[Rev. 12/19/2019 5:22:54 PM]
κ1919 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
passed at the
TWENTY-NINTH SESSION OF THE LEGISLATURE
1919
________
Chapter 1An Act to prohibit the manufacture, sale, keeping for sale, and gift, of malt, vinous and spirituous liquors, and other intoxicating drinks, mixtures or preparations, making the superintendent of the Nevada state police ex officio commissioner of prohibition, and defining his duties; and providing for the enforcement of this act, and prescribing penalties for the violation thereof.
[Enacted Pursuant to Direct Vote of the People, General Election, November 5, 1918]
The People of the State of Nevada do enact as follows:
Section 1. The word liquors as used in this act shall be construed to embrace all malt, vinous or spirituous liquors, wine, porter, ale, beer or any other intoxicating drink, mixture or preparation of like nature; and all malt or brewed drinks, whether intoxicating or not, shall be deemed malt liquors within the meaning of this act; and all liquids, mixtures or preparations, whether patented or not, which will produce intoxication, and all beverages containing so much as one-half of one per centum of alcohol by volume, shall be deemed spirituous liquors, and all shall be embraced in the word liquors, as hereinafter used in this act. Sec. 2. Except as hereinafter provided, the manufacture, sale, keeping or storing for sale in this state, or offering or exposing for sale of liquors or absinthe or any drink compounded with absinthe are forever prohibited in this state, except liquors manufactured prior to July first, one thousand nine hundred and sixteen, and stored in United States bonded warehouses in the custody of the United States collector of internal revenue, and the said liquors when tax paid and in transit from such warehouses to points outside of this state. Sec. 3. Except as hereinafter provided, if any person acting for himself, or for, or through another, shall manufacture or sell or keep, store, offer or expose for sale; or solicit or receive orders for any liquors, or absinthe or any drink compounded with absinthe, he shall be deemed guilty of a misdemeanor for the first offense hereunder, and upon conviction thereof shall be fined not less than one hundred dollars nor more than one thousand dollars, |
Definition of liquors
Manufacture, sale, keeping, storing of all liquor prohibited; exception
Further prohibitions |
κ1919 Statutes of Nevada, Page 2 (CHAPTER 1)κ
Penalties
Prosecuting attorney to act
Who deemed guilty
Information, etc., what deemed sufficient
Exceptions
Alcohol for medicinal purposes; wine for sacramental purposes |
conviction thereof shall be fined not less than one hundred dollars nor more than one thousand dollars, and imprisoned in the county jail not less than two nor more than twelve months, and upon conviction of the same person for the second offense under this act, he shall be guilty of a felony and be confined in the penitentiary not less than one nor more than five years; and it shall be the duty of the prosecuting attorney in all cases to ascertain whether or not the charge made is the first or second offense; and if it be a second offense, it shall be so stated in the information or indictment returned, and the prosecuting attorney shall introduce the record evidence before the trial court of said second offense, and shall not be permitted to use his discretion in charging said second offense, or in introducing evidence and proving the same on the trial; and any person, except a common carrier, who shall act as the agent or employee of such manufacturer or such seller, or person so keeping, storing, offering or exposing for sale said liquors, or act as the agent or employee of the purchaser of such liquors, shall be deemed guilty of such manufacturing or selling, keeping, storing, offering or exposing for sale, as the case may be; and in case of a sale in which a shipment or delivery of such liquors is made by a common, or other carrier, the sale thereof shall be deemed to be made in the county wherein the delivery thereof is made by such carrier to the consignee, his agent or employee. As information, indictment or criminal complaint for an offense committed under the provisions of this section, shall be sufficient, which shall charge in substance and effect that within one year last past, the defendant, in the said county of did unlawfully manufacture, sell, offer, keep, store and expose for sale, and solicit and receive orders for liquors and absinthe, and drink compounded with absinthe, against the peace and dignity of the State of Nevada. Sec. 4. The provisions of this act shall not be construed to prevent any one from manufacturing, for his own domestic consumption wine or cider; or to prevent the manufacture from fruit grown exclusively within this state of vinegar and nonintoxicating cider for use or sale; or to prevent the manufacture and sale at wholesale to druggists only of pure grain alcohol for medicinal, pharmaceutical, scientific and mechanical purposes, or wine for sacramental purposes by religious bodies; or to prevent the sale and keeping and storing for sale by druggists of pure grain alcohol for mechanical, pharmaceutical, medicinal and scientific purposes, or of wine for sacramental purposes, by religious bodies, or any United States pharmacopeia or national formulary preparation in conformity with the Nevada pharmacy law, or any preparation which is exempted by the provisions of the national pure food law, and the sale of which does not require the payment of a United States liquor dealers tax. |
κ1919 Statutes of Nevada, Page 3 (CHAPTER 1)κ
does not require the payment of a United States liquor dealers tax. But no druggist shall sell any such grain alcohol except for medicinal, scientific, pharmaceutical and mechanical purposes, or wine for sacramental purposes, except as hereinafter provided, and the same shall not be sold by such druggist for medicinal purposes, except upon a written prescription of a physician of good standing in his profession and not of intemperate habits, or addicted to the use of any narcotic drug, prescribing the amount of alcohol, the disease or malady for which it is prescribed, and how it is to be used, the name of the person for whom prescribed, the number of previous prescriptions given by such physician to such person within the year next preceding the date of such prescription, and stating that the same is absolutely necessary for medicine, and not to be used as a beverage. and that such physician, at the time such prescription was given, made a personal examination of such person, and that such person is know to such physician to be of temperate habits and not addicted to the use of any narcotic drug, and only one sale shall be made upon such prescription, and such prescription shall be at all times kept on file by such druggist and open to the inspection of all state, county and municipal officers. It shall be the duty of such druggist to register in a book kept for that purpose all prescriptions from physicians mentioned in this section, stating the name of the party for whom prescribed, the date of the prescription, the name of the physician by whom the prescription is issued, the quantity of such alcohol and the use for which prescribed, and such record shall at all times be open to the same inspection as such prescriptions. It shall be lawful for a druggist to sell grain alcohol for pharmaceutical, scientific and mechanical purposes, or wine for sacramental purposes by religious bodies, only to any person, not a minor, and who is not of intemperate habits, or addicted to the use of narcotic drugs, who shall, at the time and place of such sale, make an affidavit in writing signed by himself before such druggist or a registered pharmacist at the time and place in the employ of such druggist, stating the quantity and the time and place and fully for what purpose and by whom such alcohol or wine is to be used; that affiant is not of intemperate habits or addicted to the use of any narcotic drug; and that such alcohol or wine is not to be used as a beverage, or for any purpose other than that stated in such affidavit. Such affidavit shall be filed and preserved by such druggist and be subject to inspection at all times by any state, county or municipal officer, and a record thereof made by such druggist in the record book mentioned in this section, showing the date of the affidavit, by whom made, the quantity of such alcohol, or wine, and when, where, for what purpose and by whom to be used. Only one sale shall be made upon such affidavit, and only in the county where the same is made, and no greater quantity than is therein specified. |
Druggists must not sell for any other purpose
Prescriptions by physicians limited
Druggist to keep record
Druggist may sell alcohol for industrial purposes
Affidavit required
Record to be kept |
κ1919 Statutes of Nevada, Page 4 (CHAPTER 1)κ
Said sales limited
Druggists must never sell to certain persons
Provisos
Substance of information or complaint
Persons of intemperate habits must not make affidavit |
and only in the county where the same is made, and no greater quantity than is therein specified. For the purpose of this act, any druggist or registered pharmacist making such sale shall have authority to administer such oath. If any druggist, owner of a drug store, registered pharmacist, clerk, or employee shall upon such prescription or affidavit, or otherwise, knowingly sell or give any such alcohol or wine to any person who is of intemperate habits or addicted to the use of any narcotic drug, or knowingly sell or give the same to any one to be used for any purpose other than that named in said affidavit or prescription, or who shall sell or give away any liquors without such affidavit or prescription, he shall be deemed guilty of a misdemeanor and punished by fine of not less than one hundred nor more than one thousand dollars and confined in the county jail not less than thirty days nor more than twelve months. In any prosecution against a druggist, owner of a drug store, registered pharmacist, clerk or employee, for selling or giving liquor contrary to law, if a sale or gift be proven, it shall be presumed that the same was unlawful in the absence of satisfactory proof to the contrary and the presentation of such prescription or affidavit by the defendant at the time of the trial for such sale or gift, shall be sufficient to rebut the presumption arising from the proof of such sale or gift. Provided, the jury shall believe, from all the evidence in the case, that such sale or gift was made in good faith under the belief that such prescription or affidavit and statements therein were true; and, provided further, that such druggist, owner of a drug store, registered pharmacist, clerk or employee shall have complied with all other provisions of this act relating to the sale or gift. An information, indictment, or criminal complaint against any druggist, registered pharmacist, clerk or employee for an offense committed under the provisions of this section, shall be sufficient, which shall charge in substance and effect, that the defendant, within one year last past, in said county of , did unlawfully sell, give, offer, expose, keep, and store for sale and gift, liquors, against the peace and dignity of the State of Nevada. Sec. 5. If any person who is of intemperate habits or addicted to the use of any narcotic drug shall make the affidavit mentioned in the preceding section, or if any person making such affidavit shall use as a beverage, or for any purpose, or at any place other than that stated in such affidavit, or shall knowingly permit another to do so, said alcohol or wine, or any part thereof, or shall knowingly make any false statement in such affidavit, he shall be guilty of a misdemeanor and upon conviction be punished by a fine of not less than one hundred nor more than one thousand dollars, and be confined in the county jail not less than two nor more than twelve months for the first offense hereunder; and for the second offense he shall be deemed guilty of a felony and punished by confinement in the penitentiary not less than one nor more than five years. |
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nor more than twelve months for the first offense hereunder; and for the second offense he shall be deemed guilty of a felony and punished by confinement in the penitentiary not less than one nor more than five years. And if any physician who is not in good standing in his profession or who is of intemperate habits, or who is addicted to the use of any narcotic drug, shall issue any such prescription as is mentioned in the last preceding section; or if any physician shall issue such prescription without, at the time, making a personal examination of the person for whom the liquor is prescribed, or shall prescribe for any person who is in the habit of drinking to intoxication and whom he knows, or has reason to believe is in the habit of drinking to intoxication or shall give such prescription and make the statements therein required, or any part thereof, falsely, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred nor more than one thousand dollars and imprisoned in the county jail not less than thirty days nor more than twelve months, and in addition thereto, for the first offense under this statute, the court may, in its discretion, suspend the license of such physician for a period of six months and for each offense thereafter the court shall suspend such license for a period of six months. Sec. 6. Every person who shall directly or indirectly keep or maintain by himself or by associating with others, or who shall in any manner aid, assist or abet in keeping or maintaining any club house, or other place in which any liquor is received or kept for the purpose of use, gift, barter or sold as a beverage, or for distribution or division among the members of any club or association by any means whatsoever; and every person who shall use, barter, sell or give away, or assist or abet in bartering, selling or giving away any liquors so received or kept, shall be deemed guilty of a misdemeanor and upon conviction thereof be punished by a fine of not less than one hundred nor more than one thousand dollars and by imprisonment in the county jail not less than thirty days nor more than twelve months; and in all cases the members, shareholders or associates in any club or association mentioned in this section, shall be competent witness to prove any violations of the provisions of this section, or of this act, or of any fact tending thereto; and no person shall be excused from testifying as to any offense committed by another against any of the provisions of this act by reason of his testimony tending to criminate himself, but the testimony given by such person shall in no case be used against him. Sec. 7. It shall be unlawful for any person to keep or have for personal use or otherwise, or to use, or permit another to have, keep or use, intoxicating liquors at any restaurant, store, office building, club, place where soft drinks are sold (except a drug store may have and sell alcohol and wine as provided by sections four and twenty-four), fruit stand, news-stand, room, or place where bowling alleys, billiard or pool tables are maintained, livery stable, public building, park, road, street or alley. |
Prescription must be by reputable physician
Penalty
Clubhouses and similar places, regulations for
Personal use in certain places prohibited |
κ1919 Statutes of Nevada, Page 6 (CHAPTER 1)κ
Provisos
Advertising of liquors prohibited
When officers must act |
restaurant, store, office building, club, place where soft drinks are sold (except a drug store may have and sell alcohol and wine as provided by sections four and twenty-four), fruit stand, news-stand, room, or place where bowling alleys, billiard or pool tables are maintained, livery stable, public building, park, road, street or alley. It shall be unlawful for any person to give or furnish to another intoxicating liquors. Any one violating this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars, nor more than one thousand dollars, and be imprisoned in the county jail not less than two nor more than twelve months; provided, that no common carrier, for hire, nor any other person, for hire or without hire, shall bring or carry into this state, or carry from one place to another within the state intoxicating liquors for another, even when intended for personal use; except a common carrier may, for hire, carry pure grain alcohol and wine, and such preparations as may be sold by druggists for the special purposes and in the manner as set forth in sections four and twenty-four; and, provided, further, however, that in case of search and seizure, the finding of any liquors shall be prima facie evidence that the same are being kept and stored for unlawful purposes. Sec. 8. If any person shall advertise or give notice by signs, bill-boards, newspapers, periodicals, or otherwise for himself or another of the sale or keeping for sale of liquors, or shall circulate or distribute any price-lists, circulars or order blanks advertising liquors or publish any newspaper, magazine, periodical, or other written or printed papers, in which such advertisement or notices are given, or shall permit any such notices, or any advertisement of liquors (including bill-boards) to be posted upon his premises, or premises under his control, or shall permit the same to so remain upon such premises, he shall be guilty of a misdemeanor and be fined not less than one hundred nor more than one thousand dollars. Sec. 9. Every justice of the peace and every district court, or the judges thereof in vacation, upon information made under oath or examination that any person is manufacturing, selling, offering, or exposing, keeping or storing for sale or barter, contrary to law, any liquors, or that the affiant has cause to believe and does believe that such liquors so manufactured, sold, offered, kept or stored for sale or barter in any house, building, or other place named therein, contrary to the provisions in this act, shall issue a warrant requiring the person suspected to be brought before him for examination, or the said house, building, or other place to be searched, and the parties found therein to be arrested and brought before him as aforesaid; and requiring the officer to whom it is directed to summon such witnesses as shall be therein named, or whose names are endorsed thereon to appear and give evidence on the examination, and in the same warrant shall require the officer to whom it is directed to seize and hold all liquors found therein, also vessels, bar fixtures, screens, glasses, bottles, jugs, and other appurtenances apparently used in the sale, keeping, or storing of such liquors contrary to law. |
κ1919 Statutes of Nevada, Page 7 (CHAPTER 1)κ
endorsed thereon to appear and give evidence on the examination, and in the same warrant shall require the officer to whom it is directed to seize and hold all liquors found therein, also vessels, bar fixtures, screens, glasses, bottles, jugs, and other appurtenances apparently used in the sale, keeping, or storing of such liquors contrary to law. Sec. 10. If, upon examination of such person, it shall appear to such justice, court or judge, that there is probable cause to believe him guilty of the offense charged, the accused shall be required to enter into recognizance, with sufficient securities, in the sum of not less than five hundred dollars, to appear before the district court of the county having jurisdiction, to answer an indictment if one be preferred against him; and upon his failure to enter into such recognizance, the justice, court or judge shall commit him to jail to answer such indictment. All material witnesses shall also be recognized with or without sureties, as such justice, court or judge may deem proper, to appear before the district court and give evidence against the accused, and such justice, court or judge shall require the accused to give bond with sufficient security in the sum of five hundred dollars conditioned that he will not violate any of the provisions of this act during the time intervening between the date of such bond and the date set for his appearance before said district court of the county; and upon his failure to give such bond, the justice, court or judge shall commit him to jail until such bond is given or until he is discharged therefrom by the district court of the county. Sec. 11. Whenever liquors shall be seized in any room, building or place which has been searched under the provisions of this act, the finding of such liquors in such room or of a government license therein shall be prima facie evidence of the unlawful selling, and keeping and storing for sale of the same by the person, or persons, occupying such premises, or by any person named in any government license posted in such room, or his associates, agents or employees thereunder, and the proprietor or other persons in charge of the premises where such liquor was found, or who is so named in such government license, and his associates, shall be subject to trial by due process of law on the charge of selling or keeping or storing for sale unlawfully such liquor, under the indictment and form prescribed in section three of this act, and upon his conviction of selling, offering, storing, or exposing for sale such liquor unlawfully, the liquor found upon said premises shall at once be publicly destroyed by some responsible person to be appointed by the court. Sec. 12. If in such house, building or place, as is herein-before mentioned, the sale, offering, storing or exposing for sale of liquors is carried on clandestinely, or in such manner that the person so selling, offering, exposing, keeping or storing for sale, cannot be seen or identified by the officer or officers charged with the execution of a warrant issued under sections ten and eleven of this act, any such officer may, whenever it is necessary for the arrest or identification of the person so offending, or the seizing of such liquor, break open and enter such house, building or place. |
Probable cause, when recognized
Bond must be given, when
Liquors prima facie evidence
Liquors destroyed, when |
κ1919 Statutes of Nevada, Page 8 (CHAPTER 1)κ
Officer may break, open and enter buildings, when
Payment of U. S. revenue tax prima facie evidence
Certain places declared public nuisances, when
Penalties
State commissioner of prohibition |
that the person so selling, offering, exposing, keeping or storing for sale, cannot be seen or identified by the officer or officers charged with the execution of a warrant issued under sections ten and eleven of this act, any such officer may, whenever it is necessary for the arrest or identification of the person so offending, or the seizing of such liquor, break open and enter such house, building or place. Sec. 13. The payment of the special tax required of liquor dealers by the United States by any person, or persons other than druggists, within the state, shall be prima facie evidence that such person, or persons, are engaged in keeping and selling, offering and exposing for sale, liquors contrary to the laws of this state, and a certificate from the collector of internal revenue, his agents, clerks or deputies, showing the payment of such tax, and the name or names of persons to whom issued, and the names of the person or persons, if any, associated with the person to whom such tax receipt is issued, shall be sufficient evidence of the payment of such tax, and of the association of such persons for the selling and keeping, offering and exposing for sale, liquors contrary to the laws of this state, and a certificate from the collector of internal revenue, his agents, clerks or deputies, showing the payment of such tax, and the name or names of persons to whom issued, and the names of the person or persons, if any, associated with the person to whom such tax receipt is issued, shall be sufficient evidence of the payment of such tax, and of the association of such persons for the selling and keeping, offering and exposing for sale of liquors contrary to the provisions of this act in all trials or legal inquiries. Sec. 14. All houses, buildings, club rooms and places of every description, including drug stores, where intoxicating liquors are manufactured, stored, sold or vended, given away, or furnished contrary to law (including those in which clubs, orders or associations sell, barter, give away, distribute or dispense intoxicating liquors to their members, by any means or device whatever, as provided in section six of this act) shall be held, taken and deemed common and public nuisances. And any person who shall maintain, or shall aid or abet, or knowingly be associated with others in maintaining such common and public nuisance, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than one thousand dollars, and by imprisonment in the county jail not less than thirty days nor more than twelve months for each offense, and judgment shall be given that such house, building or other place, or any room therein, be abated or closed up as a place for the sale or keeping of such liquors contrary to law, as the court may determine. Sec. 15. The superintendent of the Nevada state police shall be ex officio state commissioner of prohibition. Wherever the word commissioner is used in this act, it shall mean and be taken to mean the state commissioner of prohibition. |
κ1919 Statutes of Nevada, Page 9 (CHAPTER 1)κ
mean and be taken to mean the state commissioner of prohibition. Sec. 16. It shall be the duty of the commissioner, his deputies and agents, to superintend the enforcement of all provisions of this act, and of laws of this state affecting the manufacture, sale, keeping, exposing or offering for sale, or giving or soliciting or receiving orders for liquors, or laws connected in any way with the liquor traffic, to diligently inform themselves of all violations of such laws and either make report thereof to the prosecuting attorney of the proper county who shall forthwith prosecute the same as provided by law, or said commissioner, his agents or deputies, shall make complaint of any violations of any such laws before the proper court or committing justice, and conduct the prosecution thereof in any court in the state having jurisdiction of such matters; and for the purpose of enforcing such laws, the said commissioner, his agents and deputies, shall have all the powers now vested in the sheriffs, their deputies, and constables and police officers in the state. Provided, that nothing in this act shall be construed to take from or to relieve any of the said officer from any duty imposed upon him by any statute of the state. Sec. 17. The commissioner, his agents and deputies, and the attorney-general, prosecuting attorney, or any citizen of the county where such a nuisance as is defined in section fourteen of this act exists, or is kept or maintained, may maintain a suit in equity in the name of the state to abate and perpetually enjoin the same, and courts of equity shall have jurisdiction thereof. The injunction shall be granted at the commencement of the action and no bond shall be required. It shall not be necessary for the court to find that the premises involved were being unlawfully used as aforesaid at the time of the hearing, but on finding that the material allegations of the bill are true, the court shall order that no liquors shall be sold, bartered, given away, distributed, dispensed or stored in such house, building, club room or other place, nor in any part thereof, for a period of not to exceed one year in the discretion of the court from and after such finding, in case of a drug store; in other cases the order for abatement shall be perpetual. Any person violating the terms of any injunction granted in proceedings hereunder shall be punished for contempt summarily by the court without the impaneling of any jury to try the same, by a fine of not less than one hundred nor more than five hundred dollars, and by imprisonment in the county jail not less than thirty days nor more than six months, in the discretion of the court or judge thereof in vacation. In case decree is rendered in favor of the plaintiff in any action brought under the provisions of this section, the court entering the same shall also enter decree for a reasonable attorneys fee in such action in favor of the plaintiff against the defendants therein, which attorneys fee shall be taxed and collected as other costs therein, and when collected paid to the attorney, or attorneys of the plaintiff therein. |
Duties of commissioner and deputies
Proviso
Officers may maintain suits in equity
Certain evidence not necessary
Penalties |
κ1919 Statutes of Nevada, Page 10 (CHAPTER 1)κ
Additional penalties
Common carriers must keep record of liquors carried
Record shall be legal evidence
Penalties
Proviso |
a reasonable attorneys fee in such action in favor of the plaintiff against the defendants therein, which attorneys fee shall be taxed and collected as other costs therein, and when collected paid to the attorney, or attorneys of the plaintiff therein. Sec. 18. In addition to the penalties prescribed for violation of any of the provisions of sections two to sixteen, inclusive, of this act, the court may in its discretion, when such conviction is had, require the defendant to execute bond with good security to be approved by the court or clerk thereof, in the penalty of one thousand dollars, conditioned not to violate any of the provisions of any of said sections for the term of two years, and in default of such bond may commit the defendant to jail for said term of two years, unless such bond be sooner given. Sec. 19. All express companies, railroad companies and transportation companies within this state are hereby required to keep books in which shall be entered immediately upon receipt thereof the name of every person to whom liquors are shipped; the amount and kind received; the date when delivered, and by whom, and to whom delivered; after which record shall be a blank space, in which the consignee shall be required to sign his name in person to such record, which book shall be open to the inspection of any state, county or municipal officer of this state, at any time during business hours of the company; except that in the absence or sickness of a duly licensed druggist, having authority to sell pure grain alcohol and wine for the purposes prescribed by law, a registered pharmacist in the employ of such druggist, duly designated by such druggist, in writing personally signed by him, to the agent of the transportation company, may sign such druggists name to the record of shipments of alcohol for medicinal, pharmaceutical, scientific and mechanical purposes, or wine for sacramental purposes by religious bodies, such registered pharmacist being required to write immediately beneath such druggists name his own name and his connection with such druggist. Such books shall constitute prima facie evidence of the facts therein stated, and be admissible as evidence in any court in this state having jurisdiction, or in any manner empowered with the enforcement of the provisions of this act. Any employee or agent of any express, railroad company or transportation company knowingly failing or refusing to comply with the provisions of this section, shall be guilty of a misdemeanor and punished by a fine of not less than fifty nor more than one thousand dollars, and may be imprisoned in the county jail not less than thirty days nor more than twelve months. Provided, however, that nothing herein contained shall permit, or be construed as permitting or authorizing, any common carrier or transportation company to bring or carry into this state, or carry from one place to another within the state, intoxicating liquors for another, even when intended for personal use, other than pure grain alcohol and wine, and such preparations for druggists as may be sold by them for special purposes and the manner set forth in sections four and twenty-four. |
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or transportation company to bring or carry into this state, or carry from one place to another within the state, intoxicating liquors for another, even when intended for personal use, other than pure grain alcohol and wine, and such preparations for druggists as may be sold by them for special purposes and the manner set forth in sections four and twenty-four. Sec. 20. Any citizen or organization within this state may employ an attorney to assist the prosecuting attorney to perform his duties under this act, and such attorney shall be recognized by the prosecuting attorney and the court as associate counsel in the proceedings; and no prosecution shall be dismissed over the objection of such associate counsel until the reasons of such prosecuting attorney for such dismissal, together with the objections thereof of such associate counsel, shall have been filed in writing, argued by counsel and fully considered by the court. Sec. 21. The prosecuting attorney of any county, with the approval of the governor, or of the court of the county vested with authority to try criminal offenses, or of the judge thereof in vacation, may, within his discretion, offer rewards for the apprehension of persons charged with crime, or may expend money for the detection of crime. Any money expended under this section shall, when approved by the prosecuting attorney, be paid out of the county fund in the same manner as other county expenses are paid. Sec. 22. In all cases arising under this statute the state shall have the right to appeal. Sec. 23. This entire act shall be deemed an exercise of the police powers of the state for the protection of public health, peace and morals, and all of its provisions shall be liberally construed for the attainment of that purpose. Sec. 24. All acts and parts of acts, so far as in conflict with this act, are hereby repealed. Sec. 25. If any corporation or association shall violate any of the provisions of this act, any officer, agent, or employee thereof acting for it in any such unlawful act, or authorizing the same to be done, shall be personally guilty thereof the same as though such officer, agent, or employee himself had committed the offense, and shall be subject to all of the fines, penalties, and imprisonments therefor. Sec. 26. If any state, county, district or municipal officer, or any municipal police, shall fail, refuse or neglect to discharge any duty imposed upon him by law, prohibiting the manufacture, sale, keeping and storing for sale of intoxicating liquors, he shall be removed from office in the manner provided in this section. Such removal shall be made by the district court of the county wherein such officer resides. |
Citizens may employ attorneys to aid prosecution
Rewards may be offered, how
Right of appeal
This act deemed exercise of police power
Repeal
Corporation or agent personally liable
Penalties for public officers refusing to enforce this law |
κ1919 Statutes of Nevada, Page 12 (CHAPTER 1)κ
Any citizen may prosecute charges
Definition
Change of venue, when
Justices of peace have concurrent jurisdiction with district court; provisos
Fines limited in justice court |
the district court of the county wherein such officer resides. The charges against any such officer shall be reduced to writing, and entered of record by the court, and a summons shall thereupon be issued by the clerk of such court, containing a copy of the charges, and requiring the officer named therein to appear and answer the same as in other civil actions, which summons may be served in the same manner as a summons in civil action, and the service must be made at least five days before the return day thereof. And the court itself shall, without a jury, hear the charges, and upon satisfactory proof thereof, remove any such officer from the discharge of the duties of his office, and place the records, papers and property of his office in the possession of some other officer or person for safekeeping until the vacancy is filled. Any vacancy created under this section shall be filled in the manner required by law as to county and district officers, and in the manner prescribed by the ordinances of the municipality. Any citizen of the county, district or municipality, as the case may be, or the commissioner of prohibition, may prefer and prosecute to final judgment charges for removal against any of the officers, including municipal police, mentioned in this section. The word officer, as used herein, shall include and embrace municipal police. Either party shall have the right of appeal to the supreme court of the state from the judgment of the district court. Sec. 27. Whenever it shall appear to any district court before which is pending any charge for an offense under this act, that the state cannot have a fair and impartial trial by jury in the county where such action is pending, the court shall enter an order to that effect, and shall order that such cause be transferred to some other district court in this state to be selected by the judge ordering such transfer; and the trial of such cause shall proceed before the court to which it is so transferred the same as is now provided in cases of change of venue. Sec. 28. Justices of the peace shall have concurrent jurisdiction with the district court for the trial of first offenses arising under this act; provided, that the district attorney or the commissioner, or any of his deputies, shall have the right before trial to elect whether the case shall be tried and judgment entered, or whether the justice shall hold a preliminary hearing to determine whether the accused shall be held to the district court; provided, further, that if the defendant shall plead guilty, the justice shall enter judgment on the charge. Justices of the peace shall not impose a fine greater than five hundred dollars nor imprisonment in the county jail longer than six months. The justice shall certify to the district attorney a transcript from his docket of the judgment in the case and a copy of all bonds given by the defendant. |
κ1919 Statutes of Nevada, Page 13 (CHAPTER 1)κ
the defendant. Whenever the district attorney shall appear for the state in any prosecution before a justices court for an offense under this act, there shall be allowed and taxed as a part of the costs taxable against the defendant, an attorneys fee of ten dollars. The state shall have the same right as the defendant to an appeal from the judgment of the justice. Any transcript of a judgment, so certified by a justice of the peace shall be admissible evidence upon the trial of the accused for a second offense under this act. Sec. 29. Any person called on behalf of the state to testify concerning any violations of this act, who shall give freely and truthfully any testimony tending in any way to incriminate himself, shall be immune from prosecution under this act. Sec. 30. It shall be unlawful for any person in this state to receive, directly or indirectly, intoxicating liquors from a common, or other carrier. It shall also be unlawful for any person in this state to possess intoxicating liquors, received directly or indirectly from a common, or other carrier in this state. This section shall apply to such liquors intended for personal use, as well as otherwise, and to interstate, as well as intrastate, shipments or carriage. Any person violating this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars nor more than one thousand dollars, and in addition thereto may be imprisoned in the county jail not more than twelve months; provided, however, that druggists may receive and possess pure grain alcohol, wine and such preparations as may be sold by druggists for the special purpose and in the manner as set forth in section four. |
Witness, when immune
Exception |
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Chap. 2An Act to create a legislative fund.
[Approved January 24, 1919]
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. |
Legislative appropriation, $60,000
Duties of controller and treasurer |
κ1919 Statutes of Nevada, Page 14 (CHAPTER 2)κ
Residue to revert |
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. |
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Immediate appropriation, $10,000 for state printing office |
Chap. 3An Act making an appropriation for the payment of the current expenses of the state printing office.
[Approved January 31, 1919]
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 current expenses of the state printing office in the manner and form provided by law. |
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Repealing act regulating salaries of peace officers of Goldfield |
Chap. 4An Act to repeal an act entitled An act regulating the salary of the chief of police and other peace officers of the town of Goldfield, Esmeralda County, Nevada, and other matters relating thereto, approved March 15, 1917.
[Approved February 4, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An act entitled An act regulating the salary of the chief of police and other peace officers of the town of Goldfield, Esmeralda County, Nevada, and other matters relating thereto, approved March 15, 1917, is hereby repealed. |
________
Repealing act establishing commissioner districts in Esmeralda County |
Chap. 5An Act to repeal an act entitled An act to establish commissioner districts in the county of Esmeralda, and providing for the election of the members of the board of county commissioners thereof, approved March 23, 1917.
[Approved February 4, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada, entitled An act to establish commissioner districts in the county of Esmeralda, and providing for the election of the members of the board of county commissioners thereof, approved March 23, 1917, is hereby repealed. |
κ1919 Statutes of Nevada, Page 15 (CHAPTER 5)κ
Sec. 2. This act shall take effect and be in force from and after its passage and approval. |
In effect |
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Chap. 6An Act to repeal an act entitled An act to create the office of purchasing agent of the county of Esmeralda, and providing for the duties and compensation of such purchasing agent, became a law March 22, 1917.
[Approved February 4, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An act entitled An act to create the office of purchasing agent of the county of Esmeralda, and providing for the duties and compensation of such purchasing agent, which became a law, March 22, 1917, is hereby repealed. |
Repeal of act for purchasing agent in Esmeralda County |
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Chap. 7An Act to amend 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 8, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 32 of the above-entitled act, being section 2034, Rev. Laws, 1912, shall be amended to read as follows: Section 32. The clerk of the supreme court shall, on the first Monday of each quarter, pay to the state treasurer all moneys received by him for court fees, rendering to said treasurer a brief note of the cases in which the same were received. The money so received by the treasurer shall be placed in the supreme judges salary fund, and the same shall be used for no other purpose. Sec. 2. All acts or parts of acts in conflict herewith are hereby repealed. |
Clerk of supreme court to quarterly pay all fees to state treasurer
Repeal |
________
Chap. 8An Act to amend an act entitled An act relating to barber-shops, defining the same, providing regulations in connection therewith, protecting the health of barbers and their patrons, and fixing a penalty for the violation thereof, approved March 27, A. D. 1917.
