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

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

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

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

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

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

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

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

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

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

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

      For filing, indexing, and recording original or amended articles of incorporation, ten dollars.

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

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

      For administering each oath, without certificate, except in pending actions or proceedings, twenty-five cents.

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

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

      For searching records or files in his office, for each year, fifty cents; provided, that no charge is to be made to suitors or attorneys.

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

      Sec. 3.  The said clerk shall neither charge nor collect any fees for services by him rendered to the State of Nevada, nor to the county of Lincoln, nor in any criminal case, nor in any habeas corpus proceeding.

Fees of clerk of Lincoln County

No charge to State of Nevada or Lincoln County

Fees to go to county; exception

Repeal

in any habeas corpus proceeding. In all proceedings begun, or for acts performed previous to this act becoming a law, such fees and charges shall be collected as were provided by law at the time such action or proceeding was begun, or service rendered.

      Sec. 4.  All fees collected by the county clerk under the provisions of this act shall be by him turned into the general funds of said Lincoln County each month, excepting the court fee, concerning which other provision is made by law; provided, that he may retain for his personal use such fees and compensation, authorized by acts of Congress, as are allowed for services performed by him in connection with the entry and final proofs on government lands, and in connection with naturalization papers.

      Sec. 5.  All acts and parts of acts in conflict with this act are hereby repealed.

Irrigation districts

Assessment on lands to pay interest on outstanding bonds

[Senate Bill No. 125–Senator Penrose]

Chap. 126–An Act to amend section twenty-seven of an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection, and carriage of water, cooperation with the United States, and matters properly connected therewith,” approved March 19, 1919.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section twenty-seven of said act is hereby amended so as to read as follows:

      Section 27.  At its regular meeting in October the board of directors shall levy an assessment upon the lands in said district in accordance with the provisions of this act, which assessment shall be sufficient to raise the annual interest on the outstanding bonds. At the expiration of ten years after a bond issue, or such other period as may be authorized, the board must increase said assessment as may be necessary from year to year to raise a sum sufficient to pay the principal of the outstanding bonds of that issue as they mature. The secretary of the board shall compute and enter in a separate column of the assessment book or books the respective sums to be paid as an assessment on the property therein enumerated. Except as otherwise provided herein, assessments made for any of the other purposes of this act shall be made and levied as above provided and entered in appropriate columns of the assessment book or books.

      In case of failure or refusal of the board of directors to levy an assessment as in this section provided, then, in the event such assessment has not otherwise been levied, it shall be the duty of the board of county commissioners of the county in which the office of the district is located to levy such assessment at its next regular meeting, or at a special meeting called for such purpose. The state board of irrigation district bond commissioners, at any time upon obtaining knowledge of such failure or refusal, shall have power, and it shall be their duty, to forthwith levy such assessment. It shall be the duty of the district attorney of the county in which the office of any irrigation district is located, at the time such assessment should be made, to ascertain the fact in respect to the same, and if such assessment has not been made by the board of directors as required, to immediately notify the said board of county commissioners, the state board of irrigation district bond commissioners, and the attorney-general in respect to such failure. It shall be the duty of the district attorney and the attorney-general to aid in obtaining the earliest possible assessment following such failure or refusal of the district board to act. Where the last preceding assessment made will raise a sufficient revenue for the purposes of this section, in the event no other assessment is made, such assessment shall be deemed to have been levied for succeeding years, so long as it will produce the revenue required, and the taxes shall be collected in the same manner, and all officers shall perform the same duties in respect thereto, as though such assessment had been made for the particular year by the board of directors of the district. Where the assessment which should have been levied can be determined by a mere mathematical computation based on the relation between the amount to be raised for interest or interest and the redemption of bonds for any particular year and the apportionment of benefits in the district, such assessment shall be deemed to have been made, and the taxes based thereon shall be collected the same as though such assessment had been regularly levied by the board of directors of the district.

When county commissioners levy assessment

When state board acts

Duty of district attorney and attorney-general

[Assembly Bill No. 144–Washoe County Delegation]

Chap. 127–An Act providing an appropriation for the payment of street work on that portion of North Virginia and Ninth streets, in the city of Reno, Washoe County, Nevada, fronting on the property and grounds of the Nevada state university.

[Approved March 21, 1921]

      Whereas, The city of Reno, a municipal corporation located in Washoe County, Nevada, has provided for the pavement of certain streets in the city of Reno, including North Virginia street and Ninth street in said city, and has provided for the payment thereof by special assessment against the properties fronting on said streets; and

Preamble

To reimburse Reno for street improvements fronting university

$7,238.37 appropriated

pavement of certain streets in the city of Reno, including North Virginia street and Ninth street in said city, and has provided for the payment thereof by special assessment against the properties fronting on said streets; and

      Whereas, The grounds of the Nevada state university front on 712 1/2 feet of said North Virginia street, and 300 feet on ninth street in said city; and

      Whereas, Under said improvements 24,225 square feet of pavement will be chargeable against the Nevada state university, and the cost thereof will amount to six thousand nine hundred and seventy-two and 75/100 ($6,972.75) dollars; and

      Whereas, 312 1/2 feet of curbing and gutter will be chargeable against the said Nevada state university, amounting to two hundred and sixty-five and 62/100 ($265.62) dollars; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of seven thousand two hundred thirty-eight and 37/100 ($7,238.37) dollars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to pay the said city of Reno for the expense of improving North Virginia and Ninth streets, fronting on the property of the Nevada state university, for the paving of 24,225 square feet of pavement, and 312 1/2 feet of curb and gutter, and the state controller is hereby directed and required to draw his warrant for the sum of seven thousand two hundred thirty-eight and 37/100 ($7,238.37) dollars, in favor of said city of Reno, and the state treasurer is hereby authorized and required to pay the same.

Amending act relating to state library

Scale of fees for commission of state officers

[Assembly Bill No. 163–Committee on Ways and Means]

Chap. 128–An Act regulating the state library and amending certain acts in relation thereto.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  An act in relation to the state library (Statutes of Nevada, 1865, 153), as the same has been amended, is hereby amended as follows: Section 7 of said act is hereby amended so as to read as follows:

      Section 7.  Each and every officer of this state, civil and military, except commissioners of deeds and notaries public, shall, at the time of the issuance of his commission, and before entering upon the duties of his office, pay to the secretary of state a fee on the basis of $5, where the salary is $3,600 per year or less,

$3,600 per year or less, and $2 on each additional $1,000 or major fraction thereof per year, which, with all fees of whatever character, by the laws now in force, or which may hereafter be provided to be charged and collected in the office of the secretary of state, shall constitute a portion of the library fund; and the secretary of state shall exhibit an account of, under oath, and pay to the state treasurer, at the end of each quarter, dating from the first day of January, all moneys collected under this act, and the same, together with such revenues as are hereinafter provided, shall be reserved, set apart, and appropriated, as a state library fund. The support of the state library fund shall be by moneys appropriated out of the general fund by the legislature. On the 31st day of December, 1921, and annually thereafter the amounts paid out of the general fund for the support of the state library during that year shall be reimbursed to the general fund out of the state library fund by the state treasurer, and the amount remaining in the library fund shall be apportioned equally between the general fund and the state distributive school fund.

      Sec. 2.  Section 6 of “An act to provide for extending the use of the state library” (Statutes of Nevada, 1917, 347) is hereby repealed.

Said fees go to state library fund

General fund reimbursed

Repeal of certain act

[Assembly Bill No. 170–Mr. Heward]

Chap. 129–An Act to amend an act entitled “An act to prohibit the employment of any person except a native-born or naturalized citizen of the United States by any officer of the State of Nevada, or any political subdivision of the state, or by any person acting under or for such officer, or by any contractor with the State of Nevada, or with any political subdivision of the state, in the construction of public works, or in any office or department of the state or in any office or department of any political subdivision of the state; providing penalties for violations of this act, and other matters relating thereto,” approved March 28, 1919.

[Approved March 21, 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.  Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States shall be employed by any officer of the State of Nevada, or by any contractor with the State of Nevada, or any political subdivision of the state, or by any person acting under or for such officer or contractor,

State officers and contractors no to employ aliens

Preference given to ex-service men

Exception as to university instructors

Contracts to contain proviso in accord with this act

Contract void, when

Misdemeanor and penalty

Proviso

contractor, in the construction of public works or in any office or department of the State of Nevada, or political subdivision of the state, and in all cases where persons are so employed, preference shall be given to honorably discharged soldiers, sailors, and marines of the United States and to citizens of the State of Nevada; provided, nothing in this act shall be construed to prevent the working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work; nor to prevent the working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; nor to prevent the exchange of instructors between the University of Nevada and similar institutions of the North and South American countries; and provided further, that any alien so employed shall be replaced by any citizen, ward, or ex-service man of the United States applying for employment.

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

      Section 2.  In each contract for the construction of public works a proviso shall be inserted to the effect that if the provisions of section 1 of this act are not complied with by the contractor, the contract shall be void, and any failure or refusal to comply with any of the provisions of this act shall render any such contract void. All boards, commissions, officers, agents, and employees having the power to enter into contracts for the expenditure of public money on public works shall file in the office of the commissioner of labor the names and addresses of all contractors holding contracts with the State of Nevada, or with any political subdivision of the state. Upon the letting of new contracts the names and addresses of such new contractors shall likewise be filed. Upon the demand of the commissioner of labor a contractor shall furnish a list of the names and addresses of all subcontractors in his employ.

      Sec. 3.  Section 4 of the above-entitled act is hereby amended so as to read as follows:

      Section 4.  Any officer of the State of Nevada, or of any political subdivision of the state, or any person acting under or for such officer, or any contractor with the State of Nevada, or with any political subdivision of the state or any other person who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof be fined in a sum of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or be imprisoned not exceeding six months, or by both such fine and imprisonment; provided, however, the penalties provided for in this act shall not apply where violations thereof are due to misrepresentations made by the employee or employees, by the production of fraudulent papers evidencing citizenship in the United States.

are due to misrepresentations made by the employee or employees, by the production of fraudulent papers evidencing citizenship in the United States.

[Assembly Bill No. 178–Mr. Brown]

Chap. 130–An Act creating a commission to be known as the Owyhee river development commission of Nevada, defining its powers and duties, and making an appropriation for the expenses thereof.

[Approved March 21, 1921]

      Whereas, It is the ambition and moral duty of the people of the United States to provide farms for as many as possible of our honorably discharged soldiers in the recent world’s war, and there are now approximately 650,000 acres of unreclaimed but fertile land in Humboldt and Pershing Counties, extending for a distance of about 125 miles from the northern part of Paradise valley in a southwesterly direction along the Little Humboldt river and the Humboldt river to the south boundary line of Pershing County, also along several adjacent and tributary valleys, which can be reclaimed with water; and

      Whereas, It is believed that there is a large amount of unappropriated water in the Owyhee river which can be diverted in the northwestern part of Elko County and applied to the reclamation of said lands, and the president of the Winnemucca chamber of commerce, acting as trustee, has applied to appropriate said waters and conduct the same to the said lands with the purpose of imploring the federal government, on behalf of such soldiers, to construct such irrigation project; and

      Whereas, In order to properly demonstrate to the federal government the practicability and feasibility of constructing such project and reclaiming such lands it will be necessary to make preliminary surveys and compute the approximate cost of construction and collect other data concerning such project; now, therefore, it is hereby enacted as follows:

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

Assembly, do enact as follows:

      Section 1.  A commission is hereby created, to be known as the Owyhee river development commission of Nevada, to consist of the state engineer of the State of Nevada and two other citizens of the State of Nevada, to be appointed by the governor. Two of said commissioners shall constitute a quorum for the transaction of business. Within thirty days after the passage and approval of this act the governor shall appoint said commissioners and they shall hold office until the governor shall conclude they have completed their duties, but not longer than two years from the passage of this act.

Preamble

Owyhee river development commission; personnel

Salaries of members

State engineer, chairman of commission, to call meeting

Secretary

Duties of commission; report, etc.

but not longer than two years from the passage of this act. The governor may at any time remove any commissioner for incompetency, neglect of duty, or malfeasance in office. Any vacancy may be filled by the governor.

      Sec. 2.  The members of said commission shall receive as compensation ten ($10) dollars for each day actually employed on the work of said commission and their actual and necessary expenses incurred in the performance of their duties. The commissioners shall employ such help as they deem necessary to complete the preliminary work, plans, and estimates as expeditiously as possible to present the same to Congress and the federal government as speedily as possible, and the compensation and expense of such help shall be paid out of the fund hereinafter created.

      Sec. 3.  Within a reasonable time after the appointment of the members of said commission they shall meet upon the call of the state engineer of the State of Nevada, who shall be chairman of said commission, and thereafter they shall meet at the call of the chairman. The commission shall elect one of their members secretary. The commission shall audit all bills for expenses and per diem of its members and for wages and expenses of its employees, and when the same shall have been certified to by the chairman and secretary, the secretary shall file the same with the state board of examiners for approval, and the same shall be paid out of any moneys appropriated for that purpose.

      Sec. 4.  Immediately after the first meeting the commissioners shall proceed to ascertain the flow of water in said Owyhee river and its tributaries; the amount of water already appropriated, and the amount unappropriated which can be conducted onto the said lands; the sites, size, and character of dams necessary; the dimensions and courses of canals and ditches necessary to conduct water onto the said lands; the sites and character of natural and other storage reservoirs necessary for storage of such waters; a description of the land that can be covered economically by such water; a description of the unappropriated land and the land held in private ownership within said proposed system. They shall also negotiate with the Central Pacific railway company and other individual owners, owning wild and unirrigated land within said project, for options, and they shall try to obtain the same for the least possible figure, for purchase either by the federal government or by a duly organized irrigation district, or by the soldiers settling on such lands under the proposed project, with terms of payment as lenient for the settler as possible. They shall endeavor to have the unappropriated lands within such project withdrawn from entry so as to preserve the same for the soldiers settling on such lands under said proposed project. They shall also do and perform each and every other act and thing necessary or conducive to presenting said project to Congress and the federal government as a practicable and feasible irrigation project, with the sole object of preserving, holding, and obtaining the same for the benefit of honorably discharged soldiers.

senting said project to Congress and the federal government as a practicable and feasible irrigation project, with the sole object of preserving, holding, and obtaining the same for the benefit of honorably discharged soldiers. They shall make a detailed estimate of the entire cost of the project and a full report including maps and plats of the entire project.

      Sec. 5.  When said report is completed, said commissioners shall file one copy of the same in the office of the state engineer of the State of Nevada, and they shall present other like copies to the senators and congressman from the State of Nevada and give them aid in properly presenting the proposed project to Congress and the federal government, with the object of enabling the federal government to act advisedly and expeditiously in constructing the said project.

      Sec. 6.  For the purpose of carrying out the provisions of this act, the sum of two thousand five hundred ($2,500) dollars is hereby appropriated out of any moneys in the treasury not otherwise appropriated.

Report of commission; to state engineer and U. S. Senators and congressman

[Assembly Bill No. 193–Mr. Addenbrooke]

Chap. 131–An Act providing for the creation of city (or town) planning commissions for incorporated cities and towns; prescribing their powers and duties, and other matters relating thereto.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  The city (or town) council or governing body under any other name of any incorporated city or town may, by ordinance, create a city (or town) planning commission for such city or town. The word “city,” as hereinafter used in this act, shall be construed as meaning “town” in all cases of incorporated towns.

      Sec. 2.  Such city planning commission shall consist of the mayor, the city attorney, the city engineer, ex officio, and seven other members to be appointed by the mayor, not more than two of whom shall be nonresidents of the city. At the first meeting of such commission, the seven appointed members shall choose their term of office by lot, as follows: One for one year; two for two year; two for three years; and two for four years. Their successors shall hold office for four years. Any vacancies shall be filled by the mayor for the unexpired term.

      Sec. 3.  Members of the city planning commission shall receive no compensation. They shall annually elect a president and vice-president from the appointed members and may elect a secretary who need not be a member of the commission.

City or town planning commissions authorized

Personnel of such commission

Duties and powers; no compensation

Secretary to keep accurate record

Further duties and powers as to civic betterment

Maps, plats, etc., submitted to commission before final action

Duties as to suburban improvements

commission. Such commission may adopt by-laws and rules and regulations for its government and in connection with its duties, not inconsistent with the provisions of this act or of any ordinance creating such commission. The secretary shall keep an accurate record of all proceedings, and the commission shall prepare and file with the city council an annual report at the end of each calendar year. The city council shall assign to such commission an office, or headquarters, in the city hall, if possible, in which to hold its meetings, transact its business, and kept its records. Such commission shall not have power or authority to incur any expense other than such as may be authorized by the city council.

      Sec. 4.  It shall be the duty of the city planning commission, and they shall have power, except as otherwise provided by law, to recommend and advise the city council and all other public authorities concerning the laying out, widening, extending, paving, parking, and locating of streets, sidewalks, and boulevards; the betterment of housing and sanitary conditions, and the establishment of zones or districts within which lots or buildings may be restricted to residential use, or from which the establishment, conduct, or operation of certain business, manufacturing, or other enterprises shall be excluded, and limiting the height, area, and bulk of buildings and structures therein; to recommend to the city council and all other public authorities plans and regulations for the future growth, development, and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds, and vacant lots; to do and perform any and all other acts and things necessary or proper to carry out the provisions of this act, and in general to study and propose such measures as may be for the municipal welfare.

      Sec. 5.  All maps, plats and replats of land laid out in building lots, and the streets, alleys, or other portions of the same intended to be dedicated for public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto and located within the city limits, and all plans or plats for vacating, laying out, widening, extending, paving, parking, and locating streets, or plans for public buildings, shall first be submitted to such commission for report thereon before final action shall be taken by the city council, unless in case of emergency or the report of such commission is unreasonably delayed.

