LI 529 N 33 1913 IRLF GIFT OF OCT 2? STATE PROPERTY THIS BOOK To be delivered to Successor in Office or School STATE OF NEVADA THE SCHOOL CODE=19I3 AS AMENDED Compiled and issued by Superintendent of Public Instruction June, 1913 Printed at the State Printing Office, Carson City Joe Farnsworth, Superintendent 1913 STATE SCHOOL OFFICERS, 1913 SUPERINTENDENT OF PUBLIC INSTRUCTION John Edwards Bray Carson City STATE BOARD OF EDUCATION His Excellency Tasker L. Oddie, President Carson City Dr. J. E. Stubbs, President of the University of Nevada Reno John Edwards Bray, Superintendent of Public Instruction, Secretary.. ..Carson City REGENTS OF THE UNIVERSITY OF NEVADA The Hon. Arthur A. Codd (1913-1916), Chairman Reno The Hon. Walter E. Pratt (1913-1916) Goldfield The Hon. Charles B. Henderson (1911-1914) Elko The Hon. Hosea E. Reid (1911-1914) Reno The Hon. James W. O'Brien (1913-1914) Sparks Mr. George H. Taylor, Secretary Reno Mr. Charles H. Gorman, Comptroller Reno PRESIDENT OF THE UNIVERSITY OF NEVADA J. E. Stubbs, M.A., LL.D.,D.D Reno ACTING PRESIDENT OF THE UNIVERSITY OF NEVADA Robert Lewers Reno DEPUTY SUPERINTENDENTS OF PUBLIC INSTRUCTION First Supervision District Elko County George E. Anderson Elko Second Supervision District Eureka, Lander and White Pine Counties A. B. Lightfoot Ely Third Supervision District Churchill and Humboldt Counties James F. Abel Winnemucca Fourth Supervision District Douglas, Lyon, Mineral, Ormsby, Storey and Washoe Counties E. E. Winfrey. ....Reno Fifth Supervision District Clark, Esmeralda, Lincoln and Nye Counties B. G. Bleasdale Las Vegas J INTRODUCTORY This compendium of the school laws is made in compliance with the statute which provides that the Superintendent of Public Instruction "shall prepare pamphlet copies of the school laws and all amendments thereto, and shall transmit a copy thereof to each school trustee, school census marshal, and school teacher in the State." The great body of existing school laws was compiled and prepared under the direction of the Nevada Code Commission, presented to the Legislature of 1911, and enacted into law in one bill under the title "An act concerning public schools, and repealing certain acts relating thereto T approved March 20, 1911. This is set out in chapters from 1 to 20, inclusive, containing 221 sections. These sections, with amend- ments thereof made by the Legislature of 1913, are fully set forth in this compilation, each amended section being properly noted. Following this are the laws not included in the general bill by the Code Commission, enacted at various times and not repealed. They are given as separate acts, reference being made to date and page of statutes. Some of these, as will be seen, were enacted by the Legislatures of 1911 and 1913. While the changes made in the school laws by the Legislature of 1913 are rather perfective than radical in character, they help to make the School Code, as a whole, a body of laws needing and meriting careful study on the part of every school officer and teacher. An effort has been made to have this a complete edition of the laws affecting the public schools and school officials of Nevada, and to have it so indexed as to render every subject easily found. Superintendent of Public Instruction. CONSTITUTIONAL PROVISIONS ARTICLE XI EDUCATION Superintendent, When Elected Term of Office. SECTION 1. The legislature shall encourage, by all suitable means, the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements; and also provide for the election by the people, at the general election, of a superintendent of public instruction, whose term of office shall be two years from the first Monday of January, A. D. eighteen hundred and sixty-five, and until the election and qualification of his successor, and whose duties shall be prescribed by law. [Elected for four years in 1866 and thereafter. Stats. 1864-5, 413; Stats. 1911, 184.] System To Be Uniform. SEC. 2. The legislature shall provide for a uniform system of com- mon schools, by which a school shall be established and maintained in each school district for at least six months in every year; and any school district neglecting to establish and maintain such a school, or which shall allow instruction of a sectarian character therein, may be deprived of its proportion of the interest of the public school fund during such neglect or infraction; and the legislature may pass such laws as will tend to secure a general attendance of the children in each school dis- trict upon such public schools. Lands and Funds Fledged to Educational Purposes Escheated Estates and Fines Pledged to Educational Purposes Interest Only To Be Used May Be Appropriated for State University. SEC. 3. All lands, including the sixteenth and thirty-sixth sections in any township donated for the benefit of public schools in the Act of the Thirty-eighth Congress, to enable the people of Nevada Territory to form a state government, the thirty thousand acres of public lands granted by an act of Congress, approved July second, A. D. eighteen hundred and sixty-two, for each senator and representative in Congress, and all proceeds of lands that have been or may hereafter be granted or appropriated by the United States to this state, and also the five hundred thousand acres of land granted to the new states under the act of Con- gress distributing the proceeds of the public lands among the several states of the Union, approved A. D. eighteen hundred and forty-one; jyrovided, that Congress make provision for or authorize such diversion to be made for the purpose herein contained ; all estates that may escheat to the state; all of such per centum as may be granted by Congress on the sale of lands; all fines collected under the penal laws of the state; all property given or bequeathed to the state for educational purposes, and all proceeds derived from any or all of said sources, shall be, and the same hereby are, solemnly pledged for educational purposes, and shall not be transferred to any other funds for other uses; and the 6 SCHOOL LAWS OF NEVADA interest thereon shall, from tirr-e to time, be apportioned among the sev- eral counties as the legislature may provide by law ; and the legislature shall provide for the sale of floating land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from the above- mentioned sources in United Seates bonds or the bonds of the state, or the bonds of other states of the Union, or the bonds of any county in the State of Nevada; provided, that the interest only of the aforesaid pro- ceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum ; and provided further, that such por- tion of said interest as may be necessary may be appropriated for the support of the state university. As amended, 1912. University. SEC. 4. The legislature shall provide for the establishment of a state university, which shall embrace departments for agriculture, mechanic arts, and mining, to be controlled by a board of regents, whose duties shall be prescribed by law. Normal Schools. Sec. 5. The legislature shall have power to establish normal schools, and such different grades of schools, from the primary department to the university, as in their discretion they may deem necessary, and all pro- fessors in said university, or teachers in said schools, of whatever grade, shall be required to take and subscribe to the oath as prescribed in article XV of this constitution. No professor or teacher who fails to comply with the provisions of this section shall be entitled to receive any portion of the public moneys set apart for school purposes. Special Tax Provided for Educational Purposes. SEC. 6. The legislature shall provide a special tax, which shall not exceed two mills on the dollar of all taxable property in the state, in addition to the other means provided for the support and maintenance of said university and common schools. As amended Sixth Amendment. Board of Regents. SEC. 7. The governor, secretary of state, and superintendent of public instruction shall, for the first four years, and until their successors are elected and qualified, constitute a board of regents, to control and man- age the affairs of the university and the funds of the same, under such regulations as may be provided by law. But the legislature shall, at its regular session next preceding the expiration of the term of office of said board of regents, provide for the election of a new board of regents, and define their duties. Duties of Regents. SEC. 8. The board of regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said mining department in such manner as to make it the most effective and useful; pro vided, that all the proceeds of the public lands donated by act of Congress, approved July second, A. D. eighteen hundred and sixty-two, for a college for the benefit of agriculture, the mechanic arts, and including military tactics, shall be invested by the said board of regents in a separate fund, to be appropriated exclusively for the benefit of the first-named departments of the university, as set forth in section four above; and the legislature shall provide that, if SCHOOL LAWS OF NEVADA 7 through neglect or any other contingency, any portion of the fund so set apart shall be lost or misappropriated, the State of Nevada shall replace said amount so lost or misappropriated in said fund, so that the principal of said fund shall remain forever undiminished. Sectarianism Prohibited. SEC. 9. No sectarian instruction shall be imparted or tolerated in any school or university that may be established under this constitution. No Funds for Sectarian Purposes. SEC. 10. No public funds of any kind or character whatever, state, county, or municipal, shall be used for sectarian purposes. Added by Second Amendment. ARTICLE XIII PUBLIC INSTITUTIONS Benevolent Institutions Fostered. SECTION 1. Institutions for the benefit of the insane, blind and deaf and dumb, and such other benevolent institutions as the public good may require, shall be fostered and supported by the state, subject to such regulations as may be prescribed by law. State Prison House of Refuge for Juvenile Offenders. SEC. 2. A state prison shall be established and maintained in such a manner as may be prescribed by law; and provision may be made by law for the establishment and maintenance of a house of refuge for juvenile offenders. Care of the Aged, Infirm, and Unfortunate. SEC. 3. The respective counties of the state shall provide, as may be prescribed by law, for those inhabitants who, by reason of age and infirmity, or misfortunes, may have claim upon the sympathy and the aid of society. ARTICLE XV ELIGIBILITY TO OFFICE SECTION 3. No person shall be eligible to any office who is not a quali- fied elector under this