[Senate Bill No. 1–Senator Robbins]

Chapter 1–An Act to create a legislative fund.

[Approved January 18, 1939]

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

Assembly, do enact as follows:

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

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

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

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

Legislative fund

Mode of payment

Reversion

In effect

Overton power district; transfer of funds

Repeal

In effect

[Assembly Bill No. 4–Clark County Delegation]

Chap. 2–An Act authorizing and empowering the board of directors of Overton power district No. 5, a municipal corporation in Clark County, Nevada, to transfer certain sums of money from the “purchase and extension plants fund” to the general fund of the district.

[Approved January 24, 1939]

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

Assembly, do enact as follows:

      Section 1.  The board of directors of Overton power district No. 5, in Clark County, Nevada, is hereby authorized, empowered, and directed to transfer not exceeding the sum of two thousand nine hundred eleven and 35/100 dollars ($2,911.35) from the “purchase and extension plants fund” of said district to the general fund of the said district.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

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

Preamble

Elko County high school and gymnasium bonds

Notice of election given

[Assembly Bill No. 1–Elko County Delegation]

Chap. 3–An Act approving and validating a special election held in Elko County, Nevada, to authorize the contracting of a bonded indebtedness for erecting a new gymnasium and additional schoolrooms to the present Elko County high school building, and for the acquisition of fittings, furnishings, heating equipment, and fixtures, which said bonds were to aggregate $165,000, but only such part thereof were to be issued and sold as might be necessary to produce said sum after applying an anticipated P. W. A. grant of part of the project costs; and approving and validating the bonds issued and sold pursuant to the affirmative majority vote cast in said election.

[Approved January 24, 1939]

      Whereas, The board of county commissioners of Elko County, Nevada, pursuant to certificate and written request of the board of education of said county, duly published, in the manner required by law, notice of a special county election to authorize the incurring of a bonded indebtedness for the purpose of erecting a new gymnasium and additional schoolrooms to the present Elko County high school building and for the acquisition of fittings, furnishings, heating equipment, and fixtures in the city of Elko, Elko County, Nevada, which said bonds were to be in the form of negotiable coupon bonds of the county of Elko in the aggregate amount of $165,000, consisting of 165 bonds of $1,000 each, numbered 1 to 165, inclusive, maturing in installments of $9,000 annually, beginning September 1, 1940, bearing interest at not more than 4% per annum, but of which said bonds only such part of said $165,000 should be issued and sold as might be necessary to produce said sum after applying an anticipated

$165,000, consisting of 165 bonds of $1,000 each, numbered 1 to 165, inclusive, maturing in installments of $9,000 annually, beginning September 1, 1940, bearing interest at not more than 4% per annum, but of which said bonds only such part of said $165,000 should be issued and sold as might be necessary to produce said sum after applying an anticipated P. W. A. grant of 45% of the project costs; and

      Whereas, At such election held November 8, 1938, pursuant to such notice, the said bond issue was voted and approved by a majority vote of the taxpaying electors and a majority vote of the nontaxpaying electors as required by law; and

      Whereas, Thereafter and on December 15, 1938, pursuant to published and mailed notice as required by law, said board of county commissioners offered $99,000 of said bonds for sale on public competitive, written, sealed bids, and duly accepted the lowest and best bid therefor, to wit, a bid for the purchase of said $99,000 bonds, bearing interest at the rate of 2 3/8% per annum for par and accrued interest, and a total premium of $37.50, to be of such date, amount, and maturities as hereinafter set forth; and

      Whereas, The federal emergency administration of public works (P. W. A.) has heretofore notified the said Elko County board of education of the approval of the said P. W. A. of a 45% grant of the said project costs, the proceeds of which grant, however, will not be available until said county of Elko may, through the proceeds of sale of said bonds, show that it has its share of said project costs available; and

      Whereas, The exact extent of said 45% grant may not be determined until the completion of said project, as the said 45% is to be applied in accordance with P. W. A. accounting and allocation methods determining precisely to what items the said 45% will apply; and

      Whereas, Certain contracts have already been let by said Elko County board of education for certain essential preliminary work (in accordance with P. W. A. requirements that construction commence before a certain fixed “deadline”), to wit, the footing excavations, construction of foundations, and installation of a new boiler, etc., all of which were contracted in good faith, and for which payment will forthwith become due; and

      Whereas, Said bonds have not yet been issued for the reason that some question has arisen as to the sufficiency of the notice of election, wording of the printed ballots on said issue, and as to possible legal effects of certain typographical and other possible errors; but it appearing that all of the said proceedings were had, and the election held, and the said bonds offered for sale, and the said indebtedness incurred in good faith and for the use and benefit of said county in accordance with the will of the majority of taxpaying and nontaxpaying electors as expressed in said election; and to enable said county of Elko to accept and take advantage of the proceeds of said P.

Bond issue voted

$99,000 in bonds sold

Conditions of federal grant

Emergency

Need for validation

Issue and sale of $99,000 in bonds declared valid; tax levy mandatory

County commissioners authorized to sell $9,000 more in bonds on request of county board of education

Bonds debt of county

Custody of and expenditure of proceeds

nontaxpaying electors as expressed in said election; and to enable said county of Elko to accept and take advantage of the proceeds of said P. W. A. grant, and it is just and expedient that said election and said proceedings relating thereto be approved and forever validated, to the end that said bonds be issued and sold as hereinafter provided; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The issuance and sale by the county of Elko, State of Nevada, of $99,000 Elko County high school and gymnasium bonds, consisting of ninety-nine (99) bonds of $1,000 each, numbered 1 to 99, inclusive, bearing date January 1, 1939, and maturing in installments of $9,000 annually, serially, and consecutively, and in numerical order, beginning with the 1st day of September 1940, and continuing to the 1st day of September 1950, inclusive, bearing interest at the rate of 2 3/8% per annum, payable semiannually (except the first interest coupon, which may, if desired, be payable January 1, 1940, for one year’s interest), as general obligation bonds of said county of Elko, are hereby declared to be in all respects valid, and the said bonds to be the valid obligation of the said county of Elko, which shall always levy a sufficient tax to pay the principal and interest upon the said bonds as they mature.

      Sec. 2.  Pursuant to the said notice of election, election ballots and notice calling for bids for the purchase of said bonds, all of which provided for the issuance of sufficient bonds to make up the total estimated project cost of $165,000, after applying the said anticipated P. W. A. grant, said board of county commissioners of Elko County, Nevada, if so requested by the board of education of said county, are hereby authorized to sell in the manner and upon the notice required by law not to exceed $9,000 additional bonds of said issue, of like character, being bonds numbered 100 to 108, inclusive, of said issue, maturing September 1, 1951, if and to such extent as necessary to provide sufficient funds for the required project costs of the said gymnasium and high school additions and equipment as hereinabove described, including architects’ fees, engineering, inspection, and other incidental costs.

      Sec. 3.  All of the bonds in this act described shall, upon their issuance and sale, be a valid and subsisting indebtedness against the said county of Elko.

      Sec. 4.  The proceeds of the sale of said bonds shall be deposited in a special fund to be known as the Elko County high school and gymnasium building fund, or by such other name as shall properly describe the same, and shall be expended as required by law only for the purposes aforesaid.

      Sec. 5.  All acts and parts of acts in conflict herewith are hereby repealed to the extent of such conflict.

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

Repeal

In effect

[Senate Bill No. 10–Senator Wittenberg]

Chap. 4–An Act authorizing and empowering the board of trustees of Round Mountain school district, Nye County, Nevada, to transfer moneys from the Round Mountain school district “Construction Fund” to the Round Mountain school bonds redemption and interest fund.

[Approved February 2, 1939]

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

Assembly, do enact as follows:

      Section 1.  The board of trustees of Round Mountain school district, Nye County, Nevada is hereby authorized and empowered to transfer the sum of four hundred twenty-eight dollars and forty-nine cents ($428.49) from the Round Mountain school district construction fund to the Round Mountain school bonds redemption and interest fund.

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

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

Round Mountain school district; transfer of funds

Repeal

In effect

[Senate Bill No. 11–Senator Wittenberg]

Chap. 5–An Act authorizing and empowering the board of county commissioners of Nye County, Nevada, to transfer moneys from the Round Mountain street lights fund to the Round Mountain school bonds redemption and interest fund.

[Approved February 2, 1939]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of Nye County, Nevada, is hereby authorized and empowered to transfer a sum of money not to exceed five hundred ($500) dollars from the Round Mountain street lights fund to the Round Mountain school bonds redemption and interest fund.

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

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

Round Mountain; transfer of funds

Repeal

In effect

Mineral County auditor and treasurer; duty respecting various funds

In effect

[Assembly Bill No. 60–Mr. Springer]

Chap. 6–An Act authorizing the county treasurer and the county auditor of Mineral County, of the State of Nevada, to transfer certain funds now in the treasury of said county.

[Approved February 4, 1939]

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 it shall be the duty of the county auditor of Mineral County, Nevada, and the county treasurer of said county to transfer from the “High School Emergency Loan Fund” to the “High School General Fund” the sum of two thousand, two hundred sixty-five dollars and eighty-seven cents ($2,265.87); from the “County Emergency Loan Fund” to the “County General Fund” the sum of eighty-nine dollars and sixty-seven cents ($89.67); from the “Interest and Sinking Fund” to the “Road Equipment Bond and Interest Redemption Fund” the sum of nine hundred sixty-one dollars and fifty-five cents ($961.55); from the “Interest and Sinking Fund” to the “Mina Municipal Building Bond and Interest Redemption Fund” the sum of four hundred eight dollars and thirty-four cents ($408.34).

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

Officers of Clark County to transfer funds

[Assembly Bill No. 80–Clark County Delegation]

Chap. 7–An Act authorizing and directing the county commissioners, county auditor, and county treasurer of Clark County, Nevada, to transfer funds from the “Lincoln County Bonds” fund to the “Publicity Fund,” and the “Experimental Farm Sale” fund to the “County Road Fund” of said county.

[Approved February 7, 1939]

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 it shall be the duty of the county commissioners of Clark County, Nevada, and the county auditor and county treasurer of said county to transfer all sums of money now remaining in those certain funds of said county known and designated as “Lincoln County Bonds” fund to the “Publicity Fund” of said county, and “Experimental Farm Sale” fund to the “County Road Fund” of said county.

said county, and “Experimental Farm Sale” fund to the “County Road Fund” of said county.

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

In effect

[Assembly Bill No. 76–Lincoln County Delegation]

Chap. 8–An Act authorizing and directing the county commissioners of Lincoln County, State of Nevada, to transfer certain funds from the old courthouse bond refunding fund to a special fund in said county to be used for purchasing equipment and furniture for the new courthouse in said county.

[Approved February 7, 1939]

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

Assembly, do enact as follows:

      Section 1.  The county commissioners of Lincoln County are hereby authorized and directed to transfer from the old courthouse fund of said county to a special fund in said county to be used by the county commissioners of Lincoln County for the purchase of equipment and furniture for the new courthouse in said county.

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

Commissioners of Lincoln County to transfer courthouse fund

In effect

[Assembly Bill No. 77–Lincoln County Delegation]

Chap. 9–An Act authorizing and directing the county commissioners of Lincoln County, State of Nevada, to transfer certain funds, raised by subscription and local taxation, for developing water in Cathedral gorge, in said county, to the general fund of said county to be used by the county commissioners thereof for the repair and improvement of that certain project in said county designated as the Panaca flood control project.

[Approved February 8, 1939]

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

Assembly, do enact as follows:

      Section 1.  The county commissioners of Lincoln County, Nevada, are hereby authorized and directed to transfer those certain funds heretofore accumulated in the funds of said county, for developing water in Cathedral gorge, into a special fund in said county to be used by the county commissioners of said county for the repair and improvement of that certain project in said county designated as the Panaca flood control project.

Commissioners of Lincoln County to transfer certain moneys

In effect

that certain project in said county designated as the Panaca flood control project.

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

Humboldt County clerk to appoint a deputy; salary, $1,200

In effect

[Assembly Bill No. 81–Humboldt County Delegation]

Chap. 10–An Act fixing and regulating the appointment and salary of a deputy to the county clerk of Humboldt County.

[Approved February 8, 1939]

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

Assembly, do enact as follows:

      Section 1.  From and after the approval of this act the county clerk of Humboldt County shall be authorized to appoint one deputy, who shall receive a salary of $1,200 per annum, payable monthly, in twelve equal installments, on the first day of each month in like manner as county officers are paid.

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

Racing act; section 3 repealed

In effect

[Assembly Bill No. 14–Mr. Kennett]

Chap. 11–An Act to repeal section 3 of “An act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation thereof,” approved February 20, 1915, together with the acts amendatory thereof or supplementary thereto.

[Approved February 9, 1939]

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, being section 6217 N. C. L. 1929, is hereby repealed.

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

[Assembly Bill No. 64–Clark County Delegation]

Chap. 12.–An Act authorizing and directing the county treasurer of Clark County, Nevada, to transfer certain moneys from the Las Vegas high school bond fund to the Clark County educational district No. 2 bond fund, and other matters relating thereto.

[Approved February 9, 1939]

      Whereas, There is a balance of $1,495.39 in the Las Vegas high school bond fund after all bonds have been redeemed and all interest thereon fully paid; and

      Whereas, There will be some additional sums of money coming into said fund; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The county treasurer of Clark County, Nevada, is hereby authorized and directed to transfer from the Las Vegas high school bond fund all of the funds now therein, and any additional sum or sums that may accrue thereto, to the Clark County educational district No. 2 bond fund.

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

Preamble

Clark County treasurer to transfer certain funds

In effect

[Assembly Bill No. 29–Mr. Fee]

Chap. 13–An Act to amend an act entitled “An act fixing the compensation of certain county officers of Esmeralda County in the State of Nevada; authorizing and empowering the board of county commissioners of said county to regulate the appointment, number, and compensation of their deputies and attaches, and requiring said officers to make reports to the board of county commissioners of Esmeralda County; and repealing all acts and parts of acts in conflict therewith,” approved February 21, 1929.

[Approved February 9, 1939]

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, being section 1 of chapter 10, Statutes of Nevada 1929, is hereby amended to read as follows:

      Section 1.  The following-named officers of Esmeralda County shall receive, in full payment of all services rendered by them, the following salaries:

      The sheriff, for services as sheriff, shall receive the sum of one thousand ($1,000) dollars per annum, and for his services as ex officio county assessor the sum of two thousand ($2,000) dollars per annum.