      Sec. 6.  Said commission shall be authorized to represent the city and to appear and be heard by the board of county commissioners in the matter of the approval by such board of any map or plat of land laid out in streets, alleys, and public places when the same is situate within three miles outside the city limits of any incorporated city or town in which there is created a city planning commission, and which shall be exterior to the boundaries of any other incorporated city or town within such three-mile limit, when such map or plat is submitted to such board of county commissioners under the provisions of section three of 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 or plats thereof,” approved March 13, 1905.

be exterior to the boundaries of any other incorporated city or town within such three-mile limit, when such map or plat is submitted to such board of county commissioners under the provisions of section three of 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 or plats thereof,” approved March 13, 1905.

      Sec. 7.  The city planning commission may receive gifts, bequests, or devises of property to carry out any of the purposes of this act and shall have control and distribution over the same.

Commission may receive gifts for public benefit

[Assembly Bill No. 202–Esmeralda County Delegation]

Chap. 132–An Act authorizing the board of county commissioners of Esmeralda County to provide for the maintenance of a water supply for the town of Goldfield.

[Approved March 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 Esmeralda County is hereby authorized and empowered to make such arrangement with the Goldfield Consolidated water company to insure the maintenance of a water supply for the town of Goldfield as in their judgment may be necessary for such maintenance.

      Sec. 2.  Any funds in the general fund of Goldfield township or general fund of the county treasury of Esmeralda County not otherwise appropriated may be used for the purposes of this act, but in no instance shall the amount so used exceed the sum of four hundred ($400) dollars per month.

      Sec. 3.  Nothing in this act shall be so construed as to in any manner amend or repeal an act entitled “An act granting to the Goldfield Consolidated water company, a corporation organized and existing under and by virtue of the laws of the State of Nevada, its successors in interest and assigns, a franchise to supply, for hire, the towns of Goldfield, Columbia, Jumbo, Diamondfield, and all additions thereto, with water for extinguishment of fire and for domestic and other purposes, and defining the boundaries of said towns, and other matters related thereto,” approved March 14, 1907.

      Sec. 4.  This act shall cease to be effective and the authority hereby granted shall cease on the first day of January, 1923, and said board shall not have power by virtue of this act to make any contract or any arrangement which shall bind said county for any period after said first day of January, 1923.

To insure water supply for Goldfield

County funds use; limit

Not to affect previous act

This act ceases on January 1, 1923

County commissioners may purchase or erect telephone lines, upon petition of two-thirds of taxpayers

Bonds to be issued

Sale of bonds; not less than 95c on the $1

“County Telephone Fund”

Denomination of bonds; interest not over 6%

[Senate Substitute for Assembly Bill No. 209–Committee on Mines and Mining]

Chap. 133–An Act to authorize the county commissioners of any of the counties of the State of Nevada to purchase, acquire, construct, and extend telephone lines; and extend and improve telephone lines; to authorize the issuance of bonds by the county to pay for the same, and other matters properly connected therewith.

[Approved March 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 any of the counties of the State of Nevada is hereby authorized and empowered to purchase or construct telephone lines within the limits of the county, if, in the judgment of the board, it would be to the interest of the county to do so; and to issue bonds of the county for the purchase, extension and improvement thereof; provided, a petition signed by two-thirds of the taxpayers of the county, requesting any such action by the board, has been filed with the board; the bonds of the county issued pursuant to this act to extend for a period of not more than twenty years and shall bear interest at not to exceed 6% per annum, and the total of bonds to be for an amount not to exceed 2% of the assessed valuation of all property in said county for the year in which said bonds shall be issued.

      Sec. 2.  The board of county commissioners shall cause said bonds to be prepared, and they shall be signed by the chairman of the board and its clerk and the county treasurer, and authenticated by the official seal of said county. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond, so they may be removed without injury to the bonds, numbered consecutively and signed by the county treasurer or a printed facsimile of his signature.

      Sec. 3.  The board of county commissioners is authorized to negotiate the sale of said bonds from time to time as the board deems necessary to the highest responsible bidders for cash and at a price not less than ninety-five cents on the dollar, or at private sale at not less than their par value; the proceeds of such sales shall be placed in what is known as the “County Telephone Fund,” which shall be used only for the purpose of carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn on the county treasurer of said county in payment of the obligations contracted under the provisions of this act.

      Sec. 4.  The said bonds shall be of the denomination of five hundred dollars each; they shall be numbered consecutively and they shall bear interest at not exceeding six per centum per annum, said interest payable semiannually on the first day of January of each year and the first day of July of each year after the issuance of said bonds until paid in full; and every twelve months after the date of issuance, four or more of said bonds shall be redeemed and paid until all of said bonds so issued shall have been redeemed and paid.

centum per annum, said interest payable semiannually on the first day of January of each year and the first day of July of each year after the issuance of said bonds until paid in full; and every twelve months after the date of issuance, four or more of said bonds shall be redeemed and paid until all of said bonds so issued shall have been redeemed and paid. Said bonds shall be redeemed and paid as aforesaid in the order of their issuance, the lowest numbered bond to be first redeemed and paid, and so on until the whole amount of said bonds so issued shall have been redeemed and paid.

      Sec. 5.  For the purpose of creating a fund for the redemption and payment of the said bonds and the interest thereon, the board of county commissioners of such county shall, annually, at the time of levying taxes for state and county purposes and in the same manner, levy a tax upon all property subject to taxation within the county sufficient in its judgment to provide for the payment of the interest annually due on said bonds and the redemption and payment of the said bonds as hereinbefore provided. Said taxes shall be assessed and collected as are other taxes, and shall be paid into a fund to be known as the “County Telephone Redemption Fund,” and shall be used for no other purpose except as herein provided; said fund shall be held by the county treasurer of said county and paid out by him as herein provided. At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said “County Telephone Bond Redemption Fund,” and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable and shall have been called in for redemption.

      Sec. 6.  When said bonds and coupons shall have been executed as herein provided, their legality shall not be open to contest by said county or by any person or corporation for or on its behalf for any reason whatsoever. Any balance remaining in any fund hereby created and provided for after the accomplishment of the said purposes shall be converted into and become part of the general fund of said county.

      Sec. 7.  Upon a petition signed by twenty-five per cent (25%) of the freeholders of any county in the State of Nevada, said county owning or operating, or which shall hereafter own or operate, a telephone system, requesting the sale or lease of such county-owned telephone system, on being presented to the board, the board shall cause to be placed upon the ballot of the next general election, for the acceptance or rejection by the qualified voters of the county, the proposal contained in said petition; provided, that after said election, it being thereby shown that the majority favor the sale or lease of such telephone system, three disinterested persons shall be appointed by the district judge of the district to make a true and correct appraisement of the gross value of such telephone system.

“County Telephone Bond Redemption Fund”

Legality of bonds not questioned

When county-owned system sold or leased; popular event

Notice of sale or lease published in newspaper

Conditions of sale or lease

County commissioners to conduct telephone system

This act supplementary to certain act

Repeal

value of such telephone system. Upon the return of such appraisement, the board of county commissioners shall advertise the sale or lease, for a term of years agreed upon by said board, of such telephone system by notice published in at least one of the newspapers of said county for a period of thirty (30) days; such notice shall require sealed bids, to be accompanied by a certified check for at least five per cent (5%) of the sum bid, to be deposited with the county clerk of said county on or before the date stated in said notice; if such notice is for the sale of such telephone system, no bids shall be accepted by said board of county commissioners for a sum less than the amount of the appraisement of said telephone system; and if such notice is for the lease of such telephone system, it shall be for a sum to realize not less than seven per cent (7%) per annum, upon the value of such telephone system as so appraised. In case such system is leased, the said board shall safeguard the county ‘s interests by demanding bonds for the faithful performance of all the covenants in the lease contained. The board may reject any and all bids.

      Sec. 8.  The control, management, and conduct of any telephone line or system so purchased, acquired or constructed, by any county, shall be exercised by the board of county commissioners of such county, the said board having the right to employ such persons as may be necessary to carry on the business of the same and as may be required, it being expressly provided than no general or other statute shall limit or restrict the conduct and carrying on of such business by the said board save and except as herein specifically set forth.

      Sec. 9.  This act is supplementary to that certain act of the legislature of the State of Nevada entitled “An act to authorize the county commissioners of any of the counties of the State of Nevada to purchase or construct telephone lines,” approved March 14, 1899.

      Sec. 10.  All acts and parts of acts in conflict herewith are hereby repealed.

Preamble

[Assembly Bill No. 210–Elko County Delegation]

Chap. 134–An Act authorizing and empowering the board of county commissioners of the county of Elko to allow a certain claim of the Thiel detective agency of Denver, Colorado, against the said county of Elko, authorizing the county auditor of said county to audit the said claim and issue a warrant in payment thereof, and authorizing the county treasurer of the said county to pay the said warrant.

[Approved March 21, 1921]

      Whereas, At the instance of Hon. E. P. Carville, who was then district attorney of Elko County, Hon. G. F. Talbot, who was then special prosecutor appointed by the district court to conduct certain cases then pending in said county, and Hon. E. T. Patrick,

to conduct certain cases then pending in said county, and Hon. E. T. Patrick, who was then deputy attorney-general of Nevada, the Thiel detective agency of Denver, Colorado, was employed to locate the one Benesch who was then charged in Elko County with presenting a fictitious charge against said county; and

      Whereas, The said Thiel detective agency did find the said Benesch in the city of Denver, Colorado, and, at the request of the said Carville, Talbot, and Patrick, kept the said Benesch under observation until extradition papers could be procured, and the arrival of the sheriff of Elko County to secure the delivery of the said Benesch to him on said charge; and

      Whereas, In carrying out the instructions of said Carville, Talbot, and Patrick, the said Thiel detective agency rendered services in behalf of the said Elko County in the value of one hundred ninety dollars and sixty cents ($190.60); and

      Whereas, Said Thiel detective agency presented its said claim to the then acting board of county commissioners of the said county and the said claim was rejected by the said board because it had not been authorized by said board; and

      Whereas, Said claim could not be presented to the succeeding board of county commissioners of said county under the law on account of it having been once rejected, and because of the expiration of the time established by law within which claims against counties should be presented; and

      Whereas, In the opinion of this legislature the said claim of the Thiel detective agency against the said county of Elko, in the sum above named, is a just claim against said county and should be paid by said 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 the county of Elko, State of Nevada, is hereby authorized, empowered, and directed to allow and approve the claim of the Thiel detective agency of Denver, Colorado, against the county of Elko for the services rendered on behalf of the said county recited in the preamble hereof in the sum of one hundred and ninety dollars and sixty cents ($190.60).

      Sec. 2.  The county auditor of the said county of Elko is hereby authorized, empowered, and directed to audit the said claim in favor of the said Thiel detective agency and draw his warrant in payment thereof, and the county treasurer of said county is hereby directed to pay the same.

Preamble

Elko County to pay Thiel detective agency $190.60

Duty of county officers

Statement of city finances to be published quarterly in newspaper

When such statement posted

[Assembly Bill No. 211–Mr. Gummow]

Chap. 135–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, by adding thereto an additional section to be known as section 18 1/2 thereof.

[Approved March 21, 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 adding thereto an additional section, to be known as section 18 1/2 thereof, which said section 18 1/2 shall be as follows:

      Section 18 1/2.  It shall be the duty of the city clerk to cause to be published quarterly in some newspaper published in the city a statement of the finances of the city, showing receipts and disbursements, bills allowed and paid. Such statement shall be signed by the mayor and attested by the city clerk. If there should be no newspaper published in such county, such financial statement shall be posted by the city clerk at the door of the city hall.

All insurance fees to go into general fund of state treasury

[Assembly Bill No. 218–Committee on Ways and Means]

Chap. 136–An Act to amend an act entitled “An act relating to the office of ex officio state insurance commissioner, and extending and further defining his powers and duties; requiring further licenses in connection therewith, other matters relating thereto, repealing acts and parts of acts inconsistent herewith, and providing penalties for the violation hereof,” Statutes of Nevada, 1915, 117.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 9 of the act mentioned in the title of this act is hereby amended so as to read as follows:

      Section 9.  The state insurance commissioner is hereby empowered to direct all insurance transactions between the state and the insurance companies, and all the moneys collected for licenses, penalties, or other moneys paid by the insurance companies or solicitors to the state to enable them to transact business in the state shall be paid into the general fund of the state treasury. The support of the ex officio state insurance commissioner’s department shall be from the general fund in the state treasury, subject to appropriation out of said fund by the legislature.

general fund in the state treasury, subject to appropriation out of said fund by the legislature.

[Assembly Bill No. 220–Mr. Brown]

Chap. 137–An Act to amend section 1 of an act to regulate the fees of the county clerk of Humboldt County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith, approved March 23, 1917.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  The county clerk of Humboldt County, State of Nevada, as county clerk and ex officio clerk of the district court of the Sixth judicial court of the State of Nevada, in and for Humboldt County, shall, from and after the passage of this act, charge and collect the following fees in civil, probate, and guardianship proceedings, provided, that said clerk shall neither charge or collect any fees for services by him rendered to the State of Nevada or to the county of Humboldt:

      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 clerk in the case, to and including the making of the judgment roll.

      For all suits certified up from a justice court, involving the question of title or possession of real property, or otherwise, to be paid by the plaintiff, ten dollars, this to include the making of the judgment roll in such action.

      On 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 proceedings there shall be an additional deposit of fifty cents for each additional one thousand dollars of the appraised value in excess of two thousand dollars; said fee to be paid in addition to the court fee of one dollar and fifty cents now provided by law.

Fees of clerk of Humboldt County

Fees of clerk of Humboldt County

No charge in criminal cases

Repeal

in excess of two thousand dollars; said fee 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 or 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 or proceeding, two dollars and fifty cents.

      For any paper in a civil, probate or other matter certified to by the county clerk or clerk of the district court, 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 services performed and all papers filed in proceedings to perpetuate testimony, five dollars.

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

      No fee shall be charged by the clerk for any services rendered in any criminal case. In all proceedings begun or for acts performed, previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun or act performed.

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

[Assembly Bill No. 225–Committee on Labor]

Chap. 138–An Act to amend section four of an act entitled “An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation, and providing a penalty for the violation of its provisions, and other matters relating thereto,” approved March 24, 1915, as amended and approved March 23, 1917, and March 13, 1919.

[Approved March 21, 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.  Said commissioner shall inform himself of all laws of the state for the protection of life and limb in any of the industries of the state, all laws regulating the hours of labor, the employment of minors, the payment of wages, and all other laws enacted for the protection and benefit of employees, and shall have the power and authority, when in his judgment he deems it necessary, to take assignment of wage claims and prosecute actions for collection of wages and other demands of persons who are financially unable to employ a counsel in cases in which, in the judgment of the commissioner, the claims for wages are valid and enforceable in the courts; and it shall be the duty of said labor commissioner to enforce all labor laws of the State of Nevada, the enforcement of which is not specifically and exclusively vested in any other officer, board or commission, and whenever after due inquiry he shall be satisfied that any such law has been violated, or that persons financially unable to employee a counsel have a valid and enforceable claim for wages or other demand, he shall present the facts to the district attorney of the county in which such violation occurred or wage claim accrued, and it shall be the duty of such district attorney to prosecute the same.

Duty of labor commissioner

When to sue for wages due workmen

Must enforce all labor laws

District attorneys to assist

[Assembly Bill No. 238–Mr. Bartlett]

Chap. 139–An Act to repeal an act entitled “An act to regulate the sale of state law books,” approved March 5, 1907, being section 2937, Revised Laws of Nevada.

[Approved March 21, 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 expressly repealed.

Repeal of certain acts

[Assembly Bill No. 244–Mr. Bartlett]

Chap. 140–An Act to repeal an act entitled “An act fixing the number of officers and attaches of the legislature of the State of Nevada, and to define their duties and specify their pay, and repealing all acts in conflict therewith,” approved January 27, 1909, being sections 4114-4117, Revised Laws of Nevada.

[Approved March 21, 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 expressly repealed.

Repeal of certain act

Repeal of certain act

[Assembly Bill No. 252–Mr. Bartlett]

Chap. 141–An Act to repeal an act entitled “An act providing for the printing of legislative bills and resolutions, and other matters relating thereto,” approved March 14, 1911, being sections 4120-4124, Revised Laws of Nevada.

[Approved March 21, 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 expressly repealed.

Stale printer to bind 200 copies of 21 Nevada Reports

Appropriation, $200

[Assembly Bill No. 257–Committee on Ways and Means]

Chap. 142–An Act directing the binding of certain copies of volume number 21 of the Nevada Reports and making an appropriation therefor.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  The superintendent of state printing is hereby authorized and directed to have bound in buckram 200 copies of volume 21 of the Nevada Reports now in his possession, and upon the completion of the binding thereof to deliver said volumes to the secretary of state.

      Sec. 2.  To carry out the provisions of this act the sum of two hundred ($200) dollars is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated.

New prices for state law books

[Assembly Bill No. 258–Committee on Ways and Means]

Chap. 143–An Act to amend section 1 of an act entitled “An act in relation to the sale of state law books,” approved February 28, 1913, and repealing a certain act.

[Approved March 21, 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 secretary of state is hereby authorized and directed to sell the state law books at the following prices, namely: For each volume of the Nevada Reports, four dollars; for each volume of Nevada and Sawyer’s Digest (1878), one dollar; for each volume Compiled Laws of Nevada (1861-1900), six dollars; Statutes of Nevada, four dollars a volume; Special Session Laws, 1908, and 1912, fifty cents per volume; for each volume of Constitutional Debates,

fifty cents per volume; for each volume of Constitutional Debates, 1864, three dollars; for each set consisting of vols. 1 and 2 of Revised Laws of Nevada, 1912, fourteen dollars; for vol. 3. Revised Laws, fifteen dollars.

      Sec. 2.  That certain act entitled “An act supplemental to ‘An act to regulate the sale of state law books,’ approved March 5, 1907,” approved February 26, 1913, is hereby expressly repealed.

