[Senate Bill No. 1–Senator Cowles]

Chapter 1–An Act to create a legislative fund.

[Approved January 20, 1921]

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 dollars ($60,000), which shall constitute the legislative fund.

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

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

Legislative appropriation, $60,000

Duties of controller and treasurer

Residue to revert

[Senate Bill No. 2–Senator Hesson]

Chap. 2–An Act to authorize the district attorney of Elko County, Nevada, to employ an office stenographer, fixing the compensation of said stenographer, and providing for the payment of the same.

[Approved February 5, 1921]

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

Assembly, do enact as follows:

      Section 1.  From and after the passage and approval of this act, the district attorney of Elko County, Nevada, shall and is hereby authorized to employ a stenographer for his office at a salary not to exceed twelve hundred ($1,200) dollars per annum.

Stenographer for Elko County district attorney

Salary

and is hereby authorized to employ a stenographer for his office at a salary not to exceed twelve hundred ($1,200) dollars per annum. Said salary to be paid by Elko County, Nevada, in monthly installments of not to exceed one hundred ($100) dollars per month, and at the same time and in the same manner that the salaries of the other county officers are paid.

Estates of deceased persons

Executors may sue and be sued

[Assembly Bill No. 13–Mr. Henderson]

Chap. 3–An Act to amend an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897.

[Approved February 7, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 165 of the above-entitled act, being section 6022 of the Revised Laws of Nevada, is hereby amended so as to read as follows:

      Section 165.  Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates.

Amending divorce law

Six months residence

[Senate Bill No. 4–Senator Scott]

Chap. 4–An Act to amend section 22 of an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, as said section has heretofore been amended, and particularly as amended by acts approved February 15, 1875, February 20, 1913, and February 23, 1915.

[Approved February 8, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 22 of the said act is hereby amended so as to read as follows:

      Section 22.  Divorce from the bonds of matrimony may be obtained by complaint under oath to the district court of the county in which the cause therefor shall have accrued, or in which the defendant shall reside or be found, or in which the plaintiff shall reside, if the latter be either the county in which the parties last cohabited, or in which the plaintiff shall have resided six months before suit be brought, for the following causes:

      First-Impotency at the time of the marriage continuing to the time of the divorce.

      Second-Adultery, since the marriage, remaining unforgiven.

      Third-Wilful desertion, at any time, of either party by the other, for the period of one year.

      Fourth-Conviction of felony or infamous crime.

      Fifth-Habitual gross drunkenness, contracted since marriage, of either party, which shall incapacitate such party from contributing his or her share to the support of the family.

      Sixth-Extreme cruelty in either party.

      Seventh-Neglect of the husband, for the period of one year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband which he could not avoid by ordinary industry.

      Provided, that unless the cause of action shall have accrued within the county while plaintiff and defendant were actually domiciled therein, no court shall have jurisdiction to grant a divorce unless either the plaintiff or the defendant shall have been a resident of the state for a period of not less than six months next preceding the commencement of the action.

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

Causes for divorce

Provision as to six-months residence

Repeal

[Assembly Bill No. 16–Mr. Lockhart]

Chap. 5–An Act to amend sections 129 and 130 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, and being sections 5985 and 5986 of the Revised Laws of Nevada, 1912.

[Approved February 10, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 129 of the above-entitled act, and being section 5985 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows:

      Section 129.  When a sale of property of the estate is necessary to pay the allowance of the family, or the debts outstanding against the decedent, or the debts, expenses, or charges of administration, or legacies; or when it appears to the satisfaction of the court that it is for the advantage, benefit, and best interests of the estate, and those interested therein, that the real estate, or some part thereof, be sold, the executor or administrator may sell any real as well as personal property of the estate, upon the order of the court; and an application for the sale of real property may also embrace the sale of personal property.

      Sec. 2.  Section 130 of the above-entitled act, and being section 5986 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows:

Estates of deceased persons

When executor may sell property

Order for sale, how obtained

Subsequent proceedings not invalidated

section 5986 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows:

      Section 130.  To obtain such order for the sale of real property, he must present a verified petition to the district court, or a judge thereof, setting forth the amount of personal estate that has come to his hands, and how much thereof, if any, remains undisposed of; the debts outstanding against the decedent, as far as can be ascertained or estimated; the amount due upon the family allowance, or that will be due after the same has been in force for one year; the sum, if any, due for last sickness and funeral of deceased; the debts, expenses, and charges of administration already accrued, and an estimate of what will or may accrue during administration; a general description of all the real property of which the decedent died seized, or in which he had any interest, or in which the estate has acquired any interest, and the condition and value thereof, and whether the same be community or separate property; the names of the legatees and devisees, if any, and the heirs of the deceased, so far as known to the petitioner; and if said order for sale of real estate is petitioned for on the ground that it is for the advantage, benefit, and best interests of the estate, and those interested therein, that a sale be made, the petition, in addition to the foregoing facts, must set forth in what way an advantage or benefit would accrue to the estate, and those interested therein, by such sale,

      If any of the matters herein enumerated cannot be ascertained, it must be so stated in the petition; but a failure to set forth facts hereinbefore enumerated will not invalidate the subsequent proceedings, if the defects be supplied by the proofs at the hearing and the general facts showing that such sale is necessary, or that such sale is for the advantage, benefit, and best interests of the estate, and those interested therein, be stated in the decree.

Amending civil practice act

[Assembly Bill No. 18–Mr. Heward]

Chap. 6–An Act to amend section 223 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911.

[Approved February 10, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 223 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, is hereby amended so as to read as follows:

      Section 223.  The defendant may also, at any time before trial apply upon motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof for a discharge of the attachment on the following grounds:

      1.  That the writ was improperly issued;

      2.  That the property levied upon is exempt from execution;

      3.  That the levy is excessive. If the court or the judge thereof on the hearing of such motion shall find that any of the foregoing grounds exist, the attachment and levy thereof shall be discharged; provided, that, if the motion is based upon the third ground only, and same is found to exist, the discharge of attachment shall be only as to the excess.

Grounds for discharge of attachment

Proviso

[Assembly Bill No. 22–Mr. Pohl]

Chap. 7–An Act to amend an act entitled “An act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty,” approved March 9, 1866.

[Approved February 10, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 35 of the above-entitled act is hereby amended so as to read as follows:

      Section 35.  Every office shall become vacant upon the occurring of either of the following events before the expiration of the term of such office:

      First-The death or resignation of the incumbent.

      Second-The removal of the incumbent from office.

      Third-The confirmed insanity of the incumbent, found upon a commission of lunacy, issued to determine the fact.

      Fourth-A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond.

      Fifth-A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in section 22 of this act; or, when a bond is required by law, his refusal or neglect to give such bond within the time prescribed by law.

      Sixth-The ceasing of the incumbent to be a resident of the state, district, county, city, or precinct in which the duties of his office are to be exercised, or for which he shall have been elected or appointed.

      Seventh-The ceasing of the incumbent to discharge the duties of his office for a period of three months, except when prevented by sickness, or absence from the state upon leave, as provided by law.

When public office becomes vacant

Duties of certain officers

prevented by sickness, or absence from the state upon leave, as provided by law.

      Eighth-The decision of a competent tribunal declaring the election or appointment void or the office vacant.

      Upon the happening of any of the aforesaid events, should the incumbent fail or refuse to relinquish his office, it is hereby made the duty of the attorney-general, if the office affected be a state or district office, or of the district attorney if the office affected be a county, city, or precinct office, to commence and prosecute, in a court of competent jurisdiction, any and all proceedings for judgment and decree declaring such office vacant.

When highway engineer may execute road work

When bids advertised for in newspapers

Bonds from contractors

[Assembly Bill No. 23–Mr. Smith]

Chap. 8–An 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 16, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 14 of the said act is hereby amended to read as follows:

      Section 14.  Whenever it shall appear to the state highway engineer that any work or improvements can be done in a more economical or other satisfactory manner than by contract, it shall be discretionary with the state highway engineer, with the unanimous approval of the board of state highway directors, the governor, and the board of county commissioners of the county in which the work is to be performed, to execute such work or improvements himself; otherwise, it shall be the duty of the state highway engineer to advertise for bids for such work according to plans and specifications prepared by him. Publication thereof shall be made in a newspaper of general circulation in the county in which the proposed improvement or construction is to be made, for a period of two weeks in a weekly newspaper, or for a period of ten days when in a daily newspaper, and such advertisement shall be published in one or more daily papers of general circulation throughout the state for a period of ten days. Such advertisement shall state the place where the bidders may inspect the plans and specifications, the time and place when bids will be received, and the time and place for opening the same. Every bid shall be accompanied by a certified check of the bidder in an amount equal to five per cent of the amount of his bid, said amount to be forfeited to the state highway fund should the bidder to whom the contract is awarded fail to enter into the contract in accordance with his bid and give the bond required within ten days after notice of such award.

accordance with his bid and give the bond required within ten days after notice of such award. The checks of all unsuccessful bidders shall be returned immediately after the contract is awarded and the bond given.

      All bids so submitted shall be received at the office of the department of highways and shall be publicly opened and read at the time stated in the advertisement. The department of highways shall have the right to reject any and all bids, if, in the opinion of the department, the bids are unbalanced, or for any good cause. In awarding contract the department of highways shall make the award to the lowest responsible bidder. The successful bidder shall be required to furnish bond, with sureties, approved by the department of highways in a sum equal to at least one-half of the amount of the contract awarded, conditioned that such work shall be performed in accordance with the plans and specifications and terms of contract, and otherwise conditioned as in this act provided, and no party bidding for work shall be accepted as surety on any required bond. When the contract is executed, a copy of the same, including plans and specifications and estimates of cost, shall be filed forthwith in the office of the department of highways and a like copy filed with the clerk of the board of county commissioners of the county in which the work is to be performed.

Bids opened at department headquarters

Successful bidder’s bond 50% of contract

Contracts, where filed

[Senate Bill No. 10–Senator Dressler]

Chap. 9–An Act to amend an act entitled “An act relating to the state university and matters properly connected therewith,” approved February 7, 1887.

[Approved February 17, 1921]

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

Assembly, do enact as follows:

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

      Section 10.  The board of regents of the University of Nevada shall have the power to fix a tuition charge for students at that university; provided, however, that tuition shall be free (a) to all students whose families are bona-fide residents of the State of Nevada, and (b) to all students whose families reside outside of the State of Nevada providing such students have themselves been bona-fide residents of the State of Nevada for at least six months prior to their matriculation at the university.

University

When regents may charge tuition

Salary of mayor of Las Vegas, $75 per year

[Senate Bill No. 26–Senator Griffith]

Chap. 10–An Act to amend section 10 of an act entitled “An act to incorporate the town of Las Vegas in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911.

[Approved February 17, 1921]

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

Assembly, do enact as follows:

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

      Section 10.  The mayor of said city shall receive as remuneration for his services the sum of seventy-five ($75) dollars per annum, payable in equal monthly installments, and each of the commissioners shall receive the sum of seventy-five ($75) dollars per annum, payable in the same manner.

Members of Southern Nevada agricultural board

[Senate Bill No. 27–Senator Scott]

Chap. 11–An 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, as amended February 27, 1919.

[Approved February 17, 1921]

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.  For the advancement of agriculture, horticulture, the livestock industry and home economics, and for the dissemination of knowledge and information in relation thereto, in Clark County, in Lincoln County, and in that portion of Nye County lying south of the 37th degree parallel of latitude, in southern Nevada, the governor is hereby authorized to appoint three persons, resident therein, as members of the Southern Nevada agricultural board, which is hereby created.

is hereby created. The terms of office of the members of said board shall be at the pleasure of the governor, and they shall serve without compensation other than for actual traveling and living expenses when attending meetings thereof. Said board shall organize by electing one of their number as chairman and may appoint a secretary who shall serve without compensation.

[Senate Bill No. 22–Senator Chapin]

Chap. 12–An Act to amend an act entitled “An act relating to the office of public administrators, and prescribing their duties,” approved March 7, 1883 (1626).

[Approved February 19, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 13 of the act entitled and approved as aforesaid is hereby amended to read as follows:

      Section 13.  Public administrators are authorized to administer on the estates of any deceased persons in any cases where by law they are entitled to administer by virtue of their offices, and shall be required to make formal application for letters of administration, and file and have approved a bond, payable to the State of Nevada, in all estates where the estimated value of the personal property shall exceed the sum of five hundred ($500) dollars; provided, that the bond of any public administrator may be increased as provided in this or other acts.

      Sec. 2.  This act shall take effect from and after its passage and approval.

Public administrators, duties of

Bond

In effect

[Senate Bill No. 23–Senator Harrington]

Chap. 13–An Act to authorize the board of county commissioners of Ormsby County to issue bonds for the purpose of creating a fund for the completion and furnishing of its courthouse, county building and jail, authorizing the issuance of bonds and the payment thereof, and other matters properly relating thereto.

[Approved February 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  The Board of county commissioners of Ormsby County, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county in conformity with the provisions of this act, for an amount not to exceed sixty thousand dollars, exclusive of interest, for the purpose of providing funds for the completion and furnishing of its courthouse, county building and jail in Carson City, Ormsby County, Nevada.

Bonds to finish Ormsby courthouse

Commissioners to advertise

Duties and form of bonds

Denomination

Interest 6%

Sale of bonds

To be published in newspapers

the purpose of providing funds for the completion and furnishing of its courthouse, county building and jail in Carson City, Ormsby County, Nevada.

      Sec. 2.  Said board shall adopt plans and specifications for the completion of said building and advertise at least three weeks for bids on the same in some newspaper of general circulation published in said county; provided, that said commissioners may, if they deem it for the best interest of said county, complete and furnish said building, or any part thereof, without advertising for bids or letting any contract therefor; and provided further, the commissioners shall have the right to reject any and all bids.

      Sec. 3.  Said bonds herein authorized to be issued shall bear a date which shall be on or before July 1, 1921, and shall be signed by the chairman of the board of county commissioners, countersigned by the county treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bond, and each of such coupons shall be consecutively numbered, and signed by the chairman of the said board of county commissioners and the county treasurer, or bear the printed facsimile of said signatures.

      Sec. 4.  Said bonds shall be issued in denominations of five hundred dollars each, and shall be numbered consecutively from 1 to 120, and shall mature according to their consecutive numbers at the rate of six bonds per annum, with the first six maturing July 1, 1924, and in no case shall any of said bonds run for a date beyond July 1, 1943. Each and every bond so issued shall promise in substance that the county of Ormsby, State of Nevada, owes and will pay at the maturity of such bond to the holder thereof the sum expressed therein. Each of said bonds shall bear interest at a rate not exceeding six per cent per annum, payable semiannually. The principal and interest of said bonds shall be made payable in lawful money of the United States, and said bonds and said interest coupons shall be made payable upon presentation and surrender thereof at the office of the county treasurer of said Ormsby County, Nevada.

      Sec. 5.  The board of county commissioners of Ormsby County may, in the discretion of said board, sell any of the bonds herein provided for, for cash, by causing a notice of the sale of said bonds to be published once each week for a period of three consecutive weeks in some newspaper of general circulation published in said Ormsby County; such notice shall describe the bonds to be sold and shall call for sealed bids to be filed with such board of county commissioners on or before the time and day specified in said notice, at which time said bids, if any shall be received, shall be opened and the bonds sold to the highest and best bidder for cash; provided, that none of said bonds shall be sold at less than the par value thereof; and provided further, that in the event said bonds, or any thereof, are not sold at public sale, as hereinabove provided, then the board of county commissioners is authorized to sell said bonds or so many thereof as it deems best at private sale, for not less than the par value thereof.

cash; provided, that none of said bonds shall be sold at less than the par value thereof; and provided further, that in the event said bonds, or any thereof, are not sold at public sale, as hereinabove provided, then the board of county commissioners is authorized to sell said bonds or so many thereof as it deems best at private sale, for not less than the par value thereof. Said board is hereby authorized to reject any or all bids filed for the purchase of said bonds, and, at its discretion, to require a deposit to be made in the manner provided for by it as a part of, and accompanying, each bid.

      Sec. 6.  For the purpose of creating a fund for the payment of the bonds authorized by this act and the interest thereon, the board of county commissioners of Ormsby County are hereby authorized and required to levy and collect annually, until the principal and interest of said bonds shall be fully paid, a special tax on the assessed value of all property, both real and personal, including the taxable proceeds of mines, within the boundaries of said Ormsby County, sufficient to pay the interest on said bonds as the same may become due, and to pay and retire six of said bonds annually, beginning with July 1, 1924. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as “Courthouse and County Building Completion Bond Fund.”

      Sec. 7.  It shall be obligatory on said county and its proper officers to fully pay the interest on said bonds, semiannually, and, beginning with July 1, 1924, and annually thereafter, to fully pay and retire six of said bonds in the order that they are issued, until all of such bonds and the interest thereon are fully paid, canceled and retired.

      Sec. 8.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners, be transferred to the general fund of said county.

      Sec. 9.  The clerk of the board of county commissioners of Ormsby County shall provide and keep a suitable book in his office in which shall be registered the number and amount of the bonds issued under his act, the date of the sale of said bonds, the number and amount of bonds sold, to whom said sale was made, the date of maturity of said bonds, and the date of their payment and cancelation.

      Sec. 10.  Whenever the county treasurer shall pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books with the amount so paid.

Fund for payment of bonds

“Courthouse and County Building Completion Bond Fund”

Interest payable semiannually

Tax ceases, when

Clerk to keep register of bonds

Cancelation of bonds

Interest to cease, when

Faith of Nevada pledged

the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books with the amount so paid.

      Sec. 11.  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. 12.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation thereby imposed omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full, as in this act specified and provided.

Amending act creating Mineral County

Salaries of Mineral County officers

Sheriff

Under-sheriff

[Senate Bill No. 32–Senator Miller]

Chap. 14–An Act to amend an act entitled “An act to amend section 9 of an act entitled ‘An act creating and organizing the county of Mineral out of a portion of Esmeralda County, and providing for its government, and to regulate the affairs of Esmeralda and Mineral County,’ approved February 10, 1911,” approved March 28, 1919.

[Approved February 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 1 of an act entitled “An act to amend section 9 of an act entitled ‘An act creating and organizing the county of Mineral out of a portion of Esmeralda County, and providing for its government, and to regulate the affairs of Esmeralda County and Mineral County,’ approved February 10, 1911,” approved March 28, 1919, is hereby amended to read as follows:

      Section 1.  Section 9 of an act entitled “An act creating and organizing the county of Mineral out of a portion of Esmeralda County, and providing for its government, and to regulate the affairs of Esmeralda County and Mineral County,” approved February 10, 1911, is hereby amended to read as follows:

      Section 9.  The following-named officers of Mineral County, State of Nevada, shall receive, in full payment for all services and ex officio services rendered by them, the following salaries:

      The sheriff, for services as sheriff, shall receive the sum of ten hundred ($1,000) dollars per annum, and for his services as ex officio county assessor and ex officio collector of licenses, the sum of three thousand ($3,000) dollars per annum.

      The sheriff is hereby authorized to appoint not more than one under-sheriff, and said under-sheriff (who shall also be deputy county assessor and deputy collector of licenses), shall receive a salary of two thousand one hundred ($2,100) dollars per annum.

deputy county assessor and deputy collector of licenses), shall receive a salary of two thousand one hundred ($2,100) dollars per annum.

      The sheriff is authorized to appoint such additional deputies (who shall also be deputy assessors and deputy collectors of licenses) 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 clerk, for services as county clerk, shall receive the sum of six hundred ($600) dollars per annum, and for his services as ex officio county treasurer, the sum of one thousand eight hundred ($1,800) dollars per annum.