Esmeralda County salaries

Sheriff, ex officio assessor

Deputy

Additional deputies

County clerk and treasurer

Deputy

County recorder and auditor

Deputy

District attorney

Deputies

County commissioners; salary and mileage

Salaries named are full compensation

Reports of all fees

($2,000) dollars per annum. The sheriff is hereby authorized to appoint one deputy sheriff, and said deputy shall receive a salary of six hundred ($600) dollars per annum as deputy sheriff, and twelve hundred ($1,200) dollars per annum as ex officio deputy county assessor; and he shall also appoint as many deputy assessors and deputy sheriffs as the board of county commissioners shall deem necessary, and said board of county commissioners shall fix the compensation of the deputies so appointed, and in no case shall the compensation exceed the sum of one hundred fifty ($150) dollars per month for each deputy so appointed.

      The county clerk, for services as county clerk, shall receive the sum of eight hundred ($800) dollars per annum, and for services as ex officio county treasurer the sum of sixteen hundred ($1,600) dollars per annum; and, where the business of his office shall require and the board of county commissioners shall deem necessary, he may appoint a deputy, who shall be paid at a rate of not less than one hundred and fifty ($150) dollars per month for term of employment.

      The county recorder, for services as county recorder, shall receive the sum of eight hundred ($800) dollars per annum, and for services as ex officio county auditor the sum of sixteen hundred ($1,600) dollars per annum; and where the business of his office shall require, and the board of county commissioners shall deem necessary, he may appoint a deputy, who shall be paid at a rate of not less than one hundred and fifty ($150) per month for term of employment.

      The district attorney of Esmeralda County shall receive the sum of twenty-four hundred ($2,400) dollars per annum, and he shall also appoint as many deputies as the board of county commissioners shall deem necessary, which deputy or deputies shall be paid at a rate of not less than one hundred and fifty ($150) dollars per month for term of employment.

      The county commissioners of Esmeralda County shall receive the sum of six hundred ($600) dollars per annum each, and mileage at the rate of fifteen (15¢) cents per mile in going to the county seat when attending a session of the board.

      The above salaries shall be paid in equal monthly installments and shall be in full compensation for all services and ex officio services to be performed by the above-named officers, both civil and criminal, and all percentages collected by the sheriff, as sheriff and ex officio assessor, shall be paid into the treasury of Esmeralda County, and no fees of any kind or character shall be allowed the above-named officers, and they shall receive no other compensation but the salary herein named, and they shall make full, true, and correct reports of all fees collected by them monthly to the board of county commissioners of Esmeralda County.

commissioners of Esmeralda County. The county commissioners of Esmeralda County are hereby authorized to allow the traveling expenses of all of the above-named officers when traveling either in Esmeralda County or elsewhere in performing the duties of their offices.

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

Traveling expenses

In effect

[Senate Bill No. 21–Senator Getchell]

Chap. 14–An Act to repeal an act entitled “An act authorizing the district attorney of Lander County to employ a stenographer, providing the duties of such stenographer, and fixing the salary therefor,” approved March 19, 1937.

[Approved February 14, 1939]

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 authorizing the district attorney of Lander County to employ a stenographer, providing the duties of such stenographer, and fixing the salary therefor,” approved March 19, 1937, being chapter 86 Statutes of Nevada 1937, is hereby repealed.

Lander County stenographer

[Senate Bill No. 5–Senator Getchell]

Chap. 15–An Act to amend an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, together with the acts amendatory thereof or supplementary thereto.

[Approved February 14, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 54 of the above-entitled act, being section 9653 N. C. L. 1929, is hereby amended to read as follows:

      Section 54.  Before letters testamentary or of administration shall be issued to the executor or administrator he shall take and subscribe an oath or affirmation, before an officer authorized to administer oaths, that he will perform according to law the duties of executor or administrator; said oath shall be filed and recorded by the clerk. The oath of a domestic corporation appointed as executor or administrator may be taken and subscribed by its president or vice president, or secretary or treasurer upon its behalf, and the oath of a banking corporation may be taken and subscribed by any of the above-named officers or by its cashier, trust officer, assistant trust officer, or manager.

Official oath executor or administrator when person; when corporation

Effect of certified copies generally

In effect

president, or secretary or treasurer upon its behalf, and the oath of a banking corporation may be taken and subscribed by any of the above-named officers or by its cashier, trust officer, assistant trust officer, or manager. All duly certified copies of any record or paper in matters of estates shall have the same force and effect in all cases whatsoever as the original papers would have.

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

Facsimile signatures permitted on certain warrants

In effect

[Assembly Bill No. 82–Committee on Social Welfare]

Chap. 16–An Act to amend an act entitled “An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review, and providing for other officers and employees and defining their powers and duties; and other matters relating thereto,” approved March 23, 1937, by adding thereto a new section to be known as section 9 1/2.

[Approved February 15, 1939]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act, being chapter 129 Statutes of Nevada 1937, is hereby amended by adding a new section to be known as section 9 1/2, which said section shall read as follows:

      Section 9 1/2.  The word “signature” wherever used in this act to refer to the “signature of the treasurer and the counter-signature of the commissioner or his duly authorized agent for that purpose,” and particularly, but without limitation, in section 9 of said act means and shall be deemed to mean and to authorize not alone the handwritten signature or counter-signature of such officers or agent, but also their facsimile signatures, when stamped upon such warrants as are referred to in said act.

      Sec. 2.  This act shall be in full force and effect immediately upon its passage and approval.

[Assembly Bill No. 72–Committee on Labor]

Chap. 17–An Act requiring persons who take from their employees all or any portion of any tips or gratuities, to post in a conspicuous place on their premises a notice of the terms of the contract whereby the employer or other person is to have the benefit of any such tips or gratuities; prescribing penalties for the violation thereof, and other matters properly relating hereto.

[Approved February 21, 1939]

      Whereas, It has become the practice of certain employers, employing other persons in and about the conduct and operation of their business, of taking all or a portion of any tips or gratuities given to or received by such employees; and

      Whereas, It is the sense of this legislature that such acts tend to perpetrate a fraud or imposition upon the public because of the employers’ failure to notify the public that tips or gratuities bestowed upon employees go to the employers; and

      Whereas, It is the sense of the legislature that the public should be informed of any such relation, custom, or agreement between employer and employee; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  Every person who takes all or any part of any tips or gratuities bestowed upon his employees, or who credits the same toward payment of his employee’s wage, shall and is hereby required to post in a conspicuous place where it can be easily seen by the public, upon the premises where such employees are employed and work, a notice to the public that tips or gratuities bestowed on employees go or belong to the employer. Such notice shall contain the words, “NOTICE: Tips Given Employees Belong to Management.” The letters of these words shall be in bold black type at least one inch in height.

      Sec. 2.  Any person who takes all or any part of the tips or gratuities bestowed upon his employees without posting the notice required to be posted by the preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment.

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

Preamble

Notice respecting “tips” required

Penalty

In effect

Procedure to prove death affecting claims to real property

Notice

Hearing; judgment

Record

In effect

[Assembly Bill No. 33–Committee on Judiciary]

Chap. 18–An Act for the determination of the termination of the interests of a deceased person in real property.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Whenever title to or an interest in real property is affected by the death of any person, any other person who claims any interest in such real property, which interest is affected by the death of such person, may file in the district court of any county in which any part of such real property is situated, a verified petition setting forth those facts, and particularly describing the real property, the interest of the petitioner, and the interest of the deceased therein.

      The clerk shall set the petition for hearing by the court, shall give notice thereof by causing a notice of the time and place of the hearing to be posted at the courthouse in the county where the court is held, at least ten days before the hearing; provided, the court may order such further notice to be given as in his judgment may seem proper.

      The court shall take evidence for or against the petition, and may render judgment thereon establishing the fact of such death and the termination of the interest of the deceased in the real property described in the petition.

      A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the land is situated.

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

Obsolete sections repealed; acknowledgments by wife

In effect

[Assembly Bill No. 35–Committee on Judiciary]

Chap. 19–An Act to repeal sections 32, 33, and 34 of an act entitled “An act defining the rights of husband and wife,” approved March 10, 1873.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Sections 32, 33, and 34 of an act entitled “An act defining the rights of husband and wife,” approved March 10, 1873, and being sections 3386, 3387, and 3388 N. C. L. 1929, are hereby repealed.

      Sec. 2.  This act shall become effective immediately upon its passage and approval.

[Assembly Bill No. 37–Committee on Judiciary]

Chap. 20–An Act to amend section 177 of an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 177 of the above-entitled act, being section 10124 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 177.  Rape is the carnal knowledge of a female, forcibly and against her will, and a person duly convicted thereof shall be punished by imprisonment in the state prison for a term of not less than five years and which may extend to life; provided, that if such crime be accompanied with acts of extreme violence and great bodily injury inflicted, the person guilty thereof shall be punished by imprisonment in the state prison for a term not less than twenty years, or he shall suffer death, if the jury by their verdict affix the death penalty. And any person of the age of sixteen years or upwards who shall have carnal knowledge of any female child under the age of eighteen years, either with or without her consent, shall be adjudged guilty of the crime of rape and punished as before provided. A husband may not be convicted of the rape of his wife unless he is an accomplice or accessory to the rape of his wife by a third person.

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

Rape defined

Penalty

Age of consent

When husband accessory

In effect

[Assembly Bill No. 38–Committee on Judiciary]

Chap. 21–An Act to define the manner in which joint tenancy may be created.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Joint tenancy in real property may be created by a single will or transfer when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself and others, or from tenants in common to themselves, or to themselves and others, or from a husband and wife when holding title as community property or otherwise to themselves, or to themselves and others when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants.

Joint tenancy; how created

In effect

tenants. A joint tenancy in personal property may be created by a written transfer, agreement, or instrument.

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

Procedure on offer for settlement of action

In effect

[Assembly Bill No. 42–Committee on Judiciary]

Chap. 22–An Act to amend section 323 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto.”

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 323 of the above-entitled act, being section 8821 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 323.  Any party may, at any time before trial or judgment, serve upon the opposing party or parties, as the case may be, an offer to allow judgment to be taken against him for the sum, or property, or to the effect therein specified. If the said opposing party or parties, as the case may be, accepts the offer and gives notice thereof within five days and files a notice of acceptance, the clerk shall thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer shall be deemed withdrawn and shall not be given in evidence; and if the said opposing party or parties, as the case may be, failed to obtain a more favorable judgment than that contained in the offer, he or they shall not recover costs, but shall pay the costs of the party making the offer from the time of the offer.

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

[Assembly Bill No. 48–Committee on Judiciary]

Chap. 23–An Act to amend an act entitled “An act creating and providing an additional cause for divorce,” approved March 23, 1931.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 1 of an act entitled “An act creating and providing an additional cause for divorce,” approved March 23, 1931, and being section 9467.06 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  Divorce from the bonds of matrimony may be obtained, in addition to the causes now provided by law and subject to the same procedure and requirements, for the following cause:

obtained, in addition to the causes now provided by law and subject to the same procedure and requirements, for the following cause:

      When the husband and wife have lived separate and apart for three consecutive years without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act shall become effective immediately upon its passage and approval.

Divorce, additional cause for

Separation three consecutive years

Repeal

In effect

[Assembly Bill No. 36–Committee on Judiciary]

Chap. 24–An Act to amend sections 55 and 706 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 55 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being section 8554 N. C. L. 1929, is hereby amended to read as follows:

      Section 55.  When the death of a person not a minor is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if such person be employed by another person who is responsible for his conduct, then also against such other person. If such adult person have a guardian at the time of his death, only one action can be maintained for the injury to or death of such person, and such action may be brought by either the personal representatives of such adult person deceased for the benefit of his heirs, or by such guardian for the benefit of his heirs as provided in section 54. In every action under this and the preceding section such damages, pecuniary and exemplary, may be given as under all the circumstances of the case may be just.

      Sec. 2.  Section 706 of the above-entitled act, and being section 9195 N. C. L. 1929, is hereby amended to read as follows:

      Section 706.  The proceeds of any judgment obtained in any action brought under the provisions of this chapter shall not be liable for any debt of the deceased; provided, he or she shall have left a husband, wife, child, father, mother, brother, sister, or child or children of a deceased child; but shall be distributed as follows:

Action for wrongful death of adult

Parties

Damages

Judgment proceeds in certain actions exempt

Proceeds, how distributed

Proviso

Measure of damages

she shall have left a husband, wife, child, father, mother, brother, sister, or child or children of a deceased child; but shall be distributed as follows:

      If there be a surviving husband or wife, and no child, then to such husband or wife; if there be a surviving husband or wife, and a child or children, or grandchildren, then, equally to each, the grandchild or children taking by right of representation; if there be no husband or wife, but a child or children, or grandchild or children, then to such child or children and grandchild or children by right of representation; if there be no child or grandchild, then to a surviving father or mother; if there be no father or mother, then to a surviving brother or sister, or brothers or sisters, if there be any; if there be none of the kindred hereinbefore named, then the proceeds of such judgment shall be disposed of in the manner authorized by law for the disposition of the personal property of deceased persons; provided, every such action shall be brought by and in the name of the personal representative or representatives of such deceased person; and provided further, the court or jury, as the case may be, in every such action may give such damages, pecuniary and exemplary, as shall be deemed fair and just, and in so doing may take into consideration the pecuniary injury resulting from such death to the kindred as herein named.

Divorce; power of court respecting property and alimony

[Assembly Bill No. 49–Committee on Judiciary]

Chap. 25–An Act to amend sections 25, 27, 28, and 29 of an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, as amended by Statutes of 1915, chapter 211, and to repeal all acts and parts of acts in conflict herewith.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 25 of an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, and being section 9463 N. C. L. 1929, is hereby amended to read as follows:

      Section 25.  In granting a divorce, the court may award such alimony to the wife and shall make such disposition of the community and separate property of the parties as shall appear just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it for the benefit of the children. In the event of the death of either party, or the subsequent remarriage of the wife all alimony awarded by the decree shall cease, unless it shall have been otherwise ordered by the court.

death of either party, or the subsequent remarriage of the wife all alimony awarded by the decree shall cease, unless it shall have been otherwise ordered by the court.

      If, after the filing of the complaint, it shall be made to appear probable to the court, or the judge in vacation, that either party is about to do any act that would defeat or render less effectual any order which the court might ultimately make concerning the property or pecuniary interests, an order shall be made for the prevention thereof, to be enforced as such preliminary orders are enforced respecting children.

      Sec. 2.  Section 27 of the above-entitled act, as amended by Statutes of 1915, page 324, and being section 9465 N. C. L. 1929, is hereby amended to read as follows:

      Section 27.  In any suit wherein the court has granted a decree of divorce and awarded alimony to the wife, in the event of the subsequent remarriage of the wife, and there being issue of the former marriage, the court in which the divorce was granted may, on proper showing of the case, enter an order that the alimony previously awarded, or part thereof, be paid as ordered by the court for the benefit of the minor children. In any suit for divorce now pending, or which may hereafter be commenced, the court, or judge, may, in its discretion, upon application, of which due notice shall have been given to the husband or his attorney, at any time after the filing of the complaint, require the husband to pay such sums as may be necessary to enable the wife to carry on or defend such suit, and for her support and for the support of the children of the parties during the pendency of such suit; and a court or judge may direct the application of specific property of the husband to such object, and may also direct the payment to the wife for such purpose of any sum or sums that may be due and owing the husband from any quarter, and may enforce all orders made in this behalf as provided in section 24 of this act.