Repeal of certain acts

[Assembly Substitute for Assembly Bill No. 264–Committee on Banks and Banking]

Chap. 144–An Act relating to the payment of the state debt, creating a consolidated bond interest and redemption fund, providing for a tax levy, making an additional guarantee for the discharge of the funded obligations of the State of Nevada, and other matters relating thereto.

[Approved March 21, 1921]

      Whereas, The constitution provides that an annual tax, sufficient to pay the interest semiannually, and the principal within twenty years from the passage of any acts creating a state debt, shall be levied by the legislature; and

      Whereas, This obligation should be so discharged that in no case shall less than a sufficient tax be levied for such purposes; therefore,

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

Assembly, do enact as follows:

      Section 1.  In order to more fully secure the several bond issues of the State of Nevada, a consolidated bond interest and redemption fund is hereby created.

      Sec. 2.  All moneys heretofore collected, or moneys to be collected, from taxes or any other sources, for the purpose of meeting the interest and redemption requirements of the several bonds of the State of Nevada, issued or to be issued, shall be placed in the consolidated bond interest and redemption fund.

      Sec. 3.  All payments on both principal and interest of the several bond issues of the State of Nevada shall be paid when and as they become due out of the moneys of the consolidated bond interest and redemption fund, and said moneys are hereby appropriated for that purpose.

      Sec. 4.  For the fiscal year commencing January 1, 1921, and for each year thereafter, an ad valorem tax of a sufficient number of cents to meet the bond interest and redemption requirements of the State of Nevada, at a rate to be specified by the legislature from time to time according to the purpose of this act, shall be levied on each one hundred dollars of taxable property within the state, including the net proceeds of mines and mining claims, except such property as is by law exempt from taxation, and the proceeds of such tax shall be placed in the consolidated bond interest and redemption fund in the state treasury, and the same are hereby appropriated for the purpose of discharging the obligations of the State of Nevada for bond interest and redemption.

Preamble

Bond issues secured

Consolidated bond interest and redemption fund

All payments out of said fund

Ad valorem tax for 1921 and succeeding years

When payments made from general fund

Repeal

law exempt from taxation, and the proceeds of such tax shall be placed in the consolidated bond interest and redemption fund in the state treasury, and the same are hereby appropriated for the purpose of discharging the obligations of the State of Nevada for bond interest and redemption.

      Sec. 5.  When and if, for any reason whatever, there shall be insufficient funds in the consolidated bond interest and redemption fund to pay the interest or the principal on any bonds mentioned or referred to in this act, such interest or principal shall be paid out of the general fund in the state treasury without restriction and without delay, and such charges are hereby made a first lien on any moneys in the general fund. Should sufficient funds later come into the said consolidated bond interest and redemption fund, reimbursement shall be promptly made to the general fund.

      Sec. 6.  All acts and parts of acts in conflict with this act are hereby repealed.

Preamble

Controversy as to division of school moneys in Clark County

Matter to be settled by mutual agreement

[Assembly Bill No. 266–Mr. Smith]

Chap. 145–An Act for the relief of educational district No. 1 of the Clark County, Nevada.

[Approved March 21, 1921]

      Whereas, The legislature of Nevada, at its twenty-ninth session passed an act entitled “An act providing for the division of Clark County, Nevada, into educational districts, and providing for the government of the schools therein,” approved March 29, 1919; and

      Whereas, Under the interpretation of said act as to the division of taxes for the second installment of the year 1918 and also as to the division of moneys then on hand in the county high-school fund of said county by the auditor of said county, it is claimed by the board of education of said educational district No. 1 that it was deprived of its just apportionment of said moneys; and

      Whereas, A dispute in regard to the proper apportionment of said moneys has arisen and which should be settled by agreement between the said board of education of educational district No. 1 and the county board of education of the Clark County high school; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The matter recited in the preamble hereof is hereby referred for adjustment by mutual agreement to said board of education of educational district No. 1 and said county board of education of the Clark County high school to determine a just apportionment of said moneys, and, upon such determination, the said board of education of the Clark County high school is hereby authorized to draw its warrant in favor of said educational district No. 1 for such amount as may be so determined,

in favor of said educational district No. 1 for such amount as may be so determined, and the count treasurer is hereby authorized and directed to pay the same.

[Assembly Bill No. 269–Mr. Royle]

Chap. 146–An Act to provide an appropriation for furnishing certain rooms in the Nevada heroes memorial building.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated the sum of fifteen hundred dollars ($1,500), out of any moneys in the general fund of the state treasury in the year 1922 not otherwise appropriated, for the purpose of purchasing furnishings for rooms provided for the use of ex-service men as designated in an act entitled “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 redemption, and other matters relating thereto,’ approved March 29, 1919,” approved March 7, 1921.

      Sec. 2.  The board of capitol commissioners is hereby empowered to make the necessary expenditures from the funds appropriated for this purpose. Before purchasing any such furniture, however, the said board of capitol commissioners shall ascertain, in so far as possible, the needs and requirements of the ex-service men, such needs and requirements being given due consideration by said board of capitol commissioners when furnishings are purchased.

Appropriation, $1,500 for furnishing rooms for ex-service men in heroes memorial building

Capitol commissioners to consult needs of veterans and make expenditure

[Assembly Bill No. 274–Mr. Gentry]

Chap. 147–An Act to establish commissioner districts in the county of Lincoln, and providing for the election of members of the board of county commissioners thereof.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  Within ninety days after the passage of this act, the board of county commissioners of Lincoln County shall divide said county into three commissioner districts in such manner that the towns of Pioche and Panaca shall be in the first district, the town of Caliente in the second district, and the town of Alamo in the third district.

Three county commissioner districts for Lincoln County

Rotation of long-term commissioner

Qualifications of county commissioners

and the town of Alamo in the third district. They shall also establish election precincts within said county in such manner that each and every election precinct shall be wholly within some one of said districts.

      Sec. 2.  At every election hereafter, at which county commissioners are to be elected, one member of the board of county commissioners shall be elected from each one of said districts in which a vacancy may exist, or may impend because of the expiration of the term of office of the incumbent member from that district; provided, that, commencing with district No. 1 at the general election of 1922, each of said districts shall in turn be entitled to elect the long-term commissioner in the order in which said districts are numbered; and provided, further, that no two commissioners shall serve at one and the same time from any one district.

      Sec. 3.  Candidates for the office of county commissioner for the respective districts shall be qualified electors and residents of the district for which they are candidates.

Preamble

Funds specified

Balances unutilizable

Said funds turned into general fund

[Assembly Bill No. 275–Committee on Ways and Means]

Chap. 148–An Act authorizing the state treasurer to merge certain special funds in the state treasury with the general fund therein; specifying the funds referred to and authorizing official action to carry out the purpose of this act.

[Approved March 21, 1921]

      Whereas, The following funds are kept separate and apart in the state treasury:

             General insurance fund...............................................................      $5,000.00

             Fire insurance fund......................................................................               9.71

             Building and loan license fund..................................................           208.25

             Employment agency fund...........................................................             50.00

             State library fund..........................................................................        5,000.00

             Immigration fund..........................................................................             52.19

             Fish and game fund.....................................................................        1,855.45

             State ore sampler fund.................................................................           119.35

                                                                                                                    ___________

             Total............................................................................................... $12,294.95; and

      Whereas, Said funds are made up of unexpended balances and moneys remaining over and above the needs for which they were collected and in their present situation cannot be utilized for any useful purpose and should therefore be made available to increase the general fund and to lessen the tax-levy requirements for conducting the state government; therefore

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

Assembly, do enact as follows:

      Section 1.  That the funds mentioned in the preamble and the moneys thereof shall be and they are hereby merged in the general fund in the state treasury henceforth and the state treasurer is directed to carry this act into effect, and the state controller and other officers are directed to make the necessary entries in their books to evidence and effectuate the operation of this act.

the general fund in the state treasury henceforth and the state treasurer is directed to carry this act into effect, and the state controller and other officers are directed to make the necessary entries in their books to evidence and effectuate the operation of this act.

[Assembly Bill No. 282–Committee on State Prison and Insane Asylum]

Chap. 149–An Act to provide suitable quarters at the Nevada hospital for mental diseases for the treatment and care of those suffering from or afflicted with shell shock or other mental diseases, and making an appropriation therefor.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  The board of commissioners of the Nevada hospital for mental diseases is hereby authorized and directed to provide and properly equip and prepare suitable quarters in what is known as the Stone House, on the grounds of said institution, for the treatment, care, and accommodation of those persons committed to the said Nevada hospital for mental diseases who are ex-service men of the world war formerly in the service of the military or naval forces of the United States, and may be suffering from or afflicted with what is commonly known as “shell shock” or other mental diseases, and who in the judgment or opinion of the superintendent of said Nevada hospital should not be confined with other inmates of said mental hospital; provided, however, if there by available space, the attendants caring for such patients may be quartered therein; and provided, further, if there be no such patients in said institution, said building may be used for other purposes.

      Sec. 2.  The sum of four thousand dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the purpose of making the necessary repairs, the employment of nurses, and carrying out the other provisions of this act.

Quarters reserved in Nevada hospital for ex-service men

Appropriation, $4,000

Repeal of certain act

[Assembly Bill No. 288–Mr. Lockhart]

Chap. 150–An Act repealing an act entitled “An act defining the duties of the secretary of state in regard to the disposition of certain publications, and other matters in relation thereto,” approved March 15, 1917.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  That certain act, entitled and approved as aforesaid, is hereby repealed.

State tax-rate fix

60 cents for 1921; apportionment

62 cents for 1922

[Assembly Bill No. 290–Committee on Ways and Means]

Chap. 151–An Act to fix the state tax levy for the fiscal years 1921 and 1922 and to distribute the said levy to the proper funds.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  For the fiscal year commencing January 1, 1921, and ad valorem tax of sixty cents (60c) on each one hundred dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as in by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows:

      Contingent university fund, ten cents, not less than one cent of which shall be used or set aside for permanent construction on the property of the University of Nevada. Public service division of the University of Nevada fund, two cents. State farm bureau fund, one cent. Consolidated bond interest and redemption fund, three cents. Public-school teachers’ retirement salary fund, five-tenths of one cent. The general fund, twenty-four cents. The distributive school fund, eleven cents. State highway fund, six cents. new state prison building fund, one cent. Nevada hospital for mental diseases building fund, one cent. Civic and physical training fund, five-tenths of one cent.

      Sec. 2.  For the fiscal year commencing January 1, 1922, an ad valorem tax of sixty-two cents (62c) on each one hundred dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be appropriated by the state controller among the various funds of the state as follows:

ation, which shall be appropriated by the state controller among the various funds of the state as follows:

      Contingent university fund, eleven cents, not less than two cents of which shall be expended or set aside for permanent construction on the property of the University of Nevada. Public service division of the University of Nevada fund, two cents. State farm bureau fund, one cent. Consolidated bond interest and redemption fund, four cents. Public-school teachers’ retirement salary fund, five-tenths of one cent. The general fund, twenty-four cents. The state distributive school fund, eleven cents. State highway fund, six cents. New prison building fund, one cent. Nevada hospital for mental diseases building fund, one cent. Civic and physical training fund, five-tenths of one cent.

Apportionment

[Senate Bill No. 130–Committee on Ways and Means]

Chap. 152–An Act to amend an act entitled “An act to provide for the appointment of a state auditor, fix his compensation, prescribe his duties, to inspect and audit public accounts and to establish a uniform system of public accounting, cost-keeping, and reporting, and mattters relating thereto, and to repeal certain acts and parts of acts in conflict herewith, “ approved March 10, 1917.

[Approved March 21, 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 adding thereto a new section to be known as section 3 1/2:

      Section 3 1/2.  In addition to the other duties imposed by law on the state auditor, he shall be ex officio the deputy clerk of the board of examiners and shall assist the board of examiners in the examination, classification and preparation for audit of all the claims required to be presented to said board, and he shall check and audit all such claims before they are submitted to said board for audit, approval and allowance. The general rules of procedure to govern this work shall be more particularly prescribed in harmony with this act by the board of examiners, and the state auditor shall comply with any such rules so prescribed.

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

      Section 9.  The salary of the state auditor is hereby fixed at three thousand ($3,000) dollars per annum, payable in equal monthly installments, the same as other state officials are paid.

State auditor deputy clerk of state board of examiners

Salaries of state auditor and deputy

equal monthly installments, the same as other state officials are paid. he shall appoint a deputy who shall have the proper qualifications to perform the duties of the office, and who shall receive a salary of twenty-four hundred ($2,400) dollars per annum, payable in equal monthly installments, the same as other state officials are paid.

Appropriation ($500) for refund of twice-paid state taxes

[Senate Bill No. 18–Senator Sheehan]

Chap. 153–An Act to amend section 7 of an act entitled “An act regulating the manner of procedure of obtaining refund of state, county and other taxes which have been twice paid, and making an appropriation therefor,” approved March 14, 1917.

[Approved March 21, 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.  For the purpose of carrying out the provisions of this act the sum of five hundred ($500) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, to be used in making refund for double payment of state taxes only.

Refund of taxes of certain patented mines

[Assembly Bill No. 39–Mr. Hart]

Chap. 154–An Act prescribing a manner of procedure for obtaining a refund of state, county, and other taxes which have been assessed and paid on patented mines in certain contingencies.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  Whenever it shall appear to a board of county commissioners in any county of this state, by competent evidence, that a tax has been paid on one or more patented mining claims by the owner thereof, and a remission of said tax on said patented mining claims has been ordered to be made by the Nevada tax commission, and by mistake or inadvertence, on the part of the proper county officers, such remission of such tax as so ordered by said commission has not been entered upon the tax-roll, and consequently such tax has been paid in full by the owner of such patented mining claims, under protest, said board of county commissioners, by its unanimous resolution, may direct the county treasurer to refund to such owner the amount of county and district taxes which he has overpaid on account of such failure to enter such remission of taxes.

on the part of the proper county officers, such remission of such tax as so ordered by said commission has not been entered upon the tax-roll, and consequently such tax has been paid in full by the owner of such patented mining claims, under protest, said board of county commissioners, by its unanimous resolution, may direct the county treasurer to refund to such owner the amount of county and district taxes which he has overpaid on account of such failure to enter such remission of taxes.

      Sec. 2.  Any such claim for refund of taxes as provided in section one of this act must be presented to the board of county commissioners within six months after the enactment hereof.

      Sec. 3.  Whenever it shall appear to the state board of examiners of the State of Nevada, by competent evidence, that a tax has been paid on one or more patented mining claims by the owner thereof, and a remission of said tax on said patented mining claims has been ordered to be made by the Nevada tax commission, and by mistake or inadvertence on the part of the proper county officers such remission of such tax as so ordered by said commission has not been entered upon the tax-roll, and consequently such tax has been paid in full by the owner of such patented mining claims, under protest, said state board of examiners, by its unanimous resolution, may direct the state controller to draw his warrant for refund to such owner for the amount of state taxes which he has overpaid on account of such failure to enter such remission of taxes.

      Sec. 4.  Any such claims for refund of taxes as provided in section 3 of this act must be presented to the said state board of examiners within six months after enactment hereof.

      Sec. 5.  If any person shall feel aggrieved by the action taken by any board of county commissioners on any such claim, an action may be prosecuted thereon for and on behalf of such person against such county, as on other rejected county claims.

      Sec. 6.  If any person shall feel aggrieved by the action taken by said board of examiners on any such claim, an action may be prosecuted thereon for and on behalf of said person against the State of Nevada under and pursuant to the provisions of section 5653-5655, Revised Laws of Nevada, 1912, which are hereby made applicable to any such action.

      Sec. 7.  For the purpose of carrying out the provisions of this act the sum of two hundred fifty ($250) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, to be used in making refund for excess payment of state taxes only.

Procedure in county

Time limit

State board of examiners to order refund, when

Time limit

Court action, when

Certain laws to govern action

Appropriation, $250

Personnel of state rabies commission

County rabies board, personnel of

To cooperate with U.S.D.A.

Provision for funds for 1921

[Assembly Bill No. 138–Mr. Hill]

Chap. 155–An Act providing for the eradication of noxious animals in the State of Nevada; for the suppression of rabies; for cooperation between the state, the counties, and the bureau of biological survey, United States department of agriculture, in the administration thereof; for the levy of taxes therefor; for the creation of state and county boards for the purpose, and defining their duties.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  The state rabies commission is hereby created. It shall consist of the governor, who shall be chairman, and four additional members appointed by the governor. The appointed members shall be, respectively, the director of the state veterinary control service; one member chosen from the state board of sheep commissioners; one member chosen from the state board of stock commissioners, and one member chosen from the state board of health. The director of the state veterinary control service shall act as secretary of the commission without extra compensation. The appointed members of the commission shall serve ex officio and only so long as they remain in the offices from which they shall have been chosen. They shall serve without salary, but shall be allowed their actual and necessary traveling and living expenses while attending meetings or directly engaged in the active performance of their duties on the commission.

      Sec. 2.  A county rabies board is hereby created for each county in the State of Nevada. Each board shall consist of the chairman of the board of county commissioners, who shall be chairman of the board, and two additional members, to be chosen by the board of county commissioners. The members shall serve without salary and their actual expenses shall be allowed and paid out of the county rabies fund in the manner hereinafter provided.

      Sec. 3.  It shall be the duty of the state rabies commission and the respective county rabies boards to cooperate with the bureau of biological survey of the U. S. department of agriculture for the eradication of noxious animals and the suppression of rabies in the State of Nevada under the advice and direction of said survey.

      Sec. 4.  For the purpose of providing funds for the work mentioned in this act, it is hereby provided:

      First:  That for the calendar year 1921, there is appropriated all moneys not theretofore expended which have been or shall be realized from the proceeds of the special ad valorem tax provided for in chapter 51, Statutes of 1917, as amended by chapter 29, Statutes of 1919, as assessed in the calendar year 1920, together with such further appropriation as may be made by the legislature from the general fund of the state treasury.

the calendar year 1920, together with such further appropriation as may be made by the legislature from the general fund of the state treasury.

