the sum required to pay the interest maturing before the next levy is sufficient to redeem five or more of said bonds, the county treasurer shall notify the county auditor and the presiding officer of the board of county commissioners of such fact, and thereupon the said three officers shall draw by lot from the full list of all the then outstanding bonds issued hereunder, the numbers and amounts of sufficient of said outstanding bonds to absorb the money in the bond fund available for and applicable to payment upon the principal of said bonds, but not exceeding in number sixteen and two-thirds (16 2/3%) per cent of the total number of bonds issued under this act, and thereupon the county treasurer shall give notice by registered letter, demanding a return receipt, addressed to the holders of said bonds of Esmeralda County, Nevada, and stating the number of bonds so drawn, and all interest thereon to the date of the next interest payment, stating said date, will be paid in full by the county treasurer at his office in Esmeralda County upon presentation of said bonds and all unpaid coupons pertaining thereto. Said notice shall be sent by the county treasurer to said bondholders sixty days prior to the date fixed for the payment of such bonds. On and after the date fixed in said notice the interest on said several bonds bearing the numbers so drawn and specified in said notice shall cease and the amount of money to pay, satisfy and discharge the same with interest to said date shall be set aside from all moneys in the hands of the county treasurer to be held for the payment of said bonds and interest when the same shall be presented.

      If said bonds are not so presented, the interest thereon shall nevertheless cease. Upon presentation of said bonds and all unpaid coupons pertaining thereto, the county treasurer shall mark the same paid, and cancel, and thereupon make a complete record in his office of the transactions, and shall also furnish the county auditor and county commissioners with a full and detailed report of the transactions, including a list of the bonds and coupons by him paid and canceled.


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κ1917 Statutes of Nevada, Page 83 (CHAPTER 71)κ

 

including a list of the bonds and coupons by him paid and canceled. All redemptions and payments of bonds so drawn for payment shall be made in the order of the said notice, and out of the funds so set apart by said county treasurer for such person.

      Sec. 5.  Bonds to be issued thereunder may be dated on the.............day of........................, 19......., and settlements and exchanges of all existing valid evidences of indebtedness may be made and computed as of said date or upon any semi-annual interest date thereafter occurring.

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

 

 

 

Bonds, how dated

 

 

 

Repeal

 

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CHAPTER 72

Chap. 72–An Act to amend section 20 of an act entitled “An act to regulate railroads, telegraph, and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor, and the attorney-general a railroad board for the appointment and removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges,” approved March 5, 1907, and to repeal section 44 of an act entitled “An act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865.

 

[Approved March 12, 1917]

 

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

Assembly, do enact as follows:

 

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

      Section 20.  Every railroad company incorporated or doing business in this state, or which shall hereafter become incorporated or do business in this state shall, on or before the 15th day of March, 1917, and on or before the same day of each year thereafter, make and transmit to the commission in its office in Nevada, or such other person as the legislature by law directs, a full and true statement, under oath of the proper officer of such corporation, of the affairs of such corporation relative to the State of Nevada, for the year ending on the 31st day of December preceding, which statement for the State of Nevada shall be similar in character and detail to the annual report required to be made by railroad companies to the interstate commerce commission, and such other and further information as may be required by the commission. If any such railroad company shall neglect or fail to comply with the requirements of this act and shall fail to make, execute and return the reports hereby required of it by such demand of the state railroad commission of Nevada for more than thirty days after the first day of April in each year, said railroad company shall be liable for, and shall forfeit and pay to the State of Nevada for such neglect, a penalty of twenty thousand dollars.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Railroads to report transactions annually to railroad commission

 

 

 

 

 

 

 

Penalty for neglect


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κ1917 Statutes of Nevada, Page 84 (CHAPTER 72)κ

 

 

 

Attorney-general to prosecute delinquent railroads

 

 

 

Certain section repealed

than thirty days after the first day of April in each year, said railroad company shall be liable for, and shall forfeit and pay to the State of Nevada for such neglect, a penalty of twenty thousand dollars. And it shall be the duty of the attorney-general of the state to commence an action in the name of the State of Nevada for the recovery of such penalty, and the court shall render judgment therefor against such company and such action shall not be dismissed or compromised except upon the full payment of the sum of such penalty, together with all costs of such action, and execution shall issue against the property of such company until such judgment shall be fully satisfied.

      Sec. 2.  Section 44 of an act entitled “An act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, including that portion thereof which appears in the “Revised Laws of Nevada, 1912,” numbered and subheaded “3556. Idem-Failure of Secretary of State to Furnish Forms-Penalty (Sec. 2),” is hereby repealed.

 

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CHAPTER 73

 

 

 

 

 

 

 

Vacation of town plats or portions of same for school or public improvements

 

 

 

Application to be published

 

 

 

City council to act

Chap. 73–An Act providing for the vacation of portions of city and town plats.

 

[Approved March 13, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any owner or owners of platted land in an incorporated city may make application in writing to the city council of the city wherein such land is situated for the vacation of the portion of the plat so owned by him or them, together with such portion of any and all streets, alleys and public ways as adjoin or abut the same, for public school, high school, or other public improvements, but for no other purposes. Such application shall particularly describe the portion of the plat and of the streets, alleys and public ways, sought to be vacated and shall be signed by the applicant or applicants. A copy of such application shall be published at the expense of the applicant or applicants in a newspaper of general circulation published in such city, at least once a week for three successive weeks, which said publication shall be deemed due and sufficient notice to all persons interested of the nature and purpose of such application. Upon the filing of such application and proof of publication with the city clerk, the city council shall, at its next regular meeting, proceed to hear, consider and dispose of the same, and if the said city council be satisfied that neither the public nor any person will be materially injured thereby, it shall order such portion of said plat, streets, alleys and public ways vacated in accordance with such application, a certified copy of which order shall be duly recorded in the office of the recorder of the county wherein such land is situated.


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κ1917 Statutes of Nevada, Page 85 (CHAPTER 73)κ

 

of which order shall be duly recorded in the office of the recorder of the county wherein such land is situated.

      Sec. 2.  Any person claiming material injury by any order so made by the city council may at any time within sixty days after the date of such order commence an action in the district court having jurisdiction to have such order set aside.

      Sec. 3.  This action is intended to supplement, and not to supersede, the existing laws relating to the vacation of city and town plats.

 

 

Person injured may begin action

 

To supplement existing laws

 

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CHAPTER 74

Chap. 74–An Act to amend an act entitled “An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, by adding an additional section thereto, to be known as section 17 1/2.

 

[Approved March 13, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  An act entitled “An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, is hereby amended by adding an additional section to be known as section 17 1/2, which shall read as follows:

      Section 17 1/2. (a) That any railroad corporation, organized and existing under any of the laws of this state governing such corporation, may at any time before the expiration of the time limited for its existence, extend the term of its existence beyond the time specified in its original articles of incorporation, for any period of time, or perpetually; together with all its rights, privileges, and immunities, and subject to all its existing debts, obligations and liabilities and duties imposed by its existing charter, or amendments thereto, or by the law under which it was organized, or acts amendatory thereof, or supplemental thereto, or by any law of this state applicable to such corporation by filing a certificate of such extension with the secretary of state, duly sworn or affirmed to by the president and secretary of such corporation before any person authorized by the laws of this state to administer oaths or affirmations, or before any notary public; which certificate must be authorized by two-thirds in interest of the stock in writing, or by a resolution to that effect passed at any regular meeting or special meeting of the stockholders called for that purpose, voting either in person or by proxy, such meeting to be called as provided by law, or the by-laws of such corporation; such certificate shall set forth:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Railroad corporation may extend period of existence by filing certificate with secretary of state


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κ1917 Statutes of Nevada, Page 86 (CHAPTER 74)κ

 

What certificate must contain

 

 

 

 

 

 

 

 

 

 

 

Certificate filed with secretary of state and clerk of county of principal place of business

 

 

 

 

 

 

 

Fees for filing certificate

 

 

 

Corporation’s rights, privileges, etc.

      1.  The name of the corporation, which shall be the existing name of such corporation at the time of such extension.

      2.  The name of the city, town or place within the county in which its principal office or place of business is located in this state.

      3.  The date when such extension is to commence, which date shall be prior to the date of the expiration of the charter desired to be extended, and whether or not such extension is to be perpetual, and if not perpetual the time when such extension is to continue.

      4.  That the corporation desiring to extend and so continue its charter, is duly organized and carrying on the business authorized by its existing charter and amendments thereto, if any, and desires to extend and continue its existence pursuant to and subject to the provisions of the act under which it was incorporated, and acts amendatory thereof, supplemental thereto, or applicable to such corporation.

      (b) Such certificate for the extension of the existence of any such corporation shall be filed in the office of the secretary of state, and he shall furnish a certified copy of same under his hand and seal of office; such certified copy shall be filed in the office of the clerk of the county in which the principal office of such corporation is located in this state, and recorded in a book kept for that purpose, or in a book provided for recording original articles of incorporation; and such certificate or a certified copy thereof duly certified under the hand of the secretary of state and his seal of office, accompanied with the certificate of the clerk of the county wherein the same is recorded, under his hand and seal of office, stating that it has been recorded, the record of the same in the office of the clerk aforesaid, or a copy of such record duly certified, or a copy of such record duly certified by the clerk aforesaid, shall be received as evidence in all courts of law and equity in this state.

      (c) For filing such a certificate of extension in the office of the secretary of state and county clerk there shall be paid to the secretary of state, for the use of the state, five cents for each one thousand dollars of capital authorized, as set forth in the original articles of incorporation; and to the county clerk for filing and recording such certificate, the sum of five dollars.

      (d) Any such corporation now existing or hereafter incorporated, desiring to extend its corporate existence, shall, upon complying with the provisions of subdivisions a, b, and c of this section, be and continue a corporation for the time stated in its certificate of extension, and shall, in addition to the rights, privileges and immunities conferred by its original charter, possess and enjoy all the benefits of the laws of this state which are applicable to the nature of its business, and shall be subject to the restrictions, liabilities and obligations applicable thereto.


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κ1917 Statutes of Nevada, Page 87 (CHAPTER 74)κ

 

      (e) It shall be the duty of all corporations enjoying the benefit of this act and all other acts chartering or franchising any corporation affected with a public use, to render an efficient and adequate service to the public, carry out all the provisions of its charter or franchise, promptly construct its system or plant or additions thereto in compliance with law, and to reconstruct or rebuild the same in whole or in part whenever necessary in order to render a safe, efficient and adequate service to the public.

Corporation must render adequate service to public

 

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CHAPTER 75

Chap. 75–An Act to amend an act entitled “An act to amend an act entitled ‘An act to amend section nineteen as amended March 26, 1915, of an act entitled an act to incorporate the town of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,’ approved March 15, 1905,” approved March 26, 1915.

 

[Approved March 13, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section nineteen of the act entitled “An act to incorporate the town of Sparks, in Washoe County; and defining the boundaries thereof,” approved March 15, 1905, approved March 26, 1915, is hereby amended to read as follows:

      Section 19.  The city council shall have the power:

      First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualifications and election of its own members.

      Second-To make and pass all ordinances, resolutions, and orders not repugnant to the constitution of the United States or the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, and for the execution of all the powers vested in said city, and for making effective the provisions of this charter.

      Third-To levy and collect, annually, a tax of not to exceed one per cent upon the assessed value of all real and personal property within the limits of the city, and which is by law taxable for state and county purposes.

      Fourth-To sell, lease, control, improve, and take care of the real estate and personal property of the city; provided, said council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose.

      Fifth-To lay out and extend, change the grade, open, vacate, and alter the streets and alleys within the city, and may order, require, and provide for macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing, and widening of any highway,

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending charter of town of Sparks

 

Powers and duties of city council of Sparks


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κ1917 Statutes of Nevada, Page 88 (CHAPTER 75)κ

 

Powers and duties of city council of Sparks

cleaning, repairing, lighting, surfacing, and widening of any highway, street, or alley, or in any way improving such highway, street, or alley; also to provide for the improvement and preservation of the city parks and the construction, repair, and preservation of all sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; to prevent and remove any nuisance or obstruction or unlawful or unauthorized use of any street, alley, or sidewalk, crossing, bridge, drain, gutter, or sewer in the said city, and to provide for the numbering of the houses therein; provided further, that the city shall have the power by ordinance to compel any and all owners, firms, associations, partnerships or corporations who own or control any ditch or drain within the said city to remove all rubbish and other matter from said ditch or drain at least twice a year, such removal to be done without expense to the city, but according to said city ordinances relating thereto.

      Whenever the city council shall determine to make any public construction, improvement, or repairs in the laying of pavements, sidewalks, courts, parks, ditches, drains, sewers or rights of way, or any portion thereof, and defray the whole or any part of the expense thereof by special assessment upon the lands and premises fronting on or benefited by such improvement, the city council shall first pass a resolution of intention so to do, referring to the street by its official name, or the name by which it is commonly known, and briefly describing the work or improvements proposed. Said resolution of intention shall be published twice in some daily, semiweekly, triweekly or weekly newspaper published and circulated in the city and designated by said council for that purpose.

      The city council may include in one proceeding, under one resolution of intention, and in one contract, any of the different kinds of work mentioned in this act, and any number of streets and rights of way or portions thereof, and it may except therefrom any of said work already done upon a street to be the official grade. The lots and portions of lots fronting upon said excepted work already done shall not be included in the frontage assessment for the class of work from which the exception is made.