[Approved February 8, 1919]
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 shall be amended to read as follows: |
|
κ1919 Statutes of Nevada, Page 16 (CHAPTER 8)κ
Barbershops must close on Sundays in certain towns |
Section 2. It shall be unlawful in any town or city of this state having a population of more than five hundred people, for any person, or persons, company or corporation, to keep open, or permit to be kept open, any barber-shop or public place for the purpose of carrying on or plying the barber trade or business, or to conduct such business on the first day of each week, commonly called Sunday, that is to say, between the hours of twelve (12) oclock midnight of Saturday of any week, and twelve (12) oclock midnight of the following day, Sunday. |
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Bonds for certain purposes in Lovelock
Denomination, etc., of bonds
Interest payable semiannually
Redemption of bonds provided for |
Chap. 9An Act authorizing and directing the board of county commissioners of Humboldt County, State of Nevada, to issue bonds for the purpose of providing means for the erection and maintenance of a high-school manual-training building and the addition of two classrooms to the present building in the city of Lovelock, County of Humboldt, State of Nevada, providing for the expenditure of the moneys realized from the sale of such bonds, and providing for the payment of such bonds upon maturity.
[Approved February 8, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Humboldt County, State of Nevada, is hereby authorized and directed under the provisions of this act to issue bonds of said county, bearing interest at the rate of six per centum per annum, in the sum of fourteen thousand dollars, none of which bonds shall run for a period longer than eleven years from the first day of July, 1919. Sec. 2. The bonds authorized under the provisions of section 1 of this act shall be issued in the sum of one thousand dollars each. They shall be numbered from 1 to 14 consecutively. They 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 bonds shall be signed by the original or engraved facsimile signature of the county treasurer. The interest on said bonds shall be payable semiannually. Sec. 3. On the first day of July, 1924, and annually thereafter, until and including the first day of July, 1930, two of such bonds, together with the interest thereon, shall be paid and redeemed by the county treasurer of Humboldt County. The payment and redemption of these bonds shall be in order of their issuance, the lowest-numbered bond to be the first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this act shall have been paid and redeemed. |
κ1919 Statutes of Nevada, Page 17 (CHAPTER 9)κ
Sec. 4. The said bonds shall be advertised for sale and sold by the county board of education of said county for the purpose of raising funds for the objects designated in this act. Before delivery they shall be registered by the county treasurer 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 the said bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of 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 Building Fund and for the purposes provided for in this act. Sec. 5. The county board of education is hereby authorized and directed to use the moneys derived from the sale of said bonds, or such portion thereof as they may deem necessary, for the construction and equipment of a manual-training building and the addition of two classrooms with equipment to the present building; and any balance remaining in such fund after the accomplishment of the said purposes 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 of said building and as to the materials and plans to be used therefor; said board shall advertise for bids for the construction thereof and let the construction thereof by contract to 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 whatsoever, fail to present the same to the county treasurer for payment when due, all interest thereon shall thereupon immediately cease. Sec. 6. It shall be the duty of the board of county commissioners of Humboldt County to annually levy and assess a special tax on all the taxable property of said county, including the net proceeds of mines, in an amount sufficient to pay the interest accruing on said bonds promptly when due according to the tenor and effect of said bonds, and the county treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him, and shall cause said interest to be always promptly paid at the place of payment specified in the bonds; and 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 it shall then be subject to the disposal of the county board of education. Commencing in the year 1923, and annually thereafter, until the full payment of said bonds has been made, the board of county commissioners of said Humboldt County shall at the time of making the levy for the taxes for state and county purposes, including the net proceeds of mines, levy a tax in an amount sufficient to produce the revenue required to redeem and make payment of such of the above-mentioned bonds as shall mature on July 1 of the year next following the making of such levy. |
Bonds must be advertised for sale
Register to be kept
County high-school building fund
Board of education to erect building and additions
Bids invited
Interest ceases, when
County commissioners to levy tax |
κ1919 Statutes of Nevada, Page 18 (CHAPTER 9)κ
High-school bond redemption fund
County treasurer liable
Faith of state pledged |
after, until the full payment of said bonds has been made, the board of county commissioners of said Humboldt County shall at the time of making the levy for the taxes for state and county purposes, including the net proceeds of mines, levy a tax in an amount sufficient to produce the revenue required to redeem and make payment of such of the above-mentioned bonds as shall mature on July 1 of the year next following the making of such levy. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and the county treasurer shall keep the same in a fund hereby created and known as the High-School Bond Redemption Fund, and the money in said fund shall be paid out by the said county treasurer in the payment of the principal of said bonds as they become due, upon the presentation and surrender of said bonds and coupons to the said county treasurer at his office. Should any money remain in said last-named fund after payment of all said bonds the county treasurer shall without delay pass the same to the credit of the County High-School Fund. Sec. 7. The county treasurer shall be liable on his official bond for the safe-keeping of the moneys which shall come into his possession under the provisions of this act and for the faithful discharge of all his duties hereunder. Sec. 8. 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 thereof shall have been paid in full as in this act provided. |
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Preamble |
Chap. 10An Act approving and validating certain special elections held in Twin Springs school district No. 36, Washoe County, Nevada, for the issuance of certain bonds thereof, and the providing of a schoolhouse and other buildings, the purchasing of furniture, etc., and the incurring of indebtedness therefor, and authorizing the issuance of said bonds and other matters relating thereto.
[Approved February 8, 1919]
Whereas, In the Twin Springs school district, No. 36, in Washoe County, State of Nevada, upon proceedings had and taken by the board of trustees thereof, on the 11th day of August, 1916, and the 6th day of May, 1918, respectively, special elections were held for the incurring of indebtedness and the issuance of negotiable bonds therefor, hereinafter particularly described, for the purpose of providing a schoolhouse and other buildings, and purchasing furniture, etc., necessary for said school district, and at each of said elections, all the qualified electors, voting thereat, voted unanimously for the incurring of said indebtedness and the issuance of said bonds; and |
κ1919 Statutes of Nevada, Page 19 (CHAPTER 10)κ
Whereas, Said schoolhouse and other buildings have been provided and said furniture, etc., purchased, and said indebtedness incurred, but said bonds have not been issued, for the reason some question has arisen as to the legality of said elections or some of said proceedings relating thereto; and Whereas, Said proceedings were had, said elections held, said schoolhouse and other buildings provided and said furniture, etc., purchased, and said indebtedness incurred, in good faith, and for the use and benefit of said school district, and it is just and expedient that said elections and said proceedings relating thereto be approved and forever validated to the end that said bonds be issued, and said indebtedness satisfied and discharged; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Those special elections, held on the 11th day of August, 1916, and the 6th day of May, 1918, respectively, in the Twin Springs school district, No. 36, Washoe County, Nevada, and any and all proceedings relating thereto, the providing of said schoolhouse and other buildings, and the purchasing of said furniture, etc., and the incurring of the indebtedness of said school district in the sum of $2,507.07 therefor, be and the same are, and each of them is, hereby approved and forever validated, and, accordingly, as contemplated by said elections and said proceedings relating thereto, said Twin Springs school district, No. 36, in Washoe County, Nevada, pursuant to the provisions of law, be and it is hereby authorized to issue or cause to be issued its negotiable bonds dated at the time of their issuance in the total sum of $2,507.07, payable to bearer at Reno, Nevada, ten (10) years from their date, with interest thereon at the rate of six (6) per cent per annum, from the date thereof, payable semiannually until paid for the purpose of satisfying and discharging said indebtedness so incurred and approved and validated as aforesaid, which said bonds shall be in the following numbers and denominations:
One negotiable coupon bond of said school district to be numbered and known and designated as No. 1 in the sum of one thousand ($1,000) dollars, with interest thereon and payable as aforesaid. One negotiable coupon bond of said school district to be numbered and known and designated as No. 2 in the sum of one thousand ($1,000) dollars, with interest thereon and payable as aforesaid. One negotiable coupon bond of said school district to be numbered and known and designated as No. 3 in the sum of five hundred seven and seven hundredths ($507.07) dollars, with interest thereon and payable as aforesaid. |
Preamble
Validating bond elections in Twin Springs school district, Washoe County
Number and denomination of bonds |
κ1919 Statutes of Nevada, Page 20 (CHAPTER 10)κ
Duties of Washoe County officers
In effect |
seven hundredths ($507.07) dollars, with interest thereon and payable as aforesaid.
And that the board of county commissioners of Washoe County, Nevada, and the treasurer of said county, be and they are hereby authorized and directed to do every act, matter and thing required of them, or either of them, by the provisions of law in the premises, and particularly by that certain act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911, and that certain act amendatory thereof, approved March 24, 1913, and that certain act amendatory thereof, approved February 26, 1915, and that upon the issuance of said bonds, the same shall be, together with the interest to accrue thereon, a valid and subsisting indebtedness against said school district until paid. Sec. 2. This act shall take effect immediately upon its passage and approval. |
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Fixing salary of assessor of Humboldt County |
Chap. 11An Act fixing the compensation of the county assessor of Humboldt County, State of Nevada.
[Approved February 20, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The assessor of Humboldt County, Nevada, shall receive a salary of sixty-four hundred dollars ($6,400) per annum. The above salary shall be in full compensation for all services performed by said assessor and his deputy or deputies. Sec. 2. The salary provided for in section one of this act shall be payable monthly in twelve equal installments. |
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Relief of J. H. Stern |
Chap. 12An Act for the relief of J. H. Stern.
[Approved February 21, 1919]
Whereas, Under the provision 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, said sum to be paid by the state treasurer out of the biennial appropriation therefor; and Whereas, The general appropriation bill passed at the twenty-eighth session of the legislature provided an appropriation of three hundred ($300) dollars for the biennial period of 1917-1918 for the salary of bailiff of the supreme court (Stats. 1917, 225); and Whereas, Owing 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 |
κ1919 Statutes of Nevada, Page 21 (CHAPTER 12)κ
supreme court, the said appropriation did not cover the biennial period for which it was intended; and Whereas, The services covered in 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 sixty ($60) 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 controller is hereby directed to draw his warrant in favor of said J. H. Stern for the said sum of sixty ($60) dollars, and the state treasurer is hereby directed to pay the same. |
Appropriation, $60 |
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Chap. 13An Act to amend an act entitled An act to amend section one hundred and two and to repeal section one hundred and six of an act entitled An act providing a general corporation law, approved March 16, 1903, approved March 11, 1913.
[Approved February 21, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The act of the legislature entitled and approved as aforesaid is hereby amended to read as follows: Section 1. Section one hundred and two of an act entitled An act providing a general corporation law, approved March 16, 1903, is hereby amended to read as follows: On filing any certificate or articles or other paper relative to corporations in the office of the secretary of state, the following fees and taxes shall be paid to the secretary of state, for the use of the state: For certificate or articles of incorporation, ten (10) cents for each thousand dollars of the total amount of capital stock authorized, but in no case less than twenty-five ($25) dollars; consolidation and merger of corporations, ten (10) cents for each thousand dollars of capital authorized, beyond the total authorized capital of the corporations merged or consolidated, but in no case less than ten dollars; increase of capital stock, ten (10) cents for each thousand dollars of the total increase authorized, but in no case less than ten dollars; extension or renewal of corporate existence of any corporation, one-half that required for the original certificate or articles of incorporation by this act; |
General corporation law amended
Fees of secretary of state |
κ1919 Statutes of Nevada, Page 22 (CHAPTER 13)κ
Fees of secretary of state
No fees from certain societies
Foreign corporations
Repeal of certain section In effect |
dissolution of corporation, change of nature of business, amended articles or certificate of incorporation or organization (other than those authorizing increase of capital stock), decrease of capital stock, increase or decrease of par value of or number of shares, ten dollars; for filing list of officers and directors or trustees, and name of agent in charge of principal office, one dollar; notice of removal of principal place of business, other than by amendment, one dollar; for comparing any document to be certified when copy thereof is furnished, if any corrections are required to be made therein before certifying thereto, twenty (20) cents for each folio of one hundred words of said document so compared; for certifying to copy of articles of incorporation, where copy is furnished, five dollars; for certifying to copy of amendment to articles of incorporation, where copy is furnished, five dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, five dollars; for all certificates not hereby provided for, five dollars; provided, that no fees shall be required to be paid by any religious or charitable society or educational association having no capital stock; and, provided further, that foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state, except, that, where a foreign corporation is organized without fixing or stating a par value to its authorized capital stock, or, where its articles or charter, or the legislative, executive, or other governmental acts or other instrument or authority, under which it was created, required by law to be filed in the office of the secretary of state, do not fix or state any par value to its authorized capital stock, then, for the purpose of taxes and fees to be paid to the secretary of state, upon qualifying before carrying on business in this state, but for no other purpose, the authorized capital stock of such foreign corporation shall be taken to be of the par value of one hundred dollars per share. Sec. 2. Section one hundred and six of said act is hereby repealed. Sec. 3. This act shall take effect from and after its passage and approval. |
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|
Chap. 14An Act to amend section 216 of an act entitled An act concerning crimes and punishments, and repealing certain sections relating thereto, approved March 17, 1911, being section 6481 of the Revised Laws of Nevada, 1912.
[Approved February 21, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 216 of the above-entitled act is hereby amended so as to read as follows: |
κ1919 Statutes of Nevada, Page 23 (CHAPTER 14)κ
Section 216. It shall be unlawful for any man residing in this state to wilfully neglect, fail, or refuse to provide reasonable support and maintenance for his wife or minor child or children; and any person guilty of such neglect, failure, or refusal, upon complaint of the wife or any member of the board of county commissioners of the county where such wife or children reside, and upon due conviction thereof, shall be adjudged guilty of a misdemeanor and shall be committed to the county jail for the period of not more than sixty days, unless it shall appear that owing to physical incapacity or other good cause he is unable to furnish such support; provided, that in cases of conviction for the offense aforesaid, the court before which such conviction is had may, in lieu of the penalty herein provided, accept from the person convicted a bond to the board of county commissioners of the county in which such conviction is had, with good and sufficient surety, conditioned for the support of his wife, child, or children, as the case may be, for the term of six months after the date of said conviction; and the court may accept such bond at any time after such conviction, and order the release of the person so convicted. In the case of neglect or refusal to give such bond the court may direct that the person so convicted shall be compelled to work upon the public roads or highways or any other public work, in the county where such conviction is had, during the term of such sentence. And it shall be the duty of the board of county commissioners where such conviction and sentence are had, and where such work is performed by a person under sentence to the county jail, to allow and order the payment out of any fund available to the wife or to the child or children, at the end of each calendar month, for the support of such wife, child, or children, a sum not to exceed one dollar and fifty cent for each days work of such person. |
Neglect of wife or children punished
Misdemeanor
Proviso
Bond accepted; when and how
Duty of county commissioners
Family to receive funds, how |
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Chap. 15An Act to amend an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917.
[Approved February 21, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 8 of the said act is hereby amended to read as follows: Section 8. The highways which are constructed or improved by the department of highways in accordance with the routes set forth and described in this section shall be state highways and shall be constructed or improved and maintained by the department of highways; provided, that the funds available to the state through the act of Congress or other federal acts may be used therefor; and provided further, that when such federal funds are made available, under section eight of said act of Congress, or other federal act or acts authorizing the use of federal funds to build roads in the national forest, the board is authorized and empowered to set aside for the purpose and to expend said highway funds on state highways built by the federal government. |
State highways designated |
κ1919 Statutes of Nevada, Page 24 (CHAPTER 15)κ
State highway routes
Route 1 described
Route 2
Route 3
Route 4
Route 5
Route 6
Highway department to act |
or other federal acts may be used therefor; and provided further, that when such federal funds are made available, under section eight of said act of Congress, or other federal act or acts authorizing the use of federal funds to build roads in the national forest, the board is authorized and empowered to set aside for the purpose and to expend said highway funds on state highways built by the federal government. Such state highway routes are hereby designated and are set forth and described as follows: Route 1. Beginning at a point east of Tecoma at the Utah state line running thence in a westerly direction through the towns of Montello, Cobre, Wells, Deeth, Halleck, Elko, Carlin, Beowawe, Battle Mountain, Golconda, Winnemucca, Imlay, Lovelock, Fernley, and Wadsworth to the city of Reno, thence westerly through the town of Verdi and to the California-Nevada state line. Route 2. Commencing at a point on the dividing line between White Pine County and the State of Utah, thence in a southwesterly direction to the city of Ely; thence westerly passing through the towns of Eureka, Austin, Fallon, and Hazen to a junction with route 1 as herein described at a point between the town of Hazen and the town of Fernley. Route 3. Commencing at the city of Reno; thence running southerly through the city of Carson City; thence westerly to Glenbrook on Lake Tahoe; thence in a southerly direction to the Nevada-California state line at or near Lakeside; beginning again at Carson City thence to the town of Yerington by the most available and practicable route; thence to the northerly end of Walker Lake by the most available and practicable route; thence along the west side of Walker Lake to the town of Hawthorne; thence to and through the towns of Luning, Mina, and Millers to the town of Tonopah; thence southerly to the town of Goldfield; thence westerly by the most practicable and available route to the Nevada-California state line. Route 4. Commencing at the city of Ely and running in a general southwesterly direction to the town of Tonopah. Route 5. Commencing at Goldfield and running south-easterly to Beatty, thence along or over the grade of the Las Vegas and Tonopah Railway to Las Vegas, thence to Searchlight and to a junction with the Arizona or California state highway system. Route 6. Commencing at the Arizona line near Mesquite and running southwesterly over what is now known as the Arrow Head trail through Las Vegas to Jean, Nevada. As soon as funds are available the department of highways shall commence the construction of said routes. |
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κ1919 Statutes of Nevada, Page 25κ
Chap. 16An Act to amend an act entitled An act providing a general corporation law, approved March 16, 1903.
[Approved February 21, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 85 of the above-entitled act, being section 1186 of the Revised Laws of Nevada, is hereby amended so as to read as follows: Section 85. Every corporation incorporated or authorized to transact business in this state shall, within thirty days after its organization and election of directors and officers and within thirty days after every change of its directors or officers or resident agent or location of its principal office in this state, file in the office of secretary of state a certificate of the president and secretary under the seal of the corporation, giving the names of all the directors or trustees and officers, with the date of election or appointment of each, term of office, residence and postoffice address of each, character of his business or occupation, location (giving also street and number if practical) of its principal office in this state, and the name of the resident agent in this state in charge of said office and upon whom process can be served. Foreign corporations shall file said authenticated statement at time of filing certified copy of articles of incorporation with the secretary of state. Every corporation failing to comply with this section shall be liable to a penalty of $100 to the State of Nevada to be collected by the secretary of state and no such corporation failing to comply with this section shall maintain any action in the courts of this state while so in default. |
Corporations must file directors and officers within 30 days after any change, with secretary of state |
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Chap. 17An Act regulating the practice of veterinary medicine, surgery, and dentistry in the State of Nevada; creating the state board of veterinary medical examiners, and defining their duties; providing for the issuing of licenses to practice veterinary medicine, surgery, and dentistry; defining the practice of veterinary medicine, surgery, and dentistry; defining certain misdemeanors; and certain other matters relating thereto.
[Approved February 21, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person to practice veterinary medicine, surgery or dentistry at any place within the State of Nevada after July 1, 1919, without first obtaining a license so to do, as hereinafter provided. Sec. 2. Within thirty days after the passage and approval of this act it shall be the duty of the governor to appoint a state board consisting of three members, which shall be known as the state board of veterinary medical examiners, hereinafter called the board. |
Veterinarian must procure license |
κ1919 Statutes of Nevada, Page 26 (CHAPTER 17)κ
Governor to appoint board of veterinary medical examiners
Members of board to take oath
Meetings of board
Officers
Regular and special meetings
Board to adopt rules
Licenses
Proviso
Regulations for applicants |
of this act it shall be the duty of the governor to appoint a state board consisting of three members, which shall be known as the state board of veterinary medical examiners, hereinafter called the board. The members of the board first appointed shall hold office, one for two years, one for three years, and one for four years, as designated by the governor, after the date of their appointment; thereafter one member shall be appointed annually for the term of three years. In the event of a vacancy occurring in said board, or the absence of any member from the state for a period of six months without permission from the governor, the governor may appoint a person duly qualified under this act to fill the unexpired term. Sec. 3. Each member of said board shall, before entering upon the duties of his office, take the constitutional oath of office, and shall, in addition, make oath that he is a graduate in veterinary medicine, and legally qualified, under the provisions of this act, to practice veterinary medicine, surgery and dentistry in the State of Nevada. Sec. 4. The said board shall meet at Carson City at the call of the governor on the first Monday in May, 1919, and organize by electing from its members a president, vice-president and secretary-treasurer to serve at the pleasure of the board and designating some convenient place within the state as the office of the board. The board shall hold regular meetings at their established office on the first Monday of May and November of each year. Special meetings of the board may be held at the call of the president whenever there is sufficient business to come before the board to warrant such action, at any place most convenient to the board. Two members shall constitute a quorum for the transaction of business. Sec. 5. The board may, from time to time, adopt such rules as it deems necessary to carry into effect the provisions of this act. Said board may examine candidates for license to practice, either in writing or orally, or both, in order to determine their qualifications; and issue licenses based upon the results of such examination; or may license candidates upon the presentation of sufficient proof that they have been licensed elsewhere; provided, that the requirements where such license was issued are at least equal to those herein provided. Any person who desires to secure the license above referred to shall make application in writing to the secretary of the board, accompanied by satisfactory proof that he is more than 21 years of age, of good moral character, has received a diploma conferring the degree doctor of veterinary medicine, or its equivalent, from a veterinary school or college authorized by law to confer such degree, and is possessed of professional and educational qualifications at least equal to those required for a permanent appointment as a veterinary inspector in the bureau of animal industry, United States department of agriculture, before he may be considered as a candidate for such license. |
κ1919 Statutes of Nevada, Page 27 (CHAPTER 17)κ
required for a permanent appointment as a veterinary inspector in the bureau of animal industry, United States department of agriculture, before he may be considered as a candidate for such license. Applicants for license shall pay to the secretary the sum of ten dollars ($10). If an applicant is denied a license, the fee shall not be returned to him. All persons who have engaged in the practice of veterinary surgery and medicine in the State of Nevada for a period of four years or more immediately prior to the passage of this act shall be exempt from taking the above examination and upon proof of such practice of veterinary surgery and medicine in the State of Nevada for a period of four years or more shall be granted a license for the practice of veterinary surgery and medicine within the State of Nevada, upon the payment to the secretary of such board of the sum of ten ($10) dollars. Any member of said board may administer oaths in all matters pertaining to the duties of said board, and the board shall have authority to take evidence as to any matter cognizable by it. Any license issued by the board may be revoked by them upon satisfactory proof that the holder of said license is guilty of unprofessional conduct; gross immorality; habitual drunkenness; or is addicted to the use of habit-forming drugs after full and fair investigation of the charges preferred against the accused. Sec. 6. Every person who may be licensed to practice veterinary medicine, surgery, or dentistry within the State of Nevada shall, before beginning said practice, register his license with the clerk of the county in which he resides. Sec. 7. All money received for licenses shall be held by the treasurer of the board subject to its order. Said money shall be used to meet the expenses of the board for stationery, books of record, blanks and other supplies and actual expenses of members of the board in attendance upon meetings. Members of the board shall serve without compensation, but shall receive their actual expenses in attendance upon meetings or in the transaction of other business of the board, in so far as the money received from licenses is sufficient therefor, but not otherwise. The payment of money from the funds of the board shall be made upon the written order of the president, countersigned by the secretary. Sec. 8. For the purposes of this act the practice of veterinary medicine, surgery or dentistry is defined as follows: To open or maintain an office or hospital for consultation or the treatment or prevention of disease of domesticated animals by means of drugs, medicines, surgical or dental operations, the administration of sera, vaccines or other biological preparations for the treatment, or prevention, or diagnosis of disease, or otherwise; or to announce to the public or any individual in any way a desire or readiness or willingness to perform any of the above-mentioned acts or to perform any of the aforesaid acts for the doing of which he receives or expects to receive any money, fee, salary or any consideration of value. |
Fee for license
Board members may administer oath
License revoked, when
Practitioners must register with county clerk
Treasurer to hold money
No compensation for members
Practice of veterinary medicine defined |
κ1919 Statutes of Nevada, Page 28 (CHAPTER 17)κ
Practice of veterinary medicine defined
Violation of act a misdemeanor |
public or any individual in any way a desire or readiness or willingness to perform any of the above-mentioned acts or to perform any of the aforesaid acts for the doing of which he receives or expects to receive any money, fee, salary or any consideration of value. The illegal use, in connection with his name, by any person giving veterinary advice or performing veterinary services without charge or the expectancy of compensation, directly or indirectly, therefor, of the words doctor, veterinarian, veterinary, veterinary surgeon, veterinary dentist, or the letters Dr., D.V.M., V.D.M., M.D.C., V.S., or any other letters, symbol or title, indicating that such person is graduated from some school or college which is authorized by law to confer such degree, shall be construed as constituting the practice of veterinary medicine, surgery or dentistry, within the meaning of this act. Nothing in this act shall be construed to apply to castrating, dehorning or vaccinating domesticated animals nor to the gratuitous treatment of diseased animals by friends or neighbors of the owner thereof, nor to any person treating diseased animals who does not in any way assume to practice as a veterinary surgeon; or to debar any veterinarian in the employ of the United States government or the State of Nevada from performing official duties necessary for the conduct of the business of the United States government or the State of Nevada upon which he is assigned; or any veterinarian who shall be called into the state for consultation by a person licensed to practice under this act; or any veterinarian resident in an adjoining state, near the boundaries of this state, whose field for practice properly extends to points within this state, so long as the greater portion of his practice is in the state of his residence and he does not open or maintain an office or branch office within this state, and provided that he is licensed to practice veterinary medicine, surgery and dentistry in the state wherein he resides. Sec. 9. Any violation of the provisions of this act shall constitute a misdemeanor. It shall be the duty of the attorney-general of this state and of the district attorneys of the respective counties of this state to prosecute violators of this act when requested by the board so to do. |
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κ1919 Statutes of Nevada, Page 29κ
Chap. 18An Act authorizing and directing the board of county commissioners of Humboldt County, State of Nevada, to issue bonds for the purpose of providing means for the purchase and installation of equipment of manual-training rooms in the present high-school building in the city of Winnemucca, county of Humboldt, State of Nevada, providing for the expenditure of the moneys realized from the sale of such bonds, and providing for the payment of such bonds upon maturity.
[Approved February 21, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Humboldt County, State of Nevada, is hereby authorized and directed under the provisions of this act to issue bonds of said county, bearing interest at the rate of six per centum per annum, in the sum of six thousand dollars, none of which bonds shall run for a period longer than seven years from the first day of July, 1919. Sec. 2. The bonds authorized under the provisions of section 1 of this act shall be issued in the sum of one thousand dollars each. They shall be numbered from 1 to 6, consecutively. They 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 bonds shall be signed by the original or engraved facsimile signature of the county treasurer. The interest on said bonds shall be payable semiannually. Sec. 3. On the first day of July, 1921, and annually thereafter, until and including the first day of July, 1926, one of such bonds, together with the interest thereon, shall be paid and redeemed by the county treasurer of Humboldt County. The payment and redemption of these bonds shall be in order of their issuance, the lowest-numbered bond to be the first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this act shall have been paid and redeemed. Sec. 4. The said bonds shall be advertised for sale by the board of county commissioners of said county for the purpose of raising funds for the objects designated in this act. Before delivery they shall be registered by the county treasurer 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 the said bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. All moneys derived from the sale of such bonds shall be paid to the county treasurer, and said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as the Winnemucca High-School Equipment Fund, and to pay out said moneys in the manner provided by this act for payments from the Winnemucca High-School Equipment Fund and for the purposes provided for in this act. |
Bonds for Humboldt County authorized
Denomination of bonds
Semiannual interest
Redemption of bonds
Bonds advertised for sale |
κ1919 Statutes of Nevada, Page 30 (CHAPTER 18)κ
Winnemucca high-school equipment fund
Duties of Humboldt County board of education
Bids invited
Duties of county commissioners
To levy tax
Winnemucca high-school equipment bond redemption fund
Interest ceases, when
County treasurer liable |
receive and safely keep the same in a fund hereby created and known as the Winnemucca High-School Equipment Fund, and to pay out said moneys in the manner provided by this act for payments from the Winnemucca High-School Equipment Fund and for the purposes provided for in this act. Sec. 5. The board of education of Humboldt County, Nevada, is hereby authorized and directed to use the moneys derived from the sale of said bonds, or such portion thereof as they may deem necessary, for the purchase of materials and installation of equipment for manual-training classrooms in the Winnemucca high-school building; and any balance remaining in such fund after the accomplishment of the said purposes shall be used as a sinking fund for the payment of the interest and principal of the bonds herein authorized; said board shall advertise for bids for the said material and equipment and the installation thereof and let the construction thereof by contract to the lowest responsible bidder; said board shall have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained. Sec. 6. It shall be the duty of the board of county commissioners of Humboldt County to annually levy and assess a special tax on all taxable property of said county, in an amount sufficient to pay the interest accruing on said bonds promptly when due according to the tenor and effect of said bonds, and the county treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him, and shall cause said interest to be always promptly paid at the place of payment specified in the bonds. Commencing in the year 1920, and annually thereafter, until the full payment of said bonds has been made, the board of county commissioners of said Humboldt County shall, at the time of making the levy for taxes for state and county purposes, levy a tax in an amount sufficient to produce the revenue required to redeem and make payment of one of the above-mentioned bonds. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and the county treasurer shall keep the same in a fund hereby created and to be known as the Winnemucca High-School Equipment Bond Redemption Fund, and the money in said fund shall be paid out by the said county treasurer in the payment of the principal of said bonds as they become due, upon the presentation and surrender of said bonds and coupons to the said county treasurer at his office. Sec. 7. Should the holder of any bond or bonds issued under this act, for any cause whatsoever, fail to present the same to the county treasurer for payment when due, all interest thereupon immediately shall cease. Sec. 8. The county treasurer shall be liable on his official bond for the safe-keeping of the moneys which shall come into his possession under the provisions of this act and for the faithful discharge of all his duties hereunder. |
κ1919 Statutes of Nevada, Page 31 (CHAPTER 18)κ
into his possession under the provisions of this act and for the faithful discharge of all his duties hereunder. Sec. 9. 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 thereof shall have been paid in full as in this act provided. |
Faith of state pledged |
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Chap. 19An Act to amend section 54 of an act entitled An act to regulate the settlement of the estates of deceased persons, approved March 23, 1887, the same being section 5910 of the Revised Laws of Nevada, 1912.
[Approved February 21, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 54 of the above-entitled act is hereby amended to read as follows: Section 54. Before letters testamentary or of administration shall be issued to the executor or administrator he shall take and subscribe an oath or affirmation before an officer authorized to administer oaths that he will perform, according to law, the duties of executor or administrator; said oath shall be filed and recorded by the clerk. All duly certified copies of any record or paper in matters of estates shall have the same force and effect in all cases whatsoever as the original papers would have. |
Concerning estates of deceased persons |
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Chap. 20An Act for the relief of Skinney Pascal and others.