      Second:  That for the calendar year 1922 and thereafter, there is hereby appropriated from the general fund of the state treasury a sum of seven thousand seven hundred and twenty-five ($7,725).

      Sec. 5.  The expenditure of state and county funds provided for in this act shall be authorized by the state rabies commission and the respective county rabies boards, under the direction of the biological survey of the U. S. department of agriculture. All claims against county rabies funds shall be certified by the said biological survey and approved by the county rabies board, and shall be allowed and paid by the boards of county commissioners of the respective counties. All claims against the state rabies fund shall be certified by the said biological survey, by the chairman and secretary of the state rabies commission, and shall be subject to audit and approval by the state board of examiners, as in the case of other state claims.

      Sec. 6.  It is the intent of this act that approximately one-half of the cost of the work provided for in this act in every county shall be paid out of the state rabies fund and the other approximate half of said cost shall be paid out of the county rabies fund by the county in which the work is done; excepting that the necessary expenses of the members of the state rabies commission and of the county rabies boards shall be paid entirely out of the state rabies fund and the respective county rabies funds, respectively.

      Whenever provision is made for a county rabies fund in the manner described in this act, the state rabies commission shall cause to be expended in that county an amount not to exceed the amount so provided for work in the county during a like period. Should any county refuse or neglect to make provision for a county rabies fund, the state rabies commission may at its option refuse to authorize any work to be done in that county under the provisions of this act. Nothing herein shall prevent the expenditure in any county of any sums provided for the eradication of noxious animals or the suppression of rabies by the United States government.

      Sec. 7.  That certain act entitled “An act creating the state rabies commission; prescribing its membership; making an appropriation for the control and eradication of rabies and noxious animals within the State of Nevada in cooperation with the biological survey of the U. S. department of agriculture,” approved March 8, 1917, is hereby repealed; provided, however, that the agreement made by authority of said act shall be and remain in full force and effect for the years 1921 and 1922; and provided further, that all tax moneys collected by virtue of said act shall be paid into and become a part of the special fund in the state treasury known as the state rabies fund, hereinbefore referred to.

Appropriation ($7,725)

Manner of paying claims on state and county rabies fund

Intent of act specified

County funds, specifications concerning

Repeal of certain act

Previous agreement stands good

paid into and become a part of the special fund in the state treasury known as the state rabies fund, hereinbefore referred to.

State board of education may change boundaries of supervision districts

Compensation of deputy superintendents of public instruction

[Assembly Bill No. 142–Mr. Henderson]

Chap. 156–An Act to amend an act entitled “An act concerning public schools and repealing certain acts relating thereto,” approved March 20, 1911, and acts amendatory thereof.

[Approved March 21, 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 is hereby amended to read as follows:

      Section 8.  Five educational supervision districts are hereby established as follows: District number 1, comprising Elko County; district number 2; comprising White Pine, Lander, and Eureka Counties; district number 3, comprising Humboldt, Pershing, and Churchill Counties; district number 4, comprising Washoe, Storey, Ormsby, Douglas, Lyon, and Mineral Counties; district number 5, comprising Lincoln, Nye, Clark, and Esmeralda Counties; provided, that the state board of education may, with the approval of the deputy superintendents concerned, make such changes in the boundaries of these supervisional districts as may be found in their judgment to be better adapted to the needs of the several supervisional districts.

      Sec. 2.  Section 13 of the above-entitled act is hereby amended to read as follows:

      Section 13.  The compensation of each deputy superintendent of public instruction, including the office deputy for the superintendent of public instruction, is hereby fixed at twenty-four hundred dollars per annum, and shall be paid out of the state distributive school fund in the same manner as the salaries of other state officers are paid. All claims for the traveling expenses, including the cost of transportation and cost of living of each deputy superintendent of public instruction and of the office deputy for the superintendent of public instruction while absent from his or her place of residence, together with necessary office expenses, shall be paid from the state distributive school fund of the state, whenever such claims shall be allowed by the state board of examiners; provided, that not more than nine hundred dollars shall be paid from the state distributive school fund of the state in settlement of claims for such traveling expense of any deputy superintendent of public instruction, nor more than five hundred dollars for such traveling expenses of the office deputy for the superintendent of public instruction during any one year, and not more than five hundred dollars shall be paid from the state distributive school fund of the state in settlement of claims for such office expenses of any deputy superintendent of public instruction for any one year.

instruction, nor more than five hundred dollars for such traveling expenses of the office deputy for the superintendent of public instruction during any one year, and not more than five hundred dollars shall be paid from the state distributive school fund of the state in settlement of claims for such office expenses of any deputy superintendent of public instruction for any one year.

      Sec. 3.  All acts and parts of acts in conflict herewith are hereby repealed.

Repeal

[Assembly Bill No. 195–Mr. Lockhart]

Chap. 157–An Act to amend sections 203, 207, 209, and 210 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, being sections 3443, 3447, 3449, and 3450, Revised Laws of Nevada.

[Approved March 21, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 203 of the above-entitled act is hereby amended to read as follows:

      Section 203.  Each parent, guardian, or other person in the State of Nevada, having control or charge of any child between the ages of seven and eighteen years, shall be required to send such child to a public school during the time in which a public school shall be in session in the school district in which said child resides; but such attendance shall be excused, when satisfactory evidence is presented to the board of trustees of the school district in which such child resides:

      1.  That the child’s bodily or mental condition or attitude is such as to prevent or render inadvisable attendance at school, or application to study. A certificate from any reputable physician that the child is not able to attend school, or that its attendance is inadvisable, must be taken as satisfactory evidence by any such board; or

      2.  That the student has already completed the twelve grades of the grade and high-school courses; but any student between the ages of fourteen and eighteen years who has completed the work of the first eight grades may be excused from full-time school attendance and be permitted to enter proper employment or apprenticeship, by the authority of the board of trustees. In all such cases no employer or other person shall contract for the services or time of such student until the student presents a written permit from the attendance officer or school trustees. This permit must be kept on file by the employer, and on discharge of the employed minor must be returned by the employer to the school authorities issuing same; or

Children between 7 and 18 must attend school

Excused, when

Reasons for non-attendance

Same

Reasons for non-attendance

Attendance officer

Penalty for abetting truancy

Employers to report

Penalty for falsely stating age of child

must be returned by the employer to the school authorities issuing same; or

      3.  That the child is receiving under private or public tutelage, at home or in school, equivalent instruction fully approved by the school trustees as to kind and amount; or

      4.  That a child fourteen years of age or over must labor for its own or its parents’ support; or

      5.  That the deputy superintendent shall determine that the child’s residence is located at such distance from the public school as to render attendance impracticable or unsafe.

      Sec. 2.  Section 207 of said act is hereby amended to read as follows:

      Section 207.  The board of trustees of any school district may appoint and remove at pleasure an attendance officer and shall fix the compensation therefor, and shall prescribe the duties of such officer, not inconsistent with law, and make rules and regulations for the performance thereof. It shall be the duty of the attendance officer or any peace officer, or any other school officer, to arrest, during school hours, without warrant, any child between the ages of seven and eighteen years, who has been reported to him by the teacher, the city superintendent, or other person connected with the schools, as an absentee from instruction upon which he is lawfully required to attend within the school district. Such arresting officer shall forthwith deliver the child so arrested to the teacher, parent, guardian, or other person having control or charge of said child.

      Sec. 3.  Section 209 of the above-entitled act is hereby amended to read as follows:

      Section 209.  Any person who induces or attempts to induce any child to be absent unlawfully from school, or who knowingly employs or harbors while school is in session any child absent unlawfully from school, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than fifty dollars or by imprisonment of not more than twenty-five days, or by both such fine and imprisonment. The attendance officer or any other school officer is hereby empowered to visit any place or establishment were minor children are employed to ascertain whether the provisions of this law are fully complied with, and may demand from all employers of such children a list of children employed, with their names and ages. Change of residence of a family having a child or children of school age shall be reported in writing within five days to the attendance officer or board of school trustees by the real-estate dealers and owners in charge of the property.

      Sec. 4.  Section 210 of the above-entitled act is hereby amended to read as follows:

      Section 210.  Any parent, guardian, or other person who makes a false statement concerning the age or school attendance of a child between the ages of seven and eighteen years who is under his control or charge, such false statement being made with intent to deceive under this act, or any real-estate dealer or owner who fails and refuses to report any change of residence as specified in section 209 hereof shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not more than fifty dollars or by imprisonment of not more than twenty-five days, or by both such fine and imprisonment.

who is under his control or charge, such false statement being made with intent to deceive under this act, or any real-estate dealer or owner who fails and refuses to report any change of residence as specified in section 209 hereof shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not more than fifty dollars or by imprisonment of not more than twenty-five days, or by both such fine and imprisonment.

[Assembly Bill No. 4–Mr. Mathews]

Chap. 158–An Act for the relief of Geo. G. Schweis.

[Approved March 22, 1921]

      Whereas, Geo. G. Schweis, inspector of apiaries, brought in his claim for services as inspector of apiaries for the month of December, 1920, as provided for in chapter 81, Statutes of Nevada for 1919, after the appropriation for the payment of said claim had reverted; and

      Whereas, The said claim has been examined, allowed, and approved by the state board of examiners, and is a just and legal claim against the State of Nevada; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of $66.66 is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the payment of said claim.

      Sec. 2.  The state controller is hereby authorized and directed to draw his warrant in favor of Geo. G. Schweis for the said sum of $66.66, and the state treasurer is hereby directed to pay the same.

Preamble; relief of Geo. G. Schweis

Appropriation, $66.66

[Assembly Bill No. 30–Mr. Byers]

Chap. 159–An Act for the relief of the Northeastern Nevada agricultural board.

[Approved March 22, 1921]

      Whereas, The Northeastern Nevada agricultural board brought in its claim for expenses for the month of December, 1920, amounting to $258.25, after the appropriation for the payment of the said claim had reverted; and

      Whereas, Had said claim been presented in due time, there was ample money remaining in the fund appropriated therefor for its payment; and

Preamble; relief Northeaster Nevada agricultural board

Appropriation, $258.25

      Whereas, The said claim has been examined, allowed, and approved by the state board of examiners, and is a just and legal claim against the State of Nevada; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of $258.25 is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the payment of said claim.

      Sec. 2.  The state controller is hereby authorized and directed to draw his warrant in favor of J. Carlos Lambert of Metropolis, Nevada, county agent, for the said sum of $258.25, and the state treasurer is hereby directed to pay the same.

Preamble; paying Reno for street work

Appropriation, $217.50

[Assembly Bill No. 31–Mr. Heward]

Chap. 160–An Act to provide for the relief of the city of Reno.

[Approved March 22, 1921]

      Whereas, In the year nineteen hundred and twenty, the city of Reno, a municipal corporation, located in Washoe County, Nevada, performed certain work on the street in front of the Nevada historical society building on North Center street, in said city, of the value of two hundred seventeen and 50/100 ($217.50) dollars, for curbing, guttering and paving that portion of North Center street in front of said property, said work comprising 50 feet of curb and gutter and 600 square feet of bithulithic paving; and

      Whereas, The said sum of two hundred seventeen and 50/100 ($217.50) dollars has never been paid to the city of Reno; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of two hundred seventeen and 50/100 ($217.50) dollars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to pay the said city of Reno for the expenses of improving North Center street in said city in front of the Nevada historical society property, and the state controller is hereby directed and required to draw his warrant for the sum of two hundred seventeen and 50/100 ($217.50) dollars in favor of said city of Reno, and the state treasurer is hereby authorized and required to pay the same.

[Assembly Substitute for Assembly Bill No. 43–Committee on Labor]

Chap. 161–An Act to amend an act entitled “An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act,” approved March 15, 1913, and as amended by an act approved March 22, 1915, and as amended by an act approved March 28, 1917, and as amended by an act approved March 28, 1919.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 25 of the above-entitled act, as amended by an act approved March 22, 1915, and as amended by an act approved March 27, 1917, and as amended by an act approved March 28, 1919, is hereby amended to read as follows:

      Section 25.  Every employee in the employ of an employer within the provisions of this act, who shall be injured by accident arising out of and in course of employment, or his dependents as hereinafter defined, shall be entitled to receive the following compensation:

(A) Death Benefits

      If the injury causes death, the compensation shall be known as a death benefit, and shall be payable in the amount and to and for the benefit of the persons following:

      1.  Burial expenses, not to exceed one hundred and twenty-five ($125) dollars, in addition to the compensation payable under this act.

      2.  To the widow, if there is no child, thirty per centum of the average wage of the deceased. This compensation shall be paid until her death or remarriage, with two years’ compensation in one sum upon remarriage.

      3.  To the widower, if there is no child, thirty per centum of the average wage of the deceased, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage.

      4.  To the widow or widower, if there is a child or children, the compensation payable under clause one (1) or clause two (2), and in addition the additional amount of ten per centum of such wage for each such child until the age of eighteen years. In case of the subsequent death of such surviving wife (or dependent husband) any surviving child of the deceased employee shall have his compensation increased to fifteen (15) per centum of such wages, and the same shall be payable until he shall reach the age of eighteen years; provided, that the total amount payable shall in no case exceed sixty-six and two-thirds per cent of such wage.

Amending industrial insurance law

Compensation of employees or dependents

Death benefits specified

Death benefits specified

ing wife (or dependent husband) any surviving child of the deceased employee shall have his compensation increased to fifteen (15) per centum of such wages, and the same shall be payable until he shall reach the age of eighteen years; provided, that the total amount payable shall in no case exceed sixty-six and two-thirds per cent of such wage. If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen years, or if over eighteen years, and incapable of self-support, becomes capable of self-support.

      5.  If there be a surviving child or children of the deceased under the age of eighteen years, but no surviving wife (or dependent husband) then for the support of each child until the age of eighteen years, fifteen per centum of the wages of the deceased; provided, that the aggregate shall in no case exceed sixty-six and two-thirds per centum of such wages.

      6.  If there be no surviving wife (or dependent husband) or child under the age eighteen years, there shall be paid to a parent, if wholly dependent for support upon the deceased employee at the time of his death, twenty-five per centum of the average monthly wage of the deceased during dependency, with an added allowance of ten per centum if two dependent parents survive; to the brothers or sisters, under the age of eighteen years, if one is wholly dependent upon the deceased employee for support at the time of injury causing death, twenty per centum of the average monthly wage for the support of such brother or sister, until of the age of eighteen years. If more than one brother or sister is wholly dependent, thirty per centum of the average monthly wage at the time of injury, causing death, divided among such dependents share and share alike. If there is no one of them wholly dependent, but one or more partly dependent, ten per centum divided among such dependents share and share alike.

      7.  In all other cases, questions of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death. The duration of such compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case exceed compensation for one hundred months.

      8.  Compensation to the widow or widower shall be for the use and benefit of such widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such way as it deems best for the interests of all beneficiaries.

      If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only sixty (60%) per cent of the amount or amounts above specified.

      9.  Any excess of wages over one hundred and twenty ($120) dollars a month shall not be taken into account in computing compensation for death benefits.

      10.  In such cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump-sum settlements shall be allowed.

      11.  In case of the death of any dependent specified in the foregoing enumeration before the expiration of the time named in the award, funeral expenses not to exceed one hundred and twenty-five ($125) dollars shall be paid.

(B) Total Disability

      1.  Temporary total disability: For temporary total disability, if there be no one residing in the United States totally dependent upon the workman at the time of the injury, compensation of sixty (60%) per cent of the average monthly wage, but not more than seventy-two ($72) dollars nor less than thirty ($30) dollars per month, but not exceeding one hundred months, during the period of such disability, total amount not to exceed seven thousand two hundred ($7,200) dollars; if there be persons residing in the United States totally dependent for support upon the workman, compensation as provided herein with an additional allowance of ten ($10) dollars per month for such dependents during the period of such disability.

      2.  Permanent total disability: In cases of total disability adjudged to be permanent, compensation of sixty (60%) per cent of the average monthly wage, but not less than thirty ($30) dollars per month nor more than sixty ($60) dollars per month during the life of the injured person; provided, in cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the services of a constant attendant, an additional allowance of thirty ($30) dollars per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of section 23 of this act.

      In cases of the following specified injuries, in the absence of proof to the contrary, the disability caused thereby shall be deemed total and permanent:

      1.  The total and permanent loss of sight of both eyes.

      2.  The loss by separation of both legs at or above the knee.

Death benefits specified

Total disability benefits specified

Total disability benefits specified

Partial disability benefits specified

      3.  The loss by separation of both arms at or above the elbow.

      4.  An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm.

      5.  An injury to the skull resulting in incurable imbecility, or insanity.

      6.  The loss by separation of one arm at or above the elbow, and one leg by separation at or above the knee may be deemed a permanent total disability.

      The above enumeration is not taken as exclusive; and in all other cases, permanent total disability shall be determined in accordance with the facts.

(C) Partial Disability

      1.  Temporary partial disability: For temporary partial disability, sixty (60%) per cent of the difference between the wages earned before the injury and the wages which the injured person is able to earn thereafter, but not more than forty ($40) dollars per month for a period not to exceed sixty (60) months during the period of said disability. for the purpose of this provision any excess of wages over one hundred and twenty ($120) dollars per month shall not be taken into account in computing compensation for temporary partial disability.

      2.  In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and compensation of fifty (50%) per cent of the average monthly wage, subject to a minimum of thirty ($30) dollars per month and a maximum of sixty ($60) dollars per month, shall be paid in addition to the compensation paid for temporary total disability for the period named in the following schedule:

      (a) For the loss of a thumb, fifteen (15) months.

      (b) For the loss of a first finger, commonly called the index finger, nine (9) months.

      (c) For the loss of a second finger, seven (7) months.

      (d) For the loss of the third finger, five (5) months.

      (e) For the loss of the fourth finger, commonly called the little finger, four (4) months.

      (f) The loss of a distal or second phalange of the thumb, or the distal or third phalange of the first, second, third, or fourth finger, shall be considered a permanent partial disability, and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.