      The county clerk is hereby authorized to appoint one deputy county clerk (who shall also be deputy county treasurer), at a salary of five ($5) dollars per day, for a period of not to exceed ten days in any one month, unless with the consent of the board of county commissioners; provided, however, during the months of September and October preceding any general election, said county clerk is authorized to appoint a deputy county clerk (who shall also be deputy county treasurer), for such period in such months as shall be necessary, at a salary of not to exceed five ($5) dollars per day.

      The county clerk shall also be authorized to appoint a deputy clerk to act as clerk of the district court for each day the district court may be in session and for such additional time as may be necessary to write out the permanent record of the court minutes, at a salary of not to exceed five ($5) dollars per day, and the claim for such services, when approved by the district judge, shall be allowed, audited and paid as are other claims against the county.

      The county recorder, for services as county recorder, shall receive the sum of six hundred ($600) dollars per annum, and for his services as ex officio county auditor shall receive the sum of one thousand eight hundred ($1,800) dollars per annum.

      The county recorder is hereby authorized to appoint one deputy county recorder (who shall also be deputy county auditor), at a salary of five ($5) dollars per day, for a necessary period in any one month, whenever the receipts of said office for the previous month shall have been not less than two hundred ($200) dollars.

      The district attorney shall receive the sum of two thousand four hundred ($2,400) dollars per annum, which shall be his compensation in full for his services as district attorney, except that he shall be allowed such additional sum for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may also employ such deputies as may be necessary; the compensation for such deputies to be fixed and approved by the board of county commissioners.

Additional deputy sheriffs, when

Clerk

Deputy county clerk

Deputy clerk for district court, when

Recorder

Deputy recorder, when

District Attorney

Deputies, when

Commissioners

Mileage

Administrator; and surveyor

Additional assistance, when

In effect

deputies to be fixed and approved by the board of county commissioners.

      Each member of the board of county commissioners shall receive nine hundred ($900) dollars per annum, to be paid in equal monthly installments, and in addition thereto each member of the board shall be entitled to mileage at the rate of forty (40) cents per mile, one way only, over the shortest practicable route from their place of residence when attending a session of the board.

      The public administrator and county surveyor shall receive the same compensation as is now allowed by law to these officers.

      The board of county commissioners is hereby authorized and directed to allow such compensation as may be necessary, but not to exceed four ($4) dollars per day, for the payment of such additional clerks and assistants as may be needed in the office of the county clerk and ex officio county treasurer, sheriff and ex officio county assessor and ex officio collector of licenses, county recorder and ex officio county auditor, and district attorney, respectively, as herein provided, and such claims, when approved by the officer in whose office the work is performed, shall be allowed, audited and paid as are other claims against the county.

      Sec. 2.  This act shall take effect from and after its passage and approval.

Fees of Washoe County clerk

No charge to state or county

[Assembly Bill No. 9–Mr. Spellier]

Chap. 15–An Act to amend section 2 of an act entitled “An act to regulate the fees and compensation of the county clerk of Washoe County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith,” approved March 23, 1909, as amended March 25, 1911, February 10, 1917.

[Approved February 21, 1921]

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

Assembly, do enact as follows:

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

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

      On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, seventeen dollars; said fee to be in addition to the court fee now provided for by law;

      On the filing of a petition for letters testamentary, or of administration, or guardianship, eight dollars and fifty cents, to be paid by the petitioner;

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

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him, or them, ten dollars; for every additional defendant, appearing separately, five dollars.

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

      On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the clerk, in full for all services to be rendered in connection with said motion, five dollars;

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

      For filing a notice of appeal, and appeal bonds, each, one dollar;

      In all proceedings begun, or for acts performed previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun or acts performed. The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for:

      For any copy of any record, proceeding, or paper on file in the office of the clerk relating to any civil action theretofore tried or pending in said court, when such copy is made by him, per folio, twenty cents;

      For each certificate of the clerk, under the seal of the court, one dollar.

      For filing each claim in probate or insolvency proceedings, to be paid by the party filing such claim, fifteen cents.

      No fee shall be allowed to, or charged by, the clerk for any services rendered in any criminal case.

      For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:

      For issuing marriage licenses, one-half to be paid to the county recorder, two dollars;

      For filing and indexing articles of incorporation, two dollars and fifty cents.

      For filing, indexing, and registering certificates of copartnership, two dollars and fifty cents;

Court fees, Washoe County

No fees in criminal cases

Civil fees

Civil fees, Washoe County

Civil fees, Washoe County

In effect

      For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each, one dollar;

      For issuing any license required by law, other than marriage licenses, one dollar;

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

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

      For filing and receiving remittitur from supreme court, one dollar;

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

      For taking any affidavit, except in criminal cases, fifty cents;

      For taking and approving each undertaking, and the justification thereof, except in criminal cases, one dollar;

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

      For taking acknowledgement of any deed, or other instrument, including the certificate, one dollar.

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

Salaries of Pershing County officers

Sheriff and assessor

Deputy

[Assembly Bill No. 19–Mr. Hart]

Chap. 16–An Act to amend section 9 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.

[Approved February 21, 1921]

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 amended so as to read as follows:

      Section 9.  The said officers of Pershing County shall receive the following compensation, to wit:

      The sheriff and assessor shall receive twenty-seven hundred ($2,700) dollars per annum; he shall be allowed to appoint one deputy, who shall receive a salary of fifteen hundred ($1,500) dollars 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 five ($5) dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only.

such compensation to be paid by and with the approval of the board of county commissioners only.

      The county recorder and auditor shall receive twenty-one hundred ($2,100) dollars per annum; he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy, with compensation not to exceed twelve hundred ($1,200) dollars per annum.

      The county clerk and treasurer, clerk of the district court, and clerk of the board of county commissioners shall receive a salary of twenty-seven hundred ($2,700) dollars per annum; he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy, with compensation not to exceed fifteen hundred ($1,500) dollars per annum.

      The district attorney shall receive fifteen hundred ($1,500) dollars 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, by and with the approval of the board of county commissioners, such 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 ($300) dollars 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 they may from time to time authorize in the offices of the county clerk and treasurer, county recorder and auditor, sheriff and assessor, and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.

      Sec. 2.  This act shall take effect immediately upon its passage and approval.

Recorder

Deputy

Clerk

Deputy

District attorney

Deputies, when

Commissioners

Administrator; and surveyor

Commissioners to allow salaries

In effect

[Assembly Bill No. 33–Elko County Delegation]

Chap. 17–An Act authorizing the board of county commissioners of Elko County to raise by taxation and donate the sum of fifty thousand dollars as a bonus to aid in the construction and equipment of a railroad from Rogerson, Idaho, to Wells, Nevada.

[Approved February 21, 1921]

      Whereas, The Idaho Central railroad company, an Idaho corporation, proposes to construct a standard-gage railroad from Rogerson, in Twin Falls County, in the State of Idaho, to Wells, in Elko County, in the State of Nevada; and

Bonus to Idaho Central R. R. in Elko County

Commissioners to levy tax

Bonus paid, when

Commissioners to inspect road

Proviso

Time limit

Overplus of taxation to revert

      Whereas, The construction of said railroad will be of general public benefit to the people of the State of Nevada and especially to the people of Elko County; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of Elko County are hereby authorized and directed to levy, in and for each of the years 1922 and 1923 and cause to be collected, a special tax on all taxable property of Elko County in such per cent for each of such years, as shall be sufficient to produce, as the aggregate of said special tax from said two years, the sum of fifty thousand dollars, which sum, when collected, shall be placed in a separate fund which shall be called the “Rogerson-Wells Railroad Fund.”

      Sec. 2.  Whenever, on or before the first day of October, 1924, the said Idaho Central railroad company or any other railroad corporation shall have completed conformably to generally accepted practice in railroad engineering the construction from Rogerson, Idaho, to Wells, Nevada, of a standard-gage railroad having steel rails of not less than a weight of seventy-five pounds to the running yard and shall have equipped such railroad ready for operation with at least two steam freight engines, two steam passenger engines, six passenger coaches, two baggage cars, and seventy freight cars, all of standard make and in good condition, then the said board of county commissioners shall cause the said sum of fifty thousand dollars to be paid to the said railroad corporation which shall have so completed the construction and equipment of said railroad.

      Sec. 3.  Immediately on being notified by the railroad company on or before October 1, 1924, of the completion of the construction and equipment of said railroad, the said board of county commissioners shall proceed to satisfy themselves by personal inspection or otherwise that such construction and equipment have been completed, and on being so satisfied shall without delay cause said sum of fifty thousand dollars to be paid to the railroad corporation which shall have so constructed and equipped such railroad; provided, that the certificate of the public service commission of the State of Nevada to the fact of such completion shall be conclusive evidence thereof to said board of commissioners.

      Sec. 4.  If said railroad shall not have been so constructed and equipped on or before the first day of October, 1924, then the said sum of fifty thousand dollars shall be by said board transferred from said special fund to the general fund of Elko County and may be used for general county purposes, and said county shall no longer be under obligation to pay any sum to such railroad corporation.

      Sec. 5.  If the aggregate sums produced from said special tax for said two years, 1922 and 1923, shall exceed the sum of fifty thousand dollars, all of the excess thereof above the sum of fifty thousand dollars shall be by said board transferred to the general fund of Elko County and may be used for general county purposes.

of fifty thousand dollars, all of the excess thereof above the sum of fifty thousand dollars shall be by said board transferred to the general fund of Elko County and may be used for general county purposes.

[Senate Bill No. 6–Senator Kent]

Chap. 18–An Act to amend an act entitled “An act to grant the right of way to John T. Reid and his associates, their successors and assigns, for the construction and operation of a railroad within Churchill County, State of Nevada, from either the town of Hazen or Parren station therein, on or near the track of the Central or Southern Pacific railway company, as said trustees may select, to the Nevada United mining company’s mines at Copper-Reid, in Churchill County; and from any point on said railroad to a point at or near Battle Mountain or Argenta station in Lander County, State of Nevada, and from the town of Hazen or Parren station, as may be selected, to a point on the Western Pacific railroad company’s track, not yet named, in Washoe or Humboldt County, State of Nevada, and a branch line extending into the Silver range for a distance of twenty-five miles in a general northeasterly direction from Copper-Reid or any other point on the main line of railroad, and a branch line extending in a generally northerly direction for fifty miles from Copper-Reid, and a branch line extending from said Copper-Reid, or other point on the main line of railroad, to the town of Lovelock, in Humboldt County, State of Nevada, and matters relating thereto,” approved March 24, 1917.

[Approved February 22, 1921]

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

Assembly, do enact as follows:

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

      Section 1.  The right of way, not to exceed two hundred feet in width, to locate, construct, maintain, and operate a narrow or broad-gage railroad with iron or steel rails, together with necessary sidetracks, switches, turnouts, turntables, over and along such route as may be deemed most advantageous, from a point at or near the railroad tracks of the Central or Southern Pacific railway company in Churchill County, at either the town of Hazen or Parren station, as said grantees herein may select, to the Nevada United mining company’s mines at Copper-Reid, in said Churchill County, and from any point on said railroad to a point at or near Battle Mountain or Argenta station in Lander County, State of Nevada, and from the town of Hazen or Parren station, as may be selected, to a point on the Western Pacific railroad company’s track, not yet named, in Washoe or Pershing,

Railroad franchise in Churchill County granted to John T. Reid, et al.

Railroad franchise in Churchill County granted to John T. Reid, et al.

company’s track, not yet named, in Washoe or Pershing, formerly Humboldt, County, State of Nevada, and a branch line extending into the Silver range for a distance of twenty-five miles in a general northeasterly direction from Copper-Reid or any other point on the main line of railroad, and a branch line extending in a general northerly direction for fifty miles from Copper-Reid; and a branch line extending from said Copper-Reid, or other point on the main line of railroad, to the town of Lovelock, in Pershing, formerly Humboldt County, State of Nevada, is hereby granted to John T. Reid and his associates, their successors and assigns, for the term of fifty years from the date of the passage of this act; provided, that the construction of said railroad be commenced within two years from the passage of this act, and that twenty-five miles of said track shall be completed on said right of way within nine years from the date of the passage of this act, and such railroad completed within twenty-five years; provided further, that the said grantee hereby perpetually gives to the United State of America and to the Truckee-Carson irrigation district the right to cross the right of way of any railway line built hereunder, with irrigation and drainage canals, telephone, and power transmission lines built under the authority of the United States of America or the Truckee-Carson irrigation district; provided further, that in the location and construction of said railroad no crossing is to be made with the state highway as it is now located, surveyed or constructed, except by the consent of the department of highways of the State of Nevada; provided further, that said grantee hereby perpetually gives to the State of Nevada, or any county in which the railroad may be constructed, the right and option to cross the right of way and tracks of any railroad built hereunder with any highway road or trail now or hereafter to be built for the convenience of the people of the State of Nevada, and said grantee is hereby required to construct and maintain said crossing for two feet on the outer sides of each line of tracks of a width not less than twenty feet, and the said grantee is further required to construct and maintain such warning devices as the State of Nevada may deem necessary to properly safeguard the lives of the citizens of the State of Nevada; provided further, that if in the construction, reconstruction or maintenance of said railroad it is necessary to encroach upon any state highway, county road or trail as then used, it shall become the duty of said grantee to adequately reconstruct said state highway, county road or trail in a manner that will not impair its use nor lessen its efficiency.

[Senate Bill No. 33–Senator Miller]

Chap. 19–An Act making the district attorney of Mineral County ex officio public administrator of said county and prescribing his compensation as such.

[Approved February 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  The district attorney of Mineral County shall be ex officio public administrator of said county.

      Sec. 2.  For his services rendered as such public administrator, said district attorney shall receive such compensation as is now or may hereafter be provided by law in connection with the office of public administrator; provided, that the same shall in no event become a charge against said county.

      Sec. 3.  This act shall take effect and be in force from and after its approval.

Mineral County district attorney to be public administrator

In effect

[Assembly Bill No. 11–Mr. Heward]

Chap. 20–An Act to amend section one of an act entitled “An act to define contributory dependency and contributory delinquency and to make the same a misdemeanor and to provide for the punishment of persons guilty thereof,” approved March 23, 1909, as amended March 27, 1911.

[Approved February 23, 1921]

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.  Definition.  Any person who shall by any act cause, encourage or contribute to the dependency or delinquency of a child, as these terms with reference to children are defined by the statutes of this state, or who shall for any cause be responsible therefor, shall be guilty of a misdemeanor, and upon trial and conviction thereof shall be fined in a sum not to exceed five hundred dollars or imprisoned in the county jail for a period not exceeding six months, or by both such fine and imprisonment. When the charge against any person under this act concerns the dependency of a child or children, the offense, for convenience, may be termed “contributory dependency,” and when it concerns the delinquency of a child or children, for convenience it may be termed “contributory delinquency.”

Definition of “contributory dependency” and “contributory delinquency”

Amending civil practice act

Property exempt from execution

[Assembly Bill No. 15–Mr. Lockhart]

Chap. 21–An Act to amend section 346 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being section 5288 of the Revised Laws of Nevada, 1912.

[Approved February 23, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 346 of the above-entitled act, and being section 5288 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows:

      Section 346.  The following property is exempt from execution, except as herein otherwise specifically provided:

      1.  Chairs, tables, desks, and books to the value of two hundred dollars, belonging to the judgment debtor.

      2.  Necessary household, table, and kitchen furniture belonging to the judgment debtor, including one sewing-machine, stove, stovepipe, and furniture, wearing apparel, beds, bedding, and bedsteads, hanging pictures, oil paintings and drawings drawn or painted by any member of the family, and the family portraits and their necessary frames, provisions and fuel actually provided for individual or family use, sufficient for three months, and three cows and their suckling calves, four hogs with their suckling pigs, and food for such cows and hogs for one month; also, one piano, one shotgun, and one rifle.

      3.  The farming utensils or implements of husbandry of the judgment debtor, not exceeding in value the sum of one thousand dollars; also, two oxen, or two horses, or two mules, and their harness, one cart or buggy and two wagons, and food for such oxen, horses, or mules for one month; also, all seed, grain, or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars; and seventy-five beehives, one horse and vehicle belonging to any person who is maimed or crippled, when the same is necessary in his business.

      4.  The tools or implements of a mechanic or artisan necessary to carry on his trade; the notarial seal, records, and office furniture of a notary public; the instruments and chests of a surgeon, physician, surveyor, or dentist necessary to the exercise of their profession, with their professional libraries and necessary office furniture; the professional libraries of attorneys, judges, ministers of the gospel, editors, school teachers, and music teachers, and their necessary office furniture, including one safe and one typewriter; also, the musical instruments of music teachers actually used by them in giving instructions, and all the indices, abstracts, books, papers, maps, and office furniture of a searcher of records necessary to be used in his profession; also, the typewriters, or other mechanical contrivances employed for writing in type, actually used by the owner thereof for making his living; also, one bicycle, when such bicycle is used by its owner and is necessary for the purpose of carrying on his regular business.

or other mechanical contrivances employed for writing in type, actually used by the owner thereof for making his living; also, one bicycle, when such bicycle is used by its owner and is necessary for the purpose of carrying on his regular business.

      5.  The cabin or dwelling of a miner or prospector, not exceeding in value the sum of five hundred dollars; also, his sluices, pipes, hose, windlass, whim, derrick, cars, pumps, tools, implements, and appliances necessary for carrying on any mining operations, not exceeding in value the aggregate sum of five hundred dollars; and two horses, mules, asses, or oxen with their harness, and food for such horses, mules, asses, or oxen for one month, when necessary for use by him in working any mining claim or in prospecting for minerals, or when necessary to be used on any whim, windlass, derrick, car, pump, or hoisting gear; and also his mining claim actually worked by him, not exceeding in value the sum of one thousand dollars.

      6.  Two horses, two oxen, or two mules, and their harness, and one cart or wagon, one dray or truck, one coupe, one hack or carriage for one or two horses, or one motor vehicle, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster, or other laborer habitually earns his living; and one horse, with vehicle and harness or other equipments, or one motor car not exceeding in value one thousand dollars, used by a physician, surgeon, constable, or minister of the gospel in the legitimate practice of his profession or business; with food for such oxen, horses, or mules for one month.

      7.  Poultry not exceeding in value seventy-five dollars.

      8.  The earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of execution or attachment, when it appears, by the debtor’s affidavit or otherwise, that such earnings are necessary for the use of his family, residing in this state, supported in whole or in part by his labors; but where debts are incurred by any such person, or his wife or family, for the common necessaries of life, or have been incurred at a time when the debtor had no family residing in this state, supported in whole or in part by his labor, the one-half of such earnings above mentioned is nevertheless subject to execution, garnishment, or attachment to satisfy debts so incurred.

      9.  All fire engines, hooks and ladders, with the carts, trucks, and carriages, hose, buckets, implements, and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

      10.  All arms, uniforms, and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      11.  All courthouses, jails, public offices and buildings, lots, grounds, and personal property, the fixtures, furniture, books, papers, and appurtenances belonging and pertaining to the courthouse, jail, and public offices belonging to any county of this state, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this state.

Property exempt from execution

Property exempt from execution

Exception

lots, grounds, and personal property, the fixtures, furniture, books, papers, and appurtenances belonging and pertaining to the courthouse, jail, and public offices belonging to any county of this state, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this state.

