[Senate Bill No. 1–Senator Cowles]

Chapter 1–An Act to create a legislative fund.

[Approved January 19, 1927]

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

Assembly, do enact as follows:

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

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

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

      Sec. 4.  This act having been declared an emergency measure shall be in effect upon its approval.

Legislative appropriation, $60,000

Duties of controller and treasurer

Residue to revert

In effect

[Senate Bill No. 11–Senator Peterson]

Chap. 2–An Act fixing and regulating the salary of the district attorney of Humboldt County.

[Approved February 5, 1927]

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

Assembly, do enact as follows:

      Section 1.  From and after the approval of this act the district attorney of Humboldt County shall receive the salary of three thousand dollars per year,

Salary of district attorney of Humboldt County

Traveling expenses allowed

Repeal

district attorney of Humboldt County shall receive the salary of three thousand dollars per year, payable monthly, in twelve equal installments, on the first day of each month.

      Sec. 2.  In addition to the amounts mentioned in section 1 of this act the said district attorney shall be allowed his actual traveling expenses when called from the county seat in discharge of the official duties of the said office of district attorney.

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  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Salaries of sheriff and deputy

In effect

[Senate Bill No. 12–Senator Peterson]

Chap. 3–An Act to amend section one of an act entitled “An act fixing the salaries of certain officers of Humboldt County, and repealing certain acts in relation thereto,” approved March 11, 1921.

[Approved February 5, 1927]

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

Assembly, do enact as follows:

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

      Section 1.  The sheriff shall receive twenty-four hundred ($2,400) dollars per annum. He shall be allowed to appoint one deputy who shall receive salary of twenty-one hundred ($2,100) dollars per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of such additional deputies shall not exceed five dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only.

      Sec. 2.  This act shall become effective from and after its passage and approval.

Preamble

[Assembly Bill No. 1–Mr. Hamlin]

Chap. 4–An Act to authorize the transfer of certain moneys from “Mineral County Emergency Loan No. 3 Fund” to the “Mineral County High School Fund,” county of Mineral, State of Nevada.

[Approved February 5, 1927]

      Whereas, Under the terms of chapter 44, page 78, of the Statutes of 1920-1921, being an act entitled “An act to amend sections four, five, and seven of an act entitled ‘An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,’ approved March 22, 1917,” approved March 4, 1921, the board of county commissioners of Mineral County duly and regularly negotiated emergency loan No. 3

regularly negotiated emergency loan No. 3 for the purpose of providing additional funds in the county general fund; and

      Whereas, The said emergency loan No. 3 was for the sum of ten thousand dollars, with interest, and said sum was duly and regularly raised by taxes to repay said emergency loan, within the time allowed by law; and

      Whereas, Of the said sum so authorized, it was found necessary to use but $7,454.07 to repay such emergency loan No. 3, and there now remains in said fund the sum of $2,545.93, and there are no further liabilities to accrue against the same; and

      Whereas, It is desirous that the said balance remaining in the emergency loan No. 3 fund be made available for high school purposes in said Mineral County; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of the county of Mineral, is hereby authorized and directed to transfer from “Mineral County Emergency Loan No. 3 Fund” to “Mineral County High School Fund” the said sum of $2,545.93, now in the first-named fund.

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

Preamble

County commissioners to transfer moneys

In effect

[Assembly Bill No. 12–Mr. Hall]

Chap. 5–An Act to amend an act entitled “An act to incorporate the town of Sparks in Washoe County and define the boundaries thereof, and to authorize the establishment of city government therefor, and other matters relating thereto,” approved March 15, 1905, and as amended by an act approved March 14, 1907, and as amended by an act approved March 16, 1909, and as amended by an act approved March 26, 1915, and as amended by an act approved March 13, 1917, and as amended by an act approved March 8, 1921.

[Approved February 5, 1927]

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

Assembly, do enact as follows:

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

      Section 3.  The city of Sparks shall be divided into five wards, as follows: All that portion of the territory embraced within the limits of said city, between the east and west boundaries thereof, and lying south of Harriman avenue or B street and any extension of such streets, shall be and is hereby established as the first ward. All that portion lying north of Harriman avenue or B street and any extensions of such streets and east of the center line of Ninth street beginning at Harriman avenue and running north to the county road, thence east along the center of the county road to the center of Eighth street, thence north on Eighth street to the limits of said city shall be and is hereby established as the second ward.

Wards described

Wards described

City council

Qualifications

Terms of office

north of Harriman avenue or B street and any extensions of such streets and east of the center line of Ninth street beginning at Harriman avenue and running north to the county road, thence east along the center of the county road to the center of Eighth street, thence north on Eighth street to the limits of said city shall be and is hereby established as the second ward. All that portion lying west of the west boundary line of the second ward as hereinbefore described lying north of Harriman avenue or B street to the center of Twelfth street or its extension north to the city limit shall be and is hereby established as the third ward. All that portion lying west of the center line of Twelfth street and its extension north to the city limits and east of the center of Fifteenth street and its extension of Fifteenth street to the limits of said city north of Harriman avenue or B street shall be and is hereby established as the fourth ward. All that portion lying north of Harriman avenue or B street and its extension westward lying west of Fifteenth street and its extension north to the city limits shall be and is hereby established as the fifth ward; the exact boundary line in all cases to be computed from the center of said avenue or street as the case may be, measured from side to side.

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

      Section 10.  The legislative power of the city, except as hereinafter provided, shall be vested in a city council, consisting of five members, who shall hold office for the term of two years, subject to the exception stated in the next section. They shall be actual bona fide residents and taxpayers in the city and qualified electors thereof. They shall be chosen by the qualified electors thereof. They shall be chosen by the qualified electors of their respective wards whose names appear upon the official register as electors of such ward and residents thereof within the corporate limits of said city; provided, that no person shall be eligible for the office of councilman who shall not be an actual bona fide resident in the ward to be represented by him and shall not have been such resident for the period of at least six months next immediately preceding the date of election.

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

      Section 11.  Of the councilmen elected under this charter the councilman at present representing the second ward shall serve for two years up to and including the first day of May, 1929; the councilman to be elected from the third ward shall serve for a term of four years from and after his election; the councilman to be elected from the fourth, fifth and first ward shall serve for a term of two years from and after the date of their election. At the next subsequent general city election to be held in the year 1929 the councilman elected from the fourth ward shall serve for a term of four years, and at the next subsequent general city election thereafter the councilman elected from the fifth ward shall serve for a term of four years, and at the next subsequent general city election thereafter the councilman from the first ward shall serve for a term of four years, and at the next subsequent general city election thereafter the councilman from the second ward shall serve for a term of four years, from and after the date of their respective elections, and thereafter the election of the four-year term councilman shall alternate between said wards in the order as above named.

general city election to be held in the year 1929 the councilman elected from the fourth ward shall serve for a term of four years, and at the next subsequent general city election thereafter the councilman elected from the fifth ward shall serve for a term of four years, and at the next subsequent general city election thereafter the councilman from the first ward shall serve for a term of four years, and at the next subsequent general city election thereafter the councilman from the second ward shall serve for a term of four years, from and after the date of their respective elections, and thereafter the election of the four-year term councilman shall alternate between said wards in the order as above named. At each general city election after the first election under this charter, four councilmen shall be elected to succeed those whose terms are about to expire.

      Sec. 4.  This act shall take effect immediately upon its passage and approval.

In effect

[Assembly Bill No. 3–Mr. David]

Chap. 6–An Act to incorporate the consistory and other subordinate bodies or lodges of the Ancient and Accepted Scottish Rite of Free Masonry in this state.

[Approved February 8, 1927]

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

Assembly, do enact as follows:

      Section 1.  The consistory and other subordinate bodies or lodges in this state of the Ancient and Accepted Scottish Rite of Free Masonry of the Southern Jurisdiction of the United States of America, the charters of which are from the supreme council of said rite, by whatever name or number or both they may be so chartered, from the date of their respective charters, shall be deemed bodies corporate and politic.

      Sec. 2.  The said bodies or lodges of said rite, may exercise their corporate rights and powers in their respective names or jointly in the name Ancient and Accepted Scottish Rite of Free Masons of Nevada, which name shall be deemed comprehensive of all the bodies or lodges of said rite, within this state.

      Sec. 3.  All the provisions contained in an act entitled “An act to incorporate the Grand Lodge of Free and Accepted Masons, the Grand Lodge of the Independent Order of Odd Fellows, and their subordinate lodges in this state,” approved March 3, 1865, and in any act or acts amendatory thereof, are hereby made applicable to the corporations authorized or created under the provisions of this act.

Deemed bodies corporate

May exercise corporate rights

Other acts applicable

Closed season defined

[Assembly Bill No. 5–Mr. Proctor]

Chap. 7–An Act to amend an act entitled “An act to provide for the protection and preservation of game and wild birds, providing penalties for the violation thereof, and repealing all other acts or parts of acts in conflict therewith,” approved March 21, 1923, as amended March 21, 1925.

[Approved February 8, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 8 of said act is hereby amended so as to read as follows:

      Section 8.  It shall be unlawful for any person to take any wild duck, sandhill crane, plover, curlew, snipe, woodcock, goose, or brant within this state, except between the sixteenth (16) day of September and the thirty-first (31) day of December of each year, both dates included; or to take any sagehen or sagecock or prairie chicken except between the first day of August and the sixteenth day of August, both dates included, in each and every year.

City clerk ex officio treasurer, tax receiver, and license collector

[Assembly Bill No. 13–Mr. Hall]

Chap. 8–An Act to amend an act entitled “An act to incorporate the town of Sparks, in Washoe County, and define the boundaries thereof, and to authorize the establishment of city government therefor and other matters relating thereto,” approved March 15, 1905, and as amended by an act approved March 14, 1907, and as amended by an act approved March 16, 1909, and as amended by an act approved March 26, 1915, and as amended by an act approved March 13, 1917, and as amended by an act approved March 8, 1921.

[Approved February 8, 1927]

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

Assembly, do enact as follows:

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

      Section 20.  There shall be a city clerk who shall be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of said city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise especially provided for. He shall be clerk of the council, attend all its meetings, whether regular or special, and record all its proceedings, and shall audit all claims against the city.

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

      Sec. 2.  Section 22(b) of the above-entitled act, as amended, is hereby amended to read as follows:

      Section 22(b).  The city attorney shall receive a salary in the sum of not to exceed twelve hundred dollars per annum, to be fixed by the city council.

      Sec. 3.  This act shall take effect immediately upon its passage and approval.

To keep journal

Countersign licenses

Make copies

To report

Salary

Proviso

Salary of city attorney

In effect

[Senate Bill No. 9–Senator Scott]

Chap. 9–An Act to repeal an act entitled “An act to amend section 1 of an act entitled ‘An act to amend section 1 of an act entitled “An act relating to the location, relocation, manner of recording lode and placer claims, millsite, tunnel rights, amount of work necessary to hold possession of mining claims, and the rights of coowners therein,” approved March 16, 1897, and all subsequent amendments thereof; said section being section 2422 of the Revised Laws of Nevada, 1912,’ approved April 1, 1919, and by adding a section thereto to be known as section 1a,” approved February 23, 1925.

[Approved February 11, 1927]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act, being chapter 25 of the Statutes of Nevada, 1925 (page 29), is hereby repealed.

Act repealed

In effect

      Sec. 2.  This act having been declared an emergency measure shall be in effect upon its approval.

Power of council

Meetings

To pass ordinances, etc.

Annual tax

City property

Proviso

[Assembly Bill No. 14–Mr. Hall]

Chap. 10–An Act to amend an act entitled “An act to amend an act entitled ‘An act to amend an act entitled “An act to amend section nineteen, as amended March 26, 1915, of an act entitled ‘An act to incorporate the town of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,’ approved March 15, 1905,” approved March 26, 1915,’ approved March 13, 1917,” by dividing section 19 of said act into sections 19, 19a, 19b, 19c, 19d, 19e, 19f, 19g, 19h, and 19i, and amending same by adding thereto a new section to be known as section 19j.

[Approved February 14, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 19 of the above-entitled act is hereby amended and divided into sections 19, 19a, 19b, 19c, 19d, 19e, 19f, 19g, 19h and 19i so as to read as follows:

      Section 19.  The city council, among other things, shall have the power:

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

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

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

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

      Section 19a.  The city council, among other things, shall have the power:

      To lay out, extend, change the grade, open, vacate, and alter the streets and alleys within the city, and by ordinance require and provide for the macadamizing,

require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, street or alley, or otherwise improving same; also, to provide by ordinance the improvement and preservation of the city parks, and the construction, repair, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awnings, posts, show windows, and other things upon and over the sidewalk, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof may divide the city into districts. Such part of the expenses of improving any street, lanes, avenues, or alleys by grading, paving, graveling, curbing, constructing sidewalks, or otherwise improving the same, as the city council shall determine, may be paid from the general fund, street fund, or district street fund, from the proper street district, or the said cost, or a portion thereof, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street or alley so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the city council may be benefited by the improvement.

      When the city council shall determine to make any public improvements, such as laying pavements, constructing sewers, drains, or sidewalks and curbing, macadamizing, oiling, graveling, or grading any street or alley, or in any way improving the same, and defrays the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund, or any other fund. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, school buildings, or other public buildings or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the city council or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund, or from the proper street or district street fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.

Public streets, bridges, sewers, sidewalks, etc.

Special assessments to pay costs

Ordinance declaring special assessments

May pay part from general fund

Just assessment to be determined

Certain costs from general fund

Manner of levying assessment

of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.

      When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape and size of any lot the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessments, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvement, including the necessary land therefor, viz., for city hall and other public buildings for the use of the city, officers, engine-houses and structures for the fire department, waterworks, city prison, levees and embankments, shall be paid from the proper general fund of the city, except that, in case of lands appropriated for streets and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvement or repairs in the laying of pavements, or constructing sidewalks, or in any way improving the streets in the city, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part of portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the general fund of the city, from the street funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made.

      It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parts to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for one week at least in one of the newspapers of the city, by positing printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each post office of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of two-thirds of all members elected to the city council.

      In all cases where the board of health or other officials of the city or the city council are authorized to do, or cause to be done, certain things, the whole or any part of which may be charged as a special assessment upon the property, and where special provisions for making the levy are not herein made, the city council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph, and may at their option refer the same to the city assessor and have the same assessed against such property. The cost and expenses of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds fifty per cent of the value of such lands and improvements, as last before valued and assessed for state and county taxation in the county tax roll. Any cost exceeding that per cent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had.

General terms to be used

Estimates to be made

Notice by publication

Majority must approve

Other assessments may be levied

What costs shall include

Costs limited

Notice must be given

Pro rata assessments

Assessment valid against property

Frontage assessments

nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.

      When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to the frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name “Unknown”; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements or premises, and collected as in other cases.

      If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape and size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for the assessment by the city assessor.

lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for the assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portions of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. When the assessor shall have completed the assessment he shall report the same to the city council. Such reports shall be signed by him and made in the form of a certificate, and endorsed on the assessment roll as follows:

      State of Nevada, City of Sparks, ss. To the city council of the city of Sparks: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the cost of (e. g., for paving B street from First street to Fifteenth street in said city, as the case may be), (or constructing a sewer on C street), (or as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment.

                                                                  Dated Sparks, Nevada,..................., A. D. 19....

                                                                                                   ........................., City Assessor.