      (g) The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

      (h) For the loss of a great toe, seven (7) months.

      (i) For the loss of one of the other toes other than the great toe, two and one-half (2 1/2) months.

      (j) However, the loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be one-half of the amount above specified.

      (k) The loss of more than one phalange shall be considered as the loss of the entire toe.

      (l) For the loss of a major hand, fifty (50) months; the loss of a minor hand, forty (40) months.

      (m) For the loss of a major arm, sixty (60) months; for the loss of a minor arm, fifty (50) months.

      (n) For the loss of a foot, forty (40) months.

      (o) For the loss of a leg, fifty (50) months.

      (p) For the loss of an eye by enucleation, thirty (30) months.

      (q) The permanent and complete loss of sight in one eye without enucleation, twenty-five (25) months.

      (r) For permanent and complete loss of hearing in one ear, twenty (20) months.

      (s) For permanent and complete loss of hearing in both ears, sixty (60) months.

      (t) The permanent and complete loss of the use of a finger, toe, arm, hand, foot, or leg may be deemed the same as the loss of any such member by separation.

      (u) For the partial loss of use of a finger, toe, arm, hand, foot, leg, or partial loss of sight or hearing, fifty (50%) per cent of the average monthly wage during that proportion of the number of months in the foregoing schedule provided for the complete loss of use of such member, or complete loss of sight or hearing, which the partial loss of use thereof bears to the total loss of use of such member or total loss of sight or hearing.

      (v) Facial disfigurement: For permanent disfigurement about the head or face, which shall include injury to or loss of teeth, the commission may allow such sum for compensation thereof as it may deem just, in accordance with the proof submitted, for a period not to exceed twelve (12) months.

      (w) In all cases of permanent partial disability, not otherwise specified in the foregoing schedule, the percentage of disability to the total disability shall be determined. For the purpose of computing compensation for a disability that is partial in character but permanent in quality, fifty (50%) per cent of the average monthly wage not to exceed the sum of sixty ($60) dollars per month for the period of one (1) month shall represent a one (1%) per cent disability.

      In determining the percentage of disability, consideration shall be given, among other things, to any previous disability, the occupation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury.

Partial disability benefits specified

Partial disability benefits specified

Schedule for rating disabilities

Refusal to submit to treatment voids compensation

physical injury, and the age of the employee at the time of the injury.

      (x) Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      (y) The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this subsection.

      No compensation shall be payable for the death or disability of an employee, if his death be caused by, or in so far as his disability may be aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or follow any competent and reasonable surgical treatment or medical aid.

General appropriation for 1921-1922

Governor’s office and mansion

Lieutenant-Governor

[Assembly Substitute for Assembly Bill No. 68–Committee on Ways and Means]

Chap. 162–An Act making appropriations for the support of the civil government of the State of Nevada for the years 1921 and 1922.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  The following sums are hereby appropriated from the general fund for the purpose hereinafter expressed, and for the support of the government of the State of Nevada for the years 1921-1922:

Administrative Offices

      Sec. 2.  The Office and Mansion of the Governor.

For salary of governor.........................................................................................     $14,000.00

For salary of governor’s private secretary.......................................................         4,800.00

For salary of clerk in governor’s office.............................................................         3,000.00

For salary extra clerical help................................................................................            375.00

For traveling expenses of the governor............................................................         1,200.00

For dues to governors’ conference...................................................................            500.00

For light, power, fuel, telephone, care of grounds, repairs and furnishings at governor’s mansion..................................................................................       4,052.00

      Sec. 3.  The Office of Lieutenant-Governor and Adjutant-General.

For salary of lieutenant-governor and adjutant-general.................................       $7,200.00

For salary of stenographer, care, transfer, transportation, and insurance of military property; for traveling and incidental expenses of the adjutant-general.............................................................................................       2,650.00

      Sec. 4.  The Office of the Secretary of State.

For salary of the secretary of state....................................       $7,200.00

For salary of deputy secretary of state.............................................................         4,800.00

For salary of clerk                                                                        4,000.00

For salary of typist...............................................................       3,000.00

For salary of stenographer..................................................       3,000.00

For salary of extra clerk........................................................       750.00

For indexing territorial records............................................       250.00

      Sec. 5.  The Office of Attorney-General and Mineral Land Commissioner.

For salary of attorney-general............................................................................       $7,200.00

For salary of deputy attorney-general...............................................................         6,000.00

For salary of stenographer..................................................................................         3,000.00

For salary of mineral land commissioner...........................................................         2,800.00

For traveling and contingent expenses.............................................................         3,000.00

      Sec. 6.  The Office of State Controller and Insurance Commissioner.

For salary of state controller...............................................................................       $7,200.00

For salary of deputy state controller.................................................................         4,800.00

For salary of typist...............................................................................................         3,000.00

For protection of state revenue..........................................................................            500.00

For salary of clerk for insurance commissioner................................................         3,000.00

For salary of extra clerk........................................................................................         3,000.00

For premiums on insurance.................................................................................         9,500.00

For fire protection for public buildings.............................................................            500.00

      Sec. 7.  The Office of the State Treasurer.

For salary of state treasurer................................................................................       $7,200.00

For salary of deputy state treasurer...................................................................         4,800.00

For salary of clerk                                                                                                          3,000.00

For exchange on state money transfers............................................................         6,000.00

      Sec. 8.  The State Mine Inspector.

For salary of state mine inspector......................................................................       $7,200.00

For salary of two deputies...................................................................................         9,600.00

For salary of clerk                                                                                                          3,000.00

For support of mine inspector’s office..............................................................         7,700.00

Administrative Plants

      Sec. 9.  The State Printing Office.

For salary of superintendent of state printing.................................................       $7,200.00

For salary of bookkeeper.....................................................................................         3,000.00

For support of state printing office and bindery.............................................       50,000.00

The Boards, Commissions, and Appointive Offices

      Sec. 10.  The Board of Capitol Commissioners.

For fuel, light, care of capitol buildings and grounds, water, stationery and stamps, telephone and telegraph, capitol repairs and furnishings, to be budgeted to state offices by the board of capitol commissioners.......................................................     $52,000.00

Secretary of state

Attorney-general

State controller and insurance commissioner

State treasurer

Inspector of mines

State printing office

Capitol and grounds, etc.

Public service commission

Tax commission

State board of health

Bank examiner and board of finance

State auditor

Commissioner of labor

Fish and game commission

State police

N.E. Nevada agricultural board

Cement commission

Historical society

State engineer

      Sec. 11.  The Public Service Commission.

For salaries of commissioners............................................................................       $15,000.00

For salary of secretary and rate expert..............................................................       6,000.00

For support of commission.................................................................................       20,000.00

      Sec. 12.  The Nevada Tax Commission.

For salaries of commissioners............................................................................       $6,000.00

For salary of secretary.........................................................................................       6,000.00

For support of commission.................................................................................       12,000.00

      Sec. 13.  The State Board of Health.

For salary of secretary of state board of health...............................................       $5,000.00

For support of state board of health.................................................................       3,800.00

      Sec. 14.  The State Bank Examiner and State Board of Finance.

For salary of state bank examiner.......................................................................       $8,000.00

For salary of clerk                                                                                                        3,000.00

For support state bank examiner and state board of finance.........................       3,000.00

      Sec. 15.  The State Auditor.

For salary of state auditor...................................................................................       $6,000.00

For salary of deputy auditor...............................................................................       4,800.00

For support of state auditor’s office.................................................................       5,200.00

      Sec. 16.  The Labor Commissioner.

For salary of labor commissioner.......................................................................       $3,000.00

For salary of clerk                                                                                                        3,000.00

For salary of statistical assistants.....................................................................       600.00

For support of labor commissioner’s office.....................................................       3,150.00

      Sec. 17.  The Fish and Game Commission.

For support of the fish and game commission.................................................       $17,500.00

      Sec. 18.  The Nevada State Police.

For support of the Nevada state police............................................................       $19,800.00

      Sec. 19.  Northeastern Nevada Agricultural Board.

For support of the Northeastern Nevada agricultural board.........................       $1,000.00

      Sec. 20.  The Cement Commission.

For support of the cement commission.............................................................       $700.00

      Sec. 21.  The Nevada Historical Society.

For support of the Nevada historical society..................................................       $10,000.00

      Sec. 22.  The State Engineer’s Office.

For support and maintenance of state engineer’s office including all salaries provided by law...............................................................................       $50,000.00

For special adjudication expenses and for special investigations ordered by the thirtieth session of the legislature...................................................       20,000.00

For cooperative water measurements with U. S. geological survey.............       5,000.00

For cooperative snow survey with U. S. government and State of California                         1,500.00

      Sec. 23.  The State Ore Sampler.

For support of state ore sampler for 1921.........................................................          $855.00

      Sec. 24.  The State Library.

For salaries of librarian, assistant librarians, labor, expense and purchases of books for Nevada state library......................................................................................................     $24,000.00

                                   The Penal and Charitable Institutions

      Sec. 25.  The State Orphans’ Home.

For support and maintenance of state orphans’ home, including all salaries of its officials       $63,400.00

For truck and plow................................................................................................         1,000.00

For reimbursing prison stock trust fund for cut stone....................................         2,500.00

For changing oil plant..........................................................................................            500.00

      Sec. 26.  The Nevada School of Industry.

For support of the Nevada school of industry, including all salaries of its officials              $36,680.00

For construction of superintendent’s cottage.................................................         5,000.00

For equipment and poultry..................................................................................         2,500.00

      Sec. 27.  The Nevada State Prison.

For support of Nevada state prison, including all salaries of its officials....   $130,000.00

For repairs and improvements............................................................................         5,000.00

For death watch over condemned criminals.....................................................         3,000.00

      Sec. 28.  The Nevada State Hospital for Mental Diseases.

For salaries, support, maintenance and repairs Nevada state hospital for mental diseases        $152,000.00

For furnishings for new building........................................................................       12,000.00

For purchase of dairy cattle................................................................................         1,500.00

      Sec. 29.  The Care of the Deaf, Dumb, and Blind.

For the care of the deaf, dumb and blind (under the control of the state board of education)          $18,500.00

      Sec. 30.  The Florence Crittenton Mission.

For support of the Florence Crittenton mission...............................................       $5,000.00

      Sec. 31.  The Vocational Rehabilitation Board.

For support of state vocational rehabilitation under direction of the vocational rehabilitation board in cooperation with the federal government...................................     $10,000.00

                                                 Educational Institutions

      Sec. 32.  Department of Education.

For salaries and expenses of deputy superintendents of public instruction of March 1, 1921          $2,400.00

For office files..............................................................................       500.00

Ore sampler

State library

State orphans’ home

School of industry

State prison

Hospital for mental diseases

Deaf, dumb, and blind

Florence Crittenton mission

Vocational rehabilitation

Partial, for deputies

Vocational education

Public-service division

State farm bureau

Supreme court

Nevada reports

District judges

Miscellaneous expenses

Deficiency interest

From distributive school fund

      Sec. 33.  State Board for Vocational Education.

For support of vocational education in cooperation with federal board for vocational education and local and district school boards and including the mining schools and state’s proportion of the salaries and expenses of all officers of said state board........................................       $35,000.00

      Sec. 34.  The Public-Service Division of the University.

For support of the public-service division of the University of Nevada to December 1, 1921............................................................................................       $35,000.00

      Sec. 35.  The Farm Bureaus.

For state cooperation with county farm bureaus in 1921...............................       $15,000.00

                                                       The Judicial Branch

      Sec. 36.  The Supreme Court.

For salaries of the supreme court justices........................................................       $36,000.00

For salary of the clerk of the supreme court.....................................................       6,000.00

For salary of the reporter of decisions..............................................................       4,800.00

For salary of the stenographers of the court and clerk..................................       9,000.00

For salary of the bailiff.........................................................................................       500.00

For stamps and stationery and supplies, telephone and telegraph and expenses for the supreme court and clerk..................................................       1,600.00

For publishing 44th, 45th, and 46th Nevada Reports.....................................       4,800.00

For printing decisions in Carson Appeal..........................................................       3,600.00

For equipment for the supreme court................................................................       900.00

      Sec. 37.  The District Courts.

For traveling expenses of the district judges (to be budgeted by the board of examiners)........................................................................................       $11,000.00

                                  Miscellaneous Administrative Expenses

      Sec. 38.

For care of G. A. R. cemetery..............................................................................       $300.00

for election expense.............................................................................................       1,000.00

For industrial insurance, state employees........................................................       5,000.00

For state officers’ bond premiums.....................................................................       400.00

For relief of Grace Wildes....................................................................................       2,400.00

For rewards by the governor..............................................................................       4,000.00

For state advertising in Carson News...............................................................       3,000.00

For commission for the promotion of uniformity of legislation.....................       300.00

      Sec. 39.

For interest on state department deficiencies..................................................       $2,000.00

      Sec. 40.  The following sums are hereby appropriated from the state distributive school fund for the purposes hereinafter expressed for the years 1921 and 1922:

      Sec. 41.  Department of Education.

For superintendent of public instruction..........................................................       $7,200.00

For deputy superintendents of public instruction..........................................       26,400.00

For stenographer..................................................................................................         3,000.00

For traveling and office expense, superintendent and deputy superintendents                     16,500.00

For support of evening schools, teachers’ examinations, miscellaneous educational expenses and educational test supplies.....................................................       12,750.00

      Sec. 42.  The following sums are hereby appropriated from the permanent school fund for the purposes hereinafter expressed, for the years 1921 and 1922:

      Sec. 43.  The Surveyor-General and State Land Register.

For salary of surveyor-general and state land register...................................       $7,200.00

For salary of deputy surveyor-general and state land register.....................         4,800.00

For salary of draftsman......................................................       4,000.00

For salary of typist..............................................................       3,000.00

For township plats..............................................................       200.00

      Sec. 44.  All acts and parts of acts in conflict with this act are hereby repealed, including all acts and parts of acts which provide appropriations for the purposes outlined in this act.

Superintendent of public instruction, and deputies, etc.

From permanent school fund

State land office

Repeal

[Assembly Bill No. 112–Mr. Lockhart]

Chap. 163–An Act to provide for the appointment of policemen, with the powers of peace officers, to serve upon the premises and property owned or operated by railroad companies.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  The governor of this state is hereby authorized and empowered, upon the application of any railroad company, to appoint and to commission to serve during his pleasure one or more persons having the residential qualifications of an elector, designated by such company, and to serve at the sole expense of such company, as policeman or policemen, with the powers of peace officers, and who, after being duly sworn, may act as such policeman or policeman upon the premises or property owned or operated by such company. The company designating such person or persons shall be responsible civilly for any abuse of his or their authority.

Providing for railroad police

Company responsible

Officer must wear star

Repeal

      Sec. 2.  Every such policeman shall, when on duty, wear in plain view a star bearing the words “Railroad Police,” and the name of the company for which he is commissioned.

      Sec. 3.  This act shall take effect immediately.

Amending school law

High-school tax in counties without regular county high school

Conditions high schools must comply with

When commissioners may reduce tax for high schools

[Assembly Bill No. 116–Mr. Cross]

Chap. 164–An Act to amend section 1 of an act entitled “An act to authorize county commissioners, in counties not having high schools, to aid district high schools, under certain conditions, and other matters properly connected therewith,” approved March 9, 1915, approved March 25, 1919.

[Approved March 22, 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:

High-School Tax in Counties Without Regular County High School

      Section 1.  In any county in which no county high school is located, the county commissioners, at the time of making the annual levy for said county, if petitioned by the board of trustees of the district high school in any county having but one duly organized high school, or the several boards of trustees of the district high schools in counties having more than one such high school, shall levy a county tax for high-school purposes of not less than twenty cents (20c), or such a part thereof as is shown in said petitions to be necessary, on the hundred dollars ($100) of assessed valuation of the county, for the benefit of any district high school or schools that comply with the following conditions:

      1.  That the said high school or schools shall have standard courses in commercial work or manual arts, or domestic arts, or standard courses in agriculture;

      2.  That the board of school trustees of each district interested shall have passed a resolution opening their high school to all properly qualified students of the county;

      3.  That the board of school trustees of the district or districts having high schools as described in paragraph 1 of these conditions shall each have levied a special district tax of not less than twenty cents (20c) on the hundred ($100) dollars of the assessed valuation.

      Should the board of trustees of the district or districts each make petitions as provided in section 1 of the above-entitled act and each comply with condition 1 and condition 2 of said act, but levy a special district tax of less than twenty cents (20c) on the hundred ($100) dollars of assessed valuation, then the board of county commissioners may, for the year in which said special district tax of less than twenty cents (20c) is levied, reduce the county tax rate for high schools by the same number of cents on the hundred ($100) dollars of assessed valuation.

may, for the year in which said special district tax of less than twenty cents (20c) is levied, reduce the county tax rate for high schools by the same number of cents on the hundred ($100) dollars of assessed valuation.

      If, on approval of this act, the tax levy for 1921 shall have been fixed, as required by law, the boards of county commissioners of all counties affected by this act are hereby required to change said tax levy as herein provided for, if petitioned by the board of school trustees of boards of school trustees so to do within thirty days after the passage and approval of this act.

Tax levy for 1921

[Assembly Bill No. 125–Mr. Spellier]

Chap. 165–An Act to provide for the equipment and completion of a mining experiment station building at the University of Nevada; providing for the issuance and sale of bonds therefor and the redemption thereof.

[Approved March 22, 1921]

      Whereas, The federal government has assigned a mining experiment station to the State of Nevada to be located at the University of Nevada, upon condition that the State of Nevada properly house same; and

      Whereas, The sum of $30,000 authorized by chapter 67, Statutes of Nevada, 1919, was not sufficient to provide the housing space required by said mining experiment station:

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

Assembly, do enact as follows:

      Section 1.  The governor, state controller, and state treasurer are hereby constituted a commission and hereby authorized, directed, and empowered to prepare and issue bonds of the State of Nevada in the sum of ten thousand dollars ($10,000). Said bonds shall be in denominations of five hundred dollars ($500) each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor and endorsed by the state treasurer, and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at a rate not to exceed six per cent (6%) per annum, payable semiannually, and shall be payable within twenty years from date of issuance.