      Sec. 3.  Section 28 of the above-entitled act, and being section 9466 N. C. L. 1929, is hereby amended to read as follows:

      Section 28.  Whenever a decree of divorce from the bonds of matrimony is granted in this state by the court of competent authority, such decree shall fully and completely dissolve the marriage contract as to both parties; and in all suits for divorce, if a divorce be granted, the court may, for just and reasonable cause, change the name of the wife by appropriate order embodied in its decree.

      Sec. 4.  Section 29 of the above-entitled act, and being section 9467 N. C. L. 1929, is hereby amended to read as follows:

      Section 29.  Either party, on application to the court, may be entitled, at such trial, to have the issue of fact involved in such case and presented by the pleadings tried by a jury, in accordance with the general rules covering the trial of civil actions in the district court; provided, the jury shall not consider nor determine any issue as to the custody or support of minor and dependent children or of property matters or rights, or as to the right of the wife to alimony, but all such issues and matters shall be determined solely by the judge of the court.

Emergency orders

Conversion of alimony

Orders for allowances and suit money

Orders, how enforced

Absolute divorce bilateral

Divorce; trial by jury a right

Issues reserved to judge or court

Special and general repeal

In effect

by a jury, in accordance with the general rules covering the trial of civil actions in the district court; provided, the jury shall not consider nor determine any issue as to the custody or support of minor and dependent children or of property matters or rights, or as to the right of the wife to alimony, but all such issues and matters shall be determined solely by the judge of the court.

      Sec. 5.  Section 12 of an act entitled “An act defining the rights of husband and wife,” approved May 10, 1873, and being section 3366 N. C. L. 1929, and any and all other acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 6.  This act shall become effective immediately upon its passage and approval.

Pleadings, how verified

[Assembly Bill No. 53–Committee on Judiciary]

Chap. 26–An Act to amend sections 122 and 447 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and to repeal all acts and parts of acts in conflict herewith.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 122 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being section 8620 N. C. L. 1929, is hereby amended to read as follows:

      Section 122.  In all cases of the verification of a pleading, the affidavit of the party shall state that the same is true of his own knowledge, except as to the matters which are therein stated on his information and belief, and as to those matters, that he believes it to be true. And where a pleading is verified, it shall be by the affidavit of the party, unless he be absent from the county where the attorneys reside, or from some cause unable to verify it, or the facts are within the knowledge of his attorney or other person verifying the same. When the pleading is verified by the attorney, or any other person except the party, he shall set forth in the affidavit the reasons why it is not made by the party. When a corporation is a party, the verification may be made by any officer thereof; or when the state, or any officer thereof in its behalf, is a party, the verification may be made by any person acquainted with the facts; except that in actions prosecuted by the attorney-general, in behalf of the state, the pleadings need not, in any case, be verified. In all cases where, by the foregoing provisions, the verification may be made by the attorney, such verification may be by him made on information and belief if the facts are not within his knowledge.

where, by the foregoing provisions, the verification may be made by the attorney, such verification may be by him made on information and belief if the facts are not within his knowledge.

      Sec. 2.  Section 447 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all acts in relation thereto,” approved March 17, 1911, and being section 8936 N. C. L. 1929, is hereby amended to read as follows:

      Section 447.  When a plaintiff in an action resides out of the state, or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant, by the filing and service on plaintiff of a written demand therefor within the time limited for answering the complaint. When so required, all proceedings in the action shall be stayed until an undertaking, executed by two or more persons, be filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of three hundred dollars; or in lieu of said undertaking, the plaintiff may deposit three hundred dollars, lawful money, with the clerk of the court, subject to the same conditions as required for the undertaking. A new or an additional undertaking may be ordered by the court or judge upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking be executed and filed.

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

      Sec. 4.  This act shall become effective immediately upon its passage and approval.

Security for costs, how obtained

Undertaking $300 or cash

Additional security

Repeal

In effect

[Assembly Bill No. 75–Committee on Judiciary]

Chap. 27–An Act to amend section 433 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and to repeal all acts and parts of acts in conflict herewith.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 433 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being section 8922

Service on clerk or attorney; when required

Repeal

In effect

and being section 8922 N. C. L. 1929, is hereby amended to read as follows:

      Section 433.  When any party who has appeared resides out of the state, and either has no attorney in the action or proceeding or is represented therein by an attorney residing outside the state, the service may be made on the clerk for him. But in all cases where a party has an attorney in the action or proceeding who resides in this state, the service of papers, when required, shall be upon the attorney instead of the party, except subpenas, or writs, and other process issued in the suit, and of papers to bring him into contempt.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act shall become effective immediately upon its passage and approval.

Nevada Day, October 31, a holiday

Repeal

[Assembly Bill No. 74–Mr. Amodei]

Chap. 28–An Act providing that the 31st day of October shall be known as “Nevada Day,” designating the same as a holiday, and repealing an act in conflict herewith.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  The 31st day of October of each and every year is hereby designated as “Nevada Day,” and shall be a holiday; all state, county, and municipal offices, the state university, and the public schools shall close on this day. The governor of the State of Nevada is hereby authorized and directed to issue annually, at least thirty days prior to the 31st day of October, a proclamation requesting the people of the state to observe Nevada day by appropriate exercises and ceremonies, commemorating the admission of the State of Nevada into the Union. If the 31st day of October shall fall on a Sunday, the Monday following shall be observed as a holiday.

      Sec. 2.  An act entitled: “An act providing for the observance of Nevada day in the State of Nevada as a holiday,” approved March 22, 1933, is hereby repealed.

[Assembly Bill No. 44–Committee on Judiciary]

Chap. 29–An Act to amend section 6 of an act entitled “An act to provide for the organization, management, and conduct of nonprofit cooperative corporations, providing for membership therein, and matters properly connected therewith,” approved March 23, 1921.

[Approved February 23, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 6 of the above-entitled act, being section 1580 N. C. L. 1929, is hereby amended to read as follows:

      Section 6.  Any such corporation may amend its articles of incorporation in any manner not inconsistent with the provisions of this act, in the manner provided for by section 7 of the general corporation act of 1925, same being section 1606 N. C. L. 1929.

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

Corporations; nonprofit, cooperative; amending articles

In effect

[Senate Bill No. 35–Senator Gibson]

Chap. 30–An Act specifying the hours during which the clerk of the supreme court office shall be open for the transaction of business.

[Approved February 25, 1939]

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

Assembly, do enact as follows:

      Section 1.  The office of the clerk of the supreme court shall be open for transaction of business from nine a. m. until twelve o’clock noon, and from one p. m. until four p. m. every day of the year, Saturday afternoons, Sundays, and public holidays excepted.

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

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

Clerk of supreme court; hours

Repeal

In effect

Delinquent dependent children

Probation officers appointed; duties prescribed

Salaries paid by counties

Counties 15,000 population

[Senate Bill No. 18–Senator Gibson]

Chap. 31–An Act to amend an act entitled “An act relating to children who are now or who may hereafter become dependent, neglected, or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption, and guardianship of the person of such child or children,” approved March 24, 1909.

[Approved February 25, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 6 of the above-entitled act, the same being section 1015 N. C. L. of 1929, is hereby amended to read as follows:

      Section 6.  The district courts in this state shall have authority to appoint any number of discreet persons of good moral character to serve as probation officers during the pleasure of the court; said probation officers shall receive no compensation from the county treasury except as herein provided. It shall be the duty of the clerk of the court, if practicable, to notify the said probation officer when any child is to be brought before the court; it shall be the duty of such probation officer to make investigation of such case; to be present in the court to represent the interests of the child when the case is heard; to furnish such court such information and assistance as the court or judge may require, and to take charge of any child before and after the trial as may be directed by the court. The number of probation officers to receive compensation from the county, named and designated by the district court, shall be as follows:

      The judge of the district court in and for each county, or city and county, of the state, or the judges where there are more than one judge of the said court, may appoint probation officers, in the number and under the conditions as in this act provided, whenever such appointments shall be deemed necessary to care for the dependent and delinquent children of the county; provided, such probation officers can be removed from office at any time by the said district judge, or judges. The salary of said probation officers shall be as follows:

      In counties having over fifteen thousand population, there may be one probation officer receiving a salary. An assistant probation officer may be appointed, in the discretion of the court, upon the request of the probation officer. The salary of the probation officer shall be fixed by the court appointing him, in any sum not to exceed one hundred and fifty dollars per month; and the salary of the assistant probation officer, where one is appointed, shall likewise be fixed by the court appointing him in any sum not to exceed seventy-five dollars per month.

seventy-five dollars per month. The expenses of such probation officers for probation work shall not exceed seven hundred and fifty dollars per year.

      In counties having less than fifteen thousand population it shall be within the discretion of the district judge, or judges, of each of said counties to determine as to the necessity of appointing a probation officer; provided, that in counties having eight thousand population and under fifteen thousand there shall be no more than one probation officer receiving a salary, and such salary shall be fixed by the court appointing him, in any sum not to exceed one hundred fifty dollars per month; provided further, that in counties of five thousand and under eight thousand there shall be no more than one probation officer receiving a salary, and such salary shall be fixed by the court appointing him in any sum not to exceed one hundred dollars per month; and provided further, that in counties of under five thousand there shall be no more than one probation officer receiving a salary, and such salary shall be fixed by the court appointing him in any sum not to exceed seventy-five dollars per month.

      All probation officers whose expenses are not herein provided shall be allowed such necessary incidental expenses as may be authorized by the judge, or judges, of the district court of said county; provided, that the said probation officers can be appointed for any portion or part of a year as the said district judge, or judges, may determine, and can be paid for the time and periods said probation officers serve under such appointment. The salary and expenses of the probation officer shall be paid out of the county funds in the county treasury in monthly installments, in the same manner as other claims against the county.

      Any district judge, or judges, appointing such probation officer to receive a salary or other compensation from the county, provided for under this act, shall transmit such appointment to the district superintendent of schools of the district of which the county in which said appointment is made is a part, the state superintendent of public instruction, and the governor of this state, who shall constitute a board to investigate the competency of such person so appointed to act as probation officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after the submission thereof by the said district court, and a failure to act thereon within such time shall constitute an approval of such appointment. If a majority of such board are of the opinion that such appointee does not possess the qualifications for a probation officer, they shall notify the court of their conclusions within thirty days of such appointment to the respective members thereof, whereupon it shall be the duty of the district judge, or judges, to withdraw such appointment and appoint some one who shall receive the approval of said board.

Counties under 15,000 population

Expense of officers paid

Veto of appointments

Power of arrest, etc.

Record oaths of officers

Repeal

In effect

appoint some one who shall receive the approval of said board.

      Probation officers receiving a salary or other compensation from the county, provided for by this act, are hereby vested with all the power and authority of police or sheriffs to make arrests and perform any other duties ordinarily required by policemen and sheriffs which may be incident to their office, or necessary or convenient to the performance of their duties; provided, that other probation officers may be vested with like power and authority upon a written certificate from the district judge, or judges, that they are persons of discretion and good character, and that it is the desire of the court to vest them with all the power and authority conferred by law upon probation officers receiving compensation from the county.

      The appointment of probation officers, and the approval thereof as to the qualifications of such officers by the board herein designated, shall be filed in the office of the clerk of the court. Probation officers shall take an oath such as may be required of other county officers to perform their duties, and file in the office of the clerk of the district court.

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

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

[Assembly Bill No. 79–Mr. Springer]

Chap. 32–An Act to amend an act entitled “An act to amend section 2 of an act entitled ‘An act to regulate fees and compensations for county and township officers and for official and other services in the county of Mineral, State of Nevada, and to repeal an act entitled “An act to regulate fees and compensation for official and other services in the county of Mineral, State of Nevada,” approved March 15, 1915, and all other acts or parts of acts in conflict herewith,’ approved March 26, 1919,” approved March 25, 1931.

[Approved February 25, 1939]

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, as amended by chapter 173, Statutes of Nevada 1931, is hereby amended to read as follows:

      Section 2.  The county clerk of Mineral County, State of Nevada, shall be allowed to charge and collect the following fees for all services performed by him, in any action or proceeding (except a probate, adoption or guardianship proceedings, or as herein otherwise specified), to and including the making up and filing the judgment roll, fifteen dollars (which shall include the court fee of three dollars now provided by law), to be collected in advance from the party commencing the action or proceeding; provided, however, that in cases wherein an injunction, attachment, or receiver is asked for, an additional advance fee of two dollars and fifty cents shall be charged and collected.

fees for all services performed by him, in any action or proceeding (except a probate, adoption or guardianship proceedings, or as herein otherwise specified), to and including the making up and filing the judgment roll, fifteen dollars (which shall include the court fee of three dollars now provided by law), to be collected in advance from the party commencing the action or proceeding; provided, however, that in cases wherein an injunction, attachment, or receiver is asked for, an additional advance fee of two dollars and fifty cents shall be charged and collected.

      For filing cross-complaint, counterclaim, or a complaint in intervention, seven dollars and fifty cents.

      For entering judgment by confession, five dollars.

      For all services performed in an action appealed from a justice court (which shall include the court fee of one dollar now provided by law), seven dollars and fifty cents, to be paid by the appealing party.

      For filing any and all papers offered by the respondent on an appeal from a justice court, two dollars and fifty cents.

      For filing and indexing papers upon a transfer of a cause from a district court of another county, or from the United States district court, and for all services in connection therewith, seven dollars and fifty cents.

      For transmission of files and papers, including a copy of the court minutes, upon the granting of a change of venue to the district court of another county, or to the United States district court, exclusive of the express charge, or postage, three dollars.

      For issuing a commission to take testimony, one dollar.

      For all services performed in proceedings to perpetuate testimony, two dollars and fifty cents.

      For filing notice and undertaking, and all services, including indexing, upon appeal to the supreme court (but not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial, or to set aside a judgment.

      For all services after the judgment roll is made up and filed, pending an appeal to the supreme court (but not including the making of copies), three dollars.

      For certificate of dismissal of an appeal to the supreme court, when prepared by the clerk, three dollars and fifty cents, and when prepared and furnished by the attorneys, two dollars.

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

      For issuing execution or order of sale, one dollar, and for copying decree and return, thirty cents per folio.

      For issuing transcript of judgment, and certifying thereto, two dollars and thirty cents per folio.

Mineral County clerk fees, etc., re plaintiff

Cross-complaint, etc.

Miscellaneous fees

After judgment

Execution, etc.

Petitions various

Defendant fees

Copies

Certificate under seal

Probate and guardianship

Taking oaths, etc.