      Within one day after the adoption of the resolution of intention the city clerk shall cause to be posted along the line of the contemplated work or improvement at least three notices headed “Notice of Improvement,” in letters of not less than one inch in length; the said notices shall state the fact of the passage of the resolution of intention, its date, and briefly describe the work or improvement proposed, and refer to the resolution of intention for further particulars, and record and proof of such posting shall be made a part of the record of the proceedings.

      At any time within ten days from the date of the second publication of the resolution of intention any owner of or person having an interest in property liable to be assessed for said work or improvement may make written protest against the proposed work or improvement being done.


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κ1917 Statutes of Nevada, Page 89 (CHAPTER 75)κ

 

person having an interest in property liable to be assessed for said work or improvement may make written protest against the proposed work or improvement being done. Such protest shall be in writing and delivered to the city clerk, who shall immediately mark the date of the filing thereon.

      At the next regular meeting of the council after the expiration of the time within which any such protest or protests may be made, the city council shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive; provided, however, should protests be made by a majority of the property owners along the line of the proposed work or improvement, such majority protest or protests shall be deemed to work a recession of the resolution of intention, and the city council will proceed no further in said proceedings. The council may adjourn the hearing from time to time.

      When no protests have been delivered within the time allowed by the notices above provided, or when a protest or protests filed have been found to be insufficient, overruled, or denied by the city council, immediately thereupon the city council shall be deemed to have acquired jurisdiction to order the proposed work or improvement.

      Before passing any resolution for the construction of any work or improvement provided for in this act, plans and specifications and careful estimates of the costs and expenses thereof shall be furnished, and the council is authorized to employ a competent engineer for such purposes.

      Before awarding any contract by the city council for doing any work or improvement authorized by this act, the council shall pass a resolution ordering the work or improvement to be made.

      Notice shall be posted for five days at or near the council chamber doors inviting sealed bids for the doing of said work, which notice shall also be published at least twice in some newspaper published and circulated within said city.

      Such notices shall fix a day for the opening of bids, which shall not be less than ten days from the first publication of the notices calling for bids, and refer to specifications filed with the city clerk.

      Each bid shall, on or before the day fixed for opening bids, be filed with the city clerk and shall be accompanied by a check payable to the city, certified by a responsible bank, for an amount not less than ten per cent of the aggregate of the bid, as security that the successful bidder will enter into the contract to perform the work, and in the event of his failure or neglect to enter into such contract such check shall be forfeited to the city.

      The city council may reject any and all proposals or bids, should it deem this for the public good, and may readvertise, at any time within six months from the date of the resolution of intention, for further bids, as in the first instance, without further proceedings, and thereafter proceed in the manner herein provided.

Powers and duties of city council of Sparks


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κ1917 Statutes of Nevada, Page 90 (CHAPTER 75)κ

 

Powers and duties of city council of Sparks

without further proceedings, and thereafter proceed in the manner herein provided.

      Within ten days after notice of the award the bidder whose bid is accepted must enter into a contract, and if he neglects or fails to do so the city council may, in these proceedings, again advertise for bids as in the first instance.

      Every contractor to whom is awarded any contract under the provisions of this act shall, before the execution of the contract, tender to the mayor a good and sufficient bond for his approval, in a sum of not less than one-half of the total amount of the contract, and conditioned for the faithful performance of the contract in strict compliance with the terms binding the contractor, which shall be filed in the office of the city clerk. The contract shall be in writing and shall fix the time for the commencement and completion of the work, which work shall be prosecuted with diligence from day to day to completion, which time of completion shall only be extended by the consent of the city council. The work in all cases must be done under the direction and to the satisfaction of the city council, or to the street superintendent or overseer appointed by the council to see that work and materials used comply with the specifications for the said work, and all contracts entered into under the provisions of this act must contain a provision that in no case will the city or any officer thereof be liable under the contract, nor for any delinquency of persons or property assessed.

      Upon the letting of the contract the city council shall cause to be made an assessment to cover the sum of the contract price (including all incidental expenses of these proceedings, including publication and fees of the engineer employed), which assessment shall briefly refer to the contract and the work contracted, and the amount of the contract, together with all incidental expenses, the amount of each assessment, the name of the owner of each lot or portion of a lot fronting on or benefited by the improvement (if known); if unknown, the word “unknown” shall be written opposite the number of the lot.

      When the contractor has fulfilled his contract to the satisfaction of the city council, and shall have paid into the city treasury of the city the said incidental expenses of the proceedings, the city clerk shall attach to the said assessment a warrant signed by the mayor and countersigned by the city clerk, with the seal of the city attached.

      The said warrant shall be substantially in the following form:

(Form of Warrant)

      By virtue hereof, I, ............................., the mayor of the city of Sparks, county of Washoe, State of Nevada, by virtue of the authority vested in me, do authorize and empower .......................... (name of contractor) (his or their) agents or assigns to demand and receive the several assessments against the property herein described, and this shall be his (or their) warrant for the same.


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κ1917 Statutes of Nevada, Page 91 (CHAPTER 75)κ

 

or assigns to demand and receive the several assessments against the property herein described, and this shall be his (or their) warrant for the same.

                                                                                                .......................................

             (seal)                                                                   Mayor of the City of Sparks.

      ..........................., City Clerk of the City of Sparks.

      Where demand cannot be made personally upon the owner of any of the premises, or his agent, for any cause within the city or where the owner is unknown, the contractor shall publicly demand payment on the premises assessed.

      Whenever payment is made on the assessment against any lot or portion thereof, the contractor shall give the person paying it a written receipt describing the lot and premises, and mark upon the assessment opposite such lot or premises described “Paid” and the date thereof.

      Within thirty days after the contractor has received the said assessment, he shall return to the city clerk the said assessment, showing each payment of the respective assessments as above provided, which return shall be verified by the contractor or some one in his behalf, and in effect that no payments other than those marked “Paid” upon the assessment have been made.

      The city clerk shall record the said return immediately under the following record of assessment, and may receive and receipt for any assessment which shall appear unpaid at any time before suit is brought to recover the same.

      The said warrant and assessment shall be recorded in the office of the city clerk in a book kept for recording special assessments of the city of Sparks, and also in the office of the recorder of Washoe County, and there shall be no fee for recording the same.

      When so recorded the several amounts assessed shall be a lien upon the lots or portions of lots and premises respectively for a period of one year from the date of recording unless sooner discharged; and from and after the date of said recording all persons shall be deemed to have notice of the contents of the record thereof and of the respective liens against said lots and premises.

      Immediately after the said recording the city clerk shall deliver to the contractor, his agents or assigns, the original assessment with the warrant attached who shall be authorized to demand and receive the amounts of the several assessments made to cover the sums due for the work specified in such contract and assessment with the said incidental expenses incurred.

      At any time within one year after the said return has been recorded, the contractor or his assigns may commence suit against the owner of any lot upon which the assessment has not been paid for the collection of such assessment and the foreclosure of the said lien upon the said lot and premises, and where the owner or owners of more than one lot are identical a single action may be brought for the recovery of the assessment irrespective of the number of lots assessed.

Powers and duties of city council of Sparks


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κ1917 Statutes of Nevada, Page 92 (CHAPTER 75)κ

 

Powers and duties of city council of Sparks

identical a single action may be brought for the recovery of the assessment irrespective of the number of lots assessed.

      The court having jurisdiction in all actions for the foreclosure of the lien of any assessment provided by this act shall, in addition to other costs, allow a reasonable attorney’s fee to the plaintiff in such action.

      The said assessment and warrant with the affidavit of demand and nonpayment shall be prima facie evidence of all the proceedings of such assessment and like evidence of the right of the plaintiff to recover in the action.

      It shall be lawful for the owner or owners of lots and premises liable to assessment to perform at his or their expense any improvement proposed, by obtaining permission from the city council at any time before the letting of the contract.

      Sixth-To organize, regulate, maintain, and disband a fire department; to provide for the extinguishment of fire; to regulate and prohibit the storage of gunpowder or other explosives or combustible or inflammable material within, or transported through the city, and to prescribe the distance from said city where the same may be stored, held, or kept.

      Seventh-To determine by ordinance what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same, at the expense of the parties creating, causing, or committing such nuisances, and to provide for the penalty and punishment for the same.

      Eighth-To provide for safeguarding the health of the city. For this purpose, the council, with the mayor, who shall be president of the board, shall act as a city board of health, and the council may by ordinance prescribe its duties and powers. The council may elect a secretary of the board of health, who shall be the health officer of the city and have full power as such over all matters pertaining to health and sanitary matters. The board of health may be empowered, among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meal, and all other food products offered for sale in the city, and to have any such products as are unsound, spoiled, unwholesome, or adulterated summarily destroyed.

      Said board shall have power to make all needful regulations for the preservation of the health and suppression of disease, and to prevent the introduction of contagious, infectious, or other diseases into the city; to make quarantine laws and regulations, and the city council shall have power to enforce the same by providing adequate penalties for violations thereof.

      The council may erect or otherwise acquire a pest house, temporarily or permanently, at such distance from the city limits as it shall deem practicable, and the health officer shall have the power to establish temporarily pest house or pest houses in the case of emergency or epidemics.


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κ1917 Statutes of Nevada, Page 93 (CHAPTER 75)κ

 

      The council may by ordinance prescribe a salary for the health officer, but such salary, when fixed, shall not be changed so as to increase the same oftener than once every two years, except temporarily during the period of an emergency caused by dangerous epidemic or the like.

      Ninth-To fix, impose, and collect a license tax on, and to regulate all trades, callings, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances, and performances of any and every kind for which an admission fee is charged, or which may be held in any house, place, or inclosure, where wines, spirituous, malt, and vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements; to fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, eating-houses, lunch counters, barrooms, lodging-houses, accommodating four or more lodgers; bankers, brokers of every and all kinds, manufacturers, livery stables, express companies, telegraph and telephone companies, street-railway companies, operating in whole or in part within said city. To fix, impose, and collect a license tax on and regulate auctioneers and stock-brokers. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress all tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state.

      To fix, impose, and collect a license tax on, regulate, prescribe the locations of or suppress all saloons, barrooms, gambling games, places where intoxicating liquors are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, and phrenologists, pawn shops, pawn brokers, refreshment or coffee stands, booths and sheds. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests and exhibitions.

      To fix, impose, and collect a license on, regulate, prohibit or prescribe the location of gambling and gaming houses, gambling and gaming of all kinds, faro, and all games of chance; houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of every, any, and all kinds, trades and traders, hotels, butcher shops, slaughter-houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle and harness makers, cigar stores, cigar manufacturers, stationery stores,

Powers and duties of city council of Sparks


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κ1917 Statutes of Nevada, Page 94 (CHAPTER 75)κ

 

Powers and duties of city council of Sparks

stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separated from hardware stores, hardware stores, paint, paper, or oil stores, bicycle repair shops, cycleries, warehouses, cold-storage plants, daily, weekly, semiweekly, monthly, and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life, accident, and agents or solicitors, for the same, shooting galleries, upholsterers, barber shops, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horse-shoeing shops, tailor and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, boot-black stands, all billiard or pool games or other table games, or games played with cue or balls or other mechanical device, bakeries, milliners, gunsmith shops, steam-renovating works, dressmaking establishments, local railroad, telegraph and telephone companies, express companies, state companies, electric-light, water, and power companies, bankers, brokers, jobprinters, manufacturers of soda waters or other soft drinks, or of beer, malt, spirituous, or vinous liquors, or other alcoholic beverages, brewing agencies, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger-service establishments, contractors, contracting mechanics or builders, sash-and-door factories, planing mills, machine shops, car shops, building and loan companies, agent or solicitors for the same, real-estate agents, popcorn, peanut, and fruit stands, music stores, dry-goods stores, furniture stores, drug stores, undertakers, boot and shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by bill boards, placards, and the like, gun stores, sporting, hunting and fishing-tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular, all business, trades, and professions including attorneys, doctors, physicians, and dentists, and all character of business or callings not herein specifically named; provided, that in fixing any license the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association, or corporation thus licensed and on a pro rata basis.

      The city council shall have power to fix, impose, and collect an annual per capita tax on all dogs and cats and to provide for the destruction of all dogs and cats upon which said tax shall not have been paid; to fix, impose, and collect a license tax on, and regulate hacks, hackney coaches, cabs, omnibuses, and all other vehicles used for hire, and to regulate the stand of all hacks, hackney coaches, cabs, omnibuses, jitney busses, express wagons, drays, job wagons, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles; to fix, impose, and collect a license tax, regulate or suppress runners for hotels, taverns, or other business.


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κ1917 Statutes of Nevada, Page 95 (CHAPTER 75)κ

 

impose, and collect a license tax, regulate or suppress runners for hotels, taverns, or other business.

      Tenth-To prevent any and restrain any riot or riotous assemblage, or disorderly conduct within the city, and to provide for the punishment for the same.

      Eleventh-To provide for the formation of a chain-gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and to prevent their escape while being so employed.

      Twelfth-To provide for conducting all city elections, except the first one hereunder, regular or special, establishing election precincts, changing the same and appointing the necessary officers of election.

      Thirteenth-To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run, within the city limits, and to prescribe the length of time any street may be obstructed by cars standing thereon, and to require railroad companies either to station flagmen or place such sufficient warning signals or signal bells on street crossings as may in the judgment of the council be necessary, and to require street-railway cars to be provided with modern fenders, and to have warning or signal bells rung at all street crossings.