[Approved February 21, 1919]
Whereas, On the 21st day of May, 1918, Governor Boyle under authority of law offered a reward of one thousand ($1,000) dollars for the arrest and conviction of Paul Walters, the slayer of Sheriff Mark Wildes of Churchill County, or for the killing of said Walters if resisting such arrest; and Whereas, Said offer was later increased to the sum of five thousand ($5,000) dollars under authority first had from the state board of examiners; and Whereas, Said Walters was killed while resisting arrest; and after hearing all claimants the payment of the said reward has been agreed upon by the claimants, and confirmed and approved as to the share justly due; and Whereas, The appropriation under the subdivision Miscellaneous, for the payment of rewards offered by the governor made for the period 1917-1918 in the sum of two thousand ($2,000) dollars has been sufficient to pay but forty per cent of the amount justly due; and |
Relief of Skinney Pascal and others |
κ1919 Statutes of Nevada, Page 32 (CHAPTER 20)κ
Appropriation, $3,000
Claimants named |
Whereas, Said claims hereinafter to be specified are just and legal claims 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 three thousand ($3,000) dollars is hereby appropriated, out of the moneys in the state treasury not otherwise appropriated, and the state controller is hereby directed to draw his warrant for the balances due the respective claimants hereinafter listed, as shown by the following schedule: Claimant Total reward Paid to date Balance due Skinney Pascal.................................. $680.87 $272.37 $408.50 Joaquin Brown.................................. 370.83 148.33 222.50 H. C. Hoover, Agent......................... 120.00 48.00 72.00 P. H. Wolf, Agent............................. 120.00 48.00 72.00 Stanley Molino.................................. 370.83 148.33 222.50 Frank Rhodes.................................... 370.83 148.33 222.50 Wayne Stoker.................................... 370.83 148.33 222.50 Dave Langford.................................. 370.83 148.33 222.50 M. E. Sanford..................................... 370.83 148.33 222.50 Thos. C. OConnor, Jr...................... 370.83 148.33 222.50 Emory A. Morgan............................. 370.83 148.33 222.50 Dan McLeod...................................... 370.83 148.33 222.50 Lloyd A. Jackson.............................. 370.83 148.33 222.50 Jack Dalton........................................ 370.83 148.33 222.50 ________ ________ ________ $5,000.00 $2,000.00 $3,000.00 And the state treasurer is hereby directed to pay the same. |
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|
Chap. 21An Act to amend an act entitled An act for the advancement of agriculture, horticulture, the livestock industry and home economics, and for the dissemination of knowledge and information in relation thereto, in southern Nevada; creating the Southern Nevada agricultural board and prescribing its duties; providing for cooperative agricultural extension work in southern Nevada by agreement with the agricultural extension division, University of Nevada; making an appropriation therefor; repealing An act to establish an agricultural experiment farm in the southern part of this state and making an appropriation therefor, approved March 2, 1905, and all acts amendatory and supplemental thereto, and for other purposes, approved March 21, 1917.
[Approved February 27, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of said act is hereby amended to read as follows: |
κ1919 Statutes of Nevada, Page 33 (CHAPTER 21)κ
Section 3. For the purpose of carrying out the provisions of this act the sum of five thousand dollars annually or so much thereof as may be necessary is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, and which shall be distributed in pursuance of said budget on claims certified to by the chairman of said board and the director of agricultural extension in the same manner as other claims against the state are paid. |
Appropriation of $5,000 annually for South-eastern agricultural board |
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Chap. 22An Act defining criminal syndicalism, and providing a punishment therefor.
[Approved February 27, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Criminal syndicalism is the doctrine which advocates or teaches crime, sabotage, violence or unlawful methods of terrorism as a means of accomplishing industrial or political reform. The advocacy or teaching of such doctrine, whether by word of mouth or writing, is a felony punishable as in this act otherwise provided. Sec. 2. Any person who- (1) By word of mouth or writing, advocates or teaches the duty, necessity or propriety of crime, sabotage, violence or other unlawful methods of terrorism as a means of accomplishing industrial or political reform; or (2) Prints, publishes, edits, issues or knowingly circulates, sells, distributes or publicly displays any book, paper, document, or written matter in any form, containing or advocating, advising or teaching the doctrine that industrial or political reform should be brought about by crime, sabotage, violence or other unlawful methods of terrorism; or (3) Openly, wilfully and deliberately justifies, by word of mouth or writing, the commission or the attempt to commit crime, sabotage, violence, or other unlawful methods of terrorism with intent to exemplify, spread, or advocate the propriety of the doctrine of criminal syndicalism; or (4) Organizes or helps to organize or becomes a member of, or voluntarily assembles with, any society, group, or assemblage of persons formed to teach or advocate the doctrine of criminal syndicalism; Is guilty of a felony and punishable by imprisonment in the state prison for not more than ten years or by a fine of not more than $5,000, or both. Sec. 3. Whenever two or more persons assemble for the purpose of advocating or teaching the doctrines of criminal syndicalism as defined in this act, such an assemblage is unlawful, and every person voluntarily participating therein by his presence, aid, or instigation is guilty of a felony and punishable by imprisonment in the state prison for not more than ten years or by a fine of not more than $5,000, or both. |
Criminal syndicalism defined
Certain acts declared felonies
Certain assemblages prohibited |
κ1919 Statutes of Nevada, Page 34 (CHAPTER 22)κ
Penalties
Keepers of buildings culpable, when
Penalty |
punishable by imprisonment in the state prison for not more than ten years or by a fine of not more than $5,000, or both. Sec. 4. The owner, agent, superintendent, janitor, caretaker, or occupant of any place, building, or room, who wilfully and knowingly permits therein any assemblage of persons prohibited by the provisions of section three of this act, or who, after the notification that the premises are so used, permits such use to be continued, is guilty of a misdemeanor and punishable by imprisonment in the county jail for not more than one year or by a fine of not more than $500, or both. |
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Concerning escheatable estates
Attorney-general to file information
Citation published, when
Proviso |
Chap. 23An Act to amend section 274 of an act entitled An act to regulate the settlement of the estates of deceased persons, approved March 23, 1897, being section 6131, Revised Laws of Nevada, 1912.
[Approved February 28, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 274 of that certain act entitled An act to regulate the settlement of the estates of deceased persons, approved March 23, 1897, is hereby amended to read as follows: Section 274. Whenever the attorney-general shall be informed, or shall have reason to believe, that any real or personal estate has become escheatable to this state for the reasons specified in the preceding section, or that any such estate has for any other reason become escheatable, it shall be his duty to file an information in behalf of the state in the district court of the county wherein such estate, or any part thereof, is situated, setting forth a description of the estate, the name of the person last lawfully seized, the name of the terre-tenant and persons claiming such estate, if known, and the facts and circumstances in consequence of which said estate is claimed to have become escheated, and alleging that by reason thereof the State of Nevada has by law right to such estate; whereupon, such court shall order that a citation be issued to such person or persons, bodies politic, or corporate, alleged in such information to hold, possess or claim such estate, requiring them to appear and show cause why such estate should not be vested in the State of Nevada, said citation to be made returnable within the time allowed by law in other civil actions. The court may also, if deemed advisable, order the citation to be published in a newspaper published in said county (if any) and, if none, then in some other newspaper in this state; provided, however, that when the residue remaining of any estate mentioned in the preceding section, after the payment of the costs and expenses of administration and creditors claims, |
κ1919 Statutes of Nevada, Page 35 (CHAPTER 23)κ
and expenses of administration and creditors claims, and other expenses, does not exceed the sum or value of five hundred dollars, the proceedings hereinbefore specified for the escheating of such estate to the State of Nevada shall be dispensed with, and the administrator of such estate, or other legal representative of the deceased shall, on the order of the court, pay over or deliver such residue to the county treasurer of the county wherein said estate is being probated or is situated, for the benefit of the State of Nevada, and the receipt or certificate of said county treasurer, evidencing such payment or delivery, shall be filed with the clerk of the district court of the county wherein such estate is being probated or is situated, and upon such filing said administrator, or other legal representative of the deceased, shall be released and discharged from all further liability as to such residue, and upon such payment or delivery to him said county treasurer shall notify the attorney-general of the State of Nevada of the same, and shall pay over or deliver such residue to the state treasurer of the State of Nevada, taking his receipt or certificate therefor, and such payment or delivery shall be subject to all of the provisions of this act concerning the recovery of the same from this state by any person or persons found to be entitled thereto. |
Proceedings dispensed with when estate amounts to but $500
State treasurer to give receipt |
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Chap. 24An Act to amend 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, being section 734 of the Revised Laws of Nevada of 1912, as amended by act approved March 10, 1917.
[Approved February 28, 1919]
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 so as to read as follows: Section 7. Probation Committee. The judge or judges of the district court in and for each county or city and county of the state, and in counties where there is more than one judge of the said court shall, by an order entered in the minutes of the court, appoint five discreet citizens of good moral character and of either sex, to be known as Probation Committee, and shall fill all vacancies occurring in such committee. The clerk of said court shall immediately notify each person appointed upon said committee, and thereupon said person shall appear before the judge of the district court to whom has been assigned all proceedings under this act, and qualify by taking an oath, which shall be entered in said juvenile court record, to faithfully perform the duties of a member of said probation committee. |
Dependent and neglected children
Probation committee, how constituted |
κ1919 Statutes of Nevada, Page 36 (CHAPTER 24)κ
Oath of members
Term of office
No compensation for committee Judge may order investigations
Duties of probation committee
Duties of judge regarding dependent or neglected children |
act, and qualify by taking an oath, which shall be entered in said juvenile court record, to faithfully perform the duties of a member of said probation committee. The members of such probation committee shall hold office for two years, and until their successors are appointed and qualified. When any vacancy occurs in any probation committee otherwise than by expiration of the term of office of any member thereof, his successor shall be appointed to hold office for the unexpired term. Members of the probation committee shall serve without compensation, and shall choose from their members a chairman and secretary. The district court, or any judge thereof, may at any time require of said probation committee or probation officer to examine into the qualifications and management of any society, association or corporation, other than a state institution, receiving or applying for any child or children under this act, and to report thereon to the court. It shall be the duty of each probation committee, prior to the first day of December in each year, to prepare a report in writing on the qualifications and management of all societies, associations and corporations, except state institutions, applying for or receiving any child under this act from the courts of their respective counties, and in such reports said committee may make such suggestions or comments as to them may seem fit, such report to be filed in the office of the clerk of the court appointing such committee for the information of the county commissioners thereof. The probation committee shall also have the control and management of the internal affairs of any detention home, heretofore or hereafter established by the board of county commissioners of their county, such control and management at all times to be subject to the approval of the district court or judge or judges thereof, and it shall be the duty of the board of county commissioners to provide for the payment of such employees as may be needed in the efficient management of such detention home. Dependent and Neglected Children. 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, |
κ1919 Statutes of Nevada, Page 37 (CHAPTER 24)κ
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 the Nevada school of industry, and no child thus committed shall be committed to said school for a longer term than until he or she shall attain the age of twenty-one years, but the board of government of such institutions or school, by its order, may at any time after six months service discharge any child from the institution or school as a reward of good conduct and upon satisfactory evidence of reformation. The board shall have the power to establish rules and regulations under which any child placed in said institution or school may be allowed to go out upon parole outside of the buildings and enclosures, but to remain in the legal custody and under the control of the board of government and subject at any time to be taken back within the enclosures of the institution. Full power to enforce such rules and regulations and to retake and keep any child so upon parole is hereby conferred upon said board, whose written order, certified by its secretary, shall be sufficient warrant for all reasons named therein to authorize any officer to return to actual custody any conditionally released or paroled child; and it is hereby made the duty of all officers to execute such order the same as in ordinary criminal process. |
May be committed to Nevada school of industry
Children paroled, when
Returned to custody, when |
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Chap. 25An Act to amend section 2 of an act entitled An act fixing the compensation of the county officers of Elko County, Nevada, and repealing all acts and parts of acts in conflict herewith, approved March 23, 1917.
[Approved February 28, 1919]
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. From and after the first day of January, A. D. 1921, the district attorney of Elko County, Nevada, shall receive a salary of three thousand ($3,000) dollars per annum for all his services as such officer; he shall have one deputy, who shall receive a salary of fifteen hundred ($1,500) dollars per annum; |
Salary of district attorney and deputy of Elko County |
κ1919 Statutes of Nevada, Page 38 (CHAPTER 25)κ
|
per annum; the district attorney and his deputy shall be allowed their actual expenses while attending to official business connected with the said district attorneys office outside of the county-seat. |
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Salary and fees of Battle Mountain justice of the peace and constable |
Chap. 26An Act fixing and regulating the salary and fees of the justice of the peace and constable of Bald Mountain township, Washoe County, Nevada.
[Approved February 28, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the approval of this act the justice of the peace and the constable of Bald Mountain township, Washoe County, Nevada, shall receive salaries as follows: Justice of the peace, four hundred and eighty dollars per annum, payable in twelve equal installments; constable, seven hundred twenty dollars per annum, payable in twelve equal installments out of the general fund of the county. Sec. 2. In addition to the salaries specified in the preceding section, the said officers shall be entitled to collect and retain the fees now allowed by law in civil cases. |
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Bonds for gymnasium and dormitory in Wells authorized; $12,000
Elko County commissioners to prepare bonds |
Chap. 27An Act to authorize the board of county commissioners of the county of Elko, State of Nevada, to issue bonds to provide for the construction, equipment, and furnishing of a gymnasium and dormitory for the county high school in the town of Wells, Nevada, and authorizing the county board of education of said county to construct, equip, and furnish said building.
[Approved February 28, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Elko County is hereby authorized, empowered, and directed to prepare and issue bonds in said county, such bonds to be issued on or before the first day of June, 1919, for an amount not to exceed twelve thousand ($12,000) dollars, exclusive of interest, for the purpose of providing funds for the construction, equipment, and furnishing of a gymnasium and dormitory for the county high school in the town of Wells in said county. Sec. 2. The board of county commissioners of said Elko County shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated by the seal of the county; coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered, and signed by the chairman of said board and county treasurer. |
κ1919 Statutes of Nevada, Page 39 (CHAPTER 27)κ
ticated 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 county treasurer. Sec. 3. The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act showing the number and date of each bond and to whom issued. Sec. 4. The board of county commissioners of Elko County is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, by advertising for sealed proposals or by private sales, as they may deem for the best interest of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin. Sec. 5. Said bonds shall be each for the sum of one thousand ($1,000) dollars. They shall be numbered consecutively from one to twelve, and the interest on the same shall not exceed six per cent per annum, payable annually, on the first Monday in July of each year, at the office of the county treasurer of said Elko County, and in no case shall said bonds run for a longer period than twelve years. Sec. 6. All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as The Elko County High-School Building Fund, and to pay out said moneys only in the manner now provided by law for the payment from the County High-School Fund, and for the purposes for which the same was received. Sec. 7. The county board of education of Elko County is hereby authorized and directed to use said moneys arising from the sale of said bonds, or such number thereof as they may deem necessary, for the construction, equipment, and furnishing of a gymnasium and dormitory for the county high school in the town of Wells, Nevada, and any balance remaining in said fund, after the completion, equipment, and furnishing of said gymnasium and dormitory building, shall be turned over and converted into the proper fund provided for running and maintaining said high school, in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance, and management of high schools in the various counties of this state. Sec. 8. Said county board of education shall determine as to the character of said building, the materials to be used therefor, and the plans therefor, and when such determination is made, said board shall advertise for bids for the construction of said building and let the construction thereof by contract to the lowest responsible bidder. |
Clerk to keep record
Bonds to be sold for par value; payable in U. S. gold coin
Denomination of bonds; 6 per cent interest
Life limited
Elko County high-school building fund
County board of education to erect and equip buildings
Said board to determine character of materials, etc. |
κ1919 Statutes of Nevada, Page 40 (CHAPTER 27)κ
Payment of bills
Proviso
Boards to act promptly
County treasurer liable
County commissioners to levy tax
County obligated to pay interest
Tax ceases, when |
by contract to the lowest responsible bidder. The laws in force governing contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education shall be paid in the manner now provided by law for paying claims against the County High-School Fund; provided, that no such bills shall be allowed until the plans for said building shall have been approved by the state superintendent of public instruction. Sec. 9. As soon as possible after the passage and approval of this act, or after this act shall become a law, the county board of education of said county and the county commissioners of said county shall thereafter, with all expedient dispatch, proceed to the execution of the purposes of this act. Sec. 10. The county treasurer of said Elko County shall be liable on his official bond for the safe-keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto. Sec. 11. For the 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 Elko County is hereby authorized and required to levy and collect annually a special tax on the assessment value of all property, both real and personal, subject to taxation, within the boundaries of said Elko County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, one of said bonds annually, beginning with the first Monday in July, 1920, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the Elko County High-School Fund. Sec. 12. It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July, 1920, and thereafter on the first day, of July in each and every year, until all of said bonds shall have been redeemed and retired. Sec. 13. Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of the Elko County high schools. 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. |
κ1919 Statutes of Nevada, Page 41 (CHAPTER 27)κ
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. |
Duties of county treasurer and county auditor
Interest to cease, when
Faith of state pledged |
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Chap. 28An Act to amend an act entitled An act relating to cattle, horses, and hogs, and regulating such stock, creating a state board of stock commissioners, defining their duties, and matters properly relating thereto, approved March 26, 1915, and all acts amendatory thereof and supplementary thereto.
[Approved February 28, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the act entitled An Act relating to cattle, horses, and hogs, and regulating such stock, creating a state board of stock commissioners, defining their duties, and matters properly relating thereto, approved March 26, 1915, is hereby amended to read as follows: Section 2. The state board of stock commissioners, hereinafter called the board, shall consist of three (3) members, all of whom shall be experienced stockmen, no two of whom shall be from the same county, said members to be appointed by the governor, and to hold office for four years, and until their successors are duly appointed and qualified, except as herein provided. Each of said commissioners, before entering upon the duties of his office, shall take and subscribe to the constitutional oath of office and enter into a bond with at least two sureties in the penal sum of twenty-five hundred dollars ($2,500), payable to the State of Nevada, and conditioned for the faithful performance of the duties of his office, which bond shall be approved by the governor, and filed in the office of secretary of state. The members of the board shall each receive for their services three hundred dollars ($300) per annum and actual transportation expenses while in discharge of their duties. Said salary and expenses shall be paid from the state treasury. Each member of said board shall be a qualified elector of the county from which he is chosen, and must reside during his term of office within the state. |
Stock commission act amended
Board, how composed
Oath Bond
Salary |
κ1919 Statutes of Nevada, Page 42 (CHAPTER 28)κ
Quarterly meetings
Proviso
Terms of commissioners
Officers of board
Rules to conform to U. S. regulations
Board to inspect, quarantine and condemn infected animals
Powers of state quarantine officer
Board to enforce all rules regarding diseased animals
Said animals destroyed, when |
board shall be a qualified elector of the county from which he is chosen, and must reside during his term of office within the state. Said board must hold meetings quarterly, and oftener if requested by any member of the board; provided, that upon the termination of the term of office of the persons now constituting said board, that the governor shall appoint three persons as members of said board, the terms of such appointments and the appointees to serve on said board for the period of two, three, and four years, respectively, as indicated in the appointments; that thereafter the members shall be appointed and serve for a term of four years as herein provided. Sec. 2. Section 3 of said act is hereby amended to read as follows: Section 3. Subdivision A. The board shall elect one of its members president, and is empowered to make rules and regulations for governing itself, and for the enforcement of the provisions of this act, and shall have control of all matters pertaining to the cattle, horse, and hog industry. It may, in conjunction with the state quarantine officer, adopt on behalf of the state rules and regulations of the United States bureau of animal industry relating to the control and suppression of disease in said stock, and to cooperate with the officers of said bureau in the enforcement of such rules and regulations. The board is granted and has full authority and power for the inspection, quarantine, and condemnation of cattle, horses and hogs affected with any infectious or contagious diseases, and is authorized and empowered to enter upon any ground or premises of this state for the purpose of enforcing the inspection, quarantine and condemnation laws of this state. The board is authorized to give the state quarantine officer, or his representatives or his agents, duly approved by the board, or any other person or persons, full authority and power for the inspection, quarantine, and condemnation of cattle, horses, or hogs affected with any infectious or contagious disease, and is authorized and empowered to enter upon any ground or premises of this state for the purpose of enforcing the inspection, quarantine and condemnation laws and all the rules, regulations, and orders of this board. Subdivision B. The board may make, execute, and enforce such rules, regulations, and other measures as it considers necessary for the control and eradication of infectious or contagious diseases of the animals under its jurisdiction which constitute a menace to the health of live stock or human beings within the state; provided, said rules, regulations, and other measures shall be approved by the state quarantine officer before becoming effective. Upon recommendation of the state quarantine officer the board may order and have destroyed any animals or animal under its jurisdiction infected with or exposed to any infectious or contagious disease a menace to other stock or human beings. |
κ1919 Statutes of Nevada, Page 43 (CHAPTER 28)κ
jurisdiction infected with or exposed to any infectious or contagious disease a menace to other stock or human beings. The board shall, out of the funds at its disposal, compensate the owner or owners of any stock so destroyed either separately or jointly with any county or municipality of the state or the bureau of animal industry of the United States department of agriculture, the amount of such compensation to be determined by appraisal before the affected stock is destroyed, this appraisal to be made by the state quarantine officer or a properly qualified agent designated by him and the owner or owners or their authorized representative. In the event of their failure to arrive at an agreement the two so selected shall designate some disinterested party, who, by reason of experience in such matters is a qualified judge of livestock values, to act with them. The judgment of any two of these appraisers shall be binding and final upon all parties; provided, that the total amount received by the owner or owners of stock so destroyed, including compensation paid by the board, any county or municipality or the bureau of animal industry of the United States department of agriculture, or any livestock insurance company, the salvage received from the sale of hides or carcasses or any other source, combined, shall not exceed 75 per cent of the actual appraised value of the destroyed stock, due allowance being made in such appraisement for their reduced value, owing to disease; provided further, that any individual or corporation purchasing any live stock which was at the time of purchase under quarantine by any state, county or municipal authorities or the bureau of animal industry of the United States department of agriculture legally empowered to lay such quarantine, or who purchases any which due diligence and caution would have shown to be diseased or which have been shipped or transported in violation of the rules and regulations of the bureau of animal industry of the United States department of agriculture, or the State of Nevada, shall not be entitled to compensation and the board may order their destruction without making any compensation to the owner; and provided further, no payment shall be made hereunder as compensation for or on account of any such animal destroyed if at the time of inspection or test of such animal or at the time of the ordered destruction thereof, it shall belong to or be upon the premises of any person, firm, or corporation to which it has been sold, shipped, or delivered for the purpose of being slaughtered; and provided further, that in no case shall any payment hereunder be more than $75 for any grade animal or more than $200 for any pure-bred animal, and no payment shall be made unless the owner has complied with all quarantine rules and regulations of the board. Subdivision C. The board shall have power to order the state quarantine officer to have inspected or quarantined any stock in the state infected with, suspected of being or which have been exposed to a contagious or infectious disease a menace to human beings or other live stock, compel treatment at such times and as often as he deems necessary to insure the suppression of disease. |
Owners of said animals compensated
How value fixed
Value limited
No payment, when
Limitation of compensation |
κ1919 Statutes of Nevada, Page 44 (CHAPTER 28)κ
Suspected animals may be compelled to take treatment
Owners to disinfect corrals, etc.
Notice to be published
Office of board
Executive officer to be appointed
Additional duties of stock commission
Biennial report |
state quarantine officer to have inspected or quarantined any stock in the state infected with, suspected of being or which have been exposed to a contagious or infectious disease a menace to human beings or other live stock, compel treatment at such times and as often as he deems necessary to insure the suppression of disease. The board may divide the state into such districts as may be necessary for the enforcement of this act. The state quarantine officer shall, upon direction of the board, quarantine and compel the cleaning and disinfection of any corrals or place where stock is handled, and when owners or persons in charge of such corrals fail or refuse to clean and disinfect such places or corrals the board shall have the power to clean and disinfect them, the expense of which shall be paid by the owner or person in charge, and shall be a lien on such place or corral until the expense is paid. All general orders, rules, or regulations made as herein provided and applying to the entire state, a county or a district, must be published at least twice in some newspaper having general circulation in the county or district affected by the order, which shall constitute a legal notice of the order made upon all stockmen owning or having in charge cattle, horses, or hogs. Subdivision D. The board shall maintain an office at some point within this state to be determined by the board. The cost of maintenance of such office shall be paid from the state treasury in the same manner as the salaries and expenses of state officers are paid. Subdivision E. The board may appoint an executive officer to exercise and enforce all rules and regulations of the board and the provisions of this act when the board is not in session; provided, said executive officer, when an emergency demands and the board is not in session, may exercise all the powers and functions of the board. Such executive officer shall be one of the members of the board or the state quarantine officer. Subdivision F. The board shall fix the rate of tax to be levied, as provided for in section four of this act, at any regular or special meeting of the board, and shall send notice of the same to the county commissioners of the several counties of the state on or before the first day of March of each year. The board shall audit all bills of salaries and expenses incurred in the enforcement of this act that may be payable from the stock inspection fund, and, if found correct, shall certify the same to the state controller, who shall draw a warrant on the state treasury in favor of the parties entitled thereto. The board shall make a report in writing to the governor on or before the 15th day of January, biennially, giving a statement of the transactions of the board, the facts relating to the condition of the stock industry of this state, and the state printer shall print said report for distribution by the board the same as similar reports, and without charge. |
κ1919 Statutes of Nevada, Page 45 (CHAPTER 28)κ
distribution by the board the same as similar reports, and without charge. Sec. 3. Section 4 of said act is hereby amended to read as follows: Section 4. The board of county commissioners, at the time of the annual levy of taxes, must, at the request of the board, levy the rate of tax recommended by the board, not to exceed six (6) mills on the dollar per annum, on all cattle, horses, and hogs assessed in their respective counties, according to the assessed valuation of the same, the said tax to be collected as other taxes, and paid to the state treasurer, who must keep the same in a separate fund to be known as the stock inspection fund. The board may invest any surplus or reserve money in said fund in United States, state, or county bonds of Nevada, such bonds to bear interest at a rate of not less than four per cent (4%) per annum; the state treasurer may, with the approval of the state board of examiners, deposit all reserve funds not so invested with banking corporations of the State of Nevada, upon the filing of approved securities, at a rate of interest of not less than three per cent (3%) per annum. All revenue derived from interest on such funds and bonds to be collected by the state treasurer and deposited in the stock inspection fund account. Sec. 4. Section 15 of said act is hereby repealed. Sec. 5. Section 19 of said act is hereby amended to read as follows: Section 19. The board may take all necessary and lawful steps, procure all necessary and lawful process for the attendance of witnesses, and employ counsel to assist in the prosecution of any person charged with stealing cattle, horses, or hogs for violating the laws of the state for the protection of the rights and interests of owners of live stock, under the jurisdiction of this board, and also to advise and assist in the administration of this act, the cost and compensation thereof to be paid out of the funds of the commission. The board may also offer a standing reward or a reward for each class of stock included under this act, of not to exceed $500, for information leading to the arrest and conviction of each person engaged in stealing cattle, horses, or hogs, the reward to be paid to the person or persons giving the information leading to the arrest and conviction of such person or persons immediately upon the conviction of and imprisonment in the state prison of the person or persons so arrested. The board shall make such further conditions and rules in connection with offering said rewards and the payments thereof as it may deem proper. Sec. 6. There is hereby added to said act a section to be known as section 19 1/2, to read as follows: Section 19 1/2. The word horse or horses, wherever used or employed in this act, shall mean and be construed to mean and include mules, jackasses, jennets, and what are usually called horses. |
Tax for stock inspection fund
Fund may be invested
Repeal
Board may prosecute stock thieves
Board may offer rewards for apprehension of stock thieves
Horse defined |
κ1919 Statutes of Nevada, Page 46 (CHAPTER 28)κ
Each section of act independent |
used or employed in this act, shall mean and be construed to mean and include mules, jackasses, jennets, and what are usually called horses. Sec. 7. There is hereby added to said act a section to be known as section 22, to read as follows: Section 22. Each section of this act and every part of each section is hereby declared to be independent sections and parts of sections, and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect nor shall it affect any other section or any part thereof. |
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Appropriation for eradication of rabies and noxious animals; $35,000
In effect |
Chap. 29An Act to amend section 2 of an act entitled 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 United States department of agriculture, approved March 8, 1917.
[Approved March 6, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the act of the legislature entitled and approved as aforesaid, is hereby amended to read as follows: Section 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 the fiscal years 1919 and 1920, from any moneys in the state treasury not otherwise appropriated. The proceeds of the ad valorem tax heretofore levied or collected shall be placed in a special fund in the state treasury for the purpose provided and pursuant to this act. All claims against said fund and appropriation shall be approved by the chairman and secretary of said commission and by the state board of examiners. Sec. 2. This act shall take effect immediately upon its passage and approval. |
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Salaries of Clark County officers |
Chap. 30An Act to amend an act to regulate the salaries of certain county officials of Clark County, approved March 16, 1915.
[Approved March 7, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-mentioned act is hereby amended to read as follows: Section 1. From and after April 1, 1919, the sheriff of Clark County shall receive a salary of twenty-four hundred ($2,400) dollars per annum, payable in twelve equal installments of two hundred ($200) dollars each month and such commissions as are now allowed by law, |
κ1919 Statutes of Nevada, Page 47 (CHAPTER 30)κ
Clark County shall receive a salary of twenty-four hundred ($2,400) dollars per annum, payable in twelve equal installments of two hundred ($200) dollars each month and such commissions as are now allowed by law, not to exceed in the aggregate the total compensation of three thousand dollars per annum, including actual traveling expenses necessarily incurred in civil and criminal cases when it becomes necessary to travel a greater distance than ten miles from the county-seat. He shall appoint a deputy sheriff, who shall act as jailer, at a compensation not to exceed one hundred and fifty ($150) dollars per month. The sheriff may, subject to the approval of the board of county commissioners, appoint necessary deputy sheriffs at a compensation not exceeding one hundred dollars each per month, each of said so appointed deputy sheriffs to give such bond as may be required by the sheriff, or by the board of county commissioners. The county recorder and auditor shall receive a compensation of twenty-one hundred ($2,100) dollars per annum, and the board of county commissioners may allow him such thoroughly competent deputies, at a salary not to exceed one hundred ($100) dollars per month, as in their judgment the volume of the work in his office may require. All fees paid into the recorder and auditors office shall belong to the county. The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of one hundred and fifty ($150) dollars per month. The county assessor shall receive a salary of one hundred and fifty ($150) dollars per month, and ten cents per mile actually traveled while in the performance of his duties. The district attorney shall receive a salary of one hundred and fifty ($150) dollars per month, which shall be full compensation for all services rendered, and in addition thereto all necessary traveling expenses while in the performance of his duties. The county treasurer shall receive a salary of twenty-one hundred ($2,100) dollars per annum. The chairman of the county commissioners shall receive seventy-five ($75) dollars per month, and the other members of the board of county commissioners shall receive fifty ($50) dollars per month, and each commissioner shall be entitled to ten cents per mile for mileage while traveling upon the business of the county to and from meetings of the board. |
Sheriff
Deputies
Recorder and auditor
Fees to go to county
Clerk
Assessor
District attorney
Treasurer
County commissioners
Mileage |
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Chap. 31An Act making an appropriation for the payment of rewards offered by the governor.
[Approved March 7, 1919]
Whereas, The legislature of the State of Nevada, at its twenty-eighth session, to carry out the provisions of sections 1831 and 3905, Revised Laws of Nevada, appropriated the sum of two thousand ($2,000) dollars for the payment of rewards offered by the governor; and |
|
κ1919 Statutes of Nevada, Page 48 (CHAPTER 31)κ
Deficiency in 1917 appropriation for rewards
Appropriation, $5,000 |
1831 and 3905, Revised Laws of Nevada, appropriated the sum of two thousand ($2,000) dollars for the payment of rewards offered by the governor; and Whereas, On account of certain occurrences during the year 1918 such appropriation was exhausted; and Whereas, An emergency exists for a new appropriation for payments of rewards to be offered by the governor; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five thousand ($5,000) dollars is hereby appropriated, out of any moneys in the general fund of the treasury not otherwise appropriated, for the payment of the rewards to be offered by the governor of the State of Nevada. |
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Towns with less than 250 voters cannot be incorporated
Such present towns automatically disincorporated
Towns disincorporated in future
Automatic operation of this law |
Chap. 32An Act relating to the incorporation of cities and towns and providing for the automatic disincorporation thereof in certain cases and other matters relating thereto.