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

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

Assessment according to benefits

Form of certificate

Special assessment for single lot or parcel of land

City council to determine expense

Assessor to make special assessment roll

Form of notice of special assessment

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

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

Notice of Special Assessment

      To (insert the name of the persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment from the (e. g., paving B street to Fifteenth street in said city), (or constructing a sewer on C street between First street and Fifteenth street), (or as the case may be), is now on file at my office for public inspection. Notice is hereby given that the city council and city assessor of the city of Sparks will meet in the council room in said city on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard; provided, any person objecting to the assessment may file his objections thereto, in writing, with the city clerk at any time before the time set for said hearing.

           Dated..........................................               ................................................City Clerk.

      At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide the same; and the city council may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment.

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

           Dated..........................................                   ................................................, City Clerk.”

      Section 19b.  The city council, among other things, shall have the power:

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

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

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

City council and assessor to review assessment

Duties of officers when assessment roll confirmed

Special assessments lien

Special assessments, when due

Assessment apportioned if lots or lands divided

Deficiency to be paid from general fund

Invalid assessment; duties of city council

Sums paid to be applied on reassessment

Lien not impaired

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

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

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

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

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

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

      When any special assessment shall be confirmed, recorded, and be payable, and the city council desires to have the same paid in annual installments, or the entire amount thereof to be paid at once, as hereinbefore provided, the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed respectively, and the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid.

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

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

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

City council to determine manner of payment of assessments

Proviso

Irregularity not bar to payment

City council may amend special assessment

Powers of council construed

Fire department

Regulating combustibles

Nuisances

Public health

City board of health

Secretary and health officer

To inspect food stuffs

Quarantine

Pesthouse

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

      In construing powers of sections 19a and 19b, anything in this act contrary thereto shall not be deemed in conflict with the provisions of said powers.

      Section 19c.  The city council, among other things, shall have the power:

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

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

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

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

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

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

changed so as to increase the same oftener than once every two years, except temporarily during the period of an emergency caused by dangerous epidemic or the like.

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

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

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

Salary of health officer

Licensing and regulating various trades, callings and business

Licensing and regulating various trades, callings and business

Dog tax

Vehicles

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

      Section 19d.  The city council, among other things, shall have the power:

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

rates to be posted on or upon such public vehicles; to fix, impose, and collect a license tax, regulate or suppress runners for hotels, taverns, or other business.

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

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

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

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

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

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

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

Riots

Chain gang

City elections

Regulating speed of vehicles

To examine documents

Issuance of licenses

To make appropriations, contracts, etc.

Provisos

Cemeteries

Fire limits, etc.

Registration of city voters

City prison

Animals at large

Pound

Steam boilers, poles, wires, etc.

Unsafe buildings

Sewers

Fire escapes

Fire precautions

so made, and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed therefrom.

      Section 19e.  The city council, among other things, shall have the power:

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

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

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

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

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

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

      Section 19f.  The city council, amount other things, shall have the power:

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

prevent the depositing of sewer filth, offal, manure, or other offensive matter within the city; to prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the cleaning, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, or debris; to compel the abating of nauseous, stinking, or foul privy vaults.

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

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

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

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

      Section 19g.  The city council, among other things, shall have the power:

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

      Second-To restrain and punish vagrants, drunkards, disorderly persons,

Nuisances

Exits and entrances of public halls

Overcrowding

Pipe lines, wires, etc.

Railways to repair streets

To abate nuisances

Weights and measures

To punish vagrancy, drunkenness, prostitution, etc.

To regulate water, light and telephone charges

Lodging houses

To protect public health, life, comfort and property

To employ competent supervisor

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

      Section 19h.  The city council, among other things, shall have the power:

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

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

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

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

shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined, and fully defined by ordinance.

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

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

      Section 19i.  The city council, among other things, shall have the power:

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

      Second-To hold, manage, use, and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues and demands of every nature or kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of.

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

      Fourth-Nothing herein contained shall be construed as authorizing or permitting the opening or extension of any street across or upon the lands within the boundaries of said city of Sparks occupied for railroad purposes by the Central Pacific railway company, or the Southern Pacific company, their successors or assigns, said lands being particularly described as follows, to wit:

      Commencing at a point which is the section corner common to sections Nos. 4, 5, 8, and 9, township 19 north, range 20 east, Mount Diablo base and meridian, and running thence westerly along the north boundary line of said section No. 8, a distance of two hundred and forty-three (243) feet,

Salary of same

Fines for violation of city laws

Official bonds

To maintain all suits at law

To manage all city property

Condemnation for public use

Special provisions as to property of C. P. and S. P. R. R.

Description of C. P. and S. P. R. R. property

Description of C. P. and S. P. R. R. property

a distance of two hundred and forty-three (243) feet, more or less, to the northeastern corner of the townsite of Sparks, as shown on the townsite map recorded in the office of the county recorder of Washoe County on April 25, 1904, at request of the Southern Pacific company; running thence from said corner southerly at right angles along the eastern boundary line of said townsite of Sparks a distance of four hundred and twenty (420) feet to the southeast corner of said townsite of Sparks; thence at right angles westerly along the south boundary line of the said townsite of Sparks parallel with and distant four hundred and twenty (420) feet from the north boundary line of said section No. 8, a distance of twenty-three hundred and sixty-three (2,363) feet, more or less, to a point in the west boundary of the northeast quarter of said section No. 8, said point being also the southwest corner of the said townsite of Sparks; thence south along west boundary of the northeast quarter of said section No. 8, a distance of three hundred and forty-five (345) feet, more or less, to a point distant sixty-five (65) feet at right angles northerly from the center line of the reconstructed line of the Central Pacific railway as located and constructed; thence westerly to the right with an angle of 82 degrees and 24 minutes and parallel with and distant sixty-five (65) feet at right angles northerly from said center line, a distance of one thousand and twenty-five (1,025) feet, more or less, to a point on the east line of Elm street; thence at right angles southerly along the said easterly line of Elm street and crossing the said center line of the reconstructed Central Pacific railway at or near engineer survey station No. 66 plus 80, a distance of three hundred and five (305) feet to a point; thence at right angles easterly two hundred (200) feet to a point; thence at right angles southerly one hundred and sixty (160) feet to a point which is distant four hundred (400) feet at right angles southerly from the center line of the said reconstructed Central Pacific railway; thence at right angles easterly parallel with and distant four hundred (400) feet at right angles southerly from said center line, a distance of eight hundred and eighty-eight (888) feet, more or less, to a point in the said west boundary of the southeast quarter of said section No. 8; thence southerly along said quarter-section line a distance of eighty-five (85) feet, more or less, to the southwest corner of the north one-half of the northeast quarter of said section No. 8; thence east along the south boundary of the said north one-half of the northeast quarter of section No. 8 and the south boundary of the north half of the northwest quarter of section No. 9 of said township and range, a distance of three thousand four hundred and sixty-five (3,465) feet, more or less, to a point distant fifty (50) feet, southerly at right angles from the said center line of the reconstructed Central Pacific railroad;

thence southeasterly parallel with said center line and distant at right angles fifty feet therefrom, a distance of eighteen hundred and twenty-five (1,825) feet, more or less, to a point on the east boundary line of northwest quarter of said section No. 9; thence north along said quarter-section line and crossing the said center line at engineer survey station No. 130 plus 33.15, a distance of one thousand and sixty-two (1,062) feet, more or less, to a point; thence at right angles westerly a distance of three hundred and fifty (350) feet to a point; thence northerly and parallel with the east line of said northwest quarter of section No. 9, four hundred and ninety-five (495) feet to a point in the north line of said section No. 9, township 19 north, range 20 east, M. D. M., thence west along said north line of said section No. 9, a distance of twenty-three hundred and eleven (2,311) feet, to the point of beginning, said parcel of land being all in said sections 8 and 9, township 19 north, range 20 east, Mount Diablo base and meridian.

      Sec. 2.  Section 19 of the above-entitled act is hereby amended by adding thereto a section to be known as section 19j to read as follows:

      Section 19j.  The city council of the city of Sparks, among other things, shall have power:

      To provide, by ordinance, for a pension fund and for the payment of pensions to employees of the city of Sparks who have been in the employ of said municipal government for a period of years to be determined by said council in said ordinance, and in the event said city council creates said pension fund, the said city council shall in said ordinance creating said fund, set aside annually not to exceed one per cent of the taxes collected annually for general purposes in said city, for the creation of said pension fund; provided, that the money so set aside for said fund and not disbursed for said purposes may be invested by the said city of Sparks in its own bonds or in an interest savings account in a bank in the city of Sparks.

      Sec. 3.  This act shall take effect immediately upon its passage and approval.

Description of C. P. and S. P. R. R. property

To provide pension fund for employees

In effect

Executor or administrator to take oath

[Senate Bill No. 5–Senator Henderson]

Chap. 11–An Act to amend section 54 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, the same being section 5910 of the Revised Laws of Nevada, 1919, and to repeal all acts in conflict herewith.

[Approved February 14, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 54 of the above-entitled act is hereby amended to read as follows:

      Section 54.  Before letters testamentary or of administration shall be issued to the executor or administrator he shall take and subscribe an oath or affirmation, before an officer authorized to administer oaths, that he will perform according to law the duties of executor or administrator; said oath shall be filed and recorded by the clerk. The oath of a domestic corporation appointed as executor or administrator may be taken and subscribed by its president or vice-president, or secretary or treasurer upon its behalf, and the oath of a banking corporation may be taken and subscribed by any of the above-named officers or by its cashier. All duly certified copies of any record or paper in matters of estates shall have the same force and effect in all cases whatsoever as the original papers would have.

Loan of $1,300,000 for state highways authorized

[Senate Bill No. 19–Senator Henderson]

Chap. 12–An Act to amend certain sections of an act entitled “An act authorizing the board of examiners to issue and sell bonds to provide money to pay a portion of the cost of constructing a state highway system, and providing for the payment of said bonds,” approved March 28, 1919.

[Approved February 15, 1927]

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

Assembly, do enact as follows:

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

      Section 1.  For the purpose of providing moneys to be used in paying a portion of the cost of constructing a system of state highways in the State of Nevada as provided in that certain act entitled “An act to provide a general highway law for the State of Nevada” (approved March 23, 1917), and subsequent amendments thereto, a loan of one million three hundred thousand dollars ($1,300,000) is hereby authorized to be negotiated upon the faith and credit of the State of Nevada.

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

      Section 2.  The board of examiners are hereby authorized, empowered and directed to prepare and issue bonds of the State of Nevada in the sum of one million three hundred thousand ($1,300,000) dollars. Said bonds shall be in denominations of five hundred ($500) dollars each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of 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 the rate of not to exceed six per cent per annum, payable semiannually, and shall be redeemed within twelve years from the date of issuance.

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

      Section 3.  On the first day of July, 1922, and annually thereafter until and including the first day of July, 1924, one hundred of said bonds, together with the interest thereon, shall be paid and redeemed by the State of Nevada, on the first day of July, 1925, and annually thereafter until and including the first day of July, 1928, two hundred of said bonds, with the interest thereon, shall be paid and redeemed in like manner, and on the first day of July, 1929, and annually thereafter, until and including the first day of July, 1931, three hundred of said bonds with the interest thereon, shall be paid and redeemed in like manner, and on the first day of July, 1932, and annually thereafter until and including the first day of July, 1934, two hundred of said bonds, with the interest thereon, shall be paid and redeemed in like manner.

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

      Sec. 5.  This act shall take effect and become operative from and after its passage and approval.

State board of examiners to issue bonds

Interest paid semiannually

Redemption of bonds

Conflicting acts repealed

In effect

[Senate Bill No. 16–Senator Getchell]

Chap. 13–An Act to amend an act entitled “An act fixing the salaries of the county officers of Lander County, State of Nevada, and other matters properly connected therewith,” approved March 23, 1917.

[Approved February 15, 1927]

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

Assembly, do enact as follows:

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

      Section 1.  From and after the passage of this act, the following-named officers within Lander County, State of Nevada, shall receive in full payment for all services rendered by them the following salaries and fees:

Salaries of officers of Lander County Sheriff

May appoint jailer

County assessor

County recorder

County treasurer

County clerk

District attorney

County commissioners

following-named officers within Lander County, State of Nevada, shall receive in full payment for all services rendered by them the following salaries and fees:

      The sheriff shall receive the sum of twenty-four hundred ($2,400) dollars per annum, and the commissions allowed by law for all collections of all licenses, which shall be compensation in full for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees, in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a greater distance than thirty miles from the county seat he shall be allowed his necessary traveling expenses; provided further, that when it becomes necessary in civil cases for the sheriff to travel a greater distance than thirty miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. He may appoint a jailer who shall also be a deputy sheriff whose salary shall be one hundred and fifty ($150) dollars per month.

      The county assessor shall receive eighteen hundred ($1,800) dollars per annum, and such fees and commissions as are now allowed by law.

      The county recorder, as such and as ex officio auditor, shall receive eighteen hundred dollars ($1,800) per annum, and the fees allowed under the act of February 27, 1883. He shall perform all county work required in the office, extend the annual assessment roll without further compensation or charge against the county.

      The county treasurer shall receive eighteen hundred dollars ($1,800) per annum.

      The county clerk shall receive eighteen hundred dollars ($1,800) per annum, and such civil fees as are now allowed by law.

      The district attorney, as such, shall receive eighteen hundred ($1,800) dollars per annum, and such fees and commissions as are now allowed by law.

      The county commissioners shall each receive a salary of nine hundred ($900) dollars per annum in full compensation for all services and expenses; provided, that any commissioner residing more than thirty miles from the county seat of said county, shall receive, in addition to said salary, the sum of ten cents per mile for each mile necessarily traveled, above said thirty miles, in attending necessary meetings of the board.

above said thirty miles, in attending necessary meetings of the board.

[Assembly Bill No. 44–Mr. Maupin]

Chap. 14–An Act to repeal an act entitled “An act concerning certain county offices and officers in the county of Churchill, State of Nevada, fixing the salaries and compensation thereof, and other matters properly relating thereto,” approved February 18, 1925.

[Approved February 15, 1927]

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

Assembly, do enact as follows:

      Section 1.  That certain act of the legislature of the State of Nevada entitled “An act concerning certain county offices and officers in the county of Churchill, State of Nevada, fixing the salaries and compensation thereof, and other matters properly relating thereto,” approved February 18, 1925, is hereby repealed.

Certain act repealed

[Senate Bill No. 46–Senator Henderson]

Chap. 15–An Act to amend section three of chapter two of an act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911.

[Approved February 16, 1927]

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

Assembly, do enact as follows:

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

      Section 3.  Officers, Election of-Election, When and How Held-Commissioners-Classes of Ballot.  After said election as above provided for and on the first Tuesday after the first Monday in May, 1913, and on the same day every two years thereafter, until the year 1927, there shall be elected at large by the qualified voters of the city of Las Vegas at a general election to be held for that purpose a mayor and four commissioners. Said officers, until the year 1927, shall hold office for a period of two years and until their successors shall have been elected and qualified. On the first Tuesday after the first Monday in May, 1927, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city at a general election to be held for that purpose a mayor who shall be elected and hold office for a period of four years and until his successor shall have been elected and qualified.