      Fourteenth-To examine all books, papers, reports, and statements of the several officers or other persons having custody, care, or disbursement of any moneys belonging to the city, and to examine and liquidate all amounts and claims against the city, and to allow or reject the same, or any part thereof.

      Fifteenth-To provide for the issuance of all licenses in this charter authorized, and to fix the amounts thereof, and to fix the times for, manner of, and terms for which the same shall be issued.

      Sixteenth-To make all appropriations, examine and audit, reject or allow, the accounts of all officers or other persons having the care or the custody of any city moneys or property, and to determine the fee or salaries of such office or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund herewith to meet the same; and provided further, that if any debt is created against the city, contrary to the provisions of this charter by the said council, such debt, claim, or obligation shall be null and void as against the city, or any of its funds, but every councilman voting in favor of the same shall be held personally liable, jointly and severally, for the entire debt so made, and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed therefrom.

Powers and duties of city council of Sparks


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κ1917 Statutes of Nevada, Page 96 (CHAPTER 75)κ

 

 

Powers and duties of city council of Sparks

ance in office, and on conviction thereof shall be removed therefrom.

      Seventeenth-To control, enlarge, or abolish cemeteries, and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance from said limits where the same may be located.

      Eighteenth-To establish, lay out, and to change fire limits, and to regulate or prevent the erection or repair of wooden buildings herein; to regulate and prescribe the material to be used in the construction of buildings and sheds in such limits; and regulate, prescribe, or prohibit awnings, porches, signs, placards, or bill boards over sidewalks or cross streets, and to regulate the same throughout the city.

      Nineteenth-To provide by ordinance for a supplemental registration of all persons possessing the requisite qualifications of voter in said city, and whose names do not appear on the official register of voters in said city for the last preceding general election; such registration to be held every two years before the police judge and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be taken later than thirty days preceding any regular city election.

      Twentieth-To provide and maintain a city prison and to provide for the guarding, safe keeping, care, feeding, and clothing of city prisoners.

      Twenty-first-To prevent or regulate the running at large within the city, of any poultry, hogs, sheep, goats, swine, horses, cows, or other animals; to establish a pound and to authorize the impounding, sale, or destruction of any animals or fouls found running at large.

      Twenty-second-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric-light and other poles and suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.

      Twenty-third-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to require owners or lessees of public buildings or buildings used for public purposes, including hotels, dancing halls, theater buildings to place in or upon same fire escapes and appliances for protection against and the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stove pipes, ovens, and boilers, and to prevent the depositing of sewer filth, offal, manure, or other offensive matter within the city; to prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the cleaning, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, or debris; to compel the abating of nauseous, stinking, or foul privy vaults.


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κ1917 Statutes of Nevada, Page 97 (CHAPTER 75)κ

 

bustible material in unsafe places; to regulate and compel the cleaning, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, or debris; to compel the abating of nauseous, stinking, or foul privy vaults.

      Twenty-fourth-To regulate the entrance to and exit from theaters, lecture-rooms, public halls, and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, or benches in, or crowding or otherwise obstructing the aisles, entrances or exits of such places.

      Twenty-fifth-To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, ditches, signal bells, warning signs, and other electric, telegraph, and mechanical appliances, in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire-alarm system, or extinguishment of fires, or permanently with the free use of the streets, sidewalks, or alleys.

      Twenty-sixth-To require every railroad and street railway company to keep the streets in repair, between the tracks and along and within the distance of at least two feet upon each side of the tracks.

      Twenty-seventh-To require upon such notice as the council may direct, any noxious or offensive smell, filth, or debris to be abated, removed, or otherwise destroyed, at the expense of the person or persons causing, committing, or responsible therefor, and the council, in like manner, may require or cause any lots or portion of lots covered by stagnant water for any period to be filled up to such level as will prevent the same from being so covered, and may assess the costs of filling upon such real estate, and provide that it shall be a lien thereon, in which case said lien shall be enforced as in other cases herein provided for.

      Twenty-eighth-To provide for and regulate the manner of weighing all food products and food stuffs, and hay, grain, straw, and coal, and the measuring and selling of fire-wood and all fuel within the city, and to provide for seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test, and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures.

      Twenty-ninth-To restrain and punish vagrants, drunkards, disorderly persons, common prostitutes, mendicants, street beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms,

Powers and duties of city council of Sparks


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κ1917 Statutes of Nevada, Page 98 (CHAPTER 75)κ

 

Powers and duties of city council of Sparks

playing their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening or lewd or obscene language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, indecent, and disorderly conduct and practices within the city; to prevent and punish the discharging of fire arms within the city; the lighting of fires in yards, streets, or alleys, or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding, or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched, or otherwise in the city.

      Thirtieth-To regulate the sale and use of water, gas, electric, and other lights in the city; to fix and determine the price thereof, as well as the rental price of all water, and gas, and electric-light meters in the city, and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city.

      Thirty-first-To regulate lodging, tenement, and apartment houses having four or more lodgers; to prevent the over crowding of the same, and to require the same to be kept in a sanitary condition.

      Thirty-second-To adopt and enforce, by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals, and the suppression of vice in the city, and to pass ordinances upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any other duty, every, and all other acts and things necessary for the execution of the powers conferred or which may be necessary to fully carry out the intent, purposes, and object thereof.

      Thirty-third-To select, appoint, and employ an engineer, surveyor, architect, or other skilled mechanic or person from time to time, whenever in the judgment of the council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined, and fully defined by ordinance.

      Thirty-fourth-To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or of any provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months’ imprisonment, or both such fine and imprisonment.


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κ1917 Statutes of Nevada, Page 99 (CHAPTER 75)κ

 

amount of five hundred dollars or six months’ imprisonment, or both such fine and imprisonment.

      Thirty-fifth-To require of and prescribe the amount and conditions of official bonds from the members of the council and all officers of the city, whether elective or appointive.

      Thirty-sixth-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit against any property owner refusing or neglecting to pay, as assessed by the council, his ratable proportion of the costs of paving, grading, or otherwise improving any street or building, any sidewalk or other improvement which benefits such property or owner thereof.

      Thirty-seventh-To hold, manage, use, and dispose of all real and personal property of the city, and to inforce the payment and collection of all dues and demands of every nature or kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of.

      Thirty-eighth-Any property, real or personal, necessary or required for the public use of the city may be condemned and appropriated in the manner now prescribed by law and all rights of eminent domain may be exercised by the city in relation thereto.

      Thirty-ninth-Nothing herein contained shall be construed as authorizing or permitting the opening or extension of any street across or upon the lands within the boundaries of said city of Sparks occupied for railroad purposes by the Central Pacific railway company, or the Southern Pacific company, their successors or assigns, said lands being particularly described as follows, to wit:

      Commencing at a point which is the section-corner common to sections Nos. 4, 5, 8, and 9, township 19 north, range 20 east, Mount Diablo base and meridian, and running thence westerly along the north boundary line of said section No. 8, a distance of two hundred and forty-three (243) feet, more or less, to the northeastern corner of the townsite of Sparks, as shown on the townsite map recorded in the office of the county recorder of Washoe County on April 25, 1904, at request of the Southern Pacific company; running thence from said corner southerly at right angles along the eastern boundary line of said townsite of Sparks a distance of four hundred and twenty (420) feet to the southeast corner of said townsite of Sparks; thence at right angles westerly along the south boundary line of the said townsite of Sparks parallel with and distant four hundred and twenty (420) feet from the north boundary line of said section No. 8,

 

 

Powers and duties of city council of Sparks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tract for railroad purposes exempt from opening for streets, etc.


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κ1917 Statutes of Nevada, Page 100 (CHAPTER 75)κ

 

Tract for railroad purposes exempt from opening for streets, etc.

parallel with and distant four hundred and twenty (420) feet from the north boundary line of said section No. 8, a distance of twenty-three hundred and sixty-three (2,363) feet, more or less, to a point in the west boundary of the northeast quarter of said section No. 8, said point being also the southwest corner of the said townsite of Sparks; thence south along west boundary of the northeast quarter of said section No. 8, a distance of three hundred and forty-five (345) feet, more or less, to a point distant sixty-five (65) feet at right angles northerly from the center line of the reconstructed line of the Central Pacific railway as located and constructed; thence westerly to the right with an angle of 82 degrees and 24 minutes and parallel with and distant sixty-five (65) feet at right angles northerly from said center line, a distance of one thousand and twenty-five (1,025) feet, more or less, to a point on the east line of Elm street; thence at right angles southerly along the said easterly line of Elm street and crossing the said center line of the reconstructed Central Pacific railway at or near engineer survey station No. 66 plus 80, a distance of three hundred and five (305) feet to a point; thence at right angles easterly two hundred (200) feet to a point; thence at right angles southerly one hundred and sixty (160) feet to a point which is distant four hundred (400) feet at right angles southerly from the center line of the said reconstructed Central Pacific railway; thence at right angles easterly parallel with and distant four hundred (400) feet at right angles southerly from said center line, a distance of eight hundred and eighty-eight (888) feet, more or less, to a point in the said west boundary of the southeast quarter of said section No. 8; thence southerly along said quarter-section line a distance of eighty-five (85) feet, more or less, to the southwest corner of the north one-half of the northeast quarter of said section No. 8; thence east along the south boundary of the north one-half of the northeast quarter of section No. 8 and the south boundary of the north half of the northwest quarter of section No. 9 of said township and range, a distance of three thousand four hundred and sixty-five (3,465) feet, more or less, to a point distant fifty (50) feet, southerly at right angles from the said center line of the reconstructed Central Pacific railroad; thence southeasterly parallel with said center line and distant at right angles fifty feet therefrom, a distance of eighteen hundred and twenty-five (1,825) feet, more or less, to a point on the east boundary line of northwest quarter of said section No. 9; thence north along said quarter-section line and crossing the said center line at engineer survey station No. 130 plus 33.15, a distance of one thousand and sixty-two (1,062) feet, more or less, to a point; thence at right angles westerly a distance of three hundred and fifty (350) feet to a point; thence northerly and parallel with the east line of said northwest quarter of section No. 9,


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κ1917 Statutes of Nevada, Page 101 (CHAPTER 75)κ

 

the east line of said northwest quarter of section No. 9, four hundred and ninety-five (495) feet to a point in the north line of said section No. 9, township 19 north, range 20 east, M.D.M; thence west along said north line of said section No. 9, a distance of twenty-three hundred and eleven (2,311) feet, to the point of beginning, said parcel of land being all in said sections 8 and 9, township 19 north, range 20 east, Mount Diablo base and meridian.

 

 

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CHAPTER 76

Chap. 76–An Act to amend sections 7 and 10 of article XII of an act entitled “An act to incorporate the town of Reno, and to establish a city government therefor,” approved March 16, 1903, as amended March 13, 1905, and further amended on March 28, 1907, March 24, 1909, March 31, 1909, February 1, 1911, March 10, 1911, March 18, 1911, March 24, 1913, March 25, 1913, February 26, 1915, and March 22, 1915.

 

[Approved March 13, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of article XII of the above-entitled act is hereby amended so as to read as follows:

      Section 7.  The style of ordinances shall be as follows: “The City Council of the City of Reno do ordain,” and all proposed ordinances, when first proposed, shall be read aloud, in full, to the city council, and then laid over until the next regular meeting for adoption or rejection. All ordinances shall be signed by the mayor and be published in full, together with the votes cast thereon, in some daily newspaper published in the city, for the period of at least one week, before the same shall go into effect, except as provided in section 10, subdivision second, article XII, of this charter.

      In all prosecutions for violation of any of the provisions of this charter, or for the violation of any city ordinance, rule, resolution, or other regulation of the city council, whether in the court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of this charter, and of such ordinance, rule, resolution, or other regulation, and of the contents thereof; and in all civil actions to which the city, or any officer of the city, is party, either plaintiff or defendant, the adoption and contents of any ordinance, rule, resolution, or other regulation of the city council may be proven prima facie by the introduction of the original entry thereof on the records of the council, or copy thereof certified by the city clerk, to be a full, true and correct copy of such original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.

 

 

 

 

 

 

 

 

 

 

 

 

Amending Reno charter

 

Ordinances must be published in daily newspaper


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κ1917 Statutes of Nevada, Page 102 (CHAPTER 76)κ

 

 

 

 

 

Powers and duties of city council of Reno

copy published or purported to have been published by authority of the city council.

      Sec. 2.  Section 10 of article XII of the above-entitled act is hereby amended so as to read as follows:

      Section 10.  The city council, among other things, shall have power:

      First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualifications and election of its own members.

      Second-To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution of the United States, or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all the powers vested in said city, and for making effective the provisions of this charter, and to cause to be compiled from time to time, not to exceed once in every two years, the charter and its amendments and the ordinances of the city of Reno in book or pamphlet form, of which not less than two hundred (200) copies shall be issued for general distribution within said city, at a reasonable price, in which said compilation the ordinances of the said city once passed and published or posted as provided in section 7 of this article may be repealed, revised, amended, and validated without further publication.

