[Rev. 12/19/2019 5:46:24 PM]
κ1929 Statutes of Nevada, Page 213 (CHAPTER 153, AB 136)κ
|
law. Except as otherwise specially provided in this chapter no fees or charges of any nature shall be demanded or required to be paid by the state, or any military court or member thereof, or by the person executing its mandate or process, or to any public officer for receiving, executing, or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining the person in jail or custody thereunder. Sec. 45. Commitments for Disorderly Conduct. Any person who shall be guilty of disorderly, contemptuous, or insolent behavior in, or use insulting or contemptuous or indecorous language or expressions to, or before, any military court, or any member of such court in open court, tending to interrupt its proceedings or to impair the respect due to its authority, or who shall commit any breach of the peace or make any noise or other disturbance directly tending to interrupt its proceedings, may be committed by warrant under the hand of the president of the court to the jail of the city, county, or city and county in which said court shall sit, there to be confined for a period of time not to exceed three days. Sec. 46. Fines-How Collected. For the purpose of collecting fines or penalties imposed by a court-martial, the president of any such general or special court-martial and the summary court officer of any such summary court must make a list of all such fines and penalties, and of the persons against whom they have been imposed, and must thereafter issue a warrant, under his hand, directed to any sheriff or constable of the county commanding him to levy and collect such fines, together with the costs, upon and out of the property of the person against whom the fine or penalty was imposed; and such warrant shall be executed and renewed in the same manner as executions from the justices courts are executed and renewed. All fines collected shall be paid by the officer collecting the same to the commanding officer of the organization of which the person fined is or was a member, and accounted for by said commanding officer in the same manner as are other state funds. Sec. 47. Exemptions from Liability. No officer by whom a military court is ordered, or member of any such military court or officer or person acting under its authority or reviewing the proceedings thereof or enforcing the process or sentence thereof, shall be liable civilly or criminally for any act done in such capacity. Sec. 48. Property Purchased with State Money Must Be Accounted for on Property Returns. All military property purchased out of the moneys allowed by the state shall be held to be the property of the state, and must be enumerated on the property returns next following its purchase. |
Commitments for disorderly conduct
Fines; how collected
Exemptions from liability
Property purchased with state money must be accounted for on property returns |
κ1929 Statutes of Nevada, Page 214 (CHAPTER 153, AB 136)κ
|
Responsibility for public property
Use of state and company property
Relief from civil or criminal liability |
Sec. 49. Responsibility for Public Property. Every officer and enlisted man to whom property of the state or the United States has been issued shall be personally responsible to the state for such property, and no one shall be relieved from such responsibility except it be shown to the satisfaction of the commander-in-chief that the loss or destruction of such property was unavoidable and in no way the fault of the person responsible for the same; in all other cases the value of the property lost or destroyed shall be charged against the person at fault or to the organization to which it had been issued, and such person or organization, if not relieved from such charge by the commander-in-chief, shall pay the value of such property to the adjutant general, and if the latter so demands the commanding officer of the organization to which such property was issued shall pay the value thereof to the adjutant general from the quarterly allowance to such organization. If such property belongs to the United States the value thereof so recovered shall be paid to the United States to cover the loss or destruction thereof, but if it be state property the value so recovered shall be applied by the adjutant general for military purposes. The value of lost or destroyed property and the person or organization to be charged therewith shall be determined by the usual method of survey. Sec. 50. Use of State and Company Property. (1) No soldier shall wear or use, except when on military duty, or by special permission of his commanding officer, any uniform or other article of military property belonging to the state, or to the company of which he is a member. (2) No officer in charge of public property for military use shall transfer any portion thereof, either as a loan or permanently, without the authority of the commander-in chief. Sec. 51. Relief from Civil or Criminal Liability. Members of the militia ordered into active service of the state by any proper authority shall not be liable civilly or criminally for any act done by them in line of duty. When a suit or proceeding shall be commenced in any court by any person against any officer of the militia for any act done by such officer in his official capacity in the discharge of any duty under this chapter, or against any soldier acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, it shall be the duty of the attorney-general to defend such officer or soldier; provided, however, where the action or proceeding is criminal the adjutant general shall designate the judge-advocate-general, or one of the judge advocates, to defend such officer or person. |
κ1929 Statutes of Nevada, Page 215 (CHAPTER 153, AB 136)κ
|
Sec. 52. Transfers. Enlisted men may be transferred upon their own application in the same regiment, battalion or squadron not part of a regiment, from one company or troop to another, by the commanding officer of such regiment, battalion or squadron; from one regiment, battalion or squadron not part of a regiment, signal corps, unattached troop or company, to another in a brigade, by the commanding general of that brigade or by the commander-in-chief; from an organization in one brigade to an organization in another brigade, by the commander-in-chief. Noncommissioned officers must be reduced to the grade of private before they can be transferred. No transfer shall be made except upon the approval of the commanding officers of the organizations affected. Sec. 53. Noncommissioned Officers. Commanding officers of regiments and of battalions, squadrons and companies not part of regiments shall appoint and warrant the noncommissioned officers of their respective regiments, battalions, and squadrons and companies, and they shall, in their discretion, warrant the noncommissioned officers of the troops, batteries and companies of their respective regiments, battalions, and squadrons, and companies from the members thereof, upon the written nomination of the commanding officers of the troops, batteries and companies, respectively-, In troops, batteries and companies not part of a regiment, battalion, or squadron, but attached to a brigade, the noncommissioned officers shall be warranted by the brigade commander, in his discretion, from the members thereof, upon the written nomination of the commanding officer of such troop, battery or company. In troops, batteries, companies, and corps, not attached to a brigade, regiment, battalion, or squadron, the noncommissioned officers shall be warranted by the respective commanding officers thereof. The officer warranting a noncommissioned officer shall have power to reduce to the ranks, for good and sufficient reasons, the noncommissioned officers warranted in accordance with this section. Sec. 54. Honorable Discharges. An honorable discharge shall be issued under the following circumstances, viz: To a man who has faithfully performed his duties during his term of service as required by the conditions of his enlistment or reenlistment, or during his total service, and who has been lawfully relieved of all responsibility for public property issued to him, and from all accountability to his organization. Unless unavoidable circumstances intervene such discharge will be furnished an enlisted man at once upon the expiration of his term of service, which term will date from the taking of the oath of enlistment or reenlistment. Proper steps shall be taken in due time for the settlement of the enlisted mans accounts and responsibility for property, and forwarding the necessary papers so as not to withhold the discharge after it is due. |
Transfers
Noncommissioned officers
Honorable discharges |
κ1929 Statutes of Nevada, Page 216 (CHAPTER 153, AB 136)κ
|
Honorable discharges
Dishonorable discharges
Discharges |
enlisted mans accounts and responsibility for property, and forwarding the necessary papers so as not to withhold the discharge after it is due. Any enlisted man may be honorably discharged before the expiration of his terms of service by the commanding officer of a regiment, or unattached battalion or squadron, or, if a member of an unattached company or troop, by the brigade commander or the commander-in-chief, or by order of the commander-in-chief, upon the recommendation of his commanding officer, for any of the following reasons: 1. To accept promotion by commission; 2. To enlist in the United States army, navy, or marine corps; 3. Upon disability established by a certificate of a medical officer; 4. Upon removal of residence from the state or out of the bounds of the command to which he belongs to so great a distance that in the opinion of the commanding officer he cannot properly perform his military duty; 5. At the discretion of the officers authorized to issue discharges upon the recommendation of the company, troop, or other immediate commander, when the man seeking discharge shall make application and furnish satisfactory proof under oath that further service in the national guard will entail great loss and unusual hardship upon him; such discharge shall not be granted when a man is ordered into active service; 6. To a man rendered supernumerary by the reduction of the organization of which he is a member; or who is a member of an organization which may be disbanded. Dishonorable Discharges. A dishonorable discharge shall be issued: 1. To a man sentenced by a general court-martial to be discharged; 2. To a man convicted of a felony in a civil court; 3. To a man for neglecting or refusing to pay any fine imposed by a military court within thirty days after it was imposed. Discharges. A discharge without honor may be issued: 1. By sentence of a general or summary court-martial; 2. Whenever the commanding officer of a company shall approve the application of two-thirds of the members of the company for the discharge of an enlisted man thereof; provided, that at a regular meeting of the company, or at a meeting called for that purpose, two-thirds of the members of the company desire by vote the discharge of one of their members; 3. To a man whose immediate commanding officer applies for his discharge without honor. The application for such discharge shall be directed to the officer authorized to issue it, and shall briefly state the grounds on which the discharge is applied for. |
κ1929 Statutes of Nevada, Page 217 (CHAPTER 153, AB 136)κ
|
discharge shall be directed to the officer authorized to issue it, and shall briefly state the grounds on which the discharge is applied for. The man whose discharge is applied for shall be entitled to be heard in person to explain the statements contained in the application and shall have ten days notice of such hearing, a copy of the application and of the notice of time and place of hearing being served on the man in the same manner as warnings for duty are given. If the officer authorized to issue the discharge approves of the application of the immediate commanding officer after the conclusion of the hearing above provided for, he will issue the discharge, and if he disapproves, the man will not be discharged; 4. The officers authorized to issue discharges may also upon application of company commanders discharge without honor, if convinced after proper investigation that such discharge should be issued, any enlisted man who habitually absents himself from the drills and instructions of his organization, or has shown a lack of interest in his military work sufficient to warrant the same; 5. Or any enlisted man may be discharged without honor for the good of the service by the commanding officer of the regiment, coast artillery corps or unattached battalion or squadron, or if a member of an unattached company or troop, by the brigade commander, or in other instances by the commander-in-chief, upon the recommendation of a company or troop commander and after a careful investigation by the officer issuing the discharge; 6. The officers authorized to issue the discharges hereinbefore specified are: The commanding officer of a regiment, or of a battalion, squadron or company, not part of a regiment; the commanding officer of a brigade for any organization attached to the brigade and not above specified; and the commander-in-chief; 7. The provisions of this section are in addition to the provisions of the military laws of the United States and the regulations of the United States war department governing the discharge of enlisted men, when not in conflict with such laws and regulations, which laws and regulations shall have precedence over state laws and regulations in all matters pertaining to the discharge of enlisted men of the national guard of this state. Sec. 55. Dishonorable Discharge Bars Reentry. No enlisted man dishonorably discharged from the national guard shall be permitted to again enter any company of the national guard, or to be commissioned in the national guard, except the offense is pardoned by the commander-in-chief. Sec. 56. Desertion. If any member of the national guard absents himself without leave for a period of three months from all drills or parades of his company, and there is reason to believe that he does not intend to return, he will be carried as a deserter, except when such absence is caused by sickness, the fact of such sickness to be established by doctors certificate, and his commanding officer will furnish a statement setting out all the facts, forwarding the same through military channels to the adjutant general, for the action of the governor, who may authorize the soldier to be dropped as a deserter. |
Discharges
Dishonorable discharge bars reentry
Desertion |
κ1929 Statutes of Nevada, Page 218 (CHAPTER 153, AB 136)κ
|
Deserters
Drills and parades |
is reason to believe that he does not intend to return, he will be carried as a deserter, except when such absence is caused by sickness, the fact of such sickness to be established by doctors certificate, and his commanding officer will furnish a statement setting out all the facts, forwarding the same through military channels to the adjutant general, for the action of the governor, who may authorize the soldier to be dropped as a deserter. Sec. 57. Deserters. (1) If any member of the national guard when on duty with his company, by order of the proper authority, for the suppression of insurrection, preservation of the peace, or similar duty, willfully absents himself from his command for more than twenty-four hours, he shall be carried as a deserter, and his commanding officer will take immediate steps to secure such deserters arrest. (2) Deserters in time of insurrection, or disturbance of the peace, when captured, or when voluntarily surrendering themselves, will be brought before a court-martial according to the statutes of Nevada and the rules and articles of war. (3) Lists of deserters will be published by the adjutant general, in orders, for the information of the national guard of Nevada. (4) A deserter will make good the time lost by desertion, unless discharged by competent authority. He will be considered again in the service from the date of his apprehension or surrender; but if a deserter enlists while in desertion, such service shall not be counted as making good time lost by desertion. (5) A deserter will not be restored to duty without trial except by authority competent to order his trial; such restoration, being ordered in case the desertion is admitted, does not remove the charge of desertion or relieve the soldier from any of the forfeitures attached to that offense; he must make good the time lost by desertion, refund the expenses paid for apprehension and delivery, and forfeit pay while absent. The same authority is competent to set aside a charge of desertion as having been erroneously made and his order to this effect operates to remove the charge of desertion and all stoppages and forfeitures arising therefrom. (6) Members of the national guard not charged with crime discovered to be deserters from the army, navy, or marine corps, will be dropped from the rolls of the national guard of Nevada. In such case a report will be forwarded to the adjutant general, stating all the facts connected with the case, by the proper commanding officer. Sec. 58. Drills and Parades. Officers and enlisted men of each troop and company must assemble for drill and instruction at least four times each month, at intervals of not less than one week, and for such duration as may be prescribed by the national guard regulations of the war department. |
κ1929 Statutes of Nevada, Page 219 (CHAPTER 153, AB 136)κ
|
not less than one week, and for such duration as may be prescribed by the national guard regulations of the war department. In addition to such drills and instructions, the commanding officer of any organization may require officers and enlisted men of his command to assemble for drill or instruction at such other times and places as he may appoint; provided, that no commanding officer shall order a parade without the approval of the commanding general of the brigade to which his organization is attached, or of the commander-in-chief. All mounted companies may be required to drill mounted at least four times each year. Upon the occasion of public receptions, or upon the celebration of any occasion of public receptions, or upon the celebration of any event of public importance, the commander-in-chief, or the commanding general of a brigade, may order out any portion of the national guard under his command to parade. Sec. 59. Companies Parading with Less Members Than Required by Regulations or Orders May Be Disbanded. Any company parading at any of the parades or drills in this article provided for with a less number than required by regulations or orders must be reported to the adjutant general, and by him reported to the commander-in-chief, who, in his discretion, may, with the approval of the secretary of war, disband the same. Sec. 60. Failure to Attend Parades, Etc. Every commissioned officer of the national guard who willfully fails to attend any parade or encampment, and every member of the national guard who neglects or refuses to obey the lawful command of his superior on any day of parade or encampment, or to perform such military duty as may be lawfully required of him, is punishable by a fine of not less than five not more than one hundred dollars. Sec. 61. Failure to Obey Orders. Every member of the national guard who, when duly notified, fails to appear at a parade, or who disobeys any lawful order, or who uses disrespectful language towards his superior, or who commits any act of insubordination, is guilty of a misdemeanor. Sec. 62. License to Drill or Parade with Arms. It shall not be lawful for any body of men whatever, other than the Nevada state police, the regular organized national guard of this state, and the troops of the United States, to associate themselves together as a military company or organization, to drill or parade with arms in any city or town of this state, without the license of the governor thereof, which license may at any time be revoked; and provided further, that students in educational institutions where military science is a part of the course of instruction may, with the consent of the governor, drill and parade with arms in public under the superintendence of their instructor; provided, that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords. |
Drills and parades
Companies parading with less members than required by regulations or orders may be disbanded
Failure to attend parades, etc.
Failure to obey orders
License to drill or parade with arms |
κ1929 Statutes of Nevada, Page 220 (CHAPTER 153, AB 136)κ
|
Licenses to drill; governor to issue
Governor may call into service |
under the superintendence of their instructor; provided, that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords. And any person or persons violating any of the provisions of this section shall be guilty of a misdemeanor and subject to arrest and punishment therefor. Sec. 63. Licenses to Drill-Governor to Issue. The governor shall have power to issue licenses to bodies of men to organize, drill and bear arms as military companies or organizations; provided, that whenever any such body of men shall associate themselves as a military company or organization and drill with arms under the license of the governor, such military company or organization shall file with the adjutant general of this state, at such time as the governor may designate, a muster roll of such military company or organization certified by the oath of the commanding officer thereof, which muster roll shall contain the names, ages, occupations and places of residence of all members thereof, and the number and character of all arms in the possession of such organization, and shall appear for inspection by the adjutant general or such military inspector as the governor shall designate, at least once a year, at their respective armories, at such time as the governor shall designate; and provided further, that each member of such military company or organization shall take and subscribe to an oath, before any officer authorized to administer the same, that he will support the constitution of the United States and the constitution of the State of Nevada and will obey and maintain all laws and all officers employed in administering the same. Sec. 64. Governor May Call Into Service. Whenever the governor, in his judgment, shall deem it necessary for the public safety, he may call into active service of the state, for the causes and purposes for which he may call the national guard into the active service of the state, any such military company or organization, and such military [company] or organization shall rendezvous and report for active service at such time and place and to such officer as the governor shall designate, and shall enter the active service of the state and obey all lawful orders and commands as shall be issued by the governor or any officer placed in command by his orders, in the manner as if such military company or organization were a part of the national guard, and the members of such military company or organization when called into active service by order of the governor shall be subject to all military penalties and punishments for violation of the orders of the governor, or of any officer placed in command of such organization by order of the governor, as are the members of the national guard, and shall be subject to the articles of war, the rules and regulations governing the national guard, and shall receive the same pay and allowances while in active service as the members of the national guard; and provided, however, that students in educational institutions where military science is a part of the course of instruction shall be exempt from the provisions of this act. |
κ1929 Statutes of Nevada, Page 221 (CHAPTER 153, AB 136)κ
|
to the articles of war, the rules and regulations governing the national guard, and shall receive the same pay and allowances while in active service as the members of the national guard; and provided, however, that students in educational institutions where military science is a part of the course of instruction shall be exempt from the provisions of this act. Sec. 65. Record of Attendance-Monthly Returns. Commanders of companies must cause to be kept a book in which must be entered the names and numbers of officers, noncommissioned officers, and privates, respectively, present at each drill, and must therefrom make monthly returns, said returns to be forwarded through military channels to the adjutant general. The books kept in accordance with the provisions of this section must be carefully preserved, and, when filled, forwarded to the adjutant generals office. Sec. 66. Inspection and Muster-Muster Rolls. The entire national guard may, in the discretion of the governor, be inspected at their home stations at least once in each year; provided, however, the inspection made by the United States government, through its army and navy officers, may be accepted by the commander-in-chief in his discretion as and for the state, and no other inspection ordered for the year. Sec. 67. Small Arms Practice. To encourage marksmanship, the commander-in-chief is authorized to offer annually a state decoration to those who shall excel in small arms practice to be competed for under regulations prescribed by the commander-in-chief. Sec. 68. War Service. Service by any person in the United States volunteers, or in the United States army or navy, in the time of war, insurrection, or rebellion shall be considered as continuous service in the national guard for any and all purposes regarding privileges and exemptions provided by law for members of the national guard by enlistment or commission; provided, that continuous service for an officer shall include only the time he was commissioned as such. Sec. 69. Service Medals. The state through the adjutant general shall adopt and provide a service medal or bar of appropriate design and material, to be issued for ten, fifteen, twenty, and twenty-five years of service on the active list of the national guard. There shall be no other or different medals or bars for such service. Such medals or bars shall be prepared and issued free of cost to those entitled to same by the adjutant general only upon application of the party entitled thereto, and upon proof of such service from the records of the national guard. Sec. 70. Discipline and Exercise. The system of discipline and exercise of the national guard of this state shall conform generally to that of the army of the United States as it is now or may hereafter be prescribed by the president, and to the provisions of the laws of the United States, except as otherwise provided for in this chapter. |
Record of attendance; monthly returns
Inspection and muster; muster rolls
Small arms practice
War service
Service medals
Discipline and exercise |
κ1929 Statutes of Nevada, Page 222 (CHAPTER 153, AB 136)κ
|
Warning for duty
Excuses from duty
Camps of instruction
Penalty for absence from drills |
as it is now or may hereafter be prescribed by the president, and to the provisions of the laws of the United States, except as otherwise provided for in this chapter. Sec. 71. Warning for Duty. Officers and enlisted men may be warned for duty as follows: Either by stating the substance of the order, or reading the order to the person warned, or by delivering a copy of such order to such person, or by leaving a copy of such order at the last known place of abode or business of such person with some one of suitable age and discretion, or by sending a copy of such order or notice by mail directed to him at his last known place of abode or business or to the post office nearest thereto. Such warning may be given by any officer or noncommissioned officer. The officer or noncommissioned officer giving such warning shall make a return thereof containing the names of the persons warned, and the time, place, and manner of warning. Such return shall be verified by his oath, which may be administered by any commanding officer; such verified return shall be as good evidence on trial of any person returned as a delinquent, of the facts therein stated, as if such officer or noncommissioned officer had testified to the same before the delinquency court of such trial. Every commanding officer shall make like return, on honor, and with like effect, of every delinquency and neglect of duty of his officers and noncommissioned officers, and also of every enlisted man who shall refuse or neglect to perform such military duty as may be required. Sec. 72. Excuses from Duty. The officer ordering any military duty shall have the power to excuse any officer or enlisted man for absence therefrom upon good and sufficient grounds. Sec. 73. Camps of Instruction. Each troop, signal corps or company, not specially excused by the commander-in-chief, will be required to attend camps of instructions, under such regulations as the commander-in-chief may prescribe, and under such instructors as he may appoint. Any company failing to report for duty at any camp of instruction must be reported to the adjutant general, who must report the same to the commander-in-chief, who may, in his discretion, disband it. Sec. 74. Penalty for Absence from Drills. All officers or members of the national guard who absent themselves from five consecutive assemblages, without an excuse acceptable to their immediate respective commanding officers, are debarred from the privileges and exemptions provided for members of the national guard; and all noncommissioned officers or privates upon being reported as having been so absent shall forthwith, with the consent and approval of the commander-in-chief, be discharged by order of the regimental or unattached battalion or squadron commander in their respective commands, and in all other organizations not attached to regiments, battalions, or squadrons, but attached to brigades, by order of the brigade commander, and in all unattached organizations, by order of the governor. |
κ1929 Statutes of Nevada, Page 223 (CHAPTER 153, AB 136)κ
|
or unattached battalion or squadron commander in their respective commands, and in all other organizations not attached to regiments, battalions, or squadrons, but attached to brigades, by order of the brigade commander, and in all unattached organizations, by order of the governor. Sec. 75. Pay of Officers and Enlisted Men While on Active Duty. Officers while on active duty in the service of the state shall receive the same pay and allowance as officers of similar grade in the United States army and United States navy. Enlisted men while on active duty in the service of the state shall receive two dollars per day; provided, that all enlisted men in attendance at joint maneuver camps of the national guard and United States army in pursuance of the orders of the commander-in-chief shall receive two dollars per day in excess of the government pay per day at such camp; provided, that the time for which pay is allowed shall not exceed fifteen days in any one year; and provided further, that officers of the national guard on duty in the adjutant generals office when called into active service within this state by competent authority shall receive the same pay and allowance as officers of similar grade of the United States army. In case the legislature does not appropriate sufficient money to pay two dollars per day to each enlisted man participating in joint maneuvers, then the money actually appropriated shall be apportioned among, and paid pro rata, to the enlisted men participating, upon estimate made by the adjutant general in advance of such apportionment and payment, and shall be paid from the appropriation for the support of the Nevada national guard under regulations to be prescribed by the adjutant general. Sec. 76. Pay of Officers When Detailed on Special Duty. Whenever an officer of the national guard is detailed for special duty in any matter relating to the national guard, by order of the commander-in-chief, or by order of the brigade, regimental, battalion or squadron commander, on approval of the commander-in-chief, he shall be allowed ten dollars per day and actual traveling expenses. An enlisted man similarly detailed shall be allowed four dollars per day and actual traveling expenses. Whenever an officer or enlisted man of the United States army or navy, detailed by the war or navy department for service with the national guard of Nevada, is detailed by the commander-in-chief of this state for special duty involving travel not specially directed by the war or navy department, said officer or enlisted man shall be allowed his actual traveling expenses, but no per diem. Sec. 77. State Employees. Every employee of the State of Nevada who is now, or hereafter may be, an active member of the Nevada national guard shall be relieved from his duties upon request therefor, approved by his commanding officer and the adjutant general, to attend the joint maneuvers of the United States army and the national guard, either within or without the state, without loss of his regular compensation, for a period not to exceed fifteen days, and any such absence shall not be deemed such employees annual vacation provided for by law. |
Pay of officers and enlisted men while on active duty
Pay of officers when detailed on special duty
State employees |
κ1929 Statutes of Nevada, Page 224 (CHAPTER 153, AB 136)κ
|
Bonds of officers; captain ex officio company treasurer
Failure to account; penalty |
duties upon request therefor, approved by his commanding officer and the adjutant general, to attend the joint maneuvers of the United States army and the national guard, either within or without the state, without loss of his regular compensation, for a period not to exceed fifteen days, and any such absence shall not be deemed such employees annual vacation provided for by law. Sec. 78. Bonds of Officers-Captain Ex Officio Company Treasurer. All officers of the national guard of Nevada must give such bonds and security as may be required and within the time prescribed by the adjutant general to secure the state for loss on account of the misuse or misapplication of any state or company property or funds or property of the United States in use by the state. Said bonds must be conditioned upon the faithful performance of all duties and accounting for all property and moneys, including company funds, of which the commanding officer, who is ex officio treasurer, shall be custodian. Where a bonding company is required or given as surety, the cost of bonds may be paid from the state allowance to commanding officers; provided, that the premium on the bond required to be furnished by any officer of the national guard of Nevada detailed or appointed to disburse United States funds may be paid to such officer upon proper claim from such military fund as the adjutant general may direct. The amounts of such bonds shall be as follows: The adjutant general in the sum of ten thousand dollars, brigade quartermaster in the sum of two thousand dollars, regimental quartermaster in the sum of two thousand dollars, battalion quartermaster in the sum of one thousand dollars, commanding officers of regiments, naval militia, unattached battalions and squadrons in the sum of one thousand dollars, commanding officers of companies, troops, batteries, in the sum of two thousand dollars; all other officers in the sum of five hundred dollars. Sec. 79. Failure to Account-Penalty. Any officer who is accountable for any state or company funds or property who fails or neglects to deliver over such funds or property to the person designated by proper authority to relieve such officer, shall be held responsible and shall be charged with all shortages both of funds and property not covered by the receipt obtained by such officer from the person to whom he shall have delivered over such property. Quartermasters shall be held accountable and responsible for all property issued to the headquarters to which they are attached, or with which they are on duty. All moneys, including company funds, of which the commanding officer is the custodian, shall be deposited in a United States national bank or a responsible bank duly incorporated under and by virtue of the laws of the State of Nevada. |
κ1929 Statutes of Nevada, Page 225 (CHAPTER 153, AB 136)κ
|
Sec. 80. Transportation of Arms. The transportation of arms, equipments, and military stores issued to troops or received by the state, and another military transportation, must be contracted for by the United States property and disbursing officer under the direction of the adjutant general or commander-in-chief; and vouchers for such transportation, when approved by the adjutant general, must be paid from the appropriation for military purposes on the warrant of the state controller. Sec. 81. Adjutant General to Audit Claims. The adjutant general must audit and allow all proper claims against the military fund incurred by the United States property and disbursing officer for movement of troops in the service of this state and by officers attached to the same. Sec. 82. Duties of Controller and Treasurer. The controller of the state must draw his warrants for any amount approved and allowed as provided in this title, and the treasurer of the state must pay the same out of the appropriation for military purposes, if not otherwise provided. Sec. 83. Right of Way-Freedom from Interference. The commanding officer of any portion of the active militia parading or performing any military duty in any street or highway may require any or all persons in such street or highway to yield the right of way to such militia; provided, the carriage of United States mail, the legitimate functions of the police, and the progress and operations of the hospital ambulances and fire engines and fire departments shall not be interfered with thereby. All others who shall hinder, delay or obstruct any portion of the active militia whenever parading or performing any military duty, or who shall attempt so to do, shall be guilty of a misdemeanor. Sec. 84. Trespassers and Disturbers to Be Placed in Arrest. The commanding officer upon any occasion of duty may place in arrest during the continuance thereof any person who shall trespass upon the camp ground, parade ground, armory, or other place, or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the passage of troops going to or returning from any duty. Sec. 85. Bands. When bands of music have not been organized for any regiment or battalion in the manner provided in the regulations of the army of the United States, such regiment or battalion, through its commanding officer, may hire the services of any band of musicians; and the persons so employed are, during the term of their engagement, subject to the same laws and regulations that govern the military with which they may serve. Sec. 86. Decorations and Medals. The insignia of the veterans of the Mexican war, the Military Order of the Loyal Legion, the Grand Army of the Republic, the United Spanish War Veterans, American Legion, Veterans of Foreign Wars and of the armies or army corps, indicating actual services in the field, medals presented by the United States, or any of the several states, indicating service in the Spanish-American war, or World war, and badges indicating long and faithful service in the national guard of this and other states, and state decorations for marksmanship, may be worn by officers and men of the Nevada National Guard entitled to them, upon the breast, in one line, on the dress or full dress uniform coat, the top of the ribbons on a line with the armpit, in the order named above, from right to left. |
Transportation of arms
Adjutant general to audit claims
Duties of controller and treasurer
Right of way; freedom from interference
Trespassers and disturbers to be placed in arrest
Bands
Decorations and medals |
κ1929 Statutes of Nevada, Page 226 (CHAPTER 153, AB 136)κ
|
Decorations and medals
Exemptions, etc.