constitution. No person who, while a citizen of this state, has, since the adoption of this constitution, fought a duel with a deadly weapon, sent or accepted a challenge to fight a duel with a deadly weapon, either within or beyond the boundaries of this state, or who has acted as second, or knowingly conveyed a challenge, or aided or assisted in any manner in fighting a duel, shall be allowed to hold any office of honor, profit, or trust; or enjoy the right of suffrage under this constitution. The legislature shall provide by law for giving force and effect to the foregoing provisions of this section; provided, that females over the age of twenty-one years, who have resided in this state one year, and in the county or district six months next preceding any election to fill either of said offices, or the making of such appointment, shall be eligible to the office of superintendent of public instruction, deputy superintendent of public instruction, school trustee and notary public. As amended, 1912. SCHOOL LAWS OF NEVADA An Act concerning public schools, and repealing certain acts relating thereto. Approved March 20, 1911 CHAPTER 1 STATE BOARD OF EDUCATION Of Whom to Consist. SECTION 1. The state board of education shall consist of the governor, the superintendent of public instruction, and the president of the university. Officers of Board. SEC. 2. The governor shall be the president, and the superintendent of public instruction the secretary of the board. Time of Meeting-. SEC. 3. The board shall meet at the call of the secretary, but shall hold at least two meetings a year. Powers and Duties of Board. SEC. 4. The powers and duties of the board shall be as follows: 1. To prescribe and cause to be enforced the courses of study for the public schools, such courses to contain in the seventh and eighth grades, among other things, business forms and elementary bookkeeping or some features of industrial work; and in the high-school grades, provision for full commercial work and industrial work suitable for boys and girls; provided, that schools of the first class may have modified courses of study, subject to the approval of the state board of education. 2. To adopt lists of books for district libraries; provided, that boards of trustees in districts of the first class may make additional adoptions; and provided further , that such books shall not contain or include stories in prose or poetry whose tendency would be to influence the minds of children in the formation of ideals not in harmony with truth and morality. 3. To revoke or suspend for immoral or unprofessional conduct, evi- dent unfitness for teaching, or persistent defiance of and refusal to obey the laws of the state, or the rules and regulations of the state board, or of the state superintendent defining and governing the duties of teachers, any state diploma or any state certificate. 4. To have done by the state printer any printing required by the state board, such as state courses of study, the proceedings of the teachers' institutes, blank forms, and such other matter as the state board may require; provided, that text-books are not included in such courses of study. 5. To adopt and use in authentication of its acts an official seal. 6. To keep a record of its proceedings, which shall be published biennially in the report of the superintendent of public instruction. 7. To designate some monthly school journal as the official organ of the department of education. The publishers of such journal shall mail 10 SCHOOL LAWS OF NEVADA one copy of every number of such journal to the clerk of every school district in the state and shall file an affidavit with the superintendent of public instruction showing that such copies have been so mailed. The county treasurer of every county, before notifying the superintendent of public instruction of the county fund to be apportioned in the July apportionment, shall set aside an amount equal to one dollar for each and every school district of the county, and this fund shall be known as the school journal fund. The amount certified to the superintendent of public instruction for apportionment shall not include the school journal fund so set aside. The superintendent of public instruction shall draw his orders annually in favor of the publishers of such school journal for an amount equal to one dollar for each and every school district in each county to which the school journal has been sent in accordance with this section, to be paid out of the school journal fund, and the county auditor shall immediately draw his warrant in favor of the publishers of such journal for an amount equal to that named in aforesaid order, to be paid out of the school journal fund. As amended, Stats. 1913, 103, 104- CHAPTER 2 SUPERINTENDENT OF PUBLIC INSTRUCTION Election. SEC. 5. The superintendent of public instruction shall be elected quadrennially by the qualified electors of the state at the same time and in the same manner as the governor is elected, and shall hold office for the term of four years from the first Monday in January next after the election, and until his successor is elected and qualified. Duties of Said Officer Visit Schools Apportion School Funds Report Biennially Rules Teachers' Institutes County Institutes Meetings of State Board of Education Nominate Deputies Other Duties Printing- Reports of Deputies Forms, etc. Deliver State Property. SEC. 6. The superintendent of public instruction shall have power and it shall be his duty : 1. To visit each county in the state at least once each year for the purpose of conducting institutes, visiting schools, consulting with school officers, and addressing public assemblies on subjects pertaining to the schools; and the necessary traveling expenses incurred by the superin- tendent in performance of such duties, such traveling expenses to include the cost of transportation and board while absent from his place of resi- dence, shall be allowed, audited and paid out of the general fund, in the same manner as claims upon said fund are now allowed, audited and paid ; provided, that the sum so expended in any one year shall not exceed one thousand dollars; 2. To apportion the state distributive school fund; 3. To apportion the county school fund of each county among its various districts; 4. To report to the governor biennially, on or before the first day of December of the years preceding the regular session of the legislature. The governor shall transmit said report to the legislature; and whenever it is ordered published the state printer shall deliver a sufficient number of copies to the superintendent, who shall distribute the same among school officers of the state and of the United States. Said report shall contain a full statement of the condition of public instruction in the state; a SCHOOL LAWS OF NEVADA 11 statement of the condition and amount of all funds and property appro- priated to the purpose of education; the number and grade of schools in each county; the number of children in each county between the ages of six and eighteen years of age; the number of such attending public schools; the number attending private schools; the number attending no schools; the number under six years of age; the number between eighteen and twenty-one years of age; the amount of public school moneys appor- tioned to each county; the amount of money raised by county taxation, district tax, subscription or otherwise, by any city, town, district, or county, for the support of schools therein; the amount of money raised for building schoolhouses; a statement of plans for the management and improvement of public schools; and such other information relative to the educational interests of the state as he may think of importance; 5. To prescribe suitable rules and regulations for making all reports and conducting all necessary proceedings under this act and to furnish suitable blank forms for the same; to cause the same, with such instruc- tions as he shall deem necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith. He shall prepare a con- venient form of school register for the purpose of securing accurate returns from the teachers of public schools, and shall furnish each school district in the state with such registers. He shall prepare pamphlet copies of the school law and all amendments thereto, and shall trans- mit a copy thereof to each school trustee, school census marshal and school teacher in the state; 6. To convene a state teachers' institute biennially in the even- numbered years in such place and at such time as he may deem advisable. It shall be his further duty to convene five district teachers' institutes in the various sections of the state biennially in the odd-numbered years in such places and at such times as he may deem advisable. He shall engage such institute lecturers and teachers as he shall deem advisable, and shall preside over and regulate the exercises of all state and district institutes. No institute shall continue less than four nor more than ten days. The expenses incurred in holding such institute shall be paid out of the state general fund ; provided, that the amount for the state institute shall not exceed five hundred dollars nor the amount of any one district institute two hundred and fifty dollars, and the state controller is hereby authorized and directed to draw his warrants for the same upon the order of the superintendent of public instruction. All teachers shall be required to attend the district institutes held in the supervision districts in which thay may be teaching respectively, unless they shall be excused for good cause by the superintendent of public instruction, and without loss of salary for the time thus employed; 7. To call, with the approval of the board of county commissioners, a county teachers' institute in any county at such time and place as in his judgment will best subserve the educational interests of the county, and to preside over and regulate the exercises of the same. The expenses of such institute shall be paid out of the county general fund of the county in which such institute is held ; provided, that the board of county commissioners shall authorize such institute upon the application of the superintendent of public instruction; and provided, th&t such expenses shall not exceed the sum of one hundred dollars. All teachers shall be required to attend any county institute held in the counties in which 12 SCHOOL LAWS OF NEVADA they shall be teaching respectively, unless excused for good cause by the superintendent of public instruction, and without loss of salary for the time thus employed; 8. To call meetings of the state board of education in January and June of each year, and at such other times as he shall deem proper, or when two members of said board shall request a meeting. 