      Sec. 2.  Upon the issuance and execution of said bonds the same shall be sold to the highest and best bidder, giving preference to the State of Nevada; provided, that any and all binds may be rejected. When so sold the state controller shall place the proceeds of said sale in a fund to be known as the “University Mining Experiment Station Building Fund.” At least two of said bonds of five hundred dollars each shall be redeemed each year, commencing June 1, 1922, and annually thereafter on same date.

Preamble

Bonds ($10,000) for completion of mining experiment station

“University Mining Experiment Station Building Fund”

State tax 1/10 cent

Limited to $10,000

All bills paid from said fund

each shall be redeemed each year, commencing June 1, 1922, and annually thereafter on same date.

      Sec. 3.  There shall be annually levied an ad valorem tax of one-tenth of one cent on each hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the university mining experiment station building interest and redemption fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. If after the payment of interest and the redemption of the number of bonds, as herein provided for, there shall remain a surplus in said fund, such surplus shall be used for the retirement and cancelation of additional bonds provided in this act to the amount of such surplus.

      Sec. 4.  The board of regents of the University of Nevada is hereby authorized and directed to complete and equip said mining experiment station building. The cost of said equipment and completion of building shall not exceed the sum of ten thousand dollars ($10,000).

      Sec. 5.  All bills for the employment of architect and for the equipment and completion of said mining experiment station building shall be paid out of the university mining experiment station building fund, herein provided for in section 2, upon bills approved by the board of regents of the University of Nevada and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid.

Bounty for commercial oil well

“Commercial well” defined

Commission created

[Assembly Bill No. 126–Committee on Mines and Mining]

Chap. 166–An Act to provide for the payment of a bounty to encourage the boring of wells in searching for oil, and making an appropriation therefor.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  Any person, firm, company, corporation, or association of persons who first brings into production in the State of Nevada a commercial oil well shall receive as a bounty therefor from the State of Nevada the sum of twenty-five thousand ($25,000) dollars.

      Sec. 2.  A commercial well is hereby defined as a well that produces equivalent of one hundred barrels of oil each day of twenty-four hours for a period of thirty successive days.

      Sec. 3.  The governor, attorney-general, and secretary of state of the State of Nevada are hereby made a commission for carrying out the purposes of this act.

      Sec. 4.  Upon application for the payment of the bounty herein provided the said commission shall determine whether the provisions of this act have been fulfilled, and if the said commission shall so determine it shall issue a certificate to such effect to the state board of examiners.

      Sec. 5.  Upon presentation of a claim for the payment of the bounty herein provided for, accompanied by said certificate, the state board of examiners shall allow such claim in the sum of not to exceed twenty-five thousand ($25,000) dollars, and such claim shall be allowed, approved, and paid in the usual method for allowance, approval, and payment of claims against the state.

      Sec. 6.  The sum of twenty-five thousand ($25,000) dollars is hereby appropriated, out of any moneys in the general fund often state treasury not otherwise appropriated, to carry out the provisions of this act.

Commission to decide as to bounty

When bounty paid

Appropriation, $25,000

[Assembly Substitute for Assembly Bill No. 139–Committee on Agriculture]

Chap. 167–An Act regulating the manner and method of weighing and testing milk and cream and dairy products; providing standard methods for the determining of butter-fat and other content thereof; providing for the appointment of licensed testers; providing ways and means for standardizing measures, scales, weights, and other apparatus used in creameries or factory of dairy products to determine the amount of percentage of fat in milk or cream; making the commissioner of food and drugs the official in charge of the enforcement of this act; making it unlawful to violate any provision of this act, and other matters properly connected therewith.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for any hauler of milk or cream, other than a common carrier, or any person, firm or corporation receiving or purchasing milk or cream by weight or test or both, or by measure or test or both, to fraudulently manipulate the weight, measure or test of milk or cream, or to take unfair samples thereof, or to fraudulently manipulate such samples. Such hauler or other agent shall weigh or measure the milk or cream of each patron accurately and correctly and shall report such weights and measurements accurately and correctly to the creamery or factory. He shall thoroughly mix the milk the milk or cream of each patron by pouring or stirring until such milk or cream is uniform and homogeneous in richness, before the sample is taken from such milk or cream.

Regulating method of weighing and testing milk, cream, and dairy products

False tests declared unlawful

Licensed testers

Licenses revoked, when

Record of tests to be kept

Samples retained for 24 hours or more

taken from such milk or cream. When the weighing or sampling is done at the creamery, shipping station or factory, the same rule shall apply.

      Sec. 2.  It shall be unlawful for any person, firm or corporation, by himself or as the agent, servant, employee or officer of any person, firm or corporation, receiving or purchasing milk or cream on the basis of the amount of butter-fat contained therein, to underread, overread or otherwise fraudulently manipulate the Babcock test used for determining the per cent of butter-fat in milk or cream, or to falsify the records thereof, or to read the test at any other temperature than the correct one, which is one hundred thirty degrees to one hundred forty degrees Fahrenheit, or to pay on the basis of any measurement or weight except the true measurement or weight, which is seventeen and six-tenths cubic centimeters for milk and nine grams or eighteen grams for cream; provided, that in all tests for cream the cream shall be weighed into the test-bottle. All testing of milk or cream purchased on the basis of the amount of butter-fat contained therein shall be done by licensed tester, who shall supervise and be responsible for the operation of the Babcock test of milk or cream. A license shall be issued to such person by the commissioner of food and drugs, whose duty it shall be to examine into the qualifications of the applicant for such license, and every such applicant shall satisfy said officer of his qualifications and comply with the provisions herein, before any license shall be issued to him.

      Sec. 3.  Said licenses shall be revoked at any time by the commissioner of food and drugs, when in his opinion said licensee has not conformed to any or all of the provisions of this act which relate to his duties.

      Sec. 4.  Said licensed tester shall, in addition to the records herein required to be kept, record all tests made by him in a permanent book of record, a form for which shall be supplied by the department, and said tests shall be indelibly recorded in said record-book in such a manner as to identify the patron whose milk or cream has been tested, and also in such a manner as to prevent erasures or changes made in these tests, and said record shall be at all times during business hours kept open to the inspection of the commissioner of food and drugs or his agents, or of any officer of the city and county board of health, or of any peace officer of the city, county or state, or of any patron who may be delivering milk or cream to the plant or place where such tests are made.

      Sec. 5.  Such licensed tester also shall retain in testable condition a sample of all milk or cream so tested by him for a period of not less than twenty-four hours after said tests of milk or cream have been made, and said tester shall be responsible for the safe keeping of such samples of milk or cream and shall retain the same in his custody for said period of time.

of time. The commissioner of food and drugs shall make uniform rules and regulations for the proper enforcement of this act and the same shall be printed in the state printing office and distributed by the commissioner of food and drugs upon application therefor to licensed or other dairymen, creameries and other parties interested in the same. The said commissioner shall make analyses of all samples of milk or cream submitted to him, charging therefor only actual cost exclusive of his salary, when the same are presented in suitable standard containers to be furnished by said commissioner of food and drugs and under directors for taking said samples as he may prescribe.

      Sec. 6.  Every creamery, shipping station, milk factory, cheese factory, ice-cream factory, condensery, or any person, firm or corporation receiving or purchasing milk or cream on the basis of butter-fat contained therein, shall be required to hold a license so to do. The license shall be issued to such creamery, shipping station, milk factory, condensery, ice-cream factory, cheese factory, or person, firm or corporation by the commissioner of food and drugs upon complying with all sanitary laws, rules and regulations of the State of Nevada, and upon complying with the provisions of this act and upon payment of a license fee as provided for in this act.

      Sec. 7.  All licenses required herein shall expire on the thirty-first day of December of each year, and the fee for issuing same shall be one dollar for a full year or fraction thereof. The licenses may be revoked by the commissioner of food and drugs if, after due notice, the licensee fails or has failed to comply with the laws, rules, and regulations under which the license was granted; provided, that the provisions of this section shall not apply to individuals, hotels, restaurants, or boarding-houses, buying milk or cream for private use.

      Sec. 8.  The commissioner of food and drugs shall, from time to time, inspect and examine as to their accuracy, or their adaptability to give accurate results, all glassware, measures, scales, weights and other apparatus used in creameries and factories of dairy products, where milk and cream are purchased, to determine the amount of percentage of fat in milk or cream. Said commissioner of food and drugs shall supply at cost, and not oftener than once a year, to every creamery, or other factory of dairy products where milk and cream, or either, are purchased, on application, not more than two tubes or bottles and one pipette of the forms used with the Babcock test, which he shall first examine as to accuracy, and if accurate, or adapted to give accurate results under the usual method of operating the Babcock test, said commissioner of food and drugs shall certify to this by marking durably and permanently upon each and every piece of apparatus supplied the letters “C. F. D.”

Containers furnished by food-and-drugs commissioner

Creamery, etc., must have license from food-and-drugs commissioner

Licenses expire each Dec. 31

Food-and-drugs commissioner to inspect measures, etc.

To mark apparatus

Fee for testing

State’s standard measure specified

Babcock test for all cream sold

Details of requisites

Proviso

Penalty

Said commissioner of food and drugs shall also, upon payment at the rate of one dollar for each dozen, test or examine into the accuracy of all test-bottles or tubes and pipettes sent to it direct from any creamery, or other factory of dairy products, where milk or cream is purchased, and if found accurate, or adapted to give accurate results, the letters “C. F. D.” shall be marked upon each piece of apparatus examined.

      Sec. 9.  That state’s standard measure, or pipette, shall have a capacity of seventeen and six-tenths cubic centimeters, and the standard test-tubes or bottles for milk shall have a capacity of one cubic centimeter of mercury at a temperature of 65 degrees Fahrenheit between “zero” and “five” on the graduated scale on the neck thereof; the scale to have a length of not less than six and five-tenths (6.5) millimeters for each per cent, or six and five-tenths centimeters between zero and ten on the graduated scale on the neck thereof, said scale to be graduated to at least two-tenths of one per cent. The milk-fat in the neck of said bottle to be read from the lower line separation between the fat and the water to the top of the fat column at a temperature not lower than 130 degrees Fahrenheit and not higher than 140 degrees Fahrenheit.

      All cream sold in the State of Nevada on the basis of the richness or the percentage of milk-fat contained therein shall be tested by the Babcock test, using a weighed sample of eighteen grams, or a weighed sample of nine grams (results to be doubled), weighed on a balance sensitive to 10 milligrams, and tested in a test-bottle with a scale graduated to at least five-tenths of one per cent, said scale to be of a length of at least one centimeter to every five per cent where an eighteen-gram sample is used. Where a nine-gram sample is used in a bottle graduated for eighteen grams, the test-bottle must have a scale graduated to at least two-tenths of one per cent, said scale to be a length of at least two centimeters to every five per cent. Where a nine-gram sample is used in a bottle graduated for nine grams, the test-bottle shall have a scale graduated to five-tenths of one per cent and shall be of a length not less than seven centimeters for every fifty per cent. The milk-fat in the test-bottle shall be read at a temperature not lower than 130 degrees Fahrenheit and not higher than 140 degrees Fahrenheit. The fat column must be read from the bottom of the lower meniscus to the bottom of the upper meniscus; provided, however, that no test-bottles now in use in an creamery or other factory of dairy products or by any private party in this state shall be condemned or declared unfit for use prior to the expiration of one year from the taking effect of this act, if the scale thereof is correctly calibrated.

      Sec. 10.  Any person violating any provision of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail of not less than thirty days nor more than six months, or by both such fine and imprisonment.

thereof shall be fined in the sum of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail of not less than thirty days nor more than six months, or by both such fine and imprisonment.

      Sec. 11.  All moneys received by the commissioner of food and drugs shall be accounted for by him annually to the state treasury. Such moneys as are received by the commissioner of food and drugs under the provisions of this act may be used by such commissioner for expenses necessary or incident to the carrying into effect of this act and for performing such duties as are required of him hereunder, and the overplus, if any, paid into the state treasury annually at the time of making his annual accounting.

      This act shall be effective from and after April 1, 1921.

Moneys must be accounted for

In effect

[Assembly Bill No. 143–Mr. Henderson]

Chap. 168–An Act to provide for the teaching of thrift in the public schools of Nevada.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  It is hereby made the duty of all teachers in the public schools in the State of Nevada to teach in their respective schools lessons on the subject of thrift. These lessons shall emphasize the importance of industry, production, earning, wise spending, regular saving, and safe investment; also, the importance of thrift in time and material.

      Sec. 2.  It shall be the duty of the state board of education to prepare courses of study on the subject of thrift as outlined in section 1, the same to be a part of the state courses of study for elementary and high schools.

Public-school teachers to teach thrift

State board to prepare course in thrift

[Assembly Bill No. 168–Mr. Gummow]

Chap. 169–An Act to prevent injury to oil-, gas-, or petroleum-bearing strata or formations by the penetration or infiltration of water therein, providing the method of abandoning oil wells, for the appointment of oil commissioners to enforce this act, and fixing penalties for the violation thereof.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  It shall be the duty of the owner of any well now drilled or that may be drilled in the State of Nevada on lands containing or producing oil, gas, or petroleum, to properly case such wells with metal casing in accordance with approved methods, and to effectually shut off all water overlying or underlying the oil-bearing strata and to effectually prevent any water from penetrating such oil-bearing strata.

Duties of owners of oil wells

Duties of oil commissioner

Well owners must take precautionary measures on abandoning well

Oil commissioner to approve

Further duties of well owners

properly case such wells with metal casing in accordance with approved methods, and to effectually shut off all water overlying or underlying the oil-bearing strata and to effectually prevent any water from penetrating such oil-bearing strata.

      Sec. 2.  Whenever it appears to the oil commissioner hereinafter provided for that any water is penetrating oil- or gas-bearing strata, he may order a test of water shut-off and designate a day upon which the same shall be held. Said order shall be in written form and served upon the owner of said well at least ten days prior to the day designated in said order as the day upon which said shut-off test shall be held. Upon the receipt of such order it shall be the duty of the owner to hold said test in the manner and at the time prescribed in said order.

      Sec. 3.  It shall be the duty of the owner of any well referred to in this act, before abandoning the same, or before removing the rig, derrick, or other operating structure therefrom, or removing any portion of the casing therefrom to use every effort and endeavor, in accordance with methods approved by the oil commissioner, to shut off and exclude all water from entering oil-bearing strata encountered in the well. Before any well is abandoned the owner shall give written notice to the oil commissioner of his intention to abandon such well and of his intention to remove the derrick or any portion of the casing from such well and the date upon which such work of abandonment or removal shall begin. The notice shall be given to the oil commissioner at least five days before such proposed abandonment or removal. The owner shall furnish the oil commissioner with such information as he may request, showing the condition of the well and proposed method of abandonment or removal. The oil commissioner shall, before the proposed date of abandonment or removal, furnish the owner with a written order of approval of his proposal or a written order stating what work will be necessary before approval to abandon or remove will be given. If the commissioner shall fail within the specified time to give the owner a written order, such failure shall be considered as an approval of the owner’s proposal to abandon the well, or to remove the rig or casing therefrom.

      Sec. 4.  It shall be the duty of the owner of any well referred to in this act, before abandoning the same, to withdraw the casing therefrom, if possible, and to securely fill such well with clay, earth, or cement mortar, or other good and sufficient materials, used alone or in combination, and thoroughly pack and tamp the same into such well to a point as far above the uppermost oil-bearing strata as the commissioner may decide shall be necessary, and while withdrawing the casing therefrom to effectually and permanently shut off and exclude all water underlying and overlying said oil-bearing strata, and to the satisfaction of the commissioner, whether any oil-bearing strata has been encountered or not.

      Sec. 5.  It shall be the duty of the owner of any well referred to in this act to keep a careful and accurate log of the drilling of such well, such log to show the character and depth of the formations passed through or encountered in the drilling of such well, and particularly to show the location and depth of the water-bearing strata, together with the character of the water encountered from time to time, and to show at what point such water was shut off, if at all, and if not to so state in such log, and show the depth at which oil-bearing strata is encountered, the depth and character of the same, and whether all water overlying and underlying such oil-bearing strata was successfully and permanently shut off so as to such oil-bearing strata prevent the percolation or penetration into such oil-bearing strata of such water; said record of well to be kept on file and subject to the inspection of the oil commissioner at any time during business hours.

      Sec. 6.  The term “owner,” as herein used, shall mean and include each and every person, persons, partnership, copartnership, association, corporation, trustee or trustees, owning, leasing, managing, operating, drilling or possessing any well mentioned in this act, either as principal or principals, lessee or lessees of such principal or principals, contractor or contractors, and their and each of their employees.

      The term “oil-bearing strata,” as herein used, shall mean and include any bed, seam, or stratum of rock or sand or other material which contains, includes, or yields oil, rock-oil, or petroleum oil, or natural gas, or either of them.

      Sec. 7.  In order to carry out the provisions of this act, upon petition of three or more operating oil companies, within the county, it shall be the duty of the board of county commissioners of said county to appoint a commissioner, who shall hold office at the pleasure of said board of county commissioners. The duties of said commissioner shall be to see that the provisions of this act shall be enforced. He shall be designated and known as “Oil Commissioner.” The compensation of said commissioner shall be fixed by the said board of county commissioners and shall be paid out of the general county fund; provided, however, that the salary of the oil commissioner shall not exceed one hundred and fifty dollars per month.

      Sec. 8.  Upon the filing of a complaint with said commissioner alleging the violation of any of the provisions of this act, it shall be the duty of the commissioner, if so requested by the complainants, to make or cause to be made a thorough investigation of the well and premises complained of, to determine whether or not any of the provisions of this act have been violated, and the said commissioner may enter upon the premises where such well is situated, with such necessary agents and assistants as he may require to conduct such investigation. If an action be commenced against the owner of the well complained of, and the defendant be convicted of a violation of any provision of this act, he shall, in addition to the penalties hereafter set forth, pay all reasonable and proper costs incident to the making of such investigation; otherwise the cost of such investigation shall be paid by the complaining parties.