      12.  All material not exceeding one thousand dollars in value, purchased in good faith for use in the construction, alteration, or repair of any building, mining claim, or other improvement, as long as in good faith the same is about to be applied to the construction, alteration, or repair of such building, mining claim, or other improvement.

      13.  All machinery, tools, and implements necessary in and for boring, sinking, putting down, and constructing surface or artesian wells; also the engines necessary for operating such machinery, implements, tools, etc.; also all trucks necessary for the transportation of such machinery, tools, implements, engines, etc.; provided, that the value of all the articles exempted under this subdivision shall not exceed one thousand dollars.

      14.  All moneys, benefits, privileges, or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed five hundred dollars, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges, and immunities so accruing or growing out of such insurance that said five hundred dollars bears to the whole annual premium paid.

      15.  And the homestead as provided for by law.

      16.  The dwelling of the judgment debtor occupied as a “home for himself and family, where said dwelling is situate upon lands not owned by him.”

      No article, however, or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

[Assembly Bill No. 35–Mr. Spellier]

Chap. 22–An Act to regulate junk-dealers and other persons, firms and corporations, engaged in the business of buying and selling hides and second-hand, used or cast-off articles or material, and providing penalties for the violation thereof, and other matters relating thereto.

[Approved February 23, 1921]

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

Assembly, do enact as follows:

      Section 1.  Junk-dealers defined.  That every person, firm or corporation engaged in the business of purchasing or selling hides and second-hand, used or cast-off articles or material of any kind, hereinafter designated and referred to as “junk”-such as old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other second-hand, used or cast-off articles or material-shall be and hereby are defined, and held to be, junk-dealers within the meaning of this act.

      Sec. 2.  Duties of junk-dealers.  Every junk-dealer shall at all times keep conspicuously posted in his office, or place of business, a description of, and the amount of, hides and junk purchased by said dealer each day, together with the names and addresses of the persons, firms, or corporations from which said purchases were made, and shall also keep conspicuously posted in his office, or place of business, a description of, and the number of, hides and amount of junk sold each day, together with the names and addresses of the persons, firms or corporations to which said sales were made.

      Sec. 3.  Every junk-dealer shall keep a book in which shall be written in ink at the time of their purchase a full and accurate description of each and every such article purchased, together with the full name, residence and general description of the person or persons selling the same. Said book shall at all times be open to inspection by any member of the state police of the State of Nevada, the sheriff of the county, or any of his deputies and any member of the police force in the city or town, and any constable or other municipal or county official in the county in which said junk-dealer does business. No entry in said book shall be erased, mutilated or changed.

      Sec. 4.  Lost or stolen goods.  If any material, goods, article, or thing whatsoever shall be advertised as having been lost or stolen, and the same, or any material, goods, articles or things answering to the description advertised, or any part or portion thereof shall then be in, or subsequently come into, the possession of any junk-dealer, he shall immediately give information thereof in writing to the sheriff of the county, or to the police commissioner, or chief of police, of the city or town in which the junk-dealer does business, and state when and from whom the same was received.

Regulating junk-dealers

Duties of such dealers

Must keep record

Lost or stolen goods

Penalty for receiving such goods

Must not purchase from incompetent persons

Statement by junk-dealers

Fines and imprisonment

and state when and from whom the same was received. Any junk-dealer who shall receive, or shall have in his possession any goods, article, or thing that has been lost, or shall be alleged or supposed to have been lost or stolen from the owner thereof, shall exhibit the same on demand to any member of the state police, the sheriff of the county or any of his deputies, or to any member of the police force, or constable, or other municipal or county official of the city, town or county in which said junk-dealer does business, or to any person duly authorized in writing by any magistrate to inspect property in the possession of said junk-dealer, who shall exhibit such authorization to said dealer.

      Sec. 5.  Purchases from intoxicated persons or minors.  No junk-dealer, or any other person, firm or corporation, shall purchase any junk from any person appearing to be intoxicated, or in any abnormal mental condition; nor from any minor, without the written consent of a parent or guardian of said minor, said written consent to be kept on file, and subject to inspection along with description of property provided for in section 6 hereof.

      Sec. 6.  Statement required from vendors of junk.  At the time of purchase by any junk-dealer of any hides or junk, said junk-dealer shall cause to be subscribed by the person or persons vending the same a statement as to when, where and from whom the vendor or vendors obtained such property; also a statement as to the vendor’s or vendors’ age or ages, residence or residences; i.e., the city, village, or town, and the street and number, if any, of said residence or residences, and such other information as is reasonably necessary to enable said residence or residences to be located, also the name of the employer or employers, if any, of said vendor, or vendors, and the place of business or employment of said employer or employers, and the junk-dealer shall forthwith file the original of said statement subscribed by said vendor or vendors in the office of the police commissioner, or chief of police, in the city or village in which the purchase was made, if made in a city or incorporated village; otherwise said statement shall forthwith be filed by the junk-dealer in the office of the sheriff of the county in which said purchase was made.

      Sec. 7.  Fines.  Any junk-dealer who shall be found guilty of a violation of any of the provisions of this act shall be fined and imprisoned, either or both, in the discretion of the court; provided, however, that for the first offense the fine shall be not less than fifty dollars ($50) nor more than two hundred dollars ($200), and the imprisonment shall be for not more than sixty (60) days; and further provided, that for the second, and for each subsequent conviction of violation of any of the provisions of this act, the fine shall be not less than one hundred dollars ($100) nor more than three hundred dollars ($300), and the imprisonment not less than thirty (30) nor more than ninety (90) days.

onment not less than thirty (30) nor more than ninety (90) days.

      This act shall not be construed as impairing in any wise the power of cities or incorporated towns in this state to license, tax and to regulate any person, firm, corporation now engaged in, or hereafter engaged in, the buying and selling of junk.

Act not to conflict with municipal powers

[Senate Bill No. 34–Senator Chapin]

Chap. 23–An Act ceding the jurisdiction of this state over certain lands owned or to be acquired by the United States and repealing certain acts relating thereto.

[Approved February 24, 1921]

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

Assembly, do enact as follows:

      Section 1.  The consent of the State of Nevada is hereby given, in accordance with the seventeenth clause, eighth section of the first article of the constitution of the United States, to the acquisition by the United States, by purchase condemnation or otherwise, of any land in this state which has been, or may hereafter be, acquired for sites for customhouses, courthouses, postoffices, arsenals, or other public buildings whatever, or for any other purpose of the government.

      Sec. 2.  The exclusive jurisdiction in and over any land so acquired by the United States shall be, and the same is hereby, ceded to the United States for all purposes, except the service upon such sites of all civil and criminal process of the courts of this state, but the jurisdiction so ceded shall continue no longer than the said United States shall own such lands; provided, that an accurate description and plat of such lands so acquired, verified by the oath of some officer of the general government having knowledge of the facts, shall be filed with the governor of this state.

      Sec. 3.  The jurisdiction hereby ceded shall not vest until the United States shall have acquired the title to the said lands by purchase, condemnation or otherwise; and so long as the said lands shall remain the property of the United States when acquired as aforesaid, and no longer, the same shall be and continue exempt and exonerated from all state, county and municipal assessment, taxation or other charges which may be levied or imposed under the authority of this state.

      Sec. 4.  Those certain acts entitled “An act ceding the jurisdiction of this state over certain lands owned by the United States,” approved January 18, 1883, and “An act ceding the jurisdiction of this state over certain lands to be acquired by the United States,” approved February 24, 1885, are hereby repealed.

Jurisdiction ceded over U. S. lands

Civil and criminal process excepted

Jurisdiction does not vest until United States acquires title

Certain acts repealed

Amending civil practice act

What causes of action may be united

State may unite several causes of action for delinquent taxes

Proviso

[Senate Bill No. 36–Senator Scott]

Chap. 24–An Act to amend section 97 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto.”

[Approved February 24, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 97 of the above-entitled act is hereby amended so as to read as follows:

      Section 97.  The plaintiff may unite several causes of action in the same complaint, when they all arise out of:

      1.  Contracts, express or implied; or

      2.  Claims to recover specific real property, with or without damages for the withholding thereof, or for waste committed thereon, and the rents and profits of the same; or

      3.  Claims to recover specific personal property, with or without damages, for the withholding thereof; or

      4.  Claims against a trustee, by virtue of a contract, or by operation of law; or

      5.  Injuries to character; or

      6.  Injuries to person; or

      7.  Injuries to property; or

      8.  Claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.

      9.  The State of Nevada may in the same complaint unite several causes of action for demands for delinquent taxes existing against the same person or persons, partnership or corporation, whether said taxes are payable yearly or quarterly. The causes of actions so united shall all belong to only one of these classes and shall affect all the parties to the action, and not require different places of trial, and shall be separately stated; provided, however, that an action for malicious arrest and prosecution, or either of them, may be united with an action for either injury to character or to the person.

To promote Americanism in public schools

[Senate Bill No. 43–Senator FitzGerald]

Chap. 25–An Act to promote Americanism in the schools of the State of Nevada.

[Approved February 24, 1921]

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

Assembly, do enact as follows:

      Section 1.  American history, history of the State of Nevada, and American civil government shall be taught in all of the graded schools, high schools and colleges in the State of Nevada, specially scientific schools excepted.

all of the graded schools, high schools and colleges in the State of Nevada, specially scientific schools excepted.

      Sec. 2.  There shall be at least one hour set aside each school week in all graded schools and high schools in the State of Nevada for the purpose of holding patriotic exercises.

      Sec. 3.  The American flag shall be flown from an appropriate flagstaff provided for that purpose on each and every schoolhouse in the State of Nevada during every school day, weather permitting. The board of trustees of each and every school district are hereby authorized and directed to appropriate a sufficient sum of money from their respective school funds for the purchase of necessary flags and the erection of an appropriate flagstaff.

At least one hour a week

American flag to be flown on all schoolhouses every school day

[Senate Bill No. 44–Senator Ducey]

Chap. 26–An Act providing for the proper observance of “Mother’s Day” by a display of the national colors on said day.

[Approved February 24, 1921]

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

Assembly, do enact as follows:

      Section 1.  That the governor of this state is hereby authorized and requested to issue annually a proclamation calling upon the state officials to display the United States flag on all state and school buildings, and the people of the state to display the flag at their homes, lodges, churches and places of business, and other suitable places, on the second Sunday in May, known as “Mother’s Day,” founded by Anna Jarvis of Philadelphia, as a public expression of love and reverence for the mothers of our state and other women serving it, and as an inspiration for better homes and closer ties between the home and the state.

“Mother’s Day” recognized; governor to issue proclamation

[Assembly Bill No. 44–Mr. Brown]

Chap. 27–An Act to amend an act to amend section 9 of an act entitled “An act concerning juries,” approved March 5, 1873; approved March 5, 1875; approved March 5, 1877; approved March 7, 1881; approved March 12, 1895; the same being section 4932, Revised Laws, 1912, approved March 6, 1915, approved February 21, 1917.

[Approved February 24, 1921]

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

Assembly, do enact as follows:

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

Amending act concerning juries

Certain persons exempt from jury duty

Proviso

Fee for exemption in certain cases

Revised Laws, 1912, approved March 6, 1915, is hereby amended so as to read as follows:

      Section 9.  Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no other, shall be exempt from service as grand or trial jurors: Any federal or state officer, judge, justice of the peace, county clerk, sheriff, constable, assessor, recorder, attorney at law, physician, nurse, married woman, having one or more children directly under her care, school teacher, the faculty and heads of departments of the state university while said university is in session, dentist, minister of the gospel, telegraph and telephone operator, locomotive or stationary engineer, locomotive fireman, conductor, brakeman, registered pharmacist, mail carrier engaged in the actual carrying of the United States mail, on a regular mail route, and one-half of all members of each regularly enrolled fire company in the state, said half to be determined by the several fire companies respectively, and all officers of such fire companies, not exceeding ten for each company, and also in all cities and towns wherein there is a paid fire department, after such paid fire department shall have been organized and put in operation, all the members of said fire department, and all persons who now are or may hereafter become members of any exempt fireman’s association, society, or organization within this state; but such exemption shall not extend to any member of such association, society, or organization, unless prior to becoming a member of the same such members shall have served as an active fireman in some regularly organized fire department in this state for the period of three years; and also in all cities and towns in this state wherein there are volunteer fire departments, after such volunteer departments shall have been organized and put in operation, all members thereof; and, also, all members thereof who may hereafter become members of any exempt fireman’s association, society, or organization, within this state; but such exemption shall not extend to any member of such association, society, or organization, unless prior to becoming a member of the same such member shall have served as an active fireman in some regularly organized volunteer fire department in this state for the period of five years; provided, that the entire exemption of such exempt firemen, where there is a paid fire department, shall not exceed in one town or city one hundred and fifty; and where there is a volunteer fire department the entire exemption shall not exceed, in any one town or city, fifty; and provided further, that any person liable to grand or trial jury duty residing sixty or more miles distant from the county-seat of his county shall be exempted from service on either grand or trial juries for the period of one year upon making affidavit to the fact that he so resides, and filing the same with the clerk of the district court of the district in which his county is situated, and paying to such clerk the sum of twenty-five dollars.

the district in which his county is situated, and paying to such clerk the sum of twenty-five dollars. Upon the receipt of such affidavit and such sum, the said clerk shall deliver to such person a certificate stating the fact of such receipts, and thereafter, for the period of one year from the date of such payment, the name of such person shall not be placed in the jury-box, nor shall such person be selected as a grand or trial juror. It shall be the duty of said clerk, upon the receipt of said sum, to deliver the same to the county treasurer of his county, and the said treasurer shall immediately place the same to the credit of the general fund of said county.

Duty of county clerk

[Assembly Bill No. 45–Elko County Delegation]

Chap. 28–An Act authorizing the transfer of certain funds now in the county treasury of the county of Elko.

[Approved February 24, 1921]

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

Assembly, do enact as follows:

      Section 1.  The county treasurer of the county of Elko is hereby authorized, empowered and directed to transfer to the Elko County high-school fund all moneys now in the treasury of the said Elko County derived from the special and additional tax authorized to be levied upon all property within said Elko County by section 5 of that certain act entitled “An act to authorize the board of county commissioners of Elko County, Nevada, to issue bonds to provide for aid in the improvement of a highway across the county of Elko,” approved March 29, 1919.

Transfer of certain fund authorized in Elko County

[Assembly Bill No. 55–Mr. King]

Chap. 29–An Act to amend section 8 of an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917.

[Approved February 24, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 8 of the above-entitled act is hereby amended so as 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,

Amending highway act

State highways maintained by highway department

Route 1

Route 2

Route 2a

Route 3

Route 4

Route 5

Route 6

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 2a.  Commencing at a point on route 2, at or near Leeteville, Churchill County, thence via Lahontan and Dayton to Carson City.

      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 against 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 southeasterly 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 Arrowhead trail, through Las Vegas to Jean, Nevada.

      As soon as funds are available the department of highways shall commence the construction of said routes.

[Assembly Bill No. 60–Mr. Cross]

Chap. 30–An Act to amend section 20 of an act entitled “An act to incorporate the town of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 15, 1905.

[Approved February 24, 1921]

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

Assembly, do enact as follows:

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

      Section 20.  There shall be a city clerk who shall be ex officio treasurer and tax receiver of the city. He shall be elected by the qualified electors of said city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise specially provided for. He shall be clerk of the council, attend all its meetings, whether regular or special, and record all its proceedings, and shall audit all claims against the city. He shall record in a journal, all ordinances, by-laws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting, shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city and shall charge such officer with the same. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office, at least once each month or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed ex officio, such salary as may be prescribed by the council, not exceeding seven hundred twenty dollars per annum; provided, that such salary, when fixed, shall not be changed so as to increase the same oftener than once every two years.

Amending Sparks charter

City clerk, duties of

Salary not to exceed $720 yearly

Land reserved for public-school system

Monuments, description of

[Assembly Bill No. 62–Elko County Delegation]

Chap. 31–An Act to amend an act entitled “An act authorizing owners of land to lay out and plat such land into lots, streets, alleys, and public places, and providing for the approval and filing of maps and plats thereof,” approved March 13, 1905, and all acts amendatory thereof or supplemental thereto.

[Approved February 24, 1921]

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 to read as follows:

      Section 2.  Whenever any lands are hereafter laid out and platted as mentioned in section 1, the owner or owners of the same, or any trustee or trustees selected by such owner or owners, shall cause to be made out an accurate map or plat, particularly setting forth and describing:

      1.  All the parcels of ground so laid out and platted by their boundaries, course and extent, and their position with reference to monuments, erected or constructed, not less than one to each four blocks, with definite and exact relation to the center line of the streets of such plat or subdivision, and whether they are intended for avenues, streets, lanes, alleys, commons, or other public uses, together with such as may be reserved for public purposes, and every map or plat of ground so laid out shall, if it covers forty or more acres of land, show one block for every quarter-section of land in the parcel of ground so mapped or platted, and the block so designated upon the map shall be forever devoted and dedicated to the uses of the public-school system of the district in which it is located.

      2.  All blocks and lots, whether intended for sale or otherwise, by numbers or letters and their precise length and width.

      3.  By course and distance, the position of one or more of the monuments with reference to a known and established corner of the public-land survey.

      4.  Each monument or mark by which the location of the blocks, lots, streets, alleys, and public places have been fixed by survey upon the ground.

      Sec. 2.  The above-entitled act is hereby amended by adding a new and additional section, to be known as section 2a, which shall read as follows:

      Section 2a.  Monuments required in section 2 of this act shall be of stone of not less than six inches smallest dimension and not less than twelve inches in length with a cross chiseled to mark the point of reference, or of concrete of not less than six inches smallest dimension and not less than twelve inches in length, with the point of reference marked by a metal plug firmly set therein, and such monuments shall be firmly set with the tops not less than four inches below the surface of the ground or street.

by a metal plug firmly set therein, and such monuments shall be firmly set with the tops not less than four inches below the surface of the ground or street.

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

      Section 3.  Such map or plat shall be certified by the surveyor making same, which certificate shall be substantially as follows: “I, .................................... (surveyor’s name), do hereby certify that this plat is a true and accurate map of the land surveyed by me and laid out into blocks, lots, streets, alleys, and public places at the instance of ........................... (give name of owner or trustee); that the location of said blocks, lots, streets, alleys, and public places have been definitely established and perpetuated in strict accordance with the law and as shown hereon; that the blocks, lots and public places shown hereon are situate wholly within ............................ (give description by metes and bounds or by legal subdivision); that the survey was completed on the ...... day of ........................ (give date)”; and such map or plat shall be acknowledged by such owner or owners, or trustee, before some officer authorized by law to take the acknowledgment of conveyances of real estate, and, if the land is situated in any city or town, shall be approved by the legislative authority of the city or town in which such land is situated, or by some city or town officer for that purpose designated by resolution or ordinance of such legislative authority, and, in the absence of such legislative authority, by the legislative authority of the county in which the town is situated; and if the land is situated outside of any city or town, shall be approved by the board of county commissioners of the county, or by some county officer for that purpose designated by resolution or ordinance of said board; and when so acknowledged, certified and approved, shall be filed in the office of the county recorder of the county in which said lands so platted and laid out are situated; provided, that no city or town or county officer or legislative authority shall approve or accept for filing any map or plat under this act that does not conform to the requirements of this act.

      Sec. 4.  Section 5 of the above-entitled act is hereby amended to read as follows:

      Section 5.  If any person shall sell or offer for sale any lot or lots so platted according to said plat within any town site or addition before the map or plat thereof shall have been made out, approved, acknowledged and filed, as in this act provided, such person shall forfeit to the county in which said town site or addition is located, a sum not exceeding three hundred dollars for every lot which he shall sell. Such a forfeiture shall be recovered in the name of such county in an action brought by the district attorney or other prosecuting officer thereof.