City election every two years

City election every two years

elected at large by the qualified voters of said city at a general election to be held for that purpose a mayor who shall be elected and hold office for a period of four years and until his successor shall have been elected and qualified. On the first Tuesday after the first Monday in May, 1927, there shall be elected at large by the qualified voters of said city at a general election to be held for that purpose four commissioners, two of whom shall each be designated by an odd number and two of whom shall each be designated by an even number. The two commissioners designated by the odd numbers and so elected shall be elected and hold office for a period of four years and until their successors are elected and qualified. The two commissioners designated by the even numbers and so elected shall be elected and hold office for a period of two years and until their successors are elected and qualified. On the first Tuesday after the first Monday in May, 1929, and on the same day every two years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, two commissioners, who shall be elected and hold office for a period of four years and until their successors are elected and qualified. The board of commissioners of said city shall order the general election and shall determine the places in said city for holding the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general laws of the state to provide for some feature of said city election then the board of commissioners of said city shall have the power to provide for such deficiency. The four commissioners to be elected, as provided for in this act, shall be voted for and elected separately and shall be separately designated on the official ballot by numbering the same “1,” “2,” “3,” and “4.” Each person desiring to become a candidate for commissioner as aforesaid shall designate the number of the class to which he desires to become a candidate, and his name shall be printed on the official ballot beneath the number so selected, and each voter shall vote for only one candidate in each such class.

      Sec. 2.  This act shall take effect and be in full force from and after its passage and approval.

[Senate Bill No. 33–Senator Pittman]

Chap. 16–An Act to amend section one of an act entitled “An act providing for the publication of all bills allowed by the boards of county commissioners in this state,” approved February 1, 1893, being section 1541 of the Revised Laws of the State of Nevada, 1912.

[Approved February 16, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being section 1541, Revised Laws of the State of Nevada, 1912, is hereby amended to read as follows:

      Section 1.  The county commissioners of the different counties in this state shall cause to be published in some newspaper, published in their respective counties, the amount of all bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made; provided, that in counties where there are no papers published the board of county commissioners shall cause to be posted by the clerk of said board, at the door of the courthouse in such county, the allowances provided for in this act.

      Sec. 2.  This act shall become effective from and after its passage and approval.

County commissioners to publish bills allowed

Proviso

In effect

[Senate Bill No. 24–Senator Carpenter]

Chap. 17–An Act to amend section twenty-one of “An act to provide for the organization and government of drainage districts, and to provide for the acquisition, repair and development of canals, drains, ditches, watercourses, and other property, and for the distribution of water thereby for drainage purposes, and to provide for the levying of taxes, and for the issuing and sale of bonds thereof,” approved March 31, 1913, as amended.

[Approved February 16, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 21 of the above-entitled act is amended to read as follows:

      Section 21.  The board of supervisors or other officers of the district shall have no power to incur any debt or liability whatsoever, either by issuing bonds or otherwise, in excess of the express provisions of this act. A debt or liability incurred in excess of the provisions of this act shall be in the main absolutely void, except that for the purpose of organization or for the purpose of this act the board of supervisors may, before the collection of the first annual taxes,

Power to incur debt limited

Temporary loan in cases of emergency

may, before the collection of the first annual taxes, cause warrants of the district to issue, bearing interest not exceeding seven per cent per annum, except that in any case where money has been heretofore loaned to said district and actually expended by the board of supervisors for the benefit of said district, and also except that in cases of great necessity or emergency the board of supervisors may apply to the state board of finance as provided in the cases of cities, towns, school districts and high school districts, for permission to make a temporary loan to meet such necessity or emergency, and said state board of finance may give its permission on like terms as required of cities, towns, school districts and high school districts. Any such indebtedness, however, so created shall in no sense be the personal obligation of the board of supervisors, but shall constitute a lien upon the lands embraced within said drainage district. The limit of the fund for such purpose shall be in amount equivalent to an average of one and one-half dollars per acre throughout the district, and it shall be the duty of the board of supervisors, in the preparation of the next annual budget, to make provisions for the payment of all such warrants and evidences of indebtedness and the interest thereon.

Section repealed

In effect

[Senate Bill No. 21–Senator Pittman]

Chap. 18–An Act to repeal section 2 of an act entitled “An act to amend an act entitled ‘An act to provide for the protection and preservation of game and wild birds, providing penalties for the violation thereof, and repealing all acts or parts of acts in conflict therewith,’ approved March 21, 1923,” approved March 21, 1925.

[Approved February 16, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 2 of the said act is hereby repealed.

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

[Assembly Bill No. 40–Mr. Kennedy]

Chap. 19–An Act to amend an act entitled “An act authorizing the sale by any railroad corporation owning any railroad in this state, of its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of Congress; also, authorizing the corporation purchasing the same to operate such railroad, to build and operate extensions or branches thereof, and for the purpose to exercise the power of eminent domain,” approved March 1, 1899.

[Approved February 17, 1927]

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

Assembly, do enact as follows:

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

      Section 1.  Any railroad corporation owning a railroad in this state may sell, convey, and transfer its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of Congress, upon such terms and conditions as its board of directors deem expedient and for the best interests of the corporation, when and as authorized by the affirmative vote of stockholders holding stock in the corporation entitling them to exercise not less than sixty-six and two-thirds per cent of the voting power given at a stockholders’ meeting called for that purpose in the manner provided in section 6 hereof, or when authorized by the written consent of stockholders holding stock in the corporation entitling them to exercise not less than sixty-six and two-thirds per cent of the voting power; provided, however, that the articles of association may require the vote or written consent of a larger proportion of the stockholders and the separate vote or consent of any class of stockholders. Any such other railroad corporation receiving such conveyance may hold and operate such railroad franchise and property within this state, build and operate extensions or branches thereof, and for that purpose exercise the power of eminent domain, and do any other business in connection therewith, as fully and effectually to all intents and purposes as if such corporation were organized under the laws of this state. And any railroad corporation organized under the laws of any other state or territory, or under any act of Congress, may construct, own and operate a line of railroad and extensions and branches thereof in this state, and for that purpose may exercise the power of eminent domain, and do any other business in connection therewith, as fully and effectually, to all intents and purposes, as if such corporation were organized under the laws of this state;

Railroad corporation may dispose of property

Rights of foreign corporation

Repeal

In effect

of this state; provided, nevertheless, that before any corporation, incorporated or organized otherwise than under the laws of this state, shall acquire or construct any railroad in this state, by virtue of this law, it shall file in the office of the county recorder of each county in which said railroad so to be constructed or acquired, or any part, extension or branch thereof shall be situated, a copy of its certificate or articles of incorporation, or of the act or law by which it was created, with a certified list of its officers, in the manner and form required by section 1 of an act of the legislature of the State of Nevada entitled “An act to amend an act entitled ‘An act to require foreign corporations to furnish evidence of their incorporation and corporate name,’ approved March 3, 1869,” approved January 30, 1877. (Sec. 1346, as amended, Stats. 1901, 51.)

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

      Sec. 3.  This act shall take effect immediately.

What articles of association shall state

Proviso

[Assembly Bill No. 39–Mr. Kennedy]

Chap. 20–An Act to repeal sections 8 and 10, and to amend sections 2, 4, 6, 11 and 17, of an act entitled “An act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865.

[Approved February 17, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 2 of said act is hereby amended to read as follows:

      Section 2.  The said articles of association shall set forth the name of the incorporation, the number of years the same is to continue in existence, which shall not exceed fifty years, the amount of the capital stock of the company, with the maximum number of shares with nominal or par value, the maximum number of shares without nominal or par value, that the corporation is authorized to have outstanding at any time; the classes, with the distinguishing characteristics of each, if any, into which the same are divided, and the nominal or par value of the shares of stock (other than shares which it is stated are without nominal or par value) comprising the amount of capital stock of the company, which shall be divided into shares of not exceeding one hundred dollars each, and not less than ten dollars each, as may be fixed in the articles of association; provided, that the amount of such capital stock, whether the same be divided into shares having nominal or par value or without nominal or par value,

into shares having nominal or par value or without nominal or par value, shall be the actual contemplated cost of constructing the road, together with the cost of the right of way, motive power, and every other appurtenance and thing for the completion and running of said road, as nearly as can be estimated by competent engineers; the names and number of the directors to manage the affairs of the company, who shall hold their offices until others are elected, as shall be provided by the by-laws of the company; the place from and to which the proposed road is to be constructed, and the counties into and through which it is intended to pass, and its length, as near as may be; each subscriber to such articles of association shall personally subscribe thereto his name, place of residence, and the number of shares of stock taken by him in such company; provided, that in case a person desirous of becoming a subscriber, but compelled to be absent from the state at the time of subscribing to such articles of association, he having duly paid the ten per cent required by law upon his subscription, may sign the same by written proxy, or power of attorney, to that effect; and there shall be indorsed or attached to said articles so subscribed, an affidavit made by three directors therein named, setting forth in substance, that said amount of stock has been subscribed, and that ten per cent in cash thereon has actually and in good faith been paid in as aforesaid, and that the subscribers to said articles are all known by one or the other of the said three directors to be subscribers thereto, and to be the persons so represented. Any corporation heretofore formed under the act of which this is amendatory, desiring to divide the capital stock of the company into shares of less denomination than one hundred dollars, according to the provisions of this section, may do so by a majority vote of the directors of the company, at any regular or called meeting of the board, and may issue the stock of such company in accordance therewith, after having filed in the office of the secretary of state a certificate setting forth the amount or denomination into which they propose to divide such shares, verified by the affidavit of three of such directors. In case the shares of stock of such corporation shall have already been issued, or any portion thereof, of the denomination of one hundred dollars, the holders of the same may at their option surrender their certificates of stock, and receive in lieu thereof the equivalent of the same in certificates of shares of the smaller denominations, so fixed and established by the board of directors.

      Sec. 2.  Section 4 of said act is hereby amended to read as follows:

      Section 4.  The directors named in the articles of association shall meet and organize as a board within a reasonable time after their election, and as soon as may be convenient after having received notice of such election given by the treasurer named and designated in the first section of this act; and at the first meeting of the board, following organization and after each annual election of directors, they shall elect from among their number a president; they shall also elect a secretary and treasurer (which said offices may be combined and held by one officer) who, and their successors in office, shall be officers of the company, and shall hold their respective offices until their successors have been duly elected and qualified.

Proviso

Duties of directors

Duties of treasurer

Other officers to be chosen

after having received notice of such election given by the treasurer named and designated in the first section of this act; and at the first meeting of the board, following organization and after each annual election of directors, they shall elect from among their number a president; they shall also elect a secretary and treasurer (which said offices may be combined and held by one officer) who, and their successors in office, shall be officers of the company, and shall hold their respective offices until their successors have been duly elected and qualified. The secretary and treasurer, before they enter upon the discharge of their duties, shall each give a bond, with sufficient surety, for the faithful performance of their respective duties, to be approved by the board of directors. The temporary treasurer, required by the first section of this act, shall pay over all moneys received by him as such treasurer to the treasurer elected by the board of directors, and every succeeding board, when deemed necessary, shall open books of subscription to the capital stock of the company, at such times, and in such places, upon such terms, and authorize such persons to receive and superintend the taking of such subscription, as they may direct, due notice of which shall be given; but no subscription of stock, except the original subscription, shall be binding on the company, or parties so subscribing, until the same shall have been accepted and approved by a resolution of the board. In case a greater amount of acceptable stock shall be subscribed than the whole capital required by such company, the board of directors shall distribute such capital stock so subscribed as equally as possible among the subscribers; but no share thereof shall be divided in making such distribution, nor shall a greater number of shares be allotted to any one subscriber than by him subscribed for. There shall also be a vice-president of the company, should the directors deem it necessary, to be chosen from the board, and, also, such subordinate officers as the company, by its by-laws, may designate, who need not, necessarily, be stockholders. The said officers shall be chosen at such times and for such terms, and the directors may fix the compensation of each, and they shall give such security for the faithful performance of the duties of their respective offices as the directors shall require, or as may be established by the by-laws of the company; and any such officer may be removed from office by the board of directors, and the vacancy filled by said board for the remainder of the term of office; and the directors of such company shall also have power to fill all vacancies in their own body, and of all officers of the company, occasioned by death, resignation, or any other cause whatever.

      Sec. 3.  Section 6 of said act is hereby amended to read as follows:

      Section 6.  Meetings of the stockholders may be called at any time during the interval between the annual meetings by the directors, or by any number of stockholders owning not less than one-fourth of the stock, by giving fifteen days’ public notice of the time and place of the meetings, in the manner provided in the next preceding section, for the annual meetings; and when any such meeting is called by the stockholders, the particular object of such meeting shall be stated in such notice, and no other business shall be transacted at such meeting when so called by the stockholders as aforesaid, except such as shall be so stated in such notice; and if, at any such meeting thus called, a majority in value of the stockholders are not represented in person or by written proxy, such meeting shall be adjourned from day to day, not exceeding three days, without transacting any business; and, if, within said three days, stockholders having at least a majority interest of the stock do not attend and participate in such meeting, then the meeting shall be dissolved.

any time during the interval between the annual meetings by the directors, or by any number of stockholders owning not less than one-fourth of the stock, by giving fifteen days’ public notice of the time and place of the meetings, in the manner provided in the next preceding section, for the annual meetings; and when any such meeting is called by the stockholders, the particular object of such meeting shall be stated in such notice, and no other business shall be transacted at such meeting when so called by the stockholders as aforesaid, except such as shall be so stated in such notice; and if, at any such meeting thus called, a majority in value of the stockholders are not represented in person or by written proxy, such meeting shall be adjourned from day to day, not exceeding three days, without transacting any business; and, if, within said three days, stockholders having at least a majority interest of the stock do not attend and participate in such meeting, then the meeting shall be dissolved.

      Every corporation organized under this act may increase its capital stock, or increase any class of stock, or change the par value of the shares of its capital stock, or change its common stock into one or more classes of preferred stock, or create one or more classes of preferred stock, or change its preferred stock into one or more classes of common stock, or change stock with par value of any class or classes into stock without par value, or change stock without par value of any class or classes into stock with par value, create any class or classes of stock without nominal or par value, or make such other amendment, change or alteration as may be authorized by this act, or any other law of this state governing railroad corporations, in the manner following: The board of directors shall pass a resolution declaring that such change or alteration is advisable and calling a meeting of the stockholders to take action thereon; the meeting shall be held upon such notice as the by-laws provide, and in the absence of such provisions, upon fifteen days’ notice, given personally or by mail; if the holders and owners of two-thirds of the issued and outstanding stock of the corporation shall vote in favor of such amendment, change or alteration, a certificate thereof, in the name of the corporation, shall be signed by the president or vice-president and the secretary or treasurer, under the corporate seal, acknowledged or proved as in the case of deeds of real estate, and such certificate shall be filed in the office of the secretary of state, and upon the filing of the same and filing a certified copy of said certificate of amendment with the county clerk of the county where the corporation has its principal office and with the county clerk of each county in which the railroad line of the corporation runs, the certificate or articles of incorporation or other constituent instrument under which the corporation is organized and incorporated shall be deemed to be amended accordingly; and the certificate of the secretary of state that such certificate has been filed in his office shall be taken and acknowledged as evidence of such change or alteration in all courts and places.

Meetings of stockholders

Powers of corporation regarding capital stock

Capital stock may be reduced

Further powers of corporation regarding capital stock

accordingly; and the certificate of the secretary of state that such certificate has been filed in his office shall be taken and acknowledged as evidence of such change or alteration in all courts and places.

      Any corporation may reduce its capital stock at any time by a vote of, or by the written consent of stockholders representing two-thirds of its capital stock, and after notice of the proposed decrease has been mailed to the address of each stockholder at least twenty days before the meeting is held for that purpose; and a statement of the reduction shall be signed and acknowledged by the president and a majority of the directors, and shall be filed and a certified copy thereof recorded in the same manner as certificates of incorporation are required to be. No such reduction, however, shall be made in the stock of any corporation until all its debts which are not otherwise fully secured shall have been paid and discharged. The decrease of capital stock issued may be effected by retiring or reducing any class of the stock, or by drawing the necessary number of shares by lot for retirement, or by the surrender of every shareholder of his shares, and the issue to him in lieu thereof of a decreased number of shares, or by the purchase at not above par of certain shares for retirement, or by retiring shares owned by the corporation or by reducing the par value of shares; and when any corporation shall decrease the amount of its capital stock hereinbefore provided, the certificate decreasing the same shall be published for three weeks successively at least once in each week, in a newspaper published in the county in which the principal office of the corporation is located; the first publication to be made within fifteen days after the filing of such certificate, and in default thereof the directors of the corporation shall be jointly and severally liable for all the debts of the corporation contracted before the filing of the said certificate, and the stockholders shall also be liable for such sums as they may respectively receive of the amount so reduced; provided, no such decrease of capital stock shall release the liability of any stockholder whose shares have not been fully paid, for debts of the corporation thereto contracted.