Casualties in national guard; how provided for |
Loyal Legion, the Grand Army of the Republic, the United Spanish War Veterans, American Legion, Veterans of Foreign Wars and of the armies or army corps, indicating actual services in the field, medals presented by the United States, or any of the several states, indicating service in the Spanish-American war, or World war, and badges indicating long and faithful service in the national guard of this and other states, and state decorations for marksmanship, may be worn by officers and men of the Nevada National Guard entitled to them, upon the breast, in one line, on the dress or full dress uniform coat, the top of the ribbons on a line with the armpit, in the order named above, from right to left. No other medals, badges, ribbons, or decorations shall be worn. Sec. 87. Exemptions, Etc. (1) All officers and enlisted men of the national guard who comply with all military duties, as provided by law and regulations, are entitled to the following privileges and exemptions, viz: Exemption from poll tax, exemption from jury duty, and service on any posse comitatus. All officers and enlisted men who have faithfully served in the military service of this state for a space of seven consecutive years, or eleven years not consecutive, and received the certificate of the adjutant general certifying the same, are thereafter exempted from further jury duty and military duty except in time of war. And the adjutant general must issue such certificate of exemption when it appears that the party applying is entitled to the same. (2) Officers and enlisted men heretofore or hereafter honorably discharged or mustered out of the service by reason of the disbandment or consolidation of any organization, or by the provisions of any act of the legislature, shall be, and the same are hereby, entitled to all the privileges and exemptions mentioned in this section, upon making a proper application therefor; provided, they shall have served at least five years continuously in the national guard. (3) Former members of the national guard who have been honorably discharged for expiration of term of service or on account of removal, and have returned to the limits of their commands, and officers who have resigned, been honorably discharged, or whose terms have expired, who reenlist or reenter the national guard within ninety days from the date of their discharge or the expiration of their term of office will be given credit for continuous service and the enlistment considered consecutive. Sec. 88. Casualties in the National Guard; How Provided For. In all cases in which any officer or enlisted man of the national guard of the State of Nevada shall be wounded, injured, disabled or killed while in the service of the state, such officer or enlisted man, or the dependents of such officer or enlisted man, shall be entitled to receive compensation from the State of Nevada, in accordance with the provisions of an act entitled An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 15, 1913, 137, and amendments thereto; provided, that there shall be paid to the Nevada industrial commission monthly, from the appropriation for the industrial insurance of state employees, after approval by the adjutant general, such sum for premium as may be fixed and agreed upon by the commander-in-chief and the Nevada industrial commission, based upon the number of officers and enlisted men, in regular attendance, and the number of hours served during the said month as shown by the reports filed with the adjutant general, who shall certify the same to said commission. |
κ1929 Statutes of Nevada, Page 227 (CHAPTER 153, AB 136)κ
|
such officer or enlisted man, shall be entitled to receive compensation from the State of Nevada, in accordance with the provisions of an act entitled An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 15, 1913, 137, and amendments thereto; provided, that there shall be paid to the Nevada industrial commission monthly, from the appropriation for the industrial insurance of state employees, after approval by the adjutant general, such sum for premium as may be fixed and agreed upon by the commander-in-chief and the Nevada industrial commission, based upon the number of officers and enlisted men, in regular attendance, and the number of hours served during the said month as shown by the reports filed with the adjutant general, who shall certify the same to said commission. In all such cases such officer or enlisted man shall be held and deemed to be an employee of the State of Nevada. The compensation to be awarded to any such officer or enlisted man, or to the dependents of any such officer or enlisted man, shall be ascertained, determined and fixed upon the basis of his average income from all sources during the year immediately preceding the date of such injury or death, or the commencement of such disability; provided, however, that such compensation shall in no case exceed the maximum prescribed in the said act approved. Sec. 89. By-Laws. Regimental, battalion, and company rules of government and by-laws, regularly adopted by a majority of the elected officers of such regiments and battalions, or members of companies, and approved by the commander-in-chief, may be adopted and enforced in such regiments, battalions, and companies, if they are not in conflict with the laws and regulations of this state. Sec. 90. Fines. All fines and penalties for nonattendance upon drills, parades, and inspections, legally determined and imposed under the provisions of this act, may be collected by action in justices court, in the name of the people of the State of Nevada; and the books and records of regiments, battalions, and companies, and the proceedings under which delinquents are fined, are prima-facie evidence of the facts therein stated. Sec. 91. Rules and Regulations. The commander-in-chief is hereby authorized to make such rules and regulations as he may deem expedient, but such rules and regulations shall conform to this act and, as nearly as practicable, to those governing the United States army, and when promulgated shall have the same force and effect as the provisions of this chapter. |
Casualties in national guard; how provided for
By-laws
Fines
Rules and regulations |
κ1929 Statutes of Nevada, Page 228 (CHAPTER 153, AB 136)κ
|
Custom and usage of the United States army or navy
Colors
No fees allowed to officers for administering oaths
Unlawful to discriminate against national guards
Unlawful conversion of military property |
conform to this act and, as nearly as practicable, to those governing the United States army, and when promulgated shall have the same force and effect as the provisions of this chapter. The rules and regulations in force at the time of the passage of this chapter shall remain in force until new rules and regulations are approved and promulgated. Sec. 92. Custom and Usage of the United States Army or Navy. All matters relating to the organization, discipline and government of the national guard not otherwise provided for in this act or in the general regulations shall be decided by the custom and usage of the United States army or navy, respectively. Sec. 93. Colors. The colors carried by organizations of the national guard shall be such as are borne by similar organizations of the United States army, except that the regimental or battalion colors may have thereon the state coat of arms, instead of the arms of the United States; and no military organization provided for by the constitution and laws of the state and receiving state support shall, while under arms, either for ceremony or duty, carry any device, banner, or flag of any state or nation except that of the United States or the State of Nevada. Sec. 94. No Fees Allowed to Officers for Administering Oaths. Oaths required in any matter connected with the military service may be administered and certified by any duly commissioned officer of the national guard of Nevada, or other officer authorized to administer oaths under the laws of the State of Nevada, and no charge shall be made for the same. Sec. 95. Unlawful to Discriminate Against National Guards. No association or corporation shall by any constitution, rule, by-law, resolution, vote or regulation discriminate against any member of the national guard of Nevada because of his membership therein. Any person who willfully aids in enforcing any such constitution, rule, by-law, resolution, vote or regulation against any member of said national guard of Nevada is guilty of a misdemeanor. Sec. 96. Unlawful Conversion of Military Property. Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by a commissioned officer of the national guard, or in any manner pawn or pledge any arms, uniforms, equipments, or other military property of the State of Nevada or of any company of the national guard shall be guilty of a misdemeanor. Sec. 97. Prohibiting Wearing of Uniform of United States Army or Navy or National Guard. Every person, other than an officer or enlisted man of the national guard of the State of Nevada, or of any other state, or of the United States army, navy, marine corps or revenue service or forest service, or inmate of any veterans or soldiers home, or honorably discharged soldier, sailor or marine, or student at any high school or college within this state, where military science and tactics are regularly taught, as prescribed by war department regulations, who at any time wears the uniform of the United States army, or navy, or marine corps, or national guard, or any part of such uniform, or a uniform or part of a uniform similar thereto, within the bounds of the State of Nevada, is guilty of a misdemeanor, and if found guilty of such offense shall be punishable by a fine of not less than one hundred nor more than two hundred and fifty dollars, or by imprisonment in the county jail not exceeding sixty days, or by both such fine and imprisonment; provided, that nothing in this act shall be construed as prohibiting persons of the theatrical profession from wearing such uniform in any playhouse or theater while actually engaged in following said profession; and provided, that nothing in this act shall be construed as prohibiting the uniform rank of civic societies parading or traveling in a body or assembling in a lodge room; and provided further, that whenever the national guard, or any part thereof, is in active service or is called into active service, no civic organization or member thereof shall parade or appear in uniform in the locality where said national guard is in service. |
κ1929 Statutes of Nevada, Page 229 (CHAPTER 153, AB 136)κ
|
honorably discharged soldier, sailor or marine, or student at any high school or college within this state, where military science and tactics are regularly taught, as prescribed by war department regulations, who at any time wears the uniform of the United States army, or navy, or marine corps, or national guard, or any part of such uniform, or a uniform or part of a uniform similar thereto, within the bounds of the State of Nevada, is guilty of a misdemeanor, and if found guilty of such offense shall be punishable by a fine of not less than one hundred nor more than two hundred and fifty dollars, or by imprisonment in the county jail not exceeding sixty days, or by both such fine and imprisonment; provided, that nothing in this act shall be construed as prohibiting persons of the theatrical profession from wearing such uniform in any playhouse or theater while actually engaged in following said profession; and provided, that nothing in this act shall be construed as prohibiting the uniform rank of civic societies parading or traveling in a body or assembling in a lodge room; and provided further, that whenever the national guard, or any part thereof, is in active service or is called into active service, no civic organization or member thereof shall parade or appear in uniform in the locality where said national guard is in service. Sec. 98. Exemption from Arrest. No person belonging to the military forces is subject to arrest on civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty. Sec. 99. Governor to Commission Officers. 1. The governor, as commander-in-chief of the militia, shall issue commissions to all officers appointed therein. The commissions shall be attested by the secretary of state with the great seal, and also by the adjutant general with the seal of his office. No fee shall be charged for military commissions. He shall have the power to appoint from the members of the national guard all commissioned officers that may by law be required, and for whose appointment no other provision is made. Sec. 100. General Oath for National Guard Officers. Every officer of the Nevada National Guard shall take and subscribe to the following oath, viz: I, , do solemnly swear that I will support and defend the constitution of the United States, and the constitution of the State of Nevada, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the president of the United States and of the governor of the State of Nevada; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of .. in the national guard of the United States and of the State of Nevada, upon which I am about to enter. So help me God. |
Prohibiting wearing of uniform of United States army or navy or national guard
Exemption from arrest
Governor to commission officers
General oath for national guard officers
|
κ1929 Statutes of Nevada, Page 230 (CHAPTER 153, AB 136)κ
|
Commission, when takes effect; oath
Eligibility required to receive a commission
Examination |
Sec. 101. Commission, When Takes Effect-Oath. A copy of the federal oath for national guard officers, as prescribed by law, shall be indorsed on each commission, and each officer shall take said oath and transmit a copy of such commission with the federal oath subscribed thereon, taken before an officer qualified to administer oaths, to the adjutant general. The commission shall take effect on the day of the taking of the oath; provided, the copy be forwarded. Such duplicate commission with the oath indorsed thereon shall remain on file in the adjutant generals office, and be a part of the permanent record of such office. Sec. 102. Eligibility Required to Receive a Commission. No person other than the adjutant general shall hereafter be commissioned as an officer of the Nevada national guard unless he shall have been selected from the following classes and shall have taken and subscribed to the oath of office prescribed in section seventy-three of the act of Congress, approved June 3, 1916, as amended: Officers or enlisted men of the federally recognized national guard; officers, active or retired, reserve officers, and former officers of the army, navy, or marine corps; enlisted men and former enlisted men of the army, navy, or marine corps who have received an honorable discharge therefrom; graduates of the United States military and naval academies; and graduates of schools, colleges, universities, or officers training or citizens military training camps, where they have received military instruction under the supervision of an officer of the regular army who certified their fitness for appointment as commissioned officers; and for the technical branches or staff corps and departments, such other civilians as may be specially qualified for duty therein; provided, that all medical officers shall be regularly graduated, licensed and practicing physicians or surgeons, licensed to practice their profession in Nevada, or shall have been surgeons in the United States army or navy. All judge advocates of the national guard of Nevada shall be members of the bar of the supreme court of the State of Nevada. All engineer officers must be graduate engineers, able to design as well as to direct engineering works. All chaplains shall be regularly ordained and licensed priests or ministers of the gospel of some denomination; provided further, that persons having served in the army, navy, or marine corps of the United States, of this state or any other state in the United States, and who have not been honorably discharged therefrom shall not be eligible for a commission in the national guard of the State of Nevada. Sec. 103. Examination. Before receiving a commission, or before being commissioned to a higher grade as a result of promotion, every officer of the national guard must have passed a satisfactory physical examination before a medical officer of the United States army or national guard, active or reserve, and a satisfactory examination before a board of commissioned officers as to his knowledge of military affairs and general knowledge and fitness for the service, and any one failing to pass such examination shall not be eligible for an officer in the national guard or for promotion for a period of one year after date of such failure; provided, that a candidate for original appointment or for promotion may, upon his own application, be reexamined after the expiration of six months from the date of the first examination. |
κ1929 Statutes of Nevada, Page 231 (CHAPTER 153, AB 136)κ
|
passed a satisfactory physical examination before a medical officer of the United States army or national guard, active or reserve, and a satisfactory examination before a board of commissioned officers as to his knowledge of military affairs and general knowledge and fitness for the service, and any one failing to pass such examination shall not be eligible for an officer in the national guard or for promotion for a period of one year after date of such failure; provided, that a candidate for original appointment or for promotion may, upon his own application, be reexamined after the expiration of six months from the date of the first examination. Sec. 104. Examining Boards. Boards of examination under the preceding section shall consist of three officers. Such boards shall have the same power to take evidence, administer oath, and compel witnesses to attend and testify, produce books and papers, and punish their failure to do so, as is possessed by a general court-martial. Sec. 105. Age Limit for Commissioned Officers. To comply with the provisions of section 110 of the act of Congress entitled An act for making further and more effectual provisions for the national defense, and for other purposes, approved June 4, 1920, as amended, 42 Statutes at Large, part 1, it is hereby provided that staff officers, including officers of the pay, inspection, subsistence, and medical departments, now on the active list or hereafter appointed, shall have had previous military experience and shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court martial legally convened for that purpose, and that vacancies among said officers shall be filled by appointment from the officers of the militia of this state. Sec. 106. Consequences of Failure to Take Oath. The failure to take the oath or to forward the copy thereof to the adjutant general shall not be a bar to the prosecution of any officer as such if he shall have performed any act or function pertaining to the office, nor shall the failure in taking or forwarding of the oath prescribed at enlistment be a bar to the prosecution of any member; but such failure on the part of either officer or other member shall be a misdemeanor, and as soon as known at headquarters the office shall be declared vacant, or the membership void and of no effect. Sec. 107. Informality in Appointment. No informality in an appointment or a commission, or in the qualification thereon, shall invalidate the acts or commands of an officer performing duties in obedience to orders, but the failure to correct such informality when known shall be a misdemeanor. Sec. 108. Vacancies, How Filled. If not otherwise vacated or terminated, the commission of any officer called into active service shall continue until he shall be mustered out by the order of the commander-in-chief. |
Examination
Examining boards
Age limit for commissioned officers
Consequences of failure to take oath
Informality in appointment
Vacancies, how filled |
κ1929 Statutes of Nevada, Page 232 (CHAPTER 153, AB 136)κ
|
Vacancies, how filled
Commissions
Rank of officers
Resignation of commissions
Commission deemed vacated, when |
out by the order of the commander-in-chief. All vacancies of officers and noncommissioned officers in active service shall be filled by appointment or promotion, the first by the commander-in-chief and the second by the commanding officer of the battalion, or of the company, in case such company forms no part of any battalion. In filling such vacancies of commissioned officers, the commander-in-chief shall, as a general rule, promote by seniority or appoint, on the recommendation of their superior officers, those in active service. Sec. 109. Commissions. All officers shall be commissioned by the commander-in-chief, but he may refuse to issue a commission to any person appointed if the person be in any way unqualified or unworthy to be an officer in the national guard; but no one shall be commissioned unless the conditions set forth in sections 102 to 104, inclusive, of this code have been complied with, and no one shall be recognized as an officer unless he shall have been duly commissioned and shall have taken the oath of office and filed the bond in the manner and as required by law. Sec. 110. Rank of Officers. All officers of the national guard must take rank according to the date assigned them by their commissions, which date shall be that of their appointment; and when two of the same grade are of the same date, their rank must be demined, first, by the length of previous service as an officer in the national guard; second, by the length of previous military service in the national guard; third by lot. Officers of the national guard are in all cases of superior rank to officers of the enrolled militia of the same grade, irrespective of the dates of their commissions. Sec. 111. Resignation of Commissions. Any officer resigning his commission shall do so in writing and transmit the same through his immediate commanding officer, who will make his endorsements thereon and transmit same to the adjutant general, and the resignation shall go into effect when accepted by the commander-in-chief, and announced in orders. Vacancies of commissioned officers of organized companies and battalions (not in active service) caused by resignation, death or removals shall be filled by appointment in accordance with the provisions of this act. Sec. 112. Commission Deemed Vacated, When. The commission of any staff officer whose term of office depends upon the pleasure of the officer by whom he is appointed, shall, when such officer is not in active service, be considered as vacated upon the qualification of his successor, and shall be so noted upon the proper books, or rolls, kept in the office of the adjutant general of the state. Sec. 113. Property Exempt from Execution. Horses and equipments of officers of mounted companies and all company property of uniformed companies, organized under this act, shall be exempt from execution. |
κ1929 Statutes of Nevada, Page 233 (CHAPTER 153, AB 136)κ
|
equipments of officers of mounted companies and all company property of uniformed companies, organized under this act, shall be exempt from execution. Sec. 114. Members of Staff-Appointment-Qualifications. Each officer entitled to a staff shall appoint the members of his staff, unless otherwise provided by law. Each staff officer so appointed shall be an actual, and not merely constructive, resident of Nevada and of the district or military division in which he is to serve. Sec. 115. Acceptance of Staff Appointment-Resignation-Target Practice. Any officer of a regiment, battalion, or company receiving and accepting any staff appointment, except that of adjutant, shall be considered as ipso facto resigning his commission in such regiment, battalion, or company. Any officer may be permitted by the commander-in-chief to join in target practice and matches with the company of which he was a member when appointed or elected. Sec. 116. Appointment of Officers. When a vacancy occurs among the general officers of the line of the national guard, the governor shall propose to the war department, upon the recommendation of the adjutant general, the name of an officer to fill the vacancy. The officer so recommended will be required to take such examination as may be prescribed by the war department. When notified by the war department that the officer has successfully passed such examination, the governor shall commission him; provided, that pending the announcement of the results of such examination the governor may issue a temporary commission to the appointee. Staff officers of a brigade, regiment unit of coast artillery corresponding to a regiment of infantry, and staff officers of a separate battalion or separate squadron, shall be recommended to the adjutant general by such brigade, regimental battalion or squadron commander, or commanding officer of unit of coast artillery corresponding to a regiment of infantry, who may recommend not to exceed three candidates to the adjutant general, who will cause such candidates to be examined. In making these recommendations seniority of candidates will be taken into consideration. In the case of officers of separate organizations, the adjutant general will select not to exceed three candidates, whom the adjutant general will cause to be examined. The candidate receiving the highest rating in such examination will be recommended by the adjutant general to the governor for commission, subject to such examination as may be prescribed by the war department. All officers shall be commissioned in the arm of the service in which they are appointed and shall be assigned to duty by the adjutant general upon recommendation of the commanding officer of the regiment, unit of coast artillery corresponding to a regiment of infantry, separate battalion or squadron. |
Property exempt from execution Members of staff; appointment; qualifications
Acceptance of staff appointment; resignation; target practice
Appointment of officers |
κ1929 Statutes of Nevada, Page 234 (CHAPTER 153, AB 136)κ
|
Line officers
Absence of officer; next in command succeeds
Authority of officers
Cashiered officers precluded from further commission
Retired list |
the regiment, unit of coast artillery corresponding to a regiment of infantry, separate battalion or squadron. Sec. 117. Line Officers. Officers of the line shall be appointed as provided for the appointment of staff officers in the preceding section hereof, and in accordance with the terms of the national defense act of June 3, 1916, and the various amendments thereto. All line officers shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability or for cause to be determined by a court-martial legally convened for that purpose. Sec. 118. Absence of Officer-Next in Command Succeeds. In the absence of any appropriate commander, the next in rank in the command of troops, where not otherwise provided in this act, shall succeed to his authority. Sec. 119. Authority of Officers. Every senior, in his appropriate command, shall have authority to control the actions of his junior, in accordance with the principles of military subordination under the laws and usages that govern the United States army. Sec. 120. Cashiered Officers Precluded from Further Commission. Any officer cashiered by sentence of a court-martial shall be precluded thereby from holding any commission in the military service of the state except the sentence be remitted by the commander-in-chief. Sec. 121. Retired List. (1) Any commissioned officer who has become disabled from longer performing the active duties of his office may, upon his own application, be placed upon the retired list; provided, that such disability shall have been incurred while in the performance of duty. (2) If an officer for the above reason desires to be placed upon the retired list he shall make application to the commander-in-chief to appoint a board of medical officers, who shall examine him as to his disability, and if such disability has not been incurred by reason of any dereliction, they shall, if they deem proper, recommend that his application be granted; and upon approval of such application by the commander-in-chief the adjutant general shall issue orders retiring such officer. (3) Any commissioned officer who shall have served as such in the national guard of this state for a period of eight years may, upon his own application, be placed upon the retired list and withdrawn from active service and command with the rank held by him at the time such application is made. And any person who shall have at any time heretofore served as a commissioned officer in the militia or national guard of this state for a period of eight years shall, upon his own application and due proof of such service, be placed upon the retired list with the rank held by him at the time of the expiration of his commission. |
κ1929 Statutes of Nevada, Page 235 (CHAPTER 153, AB 136)κ
|
of the expiration of his commission. Upon application as above provided being duly made and approved, the commander-in-chief shall cause orders to be issued retiring the officer who makes application therefor in accordance with the provisions of this section; provided, however, that nothing herein contained shall be construed to permit the placing upon the retired list of any officer who shall have been dishonorably dismissed from the service. (4) Any officer who shall have been rendered supernumerary by reason of the reorganization of the national guard and any officer who shall have been mustered out by reason of the discontinuance of the organization with which he is serving shall, upon his application, be placed upon the retired list with the rank held by him at the time he becomes supernumerary; provided, he shall have served for five years continuously as a commissioned officer of the national guard. (5) The officers on the retired list shall only be subject to detail for duty by orders from the commander-in-chief; and he shall cause to be issued such orders as he may deem necessary, detailing them for duty upon boards of officers for military purposes, courts-martial, and courts of inquiry, and for such other military duties as, in his judgment, may be advisable. When, however, officers on the retired list are detailed for active duty other than upon boards of officers, courts-martial and courts of inquiry, they shall only be entitled to pay of the rank which properly belongs to the office, the duties of which they are detailed to perform. When the duty ends, or the detail is canceled, the officers shall again return to the retired list with their former retired rank. A roster of all officers on the retired list shall be kept in the adjutant generals office. (6) Officers on the retired list may return to the active list by appointment, and when such term of appointment shall cease may, upon application, be returned to the retired list with the rank previously held by them on said retired list; provided, however, that when an officer has been taken from the retired list by appointment, and shall have served more than one year thereafter on the active list he may be returned to the retired list with the rank then held by him on the active list. (7) Officers on the retired list shall, on all occasions of duty and on all occasions of ceremony, take rank next to officers of like rank on the active list. (8) Any commissioned officer who shall have served as a commissioned officer in the national guard of Nevada for period of fifteen years may, upon his own application, be placed upon the retired list and be withdrawn from active service and command with an increase of rank of one grade above that held by him at the time such application is made. |
Retired list |
κ1929 Statutes of Nevada, Page 236 (CHAPTER 153, AB 136)κ
|
Examination and discharge of officers
Absence or removal; when deemed resignation
Dishonorable discharge bar to reentry and to holding office
Brevet commission |
above that held by him at the time such application is made. Nothing in this section shall be construed to permit the placing on the retired list of any officer who shall have been dishonorably dismissed from the service. Sec. 122. Examination and Discharge of Officers. The commander-in-chief, whenever he may deem that the good of the service requires it, or upon the request of a brigade commander, or other commanding officer, may order any commissioned officer before a board of examination, to consist of three officers of the grades specified in the national guard regulations of the war department, which is hereby in-vested with the powers of courts of inquiry and courts-martial, and such board shall examine into the moral character, capacity, and general fitness for the service of such commissioned officer, and record and return the testimony taken and a record of its proceedings. If the findings of such board be unfavorable to such officer and be approved by the commander-in-chief, he shall be discharged from the service. No officer whose grade or promotion should in any way be affected by the decision of such board, in any case that may come before it, shall participate in the examination or decision of the board in such case. Failure to appear when ordered before a board constituted under this section shall be sufficient ground for a finding by such board that the officer ordered to appear be discharged. Sec. 123. Absence or Removal-When Deemed Resignation. Any commissioned officer who absents himself from the state, or from his command, for three months, without the permission of the commander-in-chief, is deemed to have resigned, and such resignation shall be announced in orders from the adjutant generals office immediately after the fact of such absence becomes officially known. Sec. 124. Dishonorable Discharge Bar to Reentry and to Holding Office. No dishonorably discharged officer or enlisted man of the national guard shall be permitted to hold any public office of trust or emolument in this state, or be permitted to again enter any organization of the national guard, or be commissioned in the national guard, except the offense be pardoned by the commander-in-chief. No enlisted man discharged without honor from the national guard of Nevada shall be permitted to again enter any organization of the national guard except the offense be pardoned by the commander-in-chief. Sec. 125. Brevet Commission. The commander-in-chief may, upon the recommendation of their commanding officers, confer brevet commissions of a grade next higher than the ordinary or brevet commissions ever held by them, upon officers of the national guard in active service for gallant conduct. Such commissions shall carry with them only such privileges or rights as are allowed in like cases in the military and naval service of the United States. |
κ1929 Statutes of Nevada, Page 237 (CHAPTER 153, AB 136)κ
|
privileges or rights as are allowed in like cases in the military and naval service of the United States. Sec. 126. Governors Military Staff. The military staff of the governor as commander-in-chief of the Nevada national guard until January 1, 1931, shall consist of one adjutant general with the rank of brigadier general, who shall be chief of staff, one chief of engineers, one judge-advocate-general, one paymaster-general, each with the rank of colonel; thirty-six aides-de-camp, each with the rank of lieutenant colonel, two standard bearers, with the rank of master sergeant, and a standard guard of four privates, first-class; provided, that on and after January 1, 1931, the military staff of the governor and commander-in-chief shall consist of chiefs of the several staff corps and departments of the national guard, and the lieutenant colonel of the adjutant generals department of the national guard shall be chief of staff, and may include five personal aides-de-camp, whom the commander-in-chief may appoint and commission at direction [discretion], and who shall have the rank of major, two standard bearers, with the rank of master sergeant and a standard guard of four privates, first-class. The standard bearers and guard shall be appointed by general orders from active enlisted men of the Nevada national guard, or former members thereof who have been honorably discharged and shall have served for a period of two years, unless such appointment shall be revoked. The functions and duties of the commissioned officers and enlisted personnel of the state staff and state detachments of the Nevada national guard shall be as prescribed by the militia bureau of the war department. Sec. 127. Appointment of Adjutant General. 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 and commission 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, and the usual allowance for necessary traveling expenses. Sec. 128. Bond of Adjutant General, How Approved-Suspension. Before entering upon the duties of his office the adjutant general shall give bonds to the people of the State of Nevada, with good and sufficient sureties, to be approved by the governor, in the sum of ten thousand ($10,000) dollars, conditioned that he shall faithfully perform all the duties enjoined on him by law. If at any time the governor shall deem the sureties so given to be insufficient, he shall require the adjutant general to give new sureties, to be approved by him, and if the adjutant general shall refuse or neglect to do so the governor shall suspend him from office, and immediately report his proceedings to the senate, if the legislature be in session, and if not, then at the beginning of the next session, and if the senate approve such suspension it shall be regarded as a removal from office, but if the senate disapprove of the suspension the adjutant general shall resume the duties of his office. |
Governors military staff
Appointment of adjutant general
Bond of adjutant general, how approved; suspension |
κ1929 Statutes of Nevada, Page 238 (CHAPTER 153, AB 136)κ
|
Bond of adjutant general, how approved; suspension
Adjutant generals department |
the governor shall deem the sureties so given to be insufficient, he shall require the adjutant general to give new sureties, to be approved by him, and if the adjutant general shall refuse or neglect to do so the governor shall suspend him from office, and immediately report his proceedings to the senate, if the legislature be in session, and if not, then at the beginning of the next session, and if the senate approve such suspension it shall be regarded as a removal from office, but if the senate disapprove of the suspension the adjutant general shall resume the duties of his office. During the time of his suspension from office as such adjutant general he shall receive no portion of his salary, but if such suspension is disapproved he shall receive his back pay. Sec. 129. Adjutant Generals Department. The adjutant generals department shall consist of one lieutenant colonel and one major (the latter to be appointed by the commander-in-chief when the work of the department shall require such appointment), both of whom shall be either commissioned in the adjutant generals department or detailed from officers of other arms of the service or the national guard reserve, and such other officers as may be prescribed by the national defense act of June 4, 1920, and the various amendments thereto. The lieutenant colonel shall be chief of the department and his designation shall be the adjutant general, State of Nevada; the major shall be designated the assistant adjutant general, State of Nevada. The adjutant general will be appointed by and hold office at the pleasure of the governor or until his successor is appointed and qualifies. The assistant adjutant general will be appointed by the governor, taking into consideration the recommendation of the adjutant general, and shall hold office at the pleasure of the governor, or until his successor is appointed and qualifies; provided, that the qualifications for the appointment of the grades of lieutenant colonel and major in the adjutant generals department shall be the same as prescribed in sections 102 to 104, inclusive, of this code for a general officer. The officer appointed the assistant adjutant general shall be on duty in the adjutant generals office. All officers in the adjutant generals department shall be appointed by the governor, taking into consideration the recommendation of the adjutant general and, with the exception of the adjutant general and the assistant adjutant general, shall hold their positions until they have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose; provided, that the officers of the adjutant generals department that are to be assigned to brigades shall be appointed as provided for other staff officers in section 116 of this code. All officers appointed to the grade of major in the adjutant generals department shall have served not less than one year as commissioned officers in the national guard of Nevada or in the United States army, or in both services combined. |
κ1929 Statutes of Nevada, Page 239 (CHAPTER 153, AB 136)κ
|
appointed to the grade of major in the adjutant generals department shall have served not less than one year as commissioned officers in the national guard of Nevada or in the United States army, or in both services combined. There shall be employed in the adjutant generals department such necessary civilian employees as may be necessary. They shall be appointed by the adjutant general, and assigned such duties as in his judgment will most effectively carry on the work of such department. He shall fix the compensation to be paid such employees, who shall not be paid any sum in excess of that paid for similar work in other state departments; provided, that no such person shall be employed except with the consent and written approval of the board of examiners upon a showing as to the necessity therefor; provided further, that the legislature shall have appropriated a sufficient sum to compensate such employees, who shall be paid at the same time and in the same manner as other state officers are paid. Sec. 130. Duties of the Adjutant General. The chief of the adjutant generals department shall be in control of the military department of the state, and subordinate only to the commander-in-chief in matters pertaining to the said department. He shall be chief of staff. He shall perform such duties as are prescribed in this title and such other duties consistent with the regulations and customs of the United States army and United States navy as may be prescribed by the commander-in-chief. All the duties of the adjutant general shall be performed under the direction of the commander-in-chief. (1) He shall keep a register of all the officers of the militia of the state, and keep in his office all records and papers required to be kept and filed therein, and make a biennial report to the commander-in-chief including a detailed statement of the moneys received and disbursed by him for military purposes during that period, and the number and condition of the national guard. (2) He shall, at the expense of the state, when necessary, cause the military law, general regulations of the state and articles of war of the United States, and such other military publications as may be necessary for the military service, to be printed, indexed, and bound in compact form and distributed to the commissioned officers and the several organizations of the national guard. (3) He shall cause to be prepared and issued all necessary blank books, blanks and notices required to carry into full effect the provisions of this title. All such books and blanks shall be and remain the property of the state. (4) The seal now used in the office of the adjutant general shall be the seal of his office, and shall be delivered by him to his successor. All orders issued from his office shall be authenticated with his seal, and all copies of records or papers in his office, duly certified and authenticated under said seal, shall be received in evidence in all cases. |
Adjutant generals department
Duties of adjutant general |
κ1929 Statutes of Nevada, Page 240 (CHAPTER 153, AB 136)κ
|
Duties of adjutant general |
be authenticated with his seal, and all copies of records or papers in his office, duly certified and authenticated under said seal, shall be received in evidence in all cases. (5) In order that the national guard of the state may receive the funds provided by Congress, it shall be the duty of the adjutant general of the state to prepare and submit a plan of proposed field or camp service of instruction for the ensuing year, with an estimate of the funds required for pay, subsistence, and transportation of the portion of the national guard participating therein; and said estimate to furnish the details and to be made out in the form required by instructions from the secretary of war. (6) He shall make such regulations pertaining to the preparation of reports and returns and to the care and preservation of property, in the possession of the state for military purposes, whether belonging to the state or to the United States, as in his opinion the conditions demand; such regulations to be operative and in force when promulgated in the form of general orders, circulars or letters of instruction. (7) The adjutant general shall have control of all armories and arsenals built by the state, or that may come into possession of the state, or any building or buildings or quarters therein that may be erected, purchased, leased or provided by any town, city, county, or city and county, for armory or arsenal purposes pursuant to any legislative act. It shall be the duty of the adjutant general, under direction of the governor, to make and enforce regulations for the government and control of such armories, arsenals and buildings, and where appropriations have been made therefor to advertise for and receive bids for the construction of armories, or arsenals, to enter into contract for the construction and completion thereof, to contract for and purchase the furnishings therefor, and to purchase and lease real estate for the purpose of erecting armories or arsenals thereon. (8) The adjutant general shall encourage and promote rifle and pistol practice by Nevada clubs affiliated with the National rifle association, and select and appoint representatives from such clubs to attend the National rifle and pistol matches held annually at Camp Perry, Ohio. Not more than three hundred ($300) dollars of the amount appropriated for the support of the adjutant generals office may be annually used in the purchase of ammunition to be used by such rifle clubs, which shall be sold at cost, plus transportation charges. (9) The adjutant general shall attest all commissions issued to military officers. (10) He shall superintend the preparation of all returns and reports required by the United States from the state on military matters. |
κ1929 Statutes of Nevada, Page 241 (CHAPTER 153, AB 136)κ
|
(11) In the absence or inability of the adjutant general to perform his duties, the senior ranking officer on duty in the adjutant generals office of the rank of major shall perform the duties prescribed for the adjutant general, and in the absence or inability of both of said officers, the commander-in-chief may detail a national guard officer to perform the said duties during such absence or inability. The duties of the officers of the adjutant generals department shall be such as prescribed by law and the commander-in-chief, and shall conform as closely as practicable to the duties prescribed by orders and regulations of the war department for like officers in the United States army. (12) The adjutant general shall at least once during each year visit within its own county every company of the national guard in this state, and shall inspect the dress, arms and bearing of every soldier appearing, also every regimental, brigade and division officer and staff, and he shall report such inspection to the commander-in-chief. (13) On the expiration of his term of office, the adjutant general, or the person performing his duties ad interim, will turn over to his successor, in good order, all arms, ordnance, ordnance stores and other property belonging to the state, and all the books, papers, bonds, and money in his charge and pertaining to his office. Sec. 131. Governor to Appoint Adjutant General, When. During the suspension of the adjutant general from office, or his absence or inability from any cause to perform his duties, the governor may appoint a qualified officer, not below the rank of captain, as acting adjutant general for such period as may be deemed necessary, and such officer so designated shall receive as compensation for such service as the adjutant general the sum of $10 per day, and necessary traveling expenses, during the period of the latters suspension, absence or inability to perform his duties, and shall be paid at the time and in the same manner as other state officers are paid. Sec. 132. Adjutant General Custodian State Armory. The adjutant general of the State of Nevada under the direction of the board of capitol commissioners is hereby made the custodian of the state armory building and grounds at Carson City, Nevada The adjutant general is hereby authorized to rent or lease said armory building and charge and collect therefor a fair rental, and the money derived therefrom shall be placed by the adjutant general in a revolving fund in the name of the adjutant general. Deposits of such money to be made in a bank at Carson City, Nevada, and the adjutant general is authorized to spend the money in said revolving fund for necessary repairs and improvements of said building and grounds, and he shall in his biennial report to the governor render a complete and accurate statement of all moneys received and expended from said fund. |
Duties of adjutant general
Governor to appoint adjutant general, when
Adjutant general custodian state armory |
κ1929 Statutes of Nevada, Page 242 (CHAPTER 153, AB 136)κ
|
Quartermaster corps
The state quartermaster |
repairs and improvements of said building and grounds, and he shall in his biennial report to the governor render a complete and accurate statement of all moneys received and expended from said fund. Sec. 133. Quartermaster Corps. The quartermaster corps shall consist of a state quartermaster with the rank of major (who shall be the United States property and disbursing officer), and of such officers, enlisted men and civilian employees as are deemed necessary by the commander-in-chief in organizing said corps, and such officers and enlisted men shall have the same titles as those corresponding grade in the United States army, and shall be of the same grades and numbers as are authorized or prescribed by the laws and regulations of the United States for the corresponding corps of the United States army, or as authorized or prescribed by the said laws and regulations of the war department of the national guard. The enlistments in the quartermaster corps and the appointments of noncommissioned officers and the employment of civilian employees therein shall be as prescribed by the commander-in-chief. The duties of the officers, the enlisted men and civilian employees of the quartermaster corps shall be such as prescribed by the commander-in-chief, and conform to the duties prescribed by orders and regulations of the war department for a like corps of the United States army. Sec. 134. The State Quartermaster. 1. Shall attend to the care, preservation, and safe-keeping and repairing of the arms, ordnance, accouterments, equipments, and all other military property belonging to the state or issued to the state by the government of the United States for the purpose of arming and equipping the organized militia. 2. All military property of the state which, after a proper inspection, shall be found unsuitable for the use of the state shall, under the direction of the commander-in-chief, be disposed of by the United States property and disbursing officer at public auction after suitable advertisement for the sale, daily for ten days, in at least one newspaper published in the English language in the city or county where the sale is to take place; or the same may be sold at private sale or may be condemned and destroyed when so ordered by the commander-in-chief. He shall bid in the property or suspend the sale whenever in his opinion better prices may or should be obtained. 3. He shall, from time to time, render to the commander-in-chief a just and true account of the sales made by him, and shall expend the proceeds of the same in the purchase of other military property, as the commander-in-chief may direct. And all such military property belonging to the state may be disposed of by the United States property and disbursing officer. |
κ1929 Statutes of Nevada, Page 243 (CHAPTER 153, AB 136)κ
|
state may be disposed of by the United States property and disbursing officer. 4. He shall be responsible for all the arms, ordnances, accouterments, equipments and other military property which may be issued to the state by the secretary of war in compliance with the law; and it shall thereafter be his duty to prepare returns of such arms and other property of the United States at the time and in the manner required by the secretary of war. 5. He shall, upon the order of the commander-in-chief, turn in to the ordnance department of the United States army the rifles, carbines, bayonet scabbards, gun slings, belts, and such other necessary accouterments and equipments the property of the United States and in the possession of the state, which may be replaced from time to time by new arms, equipment, etc., sent by the United States in substitution therefor, and cause the same to be shipped, under the instructions from the secretary of war, to the designated arsenal or depot at the expense of the United States. 6. When the national guard of the state shall be fully armed and equipped with the standard magazine arms, and the standard equipment and accouterment of the United States army, he shall cause all the remaining arms, equipments, etc., the property of the United States and in possession of the state, to be transferred and shipped as above directed. 7. He shall keep a just and correct account of all expenses necessarily incurred, including pay of officers and enlisted men, subsistence of military property of the state, and such expenses shall be audited and paid in the same manner as other military accounts are audited and paid. 8. He shall issue such military property as the commander-in-chief shall direct, and under his direction shall make purchases for that purpose. No military property shall be issued to persons or organizations other than those belonging to the active militia, except such portions of the reserve militia as may be called out by the commander-in-chief. Purchases of property not exceeding five hundred dollars in value shall be made in such manner as the United States property and disbursing officer shall direct. If such purchases shall require an expenditure of a sum exceeding five hundred dollars he shall publicly advertise for not less than ten days for sealed proposals for furnishing such property; such proposals shall be publicly opened by him at the place, day and hour designated in such advertisement; provided, however, that he may purchase at any time any or all military property, equipments and supplies required by the military department of the state from the United States government, under the provisions and regulations of the war and navy departments governing such purchases. |
The state quartermaster |
κ1929 Statutes of Nevada, Page 244 (CHAPTER 153, AB 136)κ
|
The state quartermaster
Medical department |
under the provisions and regulations of the war and navy departments governing such purchases. He shall, if the commander-in-chief approve, make contract with the lowest responsible bidder to furnish such property. All proposals and contracts made under the authority hereby conferred shall be filed in the office of the adjutant general. 9. The United States property and disbursing officer is authorized and directed, whenever in his opinion it shall be to the interest of the state, to require the party who shall agree or contract to furnish such property to give bond to the people of the state in such sum and with such surety as he shall direct, conditioned for the faithful performance of such agreement or contract. 10. In case of default such bond shall be prosecuted by the attorney-general and all moneys received therefrom shall be expended by the United States property and disbursing officer for the benefit of the national guard. All property purchased under authority herein granted shall be inspected by an inspector or officer detailed for the purpose by the commander-in-chief, and no payment shall be made therefor until it shall appear by the certificate of such officer that such property is of the kind and quality specified in such agreement or contract. 11. In case of insurrection, invasion, tumult, riot, breaches of the peace, or imminent danger thereof, the commander-in-chief may temporarily suspend the operation of this paragraph and direct the United States property and disbursing officer to purchase such military property or supplies as may be required in open market. Sec. 135. Medical Department. The medical department of the national guard of Nevada shall consist of a medical corps, dental corps, veterinary corps, and hospital corps, and of such officers and enlisted men as are deemed necessary by the commander-in-chief in organizing said department, and such officers and enlisted men shall have the same title as those of corresponding grades of the United States army, and shall be of the same grades and numbers as are authorized or prescribed by the laws and regulations of the United States for the medical department of the United States army or as authorized and prescribed by the said laws or regulations of the war or for the national guard. The duties of the officers and enlisted men of the medical department shall be such as prescribed by the commander-in-chief and shall conform to the duties prescribed by orders or regulations of the war or navy departments for a like department of the United States army. When deemed necessary by the commander-in-chief a medical reserve corps, or female nurse corps, or both, may be provided. Sec. 136. Corps of Engineers. The corps of engineers shall consist of such officers and enlisted men of the grades and numbers as may be prescribed by the commander-in-chief, and the same shall be of the grades and numbers as are authorized and prescribed by the laws and regulations of the war department for the corresponding corps of the United States army, and as are authorized and prescribed by the said laws and regulations of the war department for the national guard. |
κ1929 Statutes of Nevada, Page 245 (CHAPTER 153, AB 136)κ
|
and numbers as may be prescribed by the commander-in-chief, and the same shall be of the grades and numbers as are authorized and prescribed by the laws and regulations of the war department for the corresponding corps of the United States army, and as are authorized and prescribed by the said laws and regulations of the war department for the national guard. The duties of officers and enlisted men of the corps of engineers shall be such as prescribed by the orders and regulations of the war department for like officers and enlisted men of the United States army. Sec. 137. Inspector Generals Department. The inspector generals department shall consist of such officers of the grades and numbers as may be prescribed by the commander-in-chief and the same shall be of the grades and numbers as are authorized and prescribed by the laws and regulations of the war department for the corresponding department of the United States army and as are authorized and prescribed by said laws and regulations of the war department for the national guard. The duties of the officers of the inspector generals department shall be such as prescribed by the commander-in-chief and shall conform to the duties prescribed by orders and regulations of the war department for like officers of the United States army. Sec. 138. Judge-Advocate-Generals Department. The judge-advocate-generals department shall consist of such officers of the grades and numbers as may be prescribed by the commander-in-chief and the same shall be of the grades and number as are authorized and prescribed by the laws and regulations of the war department for the. corresponding department of the United States army, and as are authorized and prescribed by said laws and regulations of the war department for the national guard. The duties of the officers of the judge-advocate-generals department shall be as are prescribed by the commander-in-chief, and shall conform to the duties prescribed by the orders and regulations of the war department for like officers of the United States army. Sec. 139. Ordnance Department. The ordnance department shall consist of a chief of ordnance (who shall be the adjutant general) and of such officers and enlisted men as are necessary for the organization of such a department. Sec. 140. Signal Corps. The signal corps shall consist of such officers and enlisted men of the grades and numbers as may be prescribed by the commander-in-chief, and the same shall be of the grades and numbers as are authorized and prescribed by the laws and regulations of the war department for the corresponding corps of the United States army, and as are authorized and prescribed by said laws and regulations of the war department for the national guard. The duties of the officers and enlisted men of the signal corps shall be as prescribed by the commander-in-chief and shall conform to the duties prescribed by the orders and regulations of the war department for like officers and enlisted men of the United States army. |
Corps of engineers
Inspector generals department
Judge-advocate-generals department
Ordnance department
Signal corps |
κ1929 Statutes of Nevada, Page 246 (CHAPTER 153, AB 136)κ
|
Field artillery
Cavalry
Infantry |
corps shall be as prescribed by the commander-in-chief and shall conform to the duties prescribed by the orders and regulations of the war department for like officers and enlisted men of the United States army. Sec. 141. Field Artillery. The field artillery shall be organized into batteries, battalions, separate battalions, and regiments, conforming to similar organizations of the United States army as to numbers, ranks and grades of commander, officers, staffs, enlisted men and equipment; provided, that the commander of a separate battalion shall have on his staff one veterinarian who, when in active service, shall draw the same pay as a veterinarian of the United States army. He shall be appointed as staff officers are appointed. Sec. 142. Cavalry. The cavalry shall consist of such number of troops as the commander-in-chief shall designate. The troops of cavalry shall be organized into regiments, or squadrons, at the discretion of the commander-in-chief. Such number of officers and enlisted men of the ranks and grades that obtain in the United States army for similar organizations shall constitute the organizations of the cavalry of the national guard; provided, however, that for a separate squadron of cavalry the commander-in-chief shall appoint one veterinarian who shall be on the staff of the squadron commander, and who, when in active service, shall receive the same pay as a veterinarian in the United States army. Sec. 143. Infantry. The organization of infantry of the national guard shall conform in numbers and grades of commander, staffs, officers and enlisted men to similar organizations of the United States army. The infantry shall be organized into brigades, regiments, battalions, separate battalions, companies, separate companies and detachments conforming as to officers, staff, personnel and equipment to like organizations of the United States army. The minimum strength of an infantry company of the national guard in time of peace shall be such officers and enlisted men of such numbers and grades as are deemed necessary by the commander-in-chief, and in conformance with the laws and regulations of the United States for similar companies of the United States army, or to the said laws and regulations of the war department for the national guard. No person shall be commissioned as a general officer in the national guard of this state unless he shall have attained to the grade of field officer and shall have had four years previous experience either as a commissioned officer in command or in service with troops of the line of this state or of another state, or territory, or District of Columbia, or of the United States army or marine corps, or in any or all of said services combined. Sec. 144. Machine Gun Companies. Machine gun units may be organized and assigned as provided for similar organizations of the United States army, in the discretion of the commander-in-chief of the national guard of Nevada. |
κ1929 Statutes of Nevada, Page 247 (CHAPTER 153, AB 136)κ
|
organizations of the United States army, in the discretion of the commander-in-chief of the national guard of Nevada. Such number of officers and enlisted men of the ranks and grades as obtain in the United States army for similar organizations, shall constitute such machine gun units. Sec. 145. Antiaircraft and Other Special Units. Antiaircraft and other special units may be organized and assigned as provided for similar organizations of the United States army, in the discretion of the commander-in-chief of the national guard of Nevada. Such number of officers and enlisted men of the ranks and grades as obtain in the United States army for similar organizations shall constitute such antiaircraft and other special units. Sec. 146. Acts Repealed. All acts designated in the following schedule, and all other acts and parts of acts in conflict herewith, shall stand repealed from and after the time when this act goes into effect.