Map or plat certified by surveyor

Proviso

Land not to be sold before map filed

Vacation of plat, how accomplished

How plat may be changed

Restrictions upon county recorder

Specifications for map

Filing fee

      Sec. 5.  Section 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  The city council or the board of county commissioners shall, at its next regular meeting after the filing of such application, consider the same, and if the said council or said board be satisfied that neither the public nor any person will be materially injured thereby, it shall order such plat to be vacated as prayed for in the petition, which order shall be recorded in the office of the recorder of the county wherein said land is situated and shall be endorsed upon the map or plat thereof on file therein.

      Sec. 6.  Section 10 of the above-entitled act is hereby amended to read as follows:

      Section 10.  Upon the filing of such application, the city council or board of county commissioners, as the case may be, shall, at its next regular meeting, proceed to hear and consider the same, and if the council or board be satisfied that neither the public nor any person will be materially injured thereby, it shall order such portion of said plat or such street or alley to be vacated, altered or changed, as prayed for in the petition, which order shall be duly recorded in the office of the recorder of the county wherein said land is situated, and endorsed upon the map or plat thereof on file therein so as to clearly indicate the portion thereof so vacated, altered or changed.

      Sec. 7.  Section 11 of the above-entitled act is hereby amended to read as follows:

      Section 11.  It shall be unlawful for any county recorder to accept for filing any map, plat, or subdivision of land that does not conform to the requirements of sections 2 and 3 of this act and until such map, plat, or subdivision has been duly and lawfully approved as therein provided, except the said map, plat or subdivision be attached to or form a part of a conveyance and relate to the property or some part thereof embraced in said conveyance. For each and every violation of this section by any recorder, his deputy or employee, such recorder shall forfeit and pay to the county the sum of two hundred dollars, to be recovered in any court of competent jurisdiction.

      Sec. 8.  Section 12 of the above-entitled act is hereby amended to read as follows:

      Section 12.  All maps and plats which shall hereafter be filed under the provisions of this act shall be made upon vellum or tracing-cloth, and shall be of uniform size, 24x32 inches, with a border-line two inches from the left edge in order to leave room for binding, and no map shall be accepted for filing made upon ordinary paper or blue-print. For filing each such map or plat the county recorder shall collect a fee of $5.

[Assembly Bill No. 64–Mr. Addenbrooke]

Chap. 32–An Act to amend section 15 of an act entitled “An act relative to attorneys and counselors at law,” approved October 31, 1861, the same being section 512 of the Revised Laws of Nevada, 1912.

[Approved February 24, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 15 of the above-entitled act (also designated as section 512 of the Revised Laws of Nevada, 1912) is hereby amended to read as follows:

      Section 15.  In the case of the conviction of an attorney or counselor of a felony or misdemeanor involving moral turpitude, the clerk of the court in which the conviction was had shall, within thirty days thereafter, transmit to the supreme court a certified copy of the record of conviction. And upon such judgment of conviction being entered, all rights of such attorney to practice as such shall ipso facto be suspended until such judgment either becomes final or is reversed or otherwise set aside.

Right of attorney to practice suspended, when

[Assembly Bill No. 17–Washoe County Delegation]

Chap. 33–An Act to amend sections 3 and 5, article IV; section 1, article IX; section 1, article XI; sections 7 and 10, article XII; and section 1, article XIX, of an act entitled “An act to incorporate the town of Reno, and to establish a city government thereof,” approved March 16, 1903, as amended March 13, 1905, and further amended March 28, 1907, March 24, 1909, March 31, 1909, February 1, 1911, March 10, 1911, March 18, 1911, March 24, 1913, March 25, 1913, February 26, 1915, March 22, 1915, March 13, 1917.

[Approved February 28, 1921]

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

Assembly, do enact as follows:

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

      Section 3.  In addition to the duties hereinbefore imposed, the city clerk shall be the official license collector of the city and shall collect all city license and all other moneys making up the city revenues, except general taxes and special assessments when otherwise ordered by this charter or city ordinance. All moneys belonging to the city (except general taxes and special assessments when otherwise ordered), and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over, together with all moneys in his hands, to the city treasurer.

Amending Reno charter

Additional duties of city clerk

Additional duties of city clerk

Salaries of city clerk $2,100

Chief of police

Policemen

the city treasurer. All special assessments, whenever and wherever the same are not otherwise ordered, shall be collected by the city clerk. The time and manner of collection of special assessments and licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, or pay any special assessment (payment and collection of which is not otherwise provided for) shall fail, neglect, or refuse to do so, or shall carry on any licensed business, trade, or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the council, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may make the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business in such place or building is required to pay a license, shall be liable for and be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within thirty days after same becomes due and payable, fifty per cent of amount of such license, which shall become a part of the license, and shall, with such license, be collected by the city clerk.

      Sec. 2.  Section 5 of article IV of the above-entitled act is hereby amended so as to read as follows:

      Section 5.  The city clerk shall receive a salary in the sum of twenty-one hundred dollars per annum from and after the passage of this act, which sum shall be paid in twelve monthly installments of one hundred and seventy-five dollars each.

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

      Section 1.  There shall be a chief of police of said city who shall be appointed by the mayor, subject to confirmation by the council. He shall be of the age of not less than thirty years. The chief of police shall have power to appoint an assistant chief of police, by and with the consent and subject to the confirmation of the council, and also to appoint the necessary number of policemen required by the council, such appointees to be subject to approval and confirmation of, and salaries of compensation fixed by, the council.

      Sec. 4.  Section 1 of article XI of the above-entitled act is hereby amended so as to read as follows:

      Section 1.  There shall be a city engineer, who shall have had not less than three years practical experience as a civil engineer, next preceding his appointment. The city engineer shall be appointed by the mayor, subject to confirmation by the council.

      Sec. 5.  Section 7 of article XII of the above-entitled act is hereby amended so as to read as follows:

      Section 7.  The style of ordinances shall be as follows: “The City Council of the City of Reno do ordain,” and all proposed ordinances, when first proposed, shall be read, in full to the city council, and referred to a committee for consideration, and said committee shall report said ordinance back to the council at the next regular meeting, when said ordinance shall be read in full as first introduced, or, if amended, as amended, and shall be adopted or rejected as finally read. After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, be published twice in a daily paper published in the city of Reno, before the same shall go into effect; except as provided in section 10, subdivision second, article XII of this charter.

      In all prosecutions for the violation of any of the provisions of this charter, or for the violation of any city ordinance, rule, resolution, or other regulation of the city council, whether in the court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending, shall take judicial notice of this charter and of such ordinance, rule, resolution, or other regulation, and of the contents thereof; and in all civil actions to which the city, or any officer of the city, is party, either plaintiff or defendant, the adoption and contents of any ordinance, rule, resolution, or other regulation of the city council may be proven prima facie by the introduction of the original entry thereof on the records of the council, or copy thereof certified by the city clerk, to be a full, true, and correct copy of such original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.

      Sec. 6.  Section 10, article XII, of the above-entitled act is hereby amended so as to read as follows:

      Section 10.  The city council, among other things, shall have power:

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

      Second-To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution of the United States, or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all the powers vested in said city, and for making effective the provisions of this charter, and to cause to be compiled from time to time, not to exceed once in every two years, the charter and its amendments, and the ordinances of the city of Reno in book or pamphlet form, of which not less than two hundred (200) copies shall be issued for general distribution within said city, at a reasonable price, in which said compilation the ordinances of the said city once passed and published or posted as provided in section 7 of this article may be repealed, revised, amended, and validated without further publication.

City engineer

Ordinances

To be published in newspaper

Prosecutions for violation of ordinances

Powers and duties of city council of Reno

Powers and duties of city council of Reno

powers vested in said city, and for making effective the provisions of this charter, and to cause to be compiled from time to time, not to exceed once in every two years, the charter and its amendments, and the ordinances of the city of Reno in book or pamphlet form, of which not less than two hundred (200) copies shall be issued for general distribution within said city, at a reasonable price, in which said compilation the ordinances of the said city once passed and published or posted as provided in section 7 of this article may be repealed, revised, amended, and validated without further publication.

      Third-To levy and collect annually for general purposes a tax of not to exceed three-quarters of one per cent upon the assessed value of all real and personal property within the city and which is by law taxable for state and county purposes; and in addition thereto to levy and collect annually a tax of not less than one-quarter of one per cent upon the assessed value of all real and personal property within the city, which is by law taxable for state and county purposes, to provide a fund for the payment of the interest on the bonds of the city outstanding, and that may be lawfully issued and sold hereafter, and to provide a fund for the payment of the principal of such bonds, and for the redemption thereof as they shall mature, and for no other purpose; provided, that all moneys now held in any special fund not herein provided for may be transferred to the general fund of the city; provided further, that the total amount levied annually for all tax purposes within the city shall not exceed one per cent of the assessed value of all of the real and personal property within the city which is by law taxable for state and county purposes.

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

      Fifth-To lay out, extend, change the grade, open, vacate, and alter the streets and alleys within the city, and by ordinance require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, street, or alley, or otherwise improving same; also to provide by ordinance the improvement and preservation of the city parks, and the construction, repair, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awnings, posts, show - windows, and other things upon or over the sidewalk, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures, and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof may divide the city into districts.

structures, and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof may divide the city into districts. Such part of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, constructing sidewalks, or otherwise improving the same, as the city council shall determine, may be paid from the general fund, street fund, or district street fund, from the proper street district, or the said cost, or a portion thereof, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street or alley so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the city council may be benefited by the improvement. When the city council shall determine to make any public improvements, such as laying pavements, constructing sewers, drains, or sidewalks and curbing, macadamizing, oiling, graveling, or grading any street or alley, or in any way improving the same, and defrays the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund, or any other fund. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, school buildings, or other public buildings or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the city council or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares, or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund, or from the proper street or district street fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or, if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape and size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessments, may assess such lots or such number of feet frontage as in their opinion would be just.

Powers and duties of city council of Reno

Powers and duties of city council of Reno

just. The cost and expense of the following improvement, including the necessary land therefor, viz, for city hall and other public buildings for the use of the city, officers, engine-houses and structures for the fire department, water-works, city prison, levees and embankments, shall be paid from the proper general fund of the city; except that, in case of lands appropriated for streets and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvement or repairs, in the laying of pavements, or constructing sidewalks, or in any way improving the streets in the city, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the general fund of the city, from the street funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parts to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for one week at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each postoffice of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements.

least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each postoffice of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of two-thirds of all members elected to the city council. In all cases where the board of health or other officials of the city or the city council are authorized to do, or cause to be done, certain things, the whole or any part of which may be charged as a special assessment upon the property, and where special provisions for making the levy are not herein made, the city council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph, and may at their option refer the same to the city assessor and have the same assessed against such property. The cost and expenses of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds fifty per cent of the value of such lands and improvements, as last before valued and assessed for state and county taxation in the county tax-roll. Any cost exceeding that per cent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated. When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to the frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the cost of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement.

Powers and duties of city council of Reno

Powers and duties of city council of Reno

council need not necessarily be governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name “Unknown”; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements or premises, and collected as in other cases. If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape and size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. When the assessor shall have completed the assessment he shall report the same to the city council. Such reports shall be signed by him and made in the form of a certificate, and endorsed on the assessment roll as follows:

      State of Nevada, City of Reno, ss. To the City Council of the City of Reno: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the cost of (e. g., for paving Virginia street from First street to Fourth street in said city, as the case may be),

cost of (e. g., for paving Virginia street from First street to Fourth street in said city, as the case may be), (or constructing a sewer on Sierra street), (or as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment. Dated Reno, Nevada,......................................, A. D. 19............. ................................................., City Assessor.

      When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land, or premises which, by the provisions of this act, the city council is authorized to charge and collect a special assessment against the same, and not being of that class of special assessment required to be made pro rata upon several lots or parcels of land, on account of the labor or services for which such expense was incurred, verified by the officer or person performing the services or causing the same to be done, with the description of the lot or premises upon or in respect to which the expense was incurred, or the name of the owner or person, if known, chargeable therewith, shall be reported to the city council in such manner as the city council shall present. And the provisions of the previous subdivisions, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision.

      The city council shall determine what amount or part of every expense shall be charged and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and so often as the city council shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises and the persons chargeable therewith respectively to be reported by the city clerk to the city assessor for assessment.

      Upon receiving the report mentioned in the preceding subdivision the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council. When any special assessment shall be reported by the city assessor to the city council, as in this section and subdivision directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause notice to be published for one week, at least, in some newspaper of the city, of filing of the same with the city clerk, and appointing a time when the city council and the assessor will meet to review the assessments.

Powers and duties of city council of Reno

Powers and duties of city council of Reno

some newspaper of the city, of filing of the same with the city clerk, and appointing a time when the city council and the assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk. The notice provided in this subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

NOTICE OF SPECIAL ASSESSMENT

      To (insert the name of the persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment from the (e. g., paving Virginia street to Fourth street in said city), (or constructing a sewer on Sierra street between First street and Fifth street), (or as the case may be), is now on file at my office for public inspection. Notice is hereby given that the city council and city assessor of the city of Reno will meet in the council room in said room in said city on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard. Dated............................. ............................, City Clerk.

      At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be by any person deeming himself aggrieved thereby, and shall decide the same; and the city council may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: “Special assessment roll for (describing fully what the assessment is for), as approved by the city council the ........day of..................(month), 19..... (affixing the time). Dated.......................... ........................., City Clerk.”

      Sixth-When any special assessment roll shall be confirmed by the city council it shall be final and conclusive, except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the county auditor, acting as ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The county auditor, acting as ex officio city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll.

acting as ex officio city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land and improvements assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than ten installments, one of which installments to be collected yearly, or the entire amount thereof to be collected at once, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven per cent.

      All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Reno in the same manner as any other action for money owed the city of Reno; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice act of the State of Nevada, and whenever the words “justice court,” “justice of the peace,” and “constable” are used in said civil practice act the same shall be held to mean police court, police judge, and chief of police, respectively, for the purposes of said action.

      Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment when confirmed shall be conclusive upon all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivisions.

      Should any special assessment prove insufficient to pay for the improvement or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and, in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.

      Whenever any special assessment shall, in the opinion of the city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.

Powers and duties of city council of Reno

Powers and duties of city council of Reno

the city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All of the proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessment in this act.

      Whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises; and the assessment to that extent be deemed satisfied.

      No judgment or decree nor any act of the city council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or, as by regular mode of proceedings, might have been lawfully assessed thereon.

      When any special assessment shall be confirmed, recorded, and be payable, and the city council desires to have the same paid in annual installments, or the entire amount thereof to be paid at once, as hereinbefore provided, the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed respectively, and the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums herein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and the county auditor, acting as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting as ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Reno from collecting any special assessment by suit in the name of the city of Reno in the manner in this subdivision before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.

premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Reno from collecting any special assessment by suit in the name of the city of Reno in the manner in this subdivision before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.

      If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality that the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      The city council of the city of Reno is hereby authorized and empowered to correct or amend the said special assessment roll by resolution, at any time after the confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied, and all changes in said roll shall be made by resolution, by a two-thirds vote of all the members elected to the city council, and the said resolution, or a copy thereof certified by the clerk of the city council as being a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made.

      In construing the fifth and sixth powers of section 10, article XII, anything in this act contrary thereto shall not be deemed in conflict with the provisions of said powers.

      Seventh-To organize, regulate, maintain, and disband a fire department to provide for the extinguishment of fire and protection against the same; to regulate or prohibit the storage of gunpowder or other explosive, combustible, or inflammable material within, or transported through the city, and to prescribe the distance from said city where the same may be stored, held, or kept; to regulate the selling, using, or keeping of firecrackers, fireworks, and the giving of any exhibition of fireworks within the city limits and any designated portion thereof.

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

      Ninth-To provide for safeguarding the health of the city. For this purpose the city council may appoint a city board of health, and by ordinance prescribe its duties and powers, and provide that any violation of any order of the board of health shall be considered a misdemeanor.

Powers and duties of city council of Reno

Powers and duties of city council of Reno

of health, and by ordinance prescribe its duties and powers, and provide that any violation of any order of the board of health shall be considered a misdemeanor.

      Tenth-To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business conducted in whole, or in part within the city, including all theaters, theatrical or melodeon performances, and performances of any, every, and all kinds for which an admission fee is charged, circuses, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements. To fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, chop-houses, cafes, saloons, eating - houses, lunch counters, barrooms, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refiners, tanneries, foundries, brickyards, pressed - brick yards, street - railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stockbrokers. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress all raffles, hawkers, and peddlers, except those dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the location of, or suppress, all barrooms, gambling games, street fakers, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed, or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests. To regulate, prohibit, prescribe the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance-houses having special attractions, such as music or otherwise. To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants or any, every, and all kinds, or trades and traders of all kinds, hotels, butcher shops, slaughter-houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers, or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tinshops when separate from hardware stores, hardware stores, paint or oil stores, bicycle shops, garages, repair shops, cycleries, warehouses, cold-storage plants, daily, weekly, semiweekly, monthly, and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life, and accident, and agents or solicitors for the same,

tors for the same, surety companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber - shops, collection agencies and collectors, carpet cleaners, photographers, wagon-makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, railroad, telegraph and telephone companies, state companies, electric-light, water, and power companies, bankers, and brokers of any, every, and all kinds, electrical supply houses, job printers, manufacturers of soda water, or other or any soft drinks, or of brewing companies, brewing agencies, patent-medicine agencies, agencies of any and all kinds, wholesale houses, or purchases or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger-service establishments, contracts, contracting mechanics or builders, sash-and-door factories, planing mills, machine shops, car shops, building and loan companies, and agents or solicitors for the same, real-estate agents, real-estate solicitors, popcorn, peanut, delicatessen, fruit, and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every, any, and all kinds, boot-and-shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands, or shops, abstract of title companies, or persons furnishing the same, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing-tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular, each and every, and any business, and all trades and professions, including attorneys, doctors, physicians, and dentists, and all character of lawful business or calling not herein specifically named; provided, that in fixing licenses, the city council must, as nearly as practicable, make the same uniform in proportion to the approximate amount of business done by the licensee; and provided further, that in fixing licenses hereunder, the city council must have due regard for, and be governed as far as possible by, the approximate amount or volume of business done by each person, firm, company, association, or corporation thus licensed.

      Eleventh-To fix, impose, and collect a license tax on and regulate all soft-drink houses, poolrooms, and lunch-wagons.

      Twelfth-To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibusses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate the stands of all hacks, hackney coaches, cabs, omnibusses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles.

Powers and duties of city council of Reno

Powers and duties of city council of Reno

regulate the stands of all hacks, hackney coaches, cabs, omnibusses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress runners for hotels, taverns, or other business.

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

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

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

      Sixteenth-To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run within the city limits, and to prescribe the length of time any street may be obstructed by trains being made up of cars standing thereon, and to require railway companies, at the expense of said railway companies, either to erect safety gates and maintain the same, or to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the city council, be necessary, and to require street-railway cars to be provided with modern fenders, and sufficient heat and other conveniences for the passengers and employees, and to have warning or signal bells rung at all street crossings, and generally to regulate and control the same for the comfort, safety, and security of pedestrians and the traveling public. And the city council of the city of Reno is hereby vested with full power and authority to exercise the right of eminent domain in all cases where the same is deemed necessary to condemn a right of way for street or other public purposes over and across any railroad right of way.