9. To nominate deputy superintendents of public instruction for appointment by the state board of education ; 10. To perform such other duties relative to the public schools as may be prescribed by law; 11. To have done at the state printing office any printing required in the performance of his duties ; 12. To require a written report from each deputy superintendent on the first day of October, the first day of January, the first day of April, and the first day of July of each school year. Such reports shall contain any information or facts that the superintendent of public instruction may require; 13. To arrange blank forms, including school registers, for teachers' contracts, and supply the same to school trustees and teachers; 14. The superintendent of public instruction shall, at the expiration of his term of office, deliver to his successor all property and effects belonging to his office and take a receipt for the same. CHAPTER 3 DEPUTY SUPERINTENDENTS OF PUBLIC INSTRUCTION Office of County Superintendent Abolished. SEC. 7. The office of county superintendent of public schools either as a separate office or as an ex officio office shall be, and hereby is, abol- ished for all counties in this state on and after the thirty-first day of August, 1907; provided, that the ex officio county superintendent shall make the reports for the school year ending on the thirty-first day of August, 1907. Stats. 1907, 381. Educational Districts Established. SEC. 8. Five educational supervision districts are hereby established as follows: District No. 1, comprising Elko County; District No. 2, com- prising White Pine, Lander, Eureka Counties; District No. 3, comprising Humboldt and Churchill Counties; District No. 4, comprising Washoe, Storey, Ormsby, Douglas, Lyon, and Mineral Counties; District No. 5, comprising Lincoln, Nye, Clark, and Esmeralda Counties. Supervision Districts. SEC. 9. Upon the nomination of the superintendent of public instruc- tion the state board of education shall, on or before the first Monday in May, 1911, and each fourth year thereafter, appoint one deputy superin- tendent of public instruction for each supervision district as herein pro- vided for, and such appointee shall, at the time of his appointment and during his term of office, be a bona fide resident of the district for which he is appointed. Such appointee shall take office on the first Monday in September* and shall serve for a period of four years, or until his suc- cessor shall have been appointed and shall have qualified; provided, that in case any nominee of the state superintendent is unsatisfactory to the board another nomination or nominations shall be made to the satisfac- SCHOOL LAWS OF NEVADA 13 tion of the board. In case a vacancy shall occur in the office of deputy superintendent of public instruction, the state board of education shall in like manner make an appointment for the unexpired term. The deputy superintendents of public instruction shall devote their entire time to school supervision and shall not engage in other work while hold- ing this office. Qualifications of Deputies. SEC. 10. Any person holding a teacher's certificate of high-school grade and who shall have had not less than forty-five months' successful experience in teaching, at least twenty months of which shall have been in the State of Nevada, shall be eligible to appointment as deputy super- intendent of public instruction, and no others shall be eligible to such appointment. Duties of Deputies. SEC. 11. It shall be the duty of each deputy superintendent to visit each school in his district at least twice a year, to examine the records and observe the work of each school carefully, to advise with teachers as to organization, management and teaching, to inspect school buildings, libraries and apparatus, to confer with trustees and county officers as to the condition and needs of their schools, to hold teachers' meetings, to assist at state, district and county institutes, and otherwise advance the educational interests of his district. The deputy superintendent of public instruction shall act as deputy examiner at teachers' examinations, as member of the board of educational examiners, and shall assist the state board of education in preparing courses of study. He shall attend the meetings of the state board of education to furnish information pertain- ing to the schools of his district when said board shall so order. Powers and Duties of Deputies. SEC. 12. Within his supervision district each deputy superintendent shall have power, and it shall be his duty: 1. To file with the county auditor of each county a directory of all teachers who shall be entitled to draw salary from the state or the county funds, and to advise the county auditor from time to time of any changes or additions to such directory, and to file with the county auditor a directory of all qualified school trustees of each county. The county auditor shall not draw any warrant in favor of any teacher until he shall be officially informed by the deputy superintendent that such teacher is legally entitled to receive salary from the state or county school funds; 2. To investigate any claim against any school fund whenever a writ- ten protest against the drawing of a warrant in payment of said claim against any school fund shall be filed with the county auditor. If, upon investigation, the deputy superintendent of public instruction shall find that any claim against any school fund is illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for such illegal claim, stating the reasons in writing why such order is illegal or excessive, and the county auditor, if so noti- fied, shall not draw his warrant in payment of such claim. If the deputy superintendent of public instruction shall find that any protested claim is legal and actually due the claimant, he shall authorize the county auditor to draw his warrant for such claim, and the county auditor shall immediately draw his warrant in payment of the claim ; 14 SCHOOL LAWS OF NEVADA 3. To suspend the certificate of any teacher for a time not to exceed one year, who fails to attend any district or county institute unless excused for nonattendance by the deputy superintendent; 4. To suspend the certificate of any teacher for any of the causes for which a certificate may be revoked by the state board of education ; 5. To inspect the record books and accounts of boards of trustees, and to authorize and enforce an efficient method of keeping the financial records and accounts of the school district; 6. To inspect the school fund accounts of the county auditors of the several counties, and report the condition of the funds of any school dis- trict to the trustees thereof; 7. To grade the schools in his supervision district, in the month of July of each year, designating which schools are high schools, and which are elementary schools, and to keep record of such gradation in his office; 8. To appoint school trustees in all districts in which the qualified voters failed to elect. Compensation of Deputies. SEC. 13. The compensation of each deputy superintendent of public instruction is hereby fixed at two thousand dollars per annum, and shall be paid out of the general fund of the state as the salaries of other state officers are paid. All claims for the traveling expenses, including the cost of transportation and cost of living, of each deputy superintendent of public instruction, while absent from their places of residence, together with necessary office expenses, shall be paid from the general fund of the state, whenever such claims shall be allowed by the state board of examiners; provided, that not more than eight hundred dollars shall be paid from the general fund of the state in settlement of claims for such traveling expenses of any deputy superintendent of public instruction -during any one year, and not more than $350 shall be paid from the gen- eral fund of the state in settlement of claims for such office expenses of any deputy superintendent of public instruction for any one year. Powers of Deputies. SEC. 14. The superintendent of public instruction shall confer upon the deputy superintendents such power and authority to act in his name as he shall deem proper; provided, such power and authority shall be in accordance with the laws of this state. Rules for Deputies. SEC. 15. The state board of education shall adopt such rules and reg- ulations further defining the powers and duties of the deputy superin- tendents of public instruction as shall, in its judgment, be needful to secure efficiency and coordination; provided, that such rules and regula- tions shall be in accordance with the laws of this state. Removal of Deputies. SEC. 16. The state board of education shall, upon the recommenda- tion of the superintendent of public instruction, have power to remove deputy superintendents of public instruction from office for evident unfit- ness or for conspicuous failure to perform the duties of said office. SCHOOL LAWS OF NEVADA 15 CHAPTER 4 TEACHERS' CERTIFICATES Certification of Teachers. SECTION 17. All teachers' certificates and life diplomas shall be granted by the state board of education, and said board shall grant only those classes and grades described in this act; provided, that deputy superin- tendents of public instruction may issue temporary certificates in accord- ance with the regulations of the board and on conditions hereinafter named; and provided further, that all teachers' certificates previously issued by legally constituted authorities shall remain valid for the time and under the conditions of the original issue unless revoked in accord- ance with law. In case of the renewal of any grammar-grade certificate now in force, an elementary certificate of the first grade shall be issued instead of said grammar-grade certificate. As amended, Stats. 