Schedule An act to provide for organizing and disciplining the militia of the state, approved March 4, 1865; An act to prohibit and punish the retention of the state and company property or any property in charge of the national guard for individuals, approved March 1, 1893; An act relative to military affairs in this state, approved March 19, 1891; An act relating to military encampments, approved March 6, 1893; An act relating to national guard and enrolled militia, approved March 6, 1893; An act relating to the Nevada national guard, approved March 6, 1899; An act to amend an act entitled An act relating to the organized and other enrolled militia, and to repeal certain acts in conflict therewith, approved March 7, 1913; An act to promote the efficiency of the Nevada national guard and to conform to the military laws of the United States, approved March 15, 1923; An act to prevent the desecration of the flag of the United States and of the flag of this state, approved March 20, 1907; An act relating to the custody of the state armory building and grounds, approved February 28, 1907; Sec. 147. Emergency Act. This act shall be deemed an emergency act, and shall be in force and effect from and after its passage and approval by the governor. |
Machinegun companies
Antiaircraft and other special units
Acts repealed
Emergency act |
________
κ1929 Statutes of Nevada, Page 248κ
|
Salaries of officers of Clark County
Sheriff; deputies
Recorder and auditor; deputies
County clerk; deputies |
[Assembly Bill No. 120Mr. Duffill]
Chap. 154An Act to regulate the salaries of certain county officials of Clark County.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after April 1, 1929, county officials and deputy county officials of Clark County, Nevada, shall receive compensation as hereinafter provided, to wit: The sheriff of Clark County shall receive a salary of two thousand seven hundred ($2,700) dollars per annum, and such commissions as are now allowed by law, not to exceed in the aggregate a total compensation of three thousand ($3,000) dollars per annum, including actual traveling expenses necessarily incurred in civil and criminal cases when it becomes necessary to travel a greater distance than five (5) miles from the county seat. He shall appoint a deputy sheriff, who shall also act as jailer, who shall receive a salary of two thousand four hundred ($2,400) dollars per annum. The sheriff may, subject to the approval of the board of county commissioners, appoint necessary deputy sheriffs at a compensation not exceeding one hundred seventy-five, ($175) dollars per month. Each of said so appointed deputy sheriffs to give such bond as may be required by the sheriff or by the board of county commissioners. The county recorder and auditor shall receive a compensation of two thousand four hundred ($2,400) dollars per annum. He shall be allowed one deputy at a salary of one hundred twenty-five dollars ($125) per month, and the board of county commissioners may allow such additional sums for such deputy, not to exceed one hundred fifty ($150) dollars per month, as in their judgment the volume of work in the office may require. The county recorder and auditor may, subject to the approval of the county commissioners, appoint such other deputies as the work may require at a compensation of not to exceed one hundred twenty-five ($125) dollars per month. Each of said deputies so appointed shall give bond as may be required by the county recorder and auditor or by the board of county commissioners. All fees paid into the office of recorder and auditor shall belong to the county. The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of two thousand seven hundred ($2,700) dollars per annum. He shall be allowed one deputy at a salary of one hundred twenty-five dollars ($125) per month, and the board of county commissioners may allow such additional sum for such deputy, not to exceed one hundred fifty ($150) dollars per month, as in their judgment the volume of work in the office may require. |
κ1929 Statutes of Nevada, Page 249 (CHAPTER 154, AB 120)κ
|
board of county commissioners may allow such additional sum for such deputy, not to exceed one hundred fifty ($150) dollars per month, as in their judgment the volume of work in the office may require. The county clerk, subject to the approval of the county commissioners, may appoint such other deputies as the work may require at a compensation of not to exceed one hundred twenty-five ($125) dollars per month. The county assessor shall receive a salary of two thousand seven hundred ($2,700) dollars per annum, which shall be in full compensation for all services rendered, and in addition thereto shall receive all necessary traveling expenses while in the performance of his duty. He shall be allowed one deputy at a salary of one hundred twenty-five dollars ($125) per month, and the board of county commissioners may allow such additional sum for such deputy, not to exceed one hundred fifty ($150) dollars per month, as in their judgment the volume of work in the office may require. The county assessor may, subject to the approval of the county commissioners, appoint such other deputies as the work may require at a compensation to be fixed by the board of county commissioners. The district attorney shall receive a salary of three thousand ($3,000) dollars per annum, which shall be full compensation for all services rendered and, in addition thereto, shall receive all necessary traveling expenses while in the performance of his duty. He shall be allowed an additional sum of nine hundred ($900) dollars per annum for the hire of a stenographer in said office. If the work in the district attorneys office shall justify the appointment of a deputy, said deputy shall be appointed upon the approval of the board of county commissioners at a salary of not to exceed two hundred dollars ($200) per month. The county treasurer shall receive a salary of two thousand one hundred ($2,100) dollars per annum. The chairman of the board of county commissioners, without additional compensation, shall be ex officio purchasing agent of the county, which office is hereby created. The duties of said office shall be as prescribed by the board of county commissioners. The chairman of the board of county commissioners shall receive a salary of one hundred ($100) dollars per month, and the other members of the board of county commissioners shall receive a compensation of fifty dollars ($50) per month, and each commissioner shall be entitled to a fee of ten (10’) cents per mile in traveling to and from commissioners meetings. Sec. 2. The county assessor, county auditor and recorder, county treasurer, and county clerk of Clark County may, in cases of emergency, appoint additional deputies, assistants or clerks, such deputies, assistants or clerks to serve only as long as said emergency exists, and to be paid a salary not to exceed the sum of one hundred twenty-five ($125) dollars per month. |
Assessor; deputies
District attorney; deputies
Treasurer
Chairman of board of county commissioners ex officio county purchasing agent; salary
Additional deputies for certain officials |
κ1929 Statutes of Nevada, Page 250 (CHAPTER 154, AB 120)κ
|
To be paid monthly
Duties of certain officers
Repeal In effect |
or clerks, such deputies, assistants or clerks to serve only as long as said emergency exists, and to be paid a salary not to exceed the sum of one hundred twenty-five ($125) dollars per month. Sec. 3. The salaries herein provided shall be payable in twelve (12) equal monthly installments. Sec. 4. The board of county commissioners of Clark County shall allow the salaries named in section one (1) of this act as other salaries are allowed, the auditor shall draw his warrants for the same, and the county treasurer shall pay the same. Sec. 5. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 6. This act shall become effective from and after its passage and approval. |
________
|
Bond issue for Clark County courthouse
County commissioners to prepare bonds |
[Assembly Bill No. 165Mr. Fanatia]
Chap. 155An Act authorizing and empowering the board of county commissioners of Clark County, State of Nevada, to issue bonds for the construction and maintenance of a county jail and addition to the county courthouse in said county, and other matters properly connected therewith.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of constructing a county jail and additions to the Clark County courthouse at Las Vegas, Clark County, Nevada, the board of county commissioners of Clark County, Nevada, is hereby authorized and empowered to issue bonds in the name of Clark County in the sum of one hundred and fifty thousand dollars, said bonds to be known as the Clark County Jail and Courthouse Bonds. Sec. 2. The said board of county commissioners shall cause said bonds to be prepared, and they shall be signed by the chairman of said board and its clerk and the county treasurer, and authenticated by the official seal of said county. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond, so they may be removed without injury to the bonds, numbered consecutively and signed by the county treasurer or printed facsimile of his signature. |
κ1929 Statutes of Nevada, Page 251 (CHAPTER 155, AB 165)κ
|
Sec. 3. The said bonds may be issued on the same or different dates in the discretion of the commissioners of Clark County. The bonds shall be numbered consecutively. The said board of county commissioners is authorized to issue and to negotiate the sale of said bonds from time to time as the said board deems necessary, to the highest responsible bidders, for cash, at a price not less than their par value, or at private sale at not less than their par value; the proceeds of such sales shall be placed in what is known as the Clark County Jail and Courthouse Funds, which shall be used only for the purpose of carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn on the county treasurer of said county in payment of obligations contracted under the provisions of this act. Sec. 4. The said bonds shall be of the denomination of one thousand dollars each; they shall be numbered consecutively and they shall bear interest at not exceeding six per centum per annum, said interest payable semiannually on the first day of July and the first day of January of each year after the issuance of said bonds until paid in full. The commissioners of Clark County shall fix the various maturities of the bonds issued; provided, however, that said bonds and each of them shall mature and be redeemed at a time not later than twenty years from the date of issue. Said bonds shall be redeemed and paid according to the terms and maturities until the whole amount of said bonds so issued, together with interest, shall have been redeemed and paid. Sec. 5. For the purpose of creating a fund for the redemption and payment of the said bonds and the interest thereon, the said board of county commissioners of said county shall, when and after said bonds have been issued, and annually thereafter, at the time of levying taxes for state and county purposes and in the same manner, levy a tax upon all property subject to taxation within the said Clark County sufficient in its judgment to provide for the payment of the interest annually due on said bonds and the redemption and payment of the said bonds as hereinbefore provided. Said taxes shall be assessed and collected as are other taxes, and shall be paid into a fund to be known as the Clark County Jail and Courthouse Fund, and shall be used for no other purpose except as herein provided; said fund shall be held by the county treasurer of said county and paid out by him as herein provided. At the maturity of the said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said Clark County Jail and Courthouse Fund, and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable and shall have been called in for redemption. |
Bonds not to be sold for less than their par value
Denomination of bonds
To be redeemed within 20 years
Tax levied to redeem bonds
Treasurer to cancel bonds |
κ1929 Statutes of Nevada, Page 252 (CHAPTER 155, AB 165)κ
|
Legality of bonds not open to contest
Balance to remain in funds
Faith of state pledged
In effect |
be allowed or paid on any of said bonds after they have become due and payable and shall have been called in for redemption. Sec. 6. When said bonds and coupons shall have been executed as herein provided, their legality shall not be open to contest by said county or by any person or corporation for or on its behalf for any reason whatsoever. Sec. 7. Any balance remaining in any fund hereby created and provided for after the accomplishment of the said purposes shall remain in said fund for the maintenance of said jail and courthouse Sec. 8. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation hereby imposed be omitted, until all of the bonds and coupons issued under and by virtue of this act shall have been paid in full as herein provided. Sec. 9. This act shall become effective from and after its passage and approval. |
________
|
Salaries of officers of Lander County
Sheriff; deputies |
[Assembly Bill No. 205Mr. Tandy]
Chap. 156An 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, as amended.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of said act is hereby amended so as to read 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: 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. |
κ1929 Statutes of Nevada, Page 253 (CHAPTER 156, AB 205)κ
|
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. He may also appoint a deputy who shall be janitor of the court house at Austin, supervisor of the light system, and night watchman in the town of Austin, who shall receive the sum of one hundred and fifty 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 twenty-four hundred dollars ($2,400) 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. |
Necessary expenses allowed in certain cases
Assessor
Recorder and auditor
Treasurer
County clerk
District attorney
County commissioners |
________
κ1929 Statutes of Nevada, Page 254κ
|
Unlawful for others than lawyers to solicit legal business
Penalty for violation of act
In effect |
[Assembly Bill No. 212Mr. Duffill]
Chap. 157An Act to prevent persons not licensed and entitled to practice law under the laws of the State of Nevada from soliciting legal or other business for attorneys at law in this state and receiving reward or compensation therefor from such attorneys, and to provide punishment therefor.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons within the State of Nevada, unless he or they be an attorney at law or attorneys at law, licensed and entitled to practice law under and by virtue of the laws of the State of Nevada, to solicit, influence or procure, or aid or participate in soliciting, influencing or procuring any person within this state to employ, hire or retain any attorney at law within this state for any legal service whatsoever, when such person or persons first hereinabove mentioned shall have, either before or after so soliciting, influencing or procuring, or aiding or participating therein as aforesaid, accepted or received or have been offered or promised from such attorney last mentioned, either directly or indirectly, any benefit, service, money, commission, property or any other thing of value, as consideration therefor, or compensation therefor, or reward therefor, or remuneration therefor, or in recognition thereof. Sec. 2. Any person who violates any of the provisions of this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum not less than $100, and not more than $500, or be imprisoned in the county jail not less than one month and not more than six months, or both. Sec. 3. This act shall become effective from and after its passage and approval. |
________
κ1929 Statutes of Nevada, Page 255κ
|
[Assembly Bill No. 31Mr. Duffill]
Chap. 158An Act to amend an act entitled An act regulating and prescribing the hours that the sheriffs, county recorders, county clerks, county assessors, treasurers, and district attorneys of all of the counties in the State of Nevada shall keep their offices open for the transaction of public business, and providing a penalty for the violation thereof, and repealing all acts in conflict herewith, approved March 29, 1907.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. The sheriffs, county recorders, county clerks, assessors, county treasurers, and district attorneys shall keep an office at the county seat of their county which shall be kept open on all days except Sundays and nonjudicial days from nine oclock a. m. to twelve oclock m., and on all days except Sundays, nonjudicial days and Saturdays from one oclock p. m. to five oclock p. m. for the transaction of public business; provided, that the provisions of this act shall not apply to the district attorney when called away from his office by official duties; provided that nothing contained herein shall be construed so as to interfere with any duty now required of any public official under any of the election laws of this state. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. |
Office hours of county officers
Repeal |
________
|
[Senate Bill No. 34Senator Friedhoff]
Chap. 159An Act to amend An act relating to trespasses of live stock upon cultivated land, and specifying what shall constitute a legal fence for the purposes of this act, approved March 24, 1917.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act is hereby amended to read as follows: Section 2. A legal fence is hereby defined for the purposes of this act as a fence with not less than four horizontal barriers, consisting of wires, boards, poles or other fence material in common use in the neighborhood, with posts set not more than twenty feet apart. |
Legal fence defined |
κ1929 Statutes of Nevada, Page 256 (CHAPTER 159, SB 34)κ
|
Legal fence defined
In effect |
more than twenty feet apart. The lower barrier shall be not more than twelve inches from the ground and the space between any two barriers shall be not more than twelve inches and the height of top barrier must be at least forty-eight inches above the ground. Every post shall be so set as to withstand a horizontal strain of two hundred and fifty pounds at a point four feet from the ground, and each barrier shall be capable of withstanding a horizontal strain of two hundred and fifty pounds at any point midway between the posts; provided, that the board of county commissioners of any county in the State of Nevada may, by county ordinance, modify these provisions so as to suit the local conditions in the respective counties or any district therein. Sec. 2. This act shall take effect immediately upon its passage and approval. |
________
|
Salary of sheriff of White Pine County
Recorder and auditor |
[Senate Bill No. 67Senator Proctor]
Chap. 160An Act to amend an act entitled An act to amend an act entitled An act to amend an act to segregate certain county offices in White Pine County, State of Nevada, and fixing the salaries, to take effect on the first Monday in January, 1909, approved March 29, 1907, as amended March 15, 1917.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act is hereby amended so as to read as follows: Section 2. The sheriff shall receive an annual salary of three thousand dollars, his actual traveling expenses in summoning jurors and subpenaing witnesses, and commission on all money collected on sheep license. He shall have authority to appoint a deputy or deputies, also a jailer who shall act as janitor and night watchman of the courthouse. The sheriff shall collect all fees authorized by law and pay into the county treasury each month all moneys collected by him. Sec. 2. Section 3 of the above-entitled act is hereby amended so as to read as follows: Section 3. The county recorder and ex officio county auditor shall receive an annual salary of three thousand dollars. All fees authorized by law shall be collected by him and paid to the county treasurer on the first Monday of each and every month. He is authorized to appoint deputies, the salaries of such deputies to be fixed by the board of county commissioners. |
κ1929 Statutes of Nevada, Page 257 (CHAPTER 160, SB 67)κ
|
board of county commissioners. The appointment of such deputies shall only be made with the approval of the board of county commissioners, for such time as said board may deem necessary. Sec. 3. Section 4 of the above-entitled act is hereby amended so as to read as follows: Section 4. The county clerk and ex officio clerk of the board of county commissioners shall receive an annual salary of three thousand dollars in twelve equal monthly payments. All fees as authorized by law shall be collected by him and paid to the county treasurer on the first Monday of each and every month. Sec. 4. Section 6 of the above-entitled act is hereby amended so as to read as follows: Section 6. The county assessor shall receive an annual salary of three thousand dollars in twelve equal monthly payments. Sec. 4a. The county treasurer shall receive an annual salary of three thousand dollars m twelve equal monthly payments. He shall have authority to appoint a deputy, whose salary shall be twenty-four hundred dollars per annum, and such salary shall be paid in the same manner as the salary of the county treasurer. Sec. 5. This act shall become effective from and after its passage and approval. |
County clerk
Assessor
Treasurer; deputy
In effect |
________
|
[Senate Bill No. 132Senator Fairchild]
Chap. 161An Act authorizing and directing the regents of the University of Nevada to make certain conveyances of title to certain lands situated in Elko County, Nevada.
[Approved March 27, 1929]
Whereas, The board of regents of the University of Nevada have hereto made and executed a deed to the county of Elko, intended to convey the title of the State of Nevada to the southwest corner of block No. 13 of the city of Elko, county of Elko, State of Nevada, commencing at the northeast corner of section 15, township 34 north, range 55 east, M. D. B. & M., in said county and state, running thence S. 23° 20′ W., 469.3 feet to corner No. 1, the place of beginning; thence S. 41° 49′ W:, 1,060 feet to corner No. 2; thence north 48° 11′ W., 900 feet to corner No. 3; thence N. 41° 49′ E., 821.54 feet to corner No. 4; thence N. 89° 31′ E., 354.31 feet to corner No. 5; thence S. 48° 11′ E., 637.94 feet to corner No. 1, the place of beginning, containing 21.184 acres more or less. |
Preamble |
κ1929 Statutes of Nevada, Page 258 (CHAPTER 161, SB 132)κ
|
Regents of University of Nevada to make certain conveyance
In effect |
Whereas, Said conveyance requires legislative authority therefor; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon the passage and approval of this act, the board of regents of the University of Nevada are hereby authorized and directed to make, execute and deliver to the county of Elko, State of Nevada, a proper conveyance, conveying all the right, title and interest of the State of Nevada in and to the southwest corner of block No. 13 of the city of Elko, County of Elko, State of Nevada, commencing at the northeast corner of section 15, township 34 north, range 55 east, M. D. B. & M., in said county and state, running thence S. 23° 20′ W., 469.3 feet to corner No. 1, the place of beginning; thence S. 41° 49′ W., 1,060 feet to corner No. 2; thence north 48° 11′ W., 900 feet to corner No. 3; thence N. 41° 49′ E., 821.54 feet to corner No. 4; thence N. 89° 31′ E., 354.31 feet to corner No. 5; thence S. 48° 11′ E., 637.94 feet to corner No. 1, the place of beginning, containing 21.184 acres more or less. All conveyances and deed heretofore made, executed and delivered by the said county of Elko covering said lands are hereby ratified and approved. Sec. 2. This act shall become effective from and after its passage and approval. |
________
|
Bodies corporate and politic
Powers of corporation |
[Senate Bill No. 120Senator Burt]
Chap. 162An Act to incorporate the Boy Scouts of America, Nevada Area Council, and all boy scout councils within the State of Nevada.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Boy Scouts of America, Nevada Area Council, and all councils within the State of Nevada now in existence or hereafter organized or chartered shall be deemed bodies corporate and politic; The Boy Scouts of America, Nevada Area Council, from the date of its organization, or charter, and by its name; the various councils of the boy scouts from the date of their charters, and by the names and numbers given therein. Sec. 2. The Boy Scouts of America, Nevada Area Council, and all councils within the State of Nevada shall have power in their corporate capacity-first, to sue, or be sued, in any court having competent jurisdiction; second, to make and use a common seal, and to alter the same at pleasure; third, to acquire by purchase, bequest or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real and personal, as may be deemed necessary by the proper authorities thereof, to carry out the purposes of said Boy Scouts of America, Nevada Area Council, or the various boy scout councils within the State of Nevada; fourth, to elect or appoint, according to the respective regulations or customs, not less than three nor more than fifteen persons, to serve as trustees, who shall have charge of all the real and personal property belonging thereto, and to transact all business relating thereto; fifth, and generally, be entitled to all the rights, privileges and immunities usually had or enjoyed by such corporations. |
κ1929 Statutes of Nevada, Page 259 (CHAPTER 162, SB 120)κ
|
and use a common seal, and to alter the same at pleasure; third, to acquire by purchase, bequest or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real and personal, as may be deemed necessary by the proper authorities thereof, to carry out the purposes of said Boy Scouts of America, Nevada Area Council, or the various boy scout councils within the State of Nevada; fourth, to elect or appoint, according to the respective regulations or customs, not less than three nor more than fifteen persons, to serve as trustees, who shall have charge of all the real and personal property belonging thereto, and to transact all business relating thereto; fifth, and generally, be entitled to all the rights, privileges and immunities usually had or enjoyed by such corporations. Sec. 3. The corporate powers of said Boy Scouts of America, Nevada Area Council, and the various boy scout councils within the State of Nevada, shall be vested in a board of trustees, elected or appointed as provided in section 2 of this act, said board being subject to such rules and regulations as may be adopted, according to the uses and customs of said councils, for the government of said board of trustees. They shall hold office until their successors are appointed or elected and the certificate filed as provided in section 4 of this act. Vacancies in the board of trustees shall be filled as provided by the regulations of said orders. Said trustees shall give such bond as may be required of them, conditioned for the faithful performance of their duties. Sec. 4. Upon the election or appointment of trustees as provided in this act, a certificate of such election or appointment shall be executed by the person or persons making the appointment, or the judges holding the election, duly acknowledged before a competent officer, and shall be filed and recorded in the office of the clerk of the county in which the council is located, or in case of the Boy Scouts of America, Nevada Area Council, in the office of the secretary of state. Sec. 5. When any council, hereby incorporated, shall be dissolved by its own act, or the forfeiture of its charter, the property, real and personal, belonging to said council shall revert to and become the property of The Boy Scouts of America, Nevada Area Council, subject to the conditions of any bequest or grant under or through which said council became the owner of said property; provided, that all just and equitable indebtedness of said council shall be paid before said reversion, and the said Boy Scouts of America, Nevada Area Council, shall not be liable for any indebtedness of any of the various councils. Sec. 6. It shall be the duty of said board of trustees, annually, to make a full report of all property, real and personal, held in trust by them, and the condition of the corporation to such council, a copy of which shall be filed in the office in which, according to section 4 of this act, their certificate of election or appointment has been filed, with an affidavit of the truth of said report. |
Powers of corporation
Powers vested in board of trustees
Certificate of election or appointment to be recorded
Procedure in case of forfeiture of charter
Board of trustees to report annually |
κ1929 Statutes of Nevada, Page 260 (CHAPTER 162, SB 120)κ
|
In effect |
corporation to such council, a copy of which shall be filed in the office in which, according to section 4 of this act, their certificate of election or appointment has been filed, with an affidavit of the truth of said report. Sec. 7. This act shall become effective from and after its passage and approval. |
________
|
$50,000 bond issue for sewerage system, town of Caliente
Denomination of bonds
Rate of interest |
[Senate Bill No. 139Senator Burt]
Chap. 163An Act authorizing the construction and completion of a sewerage and water-main system for the town of Caliente, Lincoln County, Nevada, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of the county of Lincoln is authorized and directed to prepare, issue, and sell negotiable coupon bonds of the town of Caliente in said county for an amount not exceeding $50,000, exclusive of interest, for the purpose of providing funds for the acquisition of certain public utilities for the town of Caliente, to wit, a sewerage and water-main system. Said bonds shall be named Town of Caliente Public Utility Sewer and Water Main Bonds. Sec. 2. Said bonds shall be prepared in denominations of $500 and shall be numbered consecutively. They shall be made payable in gold coin of the United States and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, acting as a town board, and countersigned by the clerk of said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like gold coin at a rate not exceeding 6 per centum per annum, payable annually, on the first Monday in July. They shall be redeemed and retired consecutively in the order of their issuance annually thereafter, according to the time specified therein from the date of their issue, respectively, and in no case shall any bond run for a longer period than twenty years. |
κ1929 Statutes of Nevada, Page 261 (CHAPTER 163, SB 139)κ
|
Sec. 3. The board of county commissioners is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, to the highest and best bidder, giving preference to the State of Nevada, or by private sales, as they may deem best, and may reject any or all bids; provided, that no bond shall be sold for less than par value. Sec. 4. The said board of county commissioners shall pay the proceeds from the sale of said bonds to the county treasurer, who shall keep a detailed record of the same, and assign the same to a fund to be known as the Town of Caliente Public Utilities Fund, and who shall pay out of the same for the acquisition, installment, management, and control of any system acquired under the provisions of this act, in all respects as required for such payments by the board of county commissioners acting as a town board. All moneys acquired for service or the sale of service from said systems, and other revenues, shall be paid by the officer collecting the same to the county treasurer, who shall assign the same to the Town of Caliente Public Utilities Fund, created as aforesaid, for use as such fund may be required to be used, and at the first meeting of the board of county commissioners in January of each year, any surplus remaining shall be assigned by the treasurer on order of said board to the town of Caliente public utility sewer and water-main bond interest redemption fund. Sec. 5. To provide for the payment of said bonds and the interest thereon the board of county commissioners shall levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said town of Caliente until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with the bond number one, and consecutively thereafter, three of said bonds annually, beginning with the first Monday in July after said bonds are issued, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the Town of Caliente Public Utility Sewer and Water Main Bond Interest and Redemption Fund. Said bonds and interest shall be paid from this fund. Said bonds and interest thereon shall be a lien on all property subject to taxation within said town of Caliente. Sec. 6. Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond interest and redemption fund shall by order of the board of county commissioners of the said county be transferred to the town of Caliente public utilities fund. |
County commissioners to negotiate sale of bonds
Town of Caliente Public Utilities Fund
Revenues to go into fund
Tax levy to pay interest and redeem bonds
Tax shall cease, when |
κ1929 Statutes of Nevada, Page 262 (CHAPTER 163, SB 139)κ
|
Treasurer to redeem and cancel bonds
Faith of state pledged
Provisions of existing law to govern
In effect |
county commissioners of the said county be transferred to the town of Caliente public utilities fund. If at any time there are sufficient funds in the said bond interest and redemption fund to care for the obligations of the current year in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower. Sec. 7. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof Paid, together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified. Sec. 8. The provisions of the existing law respecting the manner of acquisition of utilities, advertising notice of intention to issue bonds, bond elections, the duty of commissioners to act on a proper petition, the collection and enforcement of collection of rates for service, and all other provisions not expressly superseded by this act shall apply to the acquisition, management, and financing of the systems mentioned in this act. The commissioners shall act as soon as they conveniently may, and the bonds shall be prepared not later than June 1, 1931. The systems herein provided for shall be deemed public uses authorized by the legislature such as are assisted by the principle of eminent domain. Sec. 9. This act shall become effective from and after its passage and approval. |
________
κ1929 Statutes of Nevada, Page 263κ
|
[Senate Bill No. 102Senator Fairchild]
Chap. 164An Act to grant the right of way to D. MacVichie, Samuel Neff and Milton B. Badt and associates, their successors and assigns, to build and maintain a railroad through the county of Elko, in the State of Nevada.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The right of way, 200 feet in width, is hereby given and granted to D. MacVichie, Samuel Neff and Milton B. Badt and their associates, their successors and assigns, to build, locate, maintain, and operate a railroad in and through the county of Elko, in this state, as hereinafter provided. Sec. 2. The right of way hereby granted is more particularly described as follows: Commencing at the station of Tobar, on the Western Pacific railroad, in Elko County, thence approximately thirty miles to a point to be selected by grantees, in T. 31 N., R. 63 E., M. D. B. & M., in said Elko County, being a point at or in the neighborhood of the town of Spruce, in said county; and grantees shall also have the right and privilege to construct, maintain and operate a telegraph and telephone line over their route, for their use and benefit, and the right to connect with or cross any railroad that is now or that may be built hereafter; but they shall not interfere with any existing right. Sec. 3. The survey and location of said road shall be commenced in one year from and after the passage of this act, and recorded in the office of the secretary of state; the actual construction of said railroad and telegraph and telephone lines shall begin within three years from the date of passage of this act, and the same shall be completed, fully equipped and in running order within five years from the date of passage of this act. Sec. 4. The said D. MacVichie, Samuel Neff and Milton B. Badt and their associates, their successors and assigns, shall have and are hereby given all the rights, privileges and franchises conferred upon railroad companies incorporated in the State of Nevada under and in pursuance of the provisions 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, and the acts amendatory thereof or supplemental thereto, as far as the same are consistent with the provisions of this act. Sec. 5. The right of way hereby granted is expressly given upon the condition that all the requirements mentioned in section 3 of this act shall be done and completed, otherwise this grant shall be inoperative, rescinded and of no force or effect. |
Railroad right of way in Elko County granted
Description
Time limit to hold grant
Rights and privileges of certain act granted
Conditions of grant |
κ1929 Statutes of Nevada, Page 264 (CHAPTER 164, SB 102)κ
|
In effect |
in section 3 of this act shall be done and completed, otherwise this grant shall be inoperative, rescinded and of no force or effect. Sec. 6. This act shall become effective from and after its passage and approval. |
________
|
Compensation of Lincoln County officials County commissioners
Sheriff Assessor Treasurer Clerk Recorder and auditor
District attorney
Salaries in full payment for all services |
[Senate Bill No. 134Senator Burt]
Chap. 165An Act to amend an act entitled An act concerning Lincoln County officers and their deputies and fixing their compensation, and to repeal all other acts in relation thereto, approved February 19, 1929.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended so as to read as follows: Section 1. The compensation of the respective officers of the county of Lincoln, State of Nevada, is hereby fixed as follows, to be allowed, audited, and paid monthly: The county commissioners shall receive the sum of six hundred dollars per annum, and, in addition, each commissioner shall be allowed mileage at the rate of fifteen cents per mile for each mile necessarily and actually traveled in attending regularly convened meetings of the board. The sheriff shall receive the sum of twenty-four hundred dollars per annum. The assessor shall receive the sum of eighteen hundred dollars per annum. The treasurer shall receive the sum of twenty-four hundred dollars per annum. The clerk shall receive the sum of eighteen hundred dollars per annum. The recorder shall receive the sum of eight hundred dollars per annum, and for services as ex officio county auditor the sum of sixteen hundred dollars. The district attorney, who shall be ex officio public administrator, shall receive the sum of twenty-four hundred dollars per annum. Sec. 2. Section 3 of the above-entitled act is hereby amended so as to read as follows: Section 3. The salaries hereinbefore provided shall be payment in full for all services and ex officio services performed by the respective officers mentioned, and the county commissioners will have no authority to allow bills for deputies or assistants, other than emergency deputy sheriffs, unless prior to the employment of any deputy or assistant the county commissioners shall have entered an order upon their minutes authorizing said employment, fixing the compensation therefor, and designating the period thereof; provided, that the sheriff, the assessor, the county commissioners, and the district attorney may only, upon filing receipts therefor, be allowed travel and hotel expense necessarily and actually incurred, not in excess of six dollars per day, if away from the county seat in the actual performance of their respective duties. |
κ1929 Statutes of Nevada, Page 265 (CHAPTER 165, SB 134)κ
|
deputies or assistants, other than emergency deputy sheriffs, unless prior to the employment of any deputy or assistant the county commissioners shall have entered an order upon their minutes authorizing said employment, fixing the compensation therefor, and designating the period thereof; provided, that the sheriff, the assessor, the county commissioners, and the district attorney may only, upon filing receipts therefor, be allowed travel and hotel expense necessarily and actually incurred, not in excess of six dollars per day, if away from the county seat in the actual performance of their respective duties. Sec. 3. This act shall become effective from and after its passage and approval. |
Certain expenses allowed
In effect |
________
|
[Assembly Bill No. 105Lyon County Delegation]