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

      Eighteenth-To provide for the issuance of all licenses in this charter authorized, and to fix the amount thereof and the time for, manner of, and terms upon which the same may be issued.

      Nineteenth-To make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property, and to determine the fee or salary of such officer or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same.

property, and to determine the fee or salary of such officer or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same.

      Twentieth-To control, enlarge, or abolish cemeteries and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance from said limits where the same may be located; and to provide for the issuance of burial or transit permits, and make a charge therefor.

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

      Twenty-second-To provide, by ordinance, for supplemental registration of all persons possessing the requisite qualifications of voters in said city, and whose names do not appear on the official register of voters in said city for the next preceding general election; such supplemental registration may be had every four years before the police judge, and conform as nearly as possible with the requirement of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be had or taken later than thirty days preceding any regular city election, and the registration books shall be closed at least ten days before the day of election.

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

      Twenty-fourth-To prevent or regulate the running at large in the city of any poultry, hogs, sheep, goats, swine, horses, cows, or animals; to establish and maintain a pound, and to authorize the impounding, sale, or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.

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

      Twenty-sixty-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks or other structures;

Powers and duties of city council of Reno

Powers and duties of city council of Reno

stacks or other structures; to prescribe the manner of the construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to require the owners, lessees or other persons in control or possession of public buildings or buildings used for public purposes, including hotels, dancing halls, theaters, and theater buildings, to place in or upon the same fire escapes and appliances for protection against, and the extinguishment of, fire; to prevent the construction and cause the removal of dangerous chimneys, stovepipes, ovens, and boilers, and to prevent the depositing of sewer filth, offal, manure, or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the abating, removal or cleaning, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, debris, nauseous, stinking, or foul privy vaults; and if after the city council has given written notice to the owner or agent of any lot or premises to clean the same of any accumulated rubbish, garbage, or filth, the said owner or agent refuses or fails for a period of two days from and after receipt of said notice so to do, the city council may remove the said rubbish, garbage, or filth and collect the cost of said removal by suit against the said owner and lot or premises, and the cost of said removal shall be a lien against the said lot or premises until paid, and in the said action for recovery of the cost of said removal it shall not be necessary to join as defendant any party other than the name of the actual record owner and the said lot or premises.

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

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

      Twenty-ninth-To require every railroad and street-railway company to keep the streets in repair between the tracks and along and within the distance of two feet upon each side of the tracks, and to require all street - railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.

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

to be abated, removed, or otherwise destroyed, at the expense of the person or persons causing, committing, or responsible therefor, and the city council in like manner may require or cause any lots or portions of lots covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered, and may assess the cost of any portion thereof of filling upon such real estate, and make the same a lien thereon, in which case said lien shall be preserved, enforced, and foreclosed as in other cases herein provided for.

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

      Thirty-second-To restrain and punish vagrants, drunkards, drunkenness, disorderly persons, common prostitutes, mendicants, street walkers, street solicitors for alms or otherwise, street beggars, house beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish obscene language or conduct, indecent exposure of person, loud and threatening or lewd language, or profane language in the presence and hearing of women or children, and all obnoxious, offensive, immoral, indecent, and disorderly conduct and practices in the city; to prevent and punish the discharging of firearms in the city, the lighting of fires in yards, streets, or alleys, or any other unsafe places anywhere within the city; to prevent and punish the carrying of weapons, concealed or otherwise; to prevent and punish fast driving, fast horseback riding; or the riding or breaking to drive of wild or unmanageable horses in the city; to require that all horses left standing shall be hitched to post or weight, and to prescribe the length of time any horse or animal may be allowed to remain tied, held, or otherwise kept on the streets or alleys of the city.

      Thirty-third-To prevent and punish all persons from showing, selling, or exhibiting for sale or in any manner publishing any obscene or indecent drawings, engravings, paintings, books, or pamphlets, and all obscene or indecent exhibitions and shows of every kind.

      Thirty-fourth-To regulate the use, sale, and methods and means of distribution of water, gas, electric, and other lights in the city; to fix and determine the price as well as the rentals of all water, gas, and electric-light meters within the city, and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city; provided, that nothing herein contained shall be held to supersede any state law upon this subject, so long as any such state law may be in effect.

Powers and duties of city council of Reno

Powers and duties of city council of Reno

means of distribution of water, gas, electric, and other lights in the city; to fix and determine the price as well as the rentals of all water, gas, and electric-light meters within the city, and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city; provided, that nothing herein contained shall be held to supersede any state law upon this subject, so long as any such state law may be in effect.

      Thirty-fifth-To provide for the lighting of the streets and public buildings and places of the city and to regulate such lighting.

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

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

      Thirty-eighth-To provide for the cleaning of the river, reservoirs, and streams of the city, and the ditches connected therewith, of all driftwood and noxious matter; to prohibit, prevent and punish the depositing therein of any filth or other matter tending to make the waters thereof impure, unwholesome, or offensive.

      Thirty-ninth-To require all ditch or canal companies, persons, or individuals owning, operating, or controlling any ditch or canal running over or across any of the streets or alleys of the city to cause at their expense such ditch or canal to be completely bridged from side to side of such streets or alleys, and, upon failure so to do, the city council may bridge said ditch or canal across any streets or alleys, and may assess the cost of any portion thereof against said ditch or canal, or against the company, person, or individual owning, operating, or controlling the same, and make a lien upon said property, in which case said lien shall be preserved, enforced, and foreclosed, as any other case herein provided for.

      Fortieth-To compel the owner of any grocery, tallow-candler shop, soap or candle factory, butcher-shop or stall, slaughter-house, stable, barn, corral, sewer, privy, or other offensive, nauseous, or unwholesome place or house, to cleanse, remove, or abate the same, whenever the city council shall deem it necessary for the health, comfort, or convenience of the inhabitants of the city; the expense thereof to be paid by the person causing, maintaining, and committing the same.

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

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

      Forty-third-To require of and prescribe the amount of official bonds from its members and all officers of the city, whether elective or appointive.

      Forty-fourth-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary, in the judgment of the city council, to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise, against any property owner refusing or neglecting to pay, as assessed by the city council, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building, or any sidewalk or other improvement, which benefits the property of owner thereof.

      Forty-fifth-To hold, manage, use, and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues, assessments, or demands of every nature or kind, belonging or inuring to the city, but no sales of property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value.

      Forty-sixth-To prohibit the injury to or interference with the ornamental trees and shrubbery in the streets and public places of the city, and to prescribe the punishment for such injury and interference.

      Forty-seventh-Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto.

Powers and duties of city council of Reno

Powers and duties of city council of Reno

May increase or decrease salaries of appointive officers; restriction

and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto.

      Forty-eighth-To change or enlarge the boundaries of any ward, by ordinance, so as to annex or include therein additional lands, with the tenements, property, and inhabitants thereof; provided, the city council shall be first petitioned so to do by a majority of the persons of the district proposed to be so annexed; and provided further, that no change in the boundaries of any ward, except for the purpose of enlarging the same, shall be made within sixty days next preceding any general city election, and in no event oftener than once every two years.

      Forty-ninth-To suppress or regulate and collect a license tax on circus or other public parades through the streets of the city.

      Fiftieth-In its discretion, to provide and set aside yearly a reasonable fund, which once so provided and set aside shall not be increased, but may be diminished during the year, for the purposes of publicity.

      Fifty-first-To employ or appoint, on its own motion, such person or persons as it may deem expedient or necessary in any department of the city, who shall thereupon be subject to the supervision and regulation of the department head thereof.

      Sec. 7.  Section 1 of article XIX of the above-entitled act is hereby amended so as to read as follows:

      Section 1.  The city council may, in the exercise of sound discretion, increase or decrease the salaries or compensation of all of the appointive officers and employees of the city, but no ordinance, order, or resolution of the council having for its purpose the increasing of the salary or compensation, directly or indirectly, of any elective officer of the city government in excess of the maximum as herein provided for shall be valid or effective for any purpose.

[Senate Bill No. 8–Senator Penrose]

Chap. 34–An Act relating to bonds of irrigation districts, providing under what circumstances such bonds shall be legal investment for funds of banks, insurance companies and trust companies, trust funds, and any money or funds which may now or hereafter be invested in bonds of cities, counties, school districts or municipalities, and providing under what circumstances the use of bonds of irrigation districts as security for the performance of any act may be authorized.

[Approved February 26, 1921]

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

Assembly, do enact as follows:

Resolution declaring bonds available as legal investment.

      Section 1.  Whenever the board of directors of any irrigation district organized and existing under and pursuant to the laws of the State of Nevada shall by resolution declare that it deems it desirable that any contemplated or outstanding bonds of said district, including any of its bonds authorized but not sold, shall be made available for the purposes provided for in section ten of this act, the said board of directors shall thereupon file a certified copy of such resolution with the commission hereinafter provided for.

Report of irrigation district bond commission.

      Sec. 2.  Such commission, upon the receipt of a certified copy of such resolution, shall, without delay, make or cause to be made an investigation of the affairs of the district and report in writing upon such matters as it may deem essential, and particularly upon the following points:

      (a) The supply of water available for the project and the right of the district to so much water as may be needed.

      (b) The nature of the soil as to its fertility and susceptibility to irrigation, the probable amount of water needed for its irrigation, and the probable need of drainage.

      (c) The feasibility of the district’s irrigation system and of the specific project for which the bonds under consideration are desired or have been used, whether such system and project be constructed, projected, or partially completed.

      (d) The reasonable market value of the water, water rights, canals, reservoirs, reservoir sites, and irrigation works owned by such district or to be acquired or constructed by it with the proceeds of any of such bonds.

      (e) The reasonable market value of the lands included within the boundaries of the district.

      (f) Whether or not the aggregate amount of the bonds under consideration and any other outstanding bonds of said district, including bonds authorized but not sold, exceeds fifty per centum of the aggregate market value of the lands within said district and of the water, water rights, canal, reservoirs, reservoir sites, and irrigation works owned, or to be acquired or constructed with the proceeds of any of said bonds, by said district, as determined in accordance with paragraphs (d) and (e) of this section.

Bonds for irrigation districts

Report of bond commission

State controller to certify

be acquired or constructed with the proceeds of any of said bonds, by said district, as determined in accordance with paragraphs (d) and (e) of this section.

      (g) The numbers, date or dates of issue, and denominations of the bonds, if any, which the commission shall find are available for the purpose provided for in section ten of this act, and, if the investigation has covered contemplated bonds, the total amount of bonds which the district can issue without exceeding the limitation expressed in paragraph (f) of this section.

Certification by state controller.

      Sec. 3.  The written report of the investigation herein provided for shall be filed in the office of the state controller, and a copy of said report shall by the commission be forwarded to the secretary of the district for which the investigation shall have been made, and if said commission shall have found, as set out in said report, that the irrigation system of the district and the specific project for which the bonds under consideration are desired or have been used, whether such project be constructed, projected or partially completed, are feasible and that the aggregate amount of the bonds under consideration and any other outstanding bonds of said district, including bonds authorized but not sold, does not exceed fifty per centum of the aggregate market value of the lands within said district and of the water, water rights, canals, reservoirs, reservoir sites, and irrigation works owned or to be acquired or constructed with the proceeds of any of said bonds by said district, the bonds of such irrigation district, as described and enumerated in said report filed with the state controller, shall be certified by the state controller, as hereinafter provided for. If the commission shall be notified by the board of directors of any district whose irrigation system has been found in such report to be feasible that the district has issued bonds and the commission shall find that said bonds are for any project or projects approved in such report and that the amount of said bonds does not exceed the limitation stated in such report, the commission shall prepare and file with the state controller a supplementary report giving the numbers, date and dates of issue, and denominations of said bonds which shall then be entitled to certification by the state controller as hereinafter provided for. Subsequent issues of bonds may be made available for the purpose specified in this act upon like proceedings by said district, but, after any of the bonds of an irrigation district have been enumerated and described as entitled to certification by the state controller as herein provided for, it shall be unlawful for that district to issue bonds that will not be entitled to such certification. It is hereby made the duty of the state controller to provide for filing and preserving the reports mentioned in this section, and, also, to make, keep, and preserve a record of the bonds certified by him in accordance with the provisions of section seven of this act, including the date of certification, the legal title of the district, the number of each bond, its par value, the date of its issue and that of its maturity.

certified by him in accordance with the provisions of section seven of this act, including the date of certification, the legal title of the district, the number of each bond, its par value, the date of its issue and that of its maturity.

Provisions of section two directory.

      Sec. 4.  The provisions of section two of this act as to the points upon which said commission shall report are directory merely, and the board may authorize such certification when in their opinion, subject to the provisions otherwise contained in this act, their findings justify such action.

      Sec. 5.  Whenever the bonds of any irrigation district have been certified, as provided in this act, no expenditure of any kind shall be made from the construction fund of such district without the consent of the commission provided for in this act and no obligation shall be incurred chargeable against such fund without previous authorization of the commission, nor shall any expense of any kind be incurred in excess of money actually provided by levy of assessment or otherwise.

      Sec. 6.  Whenever the survey, examinations, drawings and plans of an irrigation district, and the estimate of cost based thereon, shall provide that the works necessary for a completed project shall be constructed progressively over a period of years in accordance with a plan or schedule adopted by resolution of the board of directors of the district, it shall not be necessary for the commission to certify at one time all of the bonds that have been voted for the said completed project; but such bonds may be certified from time to time as needed by the district. If the commission shall certify all of the bonds necessary for the said completed project, even if said project is to be constructed progressively over a period of years in accordance with the aforesaid resolution of the board of directors, the bonds so voted and certified shall only be sold after prior written approval of the commission.

Form of controller’s certificate.

      Sec. 7.  Whenever any bond of an irrigation district organized and existing as aforesaid, including any bond authorized in any such district but not sold, which shall be eligible to certification by the state controller under section three of this act, shall be presented to the state controller, he shall cause to be attached thereto a certificate in substantially the following form:

Carson City, Nevada........................(insert date).

      I, ........................, controller of the State of Nevada, do hereby certify that the within bond, No.......of issue No..........of the..............................irrigation district, issued.............(insert date) is, in accordance with an act of the legislature of Nevada, approved...................., a legal investment for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, and any funds which may be invested in county, municipal, or school - district bonds, and it may be deposited as security for the performance of any act whenever the bonds of any county, city, or school district may be so deposited, it being entitled to such privileges by virtue of an examination by the governor, state engineer, and state bank examiner in pursuance of said act.

Section 2 merely directory

Expenditures prohibited without commission’s consent

Commission must certify bonds

Form of state controller’s certificate

Certificate modified, when

Facsimile signature allowed

Personnel of commission

Irrigation district to pay expenses of commission

Bonds are legal investments for banks or for public funds

any funds which may be invested in county, municipal, or school - district bonds, and it may be deposited as security for the performance of any act whenever the bonds of any county, city, or school district may be so deposited, it being entitled to such privileges by virtue of an examination by the governor, state engineer, and state bank examiner in pursuance of said act. The within bond may also be used as security for the deposit of public money in banks in said state.

                                                                                          ............................................,

                                                                                  Controller of the State of Nevada.

      In case of a change in the constitution or any of the laws of this state relating to the bonds of irrigation districts, the state controller shall, if necessary, modify the above certificate so that it shall conform to the facts.

      A facsimile of the controller’s signature, printed or otherwise, impressed upon said certificate shall be a sufficient signing thereof; provided, that the imprint of the controller’s seal thereon shall appear upon both the certificate and the bond over and through the printed signature.

Irrigation district bond commission created.

      Sec. 8.  The governor, state engineer, and state bank examiner are hereby constituted the commission herein provided for. The governor shall be chairman and his private secretary shall be secretary of said commission.

Expenses.

      Sec. 9.  All necessary expenses incurred in making the investigation and report in this act provided for shall be paid as the commission may require by the irrigation district whose property has been investigated and reported on by the said commission; provided, that the benefit of any services that may have been performed and any data that may have been obtained by any member of said commission or any other public official, in pursuance of the requirements of any law other than this act, shall be available for the use of the commission herein provided for without charge to the district whose affairs are under investigation.

Bonds certified legal investments for trust funds, etc.

      Sec. 10.  All bonds certified in accordance with the terms of this act shall be legal investments for all trust funds, and for the funds of all insurance companies, banks, both commercial and savings, and trust companies, and whenever any money or funds may, by law now or hereafter enacted, be invested in bonds of cities, counties, school districts, or municipalities in the State of Nevada, such money or funds may be invested in the said bonds of irrigation districts, and whenever bonds of cities, counties, school districts, or municipalities may by any law now or hereafter enacted be used as security for the performance of any act, bonds of irrigation districts under the limitations in this act provided may be so used.

      Sec. 11.  The bonds of irrigation districts of other states having similar laws for certification thereof may be used in like manner as the bonds of irrigation districts of this state where the laws of such state permit a like use to be made of bonds of irrigation districts of this state.

      Sec. 12.  The faith of the State of Nevada is hereby pledged that any act under which irrigation district bonds are issued shall not be repealed, nor taxation thereby imposed omitted, nor such act be so amended as to impair the security of such bonds, until all the bonds and coupons issued under and by virtue thereof have been paid in full as in such act specified and provided.

Bonds of other states used in like manner

Faith of Nevada pledged

[Senate Bill No. 37–Senator Macallan]

Chap. 35–An Act to authorize the board of county commissioners of the county of Lander, State of Nevada, to issue bonds to provide for the construction, equipment and furnishing of a high-school building in the town of Battle Mountain, Nevada, and authorizing the county board of education of said county to construct, equip and furnish said building.

[Approved February 26, 1921]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of Lander County is hereby authorized, empowered, and directed to prepare and issue bonds in said county, such bonds to be issued on or before the first day of February, 1922, for an amount not to exceed the sum of seventy-five thousand ($75,000) dollars, exclusive of interest, for the purpose of providing funds for the construction of a county high-school building in the town of Battle Mountain, said county, upon a site to be chosen by the county board of education, and for equipping and furnishing the said building.

      Sec. 2.  The board of county commissioners of said Lander County shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated by the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered, and signed by the chairman of said board and the county treasurer.

      Sec. 3.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 4.  The board of county commissioners of Lander County is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, by advertising for sealed proposals or by private sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

Bonds of Lander County for high-school building at Battle Mountain

Commissioners shall issue said bonds

Clerk to keep record

Commissioners to negotiate sale of bonds

Provisos

Denomination and interest

“The Battle Mountain County High-School Fund”

Proceeds of bonds, how used

Balance, how used

Character of building, how determined

County is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, by advertising for sealed proposals or by private sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be each for the sum of five hundred dollars. They shall be numbered consecutively from 1 to 150, and the interest on the same shall not exceed six per cent per annum, payable annually on the first day of July of each year at the office of the county treasurer of said Lander County, and in no case shall said bonds run for a longer period than twenty years.

      Sec. 6.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a hereby created and known as “The Battle Mountain County High-School Building Fund,” and to pay out said moneys only in the manner now provided by law for the payment of the “County High-School Fund,” and for the purposes for which the same were received.