      Third-To levy and collect annually for general purposes a tax of not to exceed three-quarters of one per cent upon the assessed value of all real and personal property within the city and which is by law taxable for state and county purposes; and in addition thereto to levy and collect annually a tax of not to exceed one-quarter of one per cent upon the assessed value of all real and personal property within the city, which is by law taxable for state and county purposes, to provide a fund for the payment of the interest on the bonds of the city outstanding, and that may be lawfully issued and sold hereafter, and to provide a fund for the payment of the principal of such bonds, and for the redemption thereof as they shall mature, and for no other purpose; provided, that all moneys now held in any special fund not herein provided for may be transferred to the general fund of the city.

      Fourth-To sell, use, lease, improve, hold, and take care of the real estate and personal property of the city; provided, the city council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose.

      Fifth-To lay out, extend, change the grade, open, vacate, and alter the streets and alleys within the city, and by ordinance require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing and widening of any highway,


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κ1917 Statutes of Nevada, Page 103 (CHAPTER 76)κ

 

widening of any highway, street, or alley, or otherwise improving same; also to provide by ordinance the improvement and preservation of the city parks, and the construction, repair, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awning posts, show windows, and other things upon and over the sidewalks, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures, and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the the expense thereof, may divide the city into districts. Such part of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, constructing sidewalks, or otherwise improving the same, as the city council shall determine, may be paid from the general fund, street fund or district street fund, from the proper street district, or the said cost, or a portion thereof, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street or alley so improved or proposed so to be, or the lands fronting upon such improvement and such other lands as in the opinion of the city council may be benefited by the improvement. When the city council shall determine to make any public improvements, such as laying pavements, constructing sewers, drains or sidewalks and curbing, macadamizing, oiling, graveling, or grading any streets or alleys, or in any way improving the same, and defrays the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund or any other fund. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, school buildings, or other public building or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the city council, or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund, or from the proper street or district street fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or, if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment, in proportion to the estimated benefits resulting thereto from the improvement.

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Powers and duties of city council of Reno

lands not fronting upon the improvement, then upon all land included in such special assessment, in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessment, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvement, including the necessary land therefor, viz., for city hall and other public buildings for the use of the city, officers, engine-houses and structures for the fire department, water-works, city prison, levees and embankments, shall be paid from the proper general fund of the city; except that, in case of lands appropriated for streets and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvement or repairs, in the laying of pavements, or constructing sidewalks, or in any way improving the streets in the city, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the general fund of the city, or from the street funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinance to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parts to be assessed can be ascertained and described by the city assessor.


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by the city assessor. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination and they shall give notice thereof and the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for two weeks at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each postoffice of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of two-thirds of all the members elected to the city council. In all cases where the board of health or other officials of the city or the city council are authorized to do so, or cause to be done, certain things, the whole or any part of which may be charged as a special assessment upon the property, and where special provisions for making the levy are not herein made, the city council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph, and may at their option refer the same to the city assessor and have the same assessed against such property. The cost and expenses of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds twenty per cent of the value of such lands as last before valued and assessed for state and county taxation in the county tax roll. Any cost exceeding that per cent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.

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Powers and duties of city council of Reno

contract shall not be made or awarded before the time herein stated. When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises and portions of land to be assessed with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name “unknown”; provided also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, or premises, and collected as in other cases. If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land or such relative portion of the whole amount to be levied, as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. When the assessor shall have completed the assessment he shall report the same to the city council. Such reports shall be signed by him and made in the form of a certificate and endorsed on the assessment roll as follows:


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made in the form of a certificate and endorsed on the assessment roll as follows:

      State of Nevada, City of Reno, ss. To the City Council of the City of Reno: I hereby certify and report that the foregoing is the assessment roll, and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the costs of (e. g.) for paving Virginia street from First street to Fourth street in said city (as the case may be), (or constructing a sewer on Sierra street), (or as the case may be). That in making such assessment, I have as near as may be and according to my best judgment conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment.

Dated Reno, Nevada,............................, A. D. 19....

.........................., City Assessor.

      When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land, or premises which, by the provisions of this act, the city council is authorized to charge and collect a special assessment against the same, and not being of that class of special assessments required to be made pro rata upon several lots or parcels of land, on account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with the description of the lot or premises upon or in respect to which the expense was incurred, or the name of the owner or person, if known, chargeable therewith, shall be reported to the city council in such manner as the city council shall present. And the provisions of the previous subdivisions with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision.

      The city council shall determine what amount or part of every expense shall be charged and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and as often as the city council shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises and the persons chargeable therewith respectively to be reported by the city clerk to the city assessor for assessment.

      Upon receiving the report mentioned in the preceding subdivision the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council.

 

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Powers and duties of city council of Reno

or parcel of land so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council. When any special assessment shall be reported by the city assessor to the city council as in this section and subdivision directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause notice to be published for two weeks at least in some newspaper of the city of the filing of the same with the city clerk, and appointing a time when the city council and assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk. The notice provided in this subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

 

Notice of Special Assessment

      To (insert the names of the persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment for the (e. g., paving Virginia street to Fourth street in said city), (or constructing a sewer on Sierra street between First street and Fifth street), or (as the case may be), is now on file at my office for public inspection. Notice is hereby given that the city council and city assessor of the city of Reno will meet in the council room in said city on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard.

Dated.................                                                              .................................., City Clerk.

      At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the city council may correct the same as to any assessment or description of the premises, appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation which shall be in the following words: “Special assessment roll for (describing fully what the assessment is for), as approved by the city council,


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by the city council, the................day of.................... (month), 19..... (affixing the time).

Dated.................                                                            .................................., City Clerk.”

      Sixth-When any special assessment roll shall be confirmed by the city council it shall be final and conclusive except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the county auditor, acting ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The county auditor, acting ex officio city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll when so endorsed and recorded shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than ten installments, one of which installments to be collected yearly, or the entire amount thereof to be collected at once, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven per cent.

      All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Reno in the same manner as any other action for money owed the city of Reno; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold, and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice act of the State of Nevada, and whenever the words “justice court,” “justice of the peace,” and “constable” are used in said civil practice act the same shall be held to mean police court, police judge, and chief of police, respectively, for the purposes of said action.

      Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of lands so divided.

 

 

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Powers and duties of city council of Reno

the uncollected amounts upon the several parts of lands so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.

      Should any special assessment prove insufficient to pay for the improvement or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid.

      Whenever any special assessment shall, in the opinion of the city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All of the proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessment in this act.

      Whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises; and the assessment to that extent be deemed satisfied.

      No judgment or decree nor any act of the city council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon.

      When any special assessment shall be confirmed, recorded, and be payable, and the city council desires to have the same paid in annual installments, or the entire amount thereof to be paid at once, as hereinbefore provided, the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed respectively, and the city council shall annually and at the same time the city tax levy is made continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid.


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been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made in a column for special assessments, and the county auditor, acting ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Reno from collecting any special assessment by suit in the name of the city of Reno in the manner in this subdivision before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.

      If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality that the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      The city council of the city of Reno is hereby authorized and empowered to correct or amend the said special assessment roll, by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied, and all changes in said roll shall be made by resolution, by a two-thirds vote of all the members elected to the city council, and the said resolution, or a copy thereof certified by the clerk of the city council as being a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made.

      In construing the fifth and sixth powers of section ten, article twelve, anything in this act contrary thereto shall not be deemed in conflict with the provisions of said powers.

      Seventh-To organize, regulate, maintain, and disband a fire department, to provide for the extinguishment of fire and protection against the same; to regulate or prohibit the storage of gunpowder or other explosive, combustible, or inflammable material within, or transported through the city, and to prescribe the distance from said city where the same may be stored, held, or kept; to regulate the selling, using, or keeping of firecrackers, fireworks, and the giving of any exhibition of fireworks within the city limits and any designated portion thereof.

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Powers and duties of city council of Reno

may be stored, held, or kept; to regulate the selling, using, or keeping of firecrackers, fireworks, and the giving of any exhibition of fireworks within the city limits and any designated portion thereof.

      Eighth-To determine, by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same by the city or at the expense of the parties creating, maintaining, causing, or committing such nuisances, and to provide for the penalty and punishment of the same.

      Ninth-To provide for safeguarding the health of the city. For this purpose, the city council may appoint a city board of health and by ordinance, prescribe its duties and powers, and provide that any violation of any order of the board of health shall be considered a misdemeanor.

      Tenth-To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances, and performances of any, every, and all kinds for which an admission fee is charged, or which may be held in any house, place, or enclosure where wines, spirituous, malt, vinous, or intoxicating liquors are sold or given away; circuses, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements. To fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, chop houses, cafes, saloons, eating-houses, lunch counters, barrooms, lodging-houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed-brick yards, street railway companies operating in whole or in part within the city. To fix, impose, and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit, or suppress all tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the location of, or suppress, all saloons, barrooms, gambling games, tippling houses, dram-shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed, or sale stables, cattle or horse corrals, foundries, and machine shops. To prohibit and suppress all dog-fights, prize-fights, cock-fights, bear, bull, or badger baits, sparring and sparring contests. To regulate, prohibit, prescribe the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions, such as music or otherwise.


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hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions, such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every, and all kinds, of trades and traders of all kinds, hotels, butcher shops, slaughter-houses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separate from hardware stores, hardware stores, paint or oil stores, bicycle shops, garages, repair shops, cycleries, warehouses, cold-storage plants, daily, weekly, semiweekly, monthly, and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber-shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, railroad, telegraph and telephone companies, stage companies, electric light, water, and power companies, bankers, and brokers of any, every, and all kinds, electrical supply houses, job printers, manufacturers of soda water, or other or any soft drinks, or of beer, malt, spirituous, or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, or purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents or solicitors for the same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, drygoods stores of every, any, and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, or persons furnishing the same, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular, each and every, and any business, and all trades and professions, including attorneys, doctors, physicians, and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses, the city council must as nearly as practicable, make the same uniform in proportion to the approximate amount of business done by the licensee; and provided further, that in fixing licenses hereunder, the city council must have due regard for and be governed as far as possible by, the approximate amount or volume of business done by each person, firm, company, association, or corporation thus licensed.

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Powers and duties of city council of Reno

and any business, and all trades and professions, including attorneys, doctors, physicians, and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses, the city council must as nearly as practicable, make the same uniform in proportion to the approximate amount of business done by the licensee; and provided further, that in fixing licenses hereunder, the city council must have due regard for and be governed as far as possible by, the approximate amount or volume of business done by each person, firm, company, association, or corporation thus licensed.

      Eleventh-To fix, impose, and collect a license tax on, and regulate all saloons, barrooms, dram-shops, bars, tippling houses, or places where spirituous, malt, vinous, or intoxicating liquors are sold or given away; and to limit the number of saloons and all other retail liquor licenses, and to revoke the same.

      Twelfth-To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate the stands of all hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress runners for hotels, taverns, or other business.

      Thirteenth-To prevent and restrain any riot or riotous assemblage or disorderly conduct within the city, and to provide for the punishment of the same.

      Fourteenth-To provide for the formation of a chain gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.

      Fifteenth-To provide for conducting all city elections, regular or special, establishing election precincts, changing the same, and appointing the necessary officers of election.

      Sixteenth-To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run within the city limits, and to prescribe the length of time any street may be obstructed by trains being made up or cars standing thereon, and to require railway companies, at the expense of said railway companies, either to erect safety gates and maintain the same, or to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the city council be necessary, and to require street railway cars to be provided with modern fenders, and sufficient heat and other conveniences for the passengers and employees, and to have warning or signal bells rung at all street crossings, and generally to regulate and control the same for the comfort, safety, and security of pedestrians and the traveling public.


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κ1917 Statutes of Nevada, Page 115 (CHAPTER 76)κ

 

street railway cars to be provided with modern fenders, and sufficient heat and other conveniences for the passengers and employees, and to have warning or signal bells rung at all street crossings, and generally to regulate and control the same for the comfort, safety, and security of pedestrians and the traveling public. And the city council of the city of Reno is hereby vested with full power and authority to exercise the right of eminent domain in all cases where the same is deemed necessary to condemn a right of way for street or other public purposes over and across any railroad right of way.

      Seventeenth-To examine all books, papers, reports, and statements of the several officers or other persons having custody, care, or disbursement of any moneys belonging to the city, and to examine and liquidate all accounts and claims against the city and to allow or reject the same or any part thereof.

      Eighteenth-To provide for the issuance of all licenses in this charter authorized and to fix the amount thereof and the times for, manner of and terms upon which the same shall be issued.

      Nineteenth-To make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property and to determine the fee or salary of such officer or person, except as herein otherwise provided, to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same.

      Twentieth-To control, enlarge, or abolish cemeteries and to sell or lease lots therein; or control and regulate the interments therein and to prohibit them within the city limits, and to prescribe the distance from said limits, where the same may be located; and to provide for the issuance of burial or transit permits, and make a charge therefor.

      Twenty-first-To establish, lay out and change fire limits and regulate or prevent the erection or repair of wooden buildings therein; to regulate and prescribe the material to be used in the construction or repair of buildings or sheds in such limits and to prevent the erection or construction of any buildings or sheds of other material; to regulate, prescribe the material of, and prohibit awnings, porches, signs, placards or billboards over sidewalks, or across streets, and to regulate the same throughout the city.

      Twenty-second-To provide by ordinance, for supplemental registration of all persons possessing the requisite qualifications of voters in said city and whose names do not appear on the official register of voters in said city for the next preceding general election; such supplemental registration may be had every four years, before the police judge, and conform as nearly as possible with the requirement of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be had or taken later than thirty days preceding any regular city election, and the registration books shall be closed at least ten days before the day of election.