1913, 156. Examinations, When Held. SEC. 18. Examinations for teachers' certificates shall be held in the several counties in this state semiannually, during the months of June and December of each year; provided, that the interest of the schools shall require such examinations. The state board of education shall give at least sixty days' notice of the time and places of holding the examinations; provided, that the dates of holding the regular semiannual examinations shall be uniform throughout the state and no examination shall continue for more than four days. The state board of education shall make provision for such other examinations at such times and places as in its judgment the public interest may require. Deputy Examiners Compensation. SEC. 19. All examinations for teachers' certificates shall be conducted by deputy examiners, who shall act under the authority of the state board of education. It shall be the duty of the deputy examiners to send all examination papers to the superintendent of public instruction without grading them. The deputy superintendents of public instruction shall act as deputy examiners in such counties in their respective districts as shall be designated by the superintendent of public instruction, and the deputy superintendent of public instruction shall appoint in addition a sufficient number of deputy examiners to provide for all the counties of the state; p)'ovided, that there shall not be more than two such deputy examiners in any one county. Deputy examiners other than the deputy superintendents of public instruction shall receive a compensation of five dollars a day, to be paid as other claims out of the state general fund. The state board of education shall prescribe such rules and regulations governing examinations as may be needful to secure uniformity and justice. Regulations Regarding Questions. SEC. 20. The questions used for written work in teachers' examina- tions shall be prepared by the state board of education, and shall be uni- form throughout the state. Such examination questions shall be for- warded to the various deputy examiners throughout the state by the superintendent of public instruction, so as to reach their destination immediately before the date set for the examination. Such questions shall be sent under the seal of the state board of education, the questions 16 SCHOOL LAWS OF NEVADA on each subject being under separate seal, and no questions shall be opened by any deputy examiner or other person until the day and the hour set for the use of such questions, and this time shall be plainly specified under each seal. Unlawful Use of Questions. SEC. 21. It shall be unlawful for any person to sell or offer for sale, or buy or offer to buy, or to distribute, or to have in his or her posses- sion, except as authorized by this act, any printed or written examina- tion questions prepared for any examination to be held for the purpose of testing the qualifications of persons desiring to be admitted to the practice of any of the professions in this state in which it is required that such persons be examined as to their qualifications, or any printed or written examination questions prepared for teachers' examinations for certification of teachers in this state, or for any printed or written examination questions prepared of the final examination of students in any of the schools of this state prior to the time for holding such exam- ination . Penalty for Unlawful Use of Questions. SEC. 22. Any person selling or offering to sell, buying or offering to buy, distributing or having in his or her possession any such examina- tion questions contrary to section 21 of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of not less than $25 nor more than $100, or imprisonment in the county jail for not less than ten days nor more than six months; provided, that the provisions of this act shall not be construed to prevent the proper officials or instructors whose duty it is to conduct the said examination referred to in section 21 of this act from having in their possession printed or written copies of such examination questions; provided, further, that the state printer shall have the care and custody of such examina- tion questions while they are in process of being printed. Grades of Certificates. SEC. 23. Teachers' certificates in this state shall be: High school, authorizing the holder thereof to teach in any high school or elementary school in the state; Elementary, authorizing the holder thereof to teach in any elementary school in the state; Special, authorizing the holder to teach such special branch or branches of learning, and in such grades as are named in the certificate; Temporary, authorizing the holder to teach such branches of learning and in such grades and school districts as are named in the certificate; High-School Certificates on Examination. SEC. 24. The high-school certificate shall be valid for four years from the date of issuance and shall be issued on examination in the following subjects: (a) English grammar, spelling, arithmetic, geography, English literature, general history, history of the United States, civil govern- ment, current events, algebra, plane geometry, physics, and history and methods of teaching; (b) Any one of the following foreign languages: Latin, French, German, Spanish; (c) and any three of the following additional subjects: Rhetoric, English history, solid geometry, physical geography, chemistry, botany, and zoology; provided, that no high-school SCHOOL LAWS OF NEVADA 17 certificate on examination shall be issued to any person whose general average is less than ninety per cent ; and provided further, that such cer- tificate shall not be issued to any person under twenty years of age. Credit may be allowed to applicants for any subject in the above list sat- isfactorily completed in a standard college, or to applicants holding a Nevada elementary certificate of first grade for a standing of ninety or more made in any of the above subjects as shown on such elementary certificate and record thereof on file in the state superintendent's office. The high-school certificate may be renewed by the state board of educa- tion according to such rules and regulations as the board may pre- scribe. As amended, Stats. 1913, 156, 157 . Elementary Certificate, First Grade, on Examination. SEC. 25. The elementary school certificate, first grade, shall be valid for three years from the date of issuance, and shall be issued upon examination in the following subjects: Spelling, reading, writing, English grammar, mental arithmetic, written arithmetic, physiology and hygiene, history of the United States, geography, general history, drawing, music, business forms, civics, current events, and theory and methods of teach- ing; provided, that such certificate shall not be issued on examination to any person whose general average is less than eighty-five per cent or whose grade is less than sixty-five per cent in any one subject. The elementary certificate, first grade, shall not be issued to any person under twenty years of age nor to any person who has had less than sixteen months of successful experience in teaching. Such certificate may be renewed by the state board of education according to such rules and reg- ulations as the board may prescribe. Any person who shall at any regular examination make a grade of eighty-five per cent or more in any subject or subjects shall receive credit for such subject or subjects toward a first-grade elementary certificate; and the state board of education may allow credits for satisfactory work done by applicants for certificates on examination, in a standard sum- mer school, in determining their per cent standing in any subject or subjects. As amended, Stats. 1913, 157 . Elementary Certificate, Second Grade, on Examination. SEC. 26. The elementary certificate, second grade, shall be valid for two years from the date of issuance, and shall be issued upon exam- ination in all subjects required for the first-grade elementary certificate; provided, that a second-grade elementary certificate shall not be issued to any person whose general average is less than seventy-five per cent or whose grade is less than sixty per cent in anyone subject; and, provided further, that county normal elementary certificates of the second grade shall be issued to graduates of the county normal training school without examination therefor. In no case shall an elementary certificate of the second grade be renewed. As amended, Stats. 1913, 157, 158. Elementary Certificate, Third Grade. SEC. 27. The state board of education shall have power, after the regular teachers' examination in December, and before the next regular examination is held, to grant third-grade elementary certificates to appli- cants who took the December examination, and who are actively engaged in teaching in Nevada; provided, that a third-grade elementary certificate shall entitle the holder to teach in the school in which she was engaged 18 SCHOOL LAWS OF NEVADA as a teacher at the time of the December examination, and in no other school, for a period not longer than until the next regular examination of teachers; provided further , that but one third-grade elementary certifi- cate shall be granted to the same person. Life Diplomas. SEC. 28. The state board of education may grant a life diploma to any resident of the State of Nevada who shall present evidence of having taught successfully and continuously for a period of seventy-two months, thirty-six of which shall have been in the State of Nevada. A life diploma granted under this section shall be of the same grade as the certificate held by the applicant at the time of the application for the diploma and shall entitle the holder thereof to teach in any school in the State of Nevada of a grade corresponding to the grade of the certificate upon which the life diploma was granted; provided, that no life diploma shall be granted upon a nonrenewable certificate. Different Certificates to Certain Graduates of Nevada State Normal College. SEC. 29. High-school certificates, good for five years, shall be issued to graduates of the Nevada State Normal School, advanced course. First- grade elementary certificates, good for five years, shall be issued to grad- uates of the Nevada State Normal School, elementary course. To the graduates of the Nevada State Normal School who hold high-school cer- tificates, the state board of education shall grant a life diploma of high- school grade when said graduates shall have completed at least forty-five months of successful teaching in public schools. To all graduates of the Nevada State Normal School who hold a grammar-school certificate, the state board of education shall grant a life diploma of the grammar grade when said graduates shall have completed at least forty-five months of successful instruction in public schools. Graduates of Other Institutions May Be Certificated. SEC. 30. Graduates of universities, colleges, and normal schools sup- ported by state appropriations, approved by the state board of education, shall be permitted to submit their credentials from such institutions, and to the extent that these credentials give evidence of scholarship and pro- fessional preparation they shall be accepted in lieu of examination; pro- vided, that no certificate of the elementary grade shall be granted upon any credentials not equivalent to a diploma of graduation from the Nevada State Normal School; and provided further, that no high-school certificate shall be granted