      For filing any paper in any cause after judgment, not otherwise specified or provided for, fifty cents.

      For taking and certifying depositions, for each folio, thirty cents, besides seven dollars and fifty cents for each day’s attendance.

      For filing a petition for a change of name, or for a writ of any kind, except habeas corpus, and for all services in connection therewith, seven dollars and fifty cents; provided, no charge shall be made or collected for a writ of habeas corpus.

      For filing the appearance of any defendant (or any number of defendants answering jointly), to be paid upon filing the first paper by him or them, seven dollars and fifty cents; for every additional defendant appearing separately, two dollars and fifty cents; provided, that if two or more defendants file appearances at the same time, but seven dollars and fifty cents only shall be charged.

      For one copy of any record, proceeding, or paper upon file in the office of the clerk, when such copy is made by him, per folio, thirty cents, and when such copy is not made by him, ten cents, and for each certificate thereto, one dollar; for each additional copy, one cent per folio additional.

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

      For making satisfaction of, or credit on, judgment, fifty cents.

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

      For filing and docketing abstract of judgment of a district court of another county, and for issuing execution thereon, two dollars and fifty cents.

      For all services in probate and guardianship proceedings up to and including the final settlement of the case, fifteen dollars (which shall include the court fee now provided by law), to be paid by the petitioner; provided, however, that for all services in probate proceedings in which the value of the estate is four hundred dollars, or less, no fee shall be charged (except the court fee now provided by law) for services up to and including the final settlement of the case.

      For filing a petition to contest any will or codicil or objections, or cross-petitions to the appointment of an executor, administrator, or guardian, or objection to the settlement of accounts, or any other proceeding in an estate or guardianship matter, seven dollars and fifty cents, to be paid by the moving or objecting party.

      For administering each oath or affirmation, without certificate (except in a pending action or proceeding, for which no charge shall be made), fifty cents.

      For taking any affidavit, except in pending suits, or in criminal cases, one dollar; if the affidavit be drawn by the clerk, thirty cents per folio additional.

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

      For taking acknowledgment of deeds, or other instruments, including certificate and seal, for the first name, one dollar, and for each subsequent name, twenty-five cents.

      For filing each claim in probate or insolvency proceedings, twenty-five cents, to be paid by the party making such claim.

      For issuing a marriage license, two dollars (one-half of which shall be paid to the county recorder for recording the certificate of marriage when returned to his office).

      For filing, indexing, and recording (when required by law) articles of incorporation and certificates of copartnership and of association, ten dollars; if not to be recorded, seven dollars and fifty cents.

      For filing, indexing, and recording any and all papers which are not herein otherwise provided for, three dollars.

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

      For recording and indexing any certificate or license issued by a state board, bureau, or department, one dollar.

      For issuing certified copies of naturalization papers (for use in land cases only), for the first papers, two dollars; for the final papers, four dollars, which said fees, as well as those allowed by law for services in relation to the location of, and settlement on, public lands, may be retained by the clerk and not accounted for.

      No fee shall be allowed to or charged by the clerk for any service rendered in any criminal case, nor against the state or county in any case wherein the state or county is a party plaintiff or defendant.

      In all proceedings begun or acts performed previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun, or acts performed, shall be charged and collected, until the termination thereof.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

Marriage licenses

Filing, etc., of corporate articles

No fees in criminal cases, etc.

Effective operation

Repeal

In effect

Preamble

Payment for book press for state printing office, $12,255

In effect

[Senate Bill No. 4–Senator Winters]

Chap. 33–An Act for the relief of the Miehle printing press and manufacturing company.

[Approved February 27, 1939]

      Whereas, There was an extension built to the Nevada state printing building during the year 1938, which was a PWA project, the state paying 55% and the federal government 45% of the cost; and

      Whereas, Included in the project is a new Brown folding machine; and

      Whereas, A new folding machine without an additional book press and cutter will not serve the purpose; and

      Whereas, The book press, folder, and cutter at present in use have had over thirty years of service; and

      Whereas, Printing has increased to such an extent in the Nevada state printing office it is impossible to make prompt delivery with the old equipment; and

      Whereas, The Miehle printing press and manufacturing company kindly consented to install what is known as a No. 46 unit book press, with automatic feeder and extension delivery, for the use of the 1939 legislative session, depending upon that body to make payment for the installation; and

      Whereas, The addition of a book press, folder, and cutter has made it possible for the pressroom of the Nevada state printing office to function satisfactorily for years to come; and

      Whereas, The superintendent of state printing has allowed to revert to the general fund during the past ten years $28,755, which was appropriated and not found necessary of expenditure during that period; and

      Whereas, The claim for the press has been presented to and acted upon favorably by the state board of examiners; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of twelve thousand, two hundred and fifty-five ($12,255) dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated to pay the said claim of the Miehle printing press and manufacturing company, and the state controller is directed to draw his warrant for the said amount in favor of said Miehle printing press and manufacturing company, and the state treasurer is directed to pay the same.

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

[Assembly Bill No. 86–Mr. Kennett]

Chap. 34–An Act to amend an act entitled “An act authorizing and empowering the several boards of county commissioners within the State of Nevada to fix the amount of expense money for traveling and subsistence per day of county and township officers, representatives, and employees while traveling on official business,” approved February 3, 1928.

[Approved February 27, 1939]

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, being section 2207 N. C. L., is hereby amended so as to read as follows:

      Section 1.  When any county or township officer or any employee of the county shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include his actual living expenses, not to exceed five dollars per day, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train or stage schedule or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed seven and one-half cents per mile so traveled.

      Any county or township officer presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his claim, and the county commissioners of the several counties of this state are hereby prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

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

County or township officers’ traveling expenses

Private conveyance

Repeal

In effect

Civil actions; parties defendant

Joinder

Relief by court

Joinder in case of doubt

Repeal

In effect

[Assembly Bill No. 39–Committee on Judiciary]

Chap. 35–An Act to amend section 57 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

[Approved February 27, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 57 of the above-entitled act, being section 8556 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 57.  Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.

      And in an action to determine the title or right of possession to real property which, at the time of the commencement of the action, is in the possession of a tenant, the landlord may be joined as a party defendant.

      All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities.

      It shall not be necessary that each defendant shall be interested as to all relief prayed for, or as to every cause of action included in any proceeding against him; but the court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceeding in which he may have no interest.

      Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, with the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined between the parties.

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

      Sec. 3.  This act shall be in full force and effect upon its passage and approval.

[Assembly Bill No. 45–Committee on Judiciary]

Chap. 36–An Act to amend section 295 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being section 8793 N. C. L. 1929.

[Approved February 27, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 295 of the above-entitled act, being section 8793 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 295.  An action may be dismissed, or a judgment of nonsuit entered, in the following cases:

      1.  By the plaintiff himself at any time before trial, upon the payment of costs, if a counterclaim has not been made or affirmative relief sought by the cross-complaint or answer of the defendant. The plaintiff as a condition to such dismissal shall pay to the clerk for the defendant such court fees as the defendant may have theretofore paid in such action to the clerk. If a provisional remedy has been allowed, the undertaking shall thereupon be delivered by the clerk to the defendant, who may have his action thereon.

      2.  By either party upon the written consent of the other.

      3.  By the court when the plaintiff fails to appear on the trial, and the defendant appears and asks for the dismissal.

      4.  By the court when upon trial and before the final submission of the case the plaintiff abandons it.

      5.  By the court, upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case for the court or jury. The dismissal mentioned in the first two subdivisions shall be made by an entry in the clerk’s register. Judgment may thereupon be entered accordingly. In every other case the judgment shall be rendered on the merits.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act shall become effective immediately upon its passage and approval.

Civil actions; dismissal and nonsuit

How entered, effect

Repeal

In effect

Traveling expenses; allowance when paid by state

Repeal

In effect

[Assembly Bill No. 84–Committee on Judiciary]

Chap. 37–An Act to amend an act entitled “An act authorizing and empowering the state board of examiners to fix the amount of expense money for traveling and subsistence charges per day of district judges, state officers, commissioners, representatives, and all other employees of the state who, under the law, are required to file their claims with the board of examiners for allowance and approval, and repealing all acts and parts of acts in conflict herewith, approved February 3, 1928,” as amended Statutes 1931, 204; 1933, 184, 185.

[Approved February 27, 1939]

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, being section 6943 Nevada Compiled Laws, as amended, Statutes 1931, 204; 1933, 184, 185, is hereby amended so as to read as follows:

      Section 2.  When any district judge, state officer, commissioner, or representative of the state, or other state employee shall be entitled to receive his necessary traveling expenses in the transaction of public business within the state, such expenses shall include his actual living expenses, not to exceed five dollars per day, but the amount allowed for traveling by a private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the board of examiners that travel by private conveyance is more economical or where it appears that, owing to train or stage schedule or for other reasons, travel by public conveyance is impractical or in case where a part of the route traveled is not covered by public conveyance, the board of examiners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed seven and one-half cents per mile so traveled.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

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

[Assembly Bill No. 104–Mr. Kennett]

Chap. 38–An Act to amend an act entitled “An act to provide for the appointment of guardians and to prescribe their duties,” approved March 11, 1899, as amended, by inserting a new section to be designated as section 17 1/2.

[Approved February 27, 1939]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act, being sections 9495 to 9543, inclusive, N. C. L. 1929, is hereby amended by inserting therein a new section to follow section 17, to be designated as section 17 1/2, which said section shall read as follows:

      Section 17 1/2.  Every guardian, with the approval of the court, may compromise any claim, controversy, debt, or lien against the estate, or property of the ward, or any suit brought against the guardian, as such, by the transfer of any part or all of the assets of the estate, or otherwise.

      To obtain such approval, the guardian shall file a verified petition with the clerk of the court showing the advantages of the contemplated compromise.

      The clerk shall set the petition for hearing by the court, and notice thereof shall be given for a period of at least two weeks, which said notice shall be published in a newspaper of general circulation within the county where the property so affected, or any part thereof, is situated, at least once a week for two successive weeks, and shall cause a notice of said hearing to be posted at the courthouse where the proceedings are pending, and there shall be personally served upon the person having actual custody of the minor, notice of said hearing, at least five days prior thereof, if the petitioning guardian is not that person, and said minor resides within the State of Nevada; if no newspaper is published within the county where said property, or some part thereof is situated, then notice may be given by posting only, in three public places in said county, together with the personal service as hereinbefore mentioned.

      If under this section the court authorizes the transfer of the real property or personal property, or either, of the estate, conveyances shall be executed by the guardian, and they must refer to the order authorizing the transfer, and a certified copy of such order must be recorded in the office of the recorder of the county in which the real property or personal property, or either, or any portion thereof, is situated. Conveyances so made convey all of the right, title, interest and estate of the ward in the premises at the time of the conveyances.

Guardians

Compromise

Authority from court

Procedure

Conveyance refers to order; copy of order recorded

Repeal

In effect

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

Hoisting engineers; classes of licenses

Qualifications for respective classes

[Senate Bill No. 6–Senator Gibson]

Chap. 39–An Act to amend an act entitled “An act providing for the issuance of licenses to hoisting engineers; providing a fee for such licenses; creating district boards of examiners; providing for revocation of licenses; creating the hoisting engineers’ license fund in the state treasury; making a temporary appropriation for carrying out the purposes of this act, and providing a penalty for violation of any of the provisions hereof,” approved March 22, 1921.

[Approved March 1, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 9 of the above-entitled act, being section 4265 N. C. L. of 1929, is hereby amended to read as follows:

      Section 9.  Licenses issued under this act shall be divided in three classes-namely, first-class, second-class, and third-class. No person shall be granted a first-class license who has not taken and subscribed to an oath that he has had at least two years’ experience in the operation of at least one of the engines named in section one of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery. Second-class licenses shall be divided into two classes-namely, single drum and double drum, and any person who otherwise meets the legal requirements for the issuance of the second-class license shall not be refused the same by reason of the fact that he has had experience in the operation of hoisting machinery of the single-drum type only; provided, that each second-class license, when granted, shall designate whether it be for the operation of hoisting machinery of the single-drum or double-drum type; provided further, that no person shall be granted a second-class license who has not taken and subscribed to an oath and proved to the satisfaction of the board of examiners that he has had at least one year’s experience and that he is competent to operate at least one of the engines named in section one of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery.

take charge of and operate such machinery. No person shall be granted a third-class license who has not taken and subscribed to an oath and proved to the satisfaction of the board of examiners that he has had sufficient experience and is competent to operate at least one of the engines named in section one of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery.

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

      Sec. 3.  This act shall become effective immediately upon its passage and approval.

Repeal

In effect

[Senate Bill No. 26–Senator Getchell]

Chap. 40–An Act to provide for an oil portrait of Richard Kirman, ex-governor of the State of Nevada.

[Approved March 1, 1939]

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

Assembly, do enact as follows:

      Section 1.  The sum of five hundred ($500) dollars is hereby appropriated, out of any money in the state treasury not otherwise appropriated, for the procuring of a portrait of Richard Kirman, ex-governor of the State of Nevada, to be painted in oil colors, after the style and finish of the other portraits of ex-governors not in the capitol corridor, and to be uniform in the size therewith. A committee composed of three (3) members of the senate, to be appointed by the president of the senate, shall procure the portrait herein provided for, which shall be selected by and approved by the members of the family of the former governor.

      Sec. 2.  Upon the completion of the painting of said portrait the committee shall have the same suitably framed, similar to the one of ex-governor Bradley, and subject to the approval of the members of the family of our former governor.

      Sec. 3.  Upon the delivery of said portrait to the secretary of state and its acceptance by the committee, the state controller is hereby directed to draw his warrant in favor of the artist employed for the sum of five hundred ($500) dollars, and the state treasurer is hereby directed to pay the same. The said sum of five hundred ($500) dollars to be payment in full for the said portrait and frame.

      Sec. 4.  This act shall be in full force and effect from and after its passage and approval.

Governor Kirman portrait

Frame

Payment for portrait, $500

In effect

Storey County clerk, fees

Plaintiff fees

Appeals

Defendant fees

Miscellaneous

On new trial motion

[Senate Bill No. 33–Senator Cobb]

Chap. 41–An Act fixing and establishing the fees to be charged in certain cases by the county clerk of Storey County and ex officio clerk of the First judicial district court of the State of Nevada.

[Approved March 1, 1939]

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

Assembly, do enact as follows:

      Section 1.  The county clerk of Storey County, Nevada, and ex officio clerk of the First judicial district court of the State of Nevada, in and for the county of Storey, shall charge and collect fees as follows; provided, however, that said clerk shall neither charge or collect any fees for services rendered to the State of Nevada, or Storey County, or any city or town within said county, or any officer thereof, in his official capacity:

      On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action, eleven dollars ($11), which shall include the court fee now provided by law.

      On an appeal to the district court, to be paid by the party taking such appeal, ten dollars ($10), which shall include the court fee now provided by law.