      Sec. 7.  The county board of education of Lander County, when created and organized pursuant to law, or, until so created and organized, the board of county commissioners of Lander County, acting as a county board of education pursuant to law, is hereby authorized and directed to use said moneys arising from the sale of said bonds, or such number thereof as they may deem necessary for the construction, equipment and furnishing of a county high-school building in the town of Battle Mountain, Nevada, and any balance remaining in said fund, after the completion, equipment, and furnishing of said building, shall be turned over and converted into the proper fund providing 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 of Lander county, when created and organized pursuant to law, or, until so created and organized, the board of county commissioners of Lander County acting as a county board of education pursuant to law, shall determine as to the character of said building, the materials to be used therefor, and the plans therefor, and when such determination is made said board shall advertise for bids for the construction of said county high-school building and let the construction thereof by contract to the lowest and most responsible bidder. The laws in force governing the letting of 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.

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 the said county board of education shall be paid in the manner now provided by law for paying claims against the “County High-School Fund”; provided, that no such bills shall be allowed until the plans for said high-school building shall have been approved by the state superintendent of public instruction.

      Sec. 9.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the county board of education of Lander County shall proceed to select an appropriate site for the said county high-school building in the town of Battle Mountain in said county, and the county board of education of said county and the county commissioners of said county shall thereafter, with all expedient dispatch, proceed to the execution of the provisions and purposes of this act.

      Sec. 10.  The county treasurer of the said Lander 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 the said Lander County is hereby authorized and required to levy and collect annually a special tax on the assessment value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said Lander 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, six of said bonds, on the first Monday of July, 1923, and eight of said bonds annually thereafter, beginning with the first Monday in July, 1924, 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 Battle Mountain County High-School Redemption 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, 1922, and thereafter on the first day of July in each and every year until all of said bonds shall have been redeemed and retired.

      Sec. 13.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of said Battle Mountain county high school.

“County High-School Fund”

Site for building

Treasurer liable

Special tax

“The Battle Mountain County High-School Redemption Fund”

Interest paid semiannually

Tax ceases, when

Treasurer to cancel paid bonds

Interest ceases, when

Faith of Nevada pledged

county, be transferred to the fund used for paying the contingent expenses of said Battle Mountain county high school.

      Sec. 14.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 15.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on said 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 omitted, until all the bonds and coupons issued under and by virtue hereof shall have been paid in full, as in this act specified.

Penalty for illegal selling of poisons

[Assembly Bill No. 42–Mr. Heward]

Chap. 36–An Act to amend an act entitled “An act to regulate the sale and use of poisons in the State of Nevada, and providing a penalty for the violation thereof,” approved March 24, 1913, as amended by act approved March 12, 1915, as amended by act approved February 20, 1917, as amended by act approved March 24, 1917.

[Approved February 26, 1921]

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.  Any person violating any of the provisions of section 8 of this act shall, upon conviction, be punished as follows, viz: For the first offense, by a fine of not less than one hundred dollars, nor more than one thousand dollars, and by imprisonment for not less than sixty days nor more than one year; for the second and for each succeeding offense, by imprisonment in the state prison for not less than one year and not more than five years. Any person violating any of the provisions of this act, except those contained in section 8, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than thirty dollars nor more than one hundred dollars, or by imprisonment for not more than fifty days, or by both such fine and imprisonment.

      The following is schedule “A,” referred to in section 1, viz: Schedule “A”-Arsenic, its compounds and preparations, corrosive sublimate, corrosive sublimate tablets, antiseptic tablets containing corrosive sublimate, cyanide of potassium, strychnine, hydrocyanic acid, oils of croton, rue and tansy, phosphorus and its poisonous derivatives or compounds, stropanthus or its preparations.

      The following is schedule “B,” referred to in section 1, viz: Schedule “B”-Aconite, belladonna, nux vomica, veratrum, veride or preparations, alkaloids or derivatives, hydrochloric or muriatic acid, nitric acid, oxalic acid, bromide, chloroform, sulphuric acid, cowhage, creosote, ether, solution of formaldehyde or formalin, cantharides, cocculus indicus, or their preparations, iodine or its tinctures, oils of savin and pennyroyal, tartar emetic, and other poisonous derivatives of antimony, sugar of lead, sulphate of zinc, and wood alcohol.

      Sec. 2.  Section 8 of said act is hereby amended to read as follows:

      Section 8.  It shall be unlawful for any person, firm, or corporation to sell, furnish, or give away, or offer to sell, furnish, or give away, or to have in their, her, or his possession any cannabis indica, cocaine, opium, yen shee, morphine, codeine, heroin, anhalonium (peyote or mescal button) or any of the salts, derivatives or compounds of the foregoing substances, or any preparation or compound containing any of the foregoing substances or their salts, derivatives, or compounds, excepting upon the written order or prescription of a physician, dentist, or veterinary surgeon licensed to practice in this state, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, written in by the person writing said prescription, or if ordered by a veterinary surgeon it shall state the kind of animal for which ordered and shall be signed by the person giving the order or prescription. Such order or prescription shall be permanently retained on file by the person, firm, or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be again compounded or dispensed if each fluid or avoirdupois ounce contains more than eight grains of opium, or one grain of morphine, or two grains of codeine, or one-half grain of heroin, or one grain of cocaine, excepting upon the written order of the prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such order or prescription shall be made or delivered to any person, but the original shall be at all times open to inspection by the prescriber and by properly authorized officers of the law, and shall be preserved for at least three years from the date of the filing thereof; provided, that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers to pharmacies legally licensed and doing business under the laws of the State of Nevada,

Schedule A

Schedule B

Drugs and poisons enumerated

Regulations regarding prescriptions

Must be kept on file

No duplicate prescriptions

Record to be kept

Form of record

Record open to inspection

Not to furnish drug addicts

Proviso

Certain preparations excepted

pharmacies legally licensed and doing business under the laws of the State of Nevada, or physicians, nor to each other, nor to the sale at retail by pharmacies to physicians, dentists, or veterinary surgeons duly licensed to practice in this state; provided further, that all such wholesale jobbers, wholesalers and manufacturers, in this section mentioned, shall, before delivery to any person, firm, or corporation of any of the articles in this section enumerated, make or cause to be made, in a book kept for that purpose only, an entry of the sale of any such article, stating the date of such sale and quantity and name of the article and form in which sold, the true name and true address of the purchaser, the name of the person by whom such entry and sale was made, also a statement showing how delivery was had, whether delivered personally or forwarded by mail, express, or freight, which book shall be substantially as follows:

Form of Record

      And said books shall always be open for inspection by any peace officer or citizen, or any member of the board of pharmacy, or any inspector by them authorized, and such books shall be preserved for at least five years after the date of the last entry therein. It shall be unlawful for any practitioner of medicine, dentistry, or veterinary surgeon to furnish to, or prescribe for the use of, any habitual user of the same, any cocaine, opium, morphine, codeine, heroin, anhalonium, cannabis sativa, or chloral hydrate, or any salt, derivative, or compounds, and it shall be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or for any veterinary surgeon to prescribe any of the foregoing substances for the use of any human being; provided, however, that the provisions of this section shall not be construed to prevent any duly licensed physician from furnishing or prescribing in good faith as their physician by them employed as such, for any habitual user of any narcotic drugs who is under his professional care, such substances as he may deem necessary for their treatment when such prescriptions are not given or substances furnished for the purpose of evading the purposes of this act; provided, that the above provision shall not apply to preparations sold or dispensed without a physician’s prescription containing less than two grains of opium, or one-fourth grain of morphine, or one-half grain of codeine, or four grains of Indian hemp in one fluid ounce, or if solid preparation in one avoirdupois ounce, or to the sale of strychnine or other poisons for the purpose of destroying noxious wild animals; and provided further, that on and after October 1, 1921, it shall be within the discretion of the judge pronouncing sentence upon any person for the violation of the provisions of this section to order that said person be confined for treatment for a part or all of his said sentence of confinement in the Nevada state hospital for mental diseases, and it shall be the duty of the officer in charge of said institution to confine, care for and provide treatment to all persons delivered to him in accordance with the provisions of this act.

discretion of the judge pronouncing sentence upon any person for the violation of the provisions of this section to order that said person be confined for treatment for a part or all of his said sentence of confinement in the Nevada state hospital for mental diseases, and it shall be the duty of the officer in charge of said institution to confine, care for and provide treatment to all persons delivered to him in accordance with the provisions of this act. In case of such commitment, the county from which said person is committed shall pay to the officer in charge of said Nevada state hospital for mental diseases the sum of $20 per month, or part thereof, during all of the time such person is confined in said institution.

Drug addicts may be sent to Nevada hospital for mental diseases

County to pay

[Assembly Bill No. 53–Mr. Gentry]

Chap. 37–An Act to repeal an act entitled “An act to provide for appointment of a commission to investigate the feasibility of the construction and equipment of a cement plant and state smelter for the State of Nevada; making an appropriation for the expenses of said commission and providing for the issuance of certain bonds,” approved March 26, 1919.

[Approved February 26, 1921]

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

Assembly, do enact as follows:

      Section 1.  An act entitled “An act to provide for appointment of a commission to investigate the feasibility of the construction and equipment of a cement plant and state smelter for the State of Nevada; making an appropriation for the expenses of said commission and providing for the issuance of certain bonds,” approved March 26, 1919, is hereby repealed.

Cement commission act repealed

[Assembly Bill No. 57–Elko County Delegation]

Chap. 38–An Act authorizing and empowering the county board of education of the Elko County high school to borrow a certain sum of money upon an emergency loan.

[Approved February 26, 1921]

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

Assembly, do enact as follows:

      Section 1.  The county board of education of the Elko County high school is hereby authorized and empowered to borrow the sum of not exceeding nine thousand ($9,000) dollars upon its negotiable promissory note, issued by said board, for the amount of money which may be borrowed by it under the provisions of this act.

Elko County board of education authorized to borrow $9,000

Provisions of certain act do not apply

for the amount of money which may be borrowed by it under the provisions of this act.

      Sec. 2.  The proceeds arising from the negotiation of such negotiable promissory note shall be immediately placed in the county treasury of Elko County to the credit of the Elko County high-school fund.

      Sec. 3.  The provisions of section eleven of that certain act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917, shall not apply to the emergency loan hereby authorized.

State assayer act repealed

[Assembly Bill No. 70–Mr. Gentry]

Chap. 39–An Act to repeal an act entitled “An act creating the office of state assayer and inspector and providing for the appointment of such officer, defining his duties and other matters relating thereto,” approved March 27, 1917.

[Approved February 26, 1921]

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

Assembly, do enact as follows:

      Section 1.  An act entitled “An act creating the office of state assayer and inspector and providing for the appointment of such officer, defining his duties and other matters relating thereto,” approved March 27, 1917, is hereby repealed.

State ore sampler act repealed

[Assembly Bill No. 71–Mr. Gentry]

Chap. 40–An Act to repeal an act entitled “An act creating the office of state ore sampler and providing for the appointment of such officer, defining his duties, and other matters relating thereto,” approved March 27, 1919.

[Approved February 26, 1921]

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

Assembly, do enact as follows:

      Section 1.  An act entitled “An act creating the office of state ore sampler and providing for the appointment of such officer, defining his duties, and other matters relating thereto,” approved March 27, 1919, is hereby repealed.

[Senate Bill No. 57–Senator Scott]

Chap. 41–An Act in relation to jurisdiction of courts.

[Approved March 2, 1921]

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

Assembly, do enact as follows:

      Section 1.  A court having acquired jurisdiction of an action shall not lose such jurisdiction by reason of any subsequent amendment or repeal of the law under which such jurisdiction was acquired, unless such amendment or repealing act shall expressly provide that such jurisdiction is terminated, and such action shall proceed to final determination the same as though there had been no such amendment or repeal; provided, that nothing in this act shall be deemed to apply to amendments or repeals affecting mere matters of procedure. This act is intended to be inclusive of and to affect any repealing or amendment act or acts heretofore passed by this session of the legislature affecting jurisdiction in any action pending or undetermined at the time of the passage and approval of such act or acts.

Original jurisdiction of court not lost by subsequent legislation

Proviso

[Assembly Bill No. 108–Mr. Gentry]

Chap. 42–An Act authorizing the acquisition of certain public utilities for the town of Caliente, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto.

[Approved March 4, 1921]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of the county of Lincoln is authorized and directed to prepare, issue, and sell negotiable coupon bonds of the town of Caliente in said county for an amount not exceeding $30,000, exclusive of interest, for the purpose of providing funds for the acquisition of certain public utilities for the town of Caliente, to wit, an electric-light and power system, a water system, and a sewerage system. Said bonds shall be named “Town of Caliente Public Utilities Bonds.”

      Sec. 2.  Said bonds shall be prepared in denominations of $500 and shall be numbered consecutively. They shall be made payable in gold coin of the United States and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, acting as a town board, and countersigned by the clerk of said board.

Bonds of Lincoln County for acquisition of public utilities for Caliente

Denomination of bonds

Interest 6%

County to have advice of engineer of public service commission

When board may issue bonds

Sale of bonds

“Town of Caliente Public Utilities Fund”

Surplus, how used

shall be signed by the chairman of the board of county commissioners, acting as a town board, and countersigned by the clerk of said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like gold coin at a rate not exceeding 6 per centum per annum, payable annually, on the first Monday in July. They shall be redeemed and retired consecutively in the order of their issuance annually thereafter, according to the time specified therein from the date of their issue, respectively, and in no case shall any bond run for a longer period than twenty years.

      Sec. 3.  The board of county commissioners of the county of Lincoln shall be entitled to have the advice of the expert engineer of the public service commission of Nevada, or his successor, who shall make a detailed estimate of the reasonable cost of each of said proposed systems. After receiving such advice and estimate the board shall be guided by the provisions of an act entitled “An act to enable the unincorporated cities and towns of the State of Nevada to acquire by construction, purchase, or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light, and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collection of rates for the service thereof, and other matters relating thereto,” approved March 23, 1911, as it stands amended, except as otherwise provided in this act.

      Sec. 4.  If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners, acting as a town board, shall proceed at once to execute and issue them as rapidly as needed.

      Sec. 5.  The board of county commissioners, acting as aforesaid, is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, to the highest and best bidder, giving preference to the State of Nevada, or by private sales, as they may deem best, and may reject any or all bids; provided, that no bond shall be sold for less than par value.

      Sec. 6.  The said board of county commissioners, acting as aforesaid, shall pay the proceeds from the sale of said bonds to the county treasurer, who shall keep a detailed record of the same, and assign the same to a fund to be known as the “Town of Caliente Public Utilities Fund,” and who shall pay out the same for the acquisition, installment, management, and control of any system acquired under the provisions of this act, in all respects as required for such payments by the board of county commissioners acting as a town board.

      All moneys acquired for service or the sale of service from said systems, and other revenues, shall be paid by the officer collecting the same to the county treasurer, who shall assign the same to the “Town of Caliente Public Utilities Fund,” created as aforesaid, for use as such fund may be required to be used, and, at the first meeting of the board of county commissioners in January of each year, any surplus remaining shall be assigned by the treasurer on order of said board to the town of Caliente public utilities bond interest and redemption fund.

the same to the “Town of Caliente Public Utilities Fund,” created as aforesaid, for use as such fund may be required to be used, and, at the first meeting of the board of county commissioners in January of each year, any surplus remaining shall be assigned by the treasurer on order of said board to the town of Caliente public utilities bond interest and redemption fund.

      Sec. 7.  To provide for the payment of said bonds and the interest thereon the board of county commissioners shall levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said town of Caliente, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with the bond number one, and consecutively thereafter, three of said bonds annually, beginning with the first Monday in July, 1922, 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 “Town of Caliente Public Utilities Bond Interest and Redemption Fund.” Said bonds and interest shall be paid from this fund. Said bonds and interest thereon shall be a lien on all property subject to taxation within said town of Caliente.

      Sec. 8.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond interest and redemption fund shall, by order of the board of county commissioners of the said county, be transferred to the town of Caliente public utilities fund. If at any time there are sufficient funds in the said bonds interest and redemption fund to care for the obligations of the current year in full or in part, the board of county commissioners shall fix the tax rate corresponding correspondingly lower.

      Sec. 9.  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. 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.

      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.

Special tax to pay bonds and interest

“Town of Caliente Public Utilities Bond Interest and Redemption Fund”

Tax ceases, when

Tax rate lowered, when

Treasurer to cancel redeemed bonds

Interest ceases, when

Faith of Nevada pledged

Existing laws govern

Time limit

hereunder and by virtue hereof shall have been paid in full, as in this act specified.

      Sec. 10.  The provisions of the existing law respecting the manner of acquisition of utilities, advertising notice of intention to issue bonds, bond elections, the duty of commissioners to act on a proper petition, the collection and enforcement of collection of rates for service, and all other provisions not expressly superseded by this act shall apply to the acquisition, management, and financing of the systems mentioned in this act. The commissioners shall act as soon as they conveniently may, and the bonds shall be prepared not later than June 1, 1921. The systems herein provided for shall be deemed public uses authorized by the legislature such as are assisted by the principle of eminent domain.

Annual budget for county farm bureaus

Supplemental budget

[Assembly Bill No. 113–Committee on Agriculture]

Chap. 43–An Act amendatory of and supplemental to an act entitled “An act to provide for cooperative agricultural and home economics extension work in the several counties in accordance with the Smith - Lever act of Congress, approved May 8, 1914; providing for the organization of county farm bureaus; for county and state cooperation in support of such work; making an appropriation therefor, levying a tax and for other purposes,” approved April 1, 1919.

[Approved March 4, 1921]

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

Assembly, do enact as follows:

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

      Section 3.  The board of directors of the county farm bureau and the director of agricultural extension shall prepare an annual financial budget covering the county’s share of the cost of carrying on cooperative extension work in agriculture and home economics provided for in this act, which shall not exceed a sum equal to the proceeds of one cent of the county tax rate, together with the shares of all other cooperating agencies, which, if adopted by majority vote of said bureau at a regularly called meeting of delegates representing the community centers thereof, shall be filed with the board of county commissioners of such county, which said board shall include the county’s share thereof in the budget of county expenditures for such year, and shall annually, at the time of levying taxes for county purposes, levy a county tax at a rate not exceeding one cent on each one hundred dollars of taxable property to provide such fund; provided, that a supplemental budget may be prepared, adopted, and filed as aforesaid, reciting that the county’s share of the costs of carrying on such work, together with the shares of all other cooperating parties, is insufficient for the proper and efficient conduct of the same, and therein entering the county’s share in a sum not exceeding the proceeds of five cents of the county tax rate, and which said supplemental budget, if approved by unanimous vote of the board of county commissioners of such county, shall supersede said first budget, and the board of county commissioners shall levy the county tax required therefor in the manner aforesaid.

with the shares of all other cooperating parties, is insufficient for the proper and efficient conduct of the same, and therein entering the county’s share in a sum not exceeding the proceeds of five cents of the county tax rate, and which said supplemental budget, if approved by unanimous vote of the board of county commissioners of such county, shall supersede said first budget, and the board of county commissioners shall levy the county tax required therefor in the manner aforesaid. The board of directors of the county farm bureau is authorized to make any changes in said supplemental budget affecting county funds, necessary to reach agreement with the board of county commissioners. The proceeds of such tax shall be semiannually transferred to the state treasury by the county treasurer of such county as prescribed in section 4 of this act; provided, that the state’s cooperative share of the cost of such work, entered in either such foregoing budgets, shall not exceed a sum equal to the estimated proceeds of one cent of such county tax rate, nor shall the state be obligated for its cooperative share in any county in excess of the actual proceeds of one cent of such county tax rate.