      Any corporation organized under the laws of this state, whether created by this chapter, special act of legislature, or general law, may guarantee, underwrite, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of, the shares of the capital stock of, or any bonds, securities or evidence of indebtedness created by any other corporation or corporations of this state or any other state, territory, country, nation or government, and while the holder of such stock may exercise all the rights, powers and privileges of ownership, including the right to vote thereon, to the same extent as natural persons might or could do.

      Sec. 4.  Section 8 of the above-entitled act, being section 3519 of the Revised Laws of Nevada for 1912, is hereby repealed.

      Sec. 5.  Section 10 of the above-entitled act, being section 3521 of the Revised Laws of Nevada for 1912, is hereby repealed.

      Sec. 6.  Section 11 of said act is hereby amended to read as follows:

      Section 11.  The secretary of the corporation, who may be elected by the directors named in the articles of association, and every succeeding secretary elected during the continuance of said corporation, shall keep, in a book provided for that purpose, a correct record of the proceedings at each meeting of the company, as well as the board of directors, such record showing the name of each director present at each meeting of the board. The records shall also show the name of each director voting against any proposition, whenever any director may require the same to be placed upon the record. Prior to the adjournment of each meeting of the company, or of the board of directors, the record of the proceedings of the last previous meeting shall be read and approved.

      Sec. 7.  Subsection tenth of section 17 of said act is hereby amended to read as follows:

      Tenth-To erect and maintain all necessary and convenient buildings, stations, depots and fixtures and machinery for the accommodation and use of their passengers, freight and business, and to obtain and hold the lands and other property necessary therefor; and also to acquire additional lands and rights of way and to build and operate extensions or branches of its line of railroad.

      Sec. 8.  Section 17 of said act is hereby further amended by adding thereto an additional subsection to be known as subsection thirteenth, as follows:

      Thirteenth-To purchase, hold, sell, and transfer shares of its own capital stock; provided, that no corporation shall use its funds or property for the purchase of its own shares of capital stock when such use would cause any impairment of the capital of the corporation; and provided further, that shares of its own stock belonging to the corporation shall not be voted upon directly or indirectly, nor counted as outstanding for the purpose of any stockholders’ quorum or vote.

      Sec. 9.  All acts or parts of acts in conflict with this act are hereby repealed.

      Sec. 10.  This act shall take effect immediately.

Sections repealed

Duties of secretary

To erect and maintain buildings, etc.

Capital not to be impaired

Repeal

In effect

Governor may reinstate corporation

Certificate of reinstatement to issue

Proviso

[Assembly Bill No. 18–Mr. Kennedy]

Chap. 21–An Act to amend section 6 of an act entitled “An act requiring all corporations to file annually with the secretary of state a list of their officers and directors and a designation of resident agent, providing a fee therefor, and providing a penalty for the violation of the provisions of this act, and providing for the reinstatement of corporations whose charters have been forfeited under existing or preexisting laws,” approved March 21, 1925.

[Approved February 18, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 6 of the above-entitled act is hereby amended to read as follows:

      Section 6.  The governor is hereby authorized to reinstate any corporation which has forfeited or which shall forfeit its right to transact business under the provisions of this act, or under the provisions of an act entitled “An act relating to revenue and taxation, providing for a license tax upon all corporations organized under the laws of the State of Nevada, and all foreign corporations doing business under the laws of the State of Nevada, and providing a penalty for a violation of the provisions of this act,” approved March 21, 1923, and to restore to such corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities at any time after the date of default of such corporation in the payment of the filing fees hereinabove provided, or in the payment of the license tax provided for in said act approved March 21, 1923, upon the filing with the secretary of state of an affidavit stating the reason for the revocation of its charter, and upon payment to the secretary of state of all filing fees, licenses, penalties, and costs and expenses due and in arrears at the time of the revocation of its charter, and also all filing fees, licenses and penalties which have accrued since the revocation of its charter. In case such payment is made and the governor reinstates the corporation to its former rights he shall at once notify the secretary of state, in writing, of his action, and the secretary of state shall, upon receiving such notice, issue and deliver to the corporation so reinstated, a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee or the license tax had been paid when due, and the secretary of state shall, upon demand, issue to the said corporation one or more certified copies of such certificate of reinstatement, a copy of which shall be filed in the office of the county clerk of the county in which the principal place of business of such corporation is located or in any other county in which it may own, hold, or lease property or transact business; provided, however, that in no case shall the governor order a reinstatement unless the secretary of state shall have presented him with proof that all such delinquent fees, license taxes, penalties and costs have been paid, and that such revocation of charter occurred only by reason of failure to pay such fees or license taxes, penalties and costs.

that in no case shall the governor order a reinstatement unless the secretary of state shall have presented him with proof that all such delinquent fees, license taxes, penalties and costs have been paid, and that such revocation of charter occurred only by reason of failure to pay such fees or license taxes, penalties and costs.

      Sec. 2.  This act shall take effect from the date of its approval.

In effect

[Assembly Bill No. 16–Mr. Mackay]

Chap. 22–An Act to amend an act entitled “An act to prohibit school trustees, state, county, municipal and township officials from employing or keeping in their employ any person or persons related to them within the third degree of consanguinity or affinity, and providing penalties for the violation of the provisions of this act,” approved March 16, 1925.

[Approved February 18, 1927]

The People of the State of Nevada, represented in the 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.  From and after the passage and approval of this act, it shall be unlawful for any school trustee, state, township, municipal, or county official, elected or appointed, to employ on behalf of the State of Nevada, or any county thereof, in any capacity, any relative of such employer within the third degree of consanguinity or affinity. Nothing in this act shall be deemed to disqualify any widow as an employee of any state or county officer; provided, however, the foregoing shall not apply to school districts when the teacher so related is not related to more than one of the trustees and shall receive an unanimous vote of all members of the board of trustees or county board of education; provided, that nothing in this act shall prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment; provided, that the payment for any such service shall be met out of the personal funds of such officer.

      Sec. 2.  This act shall take effect and be in force from and after its passage.

Relatives may not be employed

Exception in certain cases

In effect

Repeal

[Senate Bill No. 4–Senator Scott]

Chap. 23–An Act to repeal an act entitled “An act to establish commissioner districts in the county of Lincoln, and providing for the election of the members of the board of county commissioners thereof,” approved March 21, 1921.

[Approved February 25, 1927]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act is hereby repealed.

Uniform foreign probate act adopted

[Senate Bill No. 17–Senator Pittman]

Chap. 24–An Act to amend section 22 of “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, by substituting for said section the uniform foreign probate act.

[Approved February 25, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 22 of the above-entitled act is hereby amended to read as follows:

      Section 22.  (a) A will duly proved, allowed and admitted to probate outside of this state, may be allowed and recorded in the proper court of any county in this state, in which the testator shall have left any estate.

      (b) When a copy of the will and the probate thereof, duly authenticated, shall be presented by the executor or by any other person interested in the will, with a petition for probate, the same must be filed and a time must be appointed for a hearing thereon and such notice must be given as required by law on a petition for the original probate of a domestic will.

      (c) If upon the hearing, it appears to the satisfaction of the court that the will has been duly proved, allowed and admitted to probate outside of this state, and that it was executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it must be admitted to probate, which probate shall have the same force and effect as the original probate of a domestic will.

      (d) When a duly authenticated copy of a will from any state or country where probate is not required by the laws of such state or country, with a duly authenticated certificate of the legal custodian of such original will that the same is a true copy, and that such will has become operative by the laws of such state or country, and when a copy of a notarial will in possession of a notary in a foreign state or country entitled to the custody thereof (the laws of which state or country require that such will remain in the custody of such notary), duly authenticated by such notary, is presented by the executor or other persons interested to the proper court in this state, such court shall appoint a time and place of hearing and notice thereof shall be given as in case of an original will presented for probate.

laws of such state or country, and when a copy of a notarial will in possession of a notary in a foreign state or country entitled to the custody thereof (the laws of which state or country require that such will remain in the custody of such notary), duly authenticated by such notary, is presented by the executor or other persons interested to the proper court in this state, such court shall appoint a time and place of hearing and notice thereof shall be given as in case of an original will presented for probate.

      If it appears to the court that the instrument ought to be allowed in this state, as the last will and testament of the deceased, the copy shall be filed and recorded, and the will shall have the same effect as if originally proved and allowed in the said court.

Uniform foreign probate act adopted

[Senate Bill No. 35–Senator Scott]

Chap. 25–An Act to appropriate funds to defray costs and incidental expenses in connection with acceptance of lands from the federal government.

[Approved February 25, 1927]

      Whereas, Under the provisions of chapter 69 of the Statutes of Nevada of 1925, the governor is authorized, in his discretion, to accept lands offered by the United States to the State of Nevada, and to take all needful steps to comply with any requirement and condition mentioned in such offer; and

      Whereas, Offers have been made which may include, among other lands, the Hidden Forest and the Valley of Fire in Clark County, Cathedral Gorge and the Beaver Dam section in Lincoln County, the petrified forests in Humboldt County, the opal fields in Esmeralda County, and old Fort Churchill in Lyon County; and

      Whereas, Funds will be required to pay land office exchange fees and other incidental expenses in connection therewith:

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

Assembly, do enact as follows:

      Section 1.  The sum of fifteen hundred dollars ($1,500) is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, to defray costs and incidental expenses in connection with accepting such lands as the governor, in his discretion, may see fit, under the provisions of chapter 69 of the Statutes of Nevada of 1925.

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

Preamble

Appropriation, $1,500

In effect

Salary of assessor

In effect

[Senate Bill No. 47–Senator Peterson]

Chap. 26–An Act to amend section 5 of an act entitled “An act fixing the salaries of certain officers of Humboldt County, and repealing certain acts in relation thereto,” approved March 11, 1921.

[Approved February 25, 1927]

The People of the State of Nevada, represented in the 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.  The county assessor shall receive a salary of forty-five hundred ($4,500) dollars per annum, which shall be compensation in full for all services.

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

District attorney to employ stenographer

Salary

[Assembly Bill No. 34–Elko County Delegation]

Chap. 27–An Act to authorize the district attorney of Elko County, Nevada, to employ an office stenographer, giving the board of county commissioners power to fix the compensation of said stenographer, and providing for the payment of the same.

[Approved February 25, 1927]

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

Assembly, do enact as follows:

      Section 1.  From and after the passage and approval of this act the district attorney of Elko County, Nevada, shall be, and he is hereby, authorized to employ a stenographer for his office, the salary of said stenographer to be fixed by the board of county commissioners of Elko County, Nevada, and to be paid by said Elko County, Nevada, at the same time and in the same manner that the salaries of the other county officers are paid; provided, however, that said salary shall not exceed the sum of one hundred dollars ($100) per month.

[Senate Bill No. 41–Committee on Ways and Means]

Chap. 28–An Act to amend sections 417 and 418 of an act entitled “An act to regulate proceedings in criminal cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended March 10, 1923.

[Approved February 25, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 417 of the above-entitled act is hereby amended so as to read as follows:

      Section 417.  If the judgment is for imprisonment in the state prison, the sheriff of the county must, on receipt of the duplicate certified copies thereof, immediately notify the warden of the state prison, and the warden of the state prison shall, without delay, send some authorized person to the county where such prisoner is held for commitment to receive such prisoner. When such authorized person shall present to the sheriff holding said prisoner his order for the delivery of such prisoner, the sheriff shall deliver to such authorized person one of the certified copies of the judgment, and take from such person a receipt for the prisoner, and said sheriff shall make return upon his certified copy of such judgment, showing his proceedings thereunder, and both such copy with the return affixed thereto and the receipt from said authorized person shall be filed with the county clerk. The term of imprisonment designated in the judgment shall begin on the date of sentence of the prisoner by the court. Upon the expiration of the term of imprisonment of such prisoner, or the termination thereof for any legal reason, the warden shall return his certified copy of the judgment to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the same shall be filed with the county clerk; provided, that such return shall show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.

      Sec. 2.  Section 418 of the above-entitled act is hereby amended so as to read as follows:

      Section 418.  When a judgment of death has been pronounced, a certified copy of the entry thereof in the minutes of the court shall be forthwith executed and attested in triplicate by the clerk under the seal of the court. There shall be attached to said triplicate copies a warrant signed by the judge, attested by the clerk, under the seal of the court, which shall recite the fact of the conviction and judgment, and appoint a week within which the judgment is to be executed, which must not be less than sixty days nor more than ninety days from the time of judgment, and must direct the sheriff to deliver the prisoner to such authorized person as the warden of the state prison shall designate to receive the prisoner, for execution, such prison to be designated in the warrant.

Sheriff to notify warden upon conviction; duty of warden

Proceedings when conviction carries death penalty

Repeal

In effect

as the warden of the state prison shall designate to receive the prisoner, for execution, such prison to be designated in the warrant. The original of such triplicate copies of the judgment and warrant shall be filed in the office of the county clerk, and two of such triplicate copies shall, by the clerk, be immediately delivered to the sheriff of the county; one of said triplicate copies to be delivered by the sheriff, with the prisoner, to such authorized person as the warden of the state prison shall designate, which shall be the warrant and authority of the warden of such state prison aforesaid for the imprisonment and execution of the prisoner, as therein provided and commanded, and the warden shall return his certified copy of the judgment to the county clerk of the county whence it was issued, and the other triplicate copy of such judgment and warrant to be the warrant and authority of said sheriff to deliver the prisoner to such authorized person so designated by the warden of the state prison; said last-mentioned copy to be returned to the county clerk by said sheriff with his proceedings endorsed thereon.

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

      Sec. 4.  This act shall take effect upon its passage and approval.

Cancelation of voter’s registry card

[Assembly Bill No. 47–Mr. Boak]

Chap. 29–An Act to amend section 16 of an act entitled “An act regulating the registration of electors for general, special, and primary elections,” approved March 27, 1917, as amended March 8, 1923.

[Approved February 25, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 16 of the above-entitled act is hereby amended so as to read as follows:

      Section 16.  Immediately after every general November election the county clerk of each county shall compare with the official register of said precinct on file in his office, the list of electors who have voted at such election in each precinct, as shown by the official poll book returned by said inspectors of election of each precinct to the county clerk, and he shall remove from the official register the registry cards of all electors who have failed to vote at such election, and those who have voted by absent voter’s ballots except state and federal officers and attaches, and members of their immediate family, shall mark each of said cards with the word “Canceled,” and shall place such canceled cards for the entire county in alphabetical order in a separate drawer to be known as the “canceled file,” but any elector whose card is thus removed from the official register may reregister in the same manner as his original registration was made, and the registration card of any elector who thus reregisters shall be filed by the county clerk in the official register in the same manner as the original registration cards are filed.

is thus removed from the official register may reregister in the same manner as his original registration was made, and the registration card of any elector who thus reregisters shall be filed by the county clerk in the official register in the same manner as the original registration cards are filed. The county clerk shall at the same time cancel, by drawing a red line through the entry thereof, the name of all such electors who have failed to vote at such election.