[Approved March 10, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That no city or town in this state shall be organized into an incorporated city or town unless the whole number of votes cast by electors residing within the limits of such city or town for justice of the supreme court at the general election last preceding the application for incorporation was more than two hundred and fifty (250) votes. Sec. 2. If the whole number of votes cast for justice of the supreme court at the last preceding general election, by electors residing within the limits of any incorporated city or town, was less than two hundred and fifty (250) votes, such city or town shall be and is disincorporated from and after the passage and approval of this act. Sec. 3. If the whole number of votes cast in the future for justice of the supreme court at any general election by electors residing within the limits of any incorporated city or town shall be less than two hundred and fifty (250) votes, such city or town shall be disincorporated from and after the first Monday in March next succeeding such general election. Sec. 4. The disincorporations mentioned in this act shall operate without further act or enactment from any source whatsoever. Sec. 5. Whenever any city or town shall become disincorporated by the force of this act, the board of county commissioners of the county wherein such city or town is situated shall immediately establish a special district identical in boundaries and territory with the disincorporated city or town and shall proceed to wind up the affairs of the late corporation; to dispose of its property; to make provision for the payment of all indebtedness thereof and for the performance of its contracts and obligations, and shall levy such taxes from time to time against the property within such special district as may be requisite therefor. |
κ1919 Statutes of Nevada, Page 49 (CHAPTER 32)κ
shall immediately establish a special district identical in boundaries and territory with the disincorporated city or town and shall proceed to wind up the affairs of the late corporation; to dispose of its property; to make provision for the payment of all indebtedness thereof and for the performance of its contracts and obligations, and shall levy such taxes from time to time against the property within such special district as may be requisite therefor. Such taxes shall be collected by the county treasurer like other taxes and paid out under the orders of the board of county commissioners, and any surplus shall be paid into the school fund for the school district where the same is levied and all property remaining shall revert to such school district, which is hereby empowered to enforce all claims and to have the use of all property so vesting. If there shall be any debt or outstanding bonds of any disincorporated city or town the board of county commissioners shall provide for the payment of the principal and interest of the same substantially in the time, manner, and form provided by law or ordinance touching the same at the time of disincorporation, substituting the district established in lieu of the city or town disincorporated. Sec. 6. All books, documents, records, papers, and corporate seal of any disincorporated city or town shall be deposited with the county clerk of the county wherein such city or town may be and all court records shall be deposited with the nearest justice of such county, who shall execute and complete all unfinished business. Sec. 7. All expenses arising out of disincorporation under the force of this act shall be chargeable against the special district to be established and shall be paid as other indebtedness of such district is paid. Officials and officers whose offices are abolished shall have a claim for one months salary or compensation dating from the date of disincorporation. Sec. 8. From and after the taking effect of this act all cities and towns disincorporated by the force thereof shall lose all corporate existence, and any of their pretended corporate acts and the acts of any of their pretended corporate officers or agents shall be of no effect, null and void. Sec. 9. It shall be lawful for any governing board of any incorporated city or town in this state to cause to be filed in the office of the secretary of state and in the office of the attorney-general its declaration that such city or town is and remains duly incorporated according to law. If such declaration be not substantially true the attorney-general shall immediately proceed according to law to establish or disprove the right of such city or town to act as an incorporated city or town. It shall also be the duty of the attorney-general to consult the official records from time to time and to advise the secretary of state, in writing, declaring the date when any incorporated city or town shall be and become disincorporated by the force of this act, and the secretary of state shall keep such advices in writing on file and of record in his office; provided, however, that nothing in this section shall be deemed to provide any condition affecting the taking effect of this act or in any manner postponing the same. |
County commissioners to wind up affairs of such disincorporated towns
Records of such towns, how preserved
Expenses provided for
Such towns lose all corporate existence
Governing board of city or town may act
Duties of attorney-general |
κ1919 Statutes of Nevada, Page 50 (CHAPTER 32)κ
Proviso
Act mandatory Repeal |
shall keep such advices in writing on file and of record in his office; provided, however, that nothing in this section shall be deemed to provide any condition affecting the taking effect of this act or in any manner postponing the same. Sec. 10. This act is mandatory except where the contrary clearly appears. Sec. 11. All acts and parts of acts in conflict herewith are hereby repealed. |
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Relief of deputy superintendents of public instruction
Items of relief named |
Chap. 33An Act for the relief of certain persons.
[Approved March 10, 1919]
Whereas, Bertha C. Knemeyer, James V. Comerford, George E. McCracken, B. G. Bleasdale and George E. Anderson were the duly appointed, qualified and acting deputy superintendents of public instruction of the State of Nevada of the first, second, third, fourth, and fifth supervision districts, respectively, during the year 1916; and Whereas, The legislature of the State of Nevada, at its twenty-seventh session appropriated, for the years 1915 and 1916, the sum of $1,000 for the traveling expenses of the deputies for the first and third supervision districts, the sum of $1,500 for the traveling expenses of each of the deputies for the second, fourth, and fifth supervision districts, and the sum of $650 for the office expenses of each of said deputies of the first, second and third district, and the sum of $800 for the office expenses of each of said deputies for the fourth and fifth districts; and Whereas, The total amounts of such appropriations were expended in the performance of the duties of the respective offices, and in addition thereto it was necessary for said deputy superintendents to expend from their own funds, in order to properly perform the duties of their offices, the following sums of money:
Bertha C. Knemeyer.............................. $67.22 $235.35 $302.57 District No. 2- James V. Comerford................................ 73.77 349.33 423.10 District No. 3- George E. McCracken............................. 33.92 285.62 319.54 District No. 4- B. G. Bleasdale.................................................. 135.40 135.40 District No. 5- George E. Anderson......................................... 90.65 90.65 ________ _______ ________ A total of.................................................... $174.91 $1,096.35 $1,271.26; and
Whereas, All of the said amounts so expended were previously duly authorized by the heads of the educational department, and deficiencies thereupon legally created; and Whereas, Claims for the payment of said deputy superintendents for the amounts so necessarily expended by them from their own money in the proper conduct of their official work have been duly presented to, examined and allowed by the state board of examiners, and all are just and legal claims against the state; now, therefore, |
κ1919 Statutes of Nevada, Page 51 (CHAPTER 33)κ
from their own money in the proper conduct of their official work have been duly presented to, examined and allowed by the state board of examiners, and all 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 one thousand two hundred seventy-one dollars and twenty-six ($1,271.26) cents is hereby appropriated out of any money in the general fund of the state treasury not otherwise appropriated, which said sum shall be paid as follows: To Bertha C. Knemeyer, the sum of three hundred two dollars and fifty-seven ($302.57) cents; To James V. Comerford, the sum of four hundred twenty-three dollars and ten ($423.10) cents; To George E. McCracken, the sum of three hundred nineteen dollars and fifty-four ($319.54) cents. To B. G. Bleasdale, the sum of one hundred thirty-five dollars and forty ($135.40) cents. To George E. Anderson, the sum of ninety dollars and sixty-five ($90.65) cents. The state controller is hereby directed to draw his warrants in favor of the above-named persons for the amounts set opposite their names, totaling $1,271.26, and the state treasurer is hereby directed to pay the same. |
Appropriation, $1,271.26
Persons named
Duties of controller and treasurer |
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Chap. 34An Act relating to the compilation, printing, and distribution of lists of registered motor vehicles.
[Approved March 10, 1919]
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 secretary of state to compile quarterly a list of registered motor vehicles, which shall be arranged numerically or alphabetically, and to contain the name of every owner, with his place of residence, together with the license number and make of all such vehicles. The list so prepared shall be printed by the state printer, and the secretary of state shall distribute printed copies thereof without charge to the various officials whose duties are connected with the enforcement of the license tax of motor vehicles. Sec. 2. The state printer shall print five hundred (500) copies of the list prepared pursuant to section 1 of this act, and the said copies shall be delivered by him to the secretary of state for free distribution. The cost of said printing shall be paid from the automobile expense fund. |
Secretary of state to issue quarterly lists of registered motor vehicles
Five hundred copies to be printed; paid for from auto expense fund |
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κ1919 Statutes of Nevada, Page 52κ
Relief of Matthew Kyle
Appropriation, $86.66 |
Chap. 35An Act for the relief of Matthew Kyle.
[Approved March 10, 1919]
Whereas, In the month of May, 1917, the white cook at the Nevada school of industry was ill and unable to attend to her duties; and Whereas, In such emergency the then superintendent of the Nevada school of industry, Matthew Kyle, not being able to find a white person to take the place of said cook, employed a Chinese cook at fifty dollars per month and paid said Chinese cook wages for the month of May, 1917; and Whereas, On presentation of the claim for such Chinese cooks salary to the board of examiners of the State of Nevada, the said claim was rejected by the said board of examiners under the provisions of Revised Laws, 3483, prohibiting the employment of Chinese and Mongolians in any public work or in or about any buildings, institutions, or grounds under the control of this state; and Whereas, Before the said Matthew Kyle was advised of rejection of said claim by the said board of examiners, the said Chinese cook had continued working twenty-two days in the month of June, 1917, and there was thirty-six dollars and sixty-six cents more due him under said employment; and Whereas, Said sum of eighty-six dollars and sixty-six cents was paid by said Matthew Kyle to said Chinese cook out of his own funds; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of $86.66 is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, for the relief of said Matthew Kyle. Sec. 2. The state controller is hereby authorized and directed to draw his warrant for said sum in favor of said Matthew Kyle, and the state treasurer is hereby directed to pay the same. |
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|
Chap. 36An Act to amend section 14 of an act entitled An act establishing a state institution for delinquent boys, providing for the purchase of a site, erection of buildings, organizing the government of said school, and providing for the maintenance thereof, and creating a tax levy to raise funds for such purposes, approved March 26, 1913.
[Approved March 10, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 14 of the above-entitled act is hereby amended so as to read as follows: |
κ1919 Statutes of Nevada, Page 53 (CHAPTER 36)κ
Section 14. When the premises are ready for occupancy, the governor shall make due proclamation thereof. Thereafter it shall be lawful for the courts to commit to said institution those boys whom they have found to be delinquents as provided by law, and when any commitment is thus issued under the provisions of this act the child thus committed, together with the warrant of the judge and the order of commitment, shall be delivered to the sheriff of the county and by him to the superintendent of the Nevada school of industry, who shall convey or cause to be conveyed under his order said child to the Nevada school of industry. |
Relating to Nevada school of industry |
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Chap. 37An Act appropriating three hundred dollars for watering and care of the Grand Army cemetery at Carson City, and providing funds for the purchase of flags for decorating the graves therein.
[Approved March 10, 1919]
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, and providing funds for the purchase of flags for decorating the graves therein. Sec. 2. Annually on the first Mondays in September, 1919 and 1920, 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 claims 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. |
For care of G. A. R. cemetery at Carson City; $300
How paid
Duties of controller and treasurer |
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Chap. 38An Act to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 10, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 785 of the above-entitled act, being section 5727 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows: |
|
κ1919 Statutes of Nevada, Page 54 (CHAPTER 38)κ
Amending civil practice act
Form of justice court summons
When published, what summons must show
Time for appearance When forthwith
When five days; when ten; when twenty |
section 5727 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows: Section 785. The summons shall be substantially in the following form: In the justices court of .. township of county, State of Nevada. A. B., plaintiff, vs. C. D., defendant. Summons. The State of Nevada sends greeting to said defendant: You are hereby summoned to appear before the undersigned at his office in said township within five days after service upon you of this summons, if served in the township or city in which the action is brought, or within ten days if served out of the said township or city, but within said county, or within twenty days if served elsewhere, exclusive of the day of service, and defend the above-entitled action. ............................................................................................................. , Dated................................................... . Justice of the Peace. When service of the summons is made by publication, the summons shall also contain a concise statement of the facts constituting the plaintiffs cause of action. If the plaintiff appears by attorney, the name of the attorney must be endorsed upon the summons. Sec. 2. Section 786 of the above-entitled act, being section 5728 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows: Section 786. The time specified in the summons for the appearance of the defendant must be as follows: 1. If an order of arrest be endorsed upon the summons forthwith. 2. In all other cases, the summons must contain a direction that the defendant must appear and defend the action within five days, if the summons be served in the township, or city, in which the action is brought; within ten days, if served out of township, or city, but in the county in which the action is brought, and within twenty days, if served elsewhere. |
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Concerning estates of deceased persons; compensation |
Chap. 39An Act to amend an act entitled An act to regulate the settlement of the estates of deceased persons, approved March 23, 1897, being section 5943, Revised Laws of Nevada, 1912.
[Approved March 10, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 87 of the above-entitled act is amended to read as follows: Section 87. For the purpose of making the appraisement, the court or judge shall appoint not more than three disinterested persons who shall be entitled to a reasonable compensation for their services, to be allowed by the court. This compensation as allowed shall be in the form of a bill of items for their services, including all necessary disbursements, which shall be sworn to by them, and filed at the same time as the inventory. |
κ1919 Statutes of Nevada, Page 55 (CHAPTER 39)κ
compensation as allowed shall be in the form of a bill of items for their services, including all necessary disbursements, which shall be sworn to by them, and filed at the same time as the inventory. The compensation shall not exceed five dollars per day each, and may be paid out of the estate at any time. The inventory shall include all the estate of the deceased wherever situated; provided, that where any estate consists of money, deposits in banks, bonds, policies of life insurance or securities for money or evidence of indebtedness, when the same is equal in value to money, the court or judge shall not appoint appraisers, but shall record the value of the same in the minutes of the court. |
Inventory
Proviso; no appraisers, when |
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Chap. 40An Act to amend sections ten and thirteen of an act entitled An act supplemental to and to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, approved March 16, 1915.
[Approved March 10, 1919]
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. The several periods of time specified in this act may be enlarged upon good cause shown by the court, any justice of the supreme court, judge, referee, or judicial official, or by stipulation of the parties. Sec. 2. Section 13 of An act supplemental to and to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, approved March 16, 1915, is hereby amended to read as follows: Section 13. Within ten (10) days after the transcript of the record on appeal has been filed in the supreme court, the party or parties appealing shall serve upon the adverse parties and file with the clerk of the supreme court an assignment of errors, which assignment shall designate generally each separate error, specifying the lines or folios, and the pages of the record wherein the same may be found. Any error not assigned shall not be considered by the supreme court. If the party fails to file such assignment within the time limited, no error shall be considered by the supreme court. The assignment of errors herein provided for shall be typewritten or printed, paged, and the lines or folios numbered, and the appellant shall furnish three copies thereof for filing in the supreme court. |
Amending civil practice act
Periods of time extended, how
Concerning service of assignment of errors, on appeal to supreme court
Form of said assignments of errors |
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κ1919 Statutes of Nevada, Page 56κ
Amending civil practice act Filing and service of verified cost bill
Retaxing the cost |
Chap. 41An Act to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, being section 5387 of the Revised Laws of Nevada.
[Approved March 10, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 445 of said act, the same being section 5387 of the Revised Laws of Nevada, is hereby amended to read as follows: Section 445. The party in whose favor judgment is rendered, and who claims his costs, must deliver to the clerk, and serve a copy upon the adverse party, within five days after the verdict or notice of the decision of the court or referee, or such further time as the court or judge may grant, a memorandum of the items of his costs and necessary disbursements in the action or proceeding, which memorandum must be verified by the oath of the party, or his attorney or agent, or by the clerk of his attorney, stating that to the best of his knowledge and belief the items are correct, and that the disbursements have been necessarily incurred in the action or proceeding. He shall be entitled to recover the witness fees, although at the time he may not actually have paid them. Issuance or service of subpena shall not be necessary to entitle a prevailing party to tax, as costs, witness fees and mileage, provided that such witnesses be sworn and testify in the cause. It shall not be necessary to embody in the memorandum the fees of the clerk, but the clerk shall add the same according to his fees fixed by statute. Within three days after service of a copy of the memorandum, the adverse party may move the court, upon two days notice, to retax and settle the costs, notice of which motion shall be filed and served on the prevailing party claiming costs. Upon the hearing of the motion the court or judge in chambers shall settle the costs. |
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Repeal |
Chap. 42An Act to repeal section 9 of an act entitled An act to provide for the commission form of government for cities and towns, approved March 22, 1915.
[Approved March 10, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9 of the above-entitled act is hereby repealed. |
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κ1919 Statutes of Nevada, Page 57κ
Chap. 43An Act for the relief of the Reno National Bank of Reno, Nevada.
[Approved March 10, 1919]
Whereas, The appropriation for the support of the state fish commission, made at the twenty-eighth session of the legislature of the State of Nevada proved insufficient, for the reason that out of said appropriation said state fish commission was compelled to pay bills to the amount of about twenty-five hundred ($2,500) dollars contracted and left unpaid by the predecessor in the office of said state fish commission, and also by reason of the fact that after the taking over of the railroads of the country by the United States government the said state fish commission was compelled to pay charges for transportation not anticipated when said appropriation was made; and Whereas, From time to time the Reno National Bank of Reno, Nevada, to save the credit of the said state fish commission, advanced money to take up warrants issued against said fund, and there is due said Reno National Bank on account of said transactions the sum of three hundred and forty-eight ($348) dollars; and Whereas, The claim therefor has been audited, examined, allowed, and approved by the state board of examiners of the State of Nevada, and the same is a just 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 three hundred and forty-eight ($348) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, and the state controller is hereby directed to draw his warrant in favor of said Reno National Bank for the said sum, and the state treasurer is hereby directed to pay the same. |
Relief of Reno National Bank
Appropriation, $348 |
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Chap. 44An Act for the relief of T. C. Hart.
[Approved March 10, 1919]
Whereas, The Honorable T. C. Hart, district judge of the Eighth judicial district, brought in his claim for traveling expenses for the last quarter of the year 1918, amounting to one hundred and seventy-one and 93/100 ($171.93) dollars after the appropriation therefor had reverted; and Whereas, The said claim has been examined, allowed, and approved by the state board of examiners, and 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 one hundred and seventy-one and 93/100 ($171.93) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the payment of said claim. |
Relief of Judge T. C. Hart |
κ1919 Statutes of Nevada, Page 58 (CHAPTER 44)κ
Appropriation, $171.93 |
and 93/100 ($171.93) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the payment of said claim. Sec. 2. The state controller is hereby authorized and directed to draw his warrant in favor of the said T. C. Hart for the said sum of one hundred and seventy-one and 93/100 ($171.93) dollars, and the state treasurer is hereby directed to pay the same. |
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Governor to submit state budget to legislature
What budget shall embrace
Duties of governor in regard to budget |
Chap. 45An Act providing for a state budget.
[Approved March 10, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Within twenty days after the convening of the state legislature the governor shall submit a budget for the two ensuing fiscal years. Said budget shall contain a complete plan of proposed expenditures and estimated revenues for the ensuing biennium. Accompanying said budget shall be a statement showing the revenues and expenditures for the two fiscal years next preceding; the current assets, liabilities, reserves, and surplus or deficit of the state; the debts and funds of the state; an estimate of the states financial condition as of the beginning and end of the biennium covered by the budget; and any explanation the governor may desire to make as to the important features of the budget and any suggestions as to methods for the reduction or increase of the states revenue. Said budget shall embrace an itemized estimate of the appropriations for the state legislature as certified to the governor by the president of the senate and the speaker of the assembly; for the executive department; for the judiciary department; to pay and discharge the principal and interest of the debt of the State of Nevada; for the salaries payable by the state under the constitution and laws of the state; and for such other purposes as are set forth in the constitution and laws of the state; and for all other appropriations. The governor shall deliver to the presiding officer of each house the budget, and a bill for all the proposed appropriations of the budget, clearly itemized and classified; and the presiding officer of each house shall promptly cause said bill to be introduced, therein. The governor may, before final action thereon by the state legislature, amend or supplement the budget to correct an oversight, or in case of an emergency, with the consent of the state legislature, by delivering such amendment or supplement to the presiding officers of both houses; and such amendment or supplement shall thereby become a part of said budget bill as an addition to the items in said bill or as a modification of or substitute for any item in said bill such amendment or supplement may affect. |
κ1919 Statutes of Nevada, Page 59 (CHAPTER 45)κ
the items in said bill or as a modification of or substitute for any item in said bill such amendment or supplement may affect. The state legislature may not alter said bill except to strike out or reduce items therein; provided, however, appropriations necessary for the payment of interest or principal due on the public debt shall not be reduced or eliminated; and provided further, that the salary or compensation of any public officer shall not be increased or decreased during his term of office. Neither house shall consider any other appropriation, except an emergency appropriation for the immediate expense of the state legislature, until the budget has been finally acted upon by both houses. Every appropriation in addition to that provided for in the budget shall be embodied in a separate act and shall be limited to some single work, object or purpose therein stated. No supplementary appropriation shall be valid if it exceeds the amount in the state treasury available for such appropriation, unless the legislature making such appropriation shall provide the necessary revenue to pay such appropriation by a tax, direct or indirect, to be laid and collected as shall be directed by the state legislature, provided, that such tax shall not exceed the rates permitted under the constitution of Nevada. This provision shall not apply to appropriations to suppress insurrections, defend the state, or assist in defending the United States in time of war. The governor, for the purpose of making up said budget, shall have the power, and it shall be his duty, to require from the proper state officials, including all heads of executive and administrative departments and state institutions, bureaus, boards, commissions, and agencies expending or supervising the expenditures of state moneys and all institutions applying for state moneys and appropriations, such itemized estimates and other information in such form and at such times as he may direct. The estimate for the legislative department, as certified by the presiding officers of both houses, shall be included in the budget without revision by the governor. The governor may provide for hearings on all estimates and may require the attendance at such hearings of representatives of state departments and institutions and of other institutions or individuals applying for state appropriations. The governor may in his discretion revise all estimates, except those relating to the legislative department, those providing for the payment of the principal and interest of the state debt, and for the salaries and expenditures specified by the constitution and laws of the state. The total appropriations made and expenditures authorized by the budget must not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing biennium, which estimate shall be furnished the governor by the state auditor at least six months prior to the convening of the state legislature in regular session. |
Legislature may not alter budget; exceptions and provisos
State budget has preference over all other appropriations except for legislative expenses
Governor to call for estimates from all state departments
Legislative department
Governor may revise estimates submitted
Appropriations limited |
κ1919 Statutes of Nevada, Page 60 (CHAPTER 45)κ
Invalid items not to affect general budget Appropriations of 1919 not affected Repeal |
biennium, which estimate shall be furnished the governor by the state auditor at least six months prior to the convening of the state legislature in regular session. If any item in the budget as enacted shall be held invalid upon any ground, such invalidity shall not affect the budget itself or any other item in it. Providing, however, that no act appropriating money passed by the twenty-ninth session of the legislature shall be affected by this repeal. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. |
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Concerning coroners
Coroners jury of three persons
Oath of jurors |
Chap. 46An Act to amend an act entitled An act creating coroner districts, making the justices of the peace ex officio coroners, prescribing their duties and compensation, and repealing all acts and parts of acts in conflict with the provisions of this act, approved March 15, 1909.
[Approved March 10, 1919]
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, and being section 7544 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows: Section 3. When a justice of the peace, acting as coroner, or his deputy, has been informed that a person has been killed, or committed suicide, or has suddenly died under such circumstances as to afford reasonable ground to suspect that the death has been occasioned by unnatural means, he shall go to the place where the body is and summon three persons qualified by law to serve as jurors, to appear before him forthwith at the place where the body is, to inquire into the cause of the death. Sec. 2. Section 5 of the above-entitled act, and being section 7546 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows: Section 5. When the jurors attend, they shall be sworn by the justice of the peace, acting as coroner, or deputy, to inquire who the person was, and when, where and by what means he came to his death, and into the circumstances attending his death, and to render a true verdict thereon according to the evidence. |
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κ1919 Statutes of Nevada, Page 61κ
Chap. 47An Act to provide for a Frances Willard memorial day.
[Approved March 10, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Frances Willard Day. September 28 of each year shall be, and is hereby set apart and designated, as Frances Willard day, and in every public school in the State of Nevada one-half of the school day on said date shall be set apart for instruction and appropriate exercises relative to the history and benefits of prohibition of the manufacture of narcotics and sale of intoxicating liquors in the United States; and provided, that in any year September 28 shall fall upon a day of the week which is not a school day, then the school day nearest that date shall be taken in lieu of September 28. It shall be the duty of all state, county, and school district officers and all public-school teachers of the state to carry out the provisions of this act. |
Frances Willard day established
Appropriate school exercises |
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Chap. 48An Act to provide for the compensation of the adjutant-general of Nevada.
[Approved March 11, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The adjutant-general of the State of Nevada shall receive a salary of twelve hundred ($1,200) dollars per annum, for the years 1919 and 1920, payable in equal monthly installments, in the same manner as other state officers are paid; said salary shall be paid by the state treasurer out of any money in the state treasury not otherwise specifically appropriated. |
Salary of adjutant-general for 1919 and 1920 $1.200 per year |
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Chap. 49An Act authorizing the public service commission of Nevada to make and enforce rules and regulations and standard for construction and maintenance of service appliances of public utilities.
[Approved March 11, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The public service commission of Nevada is authorized and directed to prescribe the standards for the erection, maintenance, use, and operation of electric poles, wires, cables, and appliances of all public utilities within the state, engaged in the business of furnishing electric power, light, and energy in Nevada. |
Public service commission to prescribe certain standards |
κ1919 Statutes of Nevada, Page 62 (CHAPTER 49)κ
Penalty for violation
Repeal |
Sec. 2. Any person, any public utility, or any officer or agent of any public utility, who shall violate any rule, regulation, or order made pursuant to the authority granted in section 1 of this act shall be liable to a penalty not exceeding the sum of five hundred ($500) dollars. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. |
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Eureka Nevada Railway may lease its road |
Chap. 50An Act authorizing the Eureka Nevada railway, a corporation organized and existing under the laws of the State of Utah, to lease its road and equipment to any other railroad company or to an individual.
[Approved March 11, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Eureka Nevada railway, a corporation organized and existing under the laws of the State of Utah, and owning a railroad between Eureka and Palisade, in the county of Eureka, is hereby authorized and empowered to lease its road and equipment to any other railroad company or to an individual. |
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Gratuity to Mrs. Grace M. Wildes
Appropriation of $5,000, to be paid in monthly installments |
Chap. 51An Act to appropriate five thousand dollars for the relief and benefit of Grace M. Wildes.
[Approved March 11, 1919]
Whereas, Mark L. Wildes, while serving as sheriff of Churchill County, State of Nevada, lost his life in the patriotic performance of his duty in an effort to capture a slacker who was within the draft law of the United States; and Whereas, The State of Nevada is proud of the bravery and loyalty displayed by the said sheriff and is desirous of doing something in behalf of his dependents; and Whereas, It is the policy of the state to compensate for death or injury to those engaged in hazardous undertakings or employments; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of compensating Grace M. Wildes, widow of Mark L. Wildes, and for the relief and benefit of herself and minor children, there is hereby appropriated the sum of five thousand dollars, out of any moneys in the state treasury not otherwise appropriated, for Grace M. Wildes, the said sum of five thousand dollars ($5,000) to be paid to said Grace M. Wildes in monthly installments, of one hundred dollars ($100) each until said five thousand dollars ($5,000) has been paid; |
κ1919 Statutes of Nevada, Page 63 (CHAPTER 51)κ
dollars ($5,000) has been paid; provided, however, the said monthly installments shall cease in the event the national government shall make a provision for the benefit of said Grace M. Wildes, or in the event said Grace M. Wildes shall marry, and the state controller is hereby directed to draw the warrants in favor of said Grace M. Wildes as aforesaid, and the state treasurer is hereby directed to pay the same. |
Proviso |
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Chap. 52An Act to regulate the salary of the constable of Argenta township, Lander County, Nevada.
[Approved March 11, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this act, the board of county commissioners of Lander County are hereby authorized and directed to appropriate from the treasury of said county and pay to the regularly elected, or appointed, constable of Argenta Township of said county, the sum of $150 monthly as a salary, which shall be compensation in full for all services rendered; provided, that in traveling outside of said county on criminal cases he may be allowed his necessary expenses, but in no event shall said constable charge or collect any fees for services by him rendered to the State of Nevada, or to Lander County. Sec. 2. The regularly elected, or appointed, constable shall pay into the county treasury each month all moneys collected by him as fees. It is further provided that no salary shall be allowed to said constable until after he shall have filed with the clerk of said board of county commissioners a sworn statement in writing of all fees collected by him in both civil and criminal cases during the month for which said salary is asked, and pay the same to the county treasurer. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
Salary of constable of Argenta township; Lander County
All fees paid into county treasury
Repeal |
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Chap. 53An Act fixing and regulating the salary and fees of the justice of the peace and constable of Verdi township, county of Washoe, Nevada.
[Approved March 11, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the approval of this act the justice of the peace and the constable of Verdi township, Washoe County, Nevada, shall receive salaries as follows: Justice of the peace, nine hundred ($900) dollars per annum; constable, seven hundred and twenty ($720) dollars per annum, each payable in twelve equal installments out of the general fund of the county. |
Salary of justice of peace and constable of Verdi township, Washoe County |
κ1919 Statutes of Nevada, Page 64 (CHAPTER 53)κ
Civil fees retained |
each payable in twelve equal installments out of the general fund of the county. Sec. 2. In addition to the salaries specified in the preceding section, the said officers shall be entitled to collect and retain the fees now allowed by law in civil cases. |
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Salary of justice of the peace of Mina township, Mineral County Civil fees retained; criminal fees paid to county |
Chap. 54An Act fixing and regulating the salary and fees of the justice of the peace in Mina township, Mineral County, Nevada.
[Approved March 11, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the approval of this act the justice of the peace of Mina township, Mineral County, Nevada, shall receive a salary of fifty dollars per month, payable on the first Monday of each month, and the county commissioners shall order a warrant drawn for the same at their first monthly meeting of each month. Sec. 2. The legal fees in this office from all criminal cases shall be paid to the county treasurer for the county, and all legal fees in the civil cases shall be given to the justice of the peace. |
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Bonds authorized for schoolhouse at Palisade
County commissioners to issue bonds in sum of $3,000 |
Chap. 55An Act authorizing the board of county commissioners of Eureka County to issue bonds for the construction of a schoolhouse and equipment thereof at the town of Palisade in said county.
[Approved March 11, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Eureka County is hereby authorized, empowered, and directed to prepare and issue bonds of said county, such bonds to be issued on or before the first day of June, 1919, for the sum of three thousand ($3,000) dollars, exclusive of interest, for the purpose of providing funds for the construction of a schoolhouse in the township of Palisade of said county (upon a site to be chosen by the board of school trustees of Palisade school district No. 5), and for equipping and furnishing said building. Sec. 2. The board of county commissioners of said Eureka 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. |
κ1919 Statutes of Nevada, Page 65 (CHAPTER 55)κ
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 county 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 Eureka County is hereby authorized to negotiate the sale of said bonds, by advertising for sealed proposals or by private sales for 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 interest thereon shall be payable in like gold coin. Sec. 5. Said bonds shall be numbered consecutively from one to thirty (30), both inclusive, and shall be redeemable at the rate of six (6) every year, and the interest on 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 Eureka County. Said bonds shall be each for the sum of one hundred ($100) 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 Palisade School District No. 5 Fund, and to pay out said moneys only in the manner now provided by law and for the purpose for which same were received. Sec. 7. The board of trustees of Palisade school district No. 5 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 Palisade school district No. 5, 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 the 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 the state. Sec. 8. Said board of trustees of Palisade school district No. 5 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, |
County clerk to keep record
Bids for bonds to be advertised for
Preference given to State of Nevada
Redemption of bonds
Denomination
Treasurer to receive all money from sale of bonds
Palisade school trustees to construct and equip school building
Bids for construction to be advertised for |
κ1919 Statutes of Nevada, Page 66 (CHAPTER 55)κ
Proviso regarding payments
Site to be selected by school trustees
County treasurer liable
County commissioners to annually levy tax in said school district
Redemption of bonds
Sinking fund
Special tax, when |
contracts by boards of county commissioners are hereby made applicable to, and the same shall govern the action of the board of trustees of Palisade school district No. 5 in carrying out the provisions of this act. All demands and bills contracted by said board of trustees of Palisade school district No. 5 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 deputy superintendent of public instruction. Sec. 9. As soon as possible after the passage and approval of this act, or become a law, the board of trustees of Palisade school district No. 5 shall proceed to select an appropriate site for said school building in the township of Palisade, in said county, and the board of trustees of said Palisade school district shall thereafter, with all expedient dispatch, proceed to the execution of the purpose of this act. Sec. 10. The county treasurer of said Eureka 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 Eureka 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 assessed valuation of all property, both real and personal, subject to taxation, within the boundaries of said Palisade school district No. 5, until said bonds and 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, six (6) of said bonds every year, beginning on the first day of July, 1921, 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 Palisade School District No. 5 Bond Sinking Fund; provided, however, that if the amount of the tax levied upon the property within the said Palisade school district No. 5 shall at any time be 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 Eureka 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, within the boundaries of said Eureka County and continue such levy from year to year to meet any deficit which may occur in said Palisade school district No. 5 bond sinking fund, and the faith and credit of Eureka 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. |
κ1919 Statutes of Nevada, Page 67 (CHAPTER 55)κ
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 said county and on its proper officers to pay in full the accrued interest on said bonds beginning the first day of July, 1919, 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 Palisade school district No. 5. 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
County obligated to pay interest
Tax ceases, when
Duties of county treasurer and county auditor
Interest ceases, when
Faith of state pledged |
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Chap. 56An Act to amend sections one, four, twelve, and fourteen of an act entitled An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation, and providing a penalty for the violation of its provisions, and other matters relating thereto, approved March 24, 1915, as amended and approved March 23, 1917.