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

      Section 4.  To provide for state cooperation in the cost of such extension work in the manner prescribed in section three of this act, there is hereby annually appropriated, out of any moneys in the state treasury not otherwise appropriated, or from the proceeds of any portion of the state tax rate levied therefor, a sum equal to the total several cooperative shares of the state in the cost of such work in the several counties, as provided in section three of this act, but which said appropriation shall not be greater in any year than the proceeds of one cent of the state tax rate. In order to provide for the conduct of such work by county farm bureaus beginning such work in even-numbered years and to provide for state cooperation in the same as prescribed in section three of this act, provision shall be made therefor in the state budget in such amount as may be estimated to provide for the same, and any portion thereof not required for such purpose shall revert to the general fund. There is hereby created in the state treasury the state farm bureau fund, and in which shall be placed, from time to time, the moneys herein appropriated. The proceeds of all county tax levies, as provided for in section three of this act, shall be settled for in full by the county treasurer of each such county with the state controller, on or before the third Monday of June and December of each year, and each such county treasurer shall send to the state treasurer all funds which have come into his hands as county treasurer under such county farm bureau tax, taking a receipt therefor from the state treasurer, who shall place the same in said state farm bureau fund.

Proviso

State cooperatlon

Provision made in state budget

State farm bureau fund

Disbursements

Temporary loans authorized

Proviso

Additional county tax for 1921

place the same in said state farm bureau fund. Disbursements from said state farm bureau fund shall be in accordance with the respective financial budgets adopted or approved as provided in section three of this act, or with revised budgets filed as prescribed in section five of this act, for both the state and county shares of such costs, on certificates of the president of such farm bureau and the director of agricultural extension, approved by the state board of examiners, when the state controller shall draw his warrant and the state treasurer pay the same. In order to provide for the carrying on of such cooperative extension work without interruption and to make available in said fund the proceeds of county farm bureau tax levies in advance of their receipt by the state treasurer, for the year 1921, for county farm bureaus organized and operating at the beginning of said year, and for not exceeding two years thereafter, and for the first three years thereafter for any county farm bureau subsequently organized, the board of county commissioners of each said county may, by resolution unanimously adopted, and without advertising the same, authorize a temporary loan for the purpose of meeting such necessity or emergency, in an amount not exceeding the estimated proceeds of the farm bureau tax levied for such year in such county, inclusive of interest thereon at the rate of six per cent per annum, payable, principal and interest, from the proceeds of such tax, by warrant of the state controller against such proceeds when received by the state treasurer, in favor of the holder of such obligation, as provided in sections five and seven of an act entitled “An act to regulate the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917, as amended February ......., 1921; provided, that the state board of revenue by resolution adopted by a majority thereof, shall authorize such loans by the several counties, and it shall be sufficient, in this respect, if the president of the Nevada state farm bureau or the director of agricultural extension shall request such approval by the state board of revenue, applicable to all such counties, in advance of action by any board of county commissioners, and if such action by said board of revenue be favorable it shall apply to all counties in such cases until rescinded by said board; and provided further, that it shall be the duty of each such board of county commissioners to levy an additional county tax for the year 1921, and annually thereafter, of not less than one cent of the county tax rate, until the proceeds of such additional taxes shall have provided moneys in the state farm bureau fund for carrying on such extension work in such county on a cash basis, without recourse to such emergency loans. The board of county commissioners may request the state board of finance to provide for such loan from any available moneys in the state treasury or from the permanent school fund, under authority of chapter 93, Statutes of Nevada, 1919, and if such loan be made, the proceeds thereof shall be placed in the state farm bureau fund to the credit of such county.

state treasury or from the permanent school fund, under authority of chapter 93, Statutes of Nevada, 1919, and if such loan be made, the proceeds thereof shall be placed in the state farm bureau fund to the credit of such county. Any county which may have farm bureau funds in its treasury available for the year 1921, and unexpended, may transmit the same to the state treasury as in whole or in part of the amount of its cooperation for said year under the provisions of this act.

      Sec. 3.  Section 5 of the above-entitled act is hereby amended to read as follows:

      Section 5.  A certified copy of the county farm bureau budget, as adopted and approved as provided in section three, within ten days after its filing with the board of county commissioners, if providing for county cooperation in a sum not exceeding the proceeds of one cent of the county tax rate, or, if a supplemental budget, within ten days after its approval by such board of county commissioners, shall be filed with the state controller and the state board of examiners. Necessary modifications thereof, involving county and state funds, due to leave of absence without pay, resignations, changes in salary, dismissals, or employment of any cooperative agent, variations in expense accounts, or otherwise, not involving increase in the total expenditures provided to be paid from such funds, and consistent with the purposes of this act, may be made by filing with the board of county commissioners, the state controller, and the state board of examiners a revised budget, approved and certified to by the board of directors of the county farm bureau and the director of agricultural extension.

      Sec. 4.  Section 6 of the above-entitled act is hereby amended to read as follows:

      Section 6.  It shall be the duty of each said county farm bureau annually, on or before the first Monday in January of each year, to file its budget and program of work for such year with the board of county commissioners of the county; provided, that for the year 1921 the board of farm bureau directors of any county and the director of agricultural extension may agree and adopt a supplemental budget, and may file the same with the board of county commissioners of such county on or before the fourth Monday in February of said year, for the action and approval of said board of county commissioners within the provisions of section three of this act. Each such board of farm bureau directors shall, annually, on or before the third Monday in January of each year, file a full and detailed report of its extension activities for the preceding calendar year, including a detailed report of its receipts and expenditures from all sources, on such forms as the director of extension may prescribe, one copy each with the governor, state controller, director of agricultural extension, and board of county commissioners.

County farm bureau budgets to be filed with county commissioners, state controller, and state board of examiners

County farm bureaus to file budget and program with county commissioners at first of year

New section

State farm bureau, how constituted

Incorporated as Nevada state farm bureau

Action mandatory, when

      Sec. 5.  After section 6 of the above-entitled act insert a new section, to read as follows:

      Section 6a.  The members of the boards of directors of the several county farm bureaus shall be ex officio members and constitute the active membership of the state farm bureau. Said state farm bureau may make application to the secretary of state for incorporation under the laws of the State of Nevada as a corporation not for profit, and when so incorporated shall be known as the Nevada state form bureau, and shall be recognized as the official body within the state representing the county farm bureaus as a whole. Such state farm bureau may adopt a constitution and by-laws for its government; may provide for affiliation with the American farm bureau federation; may prescribe fees for its support, not exceeding one dollar and fifty cents per annum from each county farm bureau member or family, and may, by two-thirds vote at its regular annual meeting, provide that not exceeding ten per centum of the state’s share of cooperative extension funds under this act be deducted from the allotments to the several counties and set aside in the state farm bureau fund for its support; disbursements from which shall be in accordance with an annual budget prepared by the executive committee of the state farm bureau and the director of extension, on certificates of the president thereof and said director of extension, approved by the state board of examiners, when the state controller shall draw his warrant, and the state treasurer pay the same; provided, that the same shall not be available until the budgets of the several county farm bureaus provide for such disposition of state cooperative funds to the state farm bureau; and provided further, that such action by the state farm bureau shall be mandatory on county farm bureau boards of directors and on the director of extension, and it shall be their duty to provide for such state farm bureau support in the county farm bureau budget by filing revised budgets in accordance therewith, unless already provided for, within thirty days after such action by the state farm bureau.

[Assembly Bill No. 114–Committee on Agriculture]

Chap. 44–An Act to amend sections four, five, and seven of an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917.

[Approved March 4, 1921]

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

Assembly, do enact as follows:

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

      Section 4.  It shall be unlawful for any commissioner, or any board of county commissioners, or any officer of the county to authorize, allow, or contract for any expenditure unless the money for the payment thereof is in the treasury and specially set aside for such payment.

or any board of county commissioners, or any officer of the county to authorize, allow, or contract for any expenditure unless the money for the payment thereof is in the treasury and specially set aside for such payment. Any county commissioner or officer violating the provisions of this section shall be removed from office in a suit to be instituted by the district attorney of the county wherein said commissioner or officer resides, upon the request of the attorney-general, or upon complaint of any interested party; provided, that the provisions of this section shall not apply to lawful advances for the support of county farm bureaus when such advances are reimbursable from the proceeds of any tax levied for such purpose.

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

      Section 5.  In case of great necessity or emergency, the board of county commissioners by unanimous vote, by resolution reciting the character and nature of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution by the board of county commissioners they shall publish notice of their intention to act thereon in the official newspaper of the county for at least two publications at least one week apart, and no vote may be taken upon such emergency resolution until fifteen days after the first publication of said notice; provided, that temporary loans for the support of any lawfully organized county farm bureau may be authorized by resolution of the board of county commissioners unanimously adopted without publication of such notice. Upon the unanimous adoption of any emergency resolution a certified copy thereof shall be forwarded to the state board of revenue, hereinafter defined, for its approval, and no such resolution shall be effective until approved by the said state board of revenue, and the resolution of the said state board of revenue shall be recorded in the minutes of the board of county commissioners; provided, that temporary loans for the support of any lawfully organized county farm bureau may be authorized by a general resolution of the state board of revenue applicable to all counties, and which such general resolution of approval shall be sufficient to be recorded in the minutes of the board of county commissioners as aforesaid.

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

      Section 7.  It shall be the duty of the county commissioners at the first tax levy following the creation of any emergency indebtedness to levy a tax sufficient to pay the same, which shall be designated “Emergency Tax,” the proceeds of which shall be placed in “The Emergency Fund” in the treasury of the county, and used solely for the purpose of maturing and redeeming the emergency loan for which the same is levied;

Unlawful for any county officer to contract indebtedness for county unless money is specially set aside in treasury for such payment

Temporary loan, how negotiated

State board of revenue to approve

Proviso

Emergency tax authorized

Proviso

maturing and redeeming the emergency loan for which the same is levied; provided, that when such temporary loan is for the support of any lawfully organized county farm bureau, the county tax levied therefor shall be deemed the “Emergency Tax” within the provisions of this section, and the proceeds thereof may be transferred to the state treasury as may be prescribed in any act providing for the transfer of county farm bureau funds to the state treasury, when the state controller shall be authorized to draw his warrant against such proceeds for the principal and interest of such temporary loan in favor of the holder of the note issued therefor, and the state treasurer shall pay the same.

Mineral County authorized to purchase light, power, and telephone line

“Mineral County Power Line”

[Senate Bill No. 61–Senator Miller]

Chap. 45–An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto.

[Approved March 4, 1921]

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

Assembly, do enact as follows:

      Section 1.  The county of Mineral, State of Nevada, acting by and through its board of county commissioners, is hereby authorized and empowered to purchase the electrical power and telephone lines now extending from the Lundy generating plant of the Nevada-California power company, situated near Lundy, in the county of Mono, State of California, to the town of Hawthorne, in the county of Mineral, State of Nevada, and known as the “Pacific Division” of the Nevada-California power company’s system of light and power lines within the State of Nevada, and thereafter to operate and maintain the same as a public utility for the transmission, sale and distribution of electrical energy to consumers, and to construct, operate and maintain an extension of said line from the town of Hawthorne, via Luning and Mina, to the town of Simon in said Mineral County, with branch from Mina to Candelaria, and the same shall be known as the “Mineral County Power Line.”

      Sec. 2.  The board of county commissioners shall have authority to enter into any and all necessary contracts with any person, firm or corporation generating power for the purchase of electrical energy and current; to purchase any existing light and power line, or integral part thereof, upon advantageous terms and price; to enter into contracts with consumers for the sale, distribution and delivery of electrical energy and current along the line of said Mineral County power line; make any and all rules and regulations necessary or proper for the management, operation and control thereof, and may construct and operate branches, or distributing lines, substations and transformers and other electrical appliances under the conditions hereinafter provided.

      Sec. 3.  This act contemplates primarily the purchase, distribution and resale of electrical energy and current by said county as a public utility in the towns of Luckyboy, Hawthorne, Mina and Simon over the Mineral County power line, and the board of county commissioners are hereby authorized and empowered to purchase all necessary materials and operate transformers, substations and distributing systems at those points; and also at the towns of Luning and Candelaria, in said county, whenever in the judgment of said board there will be used sufficient power and lights to justify the extension of the service to and the installation of power equipment at those towns; provided, however, that no further extensions or branches of said Mineral County power line shall be constructed or operated, nor shall any other distributing system, substations or transformers be installed or maintained, other than at the places herein provided for, unless at the cost and expense of the consumer or consumers served and using the same.

      Sec. 4.  The board of commissioners shall have the authority to discontinue the operation of said public utility at any point of operation whenever in their judgment the revenues derived therefrom shall not justify the continuance of service; provided, however, that any order of said board discontinuing or restricting service along or upon said public utility shall, in every case, be subject to review and confirmation by proper legal authority.

      Sec. 5.  Whenever said Mineral County power line shall have been completed as hereinbefore authorized, and all debts incurred in its construction have been paid, and the same is ready to commence operation as a public utility, any and all bonds authorized by this act which may then remain unsold shall forthwith be canceled by the county treasurer of Mineral County, and no further bonds shall be issued, it being the purpose of this act that no more of the bonds hereinafter authorized shall be sold than may be actually necessary to carry out the provisions hereof.

Commissioners authorized to purchase

Purchase, distribution and resale of electricity

Limitations

Commissioners may discontinue unprofitable service

Unnecessary bonds canceled

“Mineral County Light and Power Bonds”

Interest

Sale of bonds

$10,000 of bonds retired annually

      Sec. 6.  For the purpose of providing funds to acquire, extend and complete said Mineral County power line, as the same as hereinbefore described, the board of county commissioners of Mineral County are hereby authorized and empowered to prepare, issue and sell negotiable coupon bonds of said county, to be known and called “Mineral County Light and Power Bonds,” in an amount not exceeding the sum of one hundred and fifty thousand ($150,000) dollars, exclusive of interest. Said bonds shall be numbered consecutively and shall be prepared in such denominations of not less than $100 nor more than $1,000 and in such proportions as may be designated by the board. They shall have interest coupons attached in such manner that they can be removed upon payment of the installments of interest without injury to the bonds. Each coupon shall be numbered consecutively, and shall also bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and countersigned by the county clerk, and attested with the seal of the county. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest, payable from the date of issuance and sale thereof, to the date of maturity only, at such rate of interest, not exceeding seven per cent (7%) per annum, as may be fixed and determined by the board, payable semiannually on the first Monday of July and January in each year, and said bonds and the interest thereon shall be payable in lawful money of the United States.

      Sec. 7.  The board of county commissioners, acting as aforesaid, is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, to the highest and best bidder, giving preference to the State of Nevada, or by private sales, as they may deem best, and may reject any or all bids; provided, that no bond shall be sold for less than par value. They shall be redeemed, paid and retired consecutively in the order of their issuance, according to the times specified therein.

      Sec. 8.  At least $10,000 of such bonds, together with the interest due thereon, shall be redeemed, paid and retired on the first Monday of January, 1923, and not less than $10,000, with accrued interest, shall be redeemed, paid and retired annually thereafter until the whole thereof are paid and retired; provided, that the board of commissioners may at any time after ten years from the date of this act call in and redeem the whole or any part of such outstanding bonds by payment of the face value thereof and accrued interest to the date of redemption. Notice of such intention shall be given by the county treasurer, by mailing a copy thereof to bondholders of record, and shall also be published for at least thirty days in any newspaper published within the county of Mineral or the State of Nevada, and all said outstanding bonds and interest due thereon shall thereupon become due and payable at the office of the county treasurer.

the county of Mineral or the State of Nevada, and all said outstanding bonds and interest due thereon shall thereupon become due and payable at the office of the county treasurer. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the county treasurer for payment when they become due, or be called in for redemption, all interest on such bonds shall thereafter immediately cease and determine.

      Sec. 9.  Any and every board and commission of the State of Nevada, now existing or which may hereafter be created, charged with authority to loan or invest public moneys, is hereby authorized to purchase at par, plus accrued interest, all or any part of the said bonds, using therefor any of such moneys not otherwise appropriated or reserved.

      Sec. 10.  To provide for the payment of said bonds and the interest due thereon, whenever the revenues from the sale of service or power hereinafter provided for shall be insufficient for that purpose, the board of county commissioners of Mineral County shall, annually, at the time of making the regular tax levy for state and county purposes, levy an additional special tax upon all property, both real and personal, subject to taxation within the limits of said county, including the proceeds of mines, sufficient in their judgment to pay the interest upon such bonds semiannually, as it shall become due, and to pay the principal of such bonds as shall mature according to the time designated in such bonds for the maturity thereof respectively, and all taxes levied and assessed for the purposes in this act provided shall constitute a lien on the property charges therewith from the date of the levy thereof by the county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes.

      Sec. 11.  Such taxes shall be levied, assessed and collected in the same manner as other taxes paid to the county treasurer, and shall be by him placed in a fund, which is hereby created, to be known as “Mineral County Light and Power Bond Redemption Fund.” No moneys placed in said fund shall be transferred therefrom, or used for any other purpose than the payment of principal and interest of the bonds hereinabove provided for, and the money of said fund shall only be paid out by the county treasurer upon warrants therefor issued by the county auditor, in the payment of the principal and interest of such bonds as they become due, upon the presentation and surrender thereof to the county treasurer at his office.

      Sec. 12.  Whenever the bonds with interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners, be transferred to the general fund.

Interest to cease

Bonds may be purchased with state funds

County tax levy for payment of bonds

“Mineral County Light and Power Bond Redemption Fund”

Tax shall cease

Record of bonds to be kept

Treasurer must cancel bonds

Treasurer liable

Control vested in county commissioners

Superintendent or manager

Public service engineer to advise

Moneys for service to go into fund

in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners, be transferred to the general fund.

      Sec. 13.  It shall be the duty of the county treasurer to make and keep a record of said bonds in a book to be provided for that purpose, which shall show the date of issuance and sale, denomination, rate of interest, to whom sold (with address), date when redeemed, and to whom paid, which record shall also provide a place for pasting in the canceled bonds and coupons when redeemed, and the same shall be a record of said office and at all times open for public inspection.

      Sec. 14.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same, and all interest coupons, by writing across the face thereof, “Paid,” together with the date of payment, sign his name thereto, and paste such canceled bonds and coupons in the bond register for that purpose provided.

      Sec. 15.  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. 16.  The maintenance and operation of said Mineral County power line shall be under the control, supervision and authority of the board of county commissioners, and the rates charged to consumers for sale and distribution of electrical energy and current, and the terms and conditions thereof, shall be fixed by said board of commissioners, subject to the supervision of the public service commission of Nevada.

      Sec. 17.  The board of county commissioners may employ a competent superintendent or manager to construct, operate and maintain said line, and such other employees as they may from time to time deem necessary, and fix the compensation of each.

      Sec. 18.  The board of county commissioners shall be entitled to have the advice of the expert engineer of the public service commission of Nevada, or his successor or successors, who shall promptly make a detailed estimate of the reasonable cost of said proposed system.

      Sec. 19.  All moneys received for service or the sale of electrical energy and current distributed by said system, and other revenues accruing therefrom or in connection therewith, shall be paid by the officer or person collecting the same to the county treasurer of the county of Mineral, and shall be by him placed in the “Mineral County Light and Power Fund,” which is hereby created, and the board of commissioners may, from time to time, set aside such portion thereof as may be necessary or advisable to provide for the maintenance and operation of the Mineral County power line.

line. The surplus receipts, after providing for the expense of operation and maintenance, may be apportioned and used for the payment of interest and for redemption of the bonds hereinbefore provided for, and after the redemption of all bonds and the payment of all interest thereon, any remaining surplus may be transferred to the county general fund. Any deficiency which may be incurred in the “Mineral County Light and Power Fund” by reason of insufficient revenues, or otherwise, shall be a charge upon and be paid from the county general fund.