Reregistration, when

[Assembly Bill No. 58–Mr. Fanatia]

Chap. 30–An Act to amend section 5 of an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, as amended.

[Approved February 25, 1927]

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

Assembly, do enact as follows:

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

      Section 5.  Previous to persons being joined in marriage, a license shall be obtained for that purpose from the county clerk of any county in the state. The county clerk may inquire of the party applying for marriage license upon oath or affirmation relative to the legality of such contemplated marriage; and if the clerk shall be satisfied that there is no legal impediment thereto, then he shall grant such marriage license and if any of the persons intending to marry shall be under age and shall not have been previously married, the consent of the parent or guardian shall be personally given before the clerk, or certified under the hand of such parent or guardian, attested by two witnesses, one of whom shall appear before said clerk and make oath that he saw the parent or guardian, whose name is annexed to such certificate subscribed, or heard him or her acknowledge the same, whereupon the clerk is authorized to issue and sign such license, affixing thereto the seal of the county. The clerk shall be entitled to receive as his fee for issuing the license the sum of one dollar, and if any clerk shall in any other manner issue or sign any marriage license he shall forfeit and pay a sum not exceeding one thousand dollars to and for the use of the party aggrieved. The clerk shall also at the time of issuing such license collect the sum of one dollar and pay the same over to the county recorder as his fee for recording the certificate named in section 8.

      And said license shall be substantially in the following form:

License must be obtained prior to marriage

Fee of clerk

Form of license

Questions to be answered under oath

False statement, penalty

MARRIAGE LICENSE

State of Nevada

County of………….} ss.

      These presents are to authorize any licensed clergyman within this state, or any district judge or justice of the peace within his county, to join in marriage................................................, of.........................., in the county of.........................., State of..........................

Previously married?.......................                                           Wife deceased?.......................

Divorced?..............                                  When?..............                               Where?..............

On what grounds?...........................................                            And.......................................,

of............................., in the county of.............................,                State of.............................

Previously married?.......................                                   Husband deceased?.......................

Divorced?..............                                  When?..............                               Where?..............

On what grounds?............................................................................................................;

and to certify the same according to law.

      Witness my hand and the seal of the district court of the .....................judicial district of the State of Nevada, in and for the county of............................, this......day of..................., A.D. 19......

                                                                                   ..................................................., Clerk.

(Seal)                                                     ......................................, Deputy Clerk.

      And it shall be the duty of the clerk, when issuing said license, to require the party applying therefor to answer under oath each of the questions contained in the said form of license, and if the party applying therefor cannot answer positively any questions with reference to the other party named in the license, it shall be the duty of the clerk to require both parties named in the license to appear before him and to answer, under oath, the questions contained in said form of license, and any person who shall make a false statement in procuring a marriage license with reference to any matter required by this section to be stated under oath shall be deemed guilty of a gross misdemeanor and punished by imprisonment in the county jail for a term of not more than one year, or by a fine not to exceed $1,000, or by both such fine and imprisonment.

[Assembly Bill No. 71–Washoe County Delegation]

Chap. 31–An Act authorizing and directing the board of county commissioners of Washoe County, Nevada, to levy, for the fiscal year 1927, an ad valorem tax of twenty cents on each one hundred dollars of taxable property in Washoe County, Nevada, for the purpose of assisting in defraying the cost and expenses of an exposition to be held at Reno, Washoe County, Nevada, during the year 1927, and known as the “1927 Nevada Transcontinental Highways Exposition,” authorizing said county commissioners to appoint a board of governors of said exposition, defining and describing the duties of said board of governors; establishing a fund to be known as the “1927 Nevada Transcontinental Highways Exposition Fund,” and providing a method by which all moneys shall be drawn therefrom, disposing of any balance remaining in said fund after the payment of all expenses of said exposition, and authorizing and empowering the board of county commissioners of Washoe County to negotiate temporary loan or loans for carrying into effect the provisions of this act.

[Approved February 25, 1927]

      Whereas, The State of Nevada has heretofore decided to hold an exposition at Reno, Washoe County, Nevada, during the year 1926, in celebration and commemoration of the completion of the transcontinental highways, which said exposition was to be known as and called the “1926 Nevada Transcontinental Highways Exposition”; and

      Whereas, The legislature of the State of Nevada has heretofore, and during its thirty-second session in 1925, passed certain acts providing for the holding of a said exposition in 1926, and for the raising of moneys with which to construct a state building and to defray the costs and expenses of the said exposition and of the holding of the same; and

      Whereas, It has developed that the time was too short in which to prepare for and to hold the said exposition during the year 1926, and it has also developed that the highways, in commemoration of the completion of which said exposition was to be held in 1926, were not and could not have been fully completed in time for the holding of said exposition in the said year 1926; and

      Whereas, It has further developed that the amount of money provided by the collection of a tax in Washoe County in accordance with the act of the legislature of the State of Nevada, at its thirty-second session, approved February 23, 1925, and as amended by a later act at the same session, approved March 19, 1925, was insufficient to meet and defray the costs and expenses for the holding of an exposition as in said act contained; and

Preamble

Ad valorem tax of 20 cents levied for 1927

County commissioners to appoint board of governors

Purpose for which moneys derived must be used

      Whereas, It has been decided to hold the said exposition at Reno, Nevada, during the year 1927; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  That for the purpose of assisting in defraying expenses of holding an exposition in Reno, Nevada, during the year 1927, to be known as the 1927 Nevada transcontinental highways exposition, the board of county commissioners of the county of Washoe, State of Nevada, are hereby authorized and directed to levy, for the fiscal year commencing January 1, 1927, an ad valorem tax of twenty cents on each one hundred dollars of taxable property in the county of Washoe, State of Nevada, and the officers now charged by law with duty of collecting state and county taxes in the said county of Washoe, State of Nevada, are hereby authorized and directed to collect the aforesaid ad valorem tax of twenty cents on each one hundred dollars of taxable property in said county, except such property as is exempt by law from taxation, and the proceeds of such tax shall be placed in a special fund in the county treasury to be known as the 1927 Nevada transcontinental highways exposition fund.

      Sec. 2.  The board of county commissioners of Washoe County, State of Nevada, is hereby authorized and directed to appoint eleven citizens of the State of Nevada to act as a board of governors for an exposition to be held in the city of Reno, Washoe County, Nevada, during the year 1927, which shall be known as the “1927 Nevada Transcontinental Highways Exposition.” It shall be the duty of the aforesaid board of governors to arrange for and supervise the preliminary work for holding said exposition, to supervise and direct the construction of all of the buildings to be used thereat (other than those otherwise provided for by law), to contract for and supervise the improvement of the grounds, and to select the dates during which said exposition shall be held, to select the site of said exposition, and to manage and direct the said exposition, and to do all things necessary for the holding of the same. The said appointment of said board of governors shall be made by said county commissioners within ten days after the approval of this act.

      Sec. 3.  The moneys to be derived from the collection of the tax referred to in section 1 hereof shall be paid out and disbursed for the purpose of defraying the expenses of erecting buildings, erecting bridges and approaches to the grounds, improving the grounds, advertising the said exposition, and otherwise defraying the expenses of holding the said exposition, and for no other purpose. Upon presentation of an order signed by a majority of the board of governors of said 1927 Nevada transcontinental highways exposition to the board of county commissioners of Washoe County, the said board of county commissioners shall allow a claim providing for the payment of the amount of money specified in said order of said majority of the members of said board of governors, and the county auditor shall draw a warrant for said amount and the said warrant shall be paid by the county treasurer out of the aforesaid 1927 Nevada transcontinental highways exposition fund; and no money shall be drawn out of said fund, or paid by said county treasurer from said fund, in any manner other than as herein specified.

County, the said board of county commissioners shall allow a claim providing for the payment of the amount of money specified in said order of said majority of the members of said board of governors, and the county auditor shall draw a warrant for said amount and the said warrant shall be paid by the county treasurer out of the aforesaid 1927 Nevada transcontinental highways exposition fund; and no money shall be drawn out of said fund, or paid by said county treasurer from said fund, in any manner other than as herein specified.

      Sec. 4.  It shall be the duty of the board of governors of the said 1927 Nevada transcontinental highways exposition to report in writing to the board of county commissioners, at each regular monthly meeting of said board of county commissioners, the amounts and purposes for which all disbursements have been made out of the aforesaid fund; and unless the said report in writing of the amounts and purposes of all of the expenditures during the preceding month is made to the board of county commissioners at its regular monthly meeting, no moneys shall be authorized thereafter until the same has been done.

      Sec. 5.  If, after the payment of all bills at the close of said exposition, there shall be any balance remaining in the aforesaid 1927 Nevada transcontinental highways exposition fund, the said balance so remaining shall be transferred to the general fund of Washoe County, and thereafter used and drawn upon for general county purposes.

      Sec. 6.  The board of county commissioners of the county of Washoe are authorized and empowered by majority vote to negotiate, from time to time, such temporary loan or loans not exceeding in the aggregate the sum of $75,000, as may be necessary to carry into effect the foregoing provisions of this act, so that the moneys necessary may be available during or on or before the opening of the said exposition, and prior to the collection of the tax authorized by this act. Whenever the board of county commissioners of the county of Washoe shall authorize any such loan or loans as provided herein, they may issue, as evidence thereof, negotiable bonds, payable out of the “1927 Transcontinental Highways Exposition Fund.” Such evidence of indebtedness shall mature not later than the 15th day of June, 1928, and shall bear interest at such rate, not exceeding six per cent per annum, as shall be fixed by said board of county commissioners, and shall be redeemable and payable at the option of the county at any time when money is available in the “1927 Nevada Transcontinental Highways Exposition Fund.” All notes or other evidence of indebtedness issued hereunder shall be signed by at least two members of the board of county commissioners, and attested by the clerk of said Washoe County under the seal of the county.

Duties of board of governors

Any balance to go into general fund

County commissioners to negotiate temporary loans not exceeding $75,000

In effect

      Sec. 7.  This act shall take effect immediately upon its approval.

Salaries of sheriff and deputies of Washoe County

In effect

[Assembly Bill No. 72–Washoe County Delegation]

Chap. 32–An Act to amend section 1 of an act entitled “An act fixing and regulating the salaries of certain officers of Washoe County, Nevada, and the compensation of deputies and assistants in office,” approved March 23, 1909, as amended March 11, 1915.

[Approved February 25, 1927]

The People of the State of Nevada, represented in the 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.  From and after the approval of this act the assessor of Washoe County, Nevada, shall receive a salary of three thousand ($3,000) dollars per annum, payable in equal monthly installments, and the further sum of five hundred ($500) dollars per annum for traveling expenses; and is also hereby authorized and empowered to appoint one chief deputy, who shall receive the sum of one hundred and seventy-five ($175) dollars per month, and two additional deputies, who shall each receive the sum of one hundred and fifty ($150) dollars per month.

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

Salaries of recorder and deputies of Washoe County

Salary of copyists

[Assembly Bill No. 73–Washoe County Delegation]

Chap. 33–An Act to amend sections 2 and 3 of an act entitled “An act relating to the compensation of certain county officers in Washoe County, State of Nevada, and to repeal all acts in conflict therewith,” approved March 20, 1923.

[Approved February 25, 1927]

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

Assembly, do enact as follows:

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

      Section 2.  The county recorder and ex officio auditor of Washoe County is hereby authorized and empowered to appoint one chief deputy who shall receive the sum of one hundred seventy five ($175) dollars per month; also two deputies who shall each receive the sum of one hundred fifty ($150) dollars per month, also two copyists who shall each receive the sum of one hundred fifty ($150) dollars per month.

      Sec. 2.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 3.  The county treasurer and ex officio tax receiver of Washoe County is hereby authorized and empowered to appoint one deputy who shall receive the sum of one hundred seventy-five ($175) dollars per month; also one clerk who shall receive the sum of one hundred fifty ($150) dollars per month.

      Sec. 3.  This act shall be in effect immediately upon its approval.

Salary of deputy and clerk in office of treasurer

In effect

[Assembly Bill No. 77–White Pine County Delegation]

Chap. 34–An Act to provide for enlarging and improving the Ely grade school building, and the equipment thereof, of Ely school district number 1, of White Pine County, Nevada, and to provide for the issuance and payment of bonds for the creation of a fund to be used for said purpose.

[Approved February 25, 1927]

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

Assembly, do enact as follows:

      Section 1.  The board of school trustees of Ely district No. 1 of White Pine County, Nevada, for the purpose of creating a fund for enlarging and improving the presently existing Ely grade school building and the equipment thereof, including a heating plant, are hereby authorized and empowered to issue and sell all at one time, or from time to time in such lesser numbers as may in their judgment be required, negotiable coupon Ely school district No. 1 improvement bonds of said district to an amount aggregating the principal sum of $50,000. Said bonds shall be one hundred in number, numbered consecutively from one to one hundred, both inclusive, of the denomination of $500 each. They shall bear interest from date until paid at the rate of six per cent per annum, payable semiannually on the first days of January and July, respectively, in each year and each semiannual installment of interest on each bond shall be evidenced by appropriate coupons so attached to said bond that it may be removed without injury to the said bond. Each of said bonds and coupons shall be signed by the chairman of the board of school trustees of the said Ely school district No. 1 and countersigned by the county treasurer. Both the interest and the principal on said bonds shall be payable at a place to be designated in said bonds in gold coin of the United States of America of or equal to the present standard of weight and fineness.

      Sec. 2.  Each of said bonds and each of the interest coupons to be attached thereto shall be substantially in the following forms respectively, to wit:

Ely district No. 1 bond issue, $50,000

Denomination of $500 each

Form of bond

                                                               (Form of Bond)                                           No..............

                                                 United States of America

                                   State of Nevada, County of White Pine

                                           ELY SCHOOL DISTRICT NUMBER 1

                                ely school district number 1 improvement

                                                             bond number 3

      The Ely school district No. 1 of White Pine County, in the State of Nevada, acknowledges itself to owe, and for value received hereby promises to pay to the bearer hereof the principal sum of $500 on the ....................... day of ......................., 19........., with interest thereon from the date hereof until paid at the rate of six per centum per annum, such interest payable semiannually on the first day of January and July, respectively, in each year, as evidenced by and upon presentation and surrender of the interest coupons hereto attached as they severally become due; and both the interest and the principal of this bond are hereby made payable in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at ................ in the city of ................, State of ................, U. S. A., and for the prompt payment of this bond, with interest thereon as aforesaid, when due, the full faith, credit and resources, and all the taxable property of the said school district are hereby irrevocably pledged.

      This bond is one of a series of one hundred bonds of like tenor and amount issued by said school district under and in compliance with the constitution of the State of Nevada and of an act of the legislature of said state passed at its thirty-third session, entitled “An act to provide for enlarging and improving the Ely grade school building, and the equipment thereof, of Ely school district number 1, of White Pine County, Nevada, and to provide for the issuance and payment of bonds for the creation of a fund to be used for said purpose,” approved February ........., 1927, and all other laws and authority thereunto enabling.

      It is hereby certified and warranted that said school district is duly organized and existing under and by virtue of the constitution and laws of the State of Nevada, and that the board of school trustees is a duly constituted corporate authority of said school district; that said school district is duly authorized to issue this bond and every other bond of this series, and that all conditions precedent to render the same valid and binding obligations of said school district have been duly and strictly complied with and performed; that the total indebtedness of said school district, including this bond and the other bonds of this series, does not exceed any constitutional or statutory limitation, and that due provision has been made for the levy and collection of a direct annual ad valorem tax on all the taxable property of said school district, in addition to all other taxes, sufficient to pay the interest accruing thereon as the same falls due, and also to discharge the principal thereof at maturity.

pay the interest accruing thereon as the same falls due, and also to discharge the principal thereof at maturity.