[Approved March 13, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above-entitled act is hereby amended to read as follows: Section 1. There is hereby created the office of labor commissioner of the State of Nevada, and one member of the Nevada industrial commission, other than the chairman, shall be designated by the governor to act as ex officio labor commissioner. |
|
κ1919 Statutes of Nevada, Page 68 (CHAPTER 56)κ
One member of Nevada industrial commission to be labor commissioner; salary as such labor commissioner, $1,500
Stenographic and clerical help, $1,500
Statistical assistance, $300
Duties of labor commissioner
Printing to be done in state printing office
Appropriation, $10,000 |
missioner of the State of Nevada, and one member of the Nevada industrial commission, other than the chairman, shall be designated by the governor to act as ex officio labor commissioner. Said commissioner shall receive as compensation for his services as labor commissioner a salary of fifteen hundred ($1,500) dollars per annum, payable in monthly installments out of the state treasury of Nevada as other salaries are paid. Said commissioner may employ stenographic or clerical help not to exceed fifteen hundred ($1,500) dollars per annum, and statistical assistance not to exceed three hundred ($300) dollars per annum. Said labor commissioner shall be entitled to receive from the state, when travel is necessary in the performance of his official duty, reimbursement for the actual cost of transportation to points within the state over the shortest usually traveled route, and such other expenses as are allowed to other state officers. Sec. 2. Section 4 of said act is hereby amended to read as follows: Section 4. Said commissioner shall inform himself of all laws of the state for the protection of life and limb in any of the industries of the state, all laws regulating the hours of labor, the employment of minors, the payment of wages, and all other laws enacted for the protection and benefit of employees; and it shall be the duty of said labor commissioner to enforce all labor laws of the State of Nevada, the enforcement of which is not specifically and exclusively vested in any other officer, board or commission, and whenever after due inquiry he shall be satisfied that any such law has been violated he shall present the facts to the district attorney of the county in which such violation occurred, and it shall be the duty of such district attorney to prosecute the same. Sec. 3. Section 12 of said act is hereby amended to read as follows: Section 12. All forms, blanks, envelopes, letterheads, circulars, bulletins and reports required to be printed by said labor commissioner shall be printed at the state printing office in the same manner and under the same regulations which are specified in an act entitled An act to designate and authorize the work to be done in the state printing office, approved March 5, 1909. Sec. 4. Section 14 of said act is hereby amended to read as follows: Section 14. For the purpose of carrying out the provisions of this act there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of ten thousand ($10,000) dollars. All salaries and expenses enumerated in this act, except the expenses of printing at the state printing office and the providing of properly furnished offices at the capitol, shall be paid from the appropriations made for the salaries and support of the office of labor commissioner. |
κ1919 Statutes of Nevada, Page 69 (CHAPTER 56)κ
priations made for the salaries and support of the office of labor commissioner. |
|
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Chap. 57An Act to amend section two of an act entitled An act in relation to the state library, approved February 14, 1865.
[Approved March 14, 1919]
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 in relation to the state library, approved February 14, 1865, is hereby amended to read as follows: Section 2. The state library shall be under the control of a commission to be known as the state library commission, which shall consist of the chief justice and the associate justices of the supreme court. The said state library commission shall appoint a state librarian, who shall hold office at the pleasure of the commission. The state librarian shall qualify according to law, and give a bond to the State of Nevada for the faithful performance of his duties in the sum of five thousand dollars. The state librarian shall be paid a salary of two thousand four hundred dollars per annum, payable in equal monthly installments, as other state officers are paid. The state librarian, shall appoint an assistant, who shall be approved by the state library commission, and shall receive a salary of fifteen hundred dollars per annum, payable in equal monthly installments as other, state officers are paid. The state librarian shall be responsible for the safekeeping of all the property of the state library, and shall cause all books, maps, charts, pamphlets, and other documents thereof to be impressed with the proper stamp or seal, after the same has been procured. The state library commission may adopt rules and regulations for the government of the state library. |
State library commission-members of supreme court
State librarian to give bond, $5,000; salary, $2,400
Assistant; salary, $1,500
Rules and regulations |
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Chap. 58An Act to amend section one of an act entitled An act to amend sections one, two, three, and nine of an act entitled An act to restrict and license glove contests between man and man, and to repeal all other acts in conflict therewith, approved January 29, 1897, approved March 22, 1913.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended so as to read as follows: Section 1. Any male person over the age of twenty-one years may procure a license for an exhibition in a public place for any contest or exhibition with gloves between white men, and the weight of the gloves used in said contest or exhibition shall not be less than four ounces; |
Legalizing glove contests, between white men, of not more than 25 rounds |
κ1919 Statutes of Nevada, Page 70 (CHAPTER 58)κ
Provisos
Passed over governors veto-Assembly certificate
Passed over governors veto-Senate certificate |
exhibition shall not be less than four ounces; provided, such contest or exhibition may be for a wager or reward; and provided further, such contest or exhibition shall not continue beyond a period of twenty-five rounds; provided, that the chief of the state police and the sheriff of the county or their representatives in which any boxing contest shall be held shall be present at the ringside and see that no brutality is shown; and provided further, that not more than one license shall be issued for any boxing contest in any county on the same date.
State of Nevada, Assembly Chamber, March 15, 1919. This is to certify that Assembly Bill No. 37-An act to amend section one of an act entitled An act to amend sections one, two, three, and nine of an act entitled An act to restrict and license glove contests between man and man, and to repeal all other acts in conflict therewith, approved January 29, 1897, approved March 22, 1913-passed the Assembly on the third day of March, A. D. 1919, notwithstanding the objections of the governor, by the following vote: Yeas, 25; nays, 10; absent, 2. D. J. Fitzgerald, J. H. Caustin, Speaker of the Assembly. Chief Clerk of the Assembly.
State of Nevada, Senate Chamber, March 15, 1919. This is to certify that Assembly Bill No. 37-An act to amend section one of an act entitled An act to amend sections one, two, three, and nine of an act entitled An act to restrict and license glove contests between man and man, and to repeal all other acts in conflict therewith, approved January 29, 1897, approved March 22, 1913-passed the Senate on the sixth day of March, A. D. 1919, notwithstanding the objections of the governor, by the following vote: Yeas, 11; nays, 4; absent, 0; not voting, 0. Maurice J. Sullivan, R. A. McKay, President of the Senate. Secretary of the Senate. |
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κ1919 Statutes of Nevada, Page 71κ
Chap. 59An Act to amend section fifty-nine of an act entitled An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of state engineer and other offices connected with the appropriation, distribution, and use of water; prescribing the duties and powers of the state engineer and other officers, and fixing their compensation; prescribing the duties of water users, and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties, and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineers office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith; and to repeal all acts and parts of acts in conflict with this act, repealing an act to provide for the appropriation, distribution, and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, and assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also repealing an act amendatory of a certain act entitled An act to provide for the appropriation, distribution, and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties, and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners, and defining their duties, approved February 26, 1907, and to provide a fee system for the certification of the records of, and an official seal for the state engineers office, and other matters relating thereto, approved February 20, 1909.
[Approved March 15, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fifty-nine of the above-entitled act is hereby amended so as to read as follows: Section 59. Any corporation authorized to do business in this state, or any citizen of the United States, or any person who has legally declared his intention to become such, over the age of twenty-one years, desiring to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall, before performing any work in connection with such appropriation, change in place of diversion or change in manner or place of use, make an application to the state engineer for a permit to make the same; provided, that any person under the age of twenty-one years who has served or shall hereafter serve in the army of the United States during the present emergency, shall be entitled to the same rights hereunder as others over twenty-one years of age possess; provided further, that no assignment of any water permit or application shall be valid for any purpose unless made to one authorized hereunder to acquire the same in the first instance. |
Legalized corporations, U. S. citizens, and aliens who have filed intention, to procure water permits from state engineer |
κ1919 Statutes of Nevada, Page 72 (CHAPTER 59)κ
Minors who served in U. S. army during present emergency entitled to same rights Assignment of water right illegal, when
Limitation of use of water; individual domestic use
What application must contain
Further requirements
Power purposes
Municipal or domestic use Mining
Watering animals |
person under the age of twenty-one years who has served or shall hereafter serve in the army of the United States during the present emergency, shall be entitled to the same rights hereunder as others over twenty-one years of age possess; provided further, that no assignment of any water permit or application shall be valid for any purpose unless made to one authorized hereunder to acquire the same in the first instance. No application shall be for the water of more than one source to be used for more than one purpose; provided, however, that individual domestic use may be included in any application with the other use named. Each application for a permit to appropriate water shall contain the following information: (a) The name and postoffice address of the applicant, and if the applicant be a corporation, the date and place of incorporation. (b) The name of the source from which the appropriation is to be made. (c) The amount of water which it is desired to appropriate, expressed in terms of cubic feet per second, except in application for permit to store water, where the amount shall be expressed in acre-feet. (d) The purpose for which the application is to be made. (e) A substantially accurate description of the location of the place at which the water is to be diverted from its source, and if any of such water is to be returned to the source, a description of the location of the place of return. (f) A description of the proposed works. (g) The estimated cost of such works. (h) The estimated time required to construct said works, and the estimated time required to complete the application of the water to beneficial use. (j) The signature of the applicant or his properly authorized agent. In addition to the foregoing, the application shall contain, if for irrigation purposes, except in case of application for permit to store water, the number of acres to be irrigated and a description by legal subdivisions, where possible, of the lands to be irrigated; if for power purposes, the vertical head under which the water will be applied, the location of the proposed power-house, and, as near as may be, the use to which the said power is to be applied; if for municipal supply, or for domestic use, the approximate number of persons to be served, and the approximate future requirements; if for mining purposes, the proposed method of applying and utilizing the water; if for stock-watering purposes, the approximate number and character of animals to be watered; if for any purpose contemplating the storage of waters, in addition to the information required in applications naming the said purpose, it shall give the dimensions and location of the proposed dam, the capacity of the proposed reservoir and a description of the land to be submerged by the impounded waters. |
κ1919 Statutes of Nevada, Page 73 (CHAPTER 59)κ
the proposed dam, the capacity of the proposed reservoir and a description of the land to be submerged by the impounded waters. Every application for permit to change the place of diversion, manner of use or place of use of water already appropriated, shall contain such information as may be necessary to a full understanding of the proposed change as may be required by the state engineer. All applications for permit shall be accompanied or followed by such maps and drawings and such other data as may hereafter be prescribed by the state engineer, and such accompanying data shall be considered as part of the application. |
Dam and reservoir
State engineer may require full information |
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Chap. 60An Act to amend an act entitled An act to provide for the appointment of guardians and to prescribe their duties, approved March 11, 1899; being section 6155, Revised Laws of Nevada, 1912.
[Approved March 15, 1919]
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. Before the order appointing any person guardian under this act shall take effect, and before letters shall issue, the person or persons so appointed shall take and subscribe the official oath, to be endorsed on the letters, and shall give bond to the minor or minors in such sum as the court may order, with at least two sufficient sureties to be approved by the court or judge, and conditioned that the guardian shall faithfully execute the duties of his or her trust according to law; and the following conditions shall be deemed to form a part of such bond without being expressed therein: First-To make a full and true inventory of all the estate, real and personal, of the ward, and have the same appraised by three disinterested persons, to be appointed by the court or judge; and to return and file in the clerks office within twenty days after qualifying such inventory and appraisement under oath. Second-To manage all such estate according to law and for the best interest of the ward, and to discharge faithfully his or her trust in relation thereto, and also in relation to the care, custody, and education of the ward. Third-To render under oath a true account of the property, estate, and moneys of the ward, and all proceeds or interest derived therefrom, and of the management and disposition of the same, within one year after appointment, and annually thereafter, and at such other time as the court may direct. |
Guardians to take official oath and give bond
Conditions of guardians bonds; appraisers |
κ1919 Statutes of Nevada, Page 74 (CHAPTER 60)κ
Letters of guardianship
Substantial form of letters of guardianship
No bonds; when
Same
No appraisers, when |
Fourth-At the expiration of his trust, to settle his or her final account with the court or with the ward if of legal age, or his or her legal representative, and to pay over all moneys, and deliver all the estate and effects remaining in his or her hands or justly chargeable to the guardian on such settlement, to the person or persons lawfully entitled thereto. Upon filing such bonds, duly approved by the district judge, and taking the oath of office as aforesaid, the clerk shall issue letters of guardianship to the person or persons appointed. Letters of guardianship may be substantially in the following form: (After properly entitling court and cause.) Whereas, By order of said court herein made and entered on the day of ., I, , was (or were, as the case may be) appointed guardian of the (person and estate, or either, as the case may be) of , minor; and, whereas, the said has (or have, as the case may be) duly qualified according to law, these letters are hereby issued to ., as such guardian. Witness my hand and the seal of said court, this day of . ............................................... , Clerk. Provided, If a person is appointed in a will to be guardian without bonds, the court may direct letters to issue to such on taking and subscribing the oath of office. Provided further, That if there are no assets of said ward no bonds shall be required of the guardian. Provided further, That where any estate consists of money, bonds, bank deposits, policies of life insurance, or securities for money, or evidence of indebtedness, when the same is equal to money, the court or judge shall not appoint any appraisers, but shall record the value of the same in the order appointing the guardian. |
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Ponds, etc., of poisonous liquids to be fenced |
Chap. 61An Act to compel the fencing or safeguarding of poisonous solutions and compounds, providing damages for injury resulting from failure to comply and matters relating thereto.
[Approved March 17, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who shall maintain, dump, turn or flow or cause to be maintained, turned or flowed, any solution, compound, waste, water, or anything of a liquid nature poisonous or injurious to or which might or does kill live stock, into an open ditch, cut, flume, pond, reservoir or any place unless such ditch, cut, flume, pond, reservoir or place is inclosed by fence or otherwise safeguarded sufficiently to prevent live stock gaining access thereto shall be liable for all damages caused by or the result of said act or acts. |
κ1919 Statutes of Nevada, Page 75 (CHAPTER 61)κ
liable for all damages caused by or the result of said act or acts. Sec. 2. Any person violating section 1 of this act or who fails to properly inclose and safeguard any solution, compound, waste, water, or anything of a liquid nature injurious to or which might or does kill live stock, maintained, dumped or flowed by him, shall be liable to the owner of live stock affected for all damages, the result of his failure to inclose and safeguard the said solution, compound, waste, water, or anything of a liquid nature, together with costs of suit and counsel fees in a reasonable amount, to be fixed by the court trying an action therefor. Sec. 3. The words person and persons, as used in this act, mean and shall be construed to mean and include person, persons, individuals, firm, company, copartnership, an association, a corporation, and the plurals of each. Sec. 4. This act shall be in full force and effect on and after June 1, 1919. Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed. |
Penalties
Words defined
In effect June 1, 1919 Repeal |
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Chap. 62An Act creating and organizing the county of Pershing out of a portion of Humboldt County, and providing for its government, and to regulate the affairs of Humboldt County and Pershing County.
[Approved March 18, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county of Pershing is hereby erected out the following territory, to wit: All of that portion of Humboldt County as now constituted, lying west and south of a line drawn as follows, to wit: Beginning at a point where the 7th standard parallel north crosses the westerly boundary line of Humboldt County; thence east along said 7th standard parallel north to the point of intersection of said parallel with the range line between townships twenty-eight (28) and twenty-nine (29) east; thence south along said range line to the corner of townships thirty-four (34) and thirty-five (35) north, ranges twenty-eight (28) and twenty-nine (29) east; thence east along the township parallel between townships thirty-four (34) and thirty-five (35) north to the corner of townships thirty-four (34) and thirty-five (35) north, ranges thirty-eight (38) and thirty-nine (39) east; thence south along the range line between ranges thirty-eight (38) and thirty-nine (39) east to the corner of townships thirty-two (32) and thirty-three (33) north, ranges thirty-eight (38) and thirty-nine (39) east; thence east along the township parallel between townships thirty-two (32) and thirty-three (33) north to the corner of townships thirty-two (32) and thirty-three (33) north, ranges forty-one (41) and forty-two (42) east; thence south along the range line between townships forty-one (41) and forty-two (42) east to the point of intersection of said range line with the boundary line between Humboldt and Lander Counties. |
Pershing County established; description by metes and bounds |
κ1919 Statutes of Nevada, Page 76 (CHAPTER 62)κ
Lovelock to be county-seat
Governor to appoint first board of county commissioners
Said board to organize within 10 days after appointment
One commissioner to perform all duties of clerk
County commissioners to appoint officers of Pershing County |
between townships thirty-two (32) and thirty-three (33) north to the corner of townships thirty-two (32) and thirty-three (33) north, ranges forty-one (41) and forty-two (42) east; thence south along the range line between townships forty-one (41) and forty-two (42) east to the point of intersection of said range line with the boundary line between Humboldt and Lander Counties. Sec. 2. The place known officially as Lovelock, being the city and postoffice of Lovelock, is hereby designated and made the county-seat of Pershing County, at which place shall be erected and maintained the county and judicial offices and the necessary county buildings. Sec. 3. It shall be the duty of the governor, within ten days after this act shall have taken effect, to appoint three citizens of the United States; who are also citizens of the State of Nevada, and residents of Pershing County, to serve as a board of county commissioners for said Pershing County, the same as if duly elected to such office, until their successors are chosen, and until said successors shall enter upon the duties of their office. Sec. 4. Such board of county commissioners of Pershing County shall, within ten days after the appointment, meet at some suitable place selected by them in said city of Lovelock, and, after severally taking the official oath, duly organize by electing one of their number as chairman, and by appointing a clerk of said board, who shall not be one of their number. Sec. 5. Such clerk so appointed shall take an oath faithfully to perform his duties, and shall immediately proceed to make and keep official record of all proceedings of said board of county commissioners of Pershing County; shall receive and file all papers and instruments intended for consideration of said board, shall countersign all orders and proceedings of the board, and shall serve or cause to be served all orders of the board. He shall retain his position until a duly appointed or elected county clerk of Pershing County shall qualify and enter upon the duties of his office. He shall deliver to his successor all books and papers held by him as such clerk, and shall receive such compensation as may be allowed to him by said board of county commissioners of Pershing County. Sec. 6. Said board of county commissioners shall, within ten days after their organization, as aforesaid, appoint from the legal citizens of Pershing County, to be officers of said Pershing County until their respective successors shall enter regularly upon their duties, the following officials, namely: A sheriff, who shall also be county assessor; a county recorder, who shall also be county auditor; a county clerk, who shall also be county treasurer, clerk of the district court, and clerk of the board of county commissioners; a district attorney; a county surveyor, and a public administrator. |
κ1919 Statutes of Nevada, Page 77 (CHAPTER 62)κ
And the said officers so appointed shall, within ten days, qualify and enter upon the duties of their respective offices. Sec. 7. Said board of county commissioners shall make provision for a suitable place in the city of Lovelock to be known, designated and used as the county courthouse of Pershing County, and shall make provision for such offices, furniture, appliances, books, stationery and supplies as are suitable and necessary for the use of said county officers and for the proper conduct of all county business, which said business shall be transacted at the place designated as the county courthouse of Pershing County until such courthouse shall have been permanently established, after which all county business shall be transacted at the county courthouse. Sec. 8. All fees collected by each of the aforesaid county officers of Pershing County, except the county surveyor and public administrator, shall be by them paid into the county treasurer each month. Sec. 9. The said officers of Pershing County shall receive the following compensation, to wit: The sheriff and assessor shall receive eighteen hundred dollars ($1,800) per annum; he shall be allowed to appoint one deputy who shall receive a salary of twelve hundred dollars ($1,200) per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed four dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only. The county recorder and auditor shall receive eighteen hundred dollars ($1,800) per annum, and, whenever the fees of his office shall exceed two hundred dollars ($200) per month for a period of not less than two successive calendar months, he may appoint, by and with the approval of the board of county commissioners only, a deputy at a salary not to exceed one hundred twenty-five dollars ($125) per month; provided, that whenever the fees of his office shall become less than two hundred dollars ($200) per month the salary of the deputy shall cease. The county clerk and treasurer, clerk of the district court and clerk of the board of county commissioners shall receive a salary of eighteen hundred dollars ($1,800) per annum, and may, during such periods as the district court or the board of county commissioners is in session, appoint a deputy at a salary not to exceed five dollars ($5) per day for such period, with the approval of the board of county commissioners. The district attorney shall receive twelve hundred dollars ($1,200) per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ such deputies or assistants as may be necessary, their compensation to be fixed and approved by the county commissioners. |
Commissioners to select suitable place for county courthouse
All fees go to county; exception
Officers salaries
Sheriff and assessor
Deputies
Recorder and Auditor
Deputy
Clerk and treasurer
Deputy
District attorney |
κ1919 Statutes of Nevada, Page 78 (CHAPTER 62)κ
Assistants
County commissioners
Public administrator; county surveyor
Compensation of additional clerks and assistants
Election precincts, road and school districts, cities, towns and townships to remain as now, until changed by Pershing County commissioners
All records, etc., to remain the same Treasurer of Humboldt County to pay over moneys to treasurer of Pershing County Not to affect certain officers of Humboldt County
Tax levy for Pershing County
Pershing County in Sixth judicial district |
deputies or assistants as may be necessary, their compensation to be fixed and approved by the county commissioners. Each member of the board of county commissioners shall receive three hundred dollars ($300) per annum, and such mileage as is now allowed by law in Humboldt County. The public administrator and the county surveyor shall receive the same compensation as is now allowed by law to these officers, respectively, in Humboldt County. The board of county commissioners of Pershing County is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies and additional clerks and assistants as may be needed in the offices of the county clerk and treasurer, county recorder and auditor, sheriff and assessor, and district attorney, respectively, as herein provided, and such compensation shall be allowed and paid as other claims against the county. Sec. 10. The election precincts, school districts, road districts, cities, towns and townships, embraced within the territory comprising the county of Pershing shall be as heretofore fixed and established during the time the same composed a part of Humboldt County until otherwise changed by the board of county commissioners of Pershing County, and the officers heretofore elected, or appointed to office in said precincts, districts, cities, towns and townships shall hold their respective offices in the county of Pershing until their successors are appointed or elected and qualified. And the registration lists, school censuses and the records of said officers respectively are hereby made the same in the county of Pershing that they were heretofore in the county of Humboldt. And the county treasurer of the county of Humboldt is hereby directed to pay to the county treasurer of the county of Pershing, on demand, all sums of money held by him as custodian for said precincts, districts, cities, towns and townships, rendering proper accounts with each of said funds; provided, that all county officers of Humboldt County, elected at the general election in 1918, who have qualified and entered on the performance of their official duties, may continue to hold office as officials of Humboldt County, regardless of their present places of residence and county boundaries in the county of Humboldt until the expiration of their several terms of office. Sec. 11. At the first meeting of the board of county commissioners of said Pershing County, all necessary tax levies for reasonable provision for needs of county, roads, school, city and town, and for all purposes for the year shall be made. Sec. 12. Said Pershing County shall be attached to, and shall become a part of the Sixth judicial district of the State of Nevada, and terms and sessions of the said Sixth judicial district court shall be held in said Pershing County at such dates as shall be fixed by the judge of said district court; provided, that the judge of said district court shall appoint and cause to be held not less than two terms or sessions of said district court, to be held in Pershing County, for the disposition of cases to be tried before a jury, and for the disposition of cases to be tried before the court without a jury; and the boards of county commissioners of said Humboldt and Pershing Counties are hereby authorized and directed to pay the necessary traveling expenses of the judge of said district court from the place of his residence to and from the county-seat of the county in which he shall hold court. |
κ1919 Statutes of Nevada, Page 79 (CHAPTER 62)κ
dates as shall be fixed by the judge of said district court; provided, that the judge of said district court shall appoint and cause to be held not less than two terms or sessions of said district court, to be held in Pershing County, for the disposition of cases to be tried before a jury, and for the disposition of cases to be tried before the court without a jury; and the boards of county commissioners of said Humboldt and Pershing Counties are hereby authorized and directed to pay the necessary traveling expenses of the judge of said district court from the place of his residence to and from the county-seat of the county in which he shall hold court. Sec. 13. The board of county commissioners of the county of Pershing shall as soon as practicable after said county be organized; receive bids for making transcripts of all the records of said county of Humboldt of all properties situate in the county of Pershing, or rights affecting the status or persons, residents thereof, as said board of county commissioners may deem necessary, and transcribing the same as provided by law in the proper record books to be provided by said county of Pershing for that purpose. And the said board of county commissioners of the county of Pershing shall award such contract to the lowest and best responsible bidder therefor, and for the faithful performance of said contract said board of county commissioners shall receive a good and sufficient bond in the sum of not less than five thousand dollars ($5,000) to be approved by said board of county commissioners. The board of county commissioners may reject any and all bids for transcribing the said records in case the lowest bid is deemed by the county commissioners to be too high. And the compensation so allowed by the board of county commissioners of Pershing County for the transcribing of such records shall be payment in full for such transcription, and the officials of Humboldt County are hereby directed promptly to certify to the correctness of such transcriptions without compensation. The county clerk and the county recorder of the said county of Humboldt shall afford every reasonable opportunity and facility for transcribing such records, and said transcribed records, when accepted by the board of county commissioners of said Pershing County, shall become, for all legal purposes, the same as original records and files. All copies and excerpts from the records and files certified as correct and true by the legal custodian thereof, now on file or of record in the official records of Humboldt County, may be recorded or filed in the official records or files of Pershing County with the same effect as original papers, and when so filed or recorded shall become for all legal purposes the same as original records and files. Sec. 14. All suits determined and judgments remaining unsatisfied, relating to any person residing in or property situate wholly in the territory hereby detached from Humboldt County, all suits, proceedings and estates pending and undetermined which may appertain wholly to property, real, personal or mixed, in said detached territory, all actions for the recovery of money in which the defendant resides in said detached territory, and all criminal cases which arose in said detached territory pending in the Sixth judicial district court in and for Humboldt County, shall, within forty days from the taking effect of this act be, by the county clerk of said Humboldt County, duly and legally certified, transferred and delivered to the county clerk of Pershing County, together with all papers and documents, and certified copies of all court and judicial orders pertaining to the same, and all of said papers, documents and judicial and court orders shall be by said clerk of Pershing County filed in his office and thereafter proceeded with in the same manner as if commenced or heard or determined in Pershing County. |
Provision as to terms of court
Bids for transcripts of Pershing County property now in records of Humboldt County
Contract awarded to lowest and best bidder; bond, $5,000
Duties of officers of Humboldt County
Said records and files to be official records of Pershing County |
κ1919 Statutes of Nevada, Page 80 (CHAPTER 62)κ
All actions at law originating in detached territory to be transferred to Pershing County
County clerks to act in said cases without pay
Debits and credits of Humboldt and Pershing Counties, how proportioned
Method of procedure |
situate wholly in the territory hereby detached from Humboldt County, all suits, proceedings and estates pending and undetermined which may appertain wholly to property, real, personal or mixed, in said detached territory, all actions for the recovery of money in which the defendant resides in said detached territory, and all criminal cases which arose in said detached territory pending in the Sixth judicial district court in and for Humboldt County, shall, within forty days from the taking effect of this act be, by the county clerk of said Humboldt County, duly and legally certified, transferred and delivered to the county clerk of Pershing County, together with all papers and documents, and certified copies of all court and judicial orders pertaining to the same, and all of said papers, documents and judicial and court orders shall be by said clerk of Pershing County filed in his office and thereafter proceeded with in the same manner as if commenced or heard or determined in Pershing County. The county clerk of Humboldt County and the county clerk of Pershing County shall perform this service without compensation. Sec. 15. At their first regular meeting after this act shall be approved, the county commissioners of Humboldt County shall ascertain the total amount of all money and funds in the county treasury of Humboldt County, excepting funds of various precincts, districts, cities, towns, and townships, and also the total amount of all credits, accounts and debts due or owing to said county. The sum total of these items shall be hereinafter referred to as the credit item. They shall also ascertain the total amount of the floating indebtedness of Humboldt County. They shall then deduct amount of floating indebtedness from the amount of the credit item, and apportion the amount of difference thus obtained to Humboldt County and Pershing County, in the following manner: (a) Ascertain the total valuation of property assessed for taxation in Humboldt County, including the proceeds of mines, for the year 1918; (b) Ascertain the total valuation of property assessed for taxation in the territory set off for Pershing County, including the proceeds of mines, in the same year; (c) There shall be paid by Humboldt County to Pershing County out of the funds in the county treasury of Humboldt County a sum which shall bear the same proportion to the total amount of such difference, found as above directed, as the total valuation of the property assessed, including the proceeds of mines, for taxation in the territory hereby set off in Pershing County for the year 1918 shall bear to the total valuation of the property assessed, including the proceeds of mines, for taxation in Humboldt County during the same year. Sec. 16. Pershing County shall pay its due proportion of the funded and refunded indebtedness of Humboldt County, as covered by all acts authoring Humboldt County to fund and refund its existing indebtedness, and in the manner and form following, to wit: |
κ1919 Statutes of Nevada, Page 81 (CHAPTER 62)κ
the funded and refunded indebtedness of Humboldt County, as covered by all acts authoring Humboldt County to fund and refund its existing indebtedness, and in the manner and form following, to wit: At their first regular meeting after this act shall be approved, the county commissioners of Humboldt County shall ascertain the total funded and refunded indebtedness of Humboldt County, deducting therefrom all moneys set aside for the payment thereof, and apportion the amount thus obtained to Humboldt County and Pershing County in the following manner: (a) Ascertain the total valuation of property assessed for taxation in Humboldt County, including the proceeds of mines, for the year 1918. (b) Ascertain the total valuation of the property assessed for taxation in the territory set off for Pershing County, including the proceeds of mines, in the same year. (c) As the total valuation of the property assessed, including the proceeds of mines, for taxation in Humboldt County in the year 1918 is to the total valuation of the property, including the proceeds of mines, assessed for taxation in the same year in the territory set off as Pershing County, so shall be the proportion of the liability of Humboldt County and of Pershing County, respectively, for the funded and refunded indebtedness of Humboldt County as now constituted. For the purpose of creating a fund for the payment of the amount apportioned to Pershing County of said funded and refunded indebtedness, and the interest thereon, the board of county commissioners of Pershing County is hereby authorized and required to levy and collect annually a special tax on the assessed value of all property (subject to taxation), both real and personal, including proceeds of mines, within the boundaries of said Pershing County, and the amount so collected shall be paid by Pershing County to Humboldt County at the times and in the amounts as the same shall become due under the law authorizing and the contract or contracts creating said bonded indebtedness. Sec. 17. The title to all property situate in the county of Pershing on which taxes have become, or may become delinquent, and which said property has been or may be forfeited to Humboldt County shall vest in and become the property of Pershing County and on demand of its commissioners for a tax deed to said property, or any part thereof, the county commissioners of Humboldt County shall cause its proper officers forthwith to make, execute and deliver to said county of Pershing a good and sufficient tax deed therefor, without compensation for such service. And all county property situated within the boundaries of Pershing County shall be and remain the property of Pershing County and all the county property situated within the boundaries of Humboldt County, as the same are hereby fixed and established, shall be and remain the property of Humboldt County. |
See section 1 of chapter 63, page 82, this volume
Title to certain property delinquent for taxes to vest in Pershing County; procedure |
κ1919 Statutes of Nevada, Page 82 (CHAPTER 62)κ
Pershing County funds to be deposited, equally, in Lovelock banks; banks must be five years old
See section 2, chapter 63, page 83, this volume
Immediate effect
Repeal |
County, as the same are hereby fixed and established, shall be and remain the property of Humboldt County. Sec. 18. The officials of Pershing County shall deposit all funds of said county appropriate for bank deposit equally in the several banks located and transacting business in the city of Lovelock, dividing said funds equally or as nearly equally as may be practicable among the said banks in the city of Lovelock; provided, that no such deposit shall be made in any bank unless such bank shall have been actually and regularly engaged in the banking business for a period of not less than five years. Sec. 19. At the general election to be held in 1920, and at each general election thereafter, Humboldt County shall elect one state senator and two assemblymen; and Pershing County shall elect one state senator and two assemblymen; provided, that the present senator from Humboldt County shall thereafter be designated and be the senator from Pershing County until the expiration of his present term of office. Sec. 20. This act shall take effect immediately. Sec. 21. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
________
Pershing County to assume its just proportion of Humboldt Countys funded and refunded indebtedness
Method of procedure |
Chap. 63An Act to amend sections 16 and 19 of an act entitled An act creating and organizing the county of Pershing out of a portion of Humboldt County, and providing for its government, and to regulate the affairs of Humboldt County and Pershing County.