      On the appearance of any defendant, or any number of defendants, answering jointly, two dollars ($2). For each additional defendant appearing separately, two dollars ($2).

      For issuing an execution or order of sale in any action, one dollar ($1).

      For filing a notice of appeal and appeal bonds, one dollar ($1).

      For filing a complaint in intervention, five dollars ($5).

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

      On the filing of any notice or motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk, in full for all services to be rendered in connection with said motion, the sum of three dollars ($3).

      For all services performed in an action or proceeding which has been transferred from the district court of another county, ten dollars ($10); this fee shall be in full for all services rendered in such suit to and including the making of the judgment roll.

      On the filing of a petition for letters testamentary, or of administration or guardianship, fifteen dollars ($15), which shall include the court fee now provided by law; and provided further, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of one dollar ($1) for each one thousand dollars ($1,000) or major fraction thereof of the appraised value in excess of two thousand dollars ($2,000).

shall include the court fee now provided by law; and provided further, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of one dollar ($1) for each one thousand dollars ($1,000) or major fraction thereof of the appraised value in excess of two thousand dollars ($2,000).

      On filing a petition to contest any will, or codicil, five dollars ($5).

      For filing objections or cross-petitions to the appointment of an executor, administrator, or guardian, two dollars and fifty cents ($2.50).

      For filing each claim in probate proceedings, to be paid by the party filing the claim, twenty-five cents ($0.25).

      The clerk shall also charge and collect the following fees not above provided for:

      For a copy of any record or proceeding or paper on file in the office of the clerk, when such copy is made by him, twenty-five cents ($0.25) per folio.

      For examining and certifying to a copy of any paper or record, or proceeding, prepared by another and presented for his certificate, one dollar ($1) for the certificate, and ten cents ($0.10) per folio for comparing said copy with the original.

      For each certificate of the clerk under seal of the court, one dollar ($1).

      For filing and indexing articles of incorporation, two dollars and fifty cents ($2.50).

      For filing and indexing all certificates of copartnership, two dollars and fifty cents ($2.50).

      For filing and indexing all papers to be kept by him other than papers filed in actions and proceedings in court, and papers above enumerated, one dollar ($1); provided, that no fee shall be charged for filing official bonds of county or township officers.

      For making satisfaction of or credit on judgment, fifty cents ($0.50).

      For administering each oath, without certificate, except in an action on trial in court, fifty cents ($0.50).

      For taking an affidavit or acknowledgment, one dollar ($1).

      For taking and approving undertaking and justification thereof, one dollar ($1).

      For filing remittitur from supreme court, one dollar ($1).

      For searching files in his office for each year, fifty cents ($0.50).

      The clerk shall also charge and collect all other fees provided by law, not above enumerated or constituting a part of proceedings instituted in the district court of Storey County; provided further, that no fees shall be charged or collected in criminal proceedings.

Probate and guardianship

Copies

Certificate with seal

Corporate articles

Giving oaths

Other lawful fees

Court fee included

Pay over fees

Repeal

In effect

Proviso

Effective operation

      Sec. 2.  The foregoing fees shall include the fees provided for and known as “special court fees” in sections 2961 and 2962 of Nevada Compiled Laws 1929.

      Sec. 3.  The clerk shall, on the first Monday of each and every month, pay to the county treasurer the amount of all fees charged by the said clerk during the next preceding month.

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

      Sec. 5.  This act shall take effect upon its passage and approval; provided, that in all proceedings begun previous to this act becoming a law such fees and charges as were provided by law at the time such action or proceeding was commenced shall be charged and collected until the termination thereof.

Cole-Malley fund covered into treasury

In effect

[Senate Bill No. 38–Committee on Ways and Means]

Chap. 42–An Act relating to the fiscal affairs of the State of Nevada.

[Approved March 1, 1939]

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

Assembly, do enact as follows:

      Section 1.  The state controller is hereby authorized to draw his warrant in favor of the state treasurer in the amount of $29,917.50, and charge the same against the Malley-Cole deficiency fund.

      Sec. 2.  All moneys received after February 8, 1939, by the state treasurer which result from accruals to the Malley-Cole deficiency fund, from tax levies or from accruals of any nature whatsoever, shall be placed in the general fund.

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

Closed bank deficiency fund covered into treasury

[Senate Bill No. 39–Committee on Ways and Means]

Chap. 43–An Act relating to the fiscal affairs of the State of Nevada.

[Approved March 1, 1939]

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

Assembly, do enact as follows:

      Section 1.  The state controller is hereby authorized to draw his warrant in favor of the state treasurer in the amount of $85,748.80 and charge the same against the special general fund, also known as the closed banks deficiency fund.

      Sec. 2.  The state controller is hereby authorized to transfer any balance in said fund to the general fund.

      Sec. 3.  All moneys received after February 8, 1939, by the state treasurer which result from accruals to the special general fund, from tax levies or from accruals of any nature whatsoever, shall be placed in the general fund.

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

In effect

[Senate Bill No. 40–Committee on Ways and Means]

Chap. 44–An Act relating to the fiscal affairs of the State of Nevada.

[Approved March 1, 1939]

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

Assembly, do enact as follows:

      Section 1.  The state controller is hereby authorized to transfer $6,523.54 from the University of Nevada bond redemption fund to the general fund.

      Sec. 2.  Any moneys received by the state treasurer which result from tax levies or accruals of any nature whatsoever for the University of Nevada bond redemption fund after February 9, 1939, shall be placed in the general fund.

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

University bond redemption fund covered into treasury

In effect

[Assembly Bill No. 127–Washoe County Delegation]

Chap. 45–An Act authorizing and empowering the board of county commissioners of Washoe County, State of Nevada, to convey a certain parcel of real estate to the United States of America and reserving to the State of Nevada civil and criminal jurisdiction and the right of taxation thereon.

[Approved March 4, 1939]

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 and granted the power to dispose, transfer and convey to the United States of America, with or without compensation and upon such terms as said board may determine, the following-described lands situate in said Washoe County, Nevada, to wit: Commencing at the intersection of the north and south line on the east side of the NW 1/4 of SE 1/4 of section 12, T. 19 N., R. 19 E., M. D. B. & M., and the south side of Second street as extended through the east city limits of Reno, Nevada; thence southerly along the east line of the NW 1/4 of SE 1/4,

Washoe County, lands of; authority for conveyance to U. S.

For a public use

Tax power and jurisdiction retained

In effect

as extended through the east city limits of Reno, Nevada; thence southerly along the east line of the NW 1/4 of SE 1/4, section 12, 726 feet; thence westerly paralleling said Second street 300 feet; thence northerly paralleling the east line of the NW 1/4 of SE 1/4, section 12, 726 feet, to the south side of said Second street; thence easterly along the south side of said Second street 300 feet to the place of commencing, containing 5.00 acres, more or less, for and in consideration of the agreement by the United States Government to construct a garage and repair shop thereon to be used by the various governmental agencies of the United States and to maintain the same; provided, however, that said conveyance shall be conditioned that the land conveyed shall be for a public use; and provided further, that the State of Nevada reserves the right to tax persons and corporations and their property situate on said lands pursuant to its tax and revenue laws, and said state hereby retains its civil and criminal jurisdiction over all persons within or who may come within any of the said lands except as to offenses against the United States, and all such persons shall retain all their rights and privileges and perform their duties as citizens and inhabitants of the state according to its law.

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

Esmeralda County; transfer from interest and sinking fund

In effect

[Assembly Bill No. 130–Mr. Fee]

Chap. 46–An Act authorizing and empowering the county commissioners of Esmeralda County, Nevada, to transfer certain sums of money from the “Interest and Sinking Fund” of such county to the “County Road Fund” of said county, and other matters properly connected therewith.

[Approved March 4, 1939]

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 county commissioners of Esmeralda County, Nevada, are hereby authorized and empowered to transfer from the “Interest and Sinking Fund” of said county to the “County Road Fund” of said county all sums of money now remaining in said “Interest and Sinking Fund.”

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

[Assembly Bill No. 8–Committee on Banks and Banking]

Chap. 47–An Act to amend the title of and to amend an act entitled “An act to authorize banks, building and loan associations, insurance companies, the State of Nevada, and any city or county or instrumentality thereof, and other financial institutions to make and insure loans, advances of credit and purchases in accordance with the provisions of an act of Congress entitled ‘National Housing Act,’ approved by the president on June twenty-seven, nineteen hundred thirty-four, and the amendments thereto, to exempt such loans, advances of credit and purchases from the application of general statutes, articles of incorporation and bylaws, and to confirm and validate prior transactions, and permitting the use of such loans, advances of credit and purchases as security by any depositary of public funds and as other collateral,” as amended and approved March 17, 1937.

[Approved March 4, 1939]

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

Assembly, do enact as follows:

      Section 1.  The title of the above-entitled act, being chapter 75 of the Statutes of 1937, approved March 17, 1937, is hereby amended to read as follows: An act to authorize banks, trust companies, building and loan associations, insurance companies, trustees, executors, administrators, guardians, and other fiduciaries, the State of Nevada and any city or county or instrumentality thereof, and other financial institutions, to make and insure loans, advances of credit and purchases as are eligible for insurance by the federal housing administrator, and to invest in securities of national mortgage associations and in debentures issued by the federal housing administrator, to exempt such loans, advances of credit and purchases from the application of general statutes, articles of incorporation and bylaws, and to confirm and validate prior transactions, and permitting the use of such loans, and other securities as security by any depositary of public funds, and as other collateral.

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

      Section 1.  Subject to such regulations as may be prescribed by the federal housing administrator, banks, trust companies, building and loan associations, insurance companies, trustees, executors, administrators, guardians, and other fiduciaries, the State of Nevada and any city or county or instrumentality thereof, and other financial institutions, are authorized:

      (a) To make such loans and advances of credit, and purchases of obligations representing the loans and advances of credit, as are eligible for insurance by the federal housing administrator, and to obtain such insurance.

State act affecting national housing projects; title amended

Authority and permission given certain agencies and persons

Loans and investments

Eligible collateral

In effect

credit, as are eligible for insurance by the federal housing administrator, and to obtain such insurance.

      (b) To make such loans secured by mortgage on real property as are eligible for insurance by the federal housing administrator, and to obtain such insurance.

      (c) To purchase, invest in, and dispose of notes or bonds secured by mortgage insured by the federal housing administrator, securities of national mortgage associations, and debentures issued by the federal housing administrator.

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

      Section 4.  Wherever collateral must or may be furnished by any depositary of the State of Nevada as security for the deposit of any funds whatsoever, or wherever collateral must or may be deposited with any official of the State of Nevada pursuant to any statute of this state, notes and bonds insured and debentures issued by the federal housing administrator and obligations of national mortgage associations shall be considered eligible collateral for such purposes.

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

University regents authorized to convey certain property

[Assembly Bill No. 96–Mr. Brooks]

Chap. 48–An Act authorizing and directing the board of regents of the University of Nevada to deliver a deed for certain property to Robert R. Prescott of Washoe County, Nevada.

[Approved March 6, 1939]

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

Assembly, do enact as follows:

      Section 1.  Upon the payment of seventy-five ($75) dollars to the board of regents of the University of Nevada by Robert R. Prescott of Washoe County, Nevada, the board of regents of the University of Nevada are hereby authorized and directed to make, execute, and deliver to Robert R. Prescott of Washoe County, Nevada, a good and sufficient deed to the following-described real estate situated in Washoe County, Nevada, subject, however, to the right-of-way of the Orr Ditch and Water Company through and across said property and subject to all rights of said Orr Ditch and Water Company to enter upon said property to maintain, clean, and repair said ditch:

      A certain parcel or strip of land which lies and is within the SE 1/4 of section 2, T. 19 N., R. 19 E., M. D. B. & M., and more fully described as follows to wit:

      Commencing at the south 1/4 section corner of section 2, T. 19 N., R. 19 E., Mt. Diablo Base and Meridian; thence running N. 23° 50′ E. 698.9 feet; thence N. 76° 12′ E. 1059.7 feet; thence N. 62° 48′ E. 148.3 feet; thence N. 35° 34′ E. 377.9 feet along the northwesterly side of Evans avenue to the point of beginning of the parcel of land to be hereinafter described, said point of beginning being about 135 feet along the northwesterly side of Evans avenue from the Evans avenue bridge over the Orr ditch; thence from said point of beginning N. 35° 34′ E. 28.1 feet to the extreme east corner of that portion of the University of Nevada grounds lying along and adjacent to the northwesterly side of Evans avenue; thence N. 17° 07′ W. 97 feet to the south bank of the Orr ditch; thence S. 68° 28′ W. 33.53 feet; thence S. 22° 48′ E. 112.0 feet to the point of beginning; said parcel of ground lying entirely in the SE 1/4 of section 2, T. 19 N., R. 19 E., M. D. B. & M., and in the city of Reno, Nevada, and containing approximately .068 acre.

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

Description of property

In effect

[Assembly Bill No. 202–Lyon County Delegation]

Chap. 49–An Act to authorize the board of county commissioners of Lyon County to transfer money from the general fund as an emergency loan to unincorporated towns situated in Lyon County in certain cases, and providing for the repayment thereof to said general fund.

[Approved March 6, 1939]

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

Assembly, do enact as follows:

      Section 1.  Any unincorporated town in Lyon County, State of Nevada, which has or which may hereafter authorize a temporary loan for the purpose of meeting any great necessity or emergency, and after the approval of such emergency resolution by the state board of finance, may apply to the board of county commissioners of Lyon County for a transfer from the general fund of the county money sufficient to handle said emergency; and upon such application being made the board of county commissioners of Lyon County may, when in its judgment the fiscal affairs of the county can be carried on without impairment, and there is sufficient money in the general fund of the county, authorize a transfer of and loan from said general fund of the county money sufficient to handle said emergency.

      Sec. 2.  Repayment of emergency loans to the general fund of Lyon County shall be made within four years,

Lyon County commissioners authorized to loan general funds to towns in county

Repayment; tax levy required

In effect

of Lyon County shall be made within four years, it being hereby made the duty of the governing board of any unincorporated town which has created any emergency indebtedness to levy a tax sufficient to pay the same over a period of not to exceed four years, which shall be designated “Town of..........................Emergency Tax,” the proceeds of which shall be placed in an emergency fund in the treasury of the county and used solely for the purpose of maturing and redeeming the emergency loan for which the same is levied.

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

County boards of education; traveling and living expenses

Provisos

Repeal

In effect

[Senate Bill No. 17–Senator Bell]

Chap. 50–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended, by inserting a new section to be designated as section 178a.