Powers and duties of city council of Reno


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κ1917 Statutes of Nevada, Page 116 (CHAPTER 76)κ

 

Powers and duties of city council of Reno

appear on the official register of voters in said city for the next preceding general election; such supplemental registration may be had every four years, before the police judge, and conform as nearly as possible with the requirement of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be had or taken later than thirty days preceding any regular city election, and the registration books shall be closed at least ten days before the day of election.

      Twenty-third-To provide and maintain a city prison and provide for the guarding, safe-keeping, care, feeding, and clothing of the city prisoners.

      Twenty-fourth-To prevent or regulate the running at large in the city of any poultry, hogs, sheep, goats, swine, horses, cows, or animals; to establish and maintain a pound and to authorize the impounding, sale, or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.

      Twenty-fifth-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric light and other poles, and the suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.

      Twenty-sixth-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to require the owners, lessees or other persons in control or possession of public buildings or buildings used for public purposes, including hotels, dancing halls, theaters, and theater buildings, to place in or upon the same fire escapes and appliances for protection against the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stovepipes, ovens and boilers, and to prevent the depositing of sewer filth, offal, manure, or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the abating, removal, or cleansing, at the expense of the person in possession or responsible therefor, of all nauseous matter; filth, accumulated rubbish, debris, nauseous, stinking or foul privy vaults; and if after the city council has given written notice to the owner or agent of any lot or premises to clean the same of any accumulated rubbish, garbage, or filth, the said owner or agent refuses or fails for a period of two days from and after receipt of said notice so to do, the city council may remove the said rubbish, garbage or filth and collect the cost of said removal by suit against the said owner and lot or premises, and the cost of said removal shall be a lien against the said lot or premises until paid, and in the said action for recovery of the cost of said removal it shall not be necessary to join as defendant any party other than the name of the actual record owner and the said lot or premises.


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κ1917 Statutes of Nevada, Page 117 (CHAPTER 76)κ

 

and in the said action for recovery of the cost of said removal it shall not be necessary to join as defendant any party other than the name of the actual record owner and the said lot or premises.

      Twenty-seventh-To regulate the entrance to and exit from theaters, lecture rooms, public halls, and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, or benches in or crowding or otherwise impeding or obstructing the passageways, aisles, entrances or exits of such places.

      Twenty-eighth-To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electric, telegraph, and mechanical appliances in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently, with the free use of the streets, sidewalks or alleys.

      Twenty-ninth-To require every railroad and street railway company to keep the streets in repair between the tracks and along and within the distance of two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.

      Thirtieth-To require upon such notice as the city council may direct, any noxious or offensive smell, filth, or debris to be abated, removed, or otherwise destroyed, at the expense of the person or persons causing, committing, or responsible therefor, and the city council in like manner may require or cause any lots or portions of lots covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered, and may assess the cost or any portion thereof, of filling, upon such real estate and make the same a lien thereon, in which case said lien shall be preserved, enforced, and foreclosed as in other cases herein provided for.

      Thirty-first-To provide for and regulate the manner of weighing of all food products and food stuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and of all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers, of proper weights and measures duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures.

      Thirty-second-To restrain and punish vagrants, drunkards, drunkenness, disorderly persons, common prostitutes, mendicants, street walkers, street solicitors for alms or otherwise, street beggars, house beggars, and lewd persons; to suppress and abolish houses of assignation,

Powers and duties of city council of Reno


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κ1917 Statutes of Nevada, Page 118 (CHAPTER 76)κ

 

Powers and duties of city council of Reno

suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish obscene language, or conduct, indecent exposure of person, loud and threatening or lewd language, or profane language in the presence and hearing of women or children, and all obnoxious, offensive, immoral, indecent, and disorderly conduct and practices in the city; to prevent and punish the discharging of firearms in the city, the lighting of fires in yards, streets, or alleys, or other unsafe places anywhere within the city; to prevent and punish the carrying of weapons, concealed or otherwise; to prevent and punish fast driving, fast horse-back riding, or the riding or breaking to drive of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight, and to prescribe the length of time any horse or animal may be allowed to remain tied, held, or otherwise kept on the streets or alleys of the city.

      Thirty-third-To prevent and punish all persons from showing, selling, or exhibiting for sale or in any manner publishing any obscene or indecent drawings, engravings, paintings, books, or pamphlets, and all obscene or indecent exhibitions and shows of every kind.

      Thirty-fourth-To regulate the use, sale, and methods and means of distribution of water, gas, electric, and other lights in the city; to fix and determine the price as well as the rentals of all water, gas, and electric light meters within the city; and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city; provided, that nothing herein contained shall be held to supercede any state law upon this subject, so long as any such state law may be in effect.

      Thirty-fifth-To provide for the lighting of the streets and public buildings and places of the city and to regulate such lighting.

      Thirty-sixth-To regulate lodging, tenement, and apartment houses having four or more lodgers; to prevent the overcrowding of the same, and to require the same to be kept in a sanitary condition.

      Thirty-seventh-To adopt and enforce by ordinance, all such measures and establish all such regulations in case no express provision is in this charter made, as the city council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances on any other subject of municipal control or to carry into force or effect any other powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose and intent thereof.


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κ1917 Statutes of Nevada, Page 119 (CHAPTER 76)κ

 

public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances on any other subject of municipal control or to carry into force or effect any other powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose and intent thereof.

      Thirty-eighth-To provide for the cleaning of the river, reservoirs, and streams of the city, and the ditches connected therewith, of all driftwood and noxious matter; to prohibit, prevent, and punish the depositing therein of any filth or other matter tending to make the waters thereof impure, unwholesome, or offensive.

      Thirty-ninth-To require of all ditch or canal companies, persons, or individuals owning, operating, or controlling any ditch or canal running over or across any of the streets or alleys of the city to cause such ditch or canal to be completely bridged from side to side of such streets or alleys.

      Fortieth-To compel the owner of any grocery, tallow-candler shop, soap or candle factory, butcher shop or stall, slaughter house, stable, barn, corral, sewer, privy, or other offensive, nauseous, or unwholesome place or house, to cleanse, remove, or abate the same, whenever the city council shall deem it necessary for the health, comfort, or convenience of the inhabitants of the city; the expense thereof to be paid by the person causing, maintaining, or committing the same.

      Forty-first-To select, appoint, and employ an engineer, surveyor, architect, or other skilled mechanic or person from time to time, whenever in the judgment of the city council it shall be necessary or expedient for the purpose of supervising and directing any public work; the salary or compensation, duties, and responsibilities of such person to be fixed, determined, and fully defined by ordinance.

      Forty-second-To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or the provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment.

      Forty-third-To require of and prescribe the amount of official bonds from its members and all officers of the city, whether elective or appointive.

      Forty-fourth-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary, in the judgment of the city council to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise, against any property owner refusing or neglecting to pay as assessed by the city council, his ratable proportion of the cost of paving, grading or otherwise improving any street, or building any sidewalk or other improvement, which benefits the property or owner thereof.

Powers and duties of city council of Reno


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κ1917 Statutes of Nevada, Page 120 (CHAPTER 76)κ

 

Powers and duties of city council of Reno

paving, grading or otherwise improving any street, or building any sidewalk or other improvement, which benefits the property or owner thereof.

      Forty-fifth-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues, assessments, or demands of every nature or kind, belonging or inuring to the city, but no sales of property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no real property shall be sold or in any manner disposed of.

      Forty-sixth-To prohibit the injury to or interference with the ornamental trees and shrubbery in the streets and public places of the city, and to prescribe the punishment for such injury and interference.

      Forty-seventh-Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law and all rights of eminent domain may be exercised by the city in relation thereto.

      Forty-eighth-To change or enlarge the boundaries of any ward, by ordinance, so as to annex or include therein additional lands, with the tenements, property and inhabitants thereof; provided, the city council shall be first petitioned so to do by a majority of the persons of the district proposed to be so annexed; and provided further, that no change in the boundaries of any ward, except for the purpose of enlarging the same, shall be made within sixty days next preceding any general city election, and in no event oftener than once every two years.

      Forty-ninth-To suppress or regulate and collect a license tax on circus or other public parades through the streets of the city.

      Fiftieth-In its discretion, to provide and set aside yearly a reasonable fund, which once so provided and set aside shall not be increased, but may be diminished, during the year, for purposes of publicity.

      Fifty-first-To employ or appoint, on its own motion, such person or persons as it may deem expedient or necessary in any department of the city, who shall thereupon be subject to the supervision and regulation of the departmental head thereof.

 

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κ1917 Statutes of Nevada, Page 121κ

CHAPTER 77

Chap. 77–An Act to amend an act entitled “An act defining the rights of husband and wife,” approved March 10, 1873.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act is hereby amended to read as follows:

      Section 6.  The husband shall have the entire management and control of the community property, with the like absolute power of disposition thereof, except as hereinafter provided, as of his own separate estate; provided, that no deed of conveyance or mortgage of a homestead as now defined by law, regardless of whether a declaration thereof has been filed or not, shall be valid for any purpose whatever unless both the husband and wife execute and acknowledge the same as now provided by law for the conveyance of real estate; provided further, that the wife shall have the entire management and control of the earnings and accumulations of herself and her minor children living with her, with the like absolute power of disposition thereof, when said earnings and accumulations are used for the care and maintenance of the family.

 

 

 

 

 

 

 

 

 

 

Husband has control of community property, except homestead

 

 

 

Wife has control of her own and minor children’s earnings

 

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CHAPTER 78

Chap. 78–An Act to amend an act entitled “An act to provide for the publication of the decisions of the supreme court of the State of Nevada, and such other official advertising as is required by the state,” approved March 29, 1907.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  The state board of examiners of the State of Nevada shall, within ten days after the approval of this act, select two daily newspapers, published at the capital, in one of which all advertising required by the state shall be published; provided, that the expense of such publication shall not exceed the sum of one hundred and twenty-five dollars ($125) per month and the other newspaper selected by the board shall publish all of the decisions of the supreme court, within ten days after such decision shall have been furnished the publisher by the clerk of the court, each decision to be published in its entirety in a single issue of paper, and within two days thereafter the publisher shall furnish the clerk of the court with four hundred copies of the paper for distribution to the legal fraternity of the state; provided, that the cost of such publication and the furnishing of the extra copies of the paper shall not exceed the sum of one hundred and fifty dollars ($150) per month, said sums to be paid monthly out of the general fund.

 

 

 

 

 

 

 

 

 

 

 

Two newspapers at Carson City to do official advertising; cost of same fixed

 

Supreme court decisions printed in one issue; cost of same, and exceptions


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κ1917 Statutes of Nevada, Page 122 (CHAPTER 78)κ

 

 

 

 

Clerk shall take receipt

 

 

 

 

 

Clerk to give certificate

paid monthly out of the general fund. At the time of delivering the copy of any decision to any publisher pursuant to the provisions of this act, which shall be immediately after said decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall set forth the date of such delivery, the title and number of the case, and the name of the publication in which said decision is to be printed. All opinions thus delivered shall be published within ten days from the date of the delivery thereof, as evidenced by the receipt herein provided for. The state controller, before delivering any warrant for the payment of any money in compensation for the publication of decisions of the supreme court, shall require a certificate to be filed in the office of said controller by the clerk of the supreme court, setting forth under oath that the decisions of the supreme court, designating each of the same by the number of the case, have been published as required by this act, and that each of said decisions has been published within the time as herein specified; provided, however, that for good cause shown, upon the affidavit of the publisher to whom the publication of supreme court decisions has been by the board of examiners awarded, the chief justice of the supreme court may extend the time within which such decision or any decision or decisions may be published; and where such extension of time is granted, notice of such order shall appear in the certificate of the clerk of the supreme court herein provided to be filed with the state controller; provided, further, that if during any month no decisions or opinions are filed by the supreme court the certificate from the clerk of the court shall state such fact, and such certificate shall be sufficient to authorize the state controller to issue the warrant for that month.

 

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CHAPTER 79

 

 

 

 

 

 

 

 

 

 

 

Traveling expenses of district judges

Chap. 79–An Act to amend an act entitled “An act to redistrict the State of Nevada,prescribe the number and salaries of district judges, and fix the places of holding courts,” approved March 4, 1885.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of the above-entitled act is hereby amended to read as follows:

      Section 7.  In addition to the salary provided by law, each district judge shall be entitled to receive his necessary expenses in going to and returning from the place of holding court, his traveling expenses when traveling by private conveyance, to be estimated at the usual amounts charged by public conveyance, and also his necessary expenses at the place of holding court when holding court in any county other than that of his residence, said expenses to be allowed and paid as other claims against the state, but in no case shall such expenses exceed the amount of one thousand ($1,000) dollars per annum for each judge.


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κ1917 Statutes of Nevada, Page 123 (CHAPTER 79)κ

 

other than that of his residence, said expenses to be allowed and paid as other claims against the state, but in no case shall such expenses exceed the amount of one thousand ($1,000) dollars per annum for each judge.

      Sec. 2.  This act shall take effect January 1, 1919.