upon any credential not equivalent to a diploma of grad- uation from a science course or the liberal arts course of the University of Nevada, together with the required training in educational subjects. Life Certificates of Other States. SEC. 31. Any teacher holding a life certificate from another state shall be permitted to submit such certificate as evidence of his or her fitness for teaching, and if the state board of education shall be satisfied that the state which issued such certificate maintains a high professional standard, said board may issue a certificate for teaching in this state of such grade as it shall deem proper. Such credentials should be for- warded to the superintendent of public instruction, Carson City, Nevada. All Papers Graded by Board of Educational Examiners. SEC. 32. All examination papers for teachers' certificates shall be SCHOOL LAWS OF NEVADA 19 examined and graded under the authority of the state board of education by the board of educational examiners, which shall consist of at least one member of the state board of education, the deputy superintendents of public instruction, and such other persons, not to exceed three in num- ber, as may be appointed by the superintendent of public instruction. The board of educational examiners shall certify the grade of each appli- cant in each subject to the state board of education. Persons appointed by the superintendent of public instruction as members of the board of educational examiners shall receive compensation at the rate of five dol- lars a day for the time actually employed in such service, to be paid out of the state general fund in the usual manner. Special Certificates. SEC. 33. The state board of education shall grant special certificates valid for teaching music, drawing, manual training, penmanship, com- mercial subjects, kindergarten work, or any specified foreign language, provided that it shall be satisfied that the applicant is qualified to teach such special subject. The board shall determine as to the fitness of the applicant by whatever method shall appear to be most appropriate. Such certificate shall be valid for two years. A special certificate shall entitle the holder to teach only the subject or subjects mentioned in the certifi- cate. Temporary Certificates Restriction, SEC. 34. The deputy superintendent of public instruction may, at his discretion, issue temporary certificates without examination; provided, that such certificate shall be issued upon request of the board of school trustees of a school district in this state, and that such certificate shall be valid only in the district from which the request is made, and such certificate shall be valid only until the next teachers' examination held in the county in which such person shall be teaching. If any member of the board of school trustees making the above-mentioned request is a member of the family or a near relative of the applicant, the certificate shall not be granted. Not more than one temporary certificate shall be granted to any one person. Age Limit, SEC. 35. No certificate authorized by this act shall be issued to any person under eighteen years of age. CHAPTER 5 POWERS AND DUTIES OF TEACHERS Teacher Must Be Legally Employed. SEC. 36. No teacher shall be entitled to receive any portion of the public school moneys as compensation for services rendered, unless such teacher shall have been legally employed by the board of trustees, nor unless such teacher shall have a certificate issued in accordance with law, in full force and effect at the time such service is rendered, nor unless such teacher shall have made a full and correct report, in the form and manner prescribed by law, to the superintendent of public instruction and to the board of school trustees. School Officer May Administer Oath, SEC. 37. The superintendent of public instruction and the deputy 20 SCHOOL LAWS OF NEVADA superintendents of public instruction are hereby authorized to adminis- ter the oath (or affirmation) to teachers and all other oaths (or affirma- tions) relating to public schools. Teachers to Take Official Oath Form of Oath. SEC. 38. Each and every teacher employed in this state, whose com- pensation is payable out of the public funds, shall take and subscribe to the oath as prescribed by the fifteenth article of the state constitution before entering upon the discharge of the duties of such teacher. Such oath, when so taken and subscribed to, shall, if that of a teacher in the state university, be filed in the office of the board of regents; if of any other class of teachers, the same shall be filed in the office of the super- intendent of public instruction. The oath is as follows: I, ,do solemnly swear (or affirm) that I will support, protect and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution or law of any state convention or legislature to the contrary notwithstanding. And further that I will well and faithfully perform all the duties of teacher on which I am about to enter (if an oath); "so help me God"; (if an affirmation) "under the pains and penalties of perjury." Sworn and subscribed to before me a of the county of and State of Nevada, this day of , Anno Domini 191 Duties of Teachers Enumerated. SEC. 39. Every teacher in the public schools shall: 1. Upon opening school in any school district file with the deputy superintendent of public instruction, a Nevada teachers' certificate enti- tling the holder to teach the school in the district in which he shall be hired, together with the oath of office, and any other report that the superintendent of public instruction shall require. The deputy superin- tendent shall acknowledge the receipt of each teachers' certificate and shall make proper record of the same in his office. The teacher's cer- tificate shall remain on file in the office of the deputy superintendent until the teacher's final report shall be received in his office; 2. One week before closing the school, make a final report in the man- ner and on the blank forms prescribed by the superintendent of public instruction. The final report shall include all required statistics and information for the entire school year, notwithstanding any previous report for a part of the year. The teacher shall make estimates of the statistics and information of the last week in order to close the final report. Upon receipt of the teacher's final report, the deputy superin- tendent shall, if he approve such report, notify the clerk of the school district from which the report comes that the teacher's final report has been received, and the clerk of the board shall then draw the trustees' order in payment for the teacher's last month's salary. Any trustees' orders drawn in violation of the provisions of this act shall be illegal ; 3. Keep record of all scholars attending school in accordance with the registers prescribed by the superintendent of public instruction, and teachers shall make reports of such records at such times and to such SCHOOL LAWS OF NEVADA 21 persons as the superintendent of public instruction shall designate. All school registers shall be delivered to the board of trustees at the close of every school term ; 4. Enforce the state course of study, or the city course of study (as the case may be) , the use of the legally authorized text-books, and the rules and regulations prescribed for teachers and schools; 5. Hold pupils to a strict account for their conduct on the way to and from school, on the playground and during any intermission; provided, however, that no school teacher or principal, or board of trustees, shall expel or suspend any pupil under the age of fourteen years for any cause without first securing the consent of the deputy superintendent of public instruction. CHAPTER 6 SCHOOL TRUSTEES Board of Trustees a Body Corporate. SEC. 40. The trustees of a school district shall constitute a board for such district, and such board is hereby created a body corporate. Property Held by Trustees as Corporation, SEC. 41. All property which is now vested in, or shall hereafter be transferred to the trustees of a district, for the use of schools in the dis- trict, shall be held by them as a corporation. Number of Trustees. SEC. 42. School districts having fifteen hundred or more school chil- dren as shown by the last preceding school census, shall have five trustees; other districts shall have three trustees. Election of Trustees. SEC. 43. An election of school trustees shall be held in each school district of the state on the first Saturday in April, nineteen hundred and ten, and on the same day every two years thereafter. At such elections three trustees shall be elected in any district having fifteen hundred or more school census children, as shown by the last preceding census, two for four years and one for two years ; and two trustees shall be elected in every other district, one for four years and one for two years. Number of Trustees, How Determined. SEC. 44. In any school district having for the first time fifteen hun- dred school census children, as determined after the election of trustees in any year, there shall be elected at the next ensuing school trustee elec- tion two trustees for four years and two trustees for two years, to bring such district to the five-trustee basis; and in any district falling below such number, as determined after a school trustee election, there shall be elected at the next ensuing trustee election one trustee for four years, to bring such district to the three-trustee basis. Election Officers, How Appointed. SEC. 45. Three inspectors of election and such other officers as may be necessary, shall be appointed by the school trustees in each district; provided, that respecting all questions that come before said election boards, the inspectors only shall determine the same. If the trustees fail to appoint the election officers, or if they are not present at the time of opening the polls, the electors present may appoint them. All 22 SCHOOL LAWS OF NEVADA such officers shall serve without compensation ; provided, that in districts of the first class, the inspectors and a clerk of election may be allowed compensation not to exceed four dollars each for services at such election, said compensation to be paid from the district school funds. If two or more polling places are kept open in districts of the first class, three inspectors and one clerk shall be appointed for each polling place, and each such officer shall be allowed compensation not to exceed four dollars. Notice of Election To Be Posted Hours of Election. SEC. 46. Not less than ten days before the election held under the provisions of this act, the trustees in each district shall post notices in three public places in the district, which