Chap. 166An Act to amend section 5 of an act entitled An act concerning the county officers in the county of Lyon, State of Nevada, consolidating certain offices in said county, fixing the salary and compensation of said officers, regulating the appointment of deputies and the compensation thereof, requiring the officers of said county to make report of all fees collected by them to the board of county commissioners, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith, approved March 5, 1923, and adding two new sections thereto, being section 5a and section 5b.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act is hereby amended to read as follows: Section 5. The county commissioners shall each receive a salary of nine hundred dollars, payable in twelve equal monthly installments; they shall also be entitled to mileage at the rate of not to exceed twenty cents per mile in going to and returning from their respective residences to the county seat, over the shortest practicable route available, in attendance upon meetings of the board of county commissioners, and any other necessary incurred traveling expenses; provided further, that said commissioners shall be allowed an additional mileage at the rate of not to exceed ten cents per mile for each mile necessarily traveled in the supervision of county roads in their respective districts; provided, however, that such mileage allowed for road supervision shall not exceed the amount of two hundred dollars in any one year for each commissioner. |
Salary of county commissioners of Lyon County; mileage allowed |
κ1929 Statutes of Nevada, Page 266 (CHAPTER 166, AB 105)κ
|
Member of board to be purchasing agent
Purchases must be approved by board
Duties of purchasing agent
Additional salary allowed
In effect |
Sec. 2. The above-entitled act is hereby amended by adding thereto an additional section, to be known as 5a thereof, which said section 5a shall be as follows: Section 5a. It is hereby made the duty of the board of county commissioners, and they shall, at a time not later than their regular meeting in July, 1929, and annually thereafter at the time of their first regular meeting of each year, appoint, by a majority vote of such board, one of the members of said board whose duty will be, in addition to all other duties now required of him by law, to purchase all supplies of whatsoever nature required for carrying on all branches of business of said Lyon County and for carrying on the business of the unincorporated towns thereof, including all supplies used in the various offices of said Lyon County government and township government, also supplies necessary for the maintenance and conduct of the county courthouse, county hospital, and other county institutions carried on by said Lyon County, and also all supplies necessary for the conduct of any institutions conducted and carried on by any of said unincorporated towns, and also all supplies necessary for repairing and maintaining county roads, highways, and bridges in said Lyon County outside of any incorporated city or town. Sec. 3. The above-entitled act is hereby amended by adding thereto an additional section, to be known as 5b thereof, which said section 5b shall be as follows: Section 5b. Provided, that all purchases of material must be approved by the board of county commissioners at the next regular meeting of said board after said purchases of material, or as soon thereafter as possible; and provided further, that any contract of any kind, character, and description whatever, where the contract in the aggregate exceeds $500, shall not be let except by the board of county commissioners after duly advertising for the same as already provided for by law. It is further provided, that it shall be incumbent upon the commissioner appointed as provided herein, to solicit prices upon all supplies to be purchased from the different merchants doing business in the county who deal in the wares to be bought. It shall be the duty of said commissioner, and he is hereby directed, to thereafter buy such supplies from the person, firm, or corporation submitting the most reasonable price or prices for the supplies intended to be purchased; and provided further, that for such services the commissioner so appointed may receive, in addition to the sum of nine hundred dollars per annum, and all mileage as may now, or hereafter, be allowed by law, an additional compensation of twenty-five dollars per month when engaged as such purchasing agent. Sec. 4. This act shall take effect immediately upon its passage and approval. |
κ1929 Statutes of Nevada, Page 267 (CHAPTER 166, AB 105)κ
|
Sec. 5. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
Repeal |
________
|
[Senate Bill No. 140Senator Proctor]
Chap. 167An Act declaring void all assignments or conveyances of state land contracts when said contracts have been forfeited by the state, and defining certain duties of the state land register and county recorders relative to such contracts, and other matters properly connected therewith.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever a state land contract becomes forfeited in accordance with the provisions of section eight of the general land law (sec. 3203, 1912 Revised Laws) all deeds, assignments and other instruments issued thereon for the possessory claim to the land described therein become null and void and the state land register shall certify to the recorder of the county wherein the land is situated that such contract has become forfeited by supplying the name of the contractor, date of issuance, date of forfeiture and the description of the land contained therein. Sec. 2. On receipt of said certificate the recorder shall search the records of his office and if a record is found of any deeds, assignments or other instruments issued on and by virtue of said contract and involving the land described therein, he shall write over his signature on such record the following words: This instrument became null and void because the state land contract, describing the land specified therein, became unconditionally forfeited on (date) .., as witnessed by the state land registers certificate filed in this office on (date) Such words written on the record shall be prima-facie evidence that said instrument is null and void and no longer affects the title to the land described therein, and thereafter the recorder shall refuse to record any instruments involving said land that have issued on and by virtue of the contract specified and designated in the state land registers certificate. Sec. 3. This act shall become effective from and after its passage and approval. |
State land register to certify forfeiture of state land
Duties of county recorder
In effect |
________
κ1929 Statutes of Nevada, Page 268κ
|
$150,000 bond issue for library purposes in Washoe County
County library board to be appointed
Board to procure site |
[Assembly Bill No. 145Mr. Mulcahy]
Chap. 168An Act to authorize the board of county commissioners of Washoe County, State of Nevada, to issue bonds for the construction, equipment and furnishing of a county library building, in the city of Reno, Nevada, providing a method for acquiring a site therefor, providing for the redemption of said bonds, providing for the method of managing and maintaining such library, defining the duties of certain officers and others in relation thereto, and other matters properly connected therewith.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Washoe County, Nevada, is hereby authorized, empowered and directed to prepare and issue negotiable coupon bonds of said county, said bonds to be issued on or before the first day of July, 1929, for an amount not to exceed one hundred and fifty thousand ($150,000) dollars, exclusive of interest, for the purpose of providing funds for the construction, equipping and furnishing of a county library building in the city of Reno, Washoe County, Nevada; provided, that a proper and suitable site upon which to erect said building, or a suitable building, shall have been donated to Washoe County, for such purpose, without cost to Washoe County; and provided further, that any such site so donated to Washoe County shall be situated within one thousand feet of the intersection of Mill street and South Virginia street in said city of Reno, Washoe County, Nevada. Sec. 2. As soon as possible after the passage and approval of this act, or after this act shall become a law, the county commissioners of Washoe County shall appoint a county library board for Washoe County, consisting of three members, as follows: One of such members shall be appointed for a period expiring on July 1, 1930, one for a period expiring July 1, 1931, and the other for a period expiring on July 1, 1932, and said board of commissioners shall appoint one member annually from and after July 1, 1930, for the term of three years. Not more than two members of said library board shall be appointed from the same school district. Sec. 3. As soon as such board shall have been appointed the members shall take the official oath of office and complete such organization as they may deem proper, and shall cause notice to be published, once a week of three successive weeks, in some one or more newspapers of general circulation published and printed in Washoe County, Nevada, of the purpose and intent of this act, and invite offers for a site for the erection and construction of a library building as therein provided for. |
κ1929 Statutes of Nevada, Page 269 (CHAPTER 168, AB 145)κ
|
for the erection and construction of a library building as therein provided for. Sec. 4. At the expiration of the period of notice, as provided by section 3, if any offer or offers shall be submitted they shall be referred to a special committee consisting of the county commissioners of Washoe County and the city council of the city of Reno, which committee shall select a library building or site for such library building; provided, such site shall be within one thousand feet of the present Reno library, shall be of suitable area necessary for the needs of such library, shall be without cost to Washoe County, and to be used for library purposes only. Such selection shall be made within sixty days from the date of approval of this act, and shall be in the name of and for Washoe County. Sec. 5. The county commissioners of said Washoe County shall, on or before July 1, 1929, cause said bonds to be prepared and made ready for issuance. Such bonds as shall be issued shall be signed by the chairman of the board, attested by its clerk, sealed with the seal of the county, and countersigned by the county treasurer. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the original or engraved facsimile signature of said chairman, clerk and treasurer. Sec. 6. Said bonds shall be each for the sum of one thousand dollars. They shall be numbered consecutively from one to one hundred and fifty, as issued, inclusive, and the interest on the same shall not exceed five per cent per annum, payable semiannually on the first day of July and January of each year; both principal and interest shall be payable only in gold coin of the United States; both principal and interest shall be payable only at the office of the county treasurer of said Washoe County. In no case shall any of said bonds run for a longer period than twenty years. Sec. 7. The clerk of said board shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued. Sec. 8. The library board of Washoe County is hereby authorized to negotiate the sale of said bonds, or such number thereof as the board may deem necessary, by advertising for sealed proposals therefor, and may reject any and all bids and may readvertise until a satisfactory bid is obtained; provided, that no bonds shall be sold for less than par value. Sec. 9. All moneys derived from the sale of said bonds shall be paid to the county treasurer of Washoe County, and the said treasurer is hereby required to receive and safely keep the same in a fund to be known as the Washoe County Library Fund, and to pay out said moneys only in the manner herein provided for the payment of the Washoe County Library Fund, and for the purposes for which the same were received. |
Certain requirements for site
County commissioners to prepare bonds
Denomination of bonds
Clerk to keep record
Library board to sell bonds
Washoe County Library Fund |
κ1929 Statutes of Nevada, Page 270 (CHAPTER 168, AB 145)κ
|
Board to employ architect; to advertise for bids
Certain moneys to be retained until completion of contract
Tax levy for payment of principal and interest |
manner herein provided for the payment of the Washoe County Library Fund, and for the purposes for which the same were received. Sec. 10. Providing a library building shall be erected, the library board, on or before the first day of August, 1929, shall employ a competent architect to prepare and submit plans and specifications to said board for the construction work and the heating and lighting systems herein provided for, and when said plans and specifications are approved by the board, said board shall advertise for a period of three weeks for sealed bids for the construction of said building and the heating and lighting systems thereof in accordance with the plans and specifications, which shall be on file subject to inspection. Said board shall let the contract or contracts for the construction of said building, and the heating and lighting systems thereof, to the best responsible bidder or bidders; provided, that any and all bids may, for sufficient reason, be rejected. The said library board shall have complete supervision of the construction and equipment of the said building. Sec. 11. On such an event the said library board shall provide in all contracts for time and amounts of payments thereon, as the work progresses, a reasonable stated proportion of moneys earned to be withheld until the completion and acceptance of the work by said board. Good and sufficient bonds to protect the state shall be required from all contractors. All bills for the employment of an architect and for the erection and the heating and lighting systems of said building and equipment thereof shall be paid out of the fund provided for in this act, upon claims approved by said library board, and audited and approved by the county auditor of Washoe County, Nevada. Sec. 12. For the purpose of creating a fund for the payment of the principal and interest of the bonds authorized by this act, and for the support and maintenance of the library herein provided for, the board of county commissioners of said Washoe County, Nevada, is hereby authorized and required to levy and collect annually an ad valorem tax not to exceed ten cents on each one hundred dollars valuation on the taxable property within said county, including the proceeds of mines, sufficient in amount to pay the interest on said bonds when and as it may become due, and to pay and retire, beginning with bond number one, and consecutively thereafter, at least three of said bonds annually, beginning with the first day of January, 1931, until all of said bonds have been redeemed and retired; provided, that the entire issue of said bonds shall be redeemed within twenty years from the date of issue; and provided further, that said bonds shall be callable on any interest date, and shall be retired in rotation in their numerical order. |
κ1929 Statutes of Nevada, Page 271 (CHAPTER 168, AB 145)κ
|
rotation in their numerical order. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer of said county in a special fund to be known as the Washoe County Library Fund. It shall be obligatory on the said board and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July, 1930, and thereafter on the first day of July of each year, until all of said bonds have been redeemed and retired. Should the holder of said bonds, or any of them, for any cause whatever fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. Sec. 12a. The said library board shall, on or before the first day of July, 1930, establish and equip and maintain branch county libraries in each school district of the county having a voting population of one thousand or over at the last preceding general election, and shall provide a full-time librarian for each of such branch libraries, said librarian shall be considered as assistant to the librarian of the county library. Said library board may also establish and equip branch libraries at such other places as may be deemed proper and they shall make such arrangement as shall give the people of Washoe County the greatest use of the county library. Expenses incurred by this section shall be a proper charge against the Washoe County library fund. Sec. 12b. The proceeds from the tax herein provided for, or so much thereof as may be necessary, shall continue to be used by said library board for the support and maintenance of all libraries, including branch libraries within said county. 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 payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Sec. 14. The county treasurer of said Washoe County shall be liable on his official bond for the safe-keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto. Sec. 15. Said library board is hereby authorized to accept gifts in money, books, or other property of value or real estate for and in the name of Washoe County, Nevada, to be devoted to the uses and needs of said library when constructed and in operation. |
Proceeds of tax to go into fund
Branch county libraries to be maintained
Libraries maintained by proceeds of tax
Treasurer to redeem and cancel bonds
Treasurer liable on official bond
Board may accept gifts |
κ1929 Statutes of Nevada, Page 272 (CHAPTER 168, AB 145)κ
|
Faith of state pledged
In effect |
Sec. 16. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue thereof shall have been paid in full, as in this act specified. Sec. 17. This act shall be in effect from and after its passage and approval. |
________
|
Procedure to establish public hospitals |
[Senate Bill No. 9Senator Cowles]
Chap. 169An Act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and of disabled persons, and repealing a certain act.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any county may establish a public hospital in the following manner: Whenever the board of county commissioners of any county shall be presented with a petition signed by at least thirty (30%) per centum of the taxpayers in each county or a group of counties asking that an annual tax may be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in said petition the maximum amount of money proposed to be expended in purchasing or building said hospital, such board or boards of county commissioners all submit question to the qualified electors of the county at the next general election to be held in the county, first giving thirty (30) days notice thereof in one or more newspapers published in the county, if any be published therein, or posting written or printed notices in each precinct of the county, which notice shall include the text of the petition and state the amount of the tax to be levied upon the assessed property of the said county, which tax shall not exceed two (2) mills on the dollar, for a period of time not exceeding twenty (20) years and be for the issue of county bonds to provide funds for the purchase of a site, or sites, and the erection thereon of a public hospital and hospital buildings, and for the support of same; which said election shall be held at the usual places in such county for voting upon county officers, and shall be canvassed. The ballots to be used at any election at which such hospital question is submitted shall be printed with a statement substantially as follows: For a . |
κ1929 Statutes of Nevada, Page 273 (CHAPTER 169, SB 9)κ
|
hospital question is submitted shall be printed with a statement substantially as follows: For a . mill tax for a bond issue for a public hospital, and for maintenance
If a majority of the votes cast in each county concerned at such election on the proposition so submitted shall be in favor of said tax for such bond issue, the board or boards of county commissioners shall levy the tax so authorized, which shall be collected in the same manner as other taxes are collected, and credited to the Hospital Fund, and shall be paid out on the order of the hospital trustees for the purposes authorized by this act, and for no other purposes whatever. Sec. 2. Should a majority of all the votes cast upon the question in each county concerned be in favor of establishing such county public hospital, the board or boards of county commissioners shall immediately proceed to appoint five (5) trustees chosen from the citizens at large, with reference to their fitness for such office, all residents of the county or counties concerned, not more than three (3) to be residents of the city, town, or village in which said hospital is to be located, who shall constitute a board of trustees for said public hospital. The said trustees shall hold their offices until the next following general election when five (5) hospital trustees shall be elected and hold their offices, three (3) for two (2) years and two (2) for four (4) years, and at subsequent general elections the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees in the same manner as other county officers are elected. Sec. 3. The said trustees shall within ten (10) days after their appointment, or election, qualify by taking the oath of office, and organize as a board of hospital trustees by the election of one of their number as chairman, one as secretary, and by the election of such other officers as they may deem necessary, but no bond shall be required of them. The county treasurer of the county in which such hospital is located shall be the treasurer of the board of trustees. The treasurer shall receive and pay out all the moneys under the control of the said board, as ordered by it, but shall receive no compensation from such board. No trustee shall receive any compensation for his services performed, but he may receive reimbursement for any cash expenditures actually made for personal expenses incurred as such trustee, and an itemized statement of all such expenses, and money paid out, shall be made under oath by each of such trustees and filed with the secretary, and allowed only by an affirmative vote of all trustees present at a meeting of the board. |
Tax to be levied, when
County commissioners to name board of trustees
Trustees to take oath and organize |
κ1929 Statutes of Nevada, Page 274 (CHAPTER 169, SB 9)κ
|
Powers and duties of trustees
Vacancies; how filled |
Sec. 4. The board of hospital trustees shall make and adopt such by-laws, rules, and regulations for their own guidance and for the government of the hospital as may be deemed expedient for the economic and equitable conduct thereof, not inconsistent with this act, or the ordinances of the city or town wherein such hospital is located. They shall have the exclusive control of the expenditures of all moneys collected to the credit of the hospital fund, and of the purchase of the site or sites, the purchase or construction of any hospital building or buildings, and of the supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose; provided, that all moneys received for such hospital shall be deposited in the treasury of the county in which such hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of said county or counties upon properly authenticated vouchers of the hospital board, after approval of the same by the county auditor. Said board of hospital trustees shall have power to appoint a suitable superintendent or matron, or both, and necessary assistants, and fix their compensations, and shall also have power to remove such appointees; and shall in general carry out the spirit and intent of this act in establishing and maintaining a count public hospital. The board of hospital trustees shall hold meetings at least once each month, shall keep a complete record of all its transactions, and three (3) members of said board shall constitute a quorum for the transaction of business. One of said trustees shall visit and examine said hospital twice each month and the board shall, during the first week in January in each year, file with the board of county commissioners of said county a report of their proceedings with reference to such hospital and a statement of all receipts and expenditures during the year; and shall at such time certify the amount necessary to maintain and improve said hospital for the ensuing year. No trustee shall have a personal pecuniary interest, either directly or indirectly, in the purchase of any supplies for said hospital, unless the same are purchased by competitive bidding. Sec. 5. Vacancies in the board of trustees occasioned by resignations, removals or otherwise shall be reported to the board or boards of county commissioners and be filled in a like manner as the original appointments; appointees to hold office until the next following general election in the usual manner. Sec. 6. Whenever any county or counties in this state shall have provided for the appointment and election of hospital trustees, and has voted a tax for a term not exceeding twenty (20) years for hospital purposes, as authorized by law, the said county shall issue bonds in anticipation of the collection of such tax in such sums and amounts as the board of hospital trustees shall certify to the board or boards of county commissioners of said county or counties to be necessary for the purposes contemplated by such tax, but such bonds in the aggregate shall not exceed the amount which might be realized by said tax based on the amount which may be yielded on the property valuation of the year in which the tax is voted, and such bonds shall mature in twenty (20) years from date and shall be in sums of not less than one hundred ($100) dollars nor more than one thousand dollars ($1,000), drawing interest at a rate not exceeding six (6) per cent per annum, payable in serial order after the date of maturity, and shall not be sold for less than par, and shall be substantially in the form provided for county bonds, but subject to changes that will conform them to the provisions of this act, and be numbered consecutively and redeemable in the order of their issuance. |
κ1929 Statutes of Nevada, Page 275 (CHAPTER 169, SB 9)κ
|
law, the said county shall issue bonds in anticipation of the collection of such tax in such sums and amounts as the board of hospital trustees shall certify to the board or boards of county commissioners of said county or counties to be necessary for the purposes contemplated by such tax, but such bonds in the aggregate shall not exceed the amount which might be realized by said tax based on the amount which may be yielded on the property valuation of the year in which the tax is voted, and such bonds shall mature in twenty (20) years from date and shall be in sums of not less than one hundred ($100) dollars nor more than one thousand dollars ($1,000), drawing interest at a rate not exceeding six (6) per cent per annum, payable in serial order after the date of maturity, and shall not be sold for less than par, and shall be substantially in the form provided for county bonds, but subject to changes that will conform them to the provisions of this act, and be numbered consecutively and redeemable in the order of their issuance. Sec. 7. If the board of hospital trustees and the owners of any property desired by them for hospital purposes cannot agree as to the price to be paid therefor they shall report the facts to the board or boards of county commissioners, and condemnation proceedings shall be instituted by the said board or boards of county commissioners and prosecuted in the name of the county or counties by the district attorney for such county as may be concerned. Sec. 8. No hospital buildings shall be erected or constructed until the plans and specifications have been made therefor and adopted by the board of hospital trustees, and bids advertised for according to law for other county public buildings. Sec. 9. Every hospital established under this act shall be for the benefit of the inhabitants of such county or counties, and of any person falling sick or being injured or maimed within its limits, but the board of hospital trustees may extend the privileges and use of such hospital to persons residing outside of such county or counties upon such terms and conditions as said board may from time to time by its rules and regulations prescribe. Every such inhabitant or person who is not a pauper shall pay to the said board, or such officer as it shall designate, a reasonable compensation for occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, according to the rules and regulations prescribed by said board; such hospital always being subject to such reasonable rules and regulations as said board may adopt in order to render the use of said hospital of the greatest benefit to the greatest number; and the said board may exclude from the use of such hospital any and all inhabitants, and persons, who shall willfully violate such rules and regulations. |
Bonds may be issued; procedure
Condemnation proceedings may be instituted
Must advertise for bids
Purpose of hospital |
κ1929 Statutes of Nevada, Page 276 (CHAPTER 169, SB 9)κ
|
Rules of board to govern
All practitioners of medicine to have equal privileges
Staff of physicians to be organized
Training school for nurses to be established
Certain quarters to be provided
Trustees to determine status of patient |
Sec. 10. When such hospital is established the physicians, nurses, attendants, the persons sick therein, and all persons approaching or coming within the limits of same, and all furniture and other articles used or brought there shall be subject to such rules and regulations as said board may prescribe. Sec. 11. In the management of such public hospital no discrimination shall be made against practitioners of any regular school of medicine and surgery recognized by the laws of Nevada, and all such regular practitioners shall have equal privileges in treating patients in said hospital. The patient shall have the right to employ at his, or her, own expense his, or her, own physician, or nurse, and when acting for any patient in such hospital the physician employed by such patient shall have the exclusive charge of the care and treatment of such patient, and nurses therein shall as to such patient be subject to the directions of such physician, subject always to such general rules and regulations as shall be established by the board of trustees under the provisions of this act. The said board of trustees shall organize a staff of physicians composed of every regular practicing physician in the county in which said hospital is located, and each physician shall hold his position on said staff so long as he complies with the rules and regulations laid down by the board of hospital trustees, and it shall be the duty of the said staff to organize in a manner prescribed by the said board so that there shall be a rotation of service among the members of said staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the said hospital for treatment, and no member of said staff nor any other physician who attends such indigent patient shall receive any compensation for his services. Sec. 12. The board of trustees may establish and maintain in connection with such hospital and as a part thereof a training school for nurses, and upon completion of the prescribed course of training shall give to such nurses who satisfactorily complete the said course a diploma. Sec. 13. The said board of trustees shall at all times provide a suitable room for the detention and examination of all persons who are brought before the commissioners of insanity for such county; provided, that such hospital is located at the county seat. Sec. 14. The board of hospital trustees shall have power to determine whether or not patients presented to said public hospital for treatment are subjects of charity, and shall fix the charges for occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, of those persons able to pay for same, as the said board may deem just and proper, the receipts therefor to be paid to the treasurer of the said county or counties and credited by him to the hospital fund. |
κ1929 Statutes of Nevada, Page 277 (CHAPTER 169, SB 9)κ
|
deem just and proper, the receipts therefor to be paid to the treasurer of the said county or counties and credited by him to the hospital fund. Sec. 15. Any person or persons, firm, organization, corporation or society desiring to make donations of money, personal property or real estate for the benefit of such hospital shall have the right to vest title of the money, personal property or real estate so donated in said county to be controlled, when accepted, by the board of hospital trustees according to the terms of the deed, gift, devise or bequest of such property. Sec. 16. In all counties where existing hospitals are taken over by a board of trustees, as provided by this act, additional necessary buildings and equipment may be acquired by holding an election and voting a bond issue according to the terms of section 1 and section 2 of this act, the same as if no hospital now existed. Sec. 17. That certain act of the legislature of the State of Nevada entitled An act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and of disabled persons, approved March 20, 1923, is hereby repealed. Sec. 18a. That the provisions of this act shall apply only in counties having a population of fifteen thousand or over. |
Trustees to accept donations
Bond election, when
Prior act repealed
When act applicable |
________
|
[Assembly Bill No. 9Mr. Boak]
Chap. 170An Act to create judicial districts in the State of Nevada, provide for the election of district judges therein, fix their salaries and compensation for expenses, and repeal all acts and parts of acts in conflict herewith.
[Approved March 27, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State of Nevada hereby divided into eight judicial districts. The counties of Ormsby, Douglas, Churchill, Storey and Lyon shall constitute the First judicial district; the county of Washoe shall constitute the Second judicial district; the counties of Eureka and Lander shall constitute the Third judicial district; the county of Elko shall constitute the Fourth judicial district; the counties of Mineral, Esmeralda and Nye shall constitute the Fifth judicial district; the counties of Pershing and Humboldt shall constitute the Sixth judicial district; the county of White Pine shall constitute the Seventh judicial district; and the counties of Lincoln and Clark shall constitute the Eighth judicial district. |
Judicial districts of state created |
κ1929 Statutes of Nevada, Page 278 (CHAPTER 170, AB 9)κ
|
Act not effective until 1931; exception
Provisions in districts having more than one judge
Salaries of judges
Each county to pay proportionate share of salaries |
constitute the Sixth judicial district; the county of White Pine shall constitute the Seventh judicial district; and the counties of Lincoln and Clark shall constitute the Eighth judicial district. For each of said districts, except the Second judicial district, there shall be one judge; for the Second judicial district there shall be two judges elected. Whenever a vacancy shall occur in the office of any such judge it shall be filled as provided by law. Sec. 2. Until the first Monday in January, 1931, the judicial districts shall be and remain as heretofore provided by law unless there shall occur vacancies in the judges offices of the judicial districts as now provided by law, in which event the provisions of this act shall take immediate effect and apply to such judicial districts where vacancies occur as aforesaid. Sec. 3. In judicial districts where more than one judge shall have been provided for by this act, such judges shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and the said district judges therein shall have power to make such additional rules and regulations, not inconsistent with law, which will enable them to transact the judicial business in a convenient and lawful manner. Sec. 4. The salaries of the judges for the districts herein provided for shall be as follows: First, Fourth, Fifth, Sixth, Seventh and Eighth judicial districts, six thousand dollars per year; Second judicial district, seven thousand dollars each per year; Third judicial district, four thousand dollars per year. All of said salaries shall be paid in equal monthly installments out of the district judges salary fund, which is hereby created in the state treasury, and which shall be supplied in the manner following, to wit: Each county in each judicial district in the state shall contribute annually to said fund its proportionate share of the money necessary to pay the judge or judges of its district their respective salaries monthly for such year, based upon the assessment roll of the county for the previous year, and it is hereby made the duty of the county commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their countys quota of said district judges salary fund to the state treasurer at such time and in such installments as will enable the state treasurer to pay to each district judge one-twelfth of his annual salary on the first Monday of each and every month, and to cause such money to be forwarded by the county treasurer, and, if necessary, in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said board of county commissioners shall transfer and use any moneys in the county treasuries except those belonging to the public school fund. |
κ1929 Statutes of Nevada, Page 279 (CHAPTER 170, AB 9)κ
|
except those belonging to the public school fund. No salary of any judge shall be paid in advance. Sec. 5. The district judges shall receive mileage, traveling expenses and living expenses while away from home on official business while holding court elsewhere than at his home in the district, or by holding court elsewhere in this state. Sec. 6. All acts or parts of acts, in conflict with this act are hereby repealed. Sec. 7. This act shall take effect immediately after its passage and approval. |
Certain expenses allowed
Repeal In effect |
________
|
[Assembly Bill No. 180Mr. Simon]
Chap. 171An Act to amend an act entitled An act to establish free employment agencies within the state, providing for the management and regulation of such agencies, providing a penalty for the violation of such regulations, authorizing cooperation with the federal government in the establishment and maintenance of such agencies, and providing an appropriation to carry out the provisions of this act, approved March 9, 1923.
[Approved March 28, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended so as to read as follows: Section 1. The state free employment service of the State of Nevada is hereby established. The commissioner of labor shall also be the executive officer of the state free employment service, and the management of such service shall be under his supervision. He shall have authority to appoint agents who shall be under the direction of said commissioner of labor as may be required in carrying out the provisions of this act, such agents being located at convenient points in the state for the handling of the movement of labor of all classes, with the view that labor will not be congested at any one point, and to use their best endeavors to keep the supply of labor filled at the places where it is desired and in seasonable time. Such agents may be located at points in the state which will best serve to carry out the provisions and intent of this act, and the commissioner in charge has power to enter into agreements with the governing bodies of cities, towns or counties which desire such service, to use a portion of the fund provided by the state to assist in the maintenance of any such service put into effect by such governing bodies, or he may establish offices at points where he deems it to be for the best interest of employment, and maintain the same. |
State free employment service established
Agents may be located at different points |
κ1929 Statutes of Nevada, Page 280 (CHAPTER 171, AB 180)κ
|
Powers and duties of labor commissioner
In effect |
fund provided by the state to assist in the maintenance of any such service put into effect by such governing bodies, or he may establish offices at points where he deems it to be for the best interest of employment, and maintain the same. The commissioner of labor, in the capacity of head of the state free employment service, is hereby empowered to employ such clerical assistants as are necessary to carry out the provisions of this law and fix their compensation; to secure and distribute the necessary books and forms for keeping a record of the movement of labor, registration and placements, and all reports required to be made to that end. The said commissioner is authorized to attend conferences outside the state in cooperation with government officers and other state employment officials, relative to labor and employment conditions, and he shall be entitled to his necessary expenses upon any such attendance, said amounts to be paid out of the state free employment service fund upon approval of the state board of examiners. Sec. 2. This act shall take effect from and after its passage and approval. |
________
|
Board of chiropractic examiners created
Qualifications of appointees |
[Assembly Bill No. 210Mr. Groesbeck]
Chap. 172An Act to amend an act entitled An act to create a board of chiropractic examiners and to regulate the practice of chiropractic, and to provide penalties for violation of this act, and to prohibit the practice of any other mode or system under the name of chiropractic, approved February 16, 1923.