      In Witness Whereof, The said board of school trustees of Ely district No. 1 has caused this bond to be signed by its chairman and countersigned by the county treasurer of White Pine County, Nevada.

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

As Chairman of the Board of School Trustees of Ely School

                          District No. 1, of White Pine County, Nevada.

      Countersigned by:                                            .....................................................................

                                                                                                                 County Treasurer.

No................                                       (Form of Coupon)

      On.........................................................., 19........, the board of trustees of Ely school district number 1, of White Pine County, State of Nevada, for value received, will pay to the bearer hereof the sum of $.................................. in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at.......................... being............ months interest then due on its Ely school district improvement bond No..................., dated................................................................, 19........

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

                                                                      As Chairman of Board of School Trustees.

      Countersigned by:                                               ..................................................................

                                                                                                                 County Treasurer.

      Sec. 3.  The said board of school trustees and said county treasurer shall cause the said bonds and coupons to be prepared in substantially the respective forms above set forth, and shall cause the same to be executed for and in behalf of said county in the manner aforesaid, and, when so executed and sold, their legality shall not be open to contest by said county, or by any person or corporation for it or in its behalf, for any reason whatsoever.

      Sec. 4.  The clerk of said board of school trustees shall keep a detailed and accurate record of all proceedings under the provisions of this act, which record must show the number and date of each bond and to whom issued.

      Sec. 5.  The said board of school trustees of said district is hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals, or by private sale or sales, as they may deem for the best interest of the county, and may reject any and all bids; provided, that the bonds and the interest thereon shall be made payable in gold coin of the United States; and provided further, that the said board shall sell the bonds to the highest and best bidder or bidders in the event that they elect not to sell the same at private sale or sales.

      Sec. 6.  On the first day of January next after the issuance of any of said bonds, and annually thereafter until all of said bonds shall have been redeemed, three of said bonds, together with the interest thereon due and payable, shall be paid and redeemed by the county treasurer, and commencing on the first day of July, 1928, and annually thereafter until all of said bonds shall have been redeemed, two of said bonds, together with the interest thereon due and payable shall be paid and redeemed by said county treasurer.

Form of bond

Form of coupon

Legality of bonds not open to contest

Clerk to keep record

Board of school trustees to sell bonds to highest bidder

Bonds redeemed, when

“Ely School District Improvement Fund No. 3”

Board of school trustees to use money

General law to govern

County treasurer liable

Annual tax

on the first day of July, 1928, and annually thereafter until all of said bonds shall have been redeemed, two of said bonds, together with the interest thereon due and payable shall be paid and redeemed by said county treasurer. The payment and redemption of said bonds shall be in the order of their numbers, the lowest numbered bond to be first paid and redeemed, then the next lowest, and so on until the whole amount of said bonds shall have been paid and redeemed.

      Sec. 7.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and designated as “Ely School District Improvement Fund No. 3,” and to pay out said moneys in the manner now provided by law for the payment of money from the “Ely School District Fund” and only for the purposes provided in this act.

      Sec. 8.  The said board of school trustees is hereby authorized and directed to use the moneys derived from the sale of said bonds, or such portion thereof as they may deem necessary, for the purposes hereinbefore stated, and any balance remaining in said fund after the completion of such enlargement, improvement, construction, and equipment shall be transferred to the general fund provided for the maintenance of said district school, in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance, and management of district schools.

      Sec. 9.  Said board of school trustees shall determine the character of the said enlargement and improvements and equipment so to be constructed, and said board shall also determine the character of the materials to be used in the construction thereof, and the plans therefor. The laws in force governing the letting of contracts by boards of school trustees are hereby made applicable to, and the same shall govern the action of the said board of school trustees in carrying out the provisions of this act. All demands and bills contracted by said board of school trustees in carrying out the provisions of this act shall be made in the manner now provided by law for paying claims against the district school fund.

      Sec. 10.  The said county treasurer of White Pine County shall be liable on his official bond for the safe-keeping of the money which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 11.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of county commissioners of said White Pine County, is hereby authorized and directed to levy and collect a tax on all property, both real and personal, subject to taxation within the boundaries of said Ely school district No. 1 of White Pine County, Nevada, until such bonds and the interest thereon shall have been full paid, sufficient to pay the interest on said bonds and to pay and retire the same as hereinbefore provided, and the amount of money to be raised by such tax shall be included in the annual estimate or budget for said school district for each year for which said tax is hereby required to be levied.

the interest thereon shall have been full paid, sufficient to pay the interest on said bonds and to pay and retire the same as hereinbefore provided, and the amount of money to be raised by such tax shall be included in the annual estimate or budget for said school district for each year for which said tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund, to be known as “Ely School District No. 1 Improvement Fund No. 3.”

      Sec. 12.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease and all moneys remaining in said bond fund, by order of the said board of school trustees, be transferred to the fund for paying the contingent expenses of said district schools of said district.

      Sec. 13.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of said school trustees, and the auditor shall credit the treasurer on his books for the sum so paid.

      Sec. 14.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on said bonds shall thereafter immediately cease.

      Sec. 15.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full as in this act specified.

      Sec. 16.  This act shall take effect immediately upon its approval.

Tax ceases, when

Treasurer to cancel redeemed bonds

Interest ceases, when

Faith of Nevada pledged

In effect

[Senate Bill No. 13–Senator Getchell]

Chap. 35–An Act concerning the discharge of obligors bound for the same debt or liability, and to make uniform the law relating thereto.

[Approved February 28, 1927]

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

Assembly, do enact as follows:

      Section 1.  In this act, unless otherwise expressly stated, obligation includes a liability in tort; obligor includes a person liable for a tort; obligee includes a person having a right based on a tort.

      Sec. 2.  A judgment against one or more of several obligors, or against one or more of joint, or of joint and several obligors shall not discharge a coobligor who was not a party to the proceedings wherein the judgment was rendered.

Terms defined

Coobligor not discharged, when

Consideration received to be credited, how

Obligee may reserve rights

Obligee’s claim to be satisfied

Administrator of obligor bound

Act not retroactive

Uniformity of interpretation

Short title

Repeal

obligors, or against one or more of joint, or of joint and several obligors shall not discharge a coobligor who was not a party to the proceedings wherein the judgment was rendered.

      Sec. 3.  The amount or value of any consideration received by the obligee from one or more of several obligors, or from one or more of joint, or of joint and several obligors, in whole or in partial satisfaction of their obligations, shall be credited to the extent of the amount received on the obligations of all coobligors to whom the obligor or obligors giving the consideration did not stand in the relation of a surety.

      Sec. 4.  Subject to the provisions of section 3, the obligee’s release or discharge of one or more of several obligors, or of one or more of joint, or of joint and several obligors shall not discharge coobligors, against whom the obligee in writing and as part of the same transaction as the release or discharge, expressly reserves his rights; and in the absence of such a reservation of rights shall discharge coobligors only to the extent provided in section 5.

      Sec. 5.  (a) If an obligee releasing or discharging an obligor without express reservation of rights against a coobligor, then knows or has reason to know that the obligor released or discharged did not pay so much of the claim as he was bound by his contract or relation with that coobligor to pay, the obligee’s claim against that coobligor shall be satisfied to the amount which the obligee knew or had reason to know that the released of discharged obligor was bound to such coobligor to pay.

      (b) If an obligee so releasing or discharging an obligor has not then such knowledge or reason to know, the obligee’s claim against the coobligor shall be satisfied to the extent of the lesser of two amounts, namely (1) the amount of the fractional share of the obligor released or discharged, or (2) the amount that such obligor was bound by his contract or relation with the coobligor to pay.

      Sec. 6.  On the death of a joint obligor in contract, his executor or administrator shall be bound as such jointly with the surviving obligor or obligors.

      Sec. 7.  This act shall not apply to obligations arising prior to its effective date.

      Sec. 8.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 9.  This act may be cited as the uniform joint obligations act.

      Sec. 10.  All acts or parts of acts inconsistent with this act are hereby repealed.

[Senate Bill No. 15–Senator J. H. Miller]

Chap. 36–An Act relating to transactions between a person acting on his own behalf and the same person acting jointly with others, and to make uniform the law relating thereto.

[Approved February 28, 1927]

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

Assembly, do enact as follows:

      Section 1.  A conveyance, release, or sale may be made to or by two or more persons acting jointly and one or more, but less than all, of these persons acting either by himself or themselves or with other persons; and a contract may be made between such parties.

      Sec. 2.  No contract shall be discharged because after its formation the obligation and the right thereunder become vested in the same person, acting in different capacities as to the right and the obligation.

      Sec. 3.  Nothing herein shall validate a transaction within its provisions which is actually or constructively fraudulent.

      Sec. 4.  This act shall not apply to conveyances, releases, sales, or contracts made prior to its effective date.

      Sec. 5.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 6.  This act may be cited as the uniform interparty agreement act.

      Sec. 7.  All acts or parts of acts inconsistent with this act are hereby repealed.

Who may make conveyance

Contract binding

Fraudulent contract

Act not retroactive

Uniformity of interpretation

Short title

Repeal

[Senate Bill No. 42–Committee on Ways and Means]

Chap. 37–An Act to amend section 1 of an act entitled “An act relating to the transportation of indigent insane persons and convicts,” approved February 15, 1875.

[Approved February 28, 1927]

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

Assembly, do enact as follows:

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

      Section 1.  The expense of transporting convicts and indigent insane persons from the various counties of the state to the state prison and insane asylum shall constitute a charge upon the state, and shall be paid by the state treasurer on the controller’s warrant, to be issued on the approval by the board of state prison commissioners of the claim of the person having charge of the transportation of any such convict, or by the board of examiners, of the claim of the person having charge of the transportation of any such indigent insane person;

Transportation of convicts and insane charge against state

Expenses, how paid

In effect

Repeal

indigent insane person; the expense of transporting convicts to be paid out of the appropriation for the support of the state prison, and the expense of transporting indigent insane persons out of the appropriation for the support of the indigent insane; and it shall be the duty of the superintendent of the Nevada hospital for mental diseases or the warden of the state prison of the State of Nevada, as the case may be, upon being notified by the county clerk of any county in this state that a person, or persons, are being held under commitment to one of the above institutions, to immediately send an officer, or officers, with authority to transport said insane or convict, as the case may be, from the place of commitment to the proper institution. The expense of keeping, caring for, and maintenance of each and every person ordered committed to either of the institutions designated in this act shall, after five days’ notice to the proper institution, be a charge against said institution.

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

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

Act repealed

[Assembly Bill No. 65–Mr. Yeager]

Chap. 38–An Act to repeal an act entitled “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, being chapter 166, Laws of Nevada, 1921, as amended by an act approved March 1, 1923, being chapter 46, Laws of Nevada, 1923.

[Approved February 28, 1927]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act and the act amendatory thereto are hereby repealed.

[Assembly Bill No. 94–Churchill County Delegation]

Chap. 39–An Act to amend sections 2 and 8 of an act entitled “An act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto,” approved March 26, 1919.

[Approved February 28, 1927]

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

Assembly, do enact as follows:

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

      Section 2.  The sheriff and ex officio license collector shall receive the sum of twenty-four hundred dollars per annum, and his actual traveling expenses in all criminal matters. He shall pay to the county treasurer, on or before the fifth day of each and every month, all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all licenses collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners; provided, that he shall be entitled to retain twenty per cent of all moneys collected by him from sheep licenses as his commission for collecting the same.

      Sec. 2.  Section 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  The county commissioners shall receive the sum of nine hundred dollars per annum each.

Salary of sheriff of Churchill County

Salary of commissioners

[Assembly Bill No. 146–Mr. Hamlin]

Chap. 40–An Act to amend section two (2) of an act entitled “An act withdrawing from sale and contract of sale all lands granted to the State of Nevada by the United States which have reverted to the state and which are subject to sale; prescribing the duties of the state land register respecting the same, and modifying all acts and parts of acts in conflict herewith,” approved March 13, 1925.

[Approved February 28, 1927]

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

Assembly, do enact as follows:

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

      Section 2.  It is hereby declared the purpose of the legislature that the lands mentioned and referred to in section 1 of this act shall not be subject to sale or contract of sale for such time as may be necessarily consumed in negotiating with the general government for the relinquishment back to said general government of such lands, in consideration for the grant of lieu lands, and the legislature expressly declares that nothing in this act is intended to authorize any breach of the contract with the general government under which said lands were originally granted and accepted.

Certain lands not subject to sale during negotiations

Repeal

In effect

such time as may be necessarily consumed in negotiating with the general government for the relinquishment back to said general government of such lands, in consideration for the grant of lieu lands, and the legislature expressly declares that nothing in this act is intended to authorize any breach of the contract with the general government under which said lands were originally granted and accepted. The period of the withdrawal mentioned in section 1 shall expire on March 1, 1929, unless further extended by the legislative session of 1929.

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

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

Orphans’ home board to pay cost of administrating will of Henry Wood, deceased

[Senate Bill No. 55–Senator Fairchild]

Chap. 41–An Act to authorize the board of directors of the state orphans’ home to pay the expenses of administration of the estate of Henry Wood, deceased, and certain other expenses incidental thereto, and the expenses of any action or actions at law in connection therewith in order to secure to the State of Nevada and the state orphans’ home the benefits of said decedent’s will; and providing appropriations therefor.

[Approved March 4, 1927]

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

Assembly, do enact as follows:

      Section 1.  In order to secure to the State of Nevada and to the Nevada state orphans’ home the benefits of the will of one Henry Wood, deceased, which will devised and bequeathed certain real and personal property in the State of California, valued at approximately twenty-five thousand ($25,000) dollars, to the board of directors of the Nevada state orphans’ home and their successors in trust, as a perpetual trust to expend all the interest from such fund in purchasing useful and pleasing presents at Christmas time of each year for distribution among the orphans of the Nevada state orphans’ home, upon the condition that the State of Nevada pay the expenses of administration of his said estate and certain other expenses incidental thereto, the board of directors of the Nevada state orphans’ home are hereby authorized and directed to pay the expenses of administration of the estate of Henry Wood, deceased, and other expenses incidental thereto, and all expenses, including attorneys’ fees, incurred in bringing or defending any action or actions at law in connection with such estate or necessary to be brought or defended in the State of California for the purpose of securing to the State of Nevada and the Nevada state orphans’ home the benefits of said will of Henry Wood, deceased; provided, that such expenses shall not exceed amounts hereinafter appropriated.

to be brought or defended in the State of California for the purpose of securing to the State of Nevada and the Nevada state orphans’ home the benefits of said will of Henry Wood, deceased; provided, that such expenses shall not exceed amounts hereinafter appropriated.

      Sec. 2.  The sum of twenty-five hundred ($2,500) dollars is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, for the purpose of paying the expenses of administration of the estate of Henry Wood, deceased, and other expenses incidental thereto.

      Sec. 3.  The sum of five hundred ($500) dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the purpose of paying any expenses, including attorneys’ fees, incurred in bringing or defending any action or actions at law in connection with such estate or necessary to be brought or defended in the State of California for the purpose of securing to the State of Nevada and the Nevada state orphans’ home the benefits of such will of Henry Wood, deceased.

      Sec. 4.  This act shall take effect immediately upon its passage and approval.