[Approved March 6, 1939]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act, being sections 5650 to 5867 N. C. L. of 1929, is hereby amended by inserting a new section thereto to be designated as section 178a, to follow immediately after section 178, to read as follows:

      Section 178a.  Members of county boards of education shall be allowed their traveling expenses at the rate of seven and one-half cents per mile in traveling each way from and to their homes to and from the place where board meetings are held, and shall be allowed their actual living expenses necessarily incurred while in attendance at such board meetings at not to exceed $4 per day while in actual attendance, which said mileage and per diem shall be allowed and paid in like manner as are other claims against the county high school fund; provided, no mileage or per diem for living expenses shall be allowed or paid to members residing not more than five miles from the place where board meetings are held; provided further, no mileage or per diem for living expenses shall be allowed or paid to any member for more than ten days’ attendance at board meetings in any one fiscal year.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

[Senate Bill No. 57–Senator Wittenberg]

Chap. 51–An Act empowering, authorizing, and directing the board of county commissioners of Nye County, State of Nevada, acting as the town board of the town of Tonopah, an unincorporated town, in Nye County, State of Nevada, to make, execute, and deliver to the United States of America a deed in fee simple to certain real estate within the limits of said town of Tonopah, Nye County, State of Nevada, for the purpose of erection thereon of a post office and federal building, and for such other and further uses in connection therewith as may be proper, and other matters properly relating thereto.

[Approved March 10, 1939]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of Nye County, State of Nevada, acting as the town board of the town of Tonopah, an unincorporated town, in Nye County, State of Nevada, through its proper officers, is hereby empowered, authorized, and directed to make, execute, and deliver, upon such terms as may be agreed upon, to the United States of America, for the purpose of erection thereon of a post office and federal building and for other purposes, a good and sufficient deed conveying to the United States of America in fee simple absolute, subject to certain mining rights as reserved in said land, the following-described real property, situate within the limits of the town of Tonopah, Nye County, State of Nevada, to wit:

      All of lot 7 of block D of the said town of Tonopah, Nye County, State of Nevada, now being used as a street and being a part of Bryan avenue of said town of Tonopah, Nye County, State of Nevada, also a portion of St. Patrick street, being approximately 10 feet of St. Patrick street of the said town of Tonopah, Nye County, State of Nevada, and being that certain footage to a depth of approximately 10 feet of said St. Patrick street, as adjoins and extends along the westerly ends of lots 5, 6, 7, and 5 feet of lot 8, all in block D of the said town of Tonopah, Nye County, State of Nevada, as shown and delineated upon the Walter C. Gayhart survey plat of said town of Tonopah, Nye County, State of Nevada, on file in the office of the county recorder of Nye County, State of Nevada, and as shown and delineated upon the W. V. Richardson survey map of said town of Tonopah, Nye County, State of Nevada, as approved by the board of county commissioners of Nye County, State of Nevada, on July 2, 1907.

Tonopah post office; deed for site

Repeal

In effect

      Sec. 2.  All acts or parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act shall become effective from and after its passage and approval.

Tonopah post office lands; consent to transfer

Description of property

[Senate Bill No. 52–Senator Wittenberg]

Chap. 52–An Act ceding to the United States jurisdiction of this state over certain lands acquired by the United States for a post-office site at Tonopah, Nevada.

[Approved March 10, 1939]

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

Assembly, do enact as follows:

      Section 1.  The consent of the State of Nevada is hereby given in accordance with the seventeenth clause, eighth section of the first article of the constitution of the United States, to the acquisition by the United States of the following-described land in this state as the site for a post office and federal building in the town of Tonopah, Nye County, State of Nevada:

      Beginning at a point on the westerly side of Main street, town of Tonopah, Nye County, State of Nevada, said point being the southeast corner of block D, as shown and delineated on the Walter C. Gayhart survey plat of said town of Tonopah, Nye County, State of Nevada, on file in the office of the county recorder of Nye County, State of Nevada, and as shown and delineated on the W. V. Richardson survey map of said town of Tonopah, Nye County, State of Nevada, as approved by the board of county commissioners July 2, 1907; thence north forty-eight degrees eleven minutes west one hundred twenty feet to the southeast corner of lot number five of said block D, which is the southeast corner of the proposed site for the post office and federal building; thence north forty-eight degrees eleven minutes west ninety feet to the northeast corner of the proposed site for the post office and federal building, said northeast corner being located in lot eight of said block D; thence south forty-one degrees forty-nine minutes west one hundred ten feet to the northwest corner of the proposed site for the post office and federal building; thence south fifty-one degrees twelve minutes east ninety feet to the southwest corner of the proposed site for the post office and federal building; thence north forty-one degrees forty-nine minutes east one hundred six feet to the southeast corner of the proposed site for the post office and federal building, the place of beginning; being a tract of land on the westerly side of Main street of the town of Tonopah, Nye County, State of Nevada, with a frontage of approximately ninety feet on Main street, extending westwardly one hundred ten feet to the easterly side of St. Patrick

land on the westerly side of Main street of the town of Tonopah, Nye County, State of Nevada, with a frontage of approximately ninety feet on Main street, extending westwardly one hundred ten feet to the easterly side of St. Patrick street of said town of Tonopah, Nye County, State of Nevada; also being described as lots 5, 6, 7, and easterly five feet of lot 8, in block D, town of Tonopah, county of Nye, State of Nevada, and a portion, to wit, approximately ten feet of St. Patrick street of the said town of Tonopah, Nye County, State of Nevada, and being that certain footage to a depth of approximately ten feet of said St. Patrick street, as adjoins and extends along the westerly ends of said lots 5, 6, 7, and five feet of lot 8, all in block D.

      Sec. 2.  The exclusive jurisdiction in all the land described is hereby ceded to the United States for all purposes except the service thereon of all civil and criminal processes of the courts of this state, but the jurisdiction so ceded shall continue no longer than the said United States shall own such land; and so long as the said land shall remain the property of the United States and no longer, the same shall be exempt and continue exempt and exonerated from all state, county, and municipal assessments, taxation, or other charges which may be levied or imposed under the authority of this state.

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

      Sec. 4.  This act shall be in full force and effect from and after its passage and approval.

Description of property

Jurisdiction ceded; conditions

Repeal

In effect

[Senate Bill No. 43–Committee on Ways and Means]

Chap. 53–An Act directing the state board of control to purchase additional chairs for the legislative chambers, and making an appropriation therefor.

[Approved March 10, 1939]

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

Assembly, do enact as follows:

      Section 1.  The state board of control is hereby directed to purchase additional chairs for the legislative chambers.

      Sec. 2.  The sum of four hundred ($400) dollars, or so much thereof as may be required to carry out the provisions of section 1, is hereby appropriated out of any funds not otherwise appropriated.

Chairs for legislators

Preamble

Rebate on taxicab licenses

In effect

[Assembly Bill No. 59–Mr. Brown]

Chap. 54–An Act to provide for the reimbursement of certain persons for the payment of licenses that were reduced after the payment thereof.

[Approved March 10, 1939]

      Whereas, The legislature of the State of Nevada, thirty-eighth session, lowered the license rates for taxicab licenses to the flat rate of twenty-five ($25) dollars; and

      Whereas, Under the then existing law it was necessary for all taxicab owners to pay their licenses previous to the passage of said act; and

      Whereas, Thereby each person in the State of Nevada who had paid his license required by the prior law is entitled to be reimbursed for three-fourths (3/4) of the amount of the reduction as between the license rate of 1936 and the license law now enacted; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  Every person in the State of Nevada having prior to the date of said enactment paid a license under the provisions of the then existing law for the entire period of 1937 shall be entitled to file with the public service commission of the State of Nevada his statement and affidavit thereto setting out the amount of the tax paid and the amount subject to reimbursement by reason of the enactment by the thirty-eighth session.

      Sec. 2.  Upon the receipt of such statements by the public service commission of the State of Nevada and a determination in said office of the specific sum to which any applicant may be entitled as a refund, the public service commission of the State of Nevada is hereby directed to certify the same to the state controller of the State of Nevada, and the state controller is directed to draw his warrant upon the treasurer of the State of Nevada for the sum to which the applicant is certified to be entitled, and the treasurer is hereby directed to pay the same out of state highway funds in the state treasury not otherwise especially appropriated.

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

[Assembly Bill No. 111–Mr. Richard]

Chap. 55–An Act to repeal an act entitled “An Act providing for the payment of bounties for the destruction and eradication of predatory animals, prescribing the manner of payment, providing for cooperation with the federal government in such eradication by bounty payments, other matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” enacted pursuant to direct vote of the people, general election, November 6, 1934.

[Approved March 10, 1939]

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

Assembly, do enact as follows:

      Section 1.  That certain act entitled “An act providing for the payment of bounties for the destruction and eradication of predatory animals, prescribing the manner of payment, providing for cooperation with the federal government in such eradication by bounty payments, other matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” enacted pursuant to direct vote of the people, general election, November 6, 1934, same being chapter 2 Statutes of Nevada 1935, is hereby repealed.

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

Animal bounty; repeal

In effect

[Assembly Bill No. 237–Washoe County Delegation]

Chap. 56–An Act to empower county commissioners of counties in the State of Nevada having a population of fifteen thousand or more to employ a county statistician and appraiser, defining his duties, and authorizing the county commissioners to fix his compensation and such other matters pertaining thereto.

[Approved March 10, 1939]

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

Assembly, do enact as follows:

      Section 1.  The county commissioners of any county in the State of Nevada having a population of fifteen thousand or more are hereby empowered to employ a county statistician whose duties shall be to gather such statistics as are required for the board of county commissioners to enable them to properly obtain appraisals and data required by them in the discharge of their duties as county commissioners, and as a board of equalization, and in the performance of such other duties as are conferred upon them by law, and to fix his salary in such sum or sums as they may deem just and proper, not to exceed two hundred ($200) dollars per month, which said salary shall be paid from the general fund of the county as being approved and audited as required by law.

Appraisers; employment in certain counties

Repeal

In effect

and proper, not to exceed two hundred ($200) dollars per month, which said salary shall be paid from the general fund of the county as being approved and audited as required by law.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act is declared to be an emergency measure. This act shall take effect and be in full force from and after its passage and approval.

City and county fire risk protection

Written agreements

In effect

[Assembly Bill No. 238–Washoe County Delegation]

Chap. 57–An Act authorizing county commissioners in the various counties of the State of Nevada to cooperate with city fire departments for the protection of property and the prevention of fires; providing for the funds necessary therefor, and defining the duties of city councils and boards of county commissioners in relation thereto.

[Approved March 10, 1939]

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

Assembly, do enact as follows:

      Section 1.  The county commissioners of the various counties of this state, wherein are located city fire departments, are hereby authorized and empowered to enter into cooperative agreements with the city council of the respective cities, whereby the city fire department may be enabled to use its personnel and equipment, upon such terms and agreements, and within such areas within said county beyond the city limits of the city concerned, as may be determined, for the protection of property and for the prevention and suppression of fire.

      Sec. 2.  The expenses incident and necessary for the participation of counties in such agreements with cities, as provided in section 1 hereof, shall be paid out of the general fund of such counties, and the county commissioners of any county acting under the terms of this act shall annually, at the time of making its budget, make an estimate of the expenses necessary to carry out its agreement, under the provisions of this act, and budget the same in all respects as other items of the budget may be made.

      Sec. 3.  All agreements for cooperation between counties and cities in pursuance of this act shall be evidenced by written agreements made and entered into by the city council and the county commissioners interested, and the same shall be spread upon the minutes of the meetings of each of said bodies at the time of the adoption thereof.

      Sec. 4.  This act shall be in full force and effect from and after its passage and approval.

[Assembly Bill No. 123–Mr. Loomis]

Chap. 58–An Act prohibiting the use of certain canes, except by blind persons, providing protection against accidents to such persons, and providing penalties for violations thereof.

[Approved March 10, 1939]

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

Assembly, do enact as follows:

      Section 1.  No person, except those wholly or partially blind, shall carry or use on any street, highway, or in any other public place a cane or walking stick which is white in color, or white tipped with red.

      Sec. 2.  Any pedestrian who is not wholly or partially blind, or any driver of a vehicle who approaches or comes in contact with a person wholly or partially blind, carrying a cane or walking stick white in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person wholly or partially blind.

      Sec. 3.  Any person other than a person wholly or partially blind who shall carry a cane or walking stick such as is described in this act, contrary to the provisions of this act, or who shall fail to heed the approach of a person carrying such a cane as is described by this act, or who shall fail to come to a stop upon approaching or coming in contact with a person so carrying such a cane or walking stick, or who shall fail to take precaution against accident or injury to such a person after coming to a stop, as provided for herein, is guilty of a misdemeanor.

      Sec. 4.  This act shall be in full force and effect from and after its passage and approval.

White cane reserved for blind

Penalty

In effect

[Assembly Bill No. 50–Committee on Judiciary]

Chap. 59–An Act to amend sections 358, 359, and 360 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended, being sections 8856, 8857, and 8858 N. C. L. 1929.

[Approved March 10, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 358 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended, being section 8856 of N. C. L. 1929,

Judicial sales; redemption liens protected

Successive redemption

Conveyance, when given

as amended, being section 8856 of N. C. L. 1929, be and the same is hereby amended so as to read as follows:

      Section 358.  The judgment debtor or redemptioner may redeem the property from the purchaser any time within one year after the sale on paying the purchaser the amount of his purchase price with one percent per month thereon in addition, to the time of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after purchase, and interest on such amount; and if the purchaser be also a creditor, having a prior lien to that of the redemptioner, other than the judgment under which said purchase was made, the amount of such lien, with interest.

      Sec. 2.  Section 359 of the above-entitled act is hereby amended so as to read as follows:

      Section 359.  If property be so redeemed by a redemptioner, another redemptioner may, within sixty days after the last redemption, again redeem it from the last redemptioner on paying the sum paid on such last redemption with two percent thereon in addition, and the amount of any assessments or taxes which the last redemptioner may have paid thereon after the redemption by him, with interest on such amount, and in addition the amount of any liens held by said last redemptioner prior to his own, with interest; but the judgment under which the property was sold need not be so paid as a lien. The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner within sixty days after the last redemption, on paying the sum paid on the last previous redemption, with two percent thereon in addition, and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest. Written notice of redemption must be given to the sheriff and a duplicate filed with the recorder of the county; and if any taxes or assessments are paid by the redemptioner, or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the sheriff and filed with the recorder; and if such notice be not filed, the property may be redeemed without paying such tax, assessment, or lien. If no redemption be made within one year after the sale, the purchaser, or his assignee, is entitled to a conveyance; or if so redeemed, whenever sixty days have elapsed, and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a sheriff’s deed; but in all cases the judgment debtor shall have the entire period of one year from the date of the sale to redeem the property.

have the entire period of one year from the date of the sale to redeem the property. If the judgment debtor redeem, he must make the same payments as are required to effect a redemption by a redemptioner. If the debtor redeem, the effect of the sale is terminated, and he is restored to his estate. Upon a redemption by the debtor, the person to whom the payment is made must execute and deliver to him a certificate of redemption, acknowledged or approved before an officer authorized to take acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the office of the recorder of the county in which the property is situated, and the recorder must note the record thereof in the margin of the record of the certificate of sale.