 

 

 

In effect Jan. 1, 1919

 

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CHAPTER 80

Chap. 80–An Act to regulate the practice of chiropody, and provide for the requirements for a certificate to practice same.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of this act chiropody is defined to be the surgical treatment of abnormal nails and superficial excrescences occurring on the feet, such as corns, callosities, and the treatment of bunions; but a certificate hereunder shall not confer the right to operate upon the feet for congenital or acquired deformities, or for the conditions requiring the use of anesthetics other than local, or incisions involving structures below the level of the true skin.

      Sec. 2.  All applicants for a certificate to practice chiropody, after filing an application with the board of medical examiners must pass a written examination in the following subjects: Elements of anatomy, histology, physiology, chemistry, hygiene, pathology, bacteriology, dermatology, syphilis, orthopedics, surgery, chiropody, and therapeutics, sufficient to satisfy said board of their qualifications to practice chiropody.

      Sec. 3.  A fee of fifteen dollars ($15) shall be charged for filing the application, which must be filed with the clerk or secretary of the board of medical examiners at least two weeks previous to the date of examination.

      Sec. 4.  Applications must be on file, duly completed and accompanied by above-mentioned fee, at least two weeks preceding the meeting of the board, and no application that is not complete in every detail will be acted upon by the board.

      Sec. 5.  A majority of the board of medical examiners shall constitute a quorum to transact all business, and all certificates issued by said board shall bear its seal and the signatures of the president and secretary, and shall authorize the person to whom it is issued for that purpose to practice chiropody in any and all counties in this state upon complying with the requirements of this act.

      Sec. 6.  This act shall not apply to persons who have been practicing chiropody in this state continuously for a period of six months prior to the passage of this act, providing it can be satisfactorily shown to the board that such practice is in compliance with the law.

      Sec. 7.  Any person who shall practice chiropody, as herein defined,

 

 

 

 

 

 

 

 

Definition of “chiropody”

 

 

 

 

Chiropodists to pass examination

 

 

 

 

Fee

 

 

Applications

 

 

Medical examiners issue certificates

 

 

 

Exception


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κ1917 Statutes of Nevada, Page 124 (CHAPTER 80)κ

 

Penalty for non-compliance

herein defined, without having complied with the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not less than twenty-five dollars, nor more than one hundred dollars for each and every offense.

 

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CHAPTER 81

 

 

 

 

 

 

 

 

 

Live stock not to be herded at springs or within one mile of home of other person than owner

 

 

Violator liable for damages

Chap. 81–An Act entitled an act to regulate the herding, grazing and driving of live stock.

 

[Approved March 14, 1917]

 

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 owning, or having charge of any live stock, to drive or herd or permit the same to be herded or driven, on the lands or possessory claims of other persons, or at any spring or springs, well or wells, belonging to another, to the damage thereof, or to herd the same or to permit them to be herded within one mile of a bona fide home or a bona fide ranch house; provided, that nothing in this act shall prevent the owners from herding or grazing their live stock on their own lands; and further provided, that nothing in this act shall be construed as to prevent live stock being driven along any public highway.

      Sec. 2.  The owner or agent of such owner of live stock violating the provisions of section 1 of this act, on complaint of the party injured, in any court of competent jurisdiction, shall be liable to the person injured for actual and exemplary damages.

 

 

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CHAPTER 82

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending railroad commission act

Chap. 82–An Act to amend an act entitled “An act to regulate railroads, telegraph and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor and the attorney-general a railroad board for the appointment and the removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service and fixing maximum freight charges,” approved March 5, 1907, and amended March 20, 1909, and amended March 27, 1911.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section eight of an act entitled “An act to regulate railroads, telegraph and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor and the attorney-general a railroad board for the appointment and removal of the railroad commissioners, prevent the imposition of unreasonable rates,


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κ1917 Statutes of Nevada, Page 125 (CHAPTER 82)κ

 

imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges,” approved March 5, 1907, and as amended March 20, 1909, and as amended March 27, 1911, is hereby amended so as to read as follows:

      Section 8.  Nothing herein shall prevent the carriage, storage, or handling of freight free or at reduced rates for the United States, the state or any political subdivision thereof, or any municipality thereof, or for charitable purposes, or to and from fairs and expositions for exhibition thereat, or household goods and supplies the property of employees, or the issuance of mileage, commutation, or excursion passengers’ tickets; provided, that the same shall be obtainable by any persons applying therefor, without discrimination, or of party tickets; provided, that the same shall be obtainable by any person applying therefor under like circumstances and conditions. This act shall not be construed as preventing railroads from giving free transportation or reduced rates therefor to any minister of the gospel, any regularly employed secretary of a Young Men’s Christian Association, or secretary of Young Women’s Christian Association, constable in any county of the state, officer or agent of incorporated colleges, college professors, school teachers, students attending institutions of learning, regular agents of charitable societies when traveling upon the business of the society only, destitute or homeless persons, railroad officers, attorneys, directors, employees or members of their families, superannuated or pensioned or disabled ex-employees, widows and minor children of deceased employees, probation officers, representatives of any commercial club, chamber of commerce or like organization, having a membership of 100 or more when such representatives are traveling upon the business of such organization only, or bona fide ex-railroad employees of any steam or electric railroad in search of employment, or to prevent the exchange of passes with officers, attorneys or employees of other railroads and members of their families.

      (a) Upon any shipment of live stock or other property of such nature as to require the care of an attendant, the railroad may furnish to the shipper, or some person or persons designated by him, free transportation for such attendant, including return passage to the point at which the shipment originated; provided, that there shall be no discrimination in reference thereto between such shippers, and the commission shall have power to prescribe regulations in relation thereto.

 

 

 

 

Exception as to passes, free freight, or reduced rates for certain persons

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Passes for attendant of live stock

 

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κ1917 Statutes of Nevada, Page 126κ

CHAPTER 83

 

 

 

 

 

 

 

 

 

 

 

Salaries of district judges

 

 

 

 

 

 

 

 

Each county must promptly contribute

 

 

 

 

 

 

 

 

 

 

 

 

In effect 1919

Chap. 83–An Act to amend an act entitled “An 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.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act is hereby amended so as to read as follows:

      Section 3.  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 judges of Second judicial district, who shall each receive a salary of four thousand five hundred dollars per annum and 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 five thousand dollars per annum, and the judge of the Seventh judicial district, whose salary shall be four thousand five hundred 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 the 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 county’s 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 judge shall be paid in advance.

      Sec. 2.  This act shall take effect on the first Monday in January, 1919.

 

________

 

 


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κ1917 Statutes of Nevada, Page 127κ

CHAPTER 84

Chap. 84–An Act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

CHAPTER I

 

Organization-Boundaries-Annexation of Adjacent Territory-Wards-Powers.

 

      Section 1.  Creation of Municipality.  All persons, inhabitants of that portion of Elko County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of “The City of Elko,” and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The territory embraced in said city is that certain land situate in the county of Elko, State of Nevada, described as follows:

      Commencing at the northwest corner of the southeast quarter of section nine, township thirty-four north, range fifty-five east, M. D. M., running thence east and parallel with the boundary lines between townships thirty-four and thirty-five north, range fifty-five east, two and one-half miles, to the northeast corner of the southeast quarter of section eleven, thence at right angles south two miles to the southeast corner of the northeast quarter of section twenty-three, thence at right angles west two and one-half miles to the southwest corner of the northeast quarter of section twenty-one, thence at right angles north two miles to the place of beginning, being the southeast quarter of section nine, south half of section ten, south half of section eleven, all of section fourteen, all of section fifteen, east half of section sixteen, northeast quarter of section twenty-one, north half of section twenty-two, and the north half of section twenty-three, all in township thirty-four north, range fifty-five east, M. D. B. & M.; and which shall include all the inhabitants, lands, tenements and real and personal property within the said boundaries and within the said divisions and subdivisions of land hereinabove described, and also, such other and additional lands and tenements as may, at any time hereafter, be embraced or included within established limits of said city as hereinafter provided. Such city shall have such powers, rights, authority, duties, privileges and obligations as are hereinafter set out and prescribed.

      Sec. 2.  The Annexation of Adjacent Territory-Manner of Procedure Of.  Territory adjoining and contiguous to the corporate limits of the city of Elko may be annexed to said city upon application therefor in writing describing said territory by metes and bounds, signed by a majority of persons residing within such territory, who are qualified to vote for the members of the legislature of the State of Nevada and who are taxpayers in the county of Elko, such petitioners to possess both of said qualifications.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“The City of Elko” created

 

 

 

 

 

Description of territory included in municipality, by legal metes and bounds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annexation of adjacent territory


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κ1917 Statutes of Nevada, Page 128 (CHAPTER 84)κ

 

 

 

 

 

 

Notice published

 

 

 

Wards

 

 

Powers of city

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Governing board

said territory by metes and bounds, signed by a majority of persons residing within such territory, who are qualified to vote for the members of the legislature of the State of Nevada and who are taxpayers in the county of Elko, such petitioners to possess both of said qualifications. Upon the filing of such petition the board of supervisors shall cause to be given notice thereof by publication in a newspaper printed and published in said city at least once, and at least ten days prior to the meeting of said board, at which said petition may be acted upon. At such meeting the said board shall either accept or reject the said petition and declare or refuse to declare annexed to said city the property described in said petition.

      Sec. 3.  Wards.  The city of Elko shall consist of four wards for the purpose of convenience of holding elections, but all elective officers shall be elected by the voters of said city at large.

      Sec. 4.  Additional Powers.  The said city shall have and be vested with all the rights, powers, property, and things of every kind now belonging to the town of Elko, and shall assume and pay all bonds, obligations, and indebtedness of said town of Elko now outstanding or which may exist at the time of the adoption of this charter, and may have and use a common seal and the same alter at pleasure, and may purchase, receive, hold, and enjoy real and personal property within or without the city, and sell, convey, and dispose of the same for the common benefit; and may determine and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts, and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every, and all acts and things whatsoever, necessary to carry out the purposes of such bequests, devises, gifts, and donations, with full power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation, or trust.

 

CHAPTER II

 

Officers-Elections-Claims and Accounts-Ordinances-Recall-Impeachment-Arrests.

 

      Section 1. Board of Supervisors-First Election Of.  The governing body of the city of Elko shall consist of a board of supervisors, composed of a mayor and four supervisors, whose first election shall be held in the manner and at the time as follows:

      First-It shall be the duty of the board of county commissioners of Elko County, on or before the 5th day of April, 1917, to issue a proclamation for an election to be held within the limits of the city of Elko, said election to be held on a day to be fixed by said board of county commissioners, which shall not be less than twenty nor more than thirty days from the date of said proclamation.


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κ1917 Statutes of Nevada, Page 129 (CHAPTER 84)κ

 

1917, to issue a proclamation for an election to be held within the limits of the city of Elko, said election to be held on a day to be fixed by said board of county commissioners, which shall not be less than twenty nor more than thirty days from the date of said proclamation. All of the qualified electors of the present town of Elko as described in section 1 of this act, as shown by the registered list at the last general election, shall have the right to vote at such election. Said proclamation shall state:

      (a) That the qualified voters of the town of Elko shall vote on the question whether they shall accept the charter and be incorporated as a city, pursuant to the provisions as herein set forth;

      (b) For the election of a mayor and four supervisors for the city of Elko, to be voted for and elected by the qualified electors of the town of Elko.

      Second-The board of county commissioners shall cause the said proclamation to be published in some newspaper in the town of Elko for a period of at least ten days prior to the date of said election, and printed notices of such proclamation shall be posted in three public places in said town. Said proclamation shall fully set forth the purposes of said election, and any and all other or further matters necessary or required fully and fairly to apprise the qualified electors of said precinct of the date, time and place of holding such election, the purpose thereof, the conditions under which the same is held, the name of the inspectors of such election, and such other matters as may be deemed proper in the premises, including a notice of such places, which shall not be less than three, in said city of Elko, at which a full and complete copy of said proposed charter shall be on display during said period, one of which shall be the office of the county clerk of said county.

      Third-All provisions of the law relating to general elections so far as the same can be made applicable, and not inconsistent with the provisions of this act, shall apply to and be observed in the proclamation calling for and the conduct of such election hereinbefore provided for, as well as applied to and observed in the appointment of inspectors making and canvassing the returns of said election.

      Fourth-No candidate for office at such election shall be entitled to have his name placed upon the official ballot unless such candidate shall, at least ten days before the date of such election, file in the office of the county clerk of Elko County, a petition signed by at least ten per cent of the qualified electors of the town of Elko as shown by the registration list thereof at the last general election; such petition shall show that the nominee therein possesses the qualifications as required by this act for the office for which he is nominated. Each person desiring to become a candidate, and who shall have filed his petition as herein set forth, shall be entitled to have his name placed upon the official ballot as in this act provided.

First election called

 

 

 

 

 

Referendum vote on charter

 

Mayor

 

Proclamation to be published in newspaper

 

 

 

 

 

 

 

 

 

 

General election laws govern

 

 

 

Candidates must file petition


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κ1917 Statutes of Nevada, Page 130 (CHAPTER 84)κ

 

 

 

County clerk to provide ballots

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Elective officers named

 

Officers elected in May of each year

to have his name placed upon the official ballot as in this act provided.