notices shall specify that there will be an election held at the schoolhouse in such district and the hours between which the polls will be kept open. In districts of the first class the polls shall be kept open between the hours specified by the board of trustees and in districts of the second class the polls shall be kept open between the hours of 1 o'clock p. m. and 5 o'clock p. m. If the trustees shall have failed to post notices as required by this section, then any three electors of the district may, within five days of the day of election, give notice of such election, which notices shall be sufficient for the elec- tion required by this act, and in such case no registration shall be neces- sary, but all the other provisions of this act shall be enforced; provided, that in districts of the first class as many different polling places may be kept open as there are schoolhouses in the district, and the trustees may decide in what buildings the election shall be held; but in such cases, the trustees must specify, in the election notice, the particular buildings in which polling places will be held. Qualification for Voting. SEC. 47. No person shall be allowed to vote at any school election unless he is a resident of the district and his name appears upon the official registry list of the voting precinct or precincts including the dis- trict for the last preceding general election; provided, that any citizen of the United States who shall have resided in this state six months, and in the school district thirty days next preceding the day of election, and whose name is not upon the said official registry list, may apply to the clerk of the board of school trustees, or to a person authorized by the trus- tees of the district to act as registry agent, not more than eight nor less than five days prior to the day of election, to have his name registered. Registration Regulations Form of Oath. SEC. 48. It shall be the duty of the clerk of the board of school trus- tees, or the person appointed by the board of school trustees, as the case may be, to register any qualified voter of the school district who may apply to be registered under the provisions of the preceding section ; pro- vided, that if the person applying to be registered be unknown to the reg- istry agent, or his qualifications for voting be unknown, he shall, before having his name registered, be required to subscribe to the following oath : "You do solemnly swear that you are a citizen of the United States; that you are twenty-one years of age; that you will have resided in the state six months and in this school district thirty days next preceding the day of the school election." False swearing under the provisions of this sec- tion shall be deemed perjury and punished as now provided by law. SCHOOL LAWS OF NEVADA 23 List of Voters, SEC. 49. No person shall be entitled to vote under the provisions of this act except he be registered as herein provided. The board of school trustees shall prepare, or cause to be prepared, or obtain a list, certified or sworn to as being correct, of the names of all persons entitled to vote at the school election as herein provided, which said list shall be com- pleted at least three days prior to the day of election, and shall be under the charge of the clerk of the board of school trustees and subject to the inspection of any qualified voter in the district. Preparation of List of Voters Compensation. SEC. 50. The board of school trustees in all districts having a voting population of fifty or more, are authorized to employ a competent person to prepare said list of qualified voters and to pay for the work out of the school fund of the district, in a manner as other claims against the dis- trict are allowed and paid, a reasonable sum, not exceeding five cents a name for each qualified voter, providing that the total amount to be allowed shall not exceed fifty dollars. The list so prepared shall be sworn to by the person making the same as correct according to his best knowledge, information and belief. List Delivered to Inspectors. SEC. 51. The list of qualified voters, as hereinbefore described, shall be delivered to the inspectors of election prior to the time of opening the polls on the day of election, and no person shall be entitled to vote at the election whose name is not on said list; provided, that any person whose name is left off said list by mistake, design, accident, or otherwise, may have his name placed thereon by the inspectors of election upon satisfactory proofs being presented of his having previously been regis- tered in accordance with the provisions of this act. Voting Shall Be by Ballot. SEC. 52. The voting shall be by ballot, either written or printed, and when two or more trustees are to be elected for different terms, the ballot shall designate such term as "long term" and "short term" respectively. Ballots, Number of What to Contain. SEC. 53. In all school districts having a voting population of one hundred or over, the board of school trustees shall have printed ballots of uniform size containing the names in alphabetical order of all persons candidates for the office of school trustee. There shall be twice as many ballots printed as there are voters in the district, and no ballots other than those furnished by the board of school trustees shall be voted. How to Vote. SEC. 54. A person desiring to vote shall, if his name be upon the reg- istry list as herein provided, receive from the board of election or some member thereof, and from no other person, a ballot upon which he shall designate his choice for trustee or trustees to be elected in the district, by placing a cross thus: X, opposite and to the right of the name of the person for whom he intends to vote. Instructions as to Voting. SEC. 55. There shall be placed on the ballots, in addition to the names of the candidates, such information as the board of trustees may deem 24 SCHOOL LAWS OF NEVADA necessary to inform the voter how to mark his ballot, such as: "Place a cross thus: X, opposite and to the right of the name of the candidate for whom you wish to vote," "vote for one" "vote for two" etc. Not Allowed at Polls Misdemeanor. SEC. 56. No person, other than the board of election or a police officer in the discharge of his duty, shall be allowed within one hundred feet of the polls, except when actually engaged in voting or in going to or from the polls for the purpose of voting or of challenging the vote of another, and excepting all persons in attendance upon any school which may be in session in the building. No person shall show his ballot to another while marking it or after marking it so as to disclose for whom he has voted, but he shall, as soon as possible after marking it, fold it so that the marking will be on the inside and return it to the board of election to be counted. Wilful violation of any of the provisions of this section shall constitute a misdemeanor, punishable by a fine not exceeding fifty dollars, or imprisonment in the county jail not exceeding twenty-five days, or by both such fine and imprisonment. Assistance in Marking Ballots, When Allowed. SEC. 57. No person shall receive assistance in marking his ballot unless physically unable to mark it and then only by permission of the board of election. A voter spoiling his ballot may procure another by deliver- ing the spoiled ballot to the board of election. Challenge Illegal Voting Punished. SEC. 58. Any registered person offering to vote may be challenged by any elector of the district, and the judges of election must thereupon administer to the person challenged an oath in substance as follows: You do swear that you are a citizen of the United States; that you are twenty-one years of age; that you have resided in this state six months, and in this school district thirty days next preceding this election, and that you have not voted before this day. If he takes the oath pre- scribed in this section his vote shall be received, otherwise his vote must be rejected. Illegally voting under the provisions of this act shall be punished the same as the law now provides for punishing offenses of this character. Candidates to File Names with County Clerk. SEC. 59. In school districts having a voting population of one hun- dred (100) or over, candidates for the office of school trustee shall, not later than five days before the day of election, have their names filed with the county clerk of said county, with designation of the term of office for which they are candidates, and no names shall be placed upon the ballots unless filed within the time herein provided. Duty of Election Board on Completion of Count. SEC. 60. The board of election in districts of the first class shall keep a poll list and tally sheet, which, together with the registry list and all ballots cast, shall be delivered to the county clerk upon the count being completed, and such returns shall be kept as the law now provides for keeping returns of general elections; but in districts of the second class, said poll list, tally sheet, registry list and all ballots cast, upon the count being completed, shall be delivered to the deputy superintendent of public instruction and kept on file in his office. After the completion SCHOOL LAWS OF NEVADA 25 of the count at each polling place in districts of the first class using more than one polling place, the election board of each polling place shall meet at a place designated by the board of trustees and there sum- marize all votes cast in the district and make out the election certificates. Certificates of Election, SEC. 61. The election board shall issue certificates of election to those receiving the greatest number of votes cast in accordance with the pro- visions of this act, specifying the number of years for which each is elected; and the election board shall immediately send by mail a copy of each election certificate to the deputy superintendent of public instruction. Terms of Office. SEC. 62. Trustees elected under this act shall take office on the first Monday in May following their election. Vacancies, How Filled. SEC. 63. On the fourth Saturday after the occurrence of any vacancy or vacancies in any board of school trustees, an election may be held to elect a trustee or trustees for the remainder of the unexpired term or terms. Such elections shall be conducted in accordance with the law now in effect for the election of public school trustees; provided, that the remaining members or member of the board may serve as a full board for the purpose of making all required preliminary arrangements for con- ducting said elections to fill said vacancies. Deputy to Fill Vacancies. SEC. 64. In case the voters fail to elect, or in case no election