[Approved March 28, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created a board of chiropractic examiners, to be known as the Nevada state board of chiropractic examiners. The governor shall appoint such board, consisting of three members, within thirty days after this act takes effect. The appointees shall meet within ten days after their appointment and organize by electing a president, secretary, and treasurer, and adopting reasonable rules and regulations for the transaction of business. The appointees shall have the qualifications set forth in section 9. Subsequent appointees shall be graduates of chiropractic schools or colleges giving a course of at least three years, of six months each, in anatomy, histology, elementary chemistry and toxicology, physiology, bacteriology, hygiene and sanitation, pathology, diagnosis or analysis, chiropractic theory and practice, obstetrics and gynecology, symptomatology. |
κ1929 Statutes of Nevada, Page 281 (CHAPTER 172, AB 210)κ
|
hygiene and sanitation, pathology, diagnosis or analysis, chiropractic theory and practice, obstetrics and gynecology, symptomatology. No one may be appointed who practices anything but chiropractic as hereinafter defined. The term of office of the first member shall be one year; the second, two years; the third, three years. Appointees after the first shall serve for three years, and until their successors shall have been duly appointed and qualified. Vacancies shall be filled by the governor within thirty days. Sec. 2. Section 7 of the above-entitled act is hereby amended so as to read as follows: Section 7. Any one desiring an examination shall, at least fifteen days prior to the meeting of the board, make written application to the secretary. Such application shall be accompanied by an examination fee of twenty dollars. The application shall state the name, age, sex, and place of residence of the applicant, the name and location of the school or college from which he or she graduated, the length of time devoted to the study of chiropractic, the date of graduation, together with such other data as the board may require; provided, the schedule of minimum educational requirements to enable any person to practice chiropractic in this state shall be as follows, to wit: Anatomy, 600 hours; histology, 100 hours; elementary chemistry and toxicology, 100 hours; physiology, 200 hours; bacteriology, 100 hours; hygiene and sanitation, 100 hours; pathology, 200 hours; diagnosis or analysis, 400 hours; chiropractic theory and practice, 500 hours; obstetrics and gynecology, 100 hours; symptomatology, hours. Total, 2,400 hours. In case an applicant fails in the first examination he or she shall be entitled to a second examination without further fee. Application shall be signed and sworn to by the applicant. The board shall prepare reasonable questions, and fairly mark and grade the answers thereto, all of which shall be done solely for the purpose of determining whether the applicant is reasonably qualified to practice chiropractic. All applicants reasonably qualified to practice chiropractic shall be granted a license. Sec. 3. Section 9 of the above-entitled act is hereby amended so as to read as follows: Section 9. Any person of good moral character who has been engaged in the practice of chiropractic in the state prior to the passage of this act shall be licensed without examination, upon payment of twenty-five dollars, if he or she applies for a license within sixty days after the organization of the board. Sec. 4. Section 10 of the above-entitled act is hereby amended so as to read as follows: |
Terms of office
Examination of applicants
Educational requirements
Second examination without fee
Reasonable examination
License without examination |
κ1929 Statutes of Nevada, Page 282 (CHAPTER 172, AB 210)κ
|
Reciprocity
In effect |
Section 10. Any person of good moral character, licensed by a chiropractic board of any other state or territory or holding a certificate from the national board of chiropractic examiners, may be licensed without examination upon payment of twenty-five dollars. Sec. 5. This act shall become effective upon its passage and approval. |
________
|
Relating to receivers of stolen goods; offense high misdemeanor |
[Assembly Bill No. 214Mr. Duffill]
Chap. 173An Act relative to receivers of stolen goods, and matters pertaining thereto.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who shall receive or buy any goods or chattels or choses in action, or other valuable thing whatsoever, that shall have been stolen from any other person or taken from him by robbery, otherwise unlawfully or fraudulently obtained, or converted in any manner contrary to any of the provisions of the act to which this act is supplemental, whether such stealing or robbery shall have been committed either in the State of Nevada or in some other jurisdiction, and whether such goods, chattels, choses in action, or other valuable thing shall be received or bought from the thief, robber, or person so obtaining, taking, or converting them, or from any other person, or shall receive, harbor or conceal any thief or robber knowing him to be so, shall be guilty of a high misdemeanor; and if such person is shown to have or to have had possession of such goods, chattels, choses in action, or other valuable thing within six months from the date of such stealing, robbery or unlawful or fraudulent obtaining, such possession shall be deemed sufficient evidence to authorize conviction, unless such person shows to the satisfaction of the jury either (1) that the goods or chattels or choses in action or other valuable thing were, considering the relations of the parties thereto and in circumstances thereof, a gift; or (2) that the amount paid for the goods, chattels, choses in action, or other valuable thing represented their fair and reasonable value; or (3) that the person buying such goods, chattels, choses in action, or other valuable thing knew of his own knowledge or made inquiries sufficient to satisfy a reasonable man that the seller was in a regular and established business for dealing in goods, chattels, choses in action, or other valuable thing of the description of the goods purchased; or (4) that the person receiving or buying such goods, chattels, choses in action, or other valuable thing, has simultaneously with the receipt or sale reported the transaction to the police authorities of the municipality in which he resides. |
κ1929 Statutes of Nevada, Page 283 (CHAPTER 173, AB 214)κ
|
or buying such goods, chattels, choses in action, or other valuable thing, has simultaneously with the receipt or sale reported the transaction to the police authorities of the municipality in which he resides. 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 from and after its passage and approval. |
Repeal
In effect |
________
|
[Assembly Bill No. 44Mr. Swallow]
Chap. 174An Act to provide for the inspection for and the destruction of noxious weeds, providing the manner of designation what constitutes a noxious weed, providing for the administration of this act, defining the duties of the state quarantine officer in relation thereto, defining the duties of county commissioners in relation to this act, making an appropriation for carrying out the provisions of this act, providing penalties for the violation thereof, and other matters properly related thereto.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state quarantine officer is hereby authorized and empowered to designate and declare by regulation the injurious and noxious weeds of the state; provided, that no weed shall be so designated as injurious and noxious which is already introduced and established in the state to such an extent as to make its control or eradication impracticable in the judgment of the said state quarantine officer, and every railroad, canal, ditch, or water company, and every person, firm or corporation owning, controlling, or occupying lands in this state, and every county, incorporated town or city, irrigation or drainage district, having the supervision and control over streets, alleys, lanes, rights of way, or other lands, shall cut, destroy, or eradicate all weeds declared and designated as injurious and noxious as above, before such weeds shall propagate, or spread, and whenever required by the said state quarantine officer. Sec. 2. It shall be the duty of the state quarantine officer to enforce the provisions of this act, it shall also be the duty of the state quarantine officer to display in every farm bureau office in the State of Nevada a sample of puncture vine, and he is hereby authorized to employ such deputies and other assistants as are necessary therefor. |
State quarantine officer to designate noxious and injurious weeds
Duties of quarantine officer |
κ1929 Statutes of Nevada, Page 284 (CHAPTER 174, AB 44)κ
|
Owners of land must eradicate weeds
County commissioners to act upon refusal of owner
Expense of clearing land a lien on property |
Sec. 3. It shall be the duty of the state quarantine officers to make, or have made, a careful examination and investigation of the spread, development, and growth of injurious and noxious weeds in this state, and upon discovery of such weeds it shall be the further duty of the said state quarantine officer to ascertain the names of the owners of the land, and the description of the land where said weeds are found, and to serve notice in writing upon the owner, owners, or occupant of said land, either in person, by deputy, or by mailing by registered mail said notice, postage prepaid, addressed to the owner, owners, or occupant at the last known post-office address as disclosed by the books and records of the county or counties in which the property is located, to cut, eradicate, or destroy said weeds within such time and in such manner as designated and described in said notice. One such notice shall be deemed sufficient for the entire season of weed growth during that year. The state quarantine officer, or his deputy, shall make proof of service of said notice under oath, and file the same in the office of the county treasurer in the county or counties wherein such lands are located. Sec. 4. If any owner, owners, or occupant of the lands described in the notice served, as provided in section three of this act, shall fail, or neglect, or refuse to cut, destroy, or eradicate the weeds designated, upon the land described, in accordance with the requirements of said notice, it shall be the duty of the said state quarantine officer to notify the board of county commissioners of the county, or counties, in which said lands are located of such failure, neglect, or refusal. Upon notice as above, the board, or boards of county commissioners concerned, shall proceed to have cut, destroyed, or eradicated, the weeds in question in accord with the requirements of the notice served upon the owner, owners, or occupant of the land in question, paying for such cutting, destruction, or eradication out of the county funds. Upon the completion of such work of cutting, destruction, or eradication of such weeds the board of county commissioners shall prepare in triplicate itemized statements of all expenses incurred in the cutting, destruction, or eradication of the weeds involved, and shall deliver the three copies of said statement to the county treasurer within ten (10) days of the date of the completion of the work involved. Sec. 5. Upon receipt of the itemized statements of the cost of cutting, destroying, or eradication of such weeds, it shall be the duty of the county treasurer forthwith to mail one copy to the owner, or owners, of the land on which the weeds were cut, destroyed, or eradicated, together with a statement that objections may be made to the whole or any part of the statement so filed to the board of county commissioners within thirty (30) days. A hearing may be had upon any objections made. The county treasurer shall, at the same time, deliver a copy of the statement to the clerk of the board of county commissioners. |
κ1929 Statutes of Nevada, Page 285 (CHAPTER 174, AB 44)κ
|
the same time, deliver a copy of the statement to the clerk of the board of county commissioners. If any objections to any statement is filed with the board of county commissioners, they shall set a date for a hearing, giving due notice thereof, and upon the hearing fix and determine the actual cost of cutting, destroying, or eradicating the said weeds and report their findings to the county treasurer. If no objections to the items of the account so filed are made within thirty (30) days of the date of mailing said itemized statement, it shall be the duty of the county treasurer to enter the amount of such statement upon his tax roll in a column prepared for that purpose, and likewise within ten (10) days from the date of the action of the board of county commissioners upon objections filed, to enter the amount found by the board of county commissioners as the actual cost of cutting, destroying, or eradicating the said weeds in the said prepared column upon the tax rolls. If current tax notices have been mailed, said costs may be carried over on the rolls to the year following. The costs hereby incurred shall be a lien upon the land from which the weeds were cut, destroyed, or eradicated, and shall be collected as now provided by law for the collection of other liens. Sec. 6. Any expense incurred by any county in the cutting, destroying or eradicating of injurious or noxious weeds from any street, lane, alley, or other property owned or controlled by an incorporated town or city in such incorporated town or city, in accord with the provisions of section four of this act, shall be repaid to the said county from the general fund of the said incorporated town or city, upon presentation to the governing body of said incorporated town or city of an itemized statement of the expense so incurred. Sec. 7. Whenever any injurious or noxious weed, or weeds, are found growing upon the public domain, or any other lands in this state owned by the federal government, the state quarantine officer shall serve notice, as provided in section three of this act, upon the board, or boards of county commissioners of the county, or counties, wherein such lands are located, to cut, destroy, or eradicate such weeds in accord with the provisions of the notice so served. Any expense of cutting, destroying, or eradicating injurious or noxious weeds upon the public domain, or other lands owned by the federal government, in accord with the provisions of this section, shall be paid from the general fund of the county, or counties, concerned; provided, that the total amount expended by any county under the provisions of this section in any one calendar year shall not exceed an amount equal to a tax levy of five (5) cents upon each one hundred dollars ($100) of the total assessment roll of said county. |
Hearing had in case of protest
County to be reimbursed by city, when
Proceedings when land in public domain |
κ1929 Statutes of Nevada, Page 286 (CHAPTER 174, AB 44)κ
|
Appropriation, $4,000
Penalty for violation
Repeal
Each section independent
In effect |
Sec. 8. For the purpose of carrying out the provisions of this act there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of four thousand dollars ($4,000) annually, or so much thereof as may be necessary, the money hereby appropriated to be expended under the direction of the state quarantine officer. All claims against this appropriation shall be approved by the state quarantine officer and shall be allowed as are other bills against the state. Sec. 9. Any person violating any of the provisions of this act, or failing, or refusing, or neglecting to perform or observe any conditions or regulations prescribed by the state quarantine officer, in accord with the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished accordingly. Sec. 10. All acts, and parts of acts, in conflict with the provisions of this act are hereby repealed. Sec. 11. Each section of this act, and every part of each section, are hereby declared to be independent sections and parts of sections, and the holding of any section, or part thereof, to be void or ineffective for any cause shall not be deemed to affect, nor shall it affect, any other section or any part thereof. Sec. 12. This act shall take effect and be in force from and after its passage and approval. |
________
|
|
[Senate Bill No. 124Committee on Agriculture, Irrigation and Reclamation of Arid Lands]
Chap. 175An Act to amend an act entitled An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water, cooperation with the United States; and matters properly connected therewith, approved March 19, 1919, as amended.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Another subsection is hereby added to section 10 of the above-entitled act to be numbered section 10c and to read as follows: |
κ1929 Statutes of Nevada, Page 287 (CHAPTER 175, SB 124)κ
|
Section 10c. Any water user, or his agent or lessee, of an irrigation district who shall negligently or wrongfully impair the usefulness of any reservoir, canal, ditch, lateral, drain, headgate, structure, or any part of the irrigation district system of works and fails to repair the same within ten days after notice from the district so to do, or who fails within such time to file with the board of directors good and sufficient reasons for so failing to do, shall become liable for the payment thereof as provided in this act, or the irrigation district may make such repairs and add and collect the same as an operation and maintenance charge against the lands of said water user for the next succeeding irrigation season. Sec. 2. A new section is hereby added to the above-entitled act to be numbered section 10d, and to read as follows: Section 10d. All moneys belonging to or in the custody of any irrigation district within this state, or of the treasurer or other officer thereof shall, so far as possible, be deposited in such state or national bank or banks in this state as the treasurer or other officer of such irrigation district having legal custody of said moneys shall select £or the safe-keeping thereof, and shall be subject to withdrawal at any time on demand of the treasurer or other authorized officer. For the security of such deposits there shall be delivered to the treasurer of such irrigation district a bond or bonds of a corporate surety qualified to act as sole surety on bonds or undertakings required by the laws of this state, and approved by the insurance commissioner of this state as a company possessing the qualifications required for the purpose of transacting a surety business within this state; provided, that the penal amount of such bond or bonds shall at no time be less than the amount of money deposited by such irrigation district with such depositary; said bond or bonds shall secure and guarantee the full and complete repayment to such irrigation district or the payment to its order of all funds so deposited together with interest thereon. The premium for such corporate surety bond or bonds, in the discretion of the directors of the irrigation district, may be paid out of the funds so deposited or may be required to be paid by the depositary; provided, however, that said depositary may, in lieu of said corporate surety bond or bonds, deposit with the treasurer of such irrigation district treasury notes or United States bonds, or other securities which are legal investments for savings banks in this state, the market value of which shall at all times equal the amount of funds so deposited as collateral security, and such securities shall be placed by such treasurer in escrow in some bank other than the depositary of the funds of such district. In the event of the failure of the depositary to repay such funds to the district on demand, or to pay the same to its order, the securities so placed in escrow shall be redelivered to the treasurer and may be sold by him with or without notice, and the proceeds thereof used to reimburse the district. |
Persons liable for injury to system
Moneys to be deposited in banks
Moneys must be secured |
κ1929 Statutes of Nevada, Page 288 (CHAPTER 175, SB 124)κ
|
Certain exceptions
Designation of bonds
Maturity of bonds |
funds to the district on demand, or to pay the same to its order, the securities so placed in escrow shall be redelivered to the treasurer and may be sold by him with or without notice, and the proceeds thereof used to reimburse the district. The provisions of this section, however, shall not apply to deposits made for the purpose of paying the principal or interest due on any bonds of such district, and the treasurer or other custodian of such funds of such district may, with the approval of the board of directors of such district, deposit money in any bank or banks within or without this state in such amount as shall be necessary for the payment of the principal and interest of such bonds at the place or places at which the same are payable and under such conditions as the board of directors shall determine. Sec. 3. Section 16 of the above-entitled act is hereby amended to read as follows: Section 16. The bonds authorized by vote shall be designated as a series, and the series shall be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time shall be designated as an issue and each issue shall be numbered in its order. The bonds of such issue shall be numbered consecutively, commencing with those earliest falling due, and they shall be designated as eleven-year bonds, twelve-year bonds, etc. They shall be negotiable in form, and payable in money of the United States as follows, to wit: At the expiration of eleven years from each issue, five per cent of the whole number of bonds of such issue; at the expiration of twelve years, six per cent; at the expiration of thirteen years, seven per cent; at the expiration of fourteen years, eight per cent; at the expiration of fifteen years, nine per cent; at the expiration of sixteen years, ten per cent; at the expiration of seventeen years, eleven per cent; at the expiration of eighteen years, thirteen per cent; at the expiration of nineteen years, fifteen per cent; at the expiration of twenty years, sixteen per cent; provided, that such percentage may be changed sufficiently so that every bond shall be in the amount of one hundred dollars, or a multiple thereof, and the above provisions shall not be construed to require any single bond to fall due in partial payments. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed by the board of directors, with the approval of the state board of irrigation district bond commissioners; provided, that in no case shall the maturity of any bond be more than 35 years from the date thereof. Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1, or July 1, which date shall be subsequent to the election at which the issuance of said bonds was authorized and prior to their delivery to a purchaser, and said bonds shall bear interest at the rate of not to exceed six per cent per annum, payable semiannually on the first day of January and July of each year. |
κ1929 Statutes of Nevada, Page 289 (CHAPTER 175, SB 124)κ
|
prior to their delivery to a purchaser, and said bonds shall bear interest at the rate of not to exceed six per cent per annum, payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein, which may be at any place within or outside of this state, and any district may deposit moneys in any bank or banks within or outside this state for the payment of the principal or interest of such bonds at the place or places at which the same are payable, or for any other lawful purpose. Said bonds shall be each of a denomination of not less than one hundred dollars, nor more than one thousand dollars, and shall be signed by the president and secretary, and the seal of the district shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. Said bonds shall express on their face that they were issued by the authority of this act, naming it, and shall also state the number of the issue of which said bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, the name of the purchaser. In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and works adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plan by levy or assessment therefor; provided further, that when the money obtained by any previous issue of bonds has become exhausted by expenditures herein authorized, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election shall be called and otherwise conducted in accordance with the provisions of this act in respect to an original issue of bonds. The lien for taxes for the payment of interest and principal of any bond series shall be a prior lien to that of any subsequent bond series. Sec. 4. Section 22 of the above-entitled act is hereby amended to read as follows: Section 22. Said bonds and the interest thereon shall be paid by revenue derived from the annual assessments upon the lands of the district; and all of the land of the district shall be and remain liable to be assessed for the payment of the principal and interest of any outstanding bonds of the district until the same shall have been fully paid. Sec. 5. Section 23 of said act is hereby amended so as to read as follows: Section 23. The following funds are hereby created and established, to which the moneys properly belonging shall be apportioned, to wit: Construction fund, bond fund, and general fund. The general fund may be divided into general and operation and maintenance as the board may direct. |
Interest not to exceed 6 per cent
Record to be kept
Additional bonds may be issued
How bonds redeemed
Funds created |
κ1929 Statutes of Nevada, Page 290 (CHAPTER 175, SB 124)κ
|
Distribution of money to said funds
Transfers may be made
Salaries and expenses must be approved by board |
Moneys accruing from the sale of bonds, and from any assessments levied for the direct payment of cost of construction, purchase of property, or other undertakings for which bonds may be issued, shall be deposited and kept in the construction fund. Moneys accruing from assessments levied for the payment of interest and principal on bonds shall be deposited and kept in the bond fund. All other moneys, including those realized from assessments or, as the case may be, from tolls and charges levied or imposed for defraying the organization and current expense of the district, and expenses and cost of the care, operation, maintenance, management, repair, and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, shall be deposited and kept in the general fund or operation and maintenance fund, as the board of directors may designate. The board of directors may make temporary transfers from the general fund to the construction fund and from the construction fund to the general fund, but no such transfers may be made from the bond fund. Whenever all construction work is completed, any money remaining in the construction fund may be transferred to the general fund. Surplus moneys in the bond fund, subject to the approval of the irrigation district bond commission, may be placed at interest or invested in approved interest-bearing securities. The treasurer of the district is hereby authorized and required to receive and receipt for and to collect the moneys accruing to the several funds above named, and to place the same to the credit of the district in the appropriate fund. Said treasurer shall be responsible upon his official bond for the safe-keeping and disbursement of the moneys in such fund. Interest coupons shall be paid by him as in this act provided. The board may establish rules and regulations and prescribe the conditions under which the treasurer may make disbursements from the general and operation and maintenance funds, but no payments from any of the other funds of the district shall be made by the treasurer except upon vouchers signed by the president and secretary, after being first authorized by order of the board; provided, however, that salaries or expenses incurred by any member or officer of the board of directors must be approved at a meeting of the board before voucher therefor is signed by the president and secretary. The county treasurer or treasurers who are required by this act to collect assessments levied by the district, are hereby authorized and required to turn over to the treasurer of the district all moneys, including delinquent penalties and interest collected (excepting cost of publication), and to take his receipt therefor. Such district treasurer shall report to the board in writing on the first Monday in each month the amount of money in the several funds aforesaid and the amounts received and paid out in the preceding month, and the treasurer shall make such other report and accounting as the board may require. |
κ1929 Statutes of Nevada, Page 291 (CHAPTER 175, SB 124)κ
|
Monday in each month the amount of money in the several funds aforesaid and the amounts received and paid out in the preceding month, and the treasurer shall make such other report and accounting as the board may require. Such reports shall be verified and filed with the secretary of the board. Sec. 6. Section 29 1/2 of the above-entitled act is hereby amended to read as follows: Section 29 1/2. Whenever the county officers designated in section 29 shall sell any of the lands in the district because of delinquencies in the payment of district, state, or county taxes, said lands shall be sold subject to the accrued and accruing liens for district assessments, charges and tolls against the same; and under no circumstances shall the water rights of the district be included or sold at such delinquent sales unless and until all district taxes, assessments, charges and tolls against such lands shall have been first fully paid to the district. Unpaid and accruing district assessments, taxes, charges and tolls against such lands sold at delinquent tax sales shall continue a charge and lien against such lands, and any purchaser of such lands shall take the same subject to the payment by the purchaser of all such accrued and accruing charges, in addition to the purchase price of said land. Any irrigation district lands bought in by the district at a delinquent tax sale may be conveyed to any purchaser upon such terms as the board of directors shall deem for the best interest of the district. The board shall not, however, extend the time of payment of the whole beyond the date when any bond issue or other obligation matures for which said assessments, taxes, tolls or charges form a part. Sec. 7. Section 49 1/2 of said act is amended so as to read as follows: Section 49 1/2. The board of directors may also provide for the construction of canals, ditches, laterals, dams, drains or other structures or improvements or the acquirement, replacement, consolidation or extension of the same, or the leasing, acquisition or construction of electrical transmission lines and accessory equipment, the benefits of which affect all or are limited to a portion of the district only, in the following manner: Upon the recommendation in writing by the district engineer, or upon a petition signed by a majority of the electors of the district owning land to be affected, or by electors representing at least one-half of the total acreage to be affected by such a proposed local improvement, defining the boundaries thereof, and requesting the board of directors to undertake the carrying out of the same, the board of directors, if it approves the same, may form and designate such area as an improvement district for the purpose desired, and shall establish and define the boundaries thereof; and the board of directors further shall have power to prepare plans and estimates of the cost of such proposed improvement and to determine the manner in which the cost of such improvement shall be provided for, and for this purpose may propose the issuance of bonds, notes, or certificates of indebtedness payable by an assessment or otherwise on the property in the improvement district, bearing not more than six per cent (6%) per annum interest, interest payable semiannually, and in such amounts and maturing at such time or times, not exceeding twenty (20) years, as the board of directors may prescribe; such securities, whether bonds, notes or certificates of indebtedness, when issued, to be executed by the officers of the district in the manner prescribed in this act for the execution of bonds; and the board of directors of the district after the plan has been approved by the irrigation district bond commission as herein provided and the bond issue or other indebtedness has been authorized at the special election as provided, shall proceed to apportion the benefits therefor in the manner prescribed in this act. |
Sale of lands to pay delinquent taxes
Disposal of lands bought at delinquent tax sale
Construction of works
Directors to designate improvement district |
κ1929 Statutes of Nevada, Page 292 (CHAPTER 175, SB 124)κ
|
Bonds
Special election, when
Form of ballot
Proposed improvement to be approved by board before special election |
thereof; and the board of directors further shall have power to prepare plans and estimates of the cost of such proposed improvement and to determine the manner in which the cost of such improvement shall be provided for, and for this purpose may propose the issuance of bonds, notes, or certificates of indebtedness payable by an assessment or otherwise on the property in the improvement district, bearing not more than six per cent (6%) per annum interest, interest payable semiannually, and in such amounts and maturing at such time or times, not exceeding twenty (20) years, as the board of directors may prescribe; such securities, whether bonds, notes or certificates of indebtedness, when issued, to be executed by the officers of the district in the manner prescribed in this act for the execution of bonds; and the board of directors of the district after the plan has been approved by the irrigation district bond commission as herein provided and the bond issue or other indebtedness has been authorized at the special election as provided, shall proceed to apportion the benefits therefor in the manner prescribed in this act. The board shall call a special election in the manner prescribed in this act for the calling of special elections and shall fix one or more polling places within the improvement district which is affected by such local improvement, at which special election there shall be submitted to the electors of the improvement district to be affected by such proposed improvement, and upon which lands benefits are to be apportioned, the question substantially in the following form: Shall the improvement of local improvement district No . (briefly describing it) be authorized and the indebtedness therefor, estimated in the sum of dollars, be incurred and paid in the manner following (briefly stating the method of payment, whether by bonds, notes or certificates of indebtedness and the time or times of payment, together with the rate of interest)? The election shall in all other respects, including the qualification to vote, be conducted in the manner prescribed in this act for the holding of elections within the district in so far as the same may be applicable. If two-thirds of the qualified electors voting at such special election vote in favor of such proposed local improvement and the incurring of the indebtedness therefor, the board of directors shall be authorized to carry out such proposed improvement, providing the proceedings are confirmed by the court as hereinafter prescribed. No special election shall be caned for the purpose hereinbefore provided until after the proposed local improvement, together with the estimated cost thereof accompanied by a report of the district engineer, together with the proposed method of financing the same, shall have been submitted by the board of directors of the district to the irrigation district bond commission and by such commission approved. If the proposed improvement be carried by a vote of two-thirds of the qualified electors voting at such election, the board of directors shall petition the district court of the county in which the principal office of the district is located for confirmation of all of the proceedings in respect to such local improvement in the manner prescribed in this act for the confirmation of other proceedings by the district, and upon the hearing before said court upon said petition any person interested may be heard, and at such hearing the court may correct any error in the matter of apportionment of benefits or in any of the proceedings. |
κ1929 Statutes of Nevada, Page 293 (CHAPTER 175, SB 124)κ
|
improvement be carried by a vote of two-thirds of the qualified electors voting at such election, the board of directors shall petition the district court of the county in which the principal office of the district is located for confirmation of all of the proceedings in respect to such local improvement in the manner prescribed in this act for the confirmation of other proceedings by the district, and upon the hearing before said court upon said petition any person interested may be heard, and at such hearing the court may correct any error in the matter of apportionment of benefits or in any of the proceedings. Upon the filing of such petition in court the judge of said court shall fix a time and place for the hearing thereof, giving notice of at least two weeks of such hearing by publication in a newspaper of general circulation published in the county and also by posting three copies of such notice at conspicuous points or places in the improvement district. Upon confirmation by the district court of the proceedings in respect to such local improvement, including all assessments of benefits, and upon the approval of the irrigation district bond commission and the certification of the state controller, as provided for in the act creating the irrigation district bond commission, the board of directors are empowered and shall negotiate the sale of the securities so authorized in the manner prescribed in this act for the sale of district bonds, and the proceeds of the sale thereof shall be deposited in a special fund to be designated Improvement District No .Fund, and thereupon shall proceed with the improvement. That said bonds shall be issued in the name of the improvement district and when issued shall be a lien upon the land included therein. For the payment of interest and the redemption of said bonds, notes or certificates of indebtedness, the board of directors shall levy annual assessments for the amount of interest and the redemption of said bonds, notes or certificates of indebtedness upon the lands affected by said local improvement according to the apportionment of benefits, and the same shall be delivered to the secretary of the district and by him entered in the assessment book or books thereof, and such assessment or assessments and the collection thereof shall thereafter take the same course as assessments of the district as in this act provided. Prior to the issuance of bonds, notes, or certificates of indebtedness authorized for the purpose of such local improvement, any person, firm or corporation owning land upon which a benefit has been assessed for such improvement, may pay all or any portion of the benefits so assessed against said land, and upon said payment, such benefit so assessed shall be discharged to the extent of such payment, but no such payment may be made after the issuance of bonds, notes, or certificates of indebtedness authorized to be issued in payment of such improvement except as provided by the district. |
Court action, when
Notice of hearing by publication and posting
Improvement district fund
Annual assessments for payment of debt
Certain payments may be made before bond issue |
κ1929 Statutes of Nevada, Page 294 (CHAPTER 175, SB 124)κ
|
List of claims to be published
Board of directors may guarantee tax levy
Guarantee binding |
except as provided by the district. All the provisions of this act where applicable shall apply to such improvement districts. Sec. 8. A subsection is hereby added to section 51 of the above-entitled act to be numbered section 51a and to read as follows: Section 51a. The board of directors of each irrigation district shall, each and every month, post in three public places in the district, one of which places shall be the county courthouse, or publish in a newspaper of general circulation in the county, a list of the claims allowed by the board for the preceding month. Sec. 9. A new section is hereby added to the above-entitled act to be numbered section 72, and to read as follows: Section 72. Whenever an election has been held in any irrigation district and bonds have been authorized to be issued having the maturities prescribed in section 16 of this act, which bonds have likewise been authorized to be issued by the board of directors of such district but have not been delivered, the board of directors, subject to the approval of the state irrigation district bond commission, may agree with any prospective purchaser of such bonds prior to the delivery thereof and the payment of the purchase price thereof, that such irrigation district will, during the life of said bonds, levy a minimum tax in each year prior to the fixed maturity date of such bonds, or any of them, which agreement shall be in writing signed by the president and secretary of such district, and bearing upon its face the approval of the state irrigation district bond commission, and shall be filed in the office of the county recorder of each and every county in which such district is located. When so filed for record, said agreement shall constitute a binding and irrevocable agreement on the part of said district that such taxes will be levied as herein provided, and said agreement shall inure to the benefit of the holders or owners of each of said bonds at any time outstanding, so as to give to them, or either of them, a right of action against such district to compel the levy of such taxes as in said agreement provided. A copy of said agreement, certified by each of the county recorders in whose office the same may be recorded, shall be filed with the county auditor of each county in which the same shall have been recorded. It shall thereupon be the duty of the county auditor of each said county, without further notice or demand, to spread upon the assessment books containing the property subject to be assessed for irrigation purposes the amount of such minimum sinking fund tax, and it shall be the duty of the county treasurer of each such county to collect the same, together with all other taxes levied or collected in such irrigation district. |
κ1929 Statutes of Nevada, Page 295 (CHAPTER 175, SB 124)κ
|
district. After any such agreement has been recorded as above provided, no subsequent board of directors shall have any authority to repeal, change or modify the same in any respect whatsoever without the consent in writing of the owners and holders of all of the bonds of the district then outstanding; provided, however, that the board of directors may, in its discretion, increase the amount of such sinking fund tax, or levy additional sinking fund taxes, or other taxes, from time to time without in anywise impairing the obligation to levy and collect such minimum sinking fund tax. Any county auditor who shall fail to enter said minimum sinking fund tax in the manner above provided may be forthwith removed from office, and in the event of the failure of any official to levy or collect such tax after the recordation of said agreement, as above provided, the holder or owner of any bond of such district then outstanding may so notify the district attorney of any county in which such district is located, and it shall thereupon become the duty of such district attorney to institute appropriate action by mandamus or other judicial proceeding to compel the levy and collection of taxes as in said agreement provided. If any district attorney shall fail to comply with the request of any such holder or owner of said bonds, the attorney-general of the State of Nevada shall forthwith commence such proceedings for and on behalf of the owners and holders of all of the bonds of such district then outstanding and entitled to the benefits of such sinking fund tax. The full faith and credit of the State of Nevada are hereby pledged that this section shall not be repealed while any such agreements shall remain of record in the office of the county recorder of any county in this state, nor shall the provisions of this act be amended or changed or modified so as to impair the efficacy of such tax until all of the bonds of any such district and the coupons attached thereto which are or may be entitled to the benefits of this provision shall have been fully paid and discharged. Sec. 10. A new section is hereby added to the above-entitled act to be numbered section 73, and to read as follows: Section 73. Not later than sixty days prior to any general election of the district, if a petition signed by the qualified electors of the district equal in number to thirty-five per cent of the qualified electors of said district requesting that directors from each division of the district shall be elected by the qualified electors of such division, and not by the qualified electors of the district as a whole, shall be filed with the board of directors, such board shall place upon the ballots of the next regular election the question of whether or not directors from each division shall be elected by the electors of such division and not by the electors of the district as a whole. If a majority of the votes cast at said election shall be in favor of so electing directors from each division by the electors from that division alone, then thereafter such shall be the method of electing directors in such district. |
Agreement binding on subsequent boards
Proceedings in event of failure of county officials to perform certain duties
Faith of state pledged
Procedure for election of directors may be changed |
κ1929 Statutes of Nevada, Page 296 (CHAPTER 175, SB 124)κ
|
Director not to be employed by district
Funds may be spent for recreational grounds
Each section independent
Repeal; in effect
Directors may exploit resources of district
Notes may be issued after tax levy made |
shall be in favor of so electing directors from each division by the electors from that division alone, then thereafter such shall be the method of electing directors in such district. Sec. 11. A new section is hereby added to the above-entitled act to be numbered section 74, and to read as follows: Section 74. No director shall, during his term of office, be employed by the district as district engineer, water-master or manager; this shall not be construed as depriving the board of the right and power to appoint a committee or committees to act for the board whenever and wherever necessary to carry out the purposes of this act. Sec. 12. A new section is hereby added to the above-entitled act to be numbered section 75, and to read as follows: Section 75. The board of directors is empowered to expend moneys from the general and operation and maintenance fund for the development, operation and maintenance of recreational grounds, provided that such expenditures shall not exceed the sum of one thousand dollars in any one year. Sec. 13. A new section is hereby added to the above-entitled act to be numbered section 76, and to read as follows: Section 76. Each section of this act and every part of each section are hereby declared to be independent sections, and parts of sections, and the holding of any section or part of section to be void, ineffective or unconstitutional for any cause shall be deemed not to affect any other section or any part of a section. Sec. 14. A new section is hereby added to the above entitled act to be numbered section 77, and to read as follows: Section 77. All laws and parts of laws in conflict herewith are hereby repealed and this act shall be in force from and after its passage. Sec. 15. A new section is hereby added to the above-entitled act to be numbered section 78, and to read as follows: Section 78. The board of directors is empowered to expend not to exceed the sum of fifteen hundred dollars in any one year for the purpose of exploiting the resources of the irrigation district; such moneys to be raised by tax levy and to be payable out of the general fund. Sec. 16. A new section is hereby added to the above-entitled act to be numbered section 79, and to read as follows: Section 79. In the event any installment of taxes has been levied for the payment of any outstanding bonds or interest of any irrigation district, the board of directors are hereby authorized to issue notes bearing a rate of interest not exceeding eight per cent per annum, which notes shall be payable out of said installment of taxes so levied, and shall not be in excess of seventy-five per cent of said levy; the proceeds derived from such notes shall be used only for the purpose of meeting the obligation of said district for which said tax was levied. |
κ1929 Statutes of Nevada, Page 297 (CHAPTER 175, SB 124)κ
|
the purpose of meeting the obligation of said district for which said tax was levied. In the event that the proceeds of such taxes are insufficient, through delinquency or uncollectibility of taxes or other cause, to pay, when due, all the lawful debts for which such taxes were levied, the board of directors is authorized and directed to levy and collect in the next succeeding year a special tax in addition to all other taxes in an amount sufficient to pay all of such lawfully contracted indebtedness, and may borrow as in this section provided in anticipation of such tax to pay off any such lawfully contracted indebtedness. Sec. 17. This act shall take effect from and after its passage and approval. |