      Fifth-The board of county commissioners shall authorize and direct the county clerk of said county to cause to be printed a sufficient number of ballots for said election upon which shall appear the names of the candidates for the offices above specified; also the words “For the Adoption of the Charter,” “Against the Adoption of the Charter.” The county commissioners shall, at least ten days before the election, also appoint for each ward of what has been heretofore known as Elko precinct, two inspectors and two clerks to conduct said election, and they shall conduct said election in accordance with the laws of the state governing elections. The officers of such election shall make returns to the board of county commissioners, who shall, within five days thereafter, meet and canvass said vote, and shall immediately cause to be entered upon their minutes the result of such canvass. They shall first canvass the votes for and against the adoption of the charter. If from such canvass they find that a majority of the electors have voted against the adoption of this charter, then they shall declare this charter rejected, and the offices to be filled at said election dissolved. If at said election and canvass they find that a majority of said votes have been cast in favor of the adoption of this charter, then they shall proceed to canvass the votes cast for the various officers under this charter and proclaim as follows: Said board of county commissioners shall forthwith cause a certificate of election to issue to the person receiving the highest number of votes for mayor. The four candidates receiving the highest number of votes for supervisor shall be declared elected to the office of supervisor for the city of Elko by the board of county commissioners of Elko County, who shall thereupon cause a certificate of election to be issued to each of such persons. The said board of county commissioners shall cause all the expenses of printing and publishing the said proclamation and of holding such election, and such other costs and expenses as may have been necessarily incurred prior to said election in the matter of the incorporation of said city to be paid out of the town fund of Elko.

      Sec. 2.  Officers-Elective.  The elective officers of the city of Elko shall consist of a mayor and four supervisors, as above provided.

      Sec. 3.  Officers, Election of-Election, When and How Held-Supervisors.  After said election as above provided for and on the first Tuesday after the first Monday in May, 1919, and at each successive interval of two years thereafter, there shall be elected at large by the qualified voters of the city of Elko at a general election to be held for that purpose a mayor and four supervisors. Said officers shall hold office for a period of two years and until their successors shall have been elected and qualified.


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κ1917 Statutes of Nevada, Page 131 (CHAPTER 84)κ

 

for a period of two years and until their successors shall have been elected and qualified. The board of supervisors of said city shall order the general election and shall determine the places in said city for holding the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general election laws of the state to provide for some feature of said city election then the board of supervisors of said city of Elko shall have the power to provide for such deficiency.

      Sec. 4.  Officers, Election of-Canvass of Returns, When and by Whom-Tie Vote Procedure.  On the Tuesday following said election, or as soon thereafter as practicable, the board of supervisors of the city of Elko then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes. And in the event it should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote the board of supervisors of the city of Elko shall forthwith summon the candidates who have received such tie votes to appear before such board, and such board in the presence of such candidates shall determine the tie by lot. The board of supervisors of said city of Elko shall thereupon cause to be issued to each of the successful candidates for said elective offices, a certificate of election, and such certificate or a certified copy thereof shall be received in evidence in any court in this state as prima facie evidence of the election of such officer.

      Sec. 5.  Officers, Appointive and Ex Officio-Enumeration of-Compensation.  The county treasurer and ex officio tax receiver of the county of Elko shall be ex officio treasurer and tax receiver of the city of Elko; the county assessor of the county of Elko shall be ex officio assessor of the city of Elko; the county recorder and ex officio auditor of the county of Elko shall be ex officio city auditor of the city of Elko; the city clerk of the city of Elko shall be ex officio license collector of the city of Elko. 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, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of supervisors, upon the request of the city assessor, may 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 supervisors shall fix and pay the deputy such compensation as they deem fit. The county treasurer and county assessor and the county auditor of the county of Elko shall be liable on their official bonds for the faithful discharge of the duties imposed on them by this act.

Term, 2 years

 

 

 

 

 

 

 

 

 

Canvass of election

 

 

 

Tie vote, how decided

 

 

 

 

 

 

 

 

Certain county officers to be ex officio city officers


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κ1917 Statutes of Nevada, Page 132 (CHAPTER 84)κ

 

Salaries

 

 

 

 

 

 

 

 

 

 

 

 

Qualifications of mayor and supervisors

 

 

 

 

 

 

Officers must take official oath

 

 

 

 

 

 

 

 

 

Bonds of officers approved by district judge

on their official bonds for the faithful discharge of the duties imposed on them by this act. The board of supervisors shall appoint a city clerk with a salary to be fixed by said board. Said board may also in its discretion appoint a city attorney at a salary to be fixed by said board or may in its discretion employ and compensate an attorney from time to time for such legal advice or services as they may deem necessary. Said board shall also appoint a city marshal at a monthly salary to be fixed by said board; also a judge of a municipal court at a salary to be fixed by said board. The board of supervisors may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof. The duties and compensation of the appointive officers shall be fixed, allowed, and paid by the board of supervisors out of such city funds as the board may designate. Any one or more of such appointive offices, may, in the discretion of the board of supervisors be combined and the duties thereof discharged by one person.

      Sec. 6.  Officers, Elective-Qualifications Of.  The mayor and each of the said four supervisors shall not be less than 25 years of age, citizens of the United States, and for at least two years immediately preceding their election residents of the city of Elko, qualified voters who are property owners and taxpayers in said city. All of the officers made elective by the popular vote shall within thirty days after the result of the election is ascertained, qualify as required by this charter and the constitution and laws of the State of Nevada, and failing to do so within the said time, such office shall be and become vacant.

      Sec. 7.  Official Oath, Qualification.  Every person elected by the voters of said city or by the board of supervisors to fill any office under this act, shall, before entering on the duties of his office take and subscribe to the official oath provided by the constitution of this state; and in addition thereto that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government of the city of Elko. All official bonds herein provided for shall be filed with the city clerk of said city, with the exception of the bond of said clerk, which shall be filed and recorded in the office of the county recorder of the county of Elko. All elective officers herein provided for shall enter upon their duties upon receiving their certificate of election and upon filing their oath of office and bond duly approved by the district judge as in this act provided.

      Sec. 8. Officers, Bonds of-Approved by District Judge.  All officers elected by popular vote before entering upon the duties of their respective offices shall give bond in the sum of $5,000, and all appointive officers whose bonds are not herein otherwise provided for shall give bond in such sum as may be fixed by the board of supervisors of said city, payable to the city of Elko, Elko County, Nevada, conditioned for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties to be approved by the district judge.


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κ1917 Statutes of Nevada, Page 133 (CHAPTER 84)κ

 

fixed by the board of supervisors of said city, payable to the city of Elko, Elko County, Nevada, conditioned for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties to be approved by the district judge. The sureties may become severally liable in amounts not less than $500 each, and each surety shall justify by subscribing to an affidavit annexed to said bond, to the effect that he is worth the sum for which he becomes liable, in property not exempt from execution, over his just debts and liabilities.

      Sec. 9.  Mayor and Supervisors, Salary Of.  The mayor of said city shall receive as remuneration for his services, the sum of twelve dollars ($12) per annum, payable in equal monthly installments; and each of the supervisors shall receive the sum of twelve dollars ($12) per annum, payable in the same manner.

      Sec. 10.  Supervisors Not to Hold Other Office-Officer Not to Contract with City or Make Bonds to City-Forfeiture of Office.  No member of the board of supervisors shall hold any other public office or employment under the county of Elko, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the city of Elko, nor be elected nor appointed to any office created by or the compensation of which was increased or fixed by the board of supervisors while he was a member thereof. Nor shall any member of the board of supervisors of the city of Elko be pecuniarily interested directly or indirectly in any contract let by the city, nor in any matter wherein the rights or liberties of the city of Elko are, or may be, involved; nor shall any member of the board of supervisors of the city of Elko be interested directly or indirectly in any public work or contract let, supervised or controlled, or which shall be paid for wholly or in part by the city, nor shall any such supervisor become the surety of any person on any bond or other obligation of the city of Elko. Any member of the board of supervisors of the city becoming interested directly or indirectly as aforesaid, or by commission, or retainer, or fee, or by gift, or loan given or received at the time of the transaction or before or after the same, in any contract, franchise, work, purchase, or sale, by or with any of the agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in said city, and shall be expelled therefrom by the board of supervisors, or, if they shall fail to remove said member of the board of supervisors, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of any five citizens taken in the district court of Elko County in such proceedings as are appropriate and proper.

      Sec. 11.  Officers, Elective-Removal of-Investigation.  The board of supervisors shall have the power to remove any elective officer for incompetency, corruption, malconduct, malfeasance or nonfeasance in office, or such other causes as may be prescribed by ordinance after notice in writing and opportunity to be heard in his defense, under the rules and regulations herein set forth.

 

 

 

 

 

 

 

Salaries

 

 

 

Officers not to hold other office

 

 

 

 

 

 

 

 

 

 

 

Not to be party to contracts with city


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κ1917 Statutes of Nevada, Page 134 (CHAPTER 84)κ

 

Removal of officers

 

 

 

 

 

 

 

 

 

 

 

Accused to be heard in his own defense

 

 

 

 

 

 

 

 

Recall of city officers

 

Procedure

elective officer for incompetency, corruption, malconduct, malfeasance or nonfeasance in office, or such other causes as may be prescribed by ordinance after notice in writing and opportunity to be heard in his defense, under the rules and regulations herein set forth. That whenever charges are preferred in writing under oath, against any such officer for any or all of the offenses named or provided for above, it shall be the duty of said board to have the accused duly served with a copy of such charges, and shall set a day to inquire into the truth of such charges, and shall notify the accused and other members of the said board, and the witnesses for and against the accused to be present and the said board of supervisors shall constitute a court to try and determine the case, and they are hereby vested with the exclusive jurisdiction to hear and determine said charges, and may continue the investigation from day to day upon proper showing to enable the accused or prosecutor to get material evidence before said board. The accused shall have the right to be heard in person or by counsel or both and said board shall likewise be represented by counsel, if they desire it. Upon the conclusion of the investigation and argument of the case, a vote shall be taken on each charge and specification, and if a majority of all the members of said board vote to sustain any such charge against the accused, said board shall enter or cause to be entered its judgment, in which shall be recorded the vote of each member of the board, upon the several charges and specifications, and an order shall be entered removing the accused from his office and declaring the same vacant. But if the vote is otherwise, the accused shall be declared not guilty and judgment entered accordingly, but such judgment shall not be prejudicial to the rights of recall as hereinafter provided.

      Sec. 12.  Recall of Officer-Procedure-Election of Successor.  The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least twenty per centum of the entire number of persons entitled to vote in said city at said time, demanding an election for the recall of, or for the election of a successor to the person sought to be removed, shall be filed with the city clerk; provided, that the petition sent to the city clerk shall contain a general statement, in not more than 200 words, of the grounds for which the removal is sought. The signatures of the petition need not be all appended to one paper, but each signer shall add to his signature his place of residence, giving his street and number. One of the signers of each of such papers shall make an oath before an officer competent to administer oaths that each signature is that of the person whose name purports to be thereunto subscribed.


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κ1917 Statutes of Nevada, Page 135 (CHAPTER 84)κ

 

is that of the person whose name purports to be thereunto subscribed. Within ten days from the filing of such petition, the city clerk shall examine same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters, and if necessary the supervisors shall allow him extra help for that purpose, and he shall forthwith attach to said petition a certificate showing the result of said examination. If by the clerk’s certificate the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The clerk shall within ten days after such amendment, make like examination of the amended petition, and if his certificate shall show same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found sufficient the clerk shall submit the same to the supervisors forthwith. If the petition shall be found to be sufficient, the board shall order and fix a date for holding the said election not less than thirty nor more than forty days from the date of the clerk’s certificate to the board that a sufficient petition is filed. Provided, however, that if such officer shall offer his resignation within five days after the filing of the petition aforesaid, such resignation shall be accepted, and the vacancy thereby caused shall be filled in the manner provided by law; if such officer shall not resign, he shall continue to perform the duties of his office until the result of said special election shall be finally declared. The board shall make or cause to be made publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared in all respects as are other city elections. On the ballot at said election there shall be printed verbatim, as set forth in the recall petition, the reason for demanding the recall of said officer, and, in not more than 200 words, the officer’s justification of his course in office, if furnished by him. If there be no other candidate nominated to be voted for at said special election there shall be printed on the ballot the name of the officer sought to be recalled, the office which he holds and the words “For Recall” and “Against Recall”; if there be other candidates nominated for the office to be voted for at said special election, there shall be printed upon the ballot the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at said special election, and the words “For Recall” and “Against Recall” shall be omitted; in other respects the ballot shall conform with the requirements of the general elections laws applicable to city elections. If there be other candidates nominated to be voted for at the special election, the candidate who shall receive the highest number of votes at said special election, shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another.

 

Clerk shall examine petition

 

 

 

 

 

 

 

 

 

 

 

Proviso


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κ1917 Statutes of Nevada, Page 136 (CHAPTER 84)κ

 

 

 

No petition for recall until officer has served 6 months

 

 

 

 

 

 

 

 

 

 

 

 

Vacancies, how filled

 

 

 

 

 

 

 

May administer oaths

 

 

Powers of supervisors

votes at said special election, shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another. If any officer be recalled upon such special election, and other candidates are not nominated to be voted for at such special election, the vacancy thereby created shall be filled in the manner provided by law. No petition for the recall of any public officer shall be circulated or filed against any such officer until he has actually held his office six months. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless said further petitioners shall pay into the public treasury, from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election.

      Other candidates for the office may be nominated to be voted for at said special election by petition, which said petition shall be signed by the qualified electors of said city qualified to vote for a successor of such incumbent equal in number to 20 per cent of the entire number of persons entitled to vote in said city at said time. Said nominating petition shall be filed with the officer with whom the said recall petition is filed, at least fifteen days prior to the date of said special election.