      Sec. 3.  Section 360 of the above-entitled act is hereby amended to read as follows:

      Section 360.  The payments mentioned in the last two sections may be made to the purchaser or redemptioner, or for him, to the officer who made the sale. When the judgment under which the sale has been made is payable in a specified kind of money or currency, payments must be made in the same kind of money or currency, and a tender of the money is equivalent to payment. A redemptioner must serve with his notice to the sheriff or the person from whom he seeks to redeem and serve with his notice to the sheriff:

      1.  A copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the court or of the county where the judgment is docketed, or, if he redeems upon a mortgage or other lien, a note of the record thereof, certified by the recorder.

      2.  A copy of any assignment necessary to establish his claim, verified by the affidavit of himself, or his agent, or of a subscribing witness thereto.

      3.  An affidavit by himself, or his agent, showing the amount then actually due on the lien.

      Upon the payment to the sheriff of any money for the redemption of property, as provided in this act, the sheriff shall pay over the same to the person entitled thereto.

      Sec. 4.  All acts or parts of acts insofar as they may be in conflict with this act are hereby repealed.

      Sec. 5.  This act shall be in full force and effect from and after its passage and approval.

Payment of redemption money

Notice; contents of

Repeal

In effect

Support for university assaying service

In effect

[Senate Bill No. 9–Senator Getchell]

Chap. 60–An Act to amend section 5 of an act entitled “An act supplemental to an act entitled ‘An act relating to the state university and matters properly connected therewith,’ approved February 7, 1887, approved March 16, 1895,” as amended in 1925 and 1933.

[Approved March 13, 1939]

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, being chapter 117, page 148, of the Statutes of Nevada 1933, is hereby amended to read as follows:

      Section 5.  For the purpose of carrying out the provisions of this act, there is hereby appropriated out of the general fund of the State of Nevada the sum of three thousand ($3,000) dollars, for the biennium from June 30, 1939, to June 30, 1941, to be paid out upon the order of the president of the University of Nevada, and allowed as other claims against the State of Nevada.

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

G. A. R. graves; care of

[Senate Bill No. 48–Senator Winters]

Chap. 61–An Act making an annual appropriation of one hundred fifty ($150) dollars for the watering and care of the Grand Army of the Republic cemetery at Carson City, Nevada, and providing funds for the purchase of flags for decorating the graves therein.

[Approved March 13, 1939]

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

Assembly, do enact as follows:

      Section 1.  The sum of one hundred and fifty ($150) dollars annually is hereby appropriated, out of any money in the general fund not otherwise appropriated, for the purpose of watering and caring for the Grand Army of the Republic cemetery at Carson City, Nevada, and providing funds for the purchase of flags for decorating the graves therein.

      Sec. 2.  Annually on the first Monday in September each year hereafter, the state board of examiners shall audit and allow to the treasurer of Custer Relief Corps No. 15, at Carson City, Nevada, the sum of one hundred and fifty ($150) dollars on the filing with said board of examiners by said relief corps treasurer the claims and sworn statement that the amount has been expended as provided in section 1 of this act.

      Sec. 3.  The state controller is hereby authorized and required to draw his warrants in favor of said relief corps treasurer for the sum named in this act, and the state treasurer is hereby authorized and required to pay the same.

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

      Sec. 5.  This act shall become effective from and after its passage and approval.

Repeal

In effect

[Senate Bill No. 112–Senator Robbins]

Chap. 62–An Act to create an additional legislative fund.

[Approved March 13, 1939]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, an additional sum of fifteen thousand dollars ($15,000) which shall constitute an additional legislative fund.

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

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

      Sec. 4.  This act shall be in full force and effect immediately on its passage and approval.

Legislative fund supplement

Reversion

In effect

[Senate Bill No. 41–Senator Wittenberg]

Chap. 63–An Act to provide further clerical and typist help for the office of the state controller, and make appropriation therefor.

[Approved March 14, 1939]

      Whereas, By reason of the enactment of the social security act by the legislature of 1937, a vast amount of work was forced upon the state controller, in addition to the regular office duties, in caring for the old-age assistance payments, unemployment payments, and all the other divisions set up by such social security act; and

Preamble

State controller; typist for

In effect

unemployment payments, and all the other divisions set up by such social security act; and

      Whereas, Further, by reason of the above-stated facts the present force of the state controller’s office is inadequate to promptly and efficiently handle the various matters having to pass through this office; therefore, be it enacted:

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

Assembly, do enact as follows:

      Section 1.  The state controller is hereby authorized to employ an additional clerk-typist to partly relieve the present force in the caring for this additional burden, at a salary not to exceed eighteen hundred ($1,800) dollars per annum, payable in twelve (12) equal monthly installments, and there is hereby appropriated for the above purpose, out of any funds not otherwise appropriated, the sum of thirty-six hundred ($3,600) dollars for the biennium beginning July 1, 1939, and ending June 30, 1941.

      Sec. 2.  This act shall be in effect from the date of its passage and approval.

Insurance companies; tax on premiums

[Senate Substitute for Assembly Bill No. 52–Committee on Ways and Means]

Chap. 64–An Act to amend an act entitled “An act relating to insurance companies, providing a tax on premiums thereof, and other matters relating thereto,” approved March 28, 1933.

[Approved March 14, 1939]

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, being chapter 88 Statutes of Nevada 1933, is hereby amended to read as follows:

      Section 1.  Every insurance company or association of whatsoever description, except fraternal or labor insurance companies, or societies, operating through the means of a lodge system, or systems, doing an insurance business in this state, shall annually pay to the state controller, as insurance commissioner of the State of Nevada, a tax of two (2%) percent upon the total premium income from all classes of business covering property or risks located in this state during the next preceding calendar year, less return premiums and premiums received for reinsurance on such property or risks; provided, that there shall be deducted from such tax on premiums the amount of any county and municipal taxes paid by such companies or associations on real estate owned by them in this state; provided further, that the amounts of annual licenses paid by such companies or associations upon each class of business licensed annually shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid.

paid by such companies or associations on real estate owned by them in this state; provided further, that the amounts of annual licenses paid by such companies or associations upon each class of business licensed annually shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

Repeal

In effect

[Assembly Bill No. 168–Mr. Richard]

Chap. 65–An Act to provide further clerical and typist help for the office of the state treasurer, and make appropriation therefor.

[Approved March 14, 1939]

      Whereas, By reason of the enactment of the social security act by the legislature of 1937, a vast amount of work was forced upon the state treasurer, in addition to the regular office duties, in caring for the old-age assistance payments, unemployment payments, and all the other divisions set up by such social security act; and

      Whereas, Further, by reason of the above-stated facts, the present force of the state treasurer’s office is inadequate to promptly and efficiently handle the various matters having to pass through this office; therefore, be it enacted:

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

Assembly, do enact as follows:

      Section 1.  The state treasurer is hereby authorized to employ an additional clerk-typist to partly relieve the present force in the caring for this additional burden, at a salary not to exceed fifteen hundred ($1,500) dollars per annum, payable in twelve (12) equal monthly installments, and there is hereby appropriated for the above purpose, out of any funds not otherwise appropriated, the sum of three thousand ($3,000) dollars for the biennium beginning July 1, 1939, and ending June 30, 1941.

      Sec. 2.  This act shall be in effect from the date of its passage and approval.

Preamble

Treasurer; typist for

In effect

Execution; property reached

Spendthrift trusts exempted

Repeal

[Senate Bill No. 69–Senator Dressler]

Chap. 66–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, in respect of section three hundred forty-five thereof (N. C. L. 8843), and to repeal all other acts in conflict herewith.

[Approved March 14, 1939]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act is hereby amended, in respect of section 345 thereof, by amending said section 345 so as to make said section read as follows, to wit:

      Section 345.  All goods, chattels, moneys, and other property, real and personal, of the judgment debtor, or any interest therein of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action, shall be liable to execution. Shares and interests in any corporation or company, and debts and credits and other property not capable of manual delivery, may be attached in execution, in like manner as upon writs of attachments. Gold dust and bullion shall be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property shall not be affected by the execution. This act does not authorize the seizure of, or other interference with, any money, thing in action, lands, or other property held in spendthrift trust for a judgment debtor, or held in such trust for any beneficiary, pursuant to any judgment, order or process of any bankruptcy or other court directed against any such beneficiary or his trustee, where the trust has been created by, or the fund so held in trust has proceeded from, any person other than the judgment debtor or beneficiary himself.

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

[Assembly Bill No. 135–Committee on Livestock]

Chap. 67–An Act to provide for cooperation of state and county officers and agencies with the federal government in relation to grazing lands, for the disposition of money received from the federal government, for the creation of state grazing boards to direct and guide disposition of such moneys, and defining their powers and duties, providing for certain duties by state and county officials, and other matters relating thereto.

[Approved March 14, 1939]

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

Assembly, do enact as follows:

      Section 1.  An act of Congress entitled “An act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement and development, to stabilize the livestock industry dependent upon the public range, and for other purposes,” approved June 28, 1934, and hereinafter referred to as the “Taylor Grazing Act,” provides for the cooperation of the secretary of the interior of the United States with state and other officials and associations, and for the payment to the state by the secretary of the treasury of the United States of certain moneys representing a percentage of (1) grazing fees collected from stockraisers for grazing use of areas within the various grazing districts created under the provisions of the said Taylor grazing act, and (2) lease charges collected from stockraisers leasing certain specific tracts lying outside any such grazing districts. For the purpose of brevity and clarification, these two different sources of the funds paid to the state are hereinafter referred to, respectively, as “funds derived from grazing fees” and “funds derived from grazing leases.”

      Sec. 2.  All moneys received by the state to the present time and hereafter under the provisions of the said Taylor grazing act shall be deposited at once in the state treasury in a special fund to be designated “The Nevada Taylor Grazing Act Range Improvement Fund.” Thereafter, without unnecessary delay, the proper state officers authorized by statute to administer, control and disburse state funds in general, shall take such steps and perform such acts as may be necessary to determine what part of the said funds were derived from grazing fee collections and what part were derived from grazing fee collections and what part were derived from grazing lease charges, from each grazing district or county concerned, as the case may be, and then to apportion and distribute the said Nevada Taylor grazing act range improvement fund as follows:

      That part of the said fund derived from grazing fee collections from each Taylor grazing act grazing district concerned shall be apportioned and distributed to each county according to its proportionate acreage of such grazing district, and all such funds received by any county shall be placed at once in a special fund to be designated as “The Range Improvement Fund of Grazing District No.

Grazing; administration of

Allocation of funds

Disposal of funds

Grazing boards

shall be apportioned and distributed to each county according to its proportionate acreage of such grazing district, and all such funds received by any county shall be placed at once in a special fund to be designated as “The Range Improvement Fund of Grazing District No. ............,” as the case may be. Where more than one grazing district is situated in any one county, separate funds shall be kept by such county for each district. Said funds shall be subject to disposition only by the state grazing boards created hereinafter in this act for each grazing district concerned, and as provided for hereinafter in this act.

      That part of the said fund derived from grazing lease charges from lands situated outside grazing districts shall be apportioned and distributed to each county according to its proportionate acreage of the lands from which such lease charges were derived, and all such funds received by any county shall be placed at once in a special fund to be designated as “The Range Improvement Fund of................................County,” as the case may be. All such funds shall be subject to disposition by the board of county commissioners of each county concerned for range improvements and related matters directly beneficial to the stockraising and ranching enterprises of the said county; provided, that any project involving range improvements undertaken by any board of county commissioners on lands within a grazing district established under provisions of the said Taylor grazing act shall be undertaken by such board only in cooperation with the federal officials in charge of such district as provided for in this act.

      Sec. 3.  For the purpose of directing and guiding the disposition of the range improvement fund of each grazing district concerned in those manners most beneficial to the stockraising payers of the grazing fees from which such funds are derived and to the counties concerned, there are hereby created state boards for each such grazing district as established and existing in Nevada under the provisions of the said Taylor grazing act.

      The members and the chairman of each of the state boards hereby created shall be the members and chairmen of the boards of district advisors of each such grazing district elected, qualified, and serving under the provisions of the said Taylor grazing act and the regulations promulgated under the provisions of that act, excepting that membership on such state boards shall be limited to residents of the State of Nevada.

      Each of the state boards hereby created shall be known as the Nevada grazing board of district No. ................., as the case may be.

      The members of such boards shall serve without remuneration for their time and services, but shall be entitled to their actual necessary travel and subsistence expenses while performing their duties as prescribed in this act.

actual necessary travel and subsistence expenses while performing their duties as prescribed in this act. Such expenses shall be limited to not to exceed five cents per mile for necessary travel by personally-owned automobile, or actual train or bus fare, as the case may be, and not to exceed their actual necessary costs for meals and lodging as supported by receipts covering payment for those costs and, in no case, shall subsistence costs be charged or paid unless the member concerned is required by the business of the state board concerned to be absent from his home at least over one night.

      Each state grazing board is hereby authorized to select and determine the remuneration of its own secretary, and such remuneration shall be considered as administrative expenses of each board concerned, to be paid as provided for herein.

      Within the provisions of this act, it shall be the duty of each of the state grazing boards hereby created to direct and guide the disposition of the range improvement fund of its grazing district. Each such board shall record its decisions as to disposition of such fund in the form of a resolution or resolutions properly adopted by such board, certified to as such by the chairman and secretary of such board. Such certification shall contain a statement to the effect that at the state grazing board meeting at which any such resolution was adopted a quorum of the said board was present, and that at least a majority of the members of such board present voted in favor of adopting such resolution.

      Sec. 4.  Each state grazing board hereby created is hereby authorized out of the funds at its disposal to direct and guide the disposition of the range improvement fund of its grazing district for the construction and maintenance of range improvements and related matters within the grazing district concerned; for the payment of proper administrative costs of the board, including travel and subsistence costs of its members and for payment for the services of its secretary and his necessary office expenses, as provided for herein; and, during periods of range depletion due to severe drouth and similar causes, or in case of a general epidemic of disease affecting stockraising and ranching enterprises of the grazing district concerned, or whenever conditions are such that payment of grazing fees under the provisions of the said Taylor grazing act impose a burden on the payers beyond their reasonable ability to pay, each of the said state grazing boards is hereby authorized in its discretion, for the general welfare of the state and counties, to direct and guide such disposition of the said fund as may be required to make refund in whole or part to the payers of the grazing fees from which the said fund was derived. In such event, the refund to each payer shall be determined by each state grazing board concerned, the share of each payer to be determined by the extent to which the grazing fees paid by each contributed to the total fund on hand when the refund is approved by such board.