Special tax, when
In effect |
________
κ1929 Statutes of Nevada, Page 298κ
|
State engineer to insure proper distribution of water; procedure |
[Senate Bill No. 125Committee on Agriculture, Irrigation and Reclamation of Arid Lands]
Chap. 176An Act to amend an act entitled An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution and use of water, prescribing the duties and powers of the state engineer and other officers and fixing their compensation; prescribing the duties of water users and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineers office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts in conflict with this act, repealing an act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, an assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also repealing an act amendatory of a certain act entitled An act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907, and to provide a fee system for the certification of the records of and an official seal for the state engineers office, and other matters relating thereto, approved February 20, 1909, approved March 22, 1913.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 54 of said act is hereby amended to read as follows: Section 54. It shall be the duty of the state engineer to divide or cause to be divided the waters of the natural streams or other sources of supply in the state among the several ditches and reservoirs taking water therefrom, according to the rights of each, respectively, in whole or in part, and to shut or fasten, or to cause to be shut or fastened, the head gates or ditches, and to regulate, or cause to be regulated, the controlling works of reservoirs, as may be necessary to insure a proper distribution of the waters thereof. |
κ1929 Statutes of Nevada, Page 299 (CHAPTER 176, SB 125)κ
|
head gates or ditches, and to regulate, or cause to be regulated, the controlling works of reservoirs, as may be necessary to insure a proper distribution of the waters thereof. Such state engineer shall have authority to regulate the distribution of water among the various users under any ditch or reservoir, whose rights have been adjudicated, or whose rights are listed with the clerk of any district court of this state pursuant to the terms of this act, actual cost of such regulation being paid by the ditch or reservoir receiving such service. Whenever, in pursuance of his duties, the water commissioner regulates a head gate to a ditch or the controlling works of reservoirs it shall be his duty to attach to such head gate or controlling works a written notice properly dated and signed, setting forth the fact that such head gate or controlling works has been properly regulated and is wholly under his control, and such notice shall be a legal notice to all parties interested in the diversion and distribution of the water of such ditch or reservoir. It shall be the duty of the district attorney to appear for or in behalf of the state engineer, or his duly authorized assistants, in any case which may arise in the pursuance of the official duties of any such officer within the jurisdiction of said district attorney. Sec. 2. This act shall take effect from and after its passage and approval. |
Duty of water commissioner
In effect |
________
|
[Assembly Bill No. 143Mr. Swallow]
Chap. 177An Act to amend an act entitled An act in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 23, 1917, as amended March 27, 1919, and as amended March 29, 1927.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7 of the above-entitled act is hereby amended so as to read as follows: Section 7. At the regular session commencing after the state board of equalization session, the Nevada tax commission, for the purpose of state equalization, may, upon complaint of any party aggrieved, raise or lower any valuations theretofore established upon any class or piece of property, exclusive of live stock. Sec. 2. This act shall become effective from and after its passage and approval. |
Valuations may be raised or lowered
In effect |
κ1929 Statutes of Nevada, Page 300κ
|
Wild animals classified
Fur-bearing animals
Predatory animals
Wild birds
Migratory game birds
Upland game bird |
[Senate Bill No. 69Senator Proctor]
Chap. 178An Act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the closing, opening and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof, and repealing certain acts and parts of acts in conflict therewith.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purposes of this act wild animals shall be classified as follows: Game animals, fur-bearing animals and predatory animals. The words game animal, wherever used in this act, shall be held to mean and include the elk, antelope, deer, mountain sheep, mountain goat, black or brown bear, cottontail rabbit, and mountain hare. The words fur-bearing animals, wherever used in this act, shall be held to mean and include the raccoon, marten, fisher, beaver, silver fox, red fox and muskrat. The words predatory animal, wherever used in this act, shall be held to mean and include the wild cat, bobcat, lynx, wolf, wolverine, coyote, weasel, otter, badger, mink, skunk, squirrel, rat, and mole. Sec. 2. For the purposes of this act wild birds shall be classified as follows: Game birds, including migratory game birds and upland game birds, predatory birds, and nongame birds. The words migratory game birds, wherever used in this act, shall be held to mean and include the anatidae, or water fowl, commonly known as geese, brant, swan, river and sea ducks, snipe, plover. The word upland game bird, wherever used in this act, shall be held to mean and include prairie chicken, sagehen and sagecock, grouse, pheasants, partridge, mountain quail, valley quail, plover, rail, ibis, or any variety of shore birds. |
κ1929 Statutes of Nevada, Page 301 (CHAPTER 178, SB 69)κ
|
valley quail, plover, rail, ibis, or any variety of shore birds. The words predatory bird, wherever used in this act, shall be held to mean and include the duck hawk, pigeon hawk, western goshawk, and all other hawks, magpie, crow, kingfisher, jay, English sparrow, horned owl, raven, and shrike or butcherbird. The words nongame bird, wherever used in this act, shall be held to mean and include all wild birds other than game birds and predatory birds as hereinbefore defined. Sec. 3. The words game fish, wherever used in this act, shall be held to mean and include river trout, rainbow trout, lake trout, brook trout, white fish, landlocked salmon, royal chinook salmon, perch, and bass. Sec. 4. The words to hunt, and their derivatives, hunting, hunted, etc., wherever used in this act, shall be held to mean and include shooting, killing, catching, capturing, trapping, injuring and crippling wild animals, fowl or birds, and the pursuing, tracking, calling, baiting and decoying of wild animals, fowl or birds with the intent to shoot, kill, catch, capture, trap, injure or cripple the same, and disturbing or worrying of wild animals, fowl or birds, whether the same result in the shooting, killing, catching, capturing, trapping, injuring or crippling, or not, and every attempt to shoot, kill, catch, capture, trap, injure, cripple, pursue, track, call or decoy wild animals, fowl or birds, and every act of assistance to any other person in shooting, killing, catching, capturing, trapping, injuring, crippling, pursuing, tracking, calling or decoying wild animals, fowl or birds. Whenever taking is allowed, by law, reference is had to taking by lawful means and in lawful manner; that is, with gun held in hand and the discharging thereof in the manner known as hunting. Sec. 5. The words to trap, and their derivatives, trapping, trapped, etc., wherever used in this act, shall be held to mean and include the killing, catching, capturing, injuring, crippling, baiting or decoying any wild animal, fowl or bird, or game fish by means of any trap, net, snare, deadfall, or other device, used or capable of being used for the purpose of killing, catching, capturing, injuring, crippling, baiting, or decoying the same, and every attempt to kill, catch, capture, injure, cripple, bait or decoy any wild animal, fowl or bird, or game fish by means of any such device, and every act of assistance to any person in killing, catching, capturing, injuring, crippling, baiting, or decoying any wild animal, fowl or bird, or game fish by means of any such device. Sec. 6. The words to fish, and their derivatives, fishing, fished, etc., wherever used in this act, shall be held to mean and include catching, capturing, shooting, killing, trapping, injuring, gaffing, dip netting and crippling game fish and salmon taken with hook and line, and the pursuing, baiting and decoying of game fish with intent to catch, capture, shoot, kill, trap, injure, gaff, dip net or cripple the same and every attempt to catch, capture, shoot, kill, trap, injure, gaff, dip net, cripple, pursue, bait or decoy any game fish. |
Predatory bird
Nongame bird
Game fish
Hunting defined
Trapping
Fishing |
κ1929 Statutes of Nevada, Page 302 (CHAPTER 178, SB 69)κ
|
Commission
Open season
Closed season
Who to enforce act
Game animals and fish to be protected
Board of fish and game commissioners created |
trapping, injuring, gaffing, dip netting and crippling game fish and salmon taken with hook and line, and the pursuing, baiting and decoying of game fish with intent to catch, capture, shoot, kill, trap, injure, gaff, dip net or cripple the same and every attempt to catch, capture, shoot, kill, trap, injure, gaff, dip net, cripple, pursue, bait or decoy any game fish. Sec. 7. The words commission, said commission or board, wherever used in this act, shall be held to mean Fish and Game Commissioners. Sec. 8. The words open season, wherever used in this act, shall be held to mean the time during which it shall be lawful to hunt, trap or fish for game animals, fur-bearing animals, game birds or fish. Each period of time prescribed as an open season shall be construed to include the first and last days thereof. The words closed season, wherever used in this act, shall be held and construed to mean the time during which it shall be unlawful to hunt, trap or fish for game animals, fur-bearing animals, game birds or fish. Sec. 9. The state board of fish and game commissioners, together with the county commissioners of their respective counties, shall have jurisdiction to enforce the provisions of this act and all laws relating to game animals, fur-bearing animals, game birds, nongame birds and fish. Sec. 10. The game animals, fur-bearing animals, game birds and nongame birds in the State of Nevada and the game fish in the waters of the State of Nevada shall be preserved, protected and perpetuated, and to that end such game animals, fur-bearing animals, game birds, nongame birds and game fish shall not be hunted, trapped or fished for at such times or places or by such means or in such manner as will impair the supply thereof. Sec. 11. There shall be and is hereby created a state board of Fish and Game Commissioners, which shall consist of five members, one from each of the divisions hereafter provided, and each of whom shall be a citizen and resident of the State of Nevada. The appointment of the members of the state fish and game commission shall be made by the governor, and all of the members of said board shall serve at the pleasure of the governor. The said state fish and game commissioners shall, as soon as appointed under this act, and biennially thereafter, meet and organize by the election of a chairman and secretary, and shall hold semiannual meetings with full attendance at the office of said board. Regular meetings shall, and other meetings may, be held at such times and places as may be deemed necessary and proper. Three members of said state board of fish and game commissioners shall constitute a quorum and shall have full power to transact any and all such business which may come before said fish and game commissioners. |
κ1929 Statutes of Nevada, Page 303 (CHAPTER 178, SB 69)κ
|
which may come before said fish and game commissioners. The members of said fish and game commission shall receive no compensation for their services as members thereof. All accounts for expenditures made or incurred by the said board of fish and game commissioners, or by any commissioner pursuant to the provisions of this act, shall be approved by the said board and, upon being approved by the state board of examiners, warrants for the respective amounts shall be drawn on the state treasurer. Sec. 12. The said fish and game commissioners, as soon as appointed and organized under this act, shall take under their control all state property such as fish hatcheries and other means and appliances now belonging to the State of Nevada, and for the protection and propagation of fish and game in the state. Said fish and game commissioners, individually or collectively, shall have full power and authority to enforce all laws of the State of Nevada respecting the protection, preservation and propagation of fish, game animals, and game birds within the state. The board shall have the exclusive power to extend and disburse all funds of the State of Nevada acquired for the protection, preservation or propagation of fish and game, and arising from state appropriations, gifts or otherwise; the board of fish and game commissioners shall have full power and authority to condemn and dispose of all property owned by the State of Nevada and used for the protection or propagation of fish and game, which shall have been found to be of no further use or value to the state, and shall turn over the proceeds arising therefrom to the state fish and game preservation fund. Said board of fish and game commissioners shall have full power and authority to use so much of any available funds as may be necessary for the acquisition of lands, water rights, and easements, and other property; and for the construction, maintenance, operation and repair of fish hatcheries and other means and appliances for the protection and propagation of fish and game in the State of Nevada. They shall appoint a superintendent of hatcheries who is skilled and expert in the science of fish breeding, and shall exercise control and general supervision over him and all of his appointees. The said board of commissioners shall have the power to remove any of said officers or employees for good and sufficient cause. The said fish and game commissioners shall report biennially to the governor, giving an account of their transactions under this act, and of all receipts and disbursements under this act, and of all receipts and disbursements under its provisions. Sec. 13. There is hereby created a fund to be known as and called Fish and Game Preservation Fund, which said fund shall be kept in the state treasury, and shall consist of all moneys received from the sale of licenses and from all other sources for fish and game propagation as provided by law, including appropriations made by the legislature from the general fund of the state, and such fund shall be subject to the payment of the expenses of propagating, restoring and introducing fish in the public waters of this state, and to the propagation, protection, restoration and transferring of game birds and animals in the state, and to the payment of the expenses incurred in the prosecution of offenders against the fish and game and fish and game license laws of the state, and for the cost of acquisition, construction and maintenance of fish hatcheries in the state, and to all other necessary expenses, upon approval by the fish and game commissioners against said fund, and, upon being approved by the state board of examiners, warrants for the respective amounts shall be drawn on the state treasurer. |
Powers and duties of board
Fish and game preservation fund created |
κ1929 Statutes of Nevada, Page 304 (CHAPTER 178, SB 69)κ
|
All expenses to be paid from fund
Private fish hatcheries may be established
Must be approved by commission; license
Dealers to pay license
Invoice to accompany sale or gift of fish |
other sources for fish and game propagation as provided by law, including appropriations made by the legislature from the general fund of the state, and such fund shall be subject to the payment of the expenses of propagating, restoring and introducing fish in the public waters of this state, and to the propagation, protection, restoration and transferring of game birds and animals in the state, and to the payment of the expenses incurred in the prosecution of offenders against the fish and game and fish and game license laws of the state, and for the cost of acquisition, construction and maintenance of fish hatcheries in the state, and to all other necessary expenses, upon approval by the fish and game commissioners against said fund, and, upon being approved by the state board of examiners, warrants for the respective amounts shall be drawn on the state treasurer. Sec. 14. Any person may establish a private fish hatchery for the artificial propagation, culture, and maintenance of food fishes; and any person lawfully conducting any such private fish hatchery, and engaged in the artificial propagation, culture, and maintenance of fishes, may take them in his own inclosed waters wherein the same are so cultivated and maintained at any time and for the purpose herein mentioned and none other and the products of such fish hatchery, fish spawn, fry and fish may be sold at any time of the year by such hatchery, or their then vendees, after having first complied with the terms of this act and the regulations of the state fish and game commissioners in relation thereto. Sec. 15. No fish, spawn, fry, or fish from any private hatchery shall be sold under the terms of this act unless the location and plan of such hatchery be approved by the state fish and game commissioners, the same duly licensed as a private hatchery, and the state fish and game commissioners approve the same; and each private fish hatchery, before it shall be entitled to the benefits of this act, shall pay to the state treasurer an annual license fee of ten ($10) dollars, and such fee shall be credited to the state fish and game preservation fund. Sec. 16. Every person engaged in the business of buying and selling, packing and preserving, or otherwise dealing in trout or other food fishes, obtained from private hatcheries of this or other states shall, before engaging in such business, pay to the state treasurer, for the use of the fish and game preservation fund, a fee of ($2.50) two dollars and fifty cents. Sec. 17. When the proprietor of any licensed fish hatchery shall sell or dispose of any fish as herein provided, he shall, at the same time, deliver to the purchaser or donee or attach thereto an invoice signed by the proprietor or his agent, stating the number of his license, and the name of such hatchery, the date of disposition, the kind, and, as near as practicable, the weight and number of such fish, the name and address of the purchaser, consignee, or donee. |
κ1929 Statutes of Nevada, Page 305 (CHAPTER 178, SB 69)κ
|
stating the number of his license, and the name of such hatchery, the date of disposition, the kind, and, as near as practicable, the weight and number of such fish, the name and address of the purchaser, consignee, or donee. Such invoice shall authorize transportation and use for six days after its date, and shall be substantially in the following form:
State of Nevada-Department of Fish Commission Private Hatchery Invoice Name of hatchery ....................................................................................................................... Number of license ......................................... date .............................................. , 192........... Kind and number of fish ........................................................................................................... Weight of same ............................................................................................................ pounds Name of consignee .................................................................................................................... Address of consignee ............................................................................................................... This authorizes transportation within this state, possession, and sale, for six days after date, of attached-to article. .................................................. Proprietor. By .............................................................. Agent. Such proprietor or his agent shall at the same time mail, postpaid, or otherwise deliver a duplicate of such invoice to the fish and game commissioners at Reno, Nevada. Sec. 18. When any such fish for which an invoice is required is to be shipped by rail, express, or other carrier, public or private, the invoice shall be securely attached thereto or to the package containing the same, in plain sight, and the same may then be lawfully carried and delivered within this state to the consignee named in such invoice. If such fish is held, exposed or offered for sale, or sold by the consignee, or kept in any storage, hotel, restaurant, cafe or boardinghouse, such invoice shall be kept attached thereto as aforesaid until the same shall have been prepared for consumption. In case of a sale or disposal of a part of such fish, the vender shall at the same time make a copy of such invoice and indorse thereon the date of sale, the number and kind of fishes disposed of, and the name of the purchaser, and sign and deliver the same to the purchaser, or donee, who shall keep it attached as aforesaid until the fish is prepared for consumption, and the same shall have force and effect as the original invoice. Sec. 19. Any willful misstatement in, or any omission of a substantial requirement from, any invoice or copy thereof shall render the same void, and shall be deemed a violation of this act, and the possession of such fish shall be unlawful, and the possession of any fish without such invoice or a copy thereof attached thereto, when so as above required, shall be unlawful. The proprietor of every private hatchery licensed under the preceding section shall, whenever required by the state fish and game commissioners, make and send to the commission a report showing as near as practicable the kind and number of the fish added and disposed of during the year preceding and on hand at the date of the report. |
Form of invoice
Duplicate to commission
Invoice attached to all shipments of fish
Misstatement in invoice violation of act |
κ1929 Statutes of Nevada, Page 306 (CHAPTER 178, SB 69)κ
|
State divided into districts
Designation of districts
Districts grouped into divisions
Closed season-Truckee river west of Derby |
commission a report showing as near as practicable the kind and number of the fish added and disposed of during the year preceding and on hand at the date of the report. Sec. 20. For the purposes specified in this act, the State of Nevada is divided into separate and distinct districts and divisions for the protection of fish in waters of said districts and divisions. Sec. 21. District No. 1 shall consist of all of the waters and lands of Washoe County, including the waters of Lake Tahoe, in the State of Nevada, and the tributaries thereto, and all the waters of Pyramid lake. District No. 2 shall consist of all of the waters and lands of Churchill County. District No. 3 shall consist of all of the waters and lands of Pershing County. District No. 4 shall consist of all of the waters and lands of Humboldt County. District No. 5 shall consist of all of the waters and lands of Elko County. District No. 6 shall consist of all of the waters and lands of Eureka County. District No. 7 shall consist of all of the waters and lands of Lander County. District No. 8 shall consist of all of the waters and lands of Storey County. District No. 9 shall consist of all the waters and lands of Ormsby County. District No. 10 shall consist of all the waters and lands of Douglas County. District No. 11 shall consist of all the waters and lands of Lyon County. District No. 12. shall consist of all the waters and lands of Mineral County, and also the Walker rivers and the Walker lake. District No. 13 shall consist of all the waters and lands of White Pine County. District No. 14 shall consist of all the waters and lands of Lincoln County. District No. 15 shall consist of all the waters and lands of Nye County. District No. 16 shall consist of all the waters and lands of Esmeralda County. District No. 17 shall consist of all the waters and lands of Clark County. Sec. 22. The administrative purposes of the above districts are grouped into five divisions as follows: Division No. 1 shall consist of district No. 1. Division No. 2 shall consist of district No. 2, district No. 3, and district No. 4. Division No. 3 shall consist of district No. 5, district No. 6, and district No. 7. Division No. 4 shall consist of district No. 8, district No. 9, district No. 10, district No. 11 and district No. 12. Division No. 5 shall consist of district No. 13, district No. 14, district No. 15, district No. 16, and district No. 17. Sec. 23. It shall be unlawful for any person to fish in or from any of the waters of the Truckee river lying west of the point commonly known and designated the United States government reclamation clam in the vicinity of Derby and extending to the boundary line of the State of Nevada and the State of California, except between the fifteenth day of April and the first day of October of the same year, both dates included. |
κ1929 Statutes of Nevada, Page 307 (CHAPTER 178, SB 69)κ
|
April and the first day of October of the same year, both dates included. Sec. 24. It shall be unlawful for any person to fish in or from any of the waters of the Truckee river and the district No. 1 except between the fifteenth day of April and the first day of October of the same year, both dates included. Sec. 25. It shall be unlawful for any person to fish in or from the waters described and designated in district No. 1 between the dates of the thirty-first day of October and the twenty-ninth day of May of the following year, both dates included. Sec. 26. It shall be unlawful for any person to fish in or from any of the waters of Pyramid lake, known as all the waters of district No. 1, except between the fifteenth day of April and the first day of October of the same year, both dates included; provided, that if delivered by private conveyance, Indian wards of the United States who are residents of this state shall, under regulations prescribed by the state fish and game commissioners, have the privilege of selling, direct to consumers, fish they may legally take from the waters of district No. 1, namely, Pyramid lake and that part of the Truckee river lying north of the government dam at Numana, in district No. 1, between April 15 and December 15, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish; provided, each fish so sold shall be marked by a metal tag firmly attached thereto and bearing the abbreviation Nevada, stamped in the metal of which it is made; and it shall be unlawful for any person to attach said tag except he shall have been authorized in writing by an agent of Nevada state fish and game commissioners, which authorization shall be for a term not to exceed one calendar year. The tag shall be of a standard pattern. It shall be removed only by the consumer, and when removed shall be destroyed. The Nevada state fish and game commissioners shall furnish all necessary fish tags. Sec. 27. It shall be unlawful for any person to fish in or from any of the waters of Maggie creek and tributaries, north and south forks of the Humboldt river and tributaries, Marys river and tributaries, Willow creek reservoir and all creeks emptying into same, Salmon river, and tributaries, Jarbidge river and tributaries, Bruneau river and tributaries, Goose creek, Little Goose creek, Jakes creek, or the Humboldt river, within said districts No. 4 and No. 5, except between the first day of May and the fifteenth day of November of the same year, both dates included; or in or from any of the waters of any other streams within district No. 5 except between the first day of April and the first day of October of the same year, both dates included. |
District No. 1
Limit of season designated
Pyramid lake
Indians may sell fish
Proviso
Districts Nos. 4 and 5 |
κ1929 Statutes of Nevada, Page 308 (CHAPTER 178, SB 69)κ
|
Districts Nos. 2, 3, 4, 6
Districts Nos. 7 to 17
Indians may sell fish
Walker lake open during 1929, 1930
No closed season for carp; permit and license fee
Unlawful to pollute streams; proviso
Fishways or ladders to be maintained
Penalty for noncompliance |
Sec. 28. It shall be unlawful for any person to fish in or from any of the waters in districts No. 2, No. 3, No. 4, No. 6, between the first day of October and the first day of May following. Sec. 29. It shall be unlawful for any person to fish in or from the waters of districts No. 7 to No. 17, inclusive, between the dates of the first (1st) day of October of each year and the first (1st) day of April of the following year; provided, that if delivered by private conveyance, Indian wards of the United States who are residents of this state shall, under regulations prescribed by the state fish and game commissioners, have the privilege of selling, direct to consumers, fish they may legally take from the waters of Walker lake, between April 31 and December 15, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish, in the same manner and for the same purpose as provided in section thirty-one of this act; provided further, that game fish and carp may be taken at any time during the years 1929 and 1930 from the waters of Walker lake in district No. 12. Sec. 30. Carp may be taken in the waters of all districts and in Walker, Winnemucca, Pyramid, Lahontan and Topaz lakes at any time during any year; provided, that a permit be obtained by the person or persons intending to catch carp, from the fish and game commissioners who must provide a suitable inspector or game warden to inspect catches of carp and fix a license fee for the privilege. Sec. 31. Every person who places or allows to pass, or who places where it can pass or fall into or upon any of the waters of this state at any time, any lime, gas, tar, cocculus indicus, slag, acids, or other chemical, sawdust, shavings, slabs, edgings, mill or factory refuse, or any substance deleterious to fish, shall be deemed guilty of misdemeanor; provided, that the provisions of this section shall not apply to mills or works for the reduction of ores nor against the owners or operators of such mills or works so far as concerns the owners or operators of such mills or works. Sec. 32. Every person who has erected, or who may hereafter erect, any dams, water weirs, or other obstructions to the free passage of fish in the rivers, streams, lakes, or other waters of the State of Nevada, shall construct and keep in repair to the satisfaction of the fish and game commissioners, fishways or fish ladders at all such dams, water weirs or other obstructions so that at all seasons of the year fish may ascend above such dams, water weirs, or other obstructions, to deposit their spawn; and every person so placing, controlling or owning any such obstruction, who shall fail to comply with the provisions of this section after having been notified in writing so to do by the Nevada fish and game commissioners, and every person who shall at any time willfully or knowingly destroy, injure, or obstruct any fishway or fish ladder which is required by law, shall be deemed guilty of a misdemeanor. |
κ1929 Statutes of Nevada, Page 309 (CHAPTER 178, SB 69)κ
|
or knowingly destroy, injure, or obstruct any fishway or fish ladder which is required by law, shall be deemed guilty of a misdemeanor. Sec. 33. Any person owning in whole or in part any canal, ditch, or any artificial watercourse, taking or receiving its waters from any river, creek, or lake in which fish have been placed or may exist shall, when practicable to do so, place, or cause to be placed, and shall maintain at the intake or inlet of such canal, ditch, or watercourse, a grating, screen, or other device, either stationary or operated mechanically, of such construction, fineness, strength, and quality, as shall be designated by the state fish and game commissioners, to prevent any fish from entering such canal, ditch, or watercourse. Sec. 34. It shall be unlawful for any person to dry up, impede or interfere with the free flow of water through any fish ladder upon any stream in this state when there is sufficient unappropriated or unused water in such stream for use therein by diverting the same from above and around such fish ladder by means of any ditch, canal or aqueduct and permitting the same to waste, spill or flow back into said stream below such fish ladder by means of a spillway, tailrace, overflow, underpass, headgate or other appliance not equipped with an efficient and adequate fish ladder; provided, that this section shall not be construed to impair any subsisting right to divert water from such stream for irrigation, domestic or culinary purposes. Sec. 35. It shall be unlawful for any person to at any time transport or offer for transportation to any place outside of this state any game or fish taken within this state; provided, that a permit may be acquired from the game wardens or deputies, under regulations, for the transportation of any of the protected fish under this act to any point outside of the state, which are not intended to be for sale, and in an amount not to exceed one days limit in number. Sec. 36. It shall be unlawful, except as provided in this act, for any person in the State of Nevada to buy, sell, or offer or expose for sale, any variety of game fish at any period of the year. Nothing in this section shall be so construed as to prohibit the sale at any time of salt-water fish that shall have come from outside the State of Nevada. Sec. 37. It shall be unlawful for any person in the State of Nevada to accept or to receive for shipment or for transportation from any one person or in the name of any one firm, company, or association, in any one calendar day, more than ten pounds of game fish; provided, that nothing in this section shall be so construed as to prevent the shipment, or receipt, or acceptance of not more than ten trout, regardless of weight, on one calendar day from any single consignor, and it shall be unlawful for any person to offer or present, or to receive or accept for shipment, carriage or transportation, any box, bundle, package, basket, or other container whatsoever in which are enclosed any of the fishes herein specified, unless the box, bundle, basket or other container aforesaid shall be so wrapped, tied, or constructed that it may be opened for inspection or examination, and unless it shall bear a conspicuous label, easily read, which shall state the contents thereof, together with the name and address of the consignor and consignee; and false statements on the aforesaid label either as to the contents inclosed or as to the true name or address of the consignor thereof or of the consignee shall be construed as a violation of this act. |
Ditches, etc., to be screened
Unlawful to interfere with free flow of water through fish ladders
Unlawful to ship fish out of state
Unlawful to sell fish at any time; exception
Shipment by carrier limited to ten pounds or ten fish in any one calendar day |
κ1929 Statutes of Nevada, Page 310 (CHAPTER 178, SB 69)κ
|
Packages must be easy of inspection
Shipment of spawn prohibited; exception
Catch limited to 10 pounds or 25 fish
Fishing prohibited within 100 feet of dam with fishway
Night fishing illegal
Officers authorized to seize fish taken illegally |
or present, or to receive or accept for shipment, carriage or transportation, any box, bundle, package, basket, or other container whatsoever in which are enclosed any of the fishes herein specified, unless the box, bundle, basket or other container aforesaid shall be so wrapped, tied, or constructed that it may be opened for inspection or examination, and unless it shall bear a conspicuous label, easily read, which shall state the contents thereof, together with the name and address of the consignor and consignee; and false statements on the aforesaid label either as to the contents inclosed or as to the true name or address of the consignor thereof or of the consignee shall be construed as a violation of this act. Sec. 38. It shall be unlawful for any person in the State of Nevada to accept or offer for transportation out of the state any spawn taken within the state, unless with the expressed consent of the Nevada fish and game commissioners; provided, that nothing in this act shall be so interpreted as to prevent or prohibit the several boards of county commissioners of their respective counties within the state, wherein county hatcheries have been established, from transporting eggs or spawn outside of the state for propagation or transplanting purposes. Sec. 39. It shall be unlawful for any person to take, catch, or kill, or to have in his, her, or their possession on any one calendar day more than ten pounds, or twenty-five (25) in number, of game fish; provided, that nothing in this act shall be so interpreted as to prevent or to prohibit the taking of not more than ten trout, salmon, or other fish specified in this act, regardless of their weight. Sec. 40. It shall be unlawful for any person in the State of Nevada at any time to fish for any fish whatever within a distance of one hundred feet above or below any dam in this state containing a fishway or fish ladder. Sec. 41. It shall be unlawful for any person in the State of Nevada to fish in or from any of the waters of the State of Nevada on any calendar day after two hours after sunset, and on any calendar day before one hour before sunrise. Sec. 42. The fish and game commissioners of the State of Nevada, the members of the Nevada state police, and every fish or game warden throughout the state, and every sheriff and constable in his respective county, is and are hereby authorized and required to enforce this act and to seize any game or fish taken or held in possession in violation of this act, and he or they shall have full power and authority and it shall be the duty of every such officer, with or without a warrant, to open, enter or examine all camps, wagons, cars, automobiles, stages, tents, packs, warehouses, stores, outhouses, stables, barns, and other places, boxes, barrels, baskets and packages where he has reason to believe any fish or game taken or held in violation of any of the provisions of this act is or are to be found, and to seize the same; provided, that a dwelling house actually occupied can be entered for examination only in pursuance of a warrant. |
κ1929 Statutes of Nevada, Page 311 (CHAPTER 178, SB 69)κ
|
packages where he has reason to believe any fish or game taken or held in violation of any of the provisions of this act is or are to be found, and to seize the same; provided, that a dwelling house actually occupied can be entered for examination only in pursuance of a warrant. Sec. 43. Nothing in this act shall be so construed as to hinder or prevent or prohibit the taking of trout or of other fishes or of their fry, eggs or ova, at any time, in any manner or by any means or in any suitable place or location by the Nevada fish and game commissioners, or by their agents, or by any one whom they may authorize, or by the several boards of county commissioners in their respective counties, or by the employees of said board therein, thereunto duly authorized for the purpose of breeding or propagation, or for scientific study and investigation. Sec. 44. It shall be unlawful for any person to at any time take, catch, or carry away, from any state or county hatchery, or from any waters set aside or used for the purpose of rearing or growing fish for transplanting by the state, or by any county within the state, any such fish so being reared or grown; provided, nothing in this section shall be so construed as to prohibit the employees of any state or county hatchery from handling, at any time, all such fish as may be required in the propagation, care and distribution of said fish. Sec. 45. It shall be unlawful for any person to at any time, sell, offer or expose for sale, any spawn, eggs, or ova, or the roe from any kind, variety or species of fish whatsoever; or to have in his or their possession any variety of said spawn, eggs, or ova, in the roe, layer or any other state during the closed season for the taking of such fish, or at any time when it shall be unlawful for the possession of such variety of fish. Nothing in this section shall hinder or prevent or prohibit the taking of any such spawn, eggs, or ova, or roe, at any time, in any manner or by any means by the Nevada fish and game commissioners, or by their hatchery employees or by any one whom they may authorize; or by the several boards of county commissioners of their respective counties or by their hatchery employees, wherein county hatcheries have been established within the state. Nothing in this section shall be construed to prevent the sale of commercial canned baits such as salmon eggs or canned caviar. Sec. 46. It shall be unlawful for any person to at any time receive, or have brought or shipped into the State of Nevada, or remove from one stream or body of water in this state to any other, any spawn, eggs, or ova of any variety for hatching or transplanting into any of the waters of this state, either public or private; or any fry or fish of any size or variety without the consent and approval of the Nevada fish and game commissioners; provided, that nothing in this section shall be so construed as to apply to regularly constituted county fish-cultural establishments. |
Not to prohibit taking for certain purposes
Unlawful to take fish from hatchery
Possession of spawn unlawful
Exception
Permission necessary to import or transplant spawn or fish |
κ1929 Statutes of Nevada, Page 312 (CHAPTER 178, SB 69)κ
|
Commission exempted from provisions of act
Fishing to be with hook and line only
Fish and game commission may extend closed season |
fish and game commissioners; provided, that nothing in this section shall be so construed as to apply to regularly constituted county fish-cultural establishments. Sec. 47. Nothing in this act shall be so construed as to hinder or prevent or prohibit the taking of trout or of other fishes or of their fry, eggs or ova, at any time, in any manner or by any means or in any suitable place or location by the Nevada fish and game commissioners or by their agents or by any one whom they may authorize or by the several boards of county commissioners in their respective counties, or by the employees of said board therein, thereunto duly authorized, for the purpose of breeding or propagation; and the fish and game commissioners are further authorized to take or to permit the taking of minor or unprotected fish from the waters of the state by seine, or any trapping device, for the purpose of revenue to the propagation of fish and game within this state; and said commissioners shall fix a price to be paid for each fish so taken from the waters of this state, and all money received therefrom shall be paid into the state treasury, to the credit of the state fish and game preservation fund, by the party or parties so permitted to take said fish. Sec. 48. It shall be unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species whatever with any seine, net, spear, set line, set hooks, grab hooks, trot line, or snag line, or in any manner known as snagging, or with any weir fence, trap, giant powder or any other explosive compound, except with hook and line attached to a rod held in the hands and in the manner known as angling; that is, with baited hook, fly hook, spoon hook, or other anglers lure; provided, that carp may be taken by seine. Sec. 49. The board of fish and game commissioners are hereby authorized to extend or close the season for fishing in any streams or parts of streams, lakes, or waters within this state which are now or hereafter shall have been stocked with food fish by the state or its commissioners, when, in their opinion, such action is necessary for the protection of the fish in said streams and waters to the end that the supply of fish for food may be permanently increased; provided, however, that before any such action shall be effective, notice thereof shall have been published by order of the board for at least once each week for two consecutive weeks in a newspaper published and of general circulation in the county where there are any streams, parts of streams, lakes, or waters in or from which the open season for taking or catching fish is to be restricted, and shall state the period over which the closed season is to extend, giving the names of the streams, parts of streams, lakes or waters, and copies of said ordinance shall have been posted in at least four conspicuous places along any streams, parts of streams, lakes, or waters in or from which the open season for taking fish is to be restricted. |
κ1929 Statutes of Nevada, Page 313 (CHAPTER 178, SB 69)κ
|
of said ordinance shall have been posted in at least four conspicuous places along any streams, parts of streams, lakes, or waters in or from which the open season for taking fish is to be restricted. The payment for the notice herein provided for shall be paid out of the county fish and game fund of the county affected. Sec. 50. There is hereby created, in each of the counties of this state, a county fund to be known as and called County Fish and Game Fund, which said fund shall be kept in the county treasury of the respective counties, and all moneys received from the sale of fishing and hunting licenses and from other sources as provided by law shall be placed into said fund in each county of the state; and said fund shall be subject to orders for the expenses of propagating, protecting, restoring and introducing fish and game, and for the protection of the same, and for the payment of the expenses incurred in the prosecution of offenders against the fish and game, and fish and game license laws of the state, and expenses for the payment of the cost of the purchase of licenses and all other books and blanks required in the county, and for the cost of acquisition, construction and maintenance of fish hatcheries therein, and for all other necessary expenses therewith, approved by the board of county commissioners therein; and upon such approval, the auditor of each county of the state is hereby directed to draw his warrant on the count treasurer for the respective amounts. Sec. 51. The several boards of county commissioners in this state may appoint a fish and game warden and deputies for their respective counties, whose duty it shall be to carry out and enforce in the county, for which he is appointed, all of the provisions of any law of this state relating to fish and game, and to assist in the stocking of the various streams, lakes and rivers of the state with fish, such appointment to be made for such term as shall seem expedient to the board of county commissioners making the same, and the board shall have power to remove said fish and game warden or deputies at pleasure. The several boards of county commissioners shall likewise have power to fix the salaries of the fish and game wardens respectively appointed by them, and shall regulate the expenses to be allowed to such fish and game wardens in the performance of their duties. Every fish and game warden or deputies appointed hereunder shall report monthly to the said commissioners, giving detailed statements of all arrests made, convictions had, fines collected, and generally in regard to the management of his office. Sec. 52. All money collected from the sale of licenses by the county clerks of their respective counties as provided herein shall be paid into the state and county treasuries respectively, as follows: Two-fifths (2/5) of all the money collected from the sale of resident hunting licenses shall be transmitted quarterly by the county clerk to the state treasurer, and by him shall be placed to the credit of the state fish and game preservation fund; and three fifths (3/5) of all the money collected from the sale of resident hunting licenses, together with all the money collected from the sale of nonresident hunting licenses, shall be paid into the county treasury of the county where the license money is collected, to the credit of the county fish and game fund. |
County Fish and Game Fund created
County commissioners may appoint fish and game wardens |
κ1929 Statutes of Nevada, Page 314 (CHAPTER 178, SB 69)κ
|
Disposition of license moneys
Licenses to hunt or fish
Form of license
Fees-Resident license
Nonresident license |