      Sec. 13.  Vacancy in Office-Resignation-Election of Successors.  Resignation by the mayor or any supervisor elected under this act, or any other charter officer created by this act, shall be made in writing to the board of supervisors for their action thereupon. In case of the removal of the domiciles of the mayor or any supervisor or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in his office. In case of any vacancy from any cause in the office of mayor or any supervisor, the same shall be filled for the unexpired term by a majority vote of the remaining members of the board.

      Sec. 14.  Oaths, Who May Administer.  Each supervisor and the city clerk shall be and are hereby authorized to administer oaths in the municipal affairs and government of the city.

      Sec. 15.  Board of Supervisors, Powers-Supervisors of Several Departments, Duties of-Designation of Mayor, Change Of.  Said board of supervisors so constituted shall have control and supervision over all of the departments of said city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management, and operation of all the departments of said city and whatever agencies may be created for the administration of its affairs. The mayor shall designate from among the supervisors, at the first meeting of the board after their election and qualification,


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κ1917 Statutes of Nevada, Page 137 (CHAPTER 84)κ

 

and qualification, at each election, or as soon thereafter as may be practicable, one supervisor who shall be known as “Police Supervisor,” who shall be the executive officer of his department and who shall have under his special charge the enforcement of all police regulations of said city, and who shall have the power to employ policemen and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over said department that he may deem necessary for the improvement of the service in said department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation, put in force by the supervisors; and one supervisor to be known as “Supervisor of Streets and Public Property,” who shall be the executive officer of his department, and who shall have under his special charge the supervision of streets, alleys, public grounds, and property of said city, and be charged with the duty of keeping the streets and alleys, public grounds, and property clean and in a sanitary condition, and with the enforcement of all rules and regulations necessary to these ends; and one supervisor to be known as the “Fire, Water, Sewerage, and Light Supervisor,” who shall be the executive officer of his departments and who shall see to the enforcement of all rules and regulations with respect to said departments, and shall see that all contracts with reference thereto are faithfully complied with, and that the conditions of the grant of any franchise privileges are faithfully complied with, and performed; and who shall have general supervision over the fire department and the power to employ firemen and to discharge them at any time when, in his discretion, such action will improve the service, and to exercise any power and control over said departments that he may deem necessary for the improvement of said departments; provided, however, that his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the board of supervisors; and one supervisor known as the “Supervisor of Finance and Revenue,” who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each supervisor in control of a department with its management, and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any supervisor to recall the appointment of such supervisor and designate another supervisor as the supervisor of such department, and to designate the supervisor so removed supervisor over another department.

 

 

Departments of city government

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Heads of departments may be transferred


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Powers and duties of mayor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Claims and accounts; warrants, how issued

 

 

 

 

 

 

 

 

 

Auditor may veto claims

supervisor to recall the appointment of such supervisor and designate another supervisor as the supervisor of such department, and to designate the supervisor so removed supervisor over another department.

      Sec. 16.  Mayor, Powers and Duties.  The mayor shall be the chief executive officer of the city of Elko and shall be ex officio president of the board of supervisors, and shall see that all the laws thereof are enforced; he shall be clothed with all the authority that is now or may hereafter be vested in a mayor by general law so far as the same may be applicable and not in conflict with this act. He shall have and exercise such power, prerogative and authority, acting independent of or in concert with the board of supervisors, as are conferred by the provisions of this act, as may be conferred upon him by the board of supervisors, and not inconsistent with the general purpose and provisions of this charter, and shall have the power to administer oaths, and shall sign all contracts and shall have the right and authority at any time to suspend any officer or employee of the city subject to the provisions of this act; provided, however, he shall not have the right to remove one of the supervisors of the city or other charter officer except by acting in concert with the other members of the board of supervisors when present and may vote on all questions the same as other supervisors. In the event of a vote in an acting board consisting of four members including the mayor, which shall result in a vote of two against two, the manner in which the vote is cast by the mayor shall determine the question.

      Sec. 17.  Claims and Accounts-Warrants, How Issued-Financial Statements, Publication Of.  The supervisor named at the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another supervisor to act in his stead during his absence, or to audit such claims or accounts as said supervisor shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of supervisors and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board. The city clerk shall certify the claim when so allowed by the board, to the city auditor, who shall, if such claim is approved by him, draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him. The auditor shall have the same power of veto that he now exercises in regard to county claims, and the board shall have the right to pass a claim over such veto by a vote of four members of such board. The holder of any claim which has been rejected in whole or in part may, within six months after such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if such action be not commenced within such period, such claim or amount so rejected, together with the right of action thereon, shall be forever barred, and the board of supervisors shall not have power to allow or pay the same in whole or in any part at any time subsequently.


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κ1917 Statutes of Nevada, Page 139 (CHAPTER 84)κ

 

for the recovery of the amount so rejected, and if such action be not commenced within such period, such claim or amount so rejected, together with the right of action thereon, shall be forever barred, and the board of supervisors shall not have power to allow or pay the same in whole or in any part at any time subsequently. The action shall be against the city, and service of summons in all actions against the city shall be upon the mayor, or, in the event of his absence, upon the vice-president of the board. In case of final recovery of judgment by the plaintiff in any action against the city, no execution shall issue therefor, but the board must allow the amount of the same with costs as taxed by the court. The supervisors shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose; said board of supervisors shall require a statement to be published or posted, as may be designated by them, in January, April, July and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived and also indicating the disposition made thereof and all outstanding bonds and other obligations.

      Sec. 18. Board of Supervisors-Meetings-Special Meetings-Quorum.  The board of supervisors created by this act shall meet at least once a month in regular meeting at such time as shall be fixed by said board, at the city hall or other designated place in said city, to consider and take under advisement and act upon such business as may come before them. Three supervisors or the mayor and two supervisors shall constitute a quorum for the transaction of all business, but no final action shall be taken in any matter concerning the special department of any absent supervisor unless such business has been made a special order of the day, or such action is taken at a regular meeting of the board; provided, that no bonds may be issued nor taxes levied except at a regular meeting attended by at least three supervisors and the mayor, or by four supervisors without the mayor. Special meetings may be called by the mayor or by any two supervisors at any time to consider only such matters as shall be mentioned in the call for said meeting. Written notice of such special meeting shall be given to each member of said board by registered mail, with the postage and registry charges prepaid, and addressed to each member of said board of Elko, Nevada, at least three days prior to the time for such special meeting. The registry receipts showing that such notices have been sent by registered mail shall be conclusive evidence that such notice has been given as herein provided, and that such special meeting was held pursuant to notice duly, regularly, and legally given. Any proceedings had at any special meeting of said board wherein all of the members thereof shall be present shall be as legal and valid as if had at a regular meeting or at a special meeting upon due notice.

Rejected claims

 

 

 

 

 

 

 

 

 

Financial statements to be published

 

 

 

 

Regular meetings once a month

 

 

 

Quorum

 

 

 

 

Special meetings


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Power to enact ordinances

 

 

Style of ordinance

 

 

 

 

Board shall determine its own rules of procedure

 

 

 

Vice-president of board

 

 

 

 

 

 

To act in absence of mayor

board wherein all of the members thereof shall be present shall be as legal and valid as if had at a regular meeting or at a special meeting upon due notice. A special meeting may be held by unanimous written consent at any time without the giving of the notice herein above provided for. Any action of a majority of the board of supervisors, although not at a regularly called meeting, and the record thereof, if assented to in writing by all of the other members of the board, shall always be as valid and effective in all respects as if passed by the board in regular meeting. All official sessions of said board, whether regular or called, shall be open to the public.

      Sec. 19.  Ordinances-Power to Enact-How Enacted-Style Of.  The board of supervisors of said city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state or with this charter touching every object, matter and subject within the local government instituted by this act, and the style of all ordinances shall be: “Be it ordained by the Board of Supervisors of the City of Elko,” but such caption may be omitted when said ordinances are published in book form or are revised and digested under order of the board.

      Sec. 20.  Board of Supervisors-Procedure-Impeachment.  The board of supervisors shall determine its own rules of procedure in so far as the same do not conflict with this act, may punish its members for disorderly conduct, shall compel the attendance of its members, and with the concurrence of a majority of the members elected, may impeach and expel any member. Any member of the board of supervisors who shall have been convicted of bribery or any other felony, or who shall violate any other provision of this act, shall forfeit his office and emoluments attached thereto.

      Sec. 21.  Vice-President-Election and Term of Office.  At the first regular meeting of the board of supervisors after their induction into office, it shall be the duty of the board to elect one of its members by a majority vote of the board who shall be known and designated as vice-president, and he shall continue to hold the title and the office until the expiration of the term of office for which he was elected by the supervisors; but he shall receive no extra pay by reason of being or acting as vice-president.

      Sec. 22.  Vice-President-Duties-Procedure in Absence of Mayor and Vice-President.  If for any reason the mayor is absent from the city, sick or unable to perform the duties of his office, the vice-president shall act as mayor, and he shall be vested with all the powers and shall perform all the duties of the mayor during such absence or sickness. In case of the absence of both the mayor and the vice-president, the remaining supervisors shall election one of their number to act instead of the mayor or vice-president.


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κ1917 Statutes of Nevada, Page 141 (CHAPTER 84)κ

 

president, the remaining supervisors shall election one of their number to act instead of the mayor or vice-president.

      Sec. 23.  Vice-President-Duties-Title-When to Serve as Mayor.  In case of the death, resignation, or permanent disability of the mayor, or whenever a vacancy in the office of mayor shall occur for any reason, the vice-president shall act as mayor and possess all the rights and the powers of the mayor and perform all of his duties under the official title, however, of vice-president and ex officio acting mayor, until the next municipal election. The board shall, by appointment, fill the vacancy thus created in the office of supervisor.

      Sec. 24.  Board of Supervisors-Investigations by-Contempt-False Swearing.  The mayor and the board of supervisors may, and it shall be their duty, at any time, to investigate each and every department of the city government and the official acts and conduct of the city officials, and for the purpose of ascertaining facts in connection with such investigation, shall have the power to compel the attendance and testimony of witnesses, to administer oaths, and to examine such persons as they may deem necessary, and compel the production of books and documents. Failure by any one to appear when served by a notice so to do shall be contempt, which may be punished by fine, and in default of the payment thereof, the person so fined may be imprisoned. Wilful, false swearing in such investigations and examination shall be perjury and punishable as such.

      Sec. 25.  Officers, Subordinate-Duties Restricted and Altered-Bonds.  The board of supervisors shall have the power, and it shall be their duty to prescribe by ordinance, the powers and duties of all officers of the city, whether elected or appointed, where the same have not been provided for in this act, and shall have authority from time to time to add thereto, alter or restrict the same, and shall require of all such officers as they may deem necessary, to execute bonds payable to the city of Elko in such amount and form as the board of supervisors may provide, with good and sufficient sureties, to be approved by the board of supervisors, conditioned for the faithful discharge of their respective duties. The board of supervisors shall have the power at any time to require any of such officers to execute a new bond or bonds when the existing bond or bonds shall, for any reason, be deemed by the board insufficient.

      Sec. 26.  Police-Duties.  For the preservation of the peace, the police and watchmen shall have all the powers given by law to constables. It shall be their duty to suppress all riots, disturbance and breaches of the peace; to arrest all persons fleeing from justice, to apprehend upon view any person found in the act of committing any offense against the laws of the state, or violating the ordinances of the city, and to take the offender before the proper magistrate or officer to be punished; to make complaints before the proper magistrate of any person known or believed by them to be guilty of crime or any violation of the ordinances of the supervisors, and to serve all processes that may be delivered to them for that purpose, and generally to perform all such duties as may be required by the supervisors for the good government of the city.

 

 

To succeed mayor, when

 

 

 

 

 

Mayor and board may investigate any department

 

 

 

 

 

 

 

 

To prescribe duties of city officers

 

 

 

 

 

 

 

 

 

Powers and duties of police


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Municipal court

 

 

Police judge, qualifications, powers and duties of

 

 

 

 

 

 

 

Court has exclusive jurisdiction of cases for violation of city ordinances-

 

 

 

 

 

 

 

 

 

And cases for collection of city taxes

the proper magistrate of any person known or believed by them to be guilty of crime or any violation of the ordinances of the supervisors, and to serve all processes that may be delivered to them for that purpose, and generally to perform all such duties as may be required by the supervisors for the good government of the city.

      Sec. 27.  Municipal Court.  There shall be in said city a municipal court; the papers, pleadings filed therein, and processes issuing therefrom shall be entitled “In the Municipal Court of the City of Elko.”

      Sec. 28.  The municipal court shall be presided over by a police judge, who shall be a citizen of the state and resident of the said city for not less than one year and who shall be a qualified elector of said city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace, wherein any person or persons are charged with breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a municipal nature, and the said court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of said city and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The court shall have exclusive jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city or county jail, at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.

      Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars;


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principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certification of causes by justice courts.

      The said court shall have jurisdiction of offenses committed within the city, which violate the peace and good order of the city, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive, or opprobrious conduct, and of all offenses under ordinances of the city.

      The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.

      The police judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the supervisors may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.

      In all cases in which the police judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of said county, on the written request of the mayor, may act in the place and stead of such justice of the peace, and the supervisors shall have power to apportion ratably the salary or compensation of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.

 

 

 

 

 

 

 

Proviso