Appropriation, $2,500

Further appropriation

In effect

[Assembly Bill No. 88–Mr. Hamlin]

Chap. 42–An Act to amend an act entitled “An act relating to the office of adjutant-general of the State of Nevada, and repealing all other acts in relation thereto,” approved March 16, 1925.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 1 of an act entitled “An act relating to the office of adjutant-general of the State of Nevada, and repealing all other acts in relation thereto,” is hereby amended to read as follows:

      Section 1.  The secretary to the governor shall be ex officio adjutant-general of the State of Nevada, except in time of war, without additional compensation; provided, that during any time the United States is involved in actual war, the governor shall appoint an adjutant-general to serve during such war and for a period not to exceed ninety days thereafter. The adjutant-general so appointed and commissioned and actually serving shall receive a compensation of ten dollars per day for each day of actual service, to be paid in the same manner as other state officials are paid.

Secretary to governor ex officio adjutant-general

Preamble

Levy of 5-cent tax for band fund

Question submitted on petition of 10% of voters

Duties of governing body

When levy authorized

Levy may be discontinued, how and when

In effect

[Assembly Bill No. 36–Mr. Tranter]

Chap. 43–An Act authorizing cities and towns in the State of Nevada to levy a special tax for the maintenance or employment of a band for municipal purposes.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

      That a special tax levy in cities and towns for the purpose of providing a fund for the maintenance or employment of a band for municipal purposes be authorized, and providing for the submission of the question of levying a tax for such purpose to the voters of such town or city, unless forthwith approved by the governing body of such cities or towns.

      Section 1.  Cities and towns, when approved by the governing body thereof, or when authorized as herein provided, may levy each year a special tax not to exceed 5 cents on each one hundred dollars of assessable property within said municipality for the purpose of providing a fund for the maintenance or employment of a band for municipal purposes.

      Sec. 2.  Said authority shall be initiated by a petition signed by not less than 10% of the legal voters of the city or town, as shown by the highest number of votes cast at the last regular municipal election for any official thereof. Such petition shall be filed with the governing body of said city or town and shall request that the following question be submitted to the voters, to wit: “Shall a tax of ............ cents on a hundred dollars be levied each year for the purpose of furnishing a band fund?”

      Sec. 3.  When such petition is filed, the governing body shall cause said question to be submitted to the voters at the first following city or town election, unless forthwith approved by said governing body.

      Sec. 4.  Said levy shall be deemed authorized if the majority of votes cast at said election be in the affirmative, and the governing body shall then levy the tax.

      Sec. 5.  A like petition may at any time thereafter be presented to the governing body asking that the following proposition be submitted, to wit: “Shall the power to levy a tax for the purpose of furnishing a band fund be canceled?” Said submission shall be made at any city or town election as heretofore provided, unless forthwith approved by said governing body, and if a majority of the votes cast be in the affirmative, no further levy for said purpose shall be made until such time as the said tax may be again voted upon and authorized or approved by said governing body as heretofore provided.

      Sec. 6.  This act shall take effect upon its passage and approval.

[Assembly Bill No. 99–Mr. Hamlin]

Chap. 44–An Act to establish commissioner districts in the county of Mineral, and provide for the election therefrom of members of the board of county commissioners.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

      Section 1.  The county of Mineral is hereby divided into three commissioner districts as follows: District No. 1 shall comprise the following described territory, to wit: Commencing at a point where the southwest corner of the township 4 N, R 29 E, intersects the Nevada-California boundary line, thence due north along the W line of R 29 E, to the southwest corner of township 12 N, R 29 E, thence easterly to the southwest corner of township 12, R 30 E, thence northerly along the east line of R 29 E, to its intersection with the boundary line between Mineral and Churchill Counties.

      District No. 2 shall comprise all that certain territory lying between the east boundary of district No. 1 and the west line of range 32 E, in said county.

      District No. 3 shall comprise all that certain territory lying east of the west line of R 32 E, in said county.

      Sec. 2.  Beginning with the regular election to be held in Mineral County in the year 1928, there shall be one long-term commissioner elected to take office in January, 1929, who shall serve for a term of four years, who shall be a qualified elector of district No. 1, as hereinabove described; and one short-term commissioner, elected to take office in January, 1929, who shall serve for a term of two years, who shall be a qualified elector and resident of district No. 2, as hereinabove described.

      At each regular election thereafter there shall be elected two county commissioners, one long-term and one short-term, who shall be bona fide residents of and qualified electors of said districts of which the terms of office of commissioner shall expire on the ensuing first Monday of January thereafter; provided, the long-term commissioner shall be accredited in direct biennial rotation to each of the three districts hereinabove described; provided further, that no two commissioners shall serve at one and the same time from any one district, and in the event of a vacancy occurring in the membership from any of said districts, his successor shall be appointed from the bona fide residents and qualified electors of the district in which the vacancy occurs.

      Sec. 3.  It is made the immediate mandatory duty of the present board of county commissioners of Mineral County to establish election precincts within such county, in such manner that each and every election precinct shall be wholly within one of the above-described commissioner districts, and the establishment of any new election precinct lying in part in any two districts shall be wholly null and void.

Mineral County divided into commissioner districts; district No. 1

District No. 2

District No. 3

Two commissioners to be elected in 1928

Two commissioners elected at every regular election

Duties of board of county commissioners

Electors at large to elect

In effect

within one of the above-described commissioner districts, and the establishment of any new election precinct lying in part in any two districts shall be wholly null and void.

      Sec. 4.  County commissioners for the respective districts shall be elected by the vote of the qualified electors at large throughout the said county.

      Sec. 5.  This act shall take effect and become operative from and after its passage and approval.

Able-bodied male persons between ages of 16 and 50 subject to fire duty

Refusal to serve misdemeanor

Time limit of service

Fire fighters to receive benefits of industrial insurance act

County commissioners may employ fire wardens

[Assembly Bill No. 52–Mr. Yeager]

Chap. 45–An Act to provide for the extinguishment of fires and the organization of fire patrols in the various counties of this state; directing the county commissioners to appoint and fix compensation of fire wardens and other persons; authorizing sheriffs, fire wardens, national forest officers, and peace officers to draft male persons, and fixing penalty for refusing to assist in fighting fires; providing protection for disability to persons so engaged; and other matters relating thereto.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

      Section 1.  All sheriffs, their deputies, fire wardens, other peace officers, or any national forest officer shall have authority to call upon able-bodied male persons within the State of Nevada who are between the ages of sixteen and fifty years for assistance in extinguishing fires in timber or in brush, and those who refuse to obey such summons, or who refuse to assist in fighting fire for the period of time hereinafter stated, unless they present good and sufficient reasons, shall be guilty of a misdemeanor, and shall be fined in a sum not less than fifteen ($15) nor more than fifty ($50) dollars, or imprisonment in a county jail of the county in which such conviction shall be had, not less than ten days nor more than thirty days, or both fine and imprisonment; provided, that no male person shall be required to fight fire a total of more than five days during any one year; that male persons drafted to fight fires shall, for the purpose of obtaining the benefits of the Nevada industrial insurance act, be considered employees of the county demanding their services, and they shall be entitled to receive, for disability incurred by reason thereof, the benefits under the act. It shall be the duty of the county to report and pay premiums to the Nevada industrial commission for persons so engaged.

      Sec. 2.  During times and in such localities as they may consider necessary, the board of commissioners of any county within the State of Nevada may employ one or more fire wardens as may appear justifiable, and which the public interests may require, whose duty will be to patrol timbered brush areas and to take such active measures as are necessary in suppressing fires that may start within the areas which he is employed to protect.

wardens as may appear justifiable, and which the public interests may require, whose duty will be to patrol timbered brush areas and to take such active measures as are necessary in suppressing fires that may start within the areas which he is employed to protect. The board of county commissioners is authorized to fix the amount of compensation to be paid the fire warden so appointed for the time actually engaged in fighting fire, and they shall also compensate male persons drafted to fight fires as herein provided, and the sums so fixed shall be allowed and paid as other claims against the county are paid. The patrolman shall be under direct charge of the sheriff of the county where employed, who will instruct him relative to his specific duties.

      In the event that the area to be protected lies adjacent to or within a national forest, in which case supervision of the fire warden might be handled to best advantage by officers of the United States forest service, the board of commissioners may place the fire warden under direct charge of the supervisor of the national forest concerned.

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

Commissioners to fix all compensation

Commissioners may place forest service officials in charge

In effect

[Assembly Bill No. 109–Mr. McGill]

Chap. 46–An Act to empower the Nevada state board of stock commissioners of the State of Nevada to grant certain relief to J. J. Gubler.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

      Section 1.  The Nevada state board of stock commissioners is hereby empowered and directed to reinstate and restore to J. J. Gubler, of Lund, White Pine County, Nevada, the right to have recorded the cattle brand heretofore owned and used by said J. J. Gubler for branding his cattle, and when the action hereby directed shall have been taken by said board, it shall be the duty of said board, upon proper application by said Gubler, to record his said brand in the same manner that other brands are now recorded.

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

Right to record cattle brand restored to J. J. Gubler

In effect

County officers to be ex officio city officers

Salary of ex officio city clerk

[Assembly Bill No. 33–Mr. Fanatia]

Chap. 47–An Act to amend certain sections of an act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, as amended March 22, 1913, and further amended February 17, 1921, further amended March 5, 1923, and further amended March 11, 1925.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

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

      Section 5.  Officers, Appointive and Ex Officio, Enumeration of-Compensation.  The county treasurer and ex officio tax receiver of the county of Clark shall be ex officio treasurer and tax receiver of the city of Las Vegas; the county assessor of the county of Clark shall be ex officio assessor of the city of Las Vegas; the county clerk and ex officio clerk of the district court of the county of Clark shall be ex officio city clerk of the city of Las Vegas and ex officio license collector of the city of Las Vegas. Each of the above-mentioned officers in this section set forth shall perform the respective duties in their offices under said city without extra compensation, except as hereinafter provided, but for the performance of the duties as city assessor relative to special assessments as in this act provided the board of commissioners, upon the request of the city assessor, shall appoint, for such time as his service may be necessary, a deputy city assessor to perform such duties relative to special assessment, and the board of commissioners shall fix and pay the deputy such compensation as they deem fit. The county treasurer and ex officio tax receiver of the county of Clark shall be entitled to receive for his services, as ex officio treasurer and tax receiver of the city of Las Vegas, a salary of not to exceed fifty ($50) dollars per month from the city of Las Vegas.

      The county treasurer and county assessor of the county of Clark shall be liable on their official bonds for the faithful discharge of the duties imposed on them by this act. The county clerk and ex officio clerk of the district court shall be entitled to receive for his services as ex officio city clerk and ex officio license collector of the city of Las Vegas a salary of not to exceed fifty ($50) dollars per month from the city of Las Vegas, and shall be liable on his official bond for the faithful discharge of the duties imposed on him by this act.

      The board of commissioners may appoint a city attorney with a regular salary of not to exceed thirty-six hundred ($3,600) dollars per annum, payable in equal monthly installments; also a city marshal with a salary of not to exceed twenty-four hundred ($2,400) dollars per annum, payable in equal monthly installments; also a judge of the municipal court at such salary as said board may deem proper, not exceeding, however, the sum of three hundred ($300) dollars per month.

($3,600) dollars per annum, payable in equal monthly installments; also a city marshal with a salary of not to exceed twenty-four hundred ($2,400) dollars per annum, payable in equal monthly installments; also a judge of the municipal court at such salary as said board may deem proper, not exceeding, however, the sum of three hundred ($300) dollars per month.

      Said board of commissioners may also from time to time, by ordinance or resolution, or by either, or both, fix and provide for the allowance and payment to said city attorney of additional compensation for the prosecution of cases, for conviction in cases, and also by way of commissions or fines and forfeitures imposed and enforced.

      The board of commissioners may appoint such other officers as such board may from time to time ordain and establish, with the right to select the incumbent thereof and prescribe the duties of such office. The compensation of the appointive officers shall be fixed, allowed, and paid by board of commissioners out of such city funds as the board may designate. Any one or more of such appointive offices may, in the discretion of the board of commissioners, be combined and the duties thereof discharged by one person.

      Sec. 2.  Section 29 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 29.  The municipal court shall be presided over by a police judge who shall be a resident of the said city for not less than one year and a qualified elector of said city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace wherein any person or persons are charged with breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a municipal nature, and the said court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of said city, and be governed by the same rules and receive the same fees as are now, or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said court shall have jurisdiction to hear, try, and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.

Salaries of city attorney and marshal

Additional compensation for city attorney

Commissioners may appoint other officers

Police judge, qualifications

Concurrent jurisdiction with justice courts

Proviso

Fines, regulations regarding

Municipal court, jurisdiction in various cases

Proviso

Jurisdiction of offenses against peace of city

Treated as justice court

Docket to be kept

upon the docket a supplemental order that such offender shall work on the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.

      Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damage in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleading or the verified answer that the validity of any tax, assessment or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certification of causes by justice courts.

      The said court shall have jurisdiction of the following offenses committed within the city which violate the peace and good order of the city, or which invade any of the police powers of the city or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct and of all offenses under ordinances of the city.

      The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs, and process necessary to a complete and effective exercise of the powers and jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justice of the peace.

      The police judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.

may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.

      In all cases in which the police judge shall by reason of being a party or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of said county, or any person who is a citizen of the state and a qualified voter and resident of the said city for not less than one year, on the written request of the mayor, may act in the place and stead of such police judge, and the commissioners shall have power to apportion ratably the salary or compensation of such police judge to such person so serving, and deduct the sum so apportioned from the salary of such police judge.

      Appeals to the district court may be taken from any final judgment of said municipal court, in the same manner and with the same effect as in cases of appeal from justice courts in civil or criminal cases, as the case may be.

      All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or policeman of the city.

Judge disqualified to act, when

Appeals, how taken

Warrants

[Assembly Bill No. 56–Mr. Swallow]

Chap. 48–An Act to provide for the keeping of slaughterhouses, and other places where meat is handled, in a sanitary condition, defining insanitary conditions, the unlawful possession of meat of sick or diseased animals, or fowls, providing penalties for the violations thereof, and other matters properly connected therewith.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for any person, persons, firm, or corporation to sell within this state, or to have within his, her, or their possession with the intent to sell within this state for human food, the carcass or parts of the carcass of any animal which has been slaughtered, or is prepared, handled, or kept under insanitary conditions; and insanitary conditions shall be deemed to exist whenever and wherever any one or more of the following conditions are found to appear, to wit: If the slaughterhouse is dilapidated or in a state of decay; if the floor or side walls are soaked with decayed blood or other animal matter; if efficient fly screens are not provided; if the drainage of the slaughterhouse yard is not efficient; if maggots or filthy pools or hog wallows exist in the slaughterhouse yard or under the slaughterhouse floor; if the water supply used in connection with the cleaning and preparing of the meat is not pure and uncontaminated; if hogs are kept in or about the slaughterhouse, or within two hundred fifty (250) feet thereof, or fed therein on animal offal, or if the odors of putrefaction plainly exist in or about the slaughterhouse; if carcasses or parts of carcasses are transported from place to place when not covered with clean cloths, or if kept in unclean or bad-smelling refrigerator or refrigerators, or if kept in unclean or four-smelling storerooms.

Sale of human food regulated

Insanitary conditions defined

Insanitary conditions defined

Unlawful to have diseased animal or fowl in possession

Penalty

Repeal

In effect

soaked with decayed blood or other animal matter; if efficient fly screens are not provided; if the drainage of the slaughterhouse yard is not efficient; if maggots or filthy pools or hog wallows exist in the slaughterhouse yard or under the slaughterhouse floor; if the water supply used in connection with the cleaning and preparing of the meat is not pure and uncontaminated; if hogs are kept in or about the slaughterhouse, or within two hundred fifty (250) feet thereof, or fed therein on animal offal, or if the odors of putrefaction plainly exist in or about the slaughterhouse; if carcasses or parts of carcasses are transported from place to place when not covered with clean cloths, or if kept in unclean or bad-smelling refrigerator or refrigerators, or if kept in unclean or four-smelling storerooms.