      Sec. 20.  The board of county commissioners of said county is hereby authorized to perform such acts and make such rules and regulations as it may deem necessary or proper to carry this act into full force and effect.

      Sec. 21.  The plant or plants and the works herein provided for shall be deemed public uses, authorized by the legislature, such as are assisted by the principle of eminent domain.

      Sec. 22.  The provisions of existing laws respecting the manner of acquisition of public utilities, the duties of county commissioners to act upon proper applications and petitions, the collect and enforcement of rates for service, and all other provisions not superseded by this act shall apply to the acquisition, management, financing, and control of said system.

      Sec. 23.  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.

Surplus, how used

Deficiency, how met

County commissioners, powers of

Plant deemed public use

Existing laws govern

Faith of Nevada pledged

[Assembly Bill No. 40–Mr. Gummow]

Chap. 46–An Act to amend an act entitled “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907.

[Approved March 4, 1921]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act is hereby amended by the addition of a new section thereto, to be known as section 28 1/2, reading as follows:

      Section 28 1/2.  The city council shall also have the power to regulate or prohibit the use, erection or maintenance of any open closet, privy or cesspool within a distance of two hundred feet from a public sewer, and the further power to compel the connection with a public sewer of all water closets,

City incorporation act amended

Council to regulate sewerage, etc.

compel the connection with a public sewer of all water closets, bathtubs, sinks, basins and other fixtures or receptacles used or intended to receive waste liquids or solids in solution, if situated within a distance of two hundred feet therefrom; provided, that said public sewer is laid to the end or side of land or lot on which any open closet, privy or cesspool is located.

Open season for deer

No open season for hornless deer

Hunter can kill but one deer

Closed season may be lengthened by county commissioners

[Assembly Bill No. 47–Mr. Meder]

Chap. 47–An Act to amend certain sections of an act entitled “An act for the protection and preservation of fish and game, providing penalties for the violation thereof, and repealing all acts and parts of acts in conflict herewith,” approved March 27, 1917.

[Approved March 4, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 42 of the above-entitled act is hereby amended to read as follows:

      Section 42.  It shall be unlawful to kill, catch, trap, wound, or pursue with the intent to catch, capture, injure or destroy any deer at any time during the year other than during such thirty-day period, to be known as the open season, between September 15 and December 15 of each year, as may hereafter be designated for the respective counties by the boards of county commissioners thereof under the provisions of section 50 of this act; provided, that there shall never be any open season on deer without horns, and that during such open season of each year it shall be unlawful to kill, catch, trap, wound, or pursue with the intent to catch, trap, injury or destroy, more than one deer with horns; and provided further, that in all counties in which no designation to the contrary shall have been made by the county commissioners prior to the first day of August of any year, the open season for deer with horns shall be from October 14 to November 12, both dates inclusive.

      Sec. 2.  Section 50 of the above-entitled act is hereby amended to read as follows:

      Section 50.  Should it be deemed advisable by the board of county commissioners for any county in this state to lengthen the time of the closed season, or fix the dates of the open season within limits hereinbefore prescribed, for any species of game mentioned in this act, the said board of county commissioners, acting for its respective county, may, upon petition of not less than fifty resident electors of said county, lengthen the time of said closed season or fix the dates of the open season by special ordinance spread upon its minutes and published at least two times in some newspaper of general circulation in said county at least thirty days previous to the opening of said season; provided, however, that in no event shall the county commissioners or any organization within this state extend the open season or shorten the closed season for any species of game whatsoever.

may, upon petition of not less than fifty resident electors of said county, lengthen the time of said closed season or fix the dates of the open season by special ordinance spread upon its minutes and published at least two times in some newspaper of general circulation in said county at least thirty days previous to the opening of said season; provided, however, that in no event shall the county commissioners or any organization within this state extend the open season or shorten the closed season for any species of game whatsoever. Nothing in this act shall be so construed as to prohibit any person (upon written permit of the governor of the state) from taking or killing any species of animals, or collecting the nest and eggs thereof, for strictly scientific purposes; nor be so construed as to prohibit any person at any time from trapping any bird or fowl in any county in this state, upon a written permit of the chairman of the board of county commissioners of the county within which said bird or fowl is to be trapped, for the purpose of shipping such bird or fowl into another county in this state to propagate same, the number of birds so shipped to be limited by said chairman.

      Sec. 3.  Section 51 of the above-entitled act is hereby amended to read as follows:

      Section 51.  It shall be unlawful for any person or persons, firm, company, corporation, or association, to catch, kill, destroy, trap, net, weir, or cage any beaver or otter in this state on or before the first day of January, 1930; provided, that when beaver are doing actual damage to farms or other property in any county, the board of county commissioners of said county may, upon the filing of a verified application, authorize the trapping of such beavers; but the furs of such animals shall be taken in as good condition as possible and must be delivered forthwith to the clerk of said board, to be sold by said clerk, and the proceeds of said sale must be deposited in the fish and game fund of said county. And the county commissioners shall, and are hereby authorized to recompense, out of such fish and game fund, for the trapping of said beaver, not more than fifty per cent of the proceeds from the sale of said beaver furs. It shall be unlawful for any person to have in his possession any hide or fur from said animals, unless the same has been lawfully taken and is lawfully in the possession of the holder thereof.

Open season never extended

Exception for scientific purposes

Beaver and otter protected until 1930

Exception

Regulations as to exception

Amending civil practice act

Complaint and summons

Unlimited alias summonses

[Assembly Bill No. 72–Mr. Mathews]

Chap. 48–An Act to amend section seventy-five of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, said section being section 5017 of the Revised Laws of Nevada of 1912.

[Approved March 4, 1921]

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

Assembly, do enact as follows:

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

      Section 75.  The clerk must endorse on the complaint the day, month, and year the same is filed, and at any time within one year after the filing of the same the plaintiff may cause to be issued a summons thereon. The summons shall be issued and signed by the attorney of the plaintiff, or by the clerk, and when issued by the clerk shall be issued under the seal of the court. At the time of issuing the original summons or at any time thereafter the clerk, upon the demand of the plaintiff, shall issue as many alias summonses, in the same form as the original, as may be required by the plaintiff.

Foreign corporations, if maintaining resident agent, entitled to benefit of statute of limitations

Right suspended, when

[Assembly Bill No. 79–Mr. Heward]

Chap. 49–An Act to amend section 1 of an act entitled “An act to give foreign corporations the benefits of the statute of limitations of this state on certain conditions,” approved March 29, 1907, being section 1355, Revised Laws of Nevada, 1912.

[Approved March 4, 1921]

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.  Every foreign corporation doing business in the State of Nevada is, and shall be, entitled to the benefit of the laws of this state limiting the time for the commencement of civil actions; provided, such corporation shall maintain and keep in the state a resident agent upon whom process may be served, and also shall file a certified copy of its articles of incorporation, and any amendment or amendments thereto, as required by the laws of this state; and provided further, that the benefit of this act shall be suspended during any period or periods when said corporation is in default in complying with the said requirements; nor can any such corporation maintain any action or proceeding in any court of this state while so in default.

[Assembly Bill No. 86–Mr. Henderson]

Chap. 50–An Act to amend section 872 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, being section 5814, Revised Laws of Nevada.

[Approved March 4, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 872 of the above-entitled act is hereby amended so as to read as follows:

      Section 872.  The prevailing party in any civil action at law in the justice courts of this state shall receive, in addition to the costs of court as now allowed by law, a reasonable attorney fee, said fee to be fixed by the justice of the peace, and taxed as costs against the losing party, and on appeal the district court is hereby authorized to allow said costs, if judgment is given for the same party; if the appealing party shall prevail on such appeal, the district court is hereby authorized to allow him, as costs, the amount allowed by the justice of the peace as a reasonable attorney fee to the prevailing party in such justice court.

Amending civil practice act

Winning party to receive attorney fee

[Assembly Bill No. 88–Messrs. Gummow, Heward, and Royle]

Chap. 51–An Act declaring Winnemucca lake navigable and the title to the bed thereof in the State of Nevada.

[Approved March 4, 1921]

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

Assembly, do enact as follows:

      Section 1.  That Winnemucca lake, located in townships 24, 25, 26, 27, and 28 north, ranges 23 and 24 east, Mount Diablo meridian, Nevada, is a navigable body of water and that title to the bed thereof is held by the State of Nevada.

Title to bed of Winnemucca lake vests in Nevada

[Senate Bill No. 64–Senator Scott]

Chap. 52–An Act authorizing the acquisition of a water system for the town of Panaca, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto.

[Approved March 4, 1921]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of the county of Lincoln is authorized and directed to prepare, issue, and sell negotiable coupon bonds of the town of Panaca in said county for an amount not exceeding $15,000, exclusive of interest, for the purpose of providing funds for the acquisition of a water system for the town of Panaca.

Bonds of Lincoln County for acquisition of water system for Panaca

Denomination of bonds

Interest 6%

County to have advice of engineer of public service commission

When bonds shall be issued

Sale of bonds

sell negotiable coupon bonds of the town of Panaca in said county for an amount not exceeding $15,000, exclusive of interest, for the purpose of providing funds for the acquisition of a water system for the town of Panaca. Said bonds shall be named “Town of Panaca Water System Bonds.”

      Sec. 2.  Said bonds shall be prepared in denominations of $250 and shall be numbered consecutively. They shall be made payable in gold coin of the United States and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, acting as a town board, and countersigned by the clerk of said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like gold coin at a rate not exceeding 6 per centum per annum, payable annually, on the first Monday in July. They shall be redeemed and retired consecutively in the order of their issuance annually thereafter, according to the time specified therein from the date of their issue, respectively, and in no case shall any bond run for a longer period than twenty years.

      Sec. 3.  The board of county commissioners of the county of Lincoln shall be entitled to have the advice of the expert engineer of the public service commission of Nevada, or his successor, who shall make a detailed estimate of the reasonable cost of each of said proposed systems. After receiving such advice and estimate the board shall be guided by the provisions of an act entitled “An act to enable the unincorporated cities and towns of the State of Nevada to acquire by construction, purchase, or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collection of rates for the service thereof, and other matters relating thereto,” approved March 23, 1911, as it stands amended, except as otherwise provided in this act.

      Sec. 4.  If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners, acting as a town board, shall proceed at once to execute and issue them as rapidly as needed.

      Sec. 5.  The board of county commissioners, acting as aforesaid, is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, to the highest and best bidder, giving preference to the State of Nevada, or by private sales, as they may deem best, and may reject any or all bids; provided, that no bond shall be sold for less than par value.

      Sec. 6.  The said board of county commissioners, acting as aforesaid, shall pay the proceeds from the sale of said bonds to the county treasurer, who shall keep a detailed record of the same, and assign the same to a fund to be known as the “Town of Panaca Water System Fund,” and who shall pay out the same for the acquisition, installment, management, and control of any system acquired under the provisions of this act, in all respects as required for such payments by the board of county commissioners acting as a town board. All moneys acquired for service or the sale of service from said systems, and other revenues, shall be paid by the officer collecting the same to the county treasurer, who shall assign the same to the “Town of Panaca Water System Fund,” created as aforesaid, for use as such fund may be required to be used, and at the first meeting of the board of county commissioners in January of each year, any surplus remaining shall be assigned by the treasurer on order of said board to the town of Panaca water system bond interest and redemption fund.

      Sec. 7.  To provide for the payment of the said bonds and the interest thereon the board of county commissioners shall levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said town of Panaca, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, three of said bonds annually, beginning with the first Monday in July, 1922, 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 “Town of Panaca Water System Bond Interest and Redemption Fund.” Said bonds and interest shall be paid from this fund. Said bonds and the interest thereon shall be a lien on all property subject to taxation within said town of Panaca.

      Sec. 8.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond interest and redemption fund shall, by order of the board of county commissioners of the said county, be transferred to the town of Panaca water system fund. If at any time there are sufficient funds in the said bond interest and redemption fund to care for the obligations of the current year in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower.

      Sec. 9.  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.

“Town of Panaca Water System Fund”

Special tax to pay bonds and interest

“Town of Panaca Water System Bond Interest and Redemption Fund”

Tax ceases, when

Treasurer to cancel redeemed bonds

Interest ceases, when

Faith of Nevada pledged

Existing law governs

Time limit

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. 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.

      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.

      Sec. 10.  The provisions of the existing law respecting the manner of acquisition of utilities, advertising notice of intention to issue bonds, bond elections, the duty of commissioners to act on a proper petition, the collection and enforcement of collection of rates for service, and all other provisions not expressly superseded by this act shall apply to the acquisition, management, and financing of the systems mentioned in this act. The commissioners shall act as soon as they conveniently may, and the bonds shall be prepared not later than June 1, 1921. The system herein provided for shall be deemed a public use authorized by the legislature such as is assisted by the principle of eminent domain.

Fees of clerk of Pershing County

[Senate Bill No. 50–Senator Uniacke]

Chap. 53–An Act to regulate the fees of the county clerk of Pershing County, State of Nevada.

[Approved March 5, 1921]

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

Assembly, do enact as follows:

      Section 1.  The county clerk of Pershing County, State of Nevada, shall be allowed to charge, and to collect, the following fees; provided, that said clerk shall neither charge, nor collect, any fees for services by him rendered to the State of Nevada or to the county of Pershing.

      On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding, seven dollars, said fee to be paid in addition to the court fee of three dollars now provided by law.

      On an appeal to the district court, to be paid by the party taking such appeal, seven dollars; said fee to be paid in addition to the court fee of one dollar now provided by law.

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars; for every additional defendant, or intervener appearing separately, two dollars and fifty cents.

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

      On the filing of a petition for letters testamentary, or of administration, or guardianship, eight dollars and fifty cents, to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of fifty cents for each one thousand dollars, or major fraction thereof, of the appraised value; said fees to be paid in addition to the court fee of one dollar and fifty cents now provided by law.

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

      On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk, in full for all services to be rendered in connection with said motion, two dollars and fifty cents.

      For all services performed in an adoption case, five dollars.

      For all services performed in an action or proceeding which has been transferred from the district court of another county, ten dollars; this fee shall be in full for all services rendered in such suit so transferred, to and including the making of the judgment roll.

      For filing remittitur from supreme court, fifty cents.

      For services performed and all papers filed in proceedings to perpetuate testimony, five dollars.

      For filing objection or cross-petitions to the appointment of an executor, administrator, or guardian, or objection to the settlement of account or any other proceedings in an estate or guardianship matter, two dollars and fifty cents, to be paid by the moving or objecting party.

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

      For filing a notice of appeal, and appeal bonds, each, one dollar.

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

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

      For any copy of any record, proceeding, or paper on file in the office of the clerk relating to any civil action theretofore tried or pending in said court, when such copy is made by him, per folio, twenty cents.

Fees of clerk of Pershing County

Fees of clerk of Pershing County

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

      No fee shall be allowed to, or charged by, the clerk for any services rendered in any criminal case.

      For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:

      For issuing marriage licenses, one-half to be paid to the county recorder, two dollars.

      For filing and indexing articles of incorporation, two dollars and fifty cents.

      For filing, indexing, and registering certificates of copartnership, two dollars and fifty cents.

      For filing and indexing all papers kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each, one dollar.

      For issuing any licenses required by law, other than marriage licenses, one dollar.

Commissioners must meet monthly

Temporarily fill vacancies in county, township and precinct offices

[Senate Bill No. 51–Senator FitzGerald]

Chap. 54–An Act to amend section 3 of an act entitled “An act to create a board of county commissioners in the several counties of this state and to define their duties and powers,” approved March 8, 1865, being section 1503, Revised Laws of Nevada, as amended by act approved March 5, 1915.

[Approved March 5, 1921]

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

Assembly, do enact as follows:

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

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

unanimous consent of the said board, or, if for any cause such consent be not obtainable, it shall thereupon become the duty of the chairman, or any other member of the board having knowledge of such necessity, to forthwith call such special meeting and to notify the other members thereof, and such meeting shall be held as soon as practicable, but not less than three days, except by unanimous consent, after actual notice to all members of said board, whereupon a majority thereof shall proceed to act upon such appointment as provided by law. The board shall also meet not later than the tenth day after each general election to canvass election returns.

Canvass of election returns

[Assembly Bill No. 29–Messrs. Royle, Gummow, and Heward]

Chap. 55–An Act to amend section 1 of an act entitled “An act to provide for the erection of the Nevada heroes memorial building in Carson City, Nevada, defining the duties of the board of capitol commissioners in respect thereto, providing for the issuance of bonds therefor and the manner of their sale and redemption, and other matters relating thereto,” approved March 29, 1919.

[Approved March 7, 1921]

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

Assembly, do enact as follows:

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

      Section 1.  Provision is hereby made for the erection of the Nevada heroes memorial building on the main street of Carson City, adjacent to the capitol, on a site to be deeded to the State of Nevada in fee simple by the board of county commissioners of Ormsby County, Nevada. Said building shall be designed to be a fitting memorial to Nevada soldiers who gave their lives in the service of the United States in the European war. The board of capitol commissioners is charged with the duty of carrying out the provisions of this act, and in the erection of said building the needs and requirements of the Nevada industrial commission, the department of highways, the state engineer’s office, and of various other offices shall be kept in mind and provided for; provided, however, that until an addition to said building capable of providing at least equivalent space and facilities shall be built, one room measuring approximately 33 feet by 40 feet, located at the south end of the building and on the second floor thereof, together with one office room measuring approximately 16 feet 6 inches by 24 feet, on the second floor of said building and adjoining said first-mentioned room, shall be set aside by the said board of capitol commissioners for the exclusive use of ex-service men.

Certain space in Nevada heroes memorial building reserved for ex-service men

Duty of capitol commissioners

In 1922, county officers elected for four years

[Senate Bill No. 52–Senator FitzGerald]

Chap. 56–An Act to amend section 17 of an act entitled “An act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office and the mode of supplying the same, misconduct in office, and to enforce official duty,” approved March 9, 1866, being section 2781, Revised Laws of Nevada.

[Approved March 7, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 17 of the above-entitled act is hereby amended so as to read as follows:

      Section 17.  County clerks, sheriffs, county assessors, county treasurers, district attorneys, county surveyors, county recorders, and public administrators, shall be chosen by the electors of their respective counties at the general election in the year nineteen hundred and twenty-two, and at the general election every four years thereafter, and shall enter upon the duties of their respective offices on the first Monday of January subsequent to their election.

Appointment of district court phonographic reporters

[Senate Bill No. 47–Senator Scott]

Chap. 57–An Act to amend an act entitled “An act to provide for the appointment of official reporters for the district courts, their duties, qualifications and compensation, and to repeal all former acts in relation thereto,” approved March 12, 1907, being paragraphs 4908, et seq., of Revised Laws of Nevada, 1912.

[Approved March 8, 1921]

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

Assembly, do enact as follows:

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

      Section 1.  The judge or judges of any district court in the state may appoint, subject to the provisions of this and other acts as to the qualifications and examinations of such appointee, one phonographic reporter, to be known as official reporter of such court or department, and to hold office during the pleasure of the judge appointing him; provided, however, that any person who has heretofore been, or who may hereafter be, examined, qualified and appointed a reporter in any district court of this state under the provisions of this act, shall, within a period of three years subsequent to last employment as such official reporter, be eligible to reappointment as reporter of said court or to appointment in any other district court of this state without further examination upon presentation and filing of the certificate of the clerk or judge of the court where such appointment was made, stating the facts as to such examination and appointment.