herein shall be paid into the state and county treasuries respectively, as follows: Two-fifths (2/5) of all the money collected from the sale of resident hunting licenses shall be transmitted quarterly by the county clerk to the state treasurer, and by him shall be placed to the credit of the state fish and game preservation fund; and three fifths (3/5) of all the money collected from the sale of resident hunting licenses, together with all the money collected from the sale of nonresident hunting licenses, shall be paid into the county treasury of the county where the license money is collected, to the credit of the county fish and game fund. All of the money collected for the sale of fishing licenses as provided herein shall be paid into the county treasury of the county wherein the license money is collected. Sec. 53. Licenses granting the privilege to hunt or fish during the open season as fixed by law shall be issued and delivered, upon application, by the county clerk of any of the counties of this state, or by the state fish and game warden, or the deputy state and county wardens, which shall have written thereon the words:
Expires December 31, 192 . State of Nevada, County of Anglers License-Hunting License Name............................................................................................................................................. Age................................................................. Height................................................................. Eyes, color..................................................... Hair, color........................................................... Residence..................................................................................................................................... The holder of this license hereby agrees to exhibit any game or fish in my possession to any regularly appointed state or county warden or deputy warden upon demand. Owners signature ..................................................... No .... Date issued ......... Not transferable. Sec. 54. The licenses shall be issued at the following prices: First-To any citizen of the United States, who has been a bona fide resident of the State of Nevada for six months, upon the payment of one dollar and fifty cents ($1.50) for fishing license and two dollars and fifty cents ($2.50) for a hunting license. Second-To any citizen of the United States, not a bona fide resident, upon the payment of three dollars ($3) for fishing license, or ten dollars ($10) for a hunting license; provided, a citizen of any other state of the United States shall be granted fishing and hunting licenses upon the same terms and price as is charged in the state of his residence for similar licenses. Third-To any person, not a citizen of the United States, upon the payment of seven dollars and fifty cents ($7.50) for a fishing license. In no case shall a hunting license be issued to any such person not a citizen of the United States. |
κ1929 Statutes of Nevada, Page 315 (CHAPTER 178, SB 69)κ
|
issued to any such person not a citizen of the United States. The county clerks of their respective counties shall, during the month of January of each year, prepare and forward to the fish and game commissioners, at Reno, Nevada, a statement setting forth the number of fishing and hunting licenses issued in their county, designating resident, non-resident and alien licenses for the preceding year. Sec. 55. Every person in the State of Nevada, over the age of fourteen years, who hunts any of the wild birds or animals or who fishes without having first procured a license therefor, as provided in this act, shall be guilty of a misdemeanor. Sec. 56. Every person applying for and procuring a license, as herein provided, shall give to the county clerk his name and resident address, which information shall be by the clerk or board entered in a book kept for that purpose, together with a statement of the date of issuance, the number of licenses issued to such person, and description of such person, by age, height, race, and color of the eyes and hair. Sec. 57. All licenses issued as herein provided shall be valid, and shall authorize the person to whom issued to hunt game birds and animals and to fish during the open season fixed therefor by law, on and from the date of issuance of the license until the date of expiration printed thereon. No license shall be given for a period longer than one year. Sec. 58. Not more than two licenses shall be issued to any one person for the same fiscal year, except upon an affidavit by the applicant that either one issued has been lost or destroyed, and no licenses as herein provided shall be transferable or used by any other person than the one to whom they were issued. Sec. 59. Every person having licenses as provided herein who while hunting or fishing refuses to exhibit such licenses upon the demand of any officer authorized to enforce the fish and game laws of the state, or any other peace officer of the state, shall be guilty of a misdemeanor, and every person lawfully having said licenses who transfers or disposes of the same to another person to be used as a hunting or fishing license shall forfeit the same. Sec. 60. The licenses herein provided for may be procured in any county of the state and may be used in county in the State of Nevada. Nonresidents of the state may procure licenses in any county. Sec. 61. It shall be unlawful to hunt upland game at any time during the year except during a fifteen-day period between the fifteenth day of July and the first day of December of each year. Sec. 62. It shall be unlawful at all times of the year for any person to destroy, injure, or remove the nest or eggs of any of the birds mentioned in this act. |
Foreigner may obtain fishing license; no hunting license
Person over 14 years of age must have license
Requirements for license
Licenses for one year only
Not more than two licenses in any one year; not transferable
License must be shown officer
May procure license in any county
Open season on upland game
Unlawful to destroy eggs |
κ1929 Statutes of Nevada, Page 316 (CHAPTER 178, SB 69)κ
|
Shotgun larger than No. 10 gauge prohibited
Open season for water fowl; certain days may be designated
Doe or fawn deer
Deer; may take one during season
Proviso as to district No. 1
Season in each district may be regulated
Open season cottontail rabbit |
Sec. 63. It shall be unlawful for any person to use at any time a shotgun of a larger gauge than that commonly known and designated as a number ten gauge; provided further, that it shall be unlawful to hunt waterfowl with any rifle or pistol. Sec. 64. It shall be unlawful for any person to hunt 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 day of December of each year, both dates included; provided, however, that the boards of the county commissioners of the respective counties may shorten said season or designate certain days on which shooting shall be allowed in their respective counties. Sec. 65. It shall be unlawful at any time to hunt mountain sheep, goats, elk, antelope, or doe or fawn deer except at the time and places and in the manner as may hereafter be provided by the state fish and game commissioners. Sec. 66. It shall be unlawful to hunt deer at any time during the year other than during such thirty (30) day period, to be known as the open season, between October 1 and November 15 of each year, as may hereafter be designated for the respective counties by the board of fish and game commissioners, under the provisions of this act; provided, that there shall not be any open season on deer without horns, or spiked buck, or male deer with unbranched horns or antlers, and that during such open season of each year it shall be unlawful to kill, catch, trap, wound, or pursue with the intent to catch, trap, injure or destroy more than one deer with branched horns, except under conditions prescribed by the fish and game commissioners as provided in the above section; provided further, that the open season for deer in district No. 1 shall extend between October 1 and December 31 of each year. Sec. 67. The state fish and game commissioners are hereby authorized to divide the State of Nevada into such districts as they may find expedient with reference to hunting or fishing, and fix the dates for hunting or fishing in each of said districts within the limits provided in this act; provided, that the county commissioners of any county in this state may shorten or close the season entirely, and it shall be unlawful for any person to hunt or fish in any such district or county on any other day or days than may be designated by the fish and game commissioners or the county commissioners of any county affected. Sec. 68. It shall be unlawful for any person to hunt any cottontail rabbit or mountain hare except between the first (1) day of November and the thirty-first (31) day of December of each and every year, both dates included. Sec. 69. It shall be unlawful for any person to hunt or have in his or her possession during any one calendar day, in open season, a greater number than fifteen ducks, ten sagehen, or sagecock, ten snipe, five geese, five brants, three grouse, three pheasants, ten valley quail, five prairie chicken, five mountain quail, twenty-five doves, three partridge, five cottontail rabbits, or two mountain hare, or one days limit of any other game bird or game animal killed during the open season; provided, however, that any person upon obtaining a permit from any state or county fish or game warden or deputy warden may keep in storage in a licensed warehouse or his own home any fish or game, with the exception of migratory birds, killed during the open season and not to exceed one day limit. |
κ1929 Statutes of Nevada, Page 317 (CHAPTER 178, SB 69)κ
|
have in his or her possession during any one calendar day, in open season, a greater number than fifteen ducks, ten sagehen, or sagecock, ten snipe, five geese, five brants, three grouse, three pheasants, ten valley quail, five prairie chicken, five mountain quail, twenty-five doves, three partridge, five cottontail rabbits, or two mountain hare, or one days limit of any other game bird or game animal killed during the open season; provided, however, that any person upon obtaining a permit from any state or county fish or game warden or deputy warden may keep in storage in a licensed warehouse or his own home any fish or game, with the exception of migratory birds, killed during the open season and not to exceed one day limit. Sec. 70. It shall be unlawful for any person to take in any manner whatever or keep in captivity the bird known as the American eagle, or to take, injure or destroy the nest or eggs of said bird. Sec. 71. It shall be unlawful for any person to kill or destroy the eggs of any wild canary, wren, linnet, thrush, robin, bluebird, oriole, humming bird, meadow lark, snow bird, or other song or insectivorous bird. This section shall not apply to English sparrows, the killing of which is authorized. Sec. 72. It is hereby made unlawful for any person at any time to take any of the wild birds or wild game mentioned and protected in this act except between sunrise and sunset, the same to be considered according to government time reports. Sec. 73. It shall be unlawful for any person at any time of the year to hunt any deer, antelope, elk, mountain sheep, or mountain goat with or by the use or aid of any hound or hounds. Sec. 74. It is hereby made unlawful for any person to sell, or expose for sale, to barter, or trade, or purchase, or attempt to sell, barter, trade, or purchase any deer meat or any species of game animals protected by the provisions of this act. Sec. 75. It shall be unlawful for any person to transport, carry, or take out of this state, or offer for the purpose of transportation from this state, any of the wild game or wild birds protected in this act, except in the manner prescribed in this act. Sec. 76. Nothing in this act shall be so construed as to prohibit any person, upon written permit of the fish and game commissioners of the state, from taking or killing any species of bird, fowl, or animals, or collecting the nest and eggs thereof, for strictly scientific purposes, or for propagation, the number of birds or animals to be limited by said commissioners; provided further, that nothing in this act shall prevent shipping into any other county or state, under a written permit issued by the commissioners, any bird or an animals for scientific purposes or for propagation. |
Possession of game limited
American eagle protected
Certain birds protected
Night hunting prohibited
Unlawful to hunt with hounds
Unlawful to sell game
Game not to be shipped out of state
May take game for scientific purposes |
κ1929 Statutes of Nevada, Page 318 (CHAPTER 178, SB 69)κ
|
Fur-bearing animals protected; open season
Manner of taking animals
Beaver protected until 1934; exception
Formation of state game sanctuaries |
shall prevent shipping into any other county or state, under a written permit issued by the commissioners, any bird or an animals for scientific purposes or for propagation. Sec. 77. It shall be unlawful for any person to hunt, trap, or attempt to trap, any fur-bearing animals protected by the provisions of this act, except between the fifteenth day of November and the fifteenth day of March, both dates included, of each and every year; provided, that such fur-bearing animal or animals injuring any property may be taken or killed at any time in any manner. Sec. 78. It shall be unlawful for any person to at any time hunt any fur-bearing animal in any manner other than by trap or gun, or to at any time molest or destroy, or attempt to molest or destroy, any muskrat nest. Sec. 79. It shall be unlawful for any person to hunt any beaver in the state on or before the first day of January, 1934; provided, that when beaver are doing actual damage to farms or other property in any county, the board of fish and game commissioners may, upon the filing of a verified application, authorize the trapping of such beaver; but the furs of such animals shall be taken in as good condition as possible and must be delivered forthwith to said board, to be sold by said commissioners, and the proceeds of said sale must be deposited in the state fish and game preservation fund, and the commissioners shall, and are hereby authorized, to recompense, out of such fish and game preservation fund, for the trapping of said beaver, not more than fifty per cent of the proceeds from the sale of said beaver furs. It shall be unlawful for any person to have in his possession any hide or fur from said animals unless the same has been lawfully taken and is lawfully in the possession of the holder thereof. Sec. 80. Any person, firm or corporation, owning and in possession of patented lands in the State of Nevada, embracing an area of not less than one hundred and sixty acres, may transfer, by an instrument in writing duly acknowledged before an officer authorized under the laws of this state to take acknowledgments, to the State of Nevada the right to preserve and protect all wild game on the land prescribed therein for a period of not less than four years. Such instrument shall be filed with the state board of fish and game commissioners, whereupon such board may in its discretion declare the lands described in such instrument a state game sanctuary, and thereafter for a period named therein shall, for all the purposes relating to the preservation and protection of wild game, be under the control of said board. Such sanctuary shall be numbered in the order of the filing of the instrument of transfer thereof. A copy of the declaration establishing the same shall, under the seal of said board, be issued to such person, firm or corporation transferring the right therefor. |
κ1929 Statutes of Nevada, Page 319 (CHAPTER 178, SB 69)κ
|
of said board, be issued to such person, firm or corporation transferring the right therefor. During the period named in such instrument it shall be unlawful for any person to hunt any wild game within the exterior boundaries thereof. No one sanctuary as herein provided for shall embrace an area of more than three square miles; and the exterior boundary lines of each sanctuary established as provided herein shall be at least one mile distant from any boundary of any other sanctuary. The fish and game commissioners shall cause to be prepared suitable notices to be posted under their direction on each state game sanctuary and such notice shall describe the lands constituting the same, and shall contain a warning to all persons to refrain for the period named therein from violations of the provisions of this section; provided, however, that no provision in this section contained shall be construed as prohibiting or preventing any person from taking fish thereon as otherwise provided by law. All state game sanctuaries established under the provisions of this section shall for all purposes of preservation and protection of wild game thereon be under the control of the state board of fish and game commissioners, and the said board, its officers and employees, and all game wardens may at all times enter in and upon such sanctuaries in the performance of their duties. The said board may establish such regulations as may, in its judgment, be necessary for the preservation and protection of the wild game of such sanctuaries, and for that purpose may direct and authorize game wardens or other officers to execute such regulations. All expenses incurred in carrying out the provisions of this section and the regulations that may be established thereunder shall be a charge against and paid out of the state fish and game preservation fund established by this act; and the hunting of any wild game within the exterior boundaries of any state game sanctuary established under the provisions of this section is hereby declared a misdemeanor. And said board may acquire title, by lease, purchase, gift or proclamation, such land as said board may deem suitable for sanctuaries, public shooting grounds or recreation areas. Sec. 81. The governor of the state shall select, designate and set aside by proclamation suitable areas described by metes and bounds of the public domain of Nevada, not exceeding twenty-five in number, such areas to be known as state recreation grounds and game refuges or public shooting grounds. Sec. 82. From and after the publication of a proclamation by the governor selecting, designating and setting aside any state recreation grounds and game refuges, it shall be unlawful for any person to hunt any wild fowl or wild game, and insectivorous, plume or song bird, or to take, injure or remove from any nest of any bird any egg or eggs, or to hunt any game animals in, over, or upon such designated areas. |
Formation of state game sanctuaries
Governor to set aside game refuges
All hunting prohibited |
κ1929 Statutes of Nevada, Page 320 (CHAPTER 178, SB 69)κ
|
Fish and game commission to supervise sanctuaries
Salaries of wardens paid by counties
May accept transportation
Elk protected at all times May import for breeding purposes
Establishment of private breeding grounds |
remove from any nest of any bird any egg or eggs, or to hunt any game animals in, over, or upon such designated areas. Sec. 83. The state fish and game commissioners are hereby made the administrative body for state recreational grounds and game refuges and shall establish and put into effect a practicable method of propagating wild fowl, game birds and game animals within the State of Nevada, to the end that such wild fowl, game birds and game animals may be used in stocking the state recreation grounds and game refuges. The said commissioners are empowered to make such expenditures out of any appropriation created therefor as it may deem necessary in improving such recreation grounds and refuges and in caring for such wild fowl, game birds and game animals, and such other and further expenditures out of any appropriation created therefor as they may deem necessary in carrying out the provisions of this act. Sec. 84. The salaries and expenses of every fish and game warden, or deputies, appointed under the provisions of this act shall be paid out of the general fund of the county in which he or they are appointed to serve, such salaries to be paid in equal monthly installments as the salaries of other county officers are paid. Sec. 85. Each and every fish and game warden may accept transportation on any of the railroads operating in this state. Sec. 86. It shall be unlawful for any person to hunt any elk within this state, or to have in his, her or their possession any elk; hide, or meat of any elk. Sec. 87. Nothing in this act shall be so construed as to prohibit the importation of elk into this state for breeding purposes or for the purpose of colonization under the regulation of the fish and game commissioners. Sec. 88. Any person may establish a private breeding ground for the propagation, culture, and maintenance of any fur-bearing or food animal or any game fowl, and any person lawfully conducting any such private breeding grounds and engaged in the propagation culture, and maintenance of such animals or fowl may take them in his own inclosed grounds wherein the same are so cultivated and maintained, at any time, and for the purpose herein mentioned, and none other. The products of such breeding grounds may be sold at any time of the year by such breeders or their then vendees, after having first complied with all the following terms and conditions: The owner or proprietor of any private breeding grounds before he shall be entitled to the benefits of this section, shall make application to the fish and game commissioners setting forth the place and location of such breeding grounds for approval, and upon the approval of same by said commission, and a payment of twenty-five ($25) dollars to the state treasurer for an annual license fee, and the treasurer shall issue a receipt with the license number thereon; said fee shall be placed to the credit of the fish and game preservation fund; and said breeding grounds shall be deemed duly licensed. |
κ1929 Statutes of Nevada, Page 321 (CHAPTER 178, SB 69)κ
|
for approval, and upon the approval of same by said commission, and a payment of twenty-five ($25) dollars to the state treasurer for an annual license fee, and the treasurer shall issue a receipt with the license number thereon; said fee shall be placed to the credit of the fish and game preservation fund; and said breeding grounds shall be deemed duly licensed. When the proprietor of any licensed breeding grounds shall sell or dispose of any animals or fowl as herein provided, he shall at the same time deliver to the purchaser or donee or attach thereto an invoice signed by the proprietor or his agent, stating the number of his license, and the name of such breeding grounds, the date of disposition, the kind and number of such animals or fowl, the name and address of the purchaser, consignee, or donee. Such invoice shall authorize transportation and use after this date. Such proprietor or his agent shall at the same time mail, postpaid, or otherwise deliver, a duplicate of such invoice to the fish and game commissioners, at Reno, Nevada; provided, that no invoice shall be required in case of animals or fowl lawfully taken or killed in such private breeding grounds during the open season therefor, and within the quantity provided by law while in the possession of the person killing the same, during the open season and for five days thereafter. When any such animals or fowl for which an invoice is required to be shipped by rail, express, or other carrier, public or private, the invoice shall be securely attached thereto, or to the package containing the same in plain sight, and the same may then be lawfully carried and delivered within this state to the consignee named in such invoice. If such animals or fowl are held, exposed, or offered for sale, or sold by the consignee, or kept in any hotel, restaurant, cafe, or boarding house, such invoice shall be kept attached thereto as aforesaid until the same shall have been prepared for consumption, or, in case of furs, until they have been made into a manufactured article. In case of a sale or disposal of a part of such animal or fowl. the vendor shall at the same time make a copy of such invoice and indorse thereon the date of sale, the number and kind of animals or fowl disposed of, and the name of the purchaser, and sign and deliver the same to the purchaser, or donee, who shall keep it attached as aforesaid until the animals or fowl are prepared for consumption, or, in case of furs, made into a manufactured article, and the same shall have the same force and effect as the original invoice. Any willful misstatement or any omission of a substantial requirement from any invoice or copy thereof shall render the same void and be deemed a violation of this section, and the possession of such animals or fowl shall be unlawful, and the possession of any such animals or fowl without such invoice or a copy thereof attached thereto, when so as above required, shall be unlawful. |
Annual license fee
General provisions governing sale of animals or fowls |
κ1929 Statutes of Nevada, Page 322 (CHAPTER 178, SB 69)κ
|
Commission may require report
Penalty for violation
Printing to be done by state printer
Must procure duplicate license tag to hunt deer
Form of duplicate tag
Owner of tag granted certain privileges |
thereof attached thereto, when so as above required, shall be unlawful. The proprietor of every private breeding grounds licensed under this section shall, whenever required by the fish and game commissioners, make and send to the said commission at Reno, Nevada, a report showing, as near as practicable, the kind and number of the animals or fowl added and disposed of during the year preceding and on hand at the date of the invoice. Nothing in this section shall be so construed so as to permit the trapping, killing, or offering for sale of any beaver or otter, or the furs therefrom; and no person shall be allowed to collect a bounty on any noxious animal which he may maintain under the provisions of this section. Sec. 89. Any person or persons, or the agent of any corporation or company, violating any of the provisions of the foregoing section shall be deemed guilty of a misdemeanor. Sec. 90. The state printer is hereby authorized and directed to furnish all printing required for the state board of fish and game commissioners under the provisions of this act. Sec. 91. Every person in the State of Nevada who hunts any deer without first procuring a duplicate license tag therefor as provided in this section shall be deemed guilty of a misdemeanor. (a) Duplicate license tags granting the privilege to hunt deer shall be issued and delivered by the fish and game commissioners, or their agents, to any person holding a hunting license for the current license year, upon application by such person in the form herein provided and upon the payment of one dollar by such applicant. Said license shall be prepared by the fish and game commissioners, of suitable size in the form of a duplicate tag, and have printed or stamped thereon the words Deer Hunting License Tag No. , State of Nevada; expires December 31, 19 ., to accompany Hunting License No. ., with said tag number and appropriate year written or printed thereon, together with the other matters and things provided in paragraph (b) hereof; and said fish and game commissioners shall account to the state controller each month for all tags sold and on hand from October to December, inclusive, of each year. (b) All duplicate license tags issued as herein provided shall be valid authority for the person to whom issued to hunt, pursue and kill deer during the open season therefor and in such numbers as may be allowed by law. Such duplicate license tag, or tags, shall continue in force until the licensee shall have killed the number of deer allowed by law to be killed in the open season therefor by any one person of this state; provided, such duplicate tags shall be void from and after the date of expiration written or printed thereon. Such licensee shall carry said duplicate license tag at any and all times while hunting deer, and upon killing of any deer said licensee shall immediately write the place, date and time of day of such killing and sign his name on said license tag and attach the original of said license tag to the horns of such deer, and keep the same attached thereto during the open season and for a period of ten days next succeeding the close of the open season; and shall write the place, date and time of day of such killing and sign his name and address on the duplicate of said license tag and mail the same immediately to the fish and game commissioners; and shall exhibit upon demand any deer or parts thereof that may be in his possession, or any duplicate license tag or tags obtained as herein provided, to any officer authorized to enforce the fish and game laws of the state, or any peace officer of this state. |
κ1929 Statutes of Nevada, Page 323 (CHAPTER 178, SB 69)κ
|
at any and all times while hunting deer, and upon killing of any deer said licensee shall immediately write the place, date and time of day of such killing and sign his name on said license tag and attach the original of said license tag to the horns of such deer, and keep the same attached thereto during the open season and for a period of ten days next succeeding the close of the open season; and shall write the place, date and time of day of such killing and sign his name and address on the duplicate of said license tag and mail the same immediately to the fish and game commissioners; and shall exhibit upon demand any deer or parts thereof that may be in his possession, or any duplicate license tag or tags obtained as herein provided, to any officer authorized to enforce the fish and game laws of the state, or any peace officer of this state. (c) Every person applying for and securing a license tag or tags as herein provided shall exhibit his hunting license, and furnish to the fish and game commissioners, or agent appointed by the fish and game commissioners, his name, resident address, together with a written description of himself by age, weight, nationality and color of eyes and hair, and said application shall set forth the date of issuance and the number of the license tag or tags issued to such person, and the number of his hunting license. The person issuing any license tag or tags as herein provided shall write his name thereon, together with the place and date of issuance, and shall write the number of such duplicate license tag or tags so issued on the hunting license of the applicant. (d) Any one person holding a hunting license for the current license year shall be entitled upon compliance with the provisions of this section to receive only one duplicate tag for each deer allowed to be killed in the open season under the laws of this state, except upon affidavit by the applicant that a duplicate tag so issued has been lost or destroyed and then only upon payment of the original fee; provided, that no duplicate license tag or tags issued as herein provided shall be mutilated, defaced, changed or altered for the purpose of evading the provisions of this section, or transferred to another person, or used by any person other than the one to whom it was issued. (e) Every person who makes any false statement as to any of the facts required by this section for the purpose of obtaining a duplicate license tag or tags, and every person violating any of the provisions of this section shall be guilty of a misdemeanor; and shall forfeit such duplicate license tag or tags as may have been obtained, and no new license tag or tags shall be issued to such person for the remainder of the license year. (f) Any person legally killing a deer in this state and under the tagging system provided herein may transport said deer into any closed district, or into any other state; provided, he shall before transporting such deer, have the tag herein provided for countersigned by a regular salaried officer of the fish and game commissioners or deputy thereof, or by an officer authorized to administer oaths, and if such officer has an official seal such tag shall, in addition, bear the imprint of such seal. |
Duty of licensee upon killing deer
Procedure to secure license tag
Owner of hunting license entitled to duplicate tag or tags
False statement misdemeanor |
κ1929 Statutes of Nevada, Page 324 (CHAPTER 178, SB 69)κ
|
Disposition of deer legally killed
Fees paid into state treasury
Possession prima-facie evidence of violation of law
Proviso
Public schools to cooperate
Each section of act independent and separate
Penalties for violation of provisions of act |
said deer into any closed district, or into any other state; provided, he shall before transporting such deer, have the tag herein provided for countersigned by a regular salaried officer of the fish and game commissioners or deputy thereof, or by an officer authorized to administer oaths, and if such officer has an official seal such tag shall, in addition, bear the imprint of such seal. (g) All moneys collected from the sale of license tags, as provided herein, shall be paid into the state treasury to the credit of the fish and game preservation fund. Sec. 92. It shall be unlawful for any person to have in his or her control any game bird, game animal or game fish or any part thereof, the killing of which is at any time prohibited, during the time when such killing is prohibited, and the possession of same shall be prima-facie evidence that it was the property of the state at the time it was caught, taken or killed in this state when the killing was unlawful and that such taking or killing occurred in the closed season; provided, that any person lawfully in the possession of any game bird, game animals, or game fish, or any part thereof, may have not to exceed sixty days after the beginning of the closed season in which to consume the same; and provided further, any person lawfully taking any deer in another state may bring the same into this state, in person, during the closed season in this state. Sec. 93. It shall be the duty of all game wardens and their deputies to cooperate with the public school officers and teachers in this state in the matter of instruction in these fish and game laws. Sec. 94. If in connection with any prosecution for violation of any of the provisions of this act or in any other way any section of this act shall be hereafter adjudged unconstitutional, inoperative, or invalid, and without force or effect, in such case the unconstitutionality, invalidity or inefficiency of such section shall not extend to any other section or sections of this act which are not so adjudged unconstitutional, inoperative, or invalid, nor to the constitutionality of this act. Every person who shall violate any of the provisions of this act; and Every person charged with the performance of any act, or duty, under the provisions of this act, who shall willfully fail, refuse or neglect to perform any such act or duty at the time and in the manner by this act directed; and Every person required to do or perform any act as a condition precedent to the privileges of this act, who shall willfully fail, refuse, or neglect to do or perform any such act; and Every person doing any act or thing in this act prohibited, or declared to be unlawful; and |
κ1929 Statutes of Nevada, Page 325 (CHAPTER 178, SB 69)κ
|
Every person who shall obstruct, hinder, delay, or otherwise interfere with any officer or employee of or acting under the direction of the fish and game commissioners in the performance of any duty while enforcing, or attempting to enforce, any of the provisions of this act; and Every person who shall violate, or fail to observe, any order, ordinance, rule or regulation, enacted, made or provided by the state board of fish and game commissioners of this state under the provisions of this act; and Every person who, having been granted, licensed or permitted to do any act or thing under the provisions of this act, who shall exercise such grant, license, or permit in any manner other than as specified in such grant, license or permit; and Every person who shall do any act or thing, or attempt to do any act or thing, in this act declared to be unlawful, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), or by imprisonment in the county jail for period of not less than twenty-five days nor more than six months, or by both such fine and imprisonment. Sec. 95. That certain act of the legislature of the State of Nevada entitled An act regulating private fish hatcheries in the State of Nevada, and providing penalties for violation hereof, approved March 24, 1917, and all acts amendatory thereof or supplementary thereto, are hereby repealed. Sec. 96. That certain act of the legislature of the State of Nevada entitled An act to provide or the protection and preservation of fish and game, providing penalties for the violation thereof, and repealing all acts or parts of acts in conflict herewith, approved March 27, 1917, as amended March 23, 1921, as amended March 24, 1925, and as amended March 23, 1927, and all acts amendatory thereof or supplemental thereto, are hereby repealed. Sec. 97. That certain act of the legislature of the State of Nevada 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, as amended March 21, 1925, as amended February 8, 1927, and as amended March 15, 1927, and all acts amendatory thereof or supplemental thereto, are hereby repealed. Sec. 98. That certain act of the legislature of the State of Nevada entitled An act to provide for the protection and preservation of fur-bearing animals, providing penalties for the violation thereof, and repealing all acts or parts of acts in conflict therewith, approved March 21, 1923, as amended February 5, 1925, and all acts amendatory thereof or supplemental thereto, are hereby repealed. |
Penalties for violation of provisions of act
Prior acts repealed |
κ1929 Statutes of Nevada, Page 326 (CHAPTER 178, SB 69)κ
|
Prior acts repealed |
Sec. 99. That certain act of the legislature of the State of Nevada entitled An act authorizing the governor to set aside certain areas of the public domain of the State of Nevada, to be known as state recreation grounds and game refuges; providing for the protection and preservation of game therein, and prescribing a penalty for the violation thereof; making an appropriation therefor, and requiring that the fish and game commission provide a method for the stocking of the state recreation grounds and game refuges, approved March 5, 1923, and all acts amendatory thereof or supplemental thereto, are hereby repealed. Sec. 100. That certain act of the legislature of the State of Nevada entitled An act to provide a board of fish and game commissioners, defining their power and duties; providing for the appointment of fish and game wardens and prescribing their powers and duties, providing for the payment of their salaries and expenses, and repealing all acts in conflict herewith, approved March 28, 1921, and all acts amendatory thereof or supplemental thereto, are hereby repealed. Sec. 101. That certain act of the legislature of the State of Nevada entitled An act for the protection of elk within the State of Nevada, approved March 24, 1917, and all acts amendatory thereof or supplementary thereto, are hereby repealed. Sec. 102. That certain act of the legislature of the State of Nevada entitled An act to provide for the preservation and propagation of fish in the streams of the state, approved March 21, 1925, and all acts amendatory thereof or supplementary thereto, are hereby repealed. Sec. 103. That certain act of the legislature of the State of Nevada entitled An act to amend section 108 of an act entitled An act concerning public schools, and repealing certain acts in relation thereto; approved March 20, 1911, as approved February 25, 1925, and all acts amendatory thereof or supplementary thereto, are hereby repealed. Sec. 104. That certain act of the legislature of the State of Nevada entitled An act to provide for the acquisition, construction, establishment and maintenance of a state fish hatchery, and to appropriate money therefor, approved February 5, 1909, and all acts amendatory thereof or supplemental thereto are hereby repealed. Sec. 105. That certain act of the legislature of the State of Nevada entitled An act providing for the establishment of private breeding grounds for the propagation, culture, and maintenance of fur-bearing and food animals and game fowl, for their regulation and licensing, and for the sale, shipment, transportation and disposition of such animals and fowl raised, and prescribing a penalty for the violation of the provisions thereof, approved March 25, 1915, and all acts amendatory thereof or supplemental thereto are hereby repealed. |
κ1929 Statutes of Nevada, Page 327 (CHAPTER 178, SB 69)κ
|
of the provisions thereof, approved March 25, 1915, and all acts amendatory thereof or supplemental thereto are hereby repealed. Sec. 106. Any and all other acts or parts of acts, not hereinbefore specified, which are in conflict with any of the provisions of this act, are hereby repealed. Sec. 107. This act shall be in full force and effect from and after its passage and approval. |
Prior acts repealed
In effect |
________
|
[Assembly Bill No. 169Mr. Swallow]
Chap. 179An Act to amend section 3 of an act entitled An act allowing the payment of taxes in equal semi-annual installments and regulating the collection of taxes on personal property, approved March 16, 1897, as amended.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-entitled act is hereby amended to read as follows: Section 3. It is hereby made a specific duty of all county assessors, at the time of assessing personal property, to collect the entire amount of tax on such personal property, unless the owner thereof shall be the owner of real estate, situate within his county, sufficient, in the judgment of the county assessor, to amply secure the payment of the entire tax on both such real estate and personal property should a lien attach thereto by reason of such taxes becoming delinquent; provided, should such assessment be made at any time between the first day of January and the date on which the tax is levied by the board of county commissioners for any year, such collection shall be made by the assessor on the regular tax levy for the preceding year. The county assessor shall immediately turn into the county treasurer the full amount of any such collection. The county treasurer shall apportion the tax as other taxes are apportioned; provided, if the levy for the then current year shall be less than for the preceding year, no refund shall be made to any party in interest. |
Duties of assessor in collection of personal property tax |
________
κ1929 Statutes of Nevada, Page 328κ
|
Certain surplus moneys to be used
In effect |
[Assembly Bill No. 224Mr. Mulcahy]
Chap. 180An Act authorizing the board of county commissioners of Washoe County, Nevada, to use the surplus moneys of certain funds of Washoe County, Nevada, for county library purposes.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Washoe County, Nevada, are hereby authorized to use and expend the surplus moneys in any of the county funds of Washoe County, Nevada, for county library purposes; provided, however, this shall not apply to the general county fund or any school funds. Sec. 2. This act shall be in full force and effect upon its passage and approval. |
________
|
Powers and duties of city council of Reno |
[Assembly Bill No. 148Washoe County Delegation]
Chap. 181An Act to amend section 10 of article XII of an act entitled An Act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, as amended by an act approved March 5, 1923.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10 of article XII of the above-entitled act is hereby amended so as to read as follows: Section 10. The city council, among other things, shall have power: First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualifications and election of its own members. Second-To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution of the United States, or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all the powers vested in said city and for making effective the provisions of this charter, and to cause to be compiled from time to time, not to exceed once in every two years, the charter and its amendments, and the ordinances of the city of Reno in book or pamphlet form, of which not less than two hundred (200) copies shall be issued for general distribution within said city, at a reasonable price, in which said compilation the ordinances of the said city once passed and published or posted as provided in section 7 of this article may be repealed, revised, amended, and validated without further publication. |
κ1929 Statutes of Nevada, Page 329 (CHAPTER 181, AB 148)κ
|
charter and its amendments, and the ordinances of the city of Reno in book or pamphlet form, of which not less than two hundred (200) copies shall be issued for general distribution within said city, at a reasonable price, in which said compilation the ordinances of the said city once passed and published or posted as provided in section 7 of this article may be repealed, revised, amended, and validated without further publication. Third-To levy and collect annually a tax of not to exceed fifty cents per hundred dollars valuation upon the assessed value of all real and personal property within the city, which is by law taxable for state and county purposes, to provide a fund for the payment of the interest on the bonds of the city outstanding, and that may be lawfully issued and sold hereafter, and to provide a fund for the payment of the principal of such bonds, and for the redemption thereof as they shall mature, and for no other purposes; and in addition thereto to levy and collect annually for all other purposes a tax of not to exceed one dollar per hundred dollars valuation upon the assessed value of all real and personal property within the city and which is by law taxable for state and county purposes; provided, that all moneys now held in any special fund not herein provided for may be transferred to the general fund of the city; provided further, that the total amount levied annually for all tax purposes within the city shall not exceed one dollar fifty cents per hundred dollars valuation of the assessed value of all the real and personal property within the city which is by law taxable for state and county purposes. Fourth-To sell, use, lease, improve, hold and take care of the real estate and personal property of the city; provided, the city council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose. |
Powers and duties of city council of Reno |
________
κ1929 Statutes of Nevada, Page 330κ
|
Sale of prison farm authorized
Board to advertise for bids
Prison board may select and purchase new site for farming purposes
In effect |
[Senate Bill No. 159Senator Fairchild]
Chap. 182An Act authorizing the board of state prison commissioners to sell the tract of land known as the state prison farm, and authorizing the prison commissioners to purchase a new site or tract for use as the state prison farm.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of state prison commissioners of the State of Nevada are hereby authorized and empowered to sell, in the manner now provided by law for selling state property, that certain real estate and improvements situated in the county of Ormsby, State of Nevada, commonly known as and called the Nevada prison farm. Sec. 2. Upon the passage and approval of this act the board of state prison commissioners may advertise for bids for the property designated in section 1, and upon receipt of bids therefor shall duly consider the same and may reject any bid. Sec. 3. Upon the consummation of any sale hereby provided for the said board shall deposit all sums received for said property in the general fund of the state. Upon the consummation of said sale and the depositing of the purchase price of the lands described herein in the general fund of the state, the prison board is hereby authorized to negotiate for and purchase on behalf of the State of Nevada a suitable site or tract of land for farming purposes, which must be located in close proximity to the state prison. Said land so purchased shall be adaptable to cultivation and, in addition to said land, the prison board shall purchase water and water rights for due and proper irrigation thereof. For the purpose of paying the purchase price on said land an amount not to exceed the amount obtained from the sale of the land hereby authorized, and in no event to exceed the sum of thirty thousand dollars, is hereby appropriated from the general fund. Sec. 4. This act shall take effect from and after its passage and approval. |
κ1929 Statutes of Nevada, Page 331κ
|
[Assembly Bill No. 110Mr. Miller]
Chap. 183An Act to repeal section 2 of an act entitled An act to segregate and to consolidate certain offices in Ormsby County, Carson township, and Carson City, State of Nevada, fixing certain salaries, and other matters relating thereto, approved March 28, 1919, as amended March 18, 1921.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of an act entitled An act to segregate and to consolidate certain offices in Ormsby County, Carson township, and Carson City, State of Nevada, fixing certain salaries and other matters relating thereto, approved March 28, 1919, as amended, is hereby repealed. Sec. 2. This act shall take effect immediately from and after its passage and approval. |
Act repealed
In effect |
________
|
[Senate Bill No. 173Senator Friedhoff]