[Approved March 18, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 16 of the above-entitled act is hereby amended so as to read as follows: Section 16. Pershing County shall pay its due proportion of the funded and refunded indebtedness of Humboldt County, as covered by all acts authorizing Humboldt County to fund and refund its existing indebtedness, and in the manner and form following, to wit: At their first regular meeting after this act shall be approved, the county commissioners of Humboldt County shall ascertain the total funded and refunded indebtedness of Humboldt County, deducting therefrom all moneys set aside for the payment thereof, and apportion the amount thus obtained to Humboldt County and Pershing County in the following manner: (a) Ascertain the total valuation of property assessed for taxation in Humboldt County, including the proceeds of mines, for the year 1918. (b) Ascertain the total valuation of the property assessed for taxation in the territory set off for Pershing County, including the proceeds of mines, in the same year. |
κ1919 Statutes of Nevada, Page 83 (CHAPTER 63)κ
for taxation in the territory set off for Pershing County, including the proceeds of mines, in the same year. (c) As the total value of the property, including the proceeds of mines, in the year 1918 assessed for taxation in that portion of Humboldt County remaining after erection of Pershing County under the provisions hereof is to the total value of the property, including the proceeds of mines, assessed for taxation in the same year in the territory by the provisions hereof set off as Pershing County, so shall be the proportion of the liability of Humboldt County and of Pershing County, respectively, for the funded and refunded indebtedness of Humboldt County as now constituted. For the purpose of creating a fund for the payment of the amount apportioned to Pershing County of said funded and refunded indebtedness, and the interest thereon, the board of county commissioners of Pershing County is hereby authorized and required to levy and collect annually a special tax on the assessed value of all property (subject to taxation), both real and personal, including proceeds of mines, within the boundaries of said Pershing County, and the amount so collected shall be paid by Pershing County to Humboldt County at the times and in the amounts as the same shall become due under the law authorizing and the contract or contracts creating said bonded indebtedness. Sec. 2. Section 19 of the above-entitled act is hereby amended so as to read as follows: Section 19. At the general election to be held in 1920, Humboldt County shall elect one state senator and two assemblymen, and Pershing County shall elect one state senator and one assemblyman; and thereafter said counties shall as provided by law elect such senators and assemblymen as may by law be to each of them respectively apportioned; provided, that the present senator from Humboldt County shall, from and after the passage and approval of this act, be designated and be the senator from Pershing County until the expiration of his term of office, or other vacancy in said office occurs; provided further, that all justices of the peace and constables in the territory set aside for Pershing County, elected while said territory was a part of Humboldt County, shall become justices of the peace and constables in Pershing County, and the salaries provided by law for such justices of the peace and constables shall be paid by Pershing County until the expiration of the term for which they were elected. |
Pershing County to levy special tax for same
Humboldt, 1 senator, 2 assemblymen; Pershing, 1 senator, 1 assemblyman; at 1920 election Present senator from Pershing to serve term out Justices of peace and constables to serve terms out and receive same salaries |
________
κ1919 Statutes of Nevada, Page 84κ
Irrigation districts, how organizes
Organizers must hold at least one-half of total area
Every signer must hold title to at least five acres
County assessment roll to be evidence; U. S. receipts also evidence
Privileges of entrymen
District to have 3, 5, or 7 divisions; how settled
Petition presented to county commissioners |
Chap. 64An Act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water, cooperation with the United States; and matters properly connected therewith.
[Approved March 19, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A majority in number of the holders of title, or evidence of title, to lands susceptible of one mode of irrigation from a common source or combined sources, and by the same system or combined systems of works, may propose the organization of an irrigation district under this act; provided, said holders of title or evidence of title shall hold such title or evidence of title to at least one-half part of the total area of the land in the proposed district; provided, further, that every signer of a petition for the organization of an irrigation district shall be the holder of title or evidence of title to at least five acres of land within the proposed district. The equalized county assessment roll next preceding the presentation of a petition for the organization of an irrigation district shall be sufficient evidence of title for the purpose of this act, but other evidence may be received, including receipts or other evidence of rights of entrymen on land under any law of the United States, and such entrymen shall be competent signers of such petition, and the land on which they have made entries shall, for the purpose of said petition, be considered as owned by them. Such entrymen shall share all the privileges and obligations of freeholders and owners of private land within the district, under the several provisions of this act, including the right to vote and hold office, subject to the terms of the act of Congress entitled An act to promote reclamation of arid lands, approved August 11, 1916. The petitioners may determine in said petition whether the proposed district shall be divided into three, five, or seven divisions, and whether it shall have three, five, or seven directors, but if no number is named in the petition the board of county commissioners may determine whether the number shall be three, five, or seven. Sec. 2. Whenever it is proposed to organize an irrigation district a petition shall first be presented to the board of county commissioners of the county in which the lands or the greater portion thereof are situated, signed by the required number, possessing the qualifications provided for in section 1 of this act, which petition shall set forth and particularly describe the proposed boundaries of such district and shall pray that the same may be organized under the provisions of this act. |
κ1919 Statutes of Nevada, Page 85 (CHAPTER 64)κ
the provisions of this act. The petitioners must accompany the petition with a good and sufficient bond to be approved by the said board of county commissioners in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all said costs in case said organization shall not be effected. Such petition shall be filed in the office of the county clerk and a notice thereof shall be published for at least two weeks before the time at which the same is to be presented to the board of county commissioners in some newspaper printed and published in the county where said petition is presented, which newspaper shall be designated by said board as the paper most likely to impart notice of the hearing of said petition; the said notice to set forth that said petition has been filed, the time of the meeting of said board to consider said petition, and a description of the territory to be embraced in such proposed district. Sec. 3. When such petition is presented; and it shall appear that the notice of the presentation of said petition has been given and that said petition has been signed by the requisite number of petitioners as required by this act, the commissioners shall hold a hearing on said petition and may adjourn such hearing from time to time not exceeding three weeks in all. Contiguous or neighboring lands susceptible of irrigation from the common source or combined sources aforesaid, not included in such district as described in the petition, may at such hearing upon application of the holder or holders of title or evidence of title thereto as prescribed in section 1 hereof be included in such district, and lands described in said petition not susceptible of irrigation from such system or systems may upon similar application be excluded therefrom; provided always, that said board shall not modify the boundaries described in the petition so as to change the object of said petition or so as to exempt from the operation of this act any land which is susceptible of irrigation by the system or systems aforesaid. In the hearing of any such petition the board of county commissioners shall disregard any informalities therein, and in case it deny the same or dismiss it for any reasons on account of the provisions of this act not having been complied with, which are the only reasons upon which it shall have the right to refuse or dismiss the same, it shall state its reasons in writing therefor in detail, which shall be entered upon its records, and in case the reasons are not well founded a writ of mandamus shall upon proper application therefor issue out of the district court of the county compelling it to act in compliance with this act, which writ shall be heard within twenty days from the date of issuance, such time to be excluded from the time given the county commissioners to act upon the petition. Upon the completion of the hearing the county commissioners shall forthwith make an order denying or granting the prayer of said petition, and if the same is granted shall, in said order, define and establish the boundaries and designate the name of such proposed district and divide the same into three, five, or seven divisions, as prescribed in the petition, as nearly equal in size as may be practicable. |
Bond must accompany petition
Notice published in newspaper for two weeks in advance
County commissioners to hold hearing on said petition; may adjourn same not exceeding three weeks
Board shall not modify district boundaries to defeat object
Informalities to be disregarded
Mandamus resorted to, when |
κ1919 Statutes of Nevada, Page 86 (CHAPTER 64)κ
County commissioners to deny or grant petition; if granted shall establish boundaries and divisions of said district
Election to be held; one director from each division
Each division an election precinct
Notice of election to be published in newspaper two weeks in advance
Ballots, what to contain
Polling places and election officers
General election laws to govern
County commissioners to canvass vote
Majority vote carries Plat of said district to be filed with clerk of principal county; copies filed with adjoining counties |
denying or granting the prayer of said petition, and if the same is granted shall, in said order, define and establish the boundaries and designate the name of such proposed district and divide the same into three, five, or seven divisions, as prescribed in the petition, as nearly equal in size as may be practicable. Thereupon the said commissioners shall by further order duly entered upon their record call an election of the qualified electors of said proposed district to determine whether such district shall be organized under the provisions of this act, and by such order shall submit the names of one or more persons from each of the divisions of said district to be voted for as directors of the district. One director shall be elected from each division and shall be a qualified elector of the district and holder of title, or evidence of title, as prescribed in section 1 of this act, to land within the division from which he is elected. Each division shall constitute an election precinct for the purposes of this act. The board of county commissioners shall give notice of such election, which shall be published for two weeks prior to such election in a newspaper within the county where the petition is filed. Such notice shall require the electors to cast ballots, which shall contain the words Irrigation District-Yes, or Irrigation District-No, or words equivalent thereto, and the names of persons to be voted for as directors. For the purpose of this election the board shall establish a polling place in each election precinct aforesaid, and shall also appoint three qualified electors to act as inspectors of election in each election precinct, and also appoint for each precinct two clerks of election. The number of directors and the number and boundaries of divisions of any district organized under the laws of this state shall not be altered or changed except by a petition of a majority of the qualified electors of the district and a majority of the directors. Sec. 4. Except as in this act otherwise provided, all such elections shall be conducted as near as may be practicable in accordance with the general election laws of this state. The board of county commissioners shall meet on the second Monday succeeding such election and proceed to canvass the votes cast thereat, and if upon such canvass it appear that a majority of the electors voted Irrigation District-Yes the board, by an order entered upon its minutes, shall declare such territory duly organized as an irrigation district under the name and style theretofore designated, and shall declare the persons receiving respectively the highest number of votes for directors to be duly elected, and shall cause a copy of such order and a plat of said district, each duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county recorder of each county in which any portion of such lands are situated, and certified copies thereof shall also be filed with the county clerk of such counties, and thereafter the organization of the district shall be complete. |
κ1919 Statutes of Nevada, Page 87 (CHAPTER 64)κ
organization of the district shall be complete. No lands while they remain within a district shall be included in any other district. Sec. 5. The regular elections of irrigation districts shall be held on the first Tuesday after the first Monday in April of the second calendar year after the completion of the organization thereof, and on the same day biennially thereafter, or as to districts heretofore organized, biennially after the first regular election therein. The directors elected at the organization election shall be selected by lot so that one, two or three directors, according to whether there are in all three, five, or seven on the board, shall hold office until their successors are elected at the next regular election and qualify, and two, three, or four directors, as the case may be, shall hold office until their successors are elected at the second regular election after organization and qualify, and at the regular election biennially thereafter directors shall be elected, to replace the directors whose terms expire, for terms of four years, or until their successors are elected and qualify. Directors so elected shall have the qualifications prescribed in this act for directors elected at the time of organization. Nominations for the office of directors shall be made by filing a declaration with the secretary within fifty days before the date of election and not later than ten days before such election. Candidates shall pay twenty-five ($25) dollars filing fee with such declaration. Sec. 6. Not less than fifteen nor more than twenty days before any election held under this act subsequent to the organization of the district the secretary shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors. Prior to the time for posting the notice the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct and shall also appoint two clerks of election for each precinct. If the board of directors fail to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held. At least four weeks before any such election said board of directors shall appoint a registrar for each precinct of the district. Such registrars shall be governed in the performance of their duties by the general election laws of the state as far as they are applicable and shall be at their places of registration to receive applications for registrations from nine oclock a. m. to nine oclock p. m. on each of the three Saturdays next preceding the date of election. The registrars shall require registrants to take the following oath, in substance: I am, or have declared my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the holder of title or evidence of title, as defined in said law, to land within the boundaries of the irrigation district. |
Lands included in but one district
Time of regular irrigation district elections; mode of determining terms of first directors
Terms 4 years, when
Nominations
Candidates fee, $25
Notice of election to be posted
Officers of election to be appointed
Board of directors to arrange all details of election |
κ1919 Statutes of Nevada, Page 88 (CHAPTER 64)κ
Oath of electors
Registration necessary after first organization
Election officers to take oath
Vacancies, how filled
Election to follow lines of general election law as closely as practicable
Returns delivered to secretary of district; informalities disregarded
Canvass, result announced
Elected directors to receive certificate and execute bond, $15,000
Bonds filed |
take the following oath, in substance: I am, or have declared my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the holder of title or evidence of title, as defined in said law, to land within the boundaries of the irrigation district. No election for any purpose except for organization shall be held in any irrigation district without such registration, and only electors duly registered shall be entitled to vote thereat. Sec. 7. Before opening the polls each inspector and each clerk must take and subscribe to an oath to faithfully perform the duties imposed upon him by law. Any elector of the precinct may administer and certify such oath. Vacancies occurring during the progress of the election may be filled by the remaining inspector or inspectors, and any inspector of election may administer and certify oaths. The time of opening and closing the polls, the manner of conducting the election, canvassing and announcing the result, the keeping of the tally-list, and the making and certifying of such result and the disposition of the ballots after election shall be the same, as near as may be, as provided for elections under the general election law of this state, but no registrar or election officer shall receive any pay for services at any district election. The returns shall be delivered the secretary of the district and no list, tally-paper or returns from any election shall be set aside or rejected for want of form if it can be satisfactorily understood. The board of directors shall meet at its usual place of meeting on the second Monday after an election to canvass the returns and it shall proceed in the same manner and with like effect, as near as may be, as the board of county commissioners in canvassing the returns of general elections, and when it shall have declared the result the secretary shall make full entries in his record in like manner as is required of the county clerk in general elections. The board of directors must declare elected the person or persons having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person or persons a certificate of election signed by him and authenticated with the seal of the board. Within ten days after receiving the certificate of his election, each director shall take and subscribe to an official oath and file the same with the secretary of the board of directors. Each member of said board of directors shall execute an official bond in the sum of fifteen thousand dollars ($15,000), which shall be approved by the judge of the district court in and for the county where such organization is effected. Such bonds shall be recorded in the office of the county recorder and filed with the secretary of the board. |
κ1919 Statutes of Nevada, Page 89 (CHAPTER 64)κ
Sec. 8. Any person, male or female, of the age of 21 years or over, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States and who is a bona-fide holder of title, or evidence of title, as defined in section 1 hereof, to land situated in the district, shall be entitled to one vote at any election held under the provisions of this act, and shall be held to be referred to whenever the words elector or electors are used herein. Any elector residing outside of the district owning land in the district and qualified to vote at district elections shall be considered as a resident of that division and precinct of the district in which the major portion of his lands are located for the purpose of determining his place of voting and qualifications for holding office. A guardian, executor or administrator shall be considered as the holder of title or evidence of title as prescribed in section 1 hereof to the land in the estate for which he is such guardian, executor, or administrator, and shall have the right to sign petitions, vote and do all things that any elector may or can do under this act. Corporations holding land in the district shall be considered as persons entitled to exercise all the rights of natural persons and the president of the corporation, or other person duly authorized by the president or vice-president in writing, may sign any petition authorized by this act or cast the vote of the corporation at any election. Sec. 9. The officers of such district shall consist of three, five, or seven directors, as aforesaid, a president and vice-president elected from their number, a secretary and a treasurer. The secretary and treasurer shall be appointed by the board of directors and may or may not be members of said board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer. The board of directors shall designate some place within the county where the organization of the district was effected as the office of the board and the board shall hold a regular monthly meeting in its office on the first Monday in every month and such special meetings as may be required for the proper transaction of business; provided, that all special meetings must be called by the president or a majority of the board. The order calling such special meeting shall be entered of record, and the secretary shall give each member not joining in the order five days notice of such special meeting. The order must specify the business to be transacted at such special meeting, and none other than that specified shall be transacted. Whenever all members of the board are present at a meeting the same shall be deemed a legal meeting and any lawful business may be transacted. All meetings of the board shall be public and a majority of the members shall constitute a quorum for the transaction of business, but on all questions requiring a vote there shall be a concurrence of at least a majority of the members of the board. |
Any citizen of 21, or intended citizen, of U. S. who is bona-fide holder of title to land is entitled to vote
Nonresident elector may vote
Guardians, etc., may vote
Corporations may vote by authorized agent
Officers of district
Regular meetings of board
Special meetings
What deemed legal meeting
Meetings public; quorum |
κ1919 Statutes of Nevada, Page 90 (CHAPTER 64)κ
Majority of all members required
Board to organize, when
Bonds of appointees
Vacancies, how filled
General powers of board of directors |
business, but on all questions requiring a vote there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours. On the first Monday in May next following their election, the board of directors shall meet and organize, elect a president and vice-president and appoint a secretary and treasurer. The appointees aforesaid shall file bonds which shall be approved by the board, for the faithful performance of their duties. Any vacancies in the office of director shall be filled from the division in which the vacancy occurs by the remaining members of the board. A director appointed to fill a vacancy, as above provided, shall hold his office for the unexpired term of his predecessor in office, and until his successor is elected and qualifies. Sec. 10. The board of directors shall have power to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees as may be required and prescribe their duties, and to establish by-laws, rules and regulations for the distribution and use of water in the district. Said by-laws, rules, and regulations shall be printed in convenient form for distribution throughout the district. For the purpose of acquiring control over government lands within the district, and of complying with the provisions of the aforesaid act of Congress of August 11, 1916, the board shall have power to make such investigation and base thereon such representations and assurances to the secretary of the interior as may be requisite. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation and other works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board shall also have the right to acquire, either by purchase, condemnation, or other legal means, all lands, rights, and other property necessary for the construction, use and supply, operation, maintenance, repair, and improvement of the works of the district, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of waters, and all other works and appurtenances, either within or without the State of Nevada. In case of purchase of property the bonds of the district hereinafter provided for may be used to their par value in payment. The board may appropriate water in accordance with the law, and also construct the necessary dams, reservoirs, and works for the collection, storage, conservation and distribution of water for said district and for the drainage of the lands thereof, and do any and every lawful act necessary to be done in order to accomplish the things and purposes herein described. The collection, storage, conveyance, distribution and use of water by or through the works of irrigation districts heretofore or hereafter organized, together with the rights of way for canals and ditches, sites for reservoirs, and all other works and property required to fully carry out the provisions of this act, is hereby declared to be a public use. |
κ1919 Statutes of Nevada, Page 91 (CHAPTER 64)κ
veyance, distribution and use of water by or through the works of irrigation districts heretofore or hereafter organized, together with the rights of way for canals and ditches, sites for reservoirs, and all other works and property required to fully carry out the provisions of this act, is hereby declared to be a public use. Sec. 11. The said board is hereby authorized and empowered to institute, maintain, and defend, in the name of the district, any and all actions and proceedings, suits at law, in equity. Sec. 12. The members of the board of directors shall each receive five dollars per day and actual traveling expenses for each day spent attending meetings of said board or while engaged in official business under the order of the board. The board shall fix the compensation to be paid to the other officers named in this act; provided, that said board shall, upon the petition of a majority of the electors within such district, submit to the electors at any general election of said district a schedule of salaries and fees to be paid the directors and officers thereof. Such petition shall be presented to the board twenty days prior to such general election and a schedule fee submitted upon a two-thirds vote therefor shall be put into effect upon the first of the month next ensuing. Sec. 13. No director or any other officer named in this act shall in any manner be interested, directly or indirectly, in any contract awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision such officer shall be deemed guilty of a misdemeanor, and upon conviction thereof shall suffer a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not to exceed six months or by both such fine and imprisonment. Sec. 14. The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever either by issuing bonds or otherwise in excess of the express provisions of this act, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void; provided, that for the purpose of organization, or for any of the purposes of this act, the board of directors may, before the collection of the first assessment, incur an indebtedness not exceeding in the aggregate the sum of three thousand dollars, and may cause warrants of the district to issue therefor, bearing interest at six per cent per annum, and the directors shall have the right and power to levy an assessment of not to exceed ten (10) cents per acre on all lands in said district for the payment of such expenses. Thereafter the directors shall have the right and power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this act of not to exceed ten (10) cents per acre on all lands in said district for the payment of the ordinary and current expenses of the district, including salaries of officers and other incidental expenses. |
Board empowered to institute, maintain, and defend suits at law and in equity
Compensation and expenses of directors Directors to fix salaries of other officers; when submitted to popular vote; procedure
Directors or officers not to be interested in contracts
Penalty
Power to incur debts limited
Exception
Warrants; 6% interest
Assessment for said expenses |
κ1919 Statutes of Nevada, Page 92 (CHAPTER 64)κ
General plan of operations to be formulated by board
Special election, when
Notice of election published in newspaper
Informalities of election ignored, if otherwise fair
Ballots
Two-thirds majority necessary |
expenses of the district, including salaries of officers and other incidental expenses. Such assessments shall be collected as in this act provided for the collection of other assessments. Sec. 15. As soon as practicable after the organization of a district the board of directors shall, by a resolution entered on its records, formulate a general plan of its proposed operations in which it shall state what constructed works or other property it proposes to purchase and the cost of purchasing the same, and also what construction work it proposes to do, and how it proposes to raise the funds for carrying out such general plan. The board shall cause such surveys and examinations to be made as will furnish a proper basis for an estimate of the cost of carrying out the construction work. All such surveys, examinations, maps, plans, and estimates shall be made under the direction of a competent irrigation engineer and certified by him. Upon receiving his report the board shall proceed to determine the amount of money necessary to be raised for the purchase of property and construction of works, and shall immediately thereafter call a special election at which shall be submitted to the electors of said district possessing the qualifications prescribed by this act the question whether or not the expense shall be authorized and whether by bond issue or otherwise. Notice of such election must be given by posting notices in three public places in each election precinct in the district for three weeks before the date of election, and the publication thereof for three weeks in some newspaper published in the county where the district was organized. Such notice shall specify the time of holding the election, the amount of bonds proposed to be issued, and shall state in substance that such plans and estimates as have been made are on file for inspection by the electors of the district at the office of the board. Said election must be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this act governing the election of officers, and no informalities in conducting such an election shall invalidate the same if it shall have been otherwise fairly conducted. At such an election the ballot shall contain the words (Question) Yes, or (Question) No, or words equivalent thereto. If two-thirds or more of the votes cast are Yes, the board of directors shall be authorized to incur the expense, and if a bond issue be authorized shall cause bonds in the amount authorized to be issued. If more than one-third of the votes cast at any bond election are No, the result of such election shall be so declared and entered of record. Thereafter, whenever said board in its judgment deems it for the best interest of the district that the question of the issuance of bonds in such amount, or in any other amount, shall be submitted to the electors it shall so declare of record in its minutes, and may thereupon submit such question to said electors in the same manner and with like effect as at such previous election, but no question shall be resubmitted to the electors within one year after the same has been voted upon and rejected. |
κ1919 Statutes of Nevada, Page 93 (CHAPTER 64)κ
so declare of record in its minutes, and may thereupon submit such question to said electors in the same manner and with like effect as at such previous election, but no question shall be resubmitted to the electors within one year after the same has been voted upon and rejected. Sec. 16. The bonds authorized by vote shall be designated as a series, and the series shall be numbered consecutively as authorized. The portion of the bonds of the series sold at any time shall be designated as an issue and each issue shall be numbered in its order. The bonds of such issue shall be numbered consecutively, commencing with those earliest falling due, and they shall be designated as eleven-year bonds, twelve-year bonds, etc. They shall be negotiable in form, and payable in money of the United States as follows, to wit: At the expiration of eleven years from each issue, five per cent of the whole number of bonds of such issue; at the expiration of twelve years, six per cent; at the expiration of thirteen years, seven per cent; at the expiration of fourteen years, eight per cent; at the expiration of fifteen years, nine per cent; at the expiration of sixteen years, ten per cent; at the expiration of seventeen years, eleven per cent; at the expiration of eighteen years, thirteen per cent; at the expiration of nineteen years, fifteen per cent; at the expiration of twenty years, sixteen per cent; provided, that such percentage may be changed sufficiently so that every bond shall be in the amount of one hundred dollars, or a multiple thereof, and the above provisions shall not be construed to require any single bond to fall due in partial payments. Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1, or July 1, next following the date of their authorization, and they shall bear interest at the rate of not to exceed six per cent per annum, payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein. Said bonds shall be each of a denomination of not less than one hundred dollars, nor more than one thousand dollars, and shall be signed by the president and secretary, and the seal of the district shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. Said bonds shall express on their face that they were issued by the authority of this act, naming it, and shall also state the number of the issue of which said bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser. In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and works adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plan by levy or assessment therefor; provided, further, that when the money obtained by any previous issue of bonds has become exhausted by expenditures herein authorized, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election shall be called and otherwise conducted in accordance with the provisions of this act in respect to an original issue of bonds. |
Question not resubmitted within one year
Bonds to be issued in series
Description of bonds; redemption of same
Proviso
Interest, 6% payable January 1 and July 1
Proviso as to additional bonds |
κ1919 Statutes of Nevada, Page 94 (CHAPTER 64)κ
Prior lien, when
Popular vote, when
Cost of works to be apportioned according to benefits
Duties of board as to list or map
List or map to remain in office of board of directors; duplicate filed in office of state engineer
Proviso |
exhausted by expenditures herein authorized, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election shall be called and otherwise conducted in accordance with the provisions of this act in respect to an original issue of bonds. The lien for taxes for the payment of interest and principal of any bond issue shall be a prior lien to that of any subsequent bond issue. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed, if submitted to a vote, by the electors of said district at the election authorizing the said bonds. Sec. 17. Whenever the electors shall have authorized an issue of bonds, as hereinbefore provided, the board of directors shall examine each tract or legal subdivision of land in the district, and shall determine the benefits which will accrue to each of such tracts or subdivisions from the construction or purchase of the works proposed for the district; and the costs of such works shall be apportioned or distributed over such tracts or subdivisions of land in proportion to such benefits. The board shall make, or cause to be made, a list of such apportionment or distribution, which list shall contain a complete description of each subdivision or tract of land of such district with the amount and rate per acre of such apportionment or distribution, and the name of the owner thereof, or it may prepare a map on a convenient scale showing each of said subdivisions or tracts with the rate per acre of such apportionment entered thereon; provided, that where all or any portion of the lands are assessed by said board at the same rate a general statement to that effect shall be sufficient. Said list or map shall be made in duplicate, and one copy of each shall be filed in the office of the state engineer, and the original shall remain in the office of the board of directors. Whenever thereafter an assessment is made, either in lieu of bonds, or an annual assessment for raising the interest on bonds, or any portion of the principal, or the expenses of maintaining the property of the district, or any special assessment voted by the electors, it shall be spread upon the lands in the same proportion as the assessments of benefits, and the whole amount of the assessments of benefits shall equal the amount of bonds or other obligations authorized at the election last above mentioned; provided always, that the benefits arising from the undertakings for which special assessments are made may be distributed equally over the lands, or especially apportioned, when such course is authorized in the election therefor, and that assessments or tolls and charges may be made or imposed as hereinafter provided, when coming within the designation of operation and maintenance charges, by way of a minimum stated charge per acre whether water is used or not, and a charge for water used in excess of the amount delivered for the minimum charge, or such other reasonable method of fixing or collecting the operation and maintenance charge as the board of directors may adopt. |
κ1919 Statutes of Nevada, Page 95 (CHAPTER 64)κ
used in excess of the amount delivered for the minimum charge, or such other reasonable method of fixing or collecting the operation and maintenance charge as the board of directors may adopt. Where drainage works are to be constructed, benefits may be apportioned to higher lands not then actually requiring drainage by reason of the fact that their irrigation contributes water which must be carried off or away from the lower lands. Sec. 18. Before final action upon the apportionment of benefits provided for in the last preceding section, the board shall publish notice for two weeks in a newspaper published in the county in which the organization was effected that it will meet at its office on the day stated in said notice for the purpose of reviewing such apportionment of benefits. At such meeting the board shall proceed to hear all parties interested who may appear, and it shall continue in session from day to day until the apportionment is completed. It shall hear and receive all evidence offered, including any maps or surveys which any owners of lands may produce, and may classify the lands in such a way that the assessment when completed shall be just and equitable. Any person interested who shall fail to appear before the board shall not be permitted thereafter to contest said apportionment, or any assessment thereunder, except upon a special application to the court in the proceeding for confirmation of said apportionment, showing reasonable excuse for failing to appear before the board. In case any elector makes objection to said apportionment before said board, and said objection is overruled and such elector does not consent to the apportionment as finally determined, such objection shall, without further proceedings, be heard at the confirmation proceedings herein provided for. Sec. 19. The board of directors of the district shall file with the clerk of the district court in and for the county in which its office is situated, a petition praying in effect that the proceedings aforesaid be examined, approved and confirmed by the court. The petition shall state generally that the irrigation district was duly organized and the first board of directors elected, that due and legal proceedings were taken to issue bonds, stating the amount thereof, and that an apportionment of benefits was made by the board and a list thereof duly filed according to law. A list of the apportionment shall be attached to said petition, but the petition need not state other facts. Such petition for confirmation of the proceedings thus far had may be filed after the organization of the district is complete, or after the authorization of any issue of bonds, or after any other undertaking of the district. The court or judge shall fix the time and place for the hearing of any such petition, and the clerk shall publish a notice thereof for two consecutive weeks in a newspaper published in the county. |
How higher lands benefited by drainage works Notice of meeting for reviewing apportionment of benefits, to be published in newspaper
Hearing, how conducted
Objection, if overruled, to be heard at further confirmation proceedings
Confirmation proceedings before district court
Notice of hearing before court to be published in newspaper |
κ1919 Statutes of Nevada, Page 96 (CHAPTER 64)κ
Pleadings need not be sworn to
Civil practice act to govern proceedings
District court to examine all proceedings; to ratify, approve, confirm, correct same in whole or in part; to disregard irregularities when substantial rights are not affected
Costs allowed and apportioned
Board to declare, by resolution, its intention to sell bonds
Bids must be advertised in newspapers |
paper published in the county. Any person interested may on or before the day fixed for said hearing answer said petition. None of the pleadings need be sworn to, and every material statement of the petition not controverted by answer shall be taken as true. A failure to answer the petition shall be deemed to be an admission of the material allegations thereof. The rules of pleading and practise provided by the civil practise act of this state shall be followed so far as applicable. A motion for a new trial, and all proceedings in the nature of appeals or rehearings, may be had as in any ordinary civil action. Sec. 20. Upon the hearing of such petition, the court shall examine all the proceedings sought to be confirmed and may ratify, approve and confirm the same or any part thereof; and when an apportionment of benefits is examined all objections thereto, including those made at the hearing before the board, shall be set up in the answer and heard by the court. The court shall disregard every error, irregularity or omission which does not affect the substantial rights of any party, and if the court shall find that the apportionment is as to any substantial matter erroneous or unjust, the same shall not be returned to the board, but the court shall proceed to correct the same so as to conform to this act and the rights of all parties in the premises, and the final judgment may approve and confirm such proceedings in whole or in part. In case of the approval of the organization of the district and the disapproval of the proceedings for issuing bonds the district may again undertake proceedings for the issuance of bonds and have the same confirmed as herein provided. The cost of the proceedings in court may be allowed and apportioned among the parties thereto in the discretion of the court. Sec. 21. The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for the construction of works and the acquisition of property and rights and to otherwise carry out the objects and purposes of this act. Before making any sale the board shall by resolution declare its intention to sell a specific number and amount of bonds, and if said bonds can be sold at par with accrued interest they may be disposed of without advertising; otherwise notice shall be published for three weeks in a newspaper in the county in which the office of the district is situated, and in such other newspaper in or outside of the state as the board may deem expedient, that sealed proposals will be received at its office on or before a day and hour set in said notice for the purchase of said bonds. At the time appointed the board shall publicly open the proposals, and sell the bonds to the highest responsible bidder, or it may reject all bids; but in case no bids are received, or all bids are rejected, it shall not again be necessary to advertise the sale thereof, but they may be sold at any time until canceled; provided, that the said board shall in no event sell any of the bonds for less than ninety (90) per cent of the par value thereof and accrued interest. |