is held, as provided in the preceding section, the deputy superintendent shall fill all vacancies occurring in said board of trustees. Meetings of Trustees Duties of Clerk Compensation. SEC. 65. It shall be the duty of the board of trustees, a majority of whom shall constitute a quorum for the transaction of business, to meet on the first Monday in May following their election, or as soon as prac- ticable thereafter, after taking the oath of office, at such place as may be most convenient in the district, and to organize by electing one of their number president of the board and another as clerk. It shall be the duty of the president to preside at the meetings of the board. It shall be the duty of the clerk to record the proceedings of the board in a book to be provided for the purpose ; and all such proceedings, when so recorded, shall be signed by said clerk. Said book shall at all times be subject to the inspection of the deputy superintendent of public instruction and of any taxpayer in the district. In districts having a school census popu- lation of three hundred or more and not exceeding one thousand the clerk of the board of trustees may receive such salary as said board may allow; provided, that such salary shall not exceed ten dollars per month; provided, that in districts having a school census population of one thou- sand or more the clerk of the board of trustees shall receive not to exceed fifty dollars. Majority Vote to Legalize Action. SEC. 66. No action of the board of school trustees in any school dis- trict shall be valid unless such action shall receive the approval of a 26 SCHOOL LAWS OF NEVADA majority of the members of such board at a regularly called meeting. The clerk of the board shall give notice of each meeting to each member of the board of school trustees, specifying the time, place and purpose of each meeting; provided, that if all members of such board are present at such meeting the lack of such notification shall not invalidate its pro- ceedings. In all school districts in which there are not less than three hundred school census children, as shown by the last preceding school census report, the board of school trustees shall hold a regular meeting at least once each month, at such time and place as it shall determine, and pub- lic notice of such meeting shall be given in one or more newspapers published in such district; provided, that such notices can be published without cost to the district. Powers and Duties of School Trustees. SEC. 67. School trustees shall have the power and it shall be their duty: 1. To buy or sell any schoolhouse or schoolhouse site directed to be bought or sold by a vote of the heads of families of the district; provided, that in districts in which there shall be fewer than ten such heads of families, no schoolhouse or schoolhouse site shall be sold without the approval of the deputy superintendent of public instruction; 2. To build, purchase, or rent schoolhouses when directed to do so by a vote of the heads of families, and to equip and supply the same with all things necessary for the successful operation of the schools of the dis- trict. The trustees, without such vote, shall make necessary repairs on any school buildings when the expense of such repairs will not exceed five hundred dollars; provided, that in districts of the first class the trus- tees may make all necessary repairs without a vote of the electors. No public schoolhouse shall be erected in any school district until the plan of the same has been submitted to and approved by the deputy superin- tendent of public instruction. The county auditor shall draw no war- rant in payment of any bill for the erection of such new schoolhouse until notified by the deputy superintendent of public instruction that the plans for the said new schoolhouse have received his approval; [See section 194, as amended, Stats. 1913, 298.] 3. To change the location of schools or schoolhouse sites; provided, that in districts in which there shall be fewer than ten heads of families, no school or schoolhouse site shall be changed without the approval of the deputy superintendent of public instruction ; 4. To call meetings of the heads of families of the school district in order to secure by vote the authority to procure or sell schoolhouse sites, or to erect, purchase, sell, hire, or rent schoolhouses for the use of the district. Whenever the trustees shall decide to hold such meeting, they shall give at least ten days' notice by posting at least three notices of such meeting in three conspicuous places within the district. One of such notices shall be posted on the school grounds. The notices shall contain the time, place, and purpose of the meeting. The president of the board shall call such meeting to order and shall preside over the deliberations of the same. The clerk of the board shall keep a record of the proceedings of such meeting in a book kept especially for that purpose. In case of the absence of either the president or the clerk of the board at such meeting, the heads of families assembled shall proceed SCHOOL LAWS OF NEVADA 27 to elect a president pro tern and a temporary clerk. All questions placed before the meeting shall be determined by ballot or by taking the " ayes" and "noes" as the meeting shall decide; [See section 194, as amended, Stats. 1913, 298.] 5. To manage and control the school property within their districts, and pay all moneys collected by them, from any source whatever, for school purposes, into the county treasury, to be placed to the credit of the county fund of their district; 6. To cause to be erected at least two suitable and convenient privies for each of the schools under their charge, which shall be entirely sepa- rate each from the other, and have separate means of access and approaches thereto. In case of failure or neglect on the part of the trustees to provide privies in accordance with the provisions of this sec- tion, the deputy superintendent of public instruction shall have power and it shall be his duty to cause such privies to be built, and to pay for the same by drawing his order on the county auditor on the funds of the district, and the auditor shall draw his warrant upon the county treas- urer in payment of the same; 7. To prescribe and enforce rules, not inconsistent with law or those prescribed by the state board of education, for their own government and government of schools, and to transact their business at regular or special meetings, called for such purpose, notice of which shall be given each member; 8. To keep the public school buildings in their charge in such repair as is necessary for the comfort and health of pupils and teachers, and in case of neglect to do so, the deputy superintendent of public instruction shall have power, and it shall be his duty, to cause such needed repairs to be made, and to pay for the same by drawing his order upon the county auditor on the funds of the district, and the auditor shall draw a warrant upon the county treasurer in payment of the same; provided, that the cost of such repairs shall not exceed fifty dollars; 9. To have the custody and safe keeping of the district schoolhouses, their sites and appurtenances; 10. To insure the schoolhouses, furniture and school apparatus in some company authorized by law to transact business in the State of Nevada, and to comply with the conditions of the policy; 11. To employ legally qualified teachers, to determine the salary to be paid and the length of the term of school for which teachers shall be employed, embodying these conditions in a written contract to be signed by the president and the clerk of the board or by a majority of the trustees and the teacher, and a copy of the said contract properly written shall be delivered to each teacher at the opening of the term of school ; provided, that the trustees shall not have the right to employ teachers for any term of service commencing after the time for which any member of the board of trustees was elected. The salaries of teachers shall be deter- mined by the character of the service required, and in no district shall there be any discrimination in the matter of salary as against female teachers ; provided, that it shall be unlawful for the board of trustees of any school district to employ any teacher not legally qualified to teach all the grades of the school for which such teacher is engaged to teach; 12. To pay toward the salaries of legally qualified teachers the public moneys apportioned to districts for such purpose, by giving them orders therefor on the county auditor; 28 SCHOOL LAWS OF NEVADA 13. To provide at least six months of free school in the district under their charge. If at any time the deputy superintendent of public instruction shall find that the state and county moneys to which any dis- trict is entitled are not sufficient for the completion of a term of school of at least six months during the current school year, he shall immedi- ately certify that fact and information to the clerk of the board of the said district. Upon the receipt of such information, the clerk shall imme- diately notify the other members of the board, and they shall, as soon as possible thereafter, meet and levy a district tax upon the taxable prop- erty of such district sufficient to raise an amount of money which will insure the completion of at least six months of school in that school year. Immediately after the trustees shall have made the levy provided herein, the clerk of the board shall notify the county commissioners and the deputy superintendent of public instruction of its action. The said notice shall contain the statement of the amount of money to be raised by such district tax. The county commissioners shall ascertain the necessary percentage on the property of said district as shown by the last assess- ment made thereof after equalization, to raise the amount of money voted and they shall add it to the next county tax to be collected on the prop- erty aforesaid, and the same shall be paid into the county treasury and shall be added to and become a part of the county fund of that district, and shall be drawn in the same manner as other school moneys. The tax provided herein shall be assessed, equalized, and collected in the same manner prescribed for assessing, equalizing and collecting the taxes voted for furnishing additional school facilities in section 141 of this act. If for any reason the trustees shall fail to provide the necessary funds to insure the completion of at least six months of school in any school year, when notified by the deputy superintendent of public instruction that such action is necessary on their part, as provided in this act, then the deputy superintendent of public instruction shall himself notify the county commissioners and the county auditor of the deficiency in funds for the district in question, and he shall make an estimate of the amount of money necessary to be raised, and the commissioners shall proceed to assess, equalize, and collect this amount as though the trustees them- selves had made the levy as provided in this act. 14. To maintain at least eight months of school in the school district during each and every school year; provided, there is sufficient money to the credit of the district to pay the expense of maintaining the said eight months of school. Whenever there shall be sufficient money to the credit of any school district to pay the expenses of maintaining a school for eight months in any school year, and the trustees shall for any reason neglect to provide for the said eight months of school, the deputy superintendent of public instruction shall take such steps as may be necessary to prolong and maintain the said school for at least eight months. He shall draw his order on the county auditor and the county auditor shall draw his war- rant on the county treasurer in payment of all expenses incurred in pro- longing school as provided in this section. 