Owner must keep log of well drilling

“Owner” defined

“Oil-bearing strata” defined

Oil commissioner, appointment of

Salary not to exceed $150

Duties of oil commissioner

When well declared public nuisance

Penalties

of a violation of any provision of this act, he shall, in addition to the penalties hereafter set forth, pay all reasonable and proper costs incident to the making of such investigation; otherwise the cost of such investigation shall be paid by the complaining parties. The commissioner shall have the authority, however, to investigate any well or premises upon which a well is being drilled, or has been drilled, whether any complaint has been made or not.

      Sec. 9.  Any well drilled and abandoned in violation of the provisions of this act is hereby declared a public nuisance. If any well under the provisions of this act be declared a public nuisance, it shall be the duty of the oil commissioner of the county in which such well is situated to enter upon the premises, take possession of such well and to abate said nuisance, and to take all necessary steps to prevent the percolation or penetration of water into the oil-bearing strata. He shall keep an accurate account of the expense of such work and all expenses so incurred shall be a charge against the owner of such well and a lien upon the same, to be recovered in an action by the district attorney of the county in which said well is situated.

      Sec. 10.  Any person violating any of the provisions of this act shall be guilty of a misdemeanor. Any owner of any well referred to in this act who refuses to permit the oil commissioner or any of his duly appointed agents or deputies to inspect the same or who wilfully hinders or delays the said commissioner or any of his said agents or deputies in the performance of his duty, is guilty of a misdemeanor.

Fees of justice of peace of Reno township

[Assembly Bill No. 171–Mr. Heward]

Chap. 170–An Act regulating and fixing the fees to be charged and collected by the justice of the peace of Reno township, and repealing all acts or parts of acts in conflict herewith.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  The justice of the peace of Reno township shall be allowed to charge, and to collect, the following fees:

      On the commencement of any action or proceeding in the justice’s court, Reno township, to be paid by the party commencing such action or proceeding, five dollars.

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them upon the filing of the first paper in the action, or at the time of the appearance if the appearance or answer be oral, two dollars; for every additional dependent, appearing separately, one dollar.

      For entering judgment by default or confession, one dollar.

      For issuing commission to take testimony, one dollar.

      The foregoing fees shall be in full for all services rendered by said justice of the peace in the case, to and including entering satisfaction of or credit on judgment.

      For filing a notice of appeal, and appeal bonds, each, one dollar; provided, however, but one charge shall be made if both papers are filed at the same time.

      For issuing supersedeas to an execution, one dollar.

      For making up and transmitting transcript and papers on appeal, five dollars.

      For taking depositions, per folio, thirty-five cents.

      For taking acknowledgments of any instrument, fifty cents.

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

      For celebrating marriage and returning certificate to recorder, five dollars.

      Sec. 2.  All civil fees and all other fees shall be accounted for and paid over monthly not later than the tenth day of the next succeeding month in which such fees were collected by the said justice of the peace to the county treasurer of Washoe County.

      Sec. 3.  All fees collected by said justice of the peace for celebrating marriage and returning certificates to recorder shall be retained by said justice of the peace as a perquisite of his office.

      Sec. 4.  No fees shall be charged or collected by said justice of the peace for any services rendered in any criminal case wherein the State of Nevada is plaintiff; provided, that no fee shall be charged by the justice of the peace to the State of Nevada, or the county of Washoe or city of Reno, or any officer of any of the same, which such officer is acting in an official capacity in any case.

      Sec. 5.  This act shall take effect and be in force on and after the first day of April, nineteen hundred twenty-one.

Fees of Reno justice of the peace

Fees paid monthly to county treasurer

Certain fees retained by justice

No fees charged, when

In effect April 1, 1921

[Assembly Bill No. 172–Mr. Whitacre]

Chap. 171–An Act to amend section 23 of an act entitled “An act to amend an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,’ approved March 24, 1915.”

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 23 is hereby amended so as to read as follows:

      Section 23.  The board of county commissioners of each county shall constitute a board of equalization, of which board the clerk of the board of county commissioners shall be the clerk.

County board of equalization

Meet in July

Sitting limited

Duty of clerk

Published in newspaper or by posting

State board of equalization

Recorder to attend on county board

board the clerk of the board of county commissioners shall be the clerk. The board of equalization of each county shall meet on the fourth Monday of July in each year, and shall continue in session from time to time until the business of equalization presented to them is disposed of; provided, however, that they shall not sit after the fourth Monday in August. The board shall have power to determine the valuation of any property assessed, and may change and correct any valuation, either by adding thereto or deducting therefrom such sum as shall be necessary to make it conform to the actual cash value of the property assessed, whether said valuation was fixed by the owner or assessor; except that in case where the person complaining of the assessment has refused to give the assessor his list under oath, as required by this act, no reduction shall be made by the board in the assessment made by the assessor. If the board finds it necessary to add to the assessed valuation of any property on the assessment roll, they shall direct the clerk to give notice to the person so interested, by letter, deposited in the postoffice, or express, or otherwise, naming the day when they shall act in that case, and allowing a reasonable time to appear. As soon as possible after the adjournment of the board in August, its clerk shall make out a list of all persons who have not appeared before the board, the valuation of whose property has been added to on the assessment roll, and shall state the amount so added, and list of all property, the valuation on which has been added to on the assessment roll, with the amounts so added, the owners of which have not appeared before the board; and the board of county commissioners shall cause the same to be published in one newspaper in the county, if there be any, and if not, then by posting one copy of the same in a public place in each election precinct in the county, and any person, to the assessed value of whose property there was an amount added, not appearing before the board of equalization, may appear before the state board of equalization at its next regular session, and upon making an affidavit that he had no knowledge of such increased valuation of his property, he shall be given a hearing and final judgment of the state board, and the secretary of the state board shall note all changes made and certify them to the county auditor, who shall make the changes required on the assessment roll. The recorder of the county shall be present and attend all meetings of the county board of equalization, with an abstract of all unsatisfied mortgages and liens shown in the records of his office, arranged in alphabetical order, for which service he shall receive no compensation, and the county board of equalization shall make use of said abstract, and all other information that it can procure from the recorder of his office, or otherwise, in equalizing the assessment roll of the county, and may require the assessor to enter upon such assessment roll any other property which has not been assessed; and the assessment and equalization so made shall have the same force and effect as if made by the assessor before the delivery of the assessment roll by him to the clerk of the board of county commissioners.

require the assessor to enter upon such assessment roll any other property which has not been assessed; and the assessment and equalization so made shall have the same force and effect as if made by the assessor before the delivery of the assessment roll by him to the clerk of the board of county commissioners.

Final force and effect

[Assembly Bill No. 177–Mr. Henderson]

Chap. 172–An Act granting to contractors for, patentees of and purchasers of lands from the State of Nevada, the oil, gas, coal and oil shales lying within such lands and repealing such acts and parts of acts as are in conflict herewith.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  Every person, corporation, or association, his, her, or its heirs, assigns or lawful successors, who has a subsisting contract with the State of Nevada for the purchase of any lands of the State of Nevada or who may hereafter contract with the State of Nevada for the purchase of any of its public lands, and every patentee of lands purchased from the State of Nevada, shall, subject to the royalty provision hereinafter reserved, be deemed and held to have the right to the exclusive possession of the lands described in such contract, including all gas, coal, oil and oil shales that may exist in such lands; and every person, corporation, or association, his, her, or its heirs, assigns, or lawful successors, who has heretofore received or shall hereafter receive or be entitled to receive any patent or deed from this state granting to him, her or it any such lands, shall, subject to the royalty provision hereinafter reserved, be deemed to have the fee-simple title to the lands described in such patent or deed, including all gas, coal, oil and oil shales which may exist therein; provided, however, that any such contract holder or patentee shall pay to the State of Nevada for the fund which was the original beneficiary of such lands a royalty of five (5%) per cent of the net proceeds of all gas, coal, or oil mined or extracted therefrom.

      Sec. 2.  Nothing in this act contained shall be construed as impairing any rights heretofore acquired under existing laws to any such lands or rights therein.

      Sec. 3.  All acts or parts of acts in conflict herewith are hereby repealed.

Exclusive possession of gas, coal, and oil shales to all state land contractors

Royalty to state, 5%

Not to impair previous rights

Repeal

Eminent domain may be exercised for certain cases

[Assembly Substitute for Assembly Bill No. 180–Mr. Gummow]

Chap. 173–An Act to amend section 664 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 5606, Revised Laws of Nevada.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 664 of the above-entitled act is hereby amended to read as follows:

      Section 664.  Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:

      1.  All public uses authorized by the government of the United States.

      2.  Public buildings and grounds for the use of the state, and all other public uses authorized by the legislature.

      3.  Public buildings and grounds for the use of any county, incorporated city or town, or school district; reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, or incorporated city or town, or for draining any county, or incorporated city or town; for raising the banks of streams, removing obstructions therefrom, and widening, deepening, or straightening their channels, for roads, streets, and alleys, and all other public uses for the benefit of any county, incorporated city or town, or the inhabitants thereof.

      4.  Wharves, docks, piers, chutes, booms, ferries, bridges, toll-roads, by-roads, plank and turnpike roads, roads for transportation by traction engines or road locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.

      5.  Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts, and pipes for supplying persons, mines, mills, smelters, or other works, for the reduction of ores, with water for domestic and other uses, or for irrigating purposes, or for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

      6.  Roads, railroads, tramways, tunnels, ditches, flumes, pipes, and dumping-places to facilitate the milling, smelting, or other reduction of ores, or the working of mines, and for all mining purposes; outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other works for the reduction of ores, or from mines, mill dams, natural gas or oil pipe-lines, tanks or reservoirs; also an occupancy in common by the owners or possessors of different mines, mills, smelters, or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter; also necessary land upon which to erect smelters and to operate the same successfully, including deposition of fine flue dust, fumes and smoke.

upon which to erect smelters and to operate the same successfully, including deposition of fine flue dust, fumes and smoke.

      7.  By-roads leading from highways to residences and farms.

      8.  Telegraph, telephone, electric light, and electric power lines, and sites for electric light and power plants.

      9.  Sewerage of any city, or town, of any settlement of not less than ten families, or of any public building belonging to the state, or of any college or university.

      10.  Canals, reservoirs, dams, ditches, flumes, aqueducts, and pipes for supplying and storing water for the operation of machinery for the purpose of generating and transmitting electricity for power, light, or heat.

      11.  Cemeteries or public parks.

      12.  Pipe-lines for the purpose of conducting any and all liquids connected with the manufacture of beet sugar.

      13.  Pipe-lines for the transportation of crude petroleum to or for the public, for hire or otherwise, from any oil filed or place of production within the State of Nevada to any distributing, refining, or marketing center or reshipping point thereof, or otherwise.

Eminent domain may be exercised for certain uses

[Assembly Bill No. 181–Committee on Claims]

Chap. 174–An Act for the relief of the Elko lumber company and the Henderson banking company.

[Approved March 22, 1921]

      Whereas, During the year 1920 the Elko lumber company, at the special instance and request of the Nevada school of industry, delivered and furnished to said school certain material at and for the price of eighty-four dollars ninety-six cents ($84.96); and

      Whereas, During the same year the Henderson banking company permitted an overdraft of the account of the said Nevada school of industry to the extent of fourteen dollars sixteen cents ($14.16); and

      Whereas, There was ample funds in the appropriation for the building and equipping of the manual-training building of said Nevada school of industry to meet both of the above-mentioned accounts; and

      Whereas, Owing to the failure of the said Nevada school of industry to present said claims in due time, the balance remaining in the said appropriation for the building and equipping of the manual-training building reverted to the general fund of the state; and

      Whereas, The above-mentioned accounts are just and valid claims against the State of Nevada, and would have been paid out of the fund had they been presented in apt time; now, therefore,

Preamble

Appropriation, $99.12

been paid out of the fund had they been presented in apt time; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The state controller is hereby authorized and directed to draw his warrant in favor of said Elko lumber company for the sum of $84.96, and in favor of the Henderson banking company for the sum of $14.16, and the state treasurer is hereby directed to pay the said warrants.

      Sec. 2.  The sum of ninety-nine dollars twelve cents ($99.12) is hereby appropriated, out of the general fund in the state treasury not otherwise appropriated, in payment of the aforesaid claims.

Mining schools maintained-one-fourth by county; three-fourths by state and federal government

Must adhere to budget

County commissioners to provide in budget for county’s share

[Assembly Bill No. 186–Mr. Tannahill]

Chap. 175–An Act to amend section 5 of an act entitled “An act creating schools of mines in Virginia City, Tonopah, Goldfield, and in the Ely mining district, Nevada; providing for the control of said schools, and making appropriations therefor,” approved March 25, 1919.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

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

      Section 5.  On and after January 1, 1921, the said mining schools shall be maintained as local, state and federal cooperative enterprises in which one-fourth of the salaries and other maintenance costs of said schools shall be borne by the respective counties wherein said schools are situated and three-fourths thereof shall be borne by the state and the federal government under the terms of the Smith-Hughes vocational education act and the state act or acts accepting the benefits of the same.

      It is further provided: That each of the aforesaid schools shall confine its expenditures to items and amounts named in its budget approved by the state board for vocational education, and that financial support from state and federal funds shall be available in the form of a quarterly subsidy amounting to three-fourths of all submitted bills of expense properly receipted, authorized and approved.

      The respective boards of county commissioners in the counties in which said schools are located shall in preparing budgets on estimated expenditures for the years 1921 and thereafter provide in the tax levies of the preceding year for sufficient moneys to permit of county cooperation in the support of the said schools as aforesaid, and any county failing to make such provision shall forfeit the right to state and federal moneys for the support of the mining schools situated therein and the right to receive moneys from the state vocational fund.

failing to make such provision shall forfeit the right to state and federal moneys for the support of the mining schools situated therein and the right to receive moneys from the state vocational fund.

[Assembly Bill No. 188–Mr. Heward]

Chap. 176–An Act to amend an act entitled “An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended by act approved March 24, 1913, as amended by act approved March 17, 1915.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 410 of the above-entitled act is hereby amended so as to read as follows:

      Section 410.  Whenever any person shall be convicted of any felony for which no fixed period of confinement is imposed by law and where a judgment of confinement is rendered, the court shall, in addition to any fine or forfeiture which he may impose, direct that such person be confined in the state prison for an indeterminate term limited only by the minimum and maximum term of imprisonment prescribed by law for the offense of which such person shall be convicted; and where no minimum term of imprisonment is prescribed by law, the court shall fix the minimum term in his discretion at not less than one year nor more than five years, and where no maximum term of imprisonment is prescribed by law, the court shall fix such maximum term of imprisonment. Immediately after the rendition of judgment in such case, the district attorney who prosecuted same shall transmit to the secretary of the board of pardons and parole commissioners a written statement of facts within his knowledge which may aid said board in the exercise of the powers conferred by section 411 of this act, and may include in such statement such comments as he may deem pertinent. A copy thereof shall be transmitted at the same time to the district judge who presided at the trial, and as soon as possible after the delivery of the prisoner to the penitentiary, and not later than ninety days thereafter, the warden shall transmit to said trial judge a statement setting forth results of investigation of prior record of said prisoner. Within ten days after receipt of the warden’s statement, said trial judge shall transmit to the secretary of the board of pardons and parole commissioners a written statement containing facts and comments pertinent to the case, and he shall therein recommend some fixed period for confinement of the defendant within the limits of the sentence imposed.

Indeterminate sentence, how fixed

Statement of facts to board of pardons and parole commissioners

Copy of same to judge who presided; warden to investigate prior record of prisoner

Judge to recommend fixed period of sentence

Employed children to attend part-time schools

Excused, when

Parents, etc., to send employed child to part-time schools; exception

Penalty

[Assembly Bill No. 190–Mr. Cross]

Chap. 177–An Act to amend an act entitled “An act to provide for the establishment of part-time schools and classes and to compel attendance of minors upon such schools and classes,” approved March 25, 1919.

[Approved March 22, 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 to read as follows:

      Section 3.  All employed children of the state between the ages of fourteen and eighteen years shall attend part-time classes established in their respective districts as hereinafter provided, unless they have completed the eight grades of the prescribed grammar-school course, or the equivalent thereof, and are excused from attendance by authority of the board of school trustees for any of the following reasons:

      1.  That such attendance would endanger the security of employment in a highly desirable and respectable position;

      2.  That the distance between the place of employment and the school building is so great as to make part-time attendance impossible or impracticable;

      3.  That the student is bound to an apprenticeship under a satisfactory contract;

      4.  That the student is excused from attendance in accordance with the terms of subdivisions 1, 2, and 3 of section 203, chapter 133, Statutes of Nevada, 1911, including all amendments thereto.

      Sec. 2.  Section 10 of the above-entitled act is hereby amended to read as follows:

      Section 10.  Every parent, guardian, or other person in the State of Nevada, having control of any child between the ages of fourteen and eighteen years, and at work, shall be required to send such child to a part-time school or class, whenever there shall have been such part-time school or class established in the district where the child resides or may be employed, unless excused in accordance with the provisions of section 3 of this act.

      Sec. 3.  Section 11 of the above-entitled act is hereby amended to read as follows:

      Section 11.  In case any parent, guardian, or other person in the State of Nevada having control or charge of any child or children between the ages of fourteen and eighteen years shall fail to comply with the provisions of this act, he shall be deemed guilty of misdemeanor and shall, on conviction thereof, be subject to a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) or by imprisonment in the county or city jail not less than two nor more than ten days, or by both such fine and imprisonment at the discretion of the court.

than ten days, or by both such fine and imprisonment at the discretion of the court.

      Sec. 4.  Section 15 of the above-entitled act is hereby amended to read as follows:

      Section 15.  In the foregoing sections the expression “school board of any school district” refers to the board of trustees in control of the high school, or, in its absence, the elementary school.