      Sec. 2.  It shall be unlawful for any person, persons, firm, or corporation to have in his, her, or their possession, with intent to sell, the carcass or part of any carcass of any animal or fowl, which has died from any cause other than being slaughtered in a sanitary manner, or the carcass or the part of any carcass of animal or fowl that shows evidence of any disease, or that came from sick or diseased animal or fowl, or the carcass or the part of the carcass of any calf that was killed before it had attained the age of four (4) weeks.

      Sec. 3.  Any person violating any of the provisions of this act shall be guilty of a gross misdemeanor and shall be punished accordingly.

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

      Sec. 5.  This act shall take effect from the date of its approval.

Law libraries for each county of state

[Assembly Bill No. 78–Mr. Fuss]

Chap. 49–An Act to amend section 1 of an act entitled “An act for the establishment, maintenance and operation of law libraries in the various counties of this state, and repealing all other acts and parts of acts in conflict therewith,” approved March 25, 1913.

[Approved March 7, 1927]

The People of the State of Nevada, represented in the 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.  On the commencement in, or removal to, the district court of any county of this state of any civil action, proceeding or appeal, on filing the first paper therein, the clerk of said court shall set aside from the costs received such sum as shall be established by ordinance of the county commissioners, not exceeding five dollars ($5) in any case, for a fund which shall be designated as the “Law Library Fund,”

Fund,” to be expended in the purchase of law books and periodicals, and in the establishment and maintenance of a law library at the county seat of said county, which law library shall be governed and controlled and said fund be expended by the board of trustees hereinafter provided; provided, wherever it shall appear to the board of county commissioners of any county having a law library that for any reason any debt incurred in the purchase and establishment of such library has not been fully paid or materially reduced, with the funds herein provided for that purpose, within the period of five years next immediately preceding, such board of county commissioners may, at the next annual tax levy, levy a special tax upon all taxable property within the county, both real and personal, including the net proceeds of mines, sufficient to raise a sum which will discharge any such indebtedness, but no more; said sum to be placed in the treasury of the county in the “Law Library Fund,” and used by the board of law library trustees for the payment of such indebtedness and for no other purpose.

Proviso

[Assembly Bill No. 76–Mr. Hart]

Chap. 50–An Act to amend an act entitled “An act concerning the courts of justice of this State, and judicial officers,” approved January 26, 1865, as amended.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 50 of the above-entitled act is hereby amended so as to read as follows:

      Section 50.  No court shall be opened, nor shall any judicial business be transacted on Sunday; on the 1st day of January (New Year day); on the 12th day of February (Lincoln’s birthday); on the 22d day of February (Washington’s birthday); on the 30th day of May, commonly known as Memorial Day; on the 4th day of July; on the first Monday of September of each year (Labor day); on the 12th day of October, to be known as Columbus Day; on the 31st day of October, to be known as Admission Day; on the 11th day of November, to be known as Armistice Day; on Thanksgiving Day; on the 25th day of December (Christmas day); on a day on which the primary election is held throughout the state; on a day on which the general election is held, or on any day that may be appointed by the president of the United States or by the governor of this state, for public fast, thanksgiving, or holiday, except for the following purposes:

      First-To give, upon their request, instructions to a jury, then deliberating on their verdict.

Nonjudicial days enumerated

Exceptions

Further exceptions

In effect

      Second-To receive a verdict or discharge a jury.

      Third-For the exercise of the power of a magistrate in a criminal action, or in a proceeding of a criminal nature.

      Fourth-For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person in [his] behalf, setting forth in the affidavit required by law for obtaining said writ the additional averment as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by said writ to wait until subsequent day for the issuance of the same. And all proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force, and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of said writ.

      If the 1st day of January, 12th day of February, 22d day of February, 30th day of May, 4th day of July, 12th day of October, 31st day of October, 11th day of November, or the 25th day of December fall upon a Sunday, all judicial business, except for the purposes above noted, shall be suspended on the following Monday.

      Nothing herein contained shall affect private transactions of any nature, whatsoever.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

Duties of superintendent of public instruction

[Assembly Substitute for Assembly Bill No. 2–Mr. Neeley]

Chap. 51–An Act to provide for organizing parts of adjoining counties into high school districts, for the transfer of school money, and other matters properly relating thereto.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

      Section 1.  Whenever it shall be made to appear to the state superintendent of public instruction, in the manner and subject to the conditions hereinafter provided for, that any regularly established four-year county or district high school is giving instruction to high school pupils from an adjoining county, he shall ascertain the amount of money raised by taxes for county or district high school purposes in the elementary school district in which such high school pupils have a legal residence, as well as the total number of high school pupils having a legal residence in such elementary school district and who attend some regularly established high school in this state. The state superintendent of public instruction shall then divide the amount of money raised in such elementary school district for county or district high school purposes by the total number of high school pupils in regular high school attendance and who have a legal residence in such elementary school district, and he shall multiply this result by the total number in average daily attendance of high school pupils attending the high school in the adjoining county, and this amount he shall order the county treasurer of the county in which such elementary school district is situated to transfer to the school fund of the high school, giving instructions as aforesaid, subject, however, to the following conditions:

of public instruction shall then divide the amount of money raised in such elementary school district for county or district high school purposes by the total number of high school pupils in regular high school attendance and who have a legal residence in such elementary school district, and he shall multiply this result by the total number in average daily attendance of high school pupils attending the high school in the adjoining county, and this amount he shall order the county treasurer of the county in which such elementary school district is situated to transfer to the school fund of the high school, giving instructions as aforesaid, subject, however, to the following conditions:

      1.  That the amount of money which the superintendent of public instruction shall order transferred for each of such high school pupils shall not exceed the per capita cost of the high school which they attend, and shall not exceed the average per capita cost of the high schools of the county where they reside; and, should the amount transferred be less than the average per capita cost paid from the high school fund of the county in which the pupils reside, he shall transfer enough more from this county’s high school funds to make the amount transferred equal to such average per capita cost in such county.

      2.  That no such money be transferred if there is a nearer and more convenient county or district high school in the county in which such high school pupils have a legal residence.

      Sec. 2.  The superintendent of public instruction shall not order the transfer of any high school funds from one county to another, under the provisions of section 1 of this act, unless he shall first have received a certified copy of a resolution passed by the board of education of the county or district high school giving instruction to high school pupils from an adjoining county requesting him to make such order. This resolution shall state that:

      1.  A certain number (giving the number) of pupils are attending that high school, and that such pupils have a legal residence in a certain elementary school district in an adjoining county (naming the elementary school district and county).

      2.  That high school is the nearest and most convenient high school for such pupils to attend.

      3.  That high school is offering a course of study approved by the superintendent of public instruction or the deputy superintendent of schools for that district.

      Sec. 3.  The superintendent of public instruction shall send a copy of such resolution to the board of school trustees of the elementary school district in which such high school pupils have a legal residence, and shall notify such board of elementary school trustees that if no protest is heard within ten days he will notify the auditor and treasurer of the county in which such elementary school is situated to transfer to the high school funds of the elementary district a sum of money according to the provisions of section 1 of this act, and the trustees of such elementary district shall make out their order for the same amount to the high school district giving such instruction.

Per capita cost to be transferred

Board of education to request transfer

What resolution shall state

School trustees to be notified

May require reports

Repeal

In effect

ten days he will notify the auditor and treasurer of the county in which such elementary school is situated to transfer to the high school funds of the elementary district a sum of money according to the provisions of section 1 of this act, and the trustees of such elementary district shall make out their order for the same amount to the high school district giving such instruction. In case the transfer of such funds is protested, the superintendent of public instruction shall decide whether the situation in question comes within the provisions of this act.

      Sec. 4.  The superintendent of public instruction may require high school principals and superintendents to make such reports as may be necessary to carry out the provisions of this act.

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

      Sec. 6.  This act shall be effective from and after its passage and approval.

Vehicle carrying explosives must display red flag

[Senate Bill No. 32–Senator Pittman]

Chap. 52–An Act to amend an act entitled “An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith,” approved March 21, 1925, by adding thereto an additional section to be known as section 19 1/2.

[Approved March 7, 1927]

The People of the State of Nevada, represented in the 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 19 1/2, which said section 19 1/2 shall be as follows.

      Section 19 1/2.  The driver of every vehicle carrying fifty or more pounds of explosives shall attach to the rear of such vehicle a red flag at least twelve inches square, and every driver of any vehicle carrying explosives as hereinbefore mentioned shall bring such vehicle to a full stop before crossing railroad tracks at grade, at a distance of not less than ten feet nor more than fifty feet from the nearest rail of such railroad track or tracks.

[Senate Bill No. 73–Senator Peterson]

Chap. 53–An Act to authorize the board of county commissioners of the county of Humboldt to levy a special tax annually for the support of the Humboldt County fair, to provide for the payment of the proceeds of such tax levy, and other matters connected therewith.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

      Section 1.  On or before the 1st day of May of each year hereafter, at the time provided for the levying of taxes by the county commissioners, the board of county commissioners of the county of Humboldt is hereby authorized and directed, for the purpose hereinafter set forth, to levy a special tax upon all of the property of said Humboldt County, both real and personal, including the net proceeds of mines, sufficient to raise thereby for the year 1927, the sum of eight thousand ($8,000) dollars, and for every ensuing year thereafter, the sum of four thousand ($4,000) dollars; provided, however, that, for the year 1927, there shall be transferred and paid from the Humboldt County general fund to the Humboldt County fair fund, for the purpose of operating and conducting the fair hereinafter more particularly described, sufficient funds for said purpose not exceeding six thousand ($6,000) dollars; which said sum so transferred shall be paid back into the general county fund from the proceeds of said additional special tax levied during the year 1927; and provided further, that it is the intention of this act to create a tax levy during the year 1927 sufficient to reimburse the said general county fund for the 1927 Humboldt County fair, and sufficient to provide funds for the 1928 Humboldt County fair, to the end that commencing with and including the 1928 Humboldt County fair, the same may be conducted upon a cash basis without the transfer of funds from the general county fund for said purpose.

      Sec. 2.  The proceeds derived from such special tax levy shall be placed in the treasury of the said county of Humboldt in a special fund to be known as the Humboldt County fair fund, and shall be used for the payment of premiums, exhibition awards, amusement and entertainment features, purchase of lands and building material for fair purposes, equipment, salaries, payment of current expenses of the said Humboldt County fair, and for the reimbursement of the funds transferred from the general county fund, as provided for in section 1 hereof.

      Sec. 3.  All claims against said fund for premiums, exhibition awards, building material, amusement and entertainment features, equipment, salaries, expenses and so on, shall be approved by the board of directors of the said Humboldt County fair,

Commissioners of Humboldt County to levy special tax

Purposes to which tax applied

Board of directors to approve claims

Proviso

Humboldt County not liable

Moneys to revert to general fund, when

Moneys may be transferred, when

Repeal

In effect

County fair, and after such approval, shall be allowed and paid out of the fund hereby created as other county claims are allowed and paid; provided, however, that in the payment of the premiums, exhibition awards, and in the payment of other expenses each year, the fair trustees may submit a voucher or vouchers for aggregate sum or sums embracing groups of premiums, exhibition awards or other expenses, which vouchers shall be supported by claims and awards approved, and shall be in favor of agricultural association district No. 3, and said premiums, claims, and other items may then be paid by check as approved by the Humboldt County fair board of directors.

      Sec. 4.  The county of Humboldt shall never be liable for any claims against the fund hereby created in excess of the amount realized from the special tax herein provided for.

      Sec. 5.  In the event that said Humboldt County fair is not held for a period of any two consecutive years after the passage and approval of this act, including the year 1927, this act shall be deemed automatically repealed and of no further force or effect, and all money remaining in the said Humboldt County fair fund shall thereupon revert to and become a part of the Humboldt County general fund.

      Sec. 6.  At any time that there may be moneys in said Humboldt County fair fund during any period when such moneys are not required for the purpose of said fair, and while moneys transferred from the Humboldt County general fund shall not have been reimbursed in full, such moneys may be transferred from said Humboldt County fair fund to the said Humboldt County general fund to such extent as may be deemed necessary and proper.

      Sec. 7.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 8.  This act shall be in force immediately after passage and approval.

Surety bond may be furnished

[Senate Bill No. 64–Senator Henderson]

Chap. 54–An Act to amend section 544 of an act entitled “An act to regulate proceedings in civil cases in this State and to repeal all acts in relation thereto,” approved March 17, 1911.

[Approved March 7, 1927]

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

Assembly, do enact as follows:

      Section 1.  Section 544 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all acts in relation thereto,” approved March 17, 1911, is hereby amended to read as follows:

      Section 544.  In all cases where a bond or undertaking is required by the provisions of this act, the party required to give such bond or undertaking may furnish such bond or undertaking with a surety or bonding company, authorized to do business under the laws of this state and to furnish such bonds or undertakings, to be approved by the court, judge, clerk, or deputy clerk, in lieu of personal sureties.

undertaking with a surety or bonding company, authorized to do business under the laws of this state and to furnish such bonds or undertakings, to be approved by the court, judge, clerk, or deputy clerk, in lieu of personal sureties. A party may, also, in lieu of a bond or undertaking required by this act, deposit with the court, or clerk thereof, cash in the amount of the bond or undertaking required.

      Sec. 2.  This act shall be effective on and after its passage and approval.

In effect

[Assembly Bill No. 93–Mr. Whitacre]

Chap. 55–An Act to amend sections 20, 40 and 47 of “An act providing a general law on the subject of warehouse receipts, to be known as ‘The Warehouse Receipts Law,’ ” approved March 26, 1913.

[Approved March 8, 1927]

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

Assembly, do enact as follows:

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

      Section 20.  A warehouseman shall be liable to the holder of a receipt, issued by him or on his behalf by an agent or employee, the scope of whose actual or apparent authority includes the issuing of warehouse receipts, for damages caused by the nonexistence of the goods, or by the failure of the goods to correspond with the description thereof in the receipt at the time of its issue. If, however, the goods are described in a receipt merely by a statement of marks or labels upon them, or upon packages containing them, or by a statement that the goods are said to be goods of a certain kind, or that the packages containing the goods are said to contain goods of a certain kind, or by words of like purport, such statements, if true, shall not make liable the warehouseman issuing the receipt, although the goods are not of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor.

      Sec. 2.  Section 40 of the above-entitled act is hereby amended to read as follows:

      Section 40.  A negotiable receipt may be negotiated by any person in possession of the same however such possession may have been acquired if, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of such person, of if at the time of negotiation the receipt is in such form that it may be negotiated by delivery.

      Sec. 3.  Section 47 of the above-entitled act is hereby amended to read as follows:

      Section 47.  The validity of the negotiation of a receipt is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the receipt was deprived of the possession of the same by loss, theft, fraud, accident, mistake, duress, or conversion, if the person to whom the receipt was negotiated, or the person to whom the receipt was subsequently negotiated paid value therefor in good faith without notice of the breach of duty, or loss, theft, fraud, accident, mistake, duress, or conversion.

Warehouseman liable for damages, when

Negotiable receipt, how negotiated

Validity not impaired, when

In effect

by the fact that the owner of the receipt was deprived of the possession of the same by loss, theft, fraud, accident, mistake, duress, or conversion, if the person to whom the receipt was negotiated, or the person to whom the receipt was subsequently negotiated paid value therefor in good faith without notice of the breach of duty, or loss, theft, fraud, accident, mistake, duress, or conversion.