Mileage

Improving ranges

County officials; duty of

Agreements

Meetings

state grazing board concerned, the share of each payer to be determined by the extent to which the grazing fees paid by each contributed to the total fund on hand when the refund is approved by such board.

      When and if any part of any unexpended balance in said fund carried over from one refund period to another and remaining on hand after disposals therefrom by such boards for range improvements and administrative costs is finally refunded, shares of such payers in the same shall retain their original status.

      Sec. 5.  It shall be the duty of the board of county commissioners of each county concerned, upon receipt of a resolution or resolutions from a state grazing board as provided for in this act, and likewise the duty of each and every other officer of the county concerned, without unnecessary delay, to take such steps and perform such acts as necessary to disburse from the fund at disposal of the state grazing board concerned in accordance with the provisions of such resolutions and this act and the procedure followed in disbursement of county funds generally.

      Sec. 6.  In the case of any project involving construction and maintenance of range improvements and related matters, as provided for in this act, and within any grazing district established under the provisions of the Taylor grazing act, such project or projects shall be undertaken only under cooperative agreements entered into on the part either of the state boards or the boards of county commissioners, as the case may be, and the federal officials in charge of the grazing district concerned. Either the boards of county commissioners or the state grazing boards concerned, as the case may be, are hereby authorized to enter into such cooperative agreements and to take such steps as may be necessary, under the provisions of this act, to contribute from their respective funds to such projects under the terms of such cooperative agreements. Such cooperative agreements shall prescribe the manner, terms and conditions of such cooperation and the amounts to be contributed from the range improvement fund of the grazing district or county concerned, as the case may be, and such agreements also shall provide that direct management and supervision of such projects shall be exercised by the federal officials concerned.

      Sec. 7.  Meetings of the state grazing boards may be called at any time by the chairman or a majority of the members of such boards, and each such board may adopt its own rules and regulations for the calling and holding of meetings; provided, that a majority of each state board shall constitute a quorum for the transaction of business by each such board, and action by each such board shall be determined by a majority vote of the members present.

      Sec. 8.  All acts or parts of acts in conflict with this act are hereby expressly repealed.

      Sec. 9.  This act shall be in full force and effect from and after the date of its passage and approval.

Repeal

In effect

[Assembly Bill No. 57–Mr. Amodei]

Chap. 68–An Act to amend an act entitled “An Act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith,” approved March 21, 1925, together with the acts amendatory thereof and supplemental thereto.

[Approved March 14, 1939]

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, being section 4353 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  Whenever an automobile, motorcycle, or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes any person or collides with any vehicle containing a person, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver shall immediately cause such vehicle to stop, and shall render to the person struck, or the occupants of the vehicle collided with, all necessary assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment be required, or if such carrying be requested by the person struck, or the occupant of the vehicle struck; and such driver and the person having or assuming authority over such driver shall further give to the occupants of such vehicle, or person struck, the number of his or their said vehicle, also the name of the owner thereof, and the name of the passenger, or passengers, in each said vehicle at the time of such striking or collision, and every such driver shall, as soon as possible, make a full report of such collision, with all details and circumstances thereof, to the sheriff of the county in which such collision occurred, or if such a collision occurs within an incorporated city, to the chief of police of said city; and whenever an automobile, motorcycle or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes or collides with any unoccupied vehicle, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver, shall immediately cause such vehicle to stop, and shall ascertain the name of the owner of the vehicle so struck, or the license number thereof, and shall immediately make a full report of such collision, with all details and circumstances thereof, to the sheriff of the county in which such collision occurred, if the same be without the limits of an incorporated city, or if such a collision occurs within an incorporated city, to the chief of police of said city.

Highway accidents; duty of persons involved

Reports

Repeal

In effect

owner of the vehicle so struck, or the license number thereof, and shall immediately make a full report of such collision, with all details and circumstances thereof, to the sheriff of the county in which such collision occurred, if the same be without the limits of an incorporated city, or if such a collision occurs within an incorporated city, to the chief of police of said city. Any person violating any of the provisions of this section shall be punished as for a gross misdemeanor.

      Sec. 2.  All act or parts of acts insofar as they are in conflict with the provisions of this act are hereby repealed.

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

Corporations, foreign, municipal, and other; agents for

[Senate Bill No. 50–Senator Horsey]

Chap. 69–An Act to amend sections 82 and 83 of an act entitled “An act to regulate civil proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended, and being sections 8580 and 8581 Nevada Compiled Laws 1929, as amended.

[Approved March 14, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 82 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being section 8580 Nevada Compiled Laws 1929, as amended, is hereby further amended so as to read as follows:

      Section 82.  Every incorporated company or association and every municipal corporation created and existing under the laws of any other state, or territory, or foreign government, or the government of the United States, owning property or doing business in this state, shall appoint and keep in this state an agent, who may be either an individual or a domestic corporation, upon whom all legal process may be served for such corporation or association or municipal corporation. Such corporation, association, or municipal corporation shall file a certificate, properly authenticated by the proper officers of such company, association, or municipal corporation, with the secretary of state, specifying the full name and residence of such agent, which certificate shall be renewed by such company, association, or municipal corporation as often as a change may be made in such appointment, or vacancy shall occur in such agency.

      Sec. 2.  Section 83 of the above-entitled act, the same being section 8581 Nevada Compiled Laws 1929, as amended, is hereby amended so as to read as follows:

      Section 83.  If any such company, association, or municipal corporation shall fail to appoint such agent, or fail to file such certificate for fifteen days after a vacancy occurs in such agency, on the production of a certificate of the secretary of state showing either fact, which certificate shall be conclusive evidence of the fact so certified to be made a part of the return of service, it shall be lawful to serve such company, association, or municipal corporation with any and all legal process by delivering a copy to the secretary of state, or, in his absence, to any duly appointed and acting deputy secretary of state, and such service shall be valid to all intents and purposes; provided, that in all cases of such service the defendant shall have forty days (exclusive of the day of service) within which to answer or plead; provided further, that before such service shall be authorized, the plaintiff shall make or cause to be made and filed an affidavit setting forth the facts, showing that due diligence has been used to ascertain the whereabouts of the officers of such company, association, or municipal corporation, and the facts showing that direct or personal service on, or notice to, such corporation cannot be had; and provided further, that if it shall appear from such affidavit that there is a last-known address of such company, association, or municipal corporation, or any known officers thereof, the plaintiff shall, in addition to and after such service on the secretary of state, mail or cause to be mailed to such corporation, or to such known officer, at such address, by registered mail, a copy of the summons and a certified copy of the complaint, and in all such cases the defendant shall have forty days from date of such mailing within which to appear in said action. This section shall be construed as giving an additional mode and manner of serving process, and as not affecting the validity of any other valid service.

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

      Sec. 4.  This act shall be in full force and effect immediately upon its passage and approval.

Vacancies; service of process

Repeal

In effect

Reverting funds

In effect

[Assembly Bill No. 210–Mr. Cahill]

Chap. 70–An Act repealing an act entitled “An act authorizing the board of state prison commissioners to purchase and install metal bars, where necessary, in the cells at the state prison, making an appropriation therefor, and other matters properly connected therewith,” approved March 22, 1937.

[Approved March 15, 1939]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act, which is chapter 112 Statutes of Nevada 1937, is hereby repealed, and the appropriation therein made is reverted to the general fund.

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

County boards; powers; classification

Repeal

In effect

[Senate Bill No. 136–Senator Heidtman]

Chap. 71–An Act relating to the duties and powers of county commissioners in the several counties of this state relative to the operation, management, improvement, and maintenance of public parks, golf courses, and other public recreation centers and areas.

[Approved March 15, 1939]

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

Assembly, do enact as follows:

      Section 1.  The county commissioners of the several counties in this state having a population of fifteen thousand (15,000), or more, in addition to the powers now conferred upon them by law, are hereby authorized and empowered to operate, manage, improve, and maintain all public parks, golf courses, and other public recreational centers and areas, the construction of which has either been initiated or completed, and the title to which is held by the county.

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

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

[Assembly Bill No. No. 259–Nye County Delegation]

Chap. 72–An Act authorizing and empowering the board of trustees of Round Mountain school district, Nye County, Nevada, to transfer moneys from the Round Mountain school district fund to the Round Mountain school bonds redemption and interest fund.

[Approved March 15, 1939]

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

Assembly, do enact as follows:

      Section 1.  The board of trustees of Round Mountain school district, Nye County, Nevada, is hereby authorized and empowered to transfer funds, not to exceed the sum of one thousand dollars ($1,000) from the Round Mountain school district fund to the Round Mountain school bonds redemption and interest fund.

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

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

Round Mountain; transfer of school funds

Repeal

In effect

[Assembly Bill No. 141–Mr. Burke]

Chap. 73–An Act to provide for the care and maintenance of the graves of civil war veterans and of their widows in the G. A. R. plot in Hillside cemetery, Reno, Nevada, and making an appropriation therefor.

[Approved March 15, 1939]

      Whereas, There are buried in the lot known as the “G. A. R. Plot” in Hillside cemetery, Reno, Nevada, about seventy human bodies, most of which are those of deceased soldiers of the civil war and the remainder of which are those of widows of such veterans; and

      Whereas, Said lot is situated in said Hillside cemetery and described as follows, to wit: Said lot is bounded on the north by Summit avenue, on the east by Sycamore avenue, on the south by Floral avenue, and on the west by Chestnut avenue, and fronts 42 feet on the south line of Summit avenue with a depth southerly of 329 feet to the north line of Floral avenue, and includes lots 330 to 347, inclusive, together with the approaches thereto, as shown on the official map of said cemetery; and

      Whereas, Said cemetery plot was formerly owned by General O. M. Mitchell Post No. 69, Grand Army of the Republic, and was conveyed by said post, before it became extinct, to General O. M. Mitchell Corps No. 27, Woman’s Relief Corps, a Nevada corporation with principal office at Reno, Nevada, the present owner and holder of said plot; and

Preamble

Preamble

G. A. R. graves in Reno; care of

In effect

Reno, Nevada, the present owner and holder of said plot; and

      Whereas, Most of the soldiers and widows of soldiers buried in said plot are without family or friends to care for their last resting place; and

      Whereas, Said General O. M. Mitchell Corps No. 27, Woman’s Relief Corps, has, since April 1931, cared for and maintained said plot and the graves therein, but by reason of their small treasury and membership are now unable to continue said work without assistance; and

      Whereas, The respect and gratitude due to the soldiers whose valor preserved the union requires that their graves and those of their widows in the plot aforesaid be given decent care and maintenance; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of one hundred fifty ($150) dollars is hereby appropriated, out of any money in the general fund of the State of Nevada not otherwise appropriated, to be used for the care and maintenance of the said G. A. R. plot and of the graves of soldiers and widows of the soldiers of the civil war wherein contained, for each of the years 1939 and 1940, and a similar amount each year thereafter, and the state controller is hereby directed to draw his warrant in favor of said General O. M. Mitchell Corps No. 27, Woman’s Relief Corps, for the said amount, and the state treasurer is hereby directed to pay the same.

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

[Senate Bill No. 44–Senator Dressler]

Chap. 74–An Act to amend an act entitled “An act to provide for the appointment of a state auditor, fix his compensation, prescribe his duties, to inspect and audit public accounts and to establish a uniform system of public accounting, cost-keeping and reporting, and matters relating thereto, and to repeal certain acts and parts of acts in conflict herewith,” approved March 10, 1917, together with the acts amendatory thereof or supplemental thereto.

[Approved March 15, 1939]

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, being section 7337 of the Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 3.  It shall be the duty of the state auditor at least once in each calendar year to make a thorough audit of the books and accounts of all state offices, departments and institutions required by law to keep books or accounts showing the receipt or payment of money by, for, or on account of the state, and report the result of such audit to the governor forthwith; provided,

of the books and accounts of all state offices, departments and institutions required by law to keep books or accounts showing the receipt or payment of money by, for, or on account of the state, and report the result of such audit to the governor forthwith; provided, that where any office, division, or department of state government is receiving cooperation of the federal government, and said office, division, or department is subject to regular annual audits by the federal government, the state auditor may, upon receipt of a copy of the auditor’s report, issued by said federal government auditor, examine said report and, if in his opinion a full and complete audit has been made, the state auditor may, in lieu of making an audit of the office, division, or department concerned, report to the governor in writing that he has examined the report of the federal auditor and believes that a full and complete audit has been made; provided further, that the governor may, in his discretion, order the state auditor to make an additional audit. It shall further be the duty of the state auditor, at least once in each calendar year, to make a thorough audit of the books and accounts of all county officials required by law to have and keep their offices at the county seats of the several counties in this state; copies of such reports relating to the accounts of the officers of the different counties shall be furnished by the state auditor to the governor, the state controller, and the clerk of the board of county commissioners of the several counties. The state auditor shall formulate and prescribe a uniform system of accounting, cost-keeping, and reporting for every state and county office, department, or institution, which shall exhibit the true financial condition, correct accounts, and statements of funds collected, received, and expended for account of the public, for any purpose whatever, and by all public officers, employees, or other persons; such accounts or statements to show the receipt, use, and disposition of all public property, and the income, if any, derived therefrom and of all sources of public income and the amounts due and received from each source, all receipts, vouchers, and other documents kept, or that may be required to be kept, necessary to prove the validity of each transaction, and all statements and reports made or required to be made for the internal administration of the office to which they pertain, and all statements and reports regarding any and all details of the financial administration of public affairs. The state auditor shall, from time to time, make such changes in and additions to such system as may to him seem necessary or in the public interest.

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

State auditor; duty

In effect

Horse-racing; “take”

Repeal

In effect

[Assembly Bill No. 11–Messrs. Hazard and Carroll]

Chap. 75–An Act to amend an act entitled “An act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation thereof,” approved February 20, 1915, as amended.

[Approved March 15, 1939]

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

Assembly, do enact as follows:

      Section 1.  Section 9 of the above-entitled act, being section 6223 N. C. L. 1929, is hereby amended to read as follows:

      Section 9.  Any association or corporation conducting horse racing in the State of Nevada where pari mutuels may be permitted shall take out such commission from all moneys received from the sale of pari mutuels as may be prescribed by the state racing commission, not to exceed twelve (12%) percent; one-sixth of which shall be paid by said association or corporation daily to the said state racing commission, and shall be paid by said state racing commission to the state treasurer, which money shall be placed in the general fund. It is hereby made the duty of the state racing commission, and they are hereby granted the power, to inspect the books of any such association or corporation and to revoke its license unless the said books are fully, accurately, and fairly kept.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

Round Mountain; transfer of funds

[Assembly Bill No. 260–Nye County Delegation]

Chap. 76–An Act authorizing and empowering the board of trustees of Round Mountain school district, Nye County, Nevada, to transfer moneys from the Round Mountain high school district fund to the Round Mountain school bonds redemption and interest fund.