κ1919 Statutes of Nevada, Page 97 (CHAPTER 64)κ
any time until canceled; provided, that the said board shall in no event sell any of the bonds for less than ninety (90) per cent of the par value thereof and accrued interest. If for any reason the bonds of a district cannot be sold, or if at any time it shall be deemed for the best interests of the district to withdraw from sale all or any portion of an authorized bond issue the board of directors may, in its discretion, cancel the same and levy assessments in the amount of the bonds canceled; provided, that the revenue derived from said assessments must be employed for the same purpose as was contemplated by the bond authorization, but no levy shall be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of said assessments have been canceled. Assessments made in lieu of bonds canceled shall be collected in the same manner and shall have the same force and effect as other assessments levied under the provisions of this act; provided, that such assessments shall not during any one year exceed ten per cent of the total bond issue authorized by such district, unless a greater assessment shall be authorized by a majority vote of the qualified electors of the district voting at a general election or a special election called for that purpose. Sec. 22. Said bonds and the interest thereon shall be paid by revenue derived from the annual assessment upon the lands in the district; and all the land in the district shall be and remain liable to be assessed for such payment in accord with the apportionment of benefits as in this act provided. Sec. 23. The following funds are hereby created and established, to which the moneys properly belonging shall be apportioned, to wit: Construction fund, bond fund, and general fund. Moneys accruing from the sale of bonds, and from any assessments levied for the direct payment of cost of construction, purchase of property, or other undertakings for which bonds may be issued, shall be deposited and kept in the construction fund. Moneys accruing from assessments levied for the payment of interest and principal on bonds shall be deposited and kept in the bond fund. All other moneys, including those realized from assessments, or, as the case may be, from tolls and charges levied or imposed for defraying the organization and current expense of the district, and expenses and cost of the care, operation, maintenance, management, repair, and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, shall be deposited and kept in the general fund. The treasurer of the district is hereby authorized and required to receive and receipt for and to collect the moneys accruing to the several funds above named, and to place the same to the credit of the district In the appropriate fund. Said treasurer shall be responsible upon his official bond for the safe-keeping and disbursement of the moneys in such funds. |
Bonds must never be sold for less than 90% of par value
Provisos
Assessments in lieu of bonds
Limitation of assessments
Bonds and interest, how paid
Funds created and named; distribution of moneys from sale of bonds to said funds
Treasurer of district to receive and receipt for all moneys; responsible therefor |
κ1919 Statutes of Nevada, Page 98 (CHAPTER 64)κ
Treasurer to report to board in writing monthly
Treasurer to pay interest coupons; after 10 years bonds may be redeemed before maturity; notice to be published
No bonds to be redeemed at above par; other regulations
Secretary to be assessor for his district
Duties as such assessor |
bond for the safe-keeping and disbursement of the moneys in such funds. Interest coupons shall be paid by him as in this act provided. The board may establish rules and regulations and prescribe the conditions under which the treasurer may make disbursements from the general fund, but no other payments from any of the funds above named shall be made by the treasurer except upon vouchers signed by the president and secretary authorized by order of the board. The county treasurer or treasurers who are required by this act to collect assessments levied by the district are hereby authorized to turn over to the treasurer of the district all moneys so collected and to take his receipt therefor. Such district treasurer shall report to the board in writing on the first Monday in each month the amount of money in the several funds aforesaid and the amounts received and paid out in the preceding month, and the treasurer shall make such other report and accounting as the board may require. Such reports shall be verified and filed with the secretary of the board. Sec. 24. The treasurer, upon the presentation of interest coupons when due, shall pay the same from the bond fund. Whenever after ten years from the issuance of bonds said fund shall amount to the sum of ten thousand dollars, the board of directors may direct the treasurer to pay such an amount of said bonds not due as the money in said fund will redeem at the lowest value at which they may be offered for liquidation, after advertising for at least three weeks in some newspaper published in the county in which the office of the district is located, and in such other newspapers as the board may deem advisable, for sealed proposals for the redemption of such bonds. Such proposals shall be opened by the board in open meeting at a time to be named in the notice, and the lowest bid or bids shall be accepted; provided, that no bonds shall be redeemed at a rate above par. In case two or more bids are equal the lowest-numbered bond shall have the preference, and if any of said bonds are not so redeemed, that amount of the redemption money shall be invested by the treasurer under the direction of the board in United States bonds or the bonds or warrants of the state or municipal or school bonds, and such bonds and the proceeds therefrom shall belong to the bond fund. Sec. 25. The secretary of the board of directors shall be the assessor of the district and on or before August fifteenth of each year shall prepare an assessment book containing a full and accurate list and description of all the land of the district, and a list of the persons who own, claim or have possession or control thereof during said year, giving the number of acres listed to each person. If the name of the person owning, claiming, possessing, or controlling any tract of said land is not known, it shall be listed to unknown owner. |
κ1919 Statutes of Nevada, Page 99 (CHAPTER 64)κ
Sec. 26. The board shall meet on the first Monday in September of each year to correct assessments and the secretary shall publish notice of such meeting for two weeks in a newspaper published in the county in which the district was organized. In the meantime the assessment book or books shall remain in the office of the secretary for the inspection of all parties interested. The board of directors, which is hereby constituted a board of correction for the purpose, shall meet and continue from day to day as long as may be necessary, not to exceed five days, exclusive of holidays, and may make such changes in said assessment book or books as may be necessary to have it conform to the facts. Within ten days after the close of said session the secretary of the board shall have the corrected assessment book or books completed. Sec. 27. At its regular meeting in October the board of directors shall levy an assessment upon the lands in said district in accordance with the provision of this act, which assessment shall be sufficient to raise the annual interest on the outstanding bonds. At the expiration of ten years after a bond issue or such other period as may be authorized, the board must increase said assessment as may be necessary from year to year to raise a sum sufficient to pay the principal of the outstanding bonds of that issue as they mature. The secretary of the board shall compute and enter in a separate column of the assessment book or books the respective sums to be paid as an assessment on the property therein enumerated. Except as otherwise provided herein assessments made for any of the other purposes of this act shall be made and levied as above provided and entered in appropriate columns of the assessment book or books. Sec. 28. An assessment is a lien against the property assessed from and after the first Monday in March of the succeeding year. The lien of the bonds of any issue shall be a preferred lien to that of any subsequent issue, and such lien is not removed until the assessments are paid or the property sold for the payment thereof. Sec. 29. An assessment book shall be made up for the lands in each county in which the district is situated and the secretary of the board of directors shall forthwith certify the same to the county auditor or county auditors, as the case may be, who shall enter such assessments in the tax rolls of such county or counties. The assessments when levied and enrolled shall become due and delinquent at the same time and be subject to the same penalties and shall be collected by the same officers and in the same manner as state and county taxes. The county auditor, district attorney, clerk and treasurer shall do and perform all acts necessary to accomplish the collection of the same with penalties and the sale for delinquency and redemption of the lands involved. |
Board to correct assessments, when; notice to be published
Assessment for interest on bonds; may be increased, when
Assessment lien against property, when
Assessment book for county auditors
Duties of county officers |
κ1919 Statutes of Nevada, Page 100 (CHAPTER 64)κ
Bids for construction of works to be advertised for in newspapers
What notice shall contain
Bids opened, when
Successful contractors must give bonds
Proviso
No bids, when
Construction fund, how used and reimbursed |
Sec. 30. After adopting a plan for such works as are proposed, and when there is sufficient money in the construction fund as aforesaid, the board of directors shall cause notice to be given by the secretary by publication thereof for not less than two weeks in a newspaper published in the county in which the district was organized, and in such other publications or newspapers as it may deem advisable, calling for bids for the construction of such works, or any portion thereof. If less than the whole work is advertised then the portions so advertised must be particularly described in such notice. The notice shall set forth that the plans and specifications can be seen at the office of the board, that the board will receive sealed proposals for the construction of the proposed works and that a contract therefor will be let to the lowest responsible bidder, subject to the right of the board to reject any and all bids, stating the time and place for opening the bids. At the time and place appointed the bids shall be opened in public and as soon as convenient thereafter the board shall accept a bid or bids and contract for the construction of the works, either in portions or as a whole, or it may reject any and all bids and readvertise for proposals. Contracts for the purchase of material shall be entered into in the same manner, but if no reasonable bid is received the material may be purchased without advertisement. Any person or persons to whom a contract may be awarded shall enter into a bond in favor of the district with good and sufficient sureties, to be approved by the board for not less than 20 per cent of the amount of the contract price, conditioned upon the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer employed by the district and approved by the board; provided, that no contract of any kind shall be let by said board of directors unless there is sufficient money in the district treasury at the time such contract is let to fully pay for the work or material so contracted for. Sec. 31. On the petition of a majority of the electors of the district, the board of directors may do any work mentioned in the preceding section on behalf of the district without calling for bids, and it may use the construction fund therefor. Sec. 32. The cost and expense of purchasing and acquiring property, and of constructing works to carry out the formulated plan or plans, whether for irrigation or drainage or both, or for the improvement or supplementing of existing works, except as otherwise provided herein, shall be paid out of the construction fund. For the purpose of defraying the organization and current expense of the district, and of the care, operation, maintenance, management, repair, and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, the board may fix rates of tolls or charges, and provide for the collection thereof by the district treasurer as operation and maintenance, or some like designation, or may levy assessments therefor, or for a portion thereof, collecting the balance as tolls or charges as aforesaid. |
κ1919 Statutes of Nevada, Page 101 (CHAPTER 64)κ
employees and other proper incidental expenditures, the board may fix rates of tolls or charges, and provide for the collection thereof by the district treasurer as operation and maintenance, or some like designation, or may levy assessments therefor, or for a portion thereof, collecting the balance as tolls or charges as aforesaid. In this relation provision may be made by the board for the fixing, levying, and collection of a minimum, flat, or stated operation and maintenance assessment, toll, or charge per acre, whether water is used or not, and a further operation and maintenance toll or charge for water used in excess of the amount delivered for the minimum charge; or the board may adopt other reasonable methods of fixing and collecting the operation and maintenance charges. Assessments, tolls, and charges may be collected in advance, and the assessment aforesaid, and such tolls and charges, may be based upon an estimate of the operation and maintenance revenue required for the current or ensuing year; to be adjusted as near as may be from year to year. Water service may be refused and water delivery may be shut off whenever there is a default in the payment of operation and maintenance, but all other legal remedies shall also be available for the enforcement of the debt. The tolls and charges shall be collected by the treasurer and deposited in the general fund, and he shall account therefor and disburse the same as in this act provided. Sec. 33. The board of directors shall have the power to construct the works of the district across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume, in such manner as to afford security for life and property; but said board shall restore the same when so crossed or intersected to their former state as near as may be or in a manner not unnecessarily impairing its usefulness; and if a railroad company or those in control of the property, thing or franchise to be crossed cannot agree with the board upon the amount to be paid, or upon the point or points or the manner of crossing or intersecting, the same shall be ascertained and determined as herein provided in respect to the taking of land. Sec. 34. The right of way is hereby given, dedicated and set apart, to locate, construct, operate and maintain the works of the district over and through any of the lands which are now or may be the property of the state. Sec. 35. All irrigation districts organized under the laws of the State of Nevada shall have the right of eminent domain with the power by and through their board of directors to cause to be condemned and appropriated in the name of and for the use of said districts all reservoirs, canals, and works, with their appurtenances, constructed for the irrigation or drainage of any lands within the district or for uses incidental thereto, and all lands required therefor, and all lands and rights of way required for the works constructed, or to be constructed, or which may be acquired by the district, and all necessary appurtenances and other property and rights necessary for the construction, operation, maintenance, repair, and improvement of said works. |
Construction fund, how used and reimbursed
Service may be refused, when
Rights of board in constructing works
Right of way over state land granted
All districts to have the right of eminent domain |
κ1919 Statutes of Nevada, Page 102 (CHAPTER 64)κ
Laws of Nevada relative to eminent domain to govern
How certain lands may be annexed
Notice of petition advertised in newspaper
Cost of proceedings
Directors to hear petition
New lands to share previous expense |
constructed, or which may be acquired by the district, and all necessary appurtenances and other property and rights necessary for the construction, operation, maintenance, repair, and improvement of said works. Such districts shall have the right by and through their boards of directors to acquire by purchase or other legal means any or all of the property mentioned and referred to in this section. In any action or proceedings for the condemnation of any such property wherein an irrigation district is plaintiff such district, within six months after final judgment, shall pay the amount awarded in the judgment or said judgment will be annulled. Except as otherwise provided in this act the provisions of the laws of Nevada relative to the right of eminent domain, civil actions, new trials and appeals, shall be applicable to and constitute the rules of practise in condemnation proceedings by irrigation districts. Sec. 36. The holder or holders of any title or evidence of title, as defined in section 1 hereof, representing one-half or more of any body of lands adjacent to or in the vicinity of an irrigation district, which are susceptible of irrigation or drainage, as the case may be, or both, by the district system, or combined systems of works, may file with the board of directors of the district a petition, in writing, praying that said land may be annexed. The petition shall describe the land and also describe the several parcels owned by petitioners. Sec. 37. The secretary shall cause a notice of the filing of such petition to be published two weeks in a newspaper published in the county where the district was organized. The notice shall state the filing of such petition, the names of the petitioners, and contain a description of the lands mentioned in the petition, sufficient to identify the same, and it shall notify all persons interested in or that may be affected by such change of boundaries of the district to appear at the office of the board at a time named in said notice and show cause, in writing, if any they have, why the lands mentioned should not be annexed to said district. The petitioner or petitioners shall advance to the district treasurer sufficient money to pay the estimated cost of these proceedings. Sec. 38. The board of directors, at the time mentioned in said notice, or at such other time to which the hearing may be adjourned, shall hear the petition and all the objections thereto. The failure of any person to show cause as aforesaid shall be taken as an assent on his part to a change of the boundaries of the district so as to include the whole or part of the land mentioned in the petition. Sec. 39. The board of directors may require as a condition to the granting of said petition that the petitioners shall pay to the district such sums as nearly as the same can be estimated as said petitioners or their grantors would theretofore have been required to pay had such lands been included in such district at the time the same was originally organized. |
κ1919 Statutes of Nevada, Page 103 (CHAPTER 64)κ
included in such district at the time the same was originally organized. Sec. 40. The board of directors, if they deem it not for the best interests of the district to include therein the lands mentioned in the petition, shall reject the same. But if the board deem it for the best interests of the district, and if no person interested shall show cause why the proposed change be not made, or if having shown cause withdraws the same, the board may order, without any election, that the lands mentioned in said petition or any part thereof be annexed to the district. The order shall describe the lands so annexed, and the board shall cause a survey thereof to be made if deemed necessary. Sec. 41. If any person interested shall object as aforesaid and shall not withdraw the same and if the board deem it for the best interests of the district to include the lands mentioned in said objection, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the lands proposed to be included in the district. Sec. 42. Upon the adoption of the resolution mentioned in the last preceding section the board shall order that an election be held within said district to determine whether the lands described in said resolution shall be annexed to the district, and shall fix the time at which such election shall be held. Notice thereof shall be published, and such election shall be held, and all things pertaining thereto conducted in the manner prescribed by this act in case of an election to determine whether bonds of the district shall be issued. The ballots cast at such election shall contain the words for annexation, or against annexation, or expressions equivalent thereto. The notice of election shall describe the lands proposed to be annexed to the district. Sec. 43. If at such election a majority of all the votes cast shall be against annexation the board shall proceed no further in the matter; but if a majority of such votes be in favor of annexation the board shall thereupon order that the boundaries of the district be changed to include the lands to be so annexed and cause a copy of such order, together with a plat of said lands, each certified to by the secretary of the board, to be filed for record in the office of the county recorder of the county or counties in which such lands are situated. The order shall describe the land so annexed and thereafter such lands shall be subject to all the provisions of this act. Immediately after the filing for record of the order annexing said lands the directors shall state on their minutes to which division or divisions in said district the lands shall be attached, or may redivide the district to accommodate said lands. Sec. 44. The holder or holders of title, or evidence of title, as described in section 1 hereof, may file with the board of directors a petition, in writing, praying that the boundaries of said district be so changed as to exclude the lands described therein. |
Petition rejected, when
Accepted, when
Objection, how treated
Election held; same as bond election
Majority vote for annexation permits such land to come in
Order filed with county recorder
Certain lands thrown out of district, procedure for |
κ1919 Statutes of Nevada, Page 104 (CHAPTER 64)κ
Certain lands thrown out of district, procedure
State lands to become part of irrigation only by consent of state land register, with advice of state engineer
Vested rights not affected by this act
Irrigation district, how dissolved
District must be clear of debt |
daries of said district be so changed as to exclude the lands described therein. The petition shall describe the boundaries of the several parcels owned by the petitioners and shall state the reasons for the exclusion prayed for. The board of directors shall cause the land described in such petition to be surveyed and reported upon by a competent irrigation engineer, and if the board shall then find said lands to be of such character as to prevent their receiving benefits from the existing or proposed works, the board shall make an order changing the boundaries of said district so as to exclude the land described in said petition. If lands are excluded as in this section provided a copy of the order excluding same, with a plat of land excluded, each certified by the secretary of the board, shall be filed for record in the office of the county recorder of the county or counties in which such lands are situated. If said petition be denied the signers thereof shall be liable to the district for the full amount of cost of the proceedings and survey of said lands. Sec. 45. No state lands shall become a part of an irrigation district except by the consent of the state land register, who is hereby authorized to consent thereto on behalf of the state in writing when in his judgment, with the advice of the state engineer, such lands will be benefited by inclusion in the district. Such consent may be indicated by signing a petition for organization or annexation as in this act provided. District assessments, charges, and tolls against said lands shall not be assessed as taxes, but shall be billed to the state land register, who shall voucher the same to the appropriate officer or officers for payment, and such officer or officers are hereby authorized to pay the same out of any state funds not otherwise appropriated. Contracts for the sale of such lands shall be conditioned upon the payment by the purchaser of such assessments, charges and tolls, and upon cancelation of such contracts payments due the district shall be made by the state as above provided. Sec. 46. Vested interests in or to structures, works and property or water rights owned or used in connection with mining or power development shall never be affected by or taken under the provisions of this act, saving and excepting that rights of way may be acquired by the district over or across such works and property. Sec. 47. Upon the filing of a petition in the district court setting forth that an irrigation district should be forthwith dissolved, such petition to be signed by at least a majority of the electors owning at least two-thirds of the land in said district, the court shall make its order setting said petition for hearing, giving at least three weeks notice by publication in a newspaper published in the county in which the district was organized; provided, that before the order can be entered dissolving the district the directors must show that the district does not owe any money nor that there are any outstanding bonds of the district or other evidence of indebtedness. |
κ1919 Statutes of Nevada, Page 105 (CHAPTER 64)κ
any outstanding bonds of the district or other evidence of indebtedness. Upon a proper showing being made the court shall enter its order dissolving such irrigation district. Sec. 48. The board of directors of a district may at any time when deemed advisable call a special election and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in this act. Such election shall be called and the same shall be held and the result thereof determined and declared in all respects in conformity with the provisions of this act in respect to bond elections. The notice shall specify the amount of money proposed to be raised and the purpose for which it is intended to be used, and whether an equal rate of assessment or a special apportionment of benefits is to be made in that relation if either is proposed. At such election the ballots shall contain the words Assessment-Yes, or Assessment-No. If two-thirds or more of the votes cast are Assessment-Yes, the board shall immediately proceed to apportion the benefits, if such apportionment is to be made, and to levy an assessment sufficient to raise the amount voted. The assessment so levied shall be entered in the assessment book or books by the secretary of the board and collected in the same manner as other assessments provided for herein and when received by the treasurer of the district shall be deposited and kept in the construction fund. At such an election there may be submitted the proposition of authorizing the board of directors to levy each year for a stated number of years assessments not exceeding a stated amount per acre for the purpose of providing a fund from which repairs may be made and replacement and extensions of existing works may be constructed and paid for as the necessity for same arises. In such case plans and specifications need not be made in advance-a general description of the contemplated undertaking shall be sufficient. If said proposition be carried by two-thirds of the electors the board shall be authorized to levy such assessment and same shall be collected as are other assessments under this act. Moneys realized from such assessments shall be deposited and kept in the general fund and disbursed by the treasurer in accord with the direction of the board or rules and regulations established by it. Sec. 49. Any one of the several divisions of a district may provide for the construction of local drains, laterals or other improvements, or the replacement or extension of existing works or structures, the benefits of which are limited to such division, in the following manner: Upon presentation to the board of directors of the district of a petition, signed by a majority of the electors of such division representing at least one-half of the total acreage thereof, describing in a general way the local matters proposed to be undertaken and naming two electors of such division for local directors thereof, the board of directors of the district shall consider such petition at a regular meeting and if it finds that the law has been complied with shall approve the same and appoint the electors named in the petition as members of the local board. |
Special elections for raising money, how called
Ballots; two-thirds majority necessary
Annual assessments
Two-thirds majority
Division may provide for local works |
κ1919 Statutes of Nevada, Page 106 (CHAPTER 64)κ
Local directors
Division elections |
and naming two electors of such division for local directors thereof, the board of directors of the district shall consider such petition at a regular meeting and if it finds that the law has been complied with shall approve the same and appoint the electors named in the petition as members of the local board. One shall hold office until his successor is elected at the next biennial district election and qualifies, and the other until his successor is elected at the second biennial district election after his appointment and qualifies. The terms of such local directors shall be determined by lot and their successors shall be elected for four-year terms at the biennial elections. The said two local directors, with the director of the district from that division, shall constitute the local board of such division, and such board may provide for the local undertakings above named; being hereby authorized for that purpose in so far as applicable to exercise the powers and perform the duties granted to or imposed upon the board of directors of the district in connection with its affairs. Such local board shall thereupon prepare plans and estimates of the local undertakings proposed to be accomplished by such division, stating therein whether the funds therefor are to be raised by a single special assessment or the said board is to be authorized to secure the necessary amounts by way of annual assessments extending over a stated number of years, and not in excess of a stated amount per acre; and if the latter method is to be used a general statement of the purposes for which the money is to be raised may be substituted for more explicit plans and estimates. Such plans and estimates or statement shall be filed with the secretary of the district, accompanied by a request of the local board that an election be called in the division to authorize the proposed special assessment or assessments and the construction of the proposed works; thereupon the secretary of the board shall give notice of the purpose, time and place of such election, naming the polling place, and inspectors and clerks of election suggested by the local board; such notice to be published and election to be held, as near as may be, as provided in this act for an election for special assessments in the district. If such election fail of the required two-thirds vote of the electors of the division, the terms of office of the local directors shall thereupon terminate and the said local board shall be dissolved. If the special assessment or assessments and construction of the proposed works be authorized at such election, the local board shall levy such assessments, or, as the case may be, shall proceed to the levying of annual assessments, and a list of such assessments or the first annual assessment, if to be made that year, shall be delivered to the treasurer of the district and by him entered in the assessment book or books thereof, and such assessment or assessments and the collection thereof shall thereafter take the course of assessments of the district as in this act provided. All the above-described proceedings relating to the local undertakings of a division, including apportionment of benefits for undertakings authorized by special election, may be confirmed in court as a part of the confirmation proceedings, or upon petition of the board of directors of the division. |
κ1919 Statutes of Nevada, Page 107 (CHAPTER 64)κ
ceedings relating to the local undertakings of a division, including apportionment of benefits for undertakings authorized by special election, may be confirmed in court as a part of the confirmation proceedings, or upon petition of the board of directors of the division. Each member of the local board of a division shall receive three dollars per day for each day in attending meetings of the board, or while engaged in official business under the order of the board. When the local undertakings above provided for are accomplished and paid for, a showing to that effect shall be made to the board of directors of the district, and upon the approval thereof by such board the terms of office of the local directors shall terminate, and any moneys of such division in the district treasury shall be appropriately credited to the lands of the division in connection with future assessments against such lands. Sec. 50. At least as often as once a year after the approval of said plans the board of directors shall make a report to the state engineer of the progress of the work of the district and whether or not the plan formulated under the provisions of this act is being successfully carried out, and whether or not in the opinion of the board the funds available will complete the proposed works. Upon receipt of such report by the state engineer, he shall make such suggestions and recommendations to such board of directors as may be necessary to conserve the best interests of the district. Sec. 51. On or before the first Tuesday of February of each year the board of directors of each irrigation district shall publish in at least one issue of some newspaper published in the county where the office of the district is located a full, true, and correct statement of the financial condition of said district on the first day of that year, giving a statement of all liabilities and assets of the district. Sec. 52. The board of directors of each irrigation district, or the secretary thereof, shall at any time allow any member of the board of county commissioners, when acting under the order of such board, to have access to all books, records, and vouchers of the district which are in the possession or control of said board of directors or said secretary. Sec. 53. Water may be supplied by the district, or by a division thereof when a local board of such division is created and authorized, to towns within or in the vicinity of the district, and an appropriate charge made therefor, when such supply can be developed as an incident of or in connection with the works of the district or the local undertakings of a division. Sec. 54. In addition to the powers with which irrigation districts are or may be vested under the laws of the state, irrigation districts shall have the following powers: To cooperate and contract with the United States under the federal reclamation act of June 17, 1902, and all acts amendatory thereof or supplementary thereto, or any other act of Congress heretofore or hereafter enacted authorizing or permitting such cooperation, and to cooperate and contract with the State of Nevada under any law heretofore or hereafter enacted authorizing or permitting such cooperation, for purposes of construction of works, whether for irrigation or drainage, or both, or for the acquisition, purchase, extension, operation, or maintenance of constructed works, or for a water supply, or for the assumption as principal or guarantor of indebtedness to the United States on account of district lands or for the collection of moneys due the United States as fiscal agents or otherwise. |
Proceedings confirmed by district court
Annual report by directors to state engineer
Financial condition of district to be published annually
County commissioners to have free access to all records
Towns may be supplied with water
Irrigation districts vested with additional powers |
κ1919 Statutes of Nevada, Page 108 (CHAPTER 64)κ
Irrigation districts vested with additional powers
Directors to carry out enlarged powers of district
Fiscal agent of U. S. |
tory thereof or supplementary thereto, or any other act of Congress heretofore or hereafter enacted authorizing or permitting such cooperation, and to cooperate and contract with the State of Nevada under any law heretofore or hereafter enacted authorizing or permitting such cooperation, for purposes of construction of works, whether for irrigation or drainage, or both, or for the acquisition, purchase, extension, operation, or maintenance of constructed works, or for a water supply, or for the assumption as principal or guarantor of indebtedness to the United States on account of district lands or for the collection of moneys due the United States as fiscal agents or otherwise. Sec. 55. The board of directors shall generally perform all such acts as shall be necessary to carry out the enlarged powers in the foregoing section enumerated. Said board may enter into obligations or contracts with the United States for the aforesaid purposes, and may provide therein for the delivery and distribution of water to the lands of such district under the aforesaid acts of Congress and the rules and regulations established thereunder. The contract may provide for the conveyance to the United States as partial consideration for the privileges obtained by the district under said contract of water rights or other property of the district; and in case contract has been or may hereafter be made with the United States as herein provided bonds of the district may be transferred to or deposited with the United States, if so provided by said contract and authorized as hereinafter set forth, at not less than ninety-five per cent of their par value to the amount to be paid by the district to the United States or any part thereof; the interest, or principal, or both, of said bonds to be raised by assessment and levy as hereinafter prescribed and to be regularly paid to the United States and applied as provided in said contract. Bonds transferred to or deposited with the United States may call for the payment of such interest, not exceeding six per cent per annum, may be of such denomination, and may call for the repayment of the principal at such times as may be agreed upon between the board and the secretary of the interior. The contract with the United States may likewise call for the payment of the amount or amounts to be paid by the district to the United States or any part thereof at such times and in such installments and with such interest charges not exceeding the aforesaid rate as may be agreed upon, and for assessment and levy therefor as hereinafter provided, and the obligations of such contracts shall be a prior lien to any subsequent bond issue. Moreover the board may accept on behalf of the district appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collection of moneys for or on behalf of the United States in connection with any federal reclamation project, whereupon the district shall be authorized so to act and to assume the duties and liabilities incident to such action, and the said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection therewith, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto. |
κ1919 Statutes of Nevada, Page 109 (CHAPTER 64)κ
behalf of the United States in connection with any federal reclamation project, whereupon the district shall be authorized so to act and to assume the duties and liabilities incident to such action, and the said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection therewith, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto. Districts cooperating with the United States may rent or lease water to private lands, entrymen, or municipalities in the neighborhood of the district in pursuance of contract with the United States. Sec. 56. Any proposal to enter into a contract with the United States for the repayment of construction moneys, the cost of a water supply, the operation and maintenance of existing works, or the acquisition of property, and to issue bonds if any be proposed, shall be voted upon at an election wherein proceedings shall be had in so far as applicable in the manner provided in the case of the ordinary issuance of district bonds. Notice of the election herein provided for shall contain, in addition to the information required in the case of ordinary bond election, a statement of the maximum amount of money to be payable to the United States for construction purposes, costs of water supply and acquisition of property, exclusive of penalties and interest, together with a general statement of the property, if any, to be conveyed by the district as hereinabove provided. The ballots at such election shall contain a brief statement of the general purpose of said contract and the amount of the obligation to be assumed, as aforesaid, with the words Contract-Yes, and Contract-No, or Contract and bonds-Yes, and Contract and bonds-No, as the case may be. The board of directors may submit any such contract or proposed contract and bond issue, if any, to the district court of the county wherein is located the office of said board to determine the validity thereof and the authority of the board to enter into such contract, and the authority for and the validity of the issuance and deposit or transfer of said bonds; whereupon the same proceedings shall be had as in the ordinary case of the judicial determination of the validity of bonds and with like effect. Sec. 57. All water delivered to the district or the right to the use of which is acquired by the district, under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of Congress applicable thereto, the rules and regulations of the secretary of the interior thereunder, and the provisions of said contract, and provision may be made in the contract between the district and the United States for the refusal of water service to any or all lands which may become delinquent in the payment of any assessment, toll or charge levied or imposed for the purpose of carrying out any contract between the district and the United States. |
Districts may rent or lease water to private lands
Election on proposal to enter into contract with U. S.
Ballots
Act of Congress to govern distribution of water |
κ1919 Statutes of Nevada, Page 110 (CHAPTER 64)κ
Rights of way, etc., may be conveyed to U. S.