“School board” defined

[Assembly Bill No. 192–Committee on Claims]

Chap. 178–An Act for the relief of Groesbeck & O’Brien Co.

[Approved March 22, 1921]

      Whereas, Groesbeck & O’Brien Co. did furnish the state hospital for mental diseases thirty coffins for the burial of indigent dead from that institution in the period from June 1, 1917, to December 26, 1918, and said coffins were reasonably worth the sum of one hundred thirty-six dollars and fifty cents ($136.50); and

      Whereas, Payment for said coffins has never been made, and the board of examiners has examined a claim for the same and recommends its allowance in the sum named; therefore:

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

Assembly, do enact as follows:

      Section 1.  That the state controller shall draw his warrant, and the state treasurer pay the same, in favor of Groesbeck & O’Brien Co. in the sum of one hundred thirty-six and fifty one-hundredths ($136.50) dollars in full payment and settlement of the claim mentioned in the preamble of this act, out of any moneys in the state treasury not otherwise appropriated.

Preamble; to pay for coffins of indigent dead

[Assembly Bill No. 194–Miss Averill]

Chap. 179–An Act to amend “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, and acts amendatory thereof.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  Section 79 of said act is hereby repealed, said repeal to be in effect on and after September 1, 1921.

      Sec. 2.  Section 80 of said act is hereby amended to read as follows:

      Section 80.  From and after September first, nineteen hundred and eleven, no school district, except when newly organized,

Appropriation, $136.50

Sec. 79 of school law repealed

When school district receives no money

Division of district

Distribution of emergency school fund

Apportionment of state distributive school fund

organized, in which there was not taught, by a legally qualified teacher, a public school for a term of at least six months of the school year ending the last day of June preceding, with at least three children of school age in actual attendance for one hundred days, shall receive any portion of the public school moneys. When a new district is formed by the division of an old one, it shall be entitled to a just share of the school moneys to the credit of the old district, after the payment of all outstanding debts at the time when a school was actually commenced in such new district; and the superintendent of public instruction shall divide and apportion such remaining money according to the number of census children resident in each district, for which purpose he may order a census to be taken, the expenses of which shall be met as provided in section 133 of this act.

      Sec. 3.  Section 93 is hereby amended to read as follows:

      Section 93.  The money in the emergency school fund, or such part thereof as may be necessary, shall be distributed to the various districts entitled thereto on the basis of teachers-one teacher to every fifty census children or fraction thereof; and not more than two hundred and fifty dollars shall be allowed for any one teacher. The money thus distributed shall be used only in payment of salaries of teachers. The superintendent of public instruction shall submit to the state board of education lists of school districts entitled to money under the provisions of this act, and estimates of the amount of money necessary for each district. Upon notice from the superintendent of public instruction that an emergency apportionment has been made to any school district as herein provided, the board of county commissioners shall transfer from the county general fund to the credit of such district the sum of one hundred dollars.

      Sec. 4.  Section 151 is hereby amended to read as follows:

      Section 151.  It shall be the duty of the superintendent of public instruction, immediately after the state controller shall have made his semiannual report, to apportion the state distributive school fund, subject to apportionment at such time. He shall apportion the moneys of said fund amount the several counties of the state in the following manner:

      1.  He must ascertain the number of teachers to which each school district is entitled by calculating one teacher for every thirty school-census children or fractional part of thirty equal to fifteen or more; provided, that a school having an average attendance of twenty or more, as shown by the report of such district for the last preceding school year, shall be allowed an extra teacher, if such school has regularly employed two teachers since the preceding semiannual school apportionment.

      2.  He must apportion the state distributive school fund, subject to apportionment at the time, among the several counties of the state in the following manner:

      (a) For the second semiannual apportionment in 1921, he shall apportion $150 for each teacher to which the county is entitled as provided in paragraph 1 of this section. Thereafter at each semiannual apportionment he shall apportion $137.50 for each teacher to which the county is entitled as provided in paragraph 1 of this section; provided, that for districts having an average daily attendance of less than five pupils for the preceding school year, he shall apportion $62.50.

      (b) For the second semiannual apportionment in 1921, he must apportion on a per capita basis from the state distributive school fund $2.50 for every child between the ages of six and eighteen years in the county, as shown by the last preceding school census. Thereafter at each semiannual apportionment he must apportion on a per capita basis from the state distributive school fund $6.50 for every child between the ages of six and eighteen years in the county, as shown by the last preceding school census.

State School Reserve Fund, How Distributed.

      (c) He shall set aside from the state distributive school fund then remaining the sum of $20,000, to be known as the state school reserve fund.

      (d) He shall apportion the balance of the state distributive school fund, after the said $20,000 has been set aside, on a per capita basis in proportion to the number of school-census children in each district to the total number of school-census children in the state, as shown by the last preceding school census.

Relief for Certain Counties Having County High Schools-From State School Reserve Fund.

      3.  (a) Whenever any county has levied 40 cents on the $100 assessed valuation of the county, of which at least 25 cents on the $100 is for elementary-school purposes, in counties where a separate levy is made for elementary schools and a separate levy for county high-school purposes, if such levy does not bring in an amount of money equal to that required by law of such county for all county school purposes, exclusive of school bonds and interest thereon, the superintendent of public instruction must apportion to said county from the state school reserve fund a sum of money such that taken with the amount raised by the levy of 25 cents on the $100 by the county shall be sufficient to make the sum required by law of such county for county school purposes; provided, that in addition to such levy of 25 cents on the $100 the county has levied at least 15 cents on the $100 for county high-school purposes, exclusive of school bonds and interest thereon.

Relief for Certain Counties Not Having County High Schools-From State School Reserve Fund.

      (b) Whenever any county has levied 40 cents on the $100 of the assessed valuation of the county for the combined elementary and high-school purposes in a county having no county high school, if such levy does not bring in an amount of money equal to that required by law of such county for county school purposes, exclusive of school bonds and interest thereon, the superintendent of public instruction must apportion to such county from the state school reserve fund a sum of money such that taken with the amount raised by the levy of 40 cents on the $100 assessed valuation by the county shall be sufficient to make the sum required by law of such county for county school purposes, exclusive of school bonds and interest thereon.

Apportionment of school moneys

State school reserve fund

Relief for certain county high schools

For counties without high schools

Special high-school relief

Special district relief; limitation

elementary and high-school purposes in a county having no county high school, if such levy does not bring in an amount of money equal to that required by law of such county for county school purposes, exclusive of school bonds and interest thereon, the superintendent of public instruction must apportion to such county from the state school reserve fund a sum of money such that taken with the amount raised by the levy of 40 cents on the $100 assessed valuation by the county shall be sufficient to make the sum required by law of such county for county school purposes, exclusive of school bonds and interest thereon.

Special High-School Relief Apportionment, When.

      4.  (a) In addition to the apportionments already provided for in this act, the superintendent of public instruction shall apportion from the state school reserve fund to any county which shall have levied a county high-school tax, when this county high-school tax rate taken with the rate required of the county for elementary schools (any relief rate having been deducted) makes a rate in excess of 40 cents on the $100 assessed valuation of such county, a special high-school relief apportionment, equal in amount to that raised by the county by such tax in excess of 40 cents on the $100 assessed valuation in the county, as specified above, for the county high-school fund. But in no case shall he apportion from the state school reserve at any semiannual apportionment an amount in excess of $12.50 per pupil as determined by the average monthly enrollment in such county high school for the preceding school year.

Special District Relief Apportionment, When-Limitation.

      (b) The superintendent of public instruction shall apportion to any district in the state which after receiving the regular state and county apportionment provided for above shall lack the necessary funds to maintain its school properly, a special district relief apportionment from the state school reserve fund whenever such district shall have levied (and there shall have been collected the first half of) a special district tax of not less than 15 cents on the $100 of assessed valuation of said district. If the county in which such district is located has levied a total tax for county school purposes, exclusive of school bonds and interest thereon, amounting to 40 cents on the $100 assessed valuation of such county, the state shall provide from said state school relief fund a sum of money equal to not more than $5 per census pupil for such relief apportionment to the district; provided, that no district shall receive less than $50 relief apportionment under the provision of this act. In case the county levy for school purposes in the county in which said district is located is less than 40 cents on the $100 assessed valuation for county school purposes, exclusive of school bonds and the interest thereon, the county shall provide from its county general fund such special relief apportionment to be made by the superintendent of public instruction.

its county general fund such special relief apportionment to be made by the superintendent of public instruction.

      (c) Subdivision 4(b) shall not apply to any district having more than 290 census children.

      Sec. 5.  Section 152 is hereby amended to read as follows:

      Section 152.  The superintendent of public instruction shall immediately after he has apportioned the state distributive school fund, as provided in this act, proceed to apportion the combined state distributive school fund and the county school fund belonging to each county among its several school districts as follows:

      (a) For the second semiannual apportionment in 1921, he shall apportion to each district in the several counties $375 for each teacher to which the district is entitled as provided in section 151, paragraph 1. Thereafter at each semiannual apportionment he shall apportion to each district in the several counties $450 for each teacher to which the district is entitled as provided in section 151, paragraph 1; provided, that to districts having an average daily attendance of less than five pupils for the preceding school year, he shall apportion $375.

      (b) For the second semiannual apportionment of 1921, he must further apportion on a per capita basis to each district $5.50 for each child between the ages of six and eighteen years in the school district, as shown by the last preceding school census. Thereafter at each semiannual apportionment he must apportion on a per capita basis to each district $6.50 for each child between the ages of six and eighteen years in the school district, as shown by the last preceding school census.

      (c) He shall apportion the balance remaining in the combined state distributive school fund and county school fund, on a per capita basis in proportion to the number of school-census children in the county, as shown by the last preceding school census.

Joint District Apportionment.

      (d) He shall apportion the amounts of the money due any joint school district formed of parts of two or more counties, in such manner that the counties concerned and the state shall each contribute the regular amounts per census child, and the money due such district on census teacher shall be apportioned to each county in proportion to the number of school-census children residing in that part of said joint school district.

District School Fund-May be Used for What.

      (e) The moneys appropriated to each school district under the provisions of this act together with any moneys raised by special district tax for school maintenance shall be known as the district school fund of such district, and may be used to purchase sites, build or rent school houses, to purchase libraries, to pay teachers or contingent expenses, or for transportation of pupils to and from school, as the school board of such school district may deem proper; and the county treasurers and the county auditors of the several counties of the state shall keep account of said moneys as a single fund for each school district within their respective counties.

When not applicable

State superintendent to apportion combined state and county funds

Methods of apportionment

Minimum

Joint districts

District school fund

County school tax, when

Reserve fund moneys revert

State superintendent to notify county officers

County officers to retain per cent of school salaries for insurance

Such amount sent to Nevada industrial commission

ries, to pay teachers or contingent expenses, or for transportation of pupils to and from school, as the school board of such school district may deem proper; and the county treasurers and the county auditors of the several counties of the state shall keep account of said moneys as a single fund for each school district within their respective counties.

County Commissioners to Levy Sufficient School Tax.

      2.  It shall be the duty of the board of county commissioners of each county not later than the April meeting, 1917, so as to provide funds under this act for the school year 1917-1918, and annually thereafter, at the time of levying their county taxes, to levy a county school tax sufficient to provide the moneys required for the apportionments to be made under this act. And the provisions of this act shall become effective for the first semiannual apportionment in the year 1918, at the time provided in sections 1 and 2 of this act.

Surplus Reserve Fund Moneys to Revert.

      3.  Any money remaining in the state school reserve fund, and in any county school reserve fund on the 30th day of June and the 31st day of December of any year shall revert to the state distributive school fund and to the county school fund, respectively.

Paragraphs Formerly Included in Section 152.

      4.  The superintendent of public instruction shall, by means of a printed report, notify the county treasurer, the county auditor, and the clerk of each board of school trustees of such apportionment in detail.

Duty of County Treasurer and County Auditor in Connection with School Insurance Fund.

      5.  The county treasurer of every county, before notifying the superintendent of public instruction of the county school fund to be apportioned in the July apportionment for the year 1915, shall set aside an amount equal to one-half of one per cent of salaries paid to employees of each and every school district of the county during the two years beginning July 1, 1913, and ending June 30, 1915, and this fund shall be known as the “School Insurance Fund.”

      6.  In January, 1916, and semiannually thereafter, the county treasurer of every county shall, in like manner, set aside an amount equal to one-half of one per cent of salaries paid to employees of each and every school district of the county during the preceding six months, and credit the same to the school insurance fund.

      7.  The amount certified to the superintendent of public instruction for apportionment shall not include the school insurance fund so set aside.

      8.  The county auditor shall, during the month of July, 1915, and semiannually thereafter, draw his warrant in favor of the Nevada industrial commission for an amount equal to that named in the aforesaid order to be paid out of the school insurance fund.

that named in the aforesaid order to be paid out of the school insurance fund.

[Assembly Bill No. 199–Mr. Hussman]

Chap. 180–An Act to authorize the board of county commissioners of Douglas County, Nevada, to issue bonds to provide funds for constructing and improving roads and highways and constructing bridges in Douglas County, Nevada.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of constructing and improving highways and roads and constructing bridges in Douglas County, the board of county commissioners of Douglas County is hereby authorized, empowered and directed to issue bonds in the name of said Douglas County in the sum of twenty-five thousand dollars, said bonds to be known as the “Douglas County Highway Bonds,” All money derived from the sale of said bonds to be expended by the county commissioners of said Douglas County, and within the bounds of said county.

      Sec. 2.  The said board of county commissioners shall cause said bonds to be prepared, and they shall be signed by the chairman of said board and its clerk and the county treasurer, and authenticated by the official seal of said county. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond, so they may be removed without injury to the bonds, numbered consecutively and signed by the county treasurer or a printed facsimile of his signature.

      Sec. 3.  The said board of county commissioners is authorized to negotiate the sale of said bonds from time to time, as the said board deems necessary, to the highest responsible bidders, for cash, and at a price not less than ninety-five cents on the dollar, or at private sale at not less than their par value; the proceeds of such sales shall be placed in what is known as the “Douglas County Highway Fund,” which shall be used only for the purpose of carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn on the county treasurer of said county in payment of the obligations contracted under the provisions of this act.

Douglas County bonds for highway construction

Preparation of bonds

“Douglas County Highway Fund”

Denomination and interest

Douglas County Highway Bond (1921) Redemption Fund

Legality of bonds not questioned

Balance reverts to general road fund

Faith of Nevada pledged

      Sec. 4.  The said bonds shall be of the denomination of five hundred dollars each; they shall be numbered consecutively and they shall bear interest at not exceeding six per centum per annum, said interest payable semiannually on the first day of January of each year and the first day of July of each year after the issuance of said bonds until paid in full; and on the first day of July, 1924, and every twelve months thereafter, five or more of said bonds shall be redeemed and paid until all of said bonds so issued shall have been redeemed and paid. Said bonds shall be redeemed and paid as aforesaid in the order of their issuance, the lowest-numbered bond to be first redeemed and paid, and so on until the whole amount of said bonds so issued shall have been redeemed and paid.

      Sec. 5.  For the purpose of creating a fund for the redemption and payment of the said bonds and the interest thereon, the said board of county commissioners of said county shall, in the year 1921 and annually thereafter, at the time of levying taxes for state and county purposes and in the same manner, levy a tax upon all property subject to taxation within said Douglas County sufficient in its judgment to provide for the payment of the interest annually due on said bonds and the redemption and payment of the said bonds as hereinbefore provided. Said taxes shall be assessed and collected as are other taxes, and shall be paid into a fund to be known as the “Douglas County Highway Bond, 1921, Redemption Fund,” and shall be used for no other purpose except as herein provided; said fund shall be held by the county treasurer of said county and paid out by him as herein provided. At the maturity of the said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said “Douglas County Highway Bond Redemption Fund,” and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable and shall have been called in for redemption.

      Sec. 6.  When said bonds and coupons shall have been executed as herein provided, their legality shall not be open to contest by said county or by any person or corporation for or on its behalf for any reason whatsoever.

      Sec. 7.  Any balance remaining in any fund hereby created and provided for after the accomplishment of the said purposes shall be converted into and become a part of the general road fund of said county.

      Sec. 8.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation hereby imposed be omitted, until all the bonds and coupons issued under and by virtue of this act shall have been paid in full as herein provided.

[Assembly Bill No. 206–Committee on Claims]

Chap. 181–An Act for the relief of the Gray, Reid, Wright Company.

[Approved March 22, 1921]

      Whereas, During the year 1919 supplies were delivered by the Gray, Reid, Wright Company to the Nevada state prison in amounts as follows: In the month of January, 1919, $7.07; in the month of April, 1919, $202.40; in the month of June, 1919, $161.54; making a total of $371.01; and

      Whereas, Claims for said supplies were inadvertently not presented for payment during the 1919-1920 period, and these claims cannot now be legally paid otherwise than by relief act; and

      Whereas, The said claims have been examined, approved and allowed by the state board of examiners and are just and legal and valid claims against the State of Nevada; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The amount of $371.01 is hereby appropriated, out of any money in the general fund of the state treasury not otherwise appropriated, for the payment of the above claim to the Gray, Reid, Wright Company, and the state controller is hereby directed to draw his warrant therefor and the state treasurer is directed to pay the same.

Preamble; supplies to state prison

Appropriation, $371.01, For Gray, Reid, Wright Co.

[Assembly Bill No. 213–Mr. Spellier]

Chap. 182–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911.

[Approved March 22, 1921]

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

Assembly, do enact as follows:

      Section 1.  That certain act entitled and approved as aforesaid is hereby amended by adding a new section thereto, to be known and designated as section 67 1/2, as follows:

      Section 67 1/2.  Notwithstanding the provisions of the last preceding section, no school site shall be purchased nor any schoolhouse erected or repaired, at a greater expense than five thousand dollars,

Amending school law

No school improvement over $5,000 without popular election