Chap. 184An Act to repeal an act entitled An act directing the mayor and city council of incorporated cities of this state to erect sewage disposal plants, to levy a tax and provide a fund for the construction of the same; providing a penalty for the failure of such city officers to comply with the provisions of this act; authorizing the removal of such officials from office by procedure in the district court; and other matters relating thereto, approved March 17, 1927.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act directing the mayor and city council of incorporated cities of this state to erect sewage disposal plants, to levy a tax and provide a fund for the construction of the same; providing a penalty for the failure of such city officers to comply with the provisions of this act; authorizing the removal of such officials from office by procedure in the district court; and other matters relating thereto, approved March 17, 1927, is hereby repealed. |
Act repealed |
________
κ1929 Statutes of Nevada, Page 332κ
|
Salary of sheriff of Ormsby County
Assessor ex officio constable and city assessor
Salary of assessor |
[Assembly Bill No. 111Mr. Miller]
Chap. 185An Act to amend sections 3, 4, and 5 of an act entitled An act to segregate and to consolidate certain offices in Ormsby County, Carson township, and Carson City, State of Nevada, fixing certain salaries, and other matters relating thereto, approved March 28, 1919, as amended March 18, 1921.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of an act entitled An act to segregate and to consolidate certain offices in Ormsby County, Carson township, and Carson City, State of Nevada, fixing certain salaries and other matters relating thereto, approved March 28, 1919, as amended, is hereby amended to read as follows: Section 3. The sheriff of Ormsby County, State of Nevada, as sheriff, shall receive the sum of eighteen hundred dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for services as sheriff. All fees and commissions due and payable, charged or received by him as such officer; shall be by him paid into the general fund of Ormsby County. Sec. 2. Section 4 of an act entitled An act to segregate and to consolidate certain offices in Ormsby County, Carson township, and Carson City, State of Nevada, fixing certain salaries and other matters relating thereto, approved March 28, 1919 as amended, is hereby amended to read as follows: Section 4. The assessor of Ormsby County shall act as the assessor of the city of Carson and shall be ex officio the assessor of Carson City, Ormsby County, Nevada, and shall be ex officio constable of Carson township, Ormsby County, Nevada. Sec. 3. Section 5 of an act entitled An act to segregate and to consolidate certain offices in Ormsby County, Carson township, and Carson City, State of Nevada, fixing certain salaries and other matters relating thereto, approved March 28, 1919, as amended, is hereby amended to read as follows: Section 5. The assessor of Ormsby County, State of Nevada, as assessor of Ormsby County and ex officio assessor of Carson City and ex officio constable of Carson township, Ormsby County, Nevada, shall receive the sum of sixteen hundred twenty dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County, Nevada, and shall be paid and received in full compensation and payment for all services rendered as assessor of Ormsby County, as ex officio assessor of Carson City, and as ex officio constable of Carson township, Ormsby County, State of Nevada. |
κ1929 Statutes of Nevada, Page 333 (CHAPTER 185, AB 111)κ
|
Nevada, and shall be paid and received in full compensation and payment for all services rendered as assessor of Ormsby County, as ex officio assessor of Carson City, and as ex officio constable of Carson township, Ormsby County, State of Nevada. No fees, commissions, or other charges shall be retained by said officer, but said commissions and fees shall be paid by him over to the county or city according to the position in which same are received. Sec. 4. This act shall take effect immediately from and after its passage and approval. |
In effect |
________
|
[Senate Bill No. 112Senator Getchell]
Chap. 186An Act to require certificates of title for registered motor vehicles; to facilitate the recovery of stolen or unlawfully taken motor vehicles, trailers or semitrailers; to prescribe the powers and duties of the motor vehicle department; to impose penalties for violations of this act, and to make uniform the law relating to the subject matter of this act.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following words and phrases when used in this act shall, for the purpose of this act, have the meanings respectively ascribed to them in this section except in those instances where the context clearly indicates a different meaning: Vehicle, every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. Motor Vehicle, every vehicle as herein defined which is self-propelled. Used Vehicle, every motor vehicle which has been sold, bargained, exchanged, given away or title transferred from the person who first acquired it from the manufacturer or importer, and so used as to have become what is commonly known as secondhand within the ordinary meaning thereof. Person, every natural person, firm copartnership, association or corporation. Owner, a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right to purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessor or mortgagor shall be deemed the owner for the purpose of this act. |
Words and phrases defined |
κ1929 Statutes of Nevada, Page 334 (CHAPTER 186, SB 112)κ
|
Words and phrases defined
Certain vehicles exempt
Official certificate of title requisite for registration
Unlawful to operate vehicle without certificate of title after certain date |
to possession, then such conditional vendee or lessor or mortgagor shall be deemed the owner for the purpose of this act. Manufacturer, every person engaged in the business of manufacturing motor vehicles. Dealer, every person engaged in the business of buying, selling or exchanging motor vehicles. State, a state, territory, organized or unorganized, or district of the United States of America. Department, the Nevada motor vehicle department of the office of secretary of state. Sec. 2. The provisions of this act shall apply to every motor vehicle required to be registered with the department under the laws of this state except any said vehicles owned by the federal government or by this state or any political subdivision thereof or any state institution or municipality in this state and excepting also any traction engine, road roller or any motorcycle operated by a police officer in the performance of his duty as such officer. Sec. 3. (a) The department shall not, after November 30, 1929, register or renew the registration of any motor vehicle unless and until the owner shall have made application for and have been granted an official certificate of title as provided for in this act, or present satisfactory evidence that a certificate of title has been previously issued to such owner by the department; and no registration shall be issued by the assessor of any county in this state unless and until the owner thereof shall have first procured from the department a certificate of title as hereinafter set forth; provided, that whenever a new motor vehicle is purchased from a dealer licensed by the department the application for a certificate of title shall be made in triplicate upon the appropriate form furnished by the department, the original to be forwarded without delay to the department, accompanied with the proper fee, the duplicate to be affixed to the windshield and which will authorize the operation of said vehicle for a period not to exceed thirty days, and the triplicate to be retained by the dealer as a permanent record. This application shall also include a statement of transfer by the dealer and any lien by such dealer. (b) The owner of a motor vehicle registered in this state shall not, after the third Monday in January, 1930, operate or permit the operation of any such vehicle upon any highway without first obtaining a certificate of title therefor from the department, except as herein otherwise provided, nor shall any person operate any such vehicle upon the highways knowing or having reason to believe that the owner has failed to obtain a certificate of title therefor, and any person violating this subsection shall be guilty of a misdemeanor and punished by a fine of not less than twenty-five nor more than fifty dollars. Upon a second conviction such license may be revoked by the department if after hearing the department determines that the owner has willfully violated the law with reference to the operation of motor vehicles upon the public highway without having first obtained a certificate of title to said motor vehicle. |
κ1929 Statutes of Nevada, Page 335 (CHAPTER 186, SB 112)κ
|
the department determines that the owner has willfully violated the law with reference to the operation of motor vehicles upon the public highway without having first obtained a certificate of title to said motor vehicle. Sec. 4. (a) The application for a certificate of title shall be made upon the appropriate form furnished or approved by the department and shall contain a full description of the motor vehicle, including the name of the maker, the engine and serial numbers and any distinguishing marks thereon and whether the vehicle is new or used, together with a statement of the applicants title and of any liens or encumbrances upon said vehicle and the name and address of the person to whom the certificate of title shall be delivered and such other information as the department may require, and every application shall be accompanied by a fee of one dollar. (b) The owner shall verify every application for a certificate of title before a person authorized to administer oaths, and officers and employees of the department are hereby authorized to administer oaths and it is their duty to do so without fee for the purpose of this act. Sec. 5. (a) The department shall maintain an engine and serial number index of registered motor vehicles and upon receiving an application for a certificate of title shall first check the engine and serial number shown in the application against said index and against the stolen and recovered vehicle index, required to be maintained by section 12 of this act. The department, when satisfied that the applicant is the owner of the vehicle, shall thereupon in the name of the owner issue a certificate of title bearing a serial number and signature of the director and the seal of his office and setting forth the date issued and a description of the vehicle as determined by the department, together with a statement of the owners title and of all liens or encumbrances upon the vehicle therein described and whether possession is held by the owner under a lease, contract or conditional sale, or other like agreement. The certificate of title shall also contain, upon the reverse side, forms for assignment of title or interest and warranty thereof by the owner, with space for notation of liens and encumbrances upon such vehicle at the time of a transfer. The department shall deliver the certificate of title to the person designated for that purpose in the application. (b) Said certificate shall be good for the life of the vehicle so long as the same is owned or held by the original holder of such certificate. Sec. 6. (a) The owner of a motor vehicle for which a certificate of title is required hereunder shall not; after November 30, 1929, sell or transfer his interest or title in or to such vehicle unless he shall have obtained a certificate of title thereto nor unless, having procured a certificate of title, he shall in every respect comply with the requirements of this section, and any person who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than ten days, or by both such fine and imprisonment. |
Application for certificate, how made
Application verified under oath
Engine and serial number index to be maintained
When certificate to issue
Life of certificate
Certificate necessary to sell or transfer interest in vehicle |
κ1929 Statutes of Nevada, Page 336 (CHAPTER 186, SB 112)κ
|
Procedure on sale of vehicle
Transferee to obtain new certificate
When transferee a dealer
New owner may obtain certificate
File to be maintained
Application blank mailed to motor vehicle owners |
title thereto nor unless, having procured a certificate of title, he shall in every respect comply with the requirements of this section, and any person who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than ten days, or by both such fine and imprisonment. (b) The owner who sells or transfers his title or interest in or to such motor vehicle after November 30, 1929, shall indorse an assignment and a warranty of title upon the certificate of title for such vehicle with a statement of all liens and encumbrances thereon, which statement shall be verified under oath by the owner, and the manner shall deliver the certificate of title to the purchaser or transferee at the time of delivering the vehicle. (c) The transferee, except as provided in the next succeeding paragraph, shall thereupon present such certificate indorsed and assigned as aforesaid to the department accompanied by a transfer fee of fifty cents, and make application for and obtain a new certificate of title for such vehicle. (d) When the transferee of a vehicle is a dealer who holds the same for resale and operates the same only for purpose of demonstration under dealers number plates, or when the transferee does not drive such vehicle nor permit such vehicle to be driven upon the highways, such transferee shall not be required to forward the certificate of title to the department, as provided in the preceding paragraph, but such transferee upon transferring his title or interest to another person shall execute and acknowledge an assignment and warranty of title upon the certificate of title and deliver the same to the person to whom such transfer is made. (e) When the ownership of any motor vehicle shall pass otherwise than by voluntary transfer, the new owner may obtain a certificate of title therefor from the department upon application therefor and payment of a fee of fifty cents, accompanied by such instruments or documents of authority, or certified copies thereof, as may be required by law to evidence or effect a transfer of title or interest in or to chattels in such case. The department, when satisfied of the genuineness and regularity of such transfer, shall issue a new certificate of title to the person entitled thereto. Sec. 7. (a) The department shall retain and appropriately file every surrendered certificate of title, such file to be so maintained as to permit the tracing of title of the vehicle designated therein. (b) Thirty days prior to December 1, 1929, the department shall have printed copies of this act and shall mail a copy thereof with blank form of application for a certificate of title to every owner of a registered motor vehicle in this state. |
κ1929 Statutes of Nevada, Page 337 (CHAPTER 186, SB 112)κ
|
Sec. 8. If the department shall determine that an applicant for certificate of title to a motor vehicle is not entitled thereto, it may refuse to issue such certificate or to register such vehicle, and in that event unless the department reverses its decision or its decision is reversed by a court of competent jurisdiction the applicant shall have no further right to apply for a certificate of title or registration on the statements in said application. The department may for a like reason after notice and hearing revoke registration already acquired or any outstanding certificate of title. Said notice shall be served in person or by registered mail, An appeal may be taken from any decision of the department as from the decision of a justice of the peace. Sec. 9. In the event of the loss of a certificate of title, the loss of which is accounted for to the satisfaction of the department, a duplicate or substitute may be issued, the charge therefor to be fifty cents. Sec. 10. It shall be unlawful for any person knowingly to make any false statement in any application or other document required by the terms of this act, and any person violating this provision shall upon conviction be punished by a fine of not less than fifty dollars nor more than one hundred dollars or by imprisonment not exceeding thirty days. Sec. 11. Any person who shall alter with fraudulent intent any certificate of title issued by the department or forge or counterfeit any certificate of title purporting to have been issued by the department under the provisions of this act, or who shall alter or falsify with fraudulent intent or forge any assignment thereof, or who shall hold or use any such certificate or assignment knowing the same to have been altered, forged or falsified, shall be guilty of a felony, and upon conviction thereof be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Sec. 12. (a) Every county sheriff and chief of police or peace officer of every jurisdiction, upon receiving information that a motor vehicle has been stolen or that a motor vehicle having been stolen has been recovered, shall immediately report such information upon the appropriate official form to the department. (b) The department shall file all such reports of stolen or recovered motor vehicles and appropriately index the same, and shall also file similar reports received from other states. The department shall furnish reports of stolen and recovered cars to every county sheriff and the police department in every municipality of over 1,000 population within this state at least once a month, and shall forward copies of such records to the motor vehicle department of each other state. |
Certificate may be refused, when
Duplicate certificate, when
Penalty for false statement
Felony to forge or counterfeit certificate
Officers to report theft of vehicle
Reports filed; furnished police officers |
κ1929 Statutes of Nevada, Page 338 (CHAPTER 186, SB 112)κ
|
New engine or serial number issued to replace one defaced
Duty of owner on receiving new number
Felony to deface or alter engine or serial number
Transfer or possession of stolen vehicle felony |
Sec. 13. (a) The owner of a motor vehicle, the engine or serial number of which has been altered, removed or defaced, may within thirty days from the date this act takes effect, make application in form prescribed by the department accompanied by a fee of two dollars for a special number. He shall furnish such information as will satisfy the department that he is the owner, whereupon the department shall assign a special number for the motor vehicle, preceded by a symbol indicating this state. A record of special numbers so assigned shall be maintained by the department. The owner shall stamp said number upon the engine or otherwise as directed by the department, and upon receipt by the department of a certificate by a peace officer that he has inspected and found said number stamped upon the motor vehicle as directed, in a workmanlike manner, together with application for a certificate of title, such special number shall be regarded as the engine or serial number of said motor vehicle. (b) Any person who with fraudulent intent shall deface, destroy or alter the engine or serial number of a motor vehicle or shall place or stamp other than the original engine or serial number upon a motor vehicle, or shall sell or offer for sale any motor vehicle bearing an altered or defaced engine or serial number or number other than the original or a number assigned as above provided, shall be guilty of a felony, and upon conviction shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months or by both such fine and imprisonment. This section is not intended to prohibit the restoration by the owner of an engine or serial number of a motor vehicle for which a certificate of title has been issued by this state, nor to prevent any manufacturer or importer, or agents thereof, other than a dealer, from placing or stamping in the ordinary course of business numbers on motor vehicles, or parts thereof, removed or changed and replacing the numbered parts. Sec. 14. Any person who, with intent to procure or pass title to a motor vehicle which he knows or has reason to believe has been stolen, shall receive or transfer possession of the same from or to another, or who shall have in his possession any motor vehicle which he knows or has reason to believe has been stolen and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a felony, and upon conviction shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months or by both such fine and imprisonment. Sec. 15. Ninety per cent of all the moneys collected under the provisions of this act shall be deposited in the state treasury to the credit of the state highway fund, and the remaining ten per cent shall be retained by the motor vehicle department for the expense of administering the provisions of this act. |
κ1929 Statutes of Nevada, Page 339 (CHAPTER 186, SB 112)κ
|
treasury to the credit of the state highway fund, and the remaining ten per cent shall be retained by the motor vehicle department for the expense of administering the provisions of this act. Sec. 16. 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. 17. This act may be cited as the Uniform Motor Vehicle Anti-Theft Act. Sec. 18. If any part or parts of this act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act. The legislature hereby declares that it would have passed the remaining parts of this act if it had been known that such part or parts thereof would be declared unconstitutional. Sec. 19. This act so far as the provisions requiring the procurement of a certificate of title for motor vehicles shall be effective on November 30, 1929; on all other provisions, July 1, 1929. |
Disposition of fees
Uniform act
Short title
Constitutionality of act
In effect |
________
|
[Senate Bill No. 80Senator Henderson]
Chap. 187An Act to amend an act entitled An act authorizing owners of land to lay out and plat such land into lots, streets, alleys and public places, and providing for the approval and filing of maps or plats thereof, approved March 13, 1905, as amended.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act is hereby amended so as to read as follows: Section 2. Whenever any lands are hereafter laid out and platted as mentioned in section 1, the owner or owners of the same or any trustee or trustees selected by such owner or owners, shall cause to be made out an accurate map or plat, particularly setting forth and describing: 1. All the parcels of ground so laid out and platted by their boundaries, course and extent, and their position with reference to monuments erected or constructed, not less than one to each four blocks, with definite and exact relation to the center lines of the streets of such plat or subdivision, and whether they are intended for avenues, streets, lanes, alleys, commons, or other public uses, together with such as may be reserved for public purposes, and every map or plat of ground so laid out shall, if it covers forty or more acres of land, show one block for every quarter-section of land in the parcel of ground so mapped or platted, and the block so designated upon the map shall be forever devoted and dedicated to the uses of the public school system of the district in which it is located; provided, that whenever any such dedicated lands shall become unsuitable, undesirable or impractical for any school uses or purposes, the school board of the particular district shall proceed to appraise such lands and offer the same for sale. |
Must cause accurate map to be made
What to set forth and describe |
κ1929 Statutes of Nevada, Page 340 (CHAPTER 187, SB 80)κ
|
Appraisement of lands
Additional description
In effect |
land, show one block for every quarter-section of land in the parcel of ground so mapped or platted, and the block so designated upon the map shall be forever devoted and dedicated to the uses of the public school system of the district in which it is located; provided, that whenever any such dedicated lands shall become unsuitable, undesirable or impractical for any school uses or purposes, the school board of the particular district shall proceed to appraise such lands and offer the same for sale. Said lands shall be appraised in the following manner: The governing body, in the county in which any such lands may be, shall appoint one appraiser, the assessor of the county shall appoint one appraiser, and the two so appointed shall select a third appraiser, and these three persons shall constitute a board of appraisers, who shall proceed to make a just and fair appraisal of such lands and report the same to the governing body of the county in which lands are situated. The said governing body shall thereupon proceed to sell said lands by giving notice, by posting in three public places in the district in which said lands are situated, for a period of ten days, inviting bids therefor. At the expiration of notice as provided herein said governing body shall sell said lands to the highest and best bidder; provided, that no bid shall be accepted for less than ninety per cent of the value thereof as set by said board of appraisers. 2. All blocks and lots, whether intended for sale or otherwise, by numbers or letters and their precise length and width. 3. By course and distance, the position of one or more of the monuments with reference to a known and established corner of the public-land survey. 4. Each monument or mark by which the location of the blocks, lots, streets, alleys, and public places have been fixed by survey upon the ground. Sec. 2. This act shall become effective upon its passage and approval. |
________
κ1929 Statutes of Nevada, Page 341κ
|
[Assembly Bill No. 240Committee on Ways and Means.]
Chap. 188An Act to amend an act entitled An act in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 23, 1917, as amended March 27, 1919, and as amended March 29, 1927.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act is hereby amended to read as follows: Section 4. Said commission shall keep its office at Carson City, and shall be in general session and open for the transaction of business the usual hours and days in which public offices are kept open. There shall annually be held at Carson City two regular sessions of said commission, namely, one beginning on the first Monday in May of each year at 10 oclock a. m., and continuing from day to day until the business is completed, at which valuations shall be established by said commission on the several kinds and classes of property mentioned in section 5 of this act; and one regular session shall be held annually beginning on the Monday two weeks after the state board of equalization shall commence its annual session as provided in section 6 of this act, or the first legal day thereafter, at the same hour, and continuing from day to day until the business is completed, at which said commission shall equalize property valuations in the state as provided in section 7 of this act, and assess all live stock on the valuation thereof established by the state board of equalization at its last preceding meeting. The publication in the statutes of the foregoing time, place, and purposes of such regular session shall be deemed sufficient notice thereof to all concerned, but said commission, if it so elects, may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise. All sessions shall be public and all parties shall have the right to appear, to be heard in person or by their agents or attorneys, or to submit evidence in documentary form. The publication once a week, for two consecutive weeks, of notice of a special session, in some newspaper of general circulation in the county in which such special session is to be held, five days personal service on, or registered mailed notice, to the person, firm, or corporation affected, stating the time, place, objects and purposes of such special session, shall be deemed sufficient notice thereof to all concerned. Special sessions may be held at such times and places and for such purposes as said commission may declare. |
Office of commission at Carson City
Sessions
Publications in statutes sufficient notice |
κ1929 Statutes of Nevada, Page 342 (CHAPTER 188, AB 240)κ
|
Commission to establish valuations on certain property |
such times and places and for such purposes as said commission may declare. Sec. 2. Section 5 of the above-entitled act is hereby amended so as to read as follows: Section 5. At the regular session of said commission held on the first Monday in May of each year, said commission shall establish the valuation on any property of an interstate or intercounty nature, and which shall in any event include: The property of all interstate or intercounty railroads, sleeping car, private car line, street railway, traction, telegraph, water, telephone, and electric-light and power companies, together with the franchises, and the property and franchises of all express companies operating on any common carrier in this state, and which foregoing, exclusive of live stock, shall be assessed as follows: Said commission shall establish and fix the valuation of the franchise, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, said commission shall then proceed to determine the total aggregate mileage operated within the state and within the several counties thereof, and so apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by said commission. The word company shall be construed to mean and include any person or persons, company, corporation, or association engaged in the business described. In case of the omission by said commission to establish a valuation for assessment purposes upon any property mentioned in this section, it shall be the duty of the assessors of any counties wherein such property is situated to assess the same. All other property shall be assessed by the county assessors. On or before the second Monday in June it shall be the duty of the said commission to transmit to the several assessors the assessed valuation found by it on such classes of property as are enumerated in this section, together with the apportionment of each county of such assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the Nevada tax commission. Sec. 3. Section 6 of the above-entitled act is hereby amended so as to read as follows. Section 6. Beginning on the fourth Monday of August the said commission shall, together with the county assessors of the several counties of this state, sit in Carson City as a state board of equalization. The chairman of the said commission shall be the chairman of the said board of equalization, and each member of said commission and each of the county assessors shall have a vote upon said board. |
κ1929 Statutes of Nevada, Page 343 (CHAPTER 188, AB 240)κ
|
county assessors shall have a vote upon said board. The secretary of the Nevada tax commission shall act as the secretary of the state board of equalization. The actual necessary expenses of the county assessors in attending the meeting of the said board of equalization shall be paid by the respective counties. At such meeting it shall be the duty of the state board of equalization to review the tax rolls of the various counties as corrected by county boards of equalization, and to raise or lower for the purpose of state equalization the valuations therein established by county assessors and county boards of equalization, on any class or piece of property in whole or in part in any county save and except those classes of property enumerated in section 5 of this act, exclusive of live stock, which shall be equalized by the said state board; and in equalizing the assessment of said property it shall be the duty of said board of equalization to so raise or lower such valuation as to produce an aggregate assessment of all property within the state (including the property enumerated in section 5 of this act) sufficient when the state tax levy is applied thereto to produce the revenues required from taxation as shown in the budget of estimated state expenses provided for in section 8 of this act; provided, however, that if said state board of equalization shall fail to perform the duties enumerated in this section, the Nevada tax commission may make such equalization as will be necessary. Said board of equalization shall complete their labors on or before the second Saturday after convening, and any person deeming himself aggrieved by any action of the state board of equalization may complain to the Nevada tax commission within ten days from the opening of its ensuing regular session, and said tax commission may correct or remedy any inequality or error so complained of. Showing on complaint may be made by letter or in person, and said commission may, in its discretion, require affidavits in support thereof. If any county assessor shall be unable to attend the meeting of the state board of equalization, the board of county commissioners may appoint a qualified person to act in his stead. At the meeting of the state board of equalization, as provided for in this section, in the year 1929, and annually thereafter, said state board of equalization shall fix the valuation for assessment purposes per head of all live stock in the state; and such valuation, however, shall be subject to equalization. Sec. 4. This act shall become effective from and after its passage and approval. |
Tax commission and county assessors to act as state board of equalization
Proviso
In effect |
________
κ1929 Statutes of Nevada, Page 344κ
|
Who may transport poultry
Permit to be obtained
Duties of sheriffs
Public record to be kept of purchases of poultry
Penalty for violation
In effect |
[Assembly Bill No. 130Churchill County Delegation]
Chap. 189An Act regulating the transportation and sale of poultry in this state, defining the duties of certain officers, providing penalties for a violation thereof, and other matters properly related thereto.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this act it shall be unlawful for any person, firm or corporation, other than those operating under permit from the public service commission of this state, to carry, haul, or transport any poultry upon, or over, the public highways of this state, between the hours of sunset and sunrise, without a permit therefor, as hereinafter provided. Sec. 2. Every person, firm or corporation, except as herein provided shall, before hauling, carrying or transporting any poultry over or upon any of the highways of this state, obtain a permit therefor from the sheriff, or a deputy, of the county from which such hauling, carrying or transporting originated. Sec. 3. It is hereby made the duty of the sheriffs of the several counties of this state to prepare a form of permit for the hauling, carrying or transporting of poultry over or upon the highways of this state. Such permits shall be prepared in such form as to contain a description of the kind and quantity of poultry, where shipped from, by whom, and to whom, together with such other information as will contain the details of the transaction. Such permits shall be made in duplicate, and a copy thereof given to the shipper or person in charge of such poultry, and the other copy shall be retained in the office of the sheriff for public inspection. Sec. 4. Every purchaser, in quantity, or dealer in poultry in this state is hereby required to keep an accurate account of all purchases of live or dressed poultry, which said record shall contain the sellers name and address, date of purchase, number and kind of poultry purchased, whether dressed or alive, and such other detail as will constitute a complete record of each transaction. Such record shall be for public inspection. Sec. 5. Every person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred ($500) dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. Sec. 6. This act shall become effective upon its passage and approval. |
________
κ1929 Statutes of Nevada, Page 345κ
|
[Assembly Bill No. 171Mr. Murphy]
Chap. 190An Act to prevent deception in the marketing of manufactured products containing wool or purporting to contain wool, and requiring the labeling of all yarn, cloth, fabrics, garments or articles of apparel, manufactured for the purpose of sale, or possessed for the purpose of sale, sold, or offered for sale, in the State of Nevada, which contain wool, and all samples of yarn, cloth, fabrics, garments or articles of apparel containing wool or purporting to contain wool, displayed in the State of Nevada in soliciting orders for sale of articles of like character, and fixing the penalty for the violation of this act.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, firm or corporation who shall manufacture for sale, or have in his possession for the purpose of sale, or who shall sell or offer for sale, in this state, any yarn, cloth, fabric, garment or article of apparel, containing wool or purporting to contain wool, or who shall display in this state any sample of yarn, cloth, fabric, garment or article of apparel, containing wool or purporting to contain wool, for the purpose of soliciting orders for the sale of yarn, cloth, fabric, garments or articles of apparel, shall place thereon a conspicuous label showing the true character and quantity of the wool content thereof, and which said label shall be in a clear, legible, bold-faced type, and shall be in one of the four following forms: 1. This article is composed of all virgin wool. 2. This article contains not less than per cent virgin wool. 3. This article contains no virgin wool. 4. The manufacturer and wholesale vendor of this article upon request have refused to give information as to the true quantity of the virgin wool content of this article. Each form of said label when used as herein provided shall be followed by the name of the person, firm or corporation placing the same on the said labeled article, printed in clear, legible, bold-faced type. The term virgin wool, as used in this act, is wool that previous to its use in the article required to be labeled hereunder has never been spun, woven or knitted into any other yarn, fabric or cloth than that composing the said article. In the event that any article is labeled in the form indicated in label No. 2 herein, the blank in such form shall be filled in with some certain percentage. Provided, however, that in labeling any garment or article of apparel which contains lining, facing or trimming, or silk yarn used solely for decorative purposes, the label required to be placed thereon shall not be taken to refer, and shall not refer, to the lining or facing or trimming, or yarn used solely for decorative purposes, or the percentage or percentages of wool contained therein. |
Dealers in woolen materials must label goods
Virgin wool defined
Proviso |
κ1929 Statutes of Nevada, Page 346 (CHAPTER 190, AB 171)κ
|
Penalty for violation
Provisions of act independent
In effect |
decorative purposes, the label required to be placed thereon shall not be taken to refer, and shall not refer, to the lining or facing or trimming, or yarn used solely for decorative purposes, or the percentage or percentages of wool contained therein. Provided, further, that this act shall not be construed as applying to or requiring the labeling of used, worn and second-hand garments; used, worn and second-hand articles of apparel or rags. Sec. 2. Any person, firm or corporation who shall violate any part of this act, or who shall by label, as required herein, state that the labeled article contains a greater percentage or greater amount of virgin wool that it does in fact contain, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) or by imprisonment in a county jail for not less than ten days nor more than sixty days, or by both such fine and imprisonment. Provided, that if any article is possessed for the purpose of sale, sold or offered for sale, or any sample is displayed, as hereinbefore provided, bearing either of the first two labels hereinbefore described; and provided further, that such label is so placed thereon by the retail dealer therein and does correspond to written or printed information obtained in good faith by the said retail dealer from the manufacturer, jobber or wholesaler thereof, certified as true and correct over the signature of such manufacturer, jobber or wholesaler, and said certified information is produced on the trial, then and in that case the person, firm or corporation possessing for sale, selling, offering for sale, or displaying the said articles so labeled for the purpose aforesaid, shall not be deemed guilty of a violation of this act in case the said label is proven false, but in such event the manufacturer, jobber or wholesaler supplying such false, certified, written or printed information regarding the character and quantity of the wool content of such article as in this proviso described shall be deemed a violator of this act and liable to all the penalties herein prescribed. Sec. 3. If any provision of this act shall be held to be invalid, it is hereby provided that all other provisions of this act which are not expressly held to be invalid shall continue in full force and effect. Sec. 4. This act shall take effect and be in force from and after its passage and approval. |
________
κ1929 Statutes of Nevada, Page 347κ
|
[Assembly Bill No. 200Elko County Delegation]
Chap. 191An Act to encourage and promote improvement in quality of live stock in the State of Nevada; to create the Nevada state livestock show board, and to provide for a state livestock show.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created the Nevada state livestock show board. Sec. 2. Within thirty days after the passage and approval of this act the governor shall appoint three citizens of the State of Nevada, one of whom shall be the head of the department of animal husbandry at the University of Nevada, and who shall be chairman of said board; the other two members shall be citizens and residents of the county of Elko, State of Nevada. Said board shall hold office for the term of four years and until their successors are appointed and qualified. Vacancies occurring from any cause in the board shall be filled by appointment of the governor for the unexpired term of the office vacated. The members of said board shall serve without compensation, but shall be allowed their necessary traveling expenses and living expenses while engaged in the work of said board away from their respective places of residence. Sec. 3. Within ten days after their appointment the persons so appointed shall qualify as required by the constitution, and shall meet and organize by the election of one of their members as vice-president and one member as secretary-treasurer. The board may also, if it seems advisable, appoint a secretary-treasurer, or secretary, or treasurer, not of its number, who shall hold office at the discretion of the board. The president, vice-president and secretary-treasurer (other than the appointive secretary-treasurer) shall hold office for the term of one year, except that the president shall at all times be the head of the department of animal husbandry at the University of Nevada, as in section 2 provided. Sec. 4. The Nevada state livestock show board shall hold a state livestock show at Elko, Nevada, in connection with the Elko county fair. It shall have the possession and care of all of the property of the said Nevada state livestock show and be intrusted with the direction of its entire business and financial affairs. It shall have the power to appoint employees, define their duties, fix their compensation and bonds, if any, adopt by-laws, rules and regulations for the government of said livestock show and said livestock show board, and for all exhibitions of live stock, and shall have power and authority to acquire real and personal property, buildings and improvements. |
Governor to appoint livestock show board
Board to meet and organize
Livestock show to be held at Elko |
κ1929 Statutes of Nevada, Page 348 (CHAPTER 191, AB 200)κ
|
To maintain peace and order
Report to governor annually
State printer to print and bind report
Appropriation, $3,000 annually
Board may cooperate with Elko County agricultural association |
Sec. 5. The board shall have power to appoint all necessary marshals and police to keep order and preserve peace at the livestock shows, and the officers so appointed shall be vested with the same authority for the preservation of order and peace on the grounds and in the buildings and upon the approaches thereto that executive peace officers are vested with by law. Sec. 6. Said board shall use all suitable means to collect and disseminate information calculated to educate and benefit producers, growers and breeders of live stock within the State of Nevada, and shall, on or before the first day of February of each year succeeding each livestock show, report to the governor a full and detailed account of its transactions, and also a full financial statement of all funds received and disbursed. Sec. 7. The superintendent of state printing shall each year print and bind four hundred volumes of said report and deliver the same to said board for distribution and exchange. He shall also do such job printing as said board may require to carry out the provisions of this act. Sec. 8. The sum of three thousand ($3,000) dollars annually for each of the years 1929 and 1930 is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise specifically appropriated, to aid the Nevada state livestock show board in holding livestock shows at Elko, Nevada. Sec. 9. It shall be proper and lawful for the Nevada state livestock show board to cooperate with Elko County agricultural association, district No 4, in the holding by the latter board of the Elko County fair, and it shall be lawful and proper to hold the state livestock show at the same time and at the same place as the Elko county fair, and to cooperate with the said Elko County board in the construction of improvements, the awarding of premiums and prizes, the payment of expenses, including the salaries and wages of employees, and the payment of labor and materials and the expenditure of money for the purposes aforesaid. Payment of moneys by said Nevada state livestock show board need not be by separate and individual vouchers for each separate and distinct item, but such payments may be vouchered in groups, such as for premiums, labor, materials, expenses, etc., and thereafter in the report by said board properly itemized in detail. Said board may, in its discretion, permit any part of the said moneys so appropriated to accumulate for the benefit of succeeding livestock shows, or for the construction of improvements, or the acquisition of property in connection therewith, and any such surplus so permitted to accumulate shall not revert to the general fund of the state, but shall be subject to the purposes and uses of the said Nevada state livestock show board. |
κ1929 Statutes of Nevada, Page 349 (CHAPTER 191, AB 200)κ
|
Sec. 10. Said board is hereby authorized to accept deeds, bills of sale, gifts and grants of property for the purposes herein provided. Sec. 11. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 12. This act shall take effect and be in force from and after its passage and approval. |
May accept grants
Repeal
In effect |
________
|
[Assembly Bill No. 247Mr. Lyon]
Chap. 192An Act to amend an act entitled An act to provide for the licensing and registration of motor vehicles in the State of Nevada, defining the duties of certain officers in connection therewith, prescribing certain rules and regulations, defining certain powers and duties, and other matters properly connected therewith, and repealing all acts or parts of acts in conflict or inconsistent with this act, approved March 19, 1925.
[Approved March 29, 1929]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 23 of the above-entitled act is hereby amended to read as follows: Section 23. No vehicle shall be operated nor moved upon any public highway which has a total weight, including vehicle and load, in excess of twenty-five thousand (25,000) pounds when such vehicle is equipped with four wheels running on the highway, or having a total weight, including the vehicle and load, of thirty-eight thousand (38,000) pounds when said vehicle is equipped with six wheels and three axles, no two of which are less than forty-two (42) inches apart; and no vehicle or other object or contrivance for moving loads which has a total weight, including any load thereon, in excess of thirty-eight thousand (38,000) pounds shall be operated or moved upon any public highway unless upon stationary rails or tracks. No vehicle equipped with tires of any material other than metal shall be operated or moved upon any public highway when the weight of such vehicle, and any load thereon, resting upon the surface of the highway, exceeds six hundred (600) pounds upon any inch of the channel-base width of tire; and no vehicle equipped with tires, rollers or wheels, the rolling surface of which resting upon the highway is made in whole or in part of metal, shall be operated or moved upon any public highway when the weight of such vehicle, and any load thereon, resting upon the surface of the highway, exceeds six hundred (600) pounds upon any inch of width of tire, roller or wheel of such vehicle. |
Vehicle of excessive weight not to be operated |
κ1929 Statutes of Nevada, Page 350 (CHAPTER 192, AB 247)κ
|
Provisions not to apply to certain vehicles
|