Payments to U. S. must be provided for
Annual assessments
Public lands subject to assessment
Board to provide for release of mortgages and liens reserved to U. S. |
of water service to any or all lands which may become delinquent in the payment of any assessment, toll or charge levied or imposed for the purpose of carrying out any contract between the district and the United States. In case of contract with the United States under which the district assumes the operation and maintenance of the existing works, assessments, tolls and charges may be levied or imposed by the board of directors, as provided in this act to raise the sums required annually therefor, including amounts due the United States under said contract. Sec. 58. Any rights of way or other property owned or acquired by the district may be conveyed by the board to the United States in so far as the same may be needed for the construction, operation and maintenance of works by the United States pursuant to this act. Sec. 59. All payments due or to become due to the United States under any contract between the district and the United States, including such payments of interest and principal on bonds as may be required in connection with a deposit or transfer thereof to the United States, shall be paid, unless otherwise provided by contract, by revenue derived from annual assessments, apportioned as hereinafter prescribed, and levies thereof upon such real property within the district as may be accessible for district purposes under the laws of the state or by tolls and charges as the case may be, and such real property shall be and remain liable to be assessed and levied upon for such payments as herein provided. It shall be the duty of the board of directors annually to levy an assessment, or to impose and cause to be collected tolls or charges sufficient to raise the money necessary to meet all payments when due as provided in the contract. All money collected in pursuance of such contract by assessment and levies or otherwise, and to be paid to the United States, shall be paid into the district treasury and held in a fund to be known as the United States Contract Fund, to be used for payments due to the United States under any such contract. Public lands of the United States within any district shall be subject to assessment for all purposes of this act to the extent provided for by the act of Congress approved August 11, 1916, entitled An act to promote reclamation of arid lands, or any other law which may hereafter be enacted by Congress in the same relation, upon full compliance therewith by the district. Nothing in this act contained shall be construed to relieve the district from obligation to pay as a district in case of default of any land, unless so provided by the said contract between the district and the United States. Sec. 60. The board may also provide by contract with the United States for the release of mortgages or liens given or reserved to the United States upon district lands, and may provide for the assumption by the district, either as principal or guarantor, |
κ1919 Statutes of Nevada, Page 111 (CHAPTER 64)κ
pal or guarantor, of indebtedness to the United States on account of district lands, and apportion to each tract of land so released, benefits in the amount of the obligations to the United States so provided to be released; and the contract between the district and the United States may provide for the collection and payment of indebtedness so incurred or assumed by the district and the tax or assessment for the same at the same times and in the same amounts or installments provided in the federal reclamation laws, and if so provided in the contract, such taxes and assessments shall become delinquent at the same dates provided in the act of Congress of August 13, 1914 (38 Stats. 686), known as the reclamation extension act, and in that event, if it be provided in the contract that the United States waives any penalties for delinquency other or greater than those named in the said act of Congress of August 13, 1914, then, instead of the penalties otherwise provided in state laws, the penalties for delinquency in the payment of that part of the tax representing the special assessment for payment of the obligations of the district to the United States shall be the penalties named in the said act of Congress of August 13, 1914, and the amount required to be paid in case of any redemption from any tax sale or tax judgment shall be determined by figuring the part thereof due to the United States upon the basis of the amount of such special assessment levied for the purpose of paying the United States plus the penalties named in said act of Congress of August 13, 1914. And the said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection therewith, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto. Sec. 61. The assessment required in any year to meet the payment due to the United States under the contract as in this act provided may be in accord with an apportionment of benefits made in or in pursuance of such contract and in the ascertainment of such benefits there shall be taken into account the provisions of the contract between the United States and the district, the federal laws applicable thereto, and the notice and regulations issued in pursuance of said laws, and in case such contract is for the assumption by the district as principal or guarantor of indebtedness to the United States theretofore existing on account of district lands, there shall be further taken into account the provision of existing contracts carrying such indebtedness and the amounts of such liens as may be released in pursuance of the contract between the United States and the district. Sec. 62. Where contract shall have been entered into and is in force and effect between the United States and any irrigation district the district shall not be dissolved, nor shall the boundaries be changed, except upon written consent of the secretary of the interior, filed with the official records of the district. |
Board to provide for release of mortgages and liens reserved to U. S.
Acts of Congress govern, when
Payments due U. S. under contract, how apportioned
District not dissolved or bounds changed when under contract with U. S. |
κ1919 Statutes of Nevada, Page 112 (CHAPTER 64)κ
When district is served by U. S. works; separate unit, when
Directors to contract with U. S.
Special election, when
Election upon contract, when |
the secretary of the interior, filed with the official records of the district. If such consent be given and lands be excluded, the areas excluded shall be free from all liens and charges for payments to become due to the United States. The board of directors of a district is hereby relieved from the duties imposed upon it in sections 15 and 30 of this act in so far as the same may not be required in case of contract between the district and the United States, and in that relation may take advantage of or adopt such surveys and plans as may have been or be made by the United States. Sec. 63. When an irrigation district comprises lands which are served by works constructed by the United States and the portion of such works situated in a division of the district may be regarded as a separate unit of the larger system for operation and maintenance purposes, or when local drains, laterals, or other improvements may be provided as additions to such works and constitute benefits limited to such division, or when the replacement or extension of such works or some part thereof would constitute benefits limited to such division, a petition signed by the requisite number of electors of such division may be presented to the board of directors of the district and a local board of directors of such division created as provided in this act; whereupon such board of directors shall have the power to contract with the United States for the operation of the existing system aforesaid, or for the construction either by such division or by the United States of local drains, laterals or other improvements and for the operation and maintenance thereof, or for the replacement or extension of existing works or structures and for the operation and maintenance thereof or any separate part of the same; provided, that such contract shall first be authorized by a special election held for the purpose in such division and for the purpose of authorizing the local board of directors to levy an assessment or assessments, as provided in this act, to secure the moneys required to carry out said contract, including the amounts that will be due the United States thereunder and that will be required for the construction of the proposed local drains, laterals, or other improvements, or for the replacement and extension of existing works or structures. Where it is proposed that a division shall assume only the operation and maintenance of existing works an election shall he held upon the contract in the same manner, but the local board of directors, after said contract is made in pursuance of the authority granted in such election, shall have the power to levy assessments or impose tolls and charges annually or otherwise to raise the amounts necessary to carry out said contract and to operate and maintain said works, including amounts to be paid to the United States under said contract, in the same manner and to the same effect as can be done by the board of directors of the district under the provisions of this act. Where local drains, laterals or improvements are to be constructed, or existing works or structures replaced or extended, and are thereafter to be operated and maintained by the division, the local board shall have similar power to levy assessments and to impose tolls or charges to raise the money required for such operation and maintenance, including amounts due the United States in that relation. |
κ1919 Statutes of Nevada, Page 113 (CHAPTER 64)κ
local drains, laterals or improvements are to be constructed, or existing works or structures replaced or extended, and are thereafter to be operated and maintained by the division, the local board shall have similar power to levy assessments and to impose tolls or charges to raise the money required for such operation and maintenance, including amounts due the United States in that relation. The works described in the contract with the United States shall be constructed, replaced or extended by such local board of directors, and the money raised by such special assessment therefor or for the operation and maintenance thereof shall be collected, kept and disbursed, and the apportionment of benefits made, as in this act provided when a division of the district is authorized to provide for local undertakings, the benefits of which are limited to such division; provided, that the provisions of this act relating to cooperation between a district and the United States, including those relating to the distribution and apportionment of water and the apportionment of benefits, shall apply in case of contract between the United States and a division of a district in so far as applicable. The execution of such contract with the United States and all proceedings ancillary thereto may be confirmed in court as a part of the confirmation proceedings instituted by the district, or upon petition by the board of directors of the division. Sec. 64. When an irrigation district comprises lands which are or may be served by works constructed by the United States, and a contract is proposed to be entered into with the United States for the operation and maintenance by the district of the existing works, or for the construction of a drainage system or other extension or improvement of such works, and the lands in a division of the district may be regarded as clearly outside the scope of such contract, the election thereon and for the authorization of the program or undertaking contemplated thereby may be confined to the remaining portion of the district exclusive of such division, and the apportionment of the benefits may be made accordingly; otherwise the proceedings in connection with such contract and the program or undertaking contemplated thereby shall be as heretofore provided in this act. Sec. 65. In any case where an irrigation district is appointed fiscal agent of the United States in connection with any federal reclamation project, or by the United States, or under contract therewith, is authorized or required to make collection of moneys on behalf of the United States, or for payments due the United States under any such contract, each director of the district, and the secretary and the treasurer thereof, shall execute a further and additional bond in such sum as the secretary of the interior may require, conditioned for the faithful discharge of the duties of his office, or as fiscal or other agent of the United States, or both; and any such bonds may be sued upon by the United States or any person injured by the failure of such officer or officers of the district to fully, promptly or completely perform their respective duties. |
Local board to levy assessments and impose tolls, etc.
Proceedings confirmed by court
When districts comprises certain lands; procedure
When district is appointed fiscal agent of U. S., additional bonds of officers |
κ1919 Statutes of Nevada, Page 114 (CHAPTER 64)κ
U. S. officers to have free access to books
Newspaper publication defined
Certain words defined and construed
Districts already organized not disturbed by this act
This act not to repeal previous legislation relating to irrigation or drainage; except certain act named |
or both; and any such bonds may be sued upon by the United States or any person injured by the failure of such officer or officers of the district to fully, promptly or completely perform their respective duties. This requirement shall apply to the directors of a division, and in so far as applicable to the officers of a district acting in that relation, in case of contract between the United States and such division. In all cases of contracts with the United States as above described the board of directors of the district, or of a division thereof, and the secretary and treasurer of a district, shall at any time allow any officer or employee of the United States, when acting under the order of the secretary of the interior, to have access to all books, records and documents which are in the possession or control of such officers. Sec. 66. Whenever in this act any notice is required to be given by publication, such provision shall be satisfied by publishing the same in a weekly newspaper the same number of times consecutively as the number of weeks mentioned in the requirement. Sec. 67. Whenever the words irrigation district or district are used in this act, they shall be held to mean any irrigation district heretofore organized under the laws of the state as well as under this act, to the full extent required to accomplish the purposes of this act; and whenever the words county treasurer or treasurer of the county are used in this act, they shall as well be held to mean ex officio tax receiver or tax receiver of the county. Sec. 68. Nothing in this act shall be so construed as to affect the validity of any district heretofore organized under the laws of this state, or its rights in or to property, or any of its rights or privileges of whatsoever kind or nature; but said districts are hereby made subject to the provisions of this act as far as applicable; nor shall it affect, impair, or discharge any contract, obligation, lien or charge for, or upon which it was or might become liable or chargeable had not this act been passed; nor shall it affect the validity of any bonds which have been issued but not sold, nor shall it affect any action which now may be pending. In such districts as have been heretofore organized, and in which directors of the various divisions thereof have been elected by the votes of the elector of the district at large, such elections are hereby confirmed. Sec. 69. Nothing in this act shall be construed as repealing or in any wise modifying the provisions of any other act relating to the subject of irrigation or drainage except such as may be contained in the act entitled An act to provide for the organization and government of drainage, irrigation and water storage districts, to provide for the acquisition of water and other property, and for the distribution of the water thereby for irrigation purposes, and for other matters properly connected therewith, approved March 20, 1911, and subsequent acts supplementary thereto or amendatory thereof, all of which acts, so far as they may be inconsistent herewith, are hereby repealed. |
κ1919 Statutes of Nevada, Page 115 (CHAPTER 64)κ
of the water thereby for irrigation purposes, and for other matters properly connected therewith, approved March 20, 1911, and subsequent acts supplementary thereto or amendatory thereof, all of which acts, so far as they may be inconsistent herewith, are hereby repealed. Sec. 70. This act may be referred to in any action, proceeding or legislative enactment as The Nevada Irrigation District Act, and whenever the words irrigation district are or have been used in any action or proceeding or in any act or resolution of the legislature such words shall be construed to mean an irrigation district organized under the provisions of the act approved March 20, 1911, or acts supplementary thereto or amendatory thereof, referred to in the preceding section, or an irrigation district organized or existing under this act. |
This act known as The Nevada Irrigation District Act |
________
Chap. 65An Act to provide for the erection and equipment of a teachers training building at the University of Nevada; providing for the issuance and sale of bonds therefor and the redemption thereof.
[Approved March 19, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The governor, state controller, and state treasurer, are hereby constituted a commission and hereby authorized, directed, and empowered to prepare and issue bonds of the State of Nevada in the sum of one hundred thousand dollars ($100,000). Said bonds shall be in denominations of five hundred dollars ($500) each, payable in gold coin of the United States and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor, and endorsed by the state treasurer, and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at a rate of not to exceed five per cent (5%) per annum, payable semiannually, and shall be payable within twenty years from date of issuance. Sec. 2. Upon the issuance and execution of said bonds the same shall be sold to the highest and best bidder, giving preference to the State of Nevada; provided, that any and all bids may be rejected. When so sold the state controller shall place the proceeds of said sale in a fund to be known as the university teachers training building fund. At least ten of said bonds of five hundred dollars ($500) each shall be redeemed each year, commencing June 1, 1920, and annually thereafter on same date. Sec. 3. There shall be annually levied an ad valorem tax of five-tenths of one cent on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the university teachers training building interest and redemption fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. |
Commission to issue bonds ($100,000) for teachers training building at University of Nevada
University teachers training building fund
Annual state tax |
κ1919 Statutes of Nevada, Page 116 (CHAPTER 65)κ
Board of regents to erect building
All bills paid out of said fund |
taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the university teachers training building interest and redemption fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. If after the payment of interest and the redemption of the number of bonds as herein provided for, there shall remain a surplus in said fund, such surplus shall be used for the retirement and cancelation of additional bonds provided in this act to the amount of such surplus. Sec. 4. The board of regents of the University of Nevada is hereby authorized and directed to erect a teachers training building at the University of Nevada and to provide for the heating and lighting and equipping of said building. The cost of said building and the construction thereof, together with the heating and lighting system and all equipment thereof, shall not exceed the sum of one hundred thousand dollars ($100,000). Sec. 5. All bills for the employment of architect and for the erection, and the heating and lighting system of said building and equipment thereof, shall be paid out of the university teachers training building fund, herein provided for in section 2, upon bills approved by the board of regents of the University of Nevada, and audited and approved by the board of examiners of the State of Nevada, as other claims against the state are paid. |
________
Preamble
Bonds, $50,000, for housing engineering experiment station fund |
Chap. 66An Act to provide for the housing of an engineering experiment station at the University of Nevada; providing for the issuance and sale of bonds therefor and the redemption thereof.
[Approved March 19, 1919]
Whereas, Legislation is now pending in Congress whereby the federal government may provide an annual appropriation to the State of Nevada for the support of an engineering experiment station; and Whereas, Said annual appropriation will be granted upon the condition that the State of Nevada will properly house said engineering experiment station:
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The governor, state controller, and state treasurer, as soon as the federal government assigns such engineering experiment station to the State of Nevada, are hereby constituted a commission and hereby authorized, directed, and empowered to prepare and issue bonds of the State of Nevada in the sum of fifty thousand dollars($50,000). |
κ1919 Statutes of Nevada, Page 117 (CHAPTER 66)κ
($50,000). Said bonds shall be in denominations of five hundred dollars ($500) each, payable in gold coin of the United States and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor, and endorsed by the state treasurer, and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at a rate not to exceed five per cent (5%) per annum, payable semiannually, and shall be payable within twenty years from date of issuance. Sec. 2. Upon the issuance and execution of said bonds the same shall be sold to the highest and best bidder, giving preference to the State of Nevada; provided, that any and all bids may be rejected. When so sold the state controller shall place the proceeds of said sale in a fund to be known as the University Engineering Experiment Station Building Fund. At least four of said bonds of five hundred dollars each shall be redeemed each year, commencing June 1, 1920, and annually thereafter on same date. Sec. 3. There shall be annually levied an ad valorem tax of two-tenths of one cent on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the university engineering experiment station building interest and redemption fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. If after the payment of interest and the redemption of the number of bonds as herein provided for there shall remain a surplus in said fund, such surplus shall be used for the retirement and cancelation of additional bonds provided in this act to the amount of such surplus. Sec. 4. The board of regents of the University of Nevada is hereby authorized and directed to provide for the proper housing of said engineering experiment station. The cost of said building, together with the heating and lighting system, and equipment therefor shall not exceed the sum of $50,000. Sec. 5. All bills for the employment of architect and for the erection and the heating and lighting system and equipment of said building shall be paid out of the university engineering experiment station building fund, herein provided for in section 2, upon bills approved by the board of regents of the University of Nevada, and audited and approved by the board of examiners of the State of Nevada as other claim against the state are paid. |
University engineering experiment station fund
Annual state tax
Board of regents to provide proper housing
All bills paid out of said fund |
________
κ1919 Statutes of Nevada, Page 118κ
Preamble
Bonds $30,000, for housing mining experiment station at University of Nevada
University mining experiment station fund
Annual state tax |
Chap. 67An Act to provide for the housing of a mining experiment station at the University of Nevada; providing for the issuance and sale of bonds therefor and the redemption thereof.
[Approved March 19, 1919]
Whereas, Negotiations are now pending whereby the federal government may provide an annual appropriation to the State of Nevada for the support of a mining experiment station; and Whereas, Said annual appropriation will be granted upon the condition that the State of Nevada will properly house said mining experiment station:
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The governor, state controller, and state treasurer, as soon as the federal government assigns such mining experiment station to the State of Nevada, are hereby constituted a commission and hereby authorized, directed, and empowered to prepare and issue bonds of the State of Nevada in the sum of thirty thousand dollars ($30,000). Said bonds shall be in denominations of five hundred dollars ($500) each, payable in gold coin of the United States and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor, and endorsed by the state treasurer, and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at a rate not to exceed five per cent (5%) per annum, payable semiannually, and shall be payable within twenty years from date of issuance. Sec. 2. Upon the issuance and execution of said bonds the same shall be sold to the highest and best bidder, giving preference to the State of Nevada; provided, that any and all bids may be rejected. When so sold the state controller shall place the proceeds of said sale in a fund to be known as the University Mining Experiment Station Building Fund. At least four of said bonds of five hundred dollars each shall be redeemed each year, commencing June 1, 1920, and annually thereafter on same date. Sec. 3. There shall be annually levied an ad valorem tax of two-tenths of one cent on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the university mining experiment station building interest and redemption fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. If after the payment of interest and the redemption of the number of bonds as herein provided for, there shall remain a surplus in said fund, such surplus shall be used for the retirement and cancelation of additional bonds provided in this act to the amount of such surplus. |
κ1919 Statutes of Nevada, Page 119 (CHAPTER 67)κ
additional bonds provided in this act to the amount of such surplus. Sec. 4. The board of regents of the University of Nevada is hereby authorized and directed to provide for the proper housing of said mining experiment station; either by building an extension to the present mining building at the university, or by erecting a mining experiment station building at the University of Nevada, as said board of regents, after due consideration, may decide. The cost of said extension or said building, together with the heating and lighting system, and partial equipment therefor shall not exceed the sum of $30,000. Sec. 5. All bills for the employment of architect and for the erection and the heating and lighting system or partial equipment of said extension or said building shall be paid out of the university mining experiment station building fund, herein provided for in section 2, upon bills approved by the board of regents of the University of Nevada, and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid. |
Board of regents to provide proper housing
All bills paid out of said fund |
________
Chap. 68An Act to amend section one of an act entitled An act to amend an act entitled An act providing for the disposition of poll-tax collections and providing for the issuance of poll-tax receipts, approved March 27, 1911, approved February 28, 1913.
[Approved March 18, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above-entitled act is hereby amended so as to read as follows: Section 1. From and after the passage of this act all money received from poll-tax collections, made from persons residing outside the limits of any incorporated town or city within this state, shall be turned into the general road fund of the county in which said poll-tax shall be collected. The county commissioners of the various counties may appropriate the money of said general road fund for the building and maintenance of such public roads of their respective counties as they may deem for the best interest of the public. From and after the passage of this act all money received from poll-tax collections, made from persons residing within the limits of any incorporated town or city within this state, shall be turned over monthly, as collected, to the proper official or officials of such incorporated town or city, and be by such incorporated town or city expended in the building, improvement and care of the public streets, alleys and roads therein situated. |
Poll-taxes outside of incorporated city or town to go to county road fund
Poll-taxes in city or town to be expended for care of streets, etc. |
κ1919 Statutes of Nevada, Page 120 (CHAPTER 68)κ
Repeal In effect |
Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 3. This act shall take effect from and after its passage and approval. |
________
Regulation of savings bank
Funds, how invested
Proviso
Chattel mortgages not deemed collateral security |
Chap. 69An Act to amend section 6 of an act entitled An act to regulate banking and other matters relating thereto, approved March 22, 1911.
[Approved March 19, 1919]
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. Any banking corporation designating its business as that of a savings bank shall have power to carry on a savings-bank business as prescribed and limited in this act. Any savings bank may receive deposits, and such deposits shall be repaid to the depositors or their lawful representatives at such time and with such interest and under such regulations, assented to by the depositors, as shall be prescribed by said bank and approved by the state banking board, which regulations shall be printed and conspicuously posted in some place accessible and visible to all persons in the business office of said bank. The funds of any savings bank, except the reserve provided for in this act, shall be invested in bonds of the United States, or of any state of the United States, or in the public debt or bonds of any city, county, township, irrigation districts, village or school district of any state in the United States which shall have been lawfully issued; or may be loaned on negotiable paper secured by any of the above-mentioned classes of security; or upon notes or bonds secured by mortgage lien upon unincumbered real estate; provided, that second-mortgage loans may be made upon improved farm lands, but no loans shall be made upon such lands or other real estate which, including the aggregate amount of all incumbrances, shall exceed fifty per cent of the cash value thereof; or upon notes secured by collateral security of known marketable value; or shall be deposited in good solvent banks or held as cash; provided, also, that chattel mortgages shall not be deemed collateral security and savings banks are prohibited from investing their funds in them except with the written consent of the state bank examiner. |
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κ1919 Statutes of Nevada, Page 121κ
Chap. 70An Act granting the right of way to H. B. Maxson and his associates and assigns, for the construction of a railroad from the Desert Queen mine in Churchill County, Nevada, in an easterly direction to a point on the Central or Southern Pacific Railroad, between the stations of Parran and Hazen.
[Approved March 17, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The right of way, two hundred feet in width, on which to locate, construct, maintain and operate, either by steam or electric power, a narrow- or broad-gage railroad with iron or steel rails, by such route as they may deem most feasible, from a point on the Desert Queen mine, in Desert Mining District, Churchill County, Nevada, thence in an easterly direction to a point on the Central or Southern Pacific Railroad, between the station of Parran and Hazen, is hereby granted to H. B. Maxson, and his associates and assigns, for the term of fifty years; provided, that the construction of said railroad shall be commenced within one year from the date of the passage of this act, and shall be completed within three years thereafter. Sec. 2. The said H. B. Maxson, his associates and assigns, shall have all the rights, privileges and franchises conferred upon railroad companies incorporated in this state by the provisions of 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, and the acts amendatory thereof, or supplemental thereto, so far as the same are consistent with the provisions of this act. |
Right of way granted for railroad in Churchill County
Construction must be started within one year
Certain act to govern |
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Chap. 71An Act regulating the payment of wages or compensation in private employments, providing for regular pay-days therein, making it the duty of the labor commissioner and district attorneys, in this state, to enforce its provisions, and providing penalties for violations of this act, and other matters relating thereto.
[Approved March 19, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All wages or compensation of employees in private employments shall be due and payable semimonthly, that is to say, all such wages or compensation earned and unpaid prior to the first day of any month, shall be due and payable not later than the fifteenth day of the month following that in which such wages or compensation were earned; |
Semimonthly pay-days established |
κ1919 Statutes of Nevada, Page 122 (CHAPTER 71)κ
Private employment defined
Salary paid immediately on discharge of employee-in 24 hours on resignation of employee Employer culpable, when; penalty
Notice of regular pay-days to be posted
Employee, if absent on pay-day, shall be paid within 5 days |
and all wages or compensation earned and unpaid prior to the sixteenth day of any month shall be due and payable not later than the last day of the same month; but nothing contained herein shall be construed as prohibiting the contracting for the payment or of the payment of wages at more frequent periods than semimonthly. Every agreement made in violation of this section, except as hereinafter provided, shall be null and void; except any employee shall be entitled to payment of such wages or compensation for the period during which the same were earned. The words private employments used in this act shall mean all employments other than those under the direction, management, supervision, and control of this state or any county, city, or town therein, or any office or department thereof. Sec. 2. Whenever an employer discharges an employee, the wages and compensation earned and unpaid at the time of such discharge shall become due and payable immediately; but whenever an employee resigns or quits his employment, the wages and compensation earned and unpaid at the time of such resignation or quitting, shall be paid within twenty-four hours after a demand therefor. Should any employer fail to pay within three (3) days after the same shall become due and payable, under the provisions of this act, any wages or compensation, without deduction, of any employee, who is discharged from or who resigns or quits his employment, then as a penalty for such nonpayment of such wages or compensation, the same shall continue from the date of the cessation of employment at the same rate until paid; provided, in no case shall such wages or compensation continue for more than thirty (30) days; and provided further, any employee who secretes or absents himself to avoid payment of such wages or compensation, or refuses to accept the same when fully tendered to him, shall not be entitled to the payment thereof for such time as he so secretes or absents himself to avoid such payment. Sec. 3. Every employer shall establish and maintain regular pay-days as herein provided and shall post and maintain posted notices printed in plain type or written in plain script in at least two (2) conspicuous places where such notices can be seen by the employees, setting forth the regular pay-days as herein prescribed and place of payment, which shall be within the justice court precinct in which such services were performed. In case an employee shall be absent at the time and place of the payment of such wages or compensation, due and payable as herein prescribed, provided he does not secrete or absent himself to avoid such payment as aforesaid, he shall be paid the same within five (5) days after making written demand therefor. |
κ1919 Statutes of Nevada, Page 123 (CHAPTER 71)κ
The payment of such wages or compensation shall be made in lawful money of the United States, or by a good and valuable negotiable check or draft payable on presentation thereof at some bank or established place of business without discount in lawful money of the United States, and not otherwise, and shall be payable at the place designated in the notice prescribed herein. Sec. 4. Nothing in this act shall be so construed as to preclude the withholding from the wages or compensation of any employee any dues, rates or assessments becoming due to any hospital association, or to any relief, savings, or other department or association, maintained by the employer or employees for the benefit of the employees, or poll-tax, or other deductions authorized by written order of an employee; provided, at the time of payment of such wages or compensation, such employee shall be furnished by the employer an itemized list showing the respective deductions made from the total amount of such wages or compensation. Sec. 5. Should any provision of this act be judicially decreed, or declared null or void, the remaining provisions thereof shall not be affected thereby, but the same shall be given full force and effect. Sec. 6. Any employer who fails or refuses to pay any of the wages or compensation of an employee, in whole or in part, as in this act provided, or violates any of the remaining provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars nor more than three hundred ($300) dollars. Sec. 7. It shall be the duty of the labor commissioner to cause this act to be duly enforced and upon notice from him the district attorney of any county in which a violation of this act has occurred, shall prosecute the same according to law. Sec. 8. Nothing in this bill, however, shall be so construed as to mean that on any special occasion where it appears to be satisfactory and beneficial to both employer and employee, that they shall not have the right to agree either verbally or in writing, as to where and at what time, other than every fifteen days, wages shall be paid; provided, that it shall be unlawful for any employer to require any employee to enter into any such agreement as a condition to entering into or remaining in his service. |
Wages paid in legal tender
Hospital or savings dues, etc., may be retained by employer; proviso
Each provision of this act independent
Penalty for violation
Labor commissioner to enforce act
Private agreements regarding pay-days permitted; proviso |
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κ1919 Statutes of Nevada, Page 124κ
Caucasians prohibited from marrying Ethiopians, Malays or Mongolians |
Chap. 72An Act to amend section 249 of an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 19, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 249 of An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, is hereby amended to read as follows: Section 249. It shall be unlawful for any person of the Caucasian or white race to intermarry with any person of the Ethiopian or black race, Malay or brown race, or Mongolian or yellow race, within the State of Nevada. |
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Concerning Protestant Episcopal church of Nevada |
Chap. 73An Act to amend an act entitled An act for the incorporation of the Protestant Episcopal churches in the United States of America, in the Territory of Nevada, approved December 19, 1862.
[Approved March 19, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The said act entitled An act for the incorporation of the Protestant Episcopal churches in the United States of America, in the Territory of Nevada, is hereby amended by adding thereto another section, which shall be known as section 10, and which shall read as follows: Section 10. Whenever it is provided in any canon, by-law, or statute of the missionary district of Nevada (or diocese of Nevada, if said missionary district shall become a diocese) of said Protestant Episcopal church that the annual meeting for the election of the members of the vestry or governing body of any church or religious congregation incorporated under this act shall be held at a time other than that specified in the certificate of incorporation of such church or congregation, any election of the members of said vestry held at the time specified in such canon, by-law, or statute shall be valid, and the church wardens and vestrymen chosen at any said election shall hold their offices until the expiration of the year for which they shall be elected or chosen, and until others shall be elected in their stead. |
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κ1919 Statutes of Nevada, Page 125κ
Chap. 74An Act to amend section 3 of an act entitled An act concerning Lincoln County officers, and fixing their salaries, approved March 25, 1915.
[Approved March 19, 1919]
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. On and after the fifth day of January, 1917, the salaries of the following officers of Lincoln County shall be as follows: The county commissioners shall each receive the sum of three hundred dollars per annum, and, in addition thereto, mileage at the rate of ten cents per mile necessarily traveled in attending regularly convened meetings of the board. The sheriff shall receive the sum of eighteen hundred dollars per annum. The assessor shall receive the sum of twelve hundred dollars per annum. The treasurer shall receive the sum of eighteen hundred dollars per annum. The clerk shall receive the sum of twelve hundred dollars per annum. At the request of the clerk, the board of county commissioners may appoint a deputy clerk, in special cases, at a compensation to be fixed in the order making the appointment. The recorder and ex officio auditor shall receive the sum of fifteen hundred dollars per annum. The district attorney, who shall be ex officio public administrator, shall receive the sum of eighteen hundred dollars per annum. |
Salaries of officers of Lincoln County Commissioners
Sheriff Assessor Treasurer Clerk
Recorder and auditor
District attorney |
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Chap. 75An Act defining the crime of burglary with explosives and providing the punishment therefor.
[Approved March 19, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who, with intent to commit crime, breaks and enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe or other secure place by use of nitroglycerine, dynamite, gunpowder or any other explosive, shall be deemed guilty of burglary with explosives. Sec. 2. Any person convicted of burglary with explosives shall be punished by imprisonment for a term of not less than five years nor more than twenty years. |
Burglary with explosives defined
Punishment |
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κ1919 Statutes of Nevada, Page 126κ
Clark County to issue bonds for $75,000 for state highways in said county Annual tax for same
Clark county-state highway fund
Faith of state pledged |
Chap. 76An Act authorizing and empowering the board of commissioners of Clark County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county.
[Approved March 19, 1919]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of commissioners of Clark County, Nevada, is hereby authorized and empowered to issue bonds of said Clark County in the sum of not to exceed seventy-five thousand ($75,000) dollars and not to exceed six per cent (6%) interest thereon and not to run to exceed 20 years and to be issued from time to time as may be required, in the usual form of county bond. The said board is also authorized and empowered to levy an annual tax upon all the property within the said Clark County subject to taxation for the purpose of paying the interest and principal of said bonds. Sec. 2. Said bonds shall be sold by the said board at not less than the par value thereof and the proceeds thereof when sold shall be deposited with the treasurer of Clark County to the credit of the Clark county-state highway fund and shall be used solely for the purpose of aiding in the construction of state highways within the said Clark County. Sec. 3. 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 issued under and by virtue thereof shall have been paid in full. |
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Deficiencies of state institutions for 1917-1918 |
Chap. 77An Act to provide for the payment of deficiencies of various state institutions and departments accrued during 1917 and 1918.
[Approved March 20, 1919]
Whereas, During the years 1917 and 1918 the orphans home, state prison, hospital for mental diseases, state capitol expenses, military demands, and deaf, blind and feeble-minded support appropriations were found inadequate, owing to unforeseen increases of cost, to meet the expenses necessary to properly maintain the departments mentioned; and Whereas, The various boards and officers responsible for the expenditure of the above appropriations did present such conditions to the attention of the state board of examiners, as provided by law; and Whereas, The state board of examiners, by authority of chapter 165, Statutes of 1915, declared an extreme emergency to exist relative to the above-named appropriations, and by unanimous resolution, on dates given below, did authorize deficiencies as follows: |
κ1919 Statutes of Nevada, Page 127 (CHAPTER 77)κ
authorize deficiencies as follows: Orphans home, support, $3,000, November 30, 1918; state prison, support, $18,000, September 1, 1918; state prison, support $4,000 November 15, 1918; hospital for mental diseases, support, $15,000, October 1, 1918; capitol, general expenses, $8,000, August 2, 1918; military demands, support, $5,000, November 1, 1918; deaf, blind and feeble-minded, support, $3,750, November 14, 1918; and Whereas, By authority of such deficiency resolutions, claims were contracted by the departments named for the following amounts: Orphans home, $1,928.25; state prison, $21,716.40; hospital for mental diseases, $14,148.13; state capitol, $7,597.15; military demands, $3,443.65; deaf, blind and feeble-minded, $3,570.48; totaling $52,404.06, and deficiency warrants were issued therefor; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifty-two thousand four hundred four dollars and six cents is hereby appropriated, out of any moneys in the general fund of the state not otherwise appropriated, for the payment of the deficiencies referred to in the preamble hereto; and the state controller is directed to draw his warrants to the various claimants, or their assignees, to whom the same is due as shown by the deficiency warrants covering said amount, and the state treasurer is directed to pay the same. |
Deficiencies of state institutions for 1917-1918
Appropriation, $52,404.06 |
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Chap. 78An 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.
[Approved March 22, 1919]
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 e |