15. To administer all oaths pertaining to teachers, census marshals, and school trustees, whether of the same school district or of any other school district in the State of Nevada; provided, that in districts of the SCHOOL LAWS OF NEVADA 29 first class the city superintendent may administer the oath of office to teachers in their respective districts; 16. To provide books for the indigent children, desk text-books for the teachers, and record- books for the district, and to pay for the same out of the county school moneys belonging to their district ; [See also, paragraph 22 of this section.] 17. To divide the public schools within their district into kinder- garten, primary, grammar, and high-school departments, and to employ competent and legally qualified teachers for the instruction of the differ- ent departments whenever they shall deem such division into depart- ments necessary; provided, that such division into departments shall be in accordance with the state courses of study and all rules and regula- tions of the department of education ; and provided further, that there shall be means for all such departments, and if not, then the division shall be in the order in which they are herein named, excepting the kindergarten department, which shall not be considered as taking prece- dence over any other department; and provided also, that the kinder- garten department shall not be established in any school district having a school census population of less than one hundred ; 18. To suspend or expel from any public school within their district, with the advice of the teachers and deputy superintendent of public instruction, any pupil who will not submit to reasonable and ordinary rules of order and discipline therein, and to exclude from school all children under six years of age when the interests of the school requires it to be done; provided, however, that under no circumstances shall any school teacher or principal, or board of trustees be authorized to expel any pupil under the age of fourteen years for any cause without first securing the consent of the deputy superintendent of public instruction ; 19. To enforce in schools the course of study and the use of text-books prescribed and adopted by the proper authority ; 20. To make, with the approval of the deputy superintendent of pub- lic instruction, arrangements with the trustees of any other district for the attendance of such children in the school of either district as may be most convenient, and to transfer the school moneys due by apportion- ment to such children to the district in which they may attend school. The school trustees of any district may transfer to another district any child, whenever the parent or guardian shall present a written request accompanied by a written permit from the board of school trustees of the other district. Whenever two boards of trustees shall agree upon the transfer of any child, together with the money due such child by appor- tionment from state and county funds, the trustees of the district from which the child is to be transferred shall draw their order upon the county auditor for the amount equal to the money apportioned to that district at the last preceding apportionment of state and county funds, in favor of the county treasurer of the county in which the district to which the child is to be transferred is located. The county treasurer of such county shall place the amount ordered to be transferred to the credit of the proper fund of the district to which the child is to be trans- ferred, and he shall immediately notify the county auditor of such county that the amount of money so transferred has been placed in the fund of said district; provided, that the amount of money to be transferred in accordance with this section shall consist only of the moneys apportioned 30 SCHOOL LAWS OF NEVADA to the child, and not any part of the amount of money apportioned to the teacher of the district from which the child is to be transferred ; [Paragraph 20 superseded by Stats. 1913, 305, 306, cataloged in index under "Free Text-books!'] 21. To visit every school in their district at least once in each term, and examine carefully into its management, condition and wants. This clause to apply to each and every member of the board of trustees; 22. To furnish writing and drawing paper, pens, inks, blackboard erasers, crayons, and lead and slate pencils, and other necessary supplies for the use of the schools, and charges therefor must be audited and paid as other claims against the county school fund of their districts are audited and paid. [See also paragraph 16 of this section; also "Free Text-books," cataloged in index.] 23. To make an annual report, on or before the first day of July, to the deputy superintendent of public instruction, in the manner and form and on the blanks prescribed by the superintendent of public instruction ; 24. To enforce needful sanitary regulations, to make and enforce such rules for preventing the spread of contagious and infectious diseases as they may deem necessary, and to pay out of the public school funds any expenses incurred by them in enforcing such regulations and rules among indigent children. Schools To Be Maintained with Equal Rights and Privileges. SEC. 68. The boards of school trustees and county boards of educa- tion must maintain all the schools established by them for an equal length of time during the year and, as far as practicable, with equal rights and privileges; 2. When in any district it is necessary for the convenience of the residents of said district that the school therein should be maintained a part of the year in one portion of the district, and a part of the year in another portion of the district, the aggregate of the time the school has been maintained in the different portions of the district shall be con- sidered in estimating the time for which a school has been maintained in the district during the school year. Clerk To Issue Warrants. SEC. 69. It shall be the duty of the clerk of the board of school trustees in each district, subject to the direction of said board, to draw all orders for the payment of the moneys belonging to his district, and such orders, when signed by the president and clerk of the board or by a majority of the board of trustees, shall be valid vouchers in the hands of the county auditor for warrants on the county treasurer, to be paid out of the funds belonging to such district; provided, that in school dis- tricts having fewer than five trustees, no warrant for the payment of money for a new school building or for repairs or furniture in excess of five hundred dollars shall be issued unless the order shall be approved by the deputy superintendent of public instruction. Itemized Statement of Bills. SEC. 70. All such orders shall be accompanied by an itemized state- ment of the purpose or purposes for which the order is issued, and such statement shall be kept on file in the office of the county auditor, sub- ject to inspection by the deputy superintendent of public instruction, SCHOOL LAWS OF NEVADA 31 until ordered to be destroyed by the state board of education. No order for the payment of the money of any district shall be issued by the clerk of such district unless there shall be in the county treasury credited to such district a sum of money equal to the amount for which the order is issued, and available for the purpose of such order. If the clerk of the board of school trustees of any district shall draw any order for the payment of school moneys in violation of the laws of this state, the members of the board of school trustees of such district shall be jointly and severally liable for the amount of such order. Trustees To Have No Interest in Contracts, SEC. 71. . No trustee shall be pecuniarily interested in any contract made by the board of trustees of which he is a member. To Enforce Discipline. SEC. 72. The school trustees, principals and teachers are hereby given concurrent power with the peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among them. Trustees Vested with Necessary Powers. SEC. 73. The board of school trustees of the respective school dis- tricts of the State of Nevada are hereby given such reasonable and neces- sary powers, not conflicting with the constitution and laws of the State of Nevada, as may be requisite to attain the ends for which the public schools are established, and to promote the welfare of school children. Teachers, Powers of. SEC. 74. The school trustees may direct the principals and teachers employed by them to exercise such powers and authority in the schools as the trustees are invested with under this act. County Boards of Education Have Same Power as Trustees. SEC. 75. Under the provisions of this act, county boards of education in control of high schools shall have the same powers as are herein given to school trustees. CHAPTER 7 SCHOOL DISTRICTS One District Only in Town or City. SEC. 75. Every village, town, or incorporated city of this state shall constitute but one school district ; and the public schools therein shall be under the supervision and control of the trustees thereof. Classes of School Districts City Superintendent. SEC. 76. All school districts in Nevada are hereby divided into two classes. Districts employing ten or more regular grade teachers shall be known as districts of the first class, and districts employing less than ten teachers shall be known as districts of the second class. The board of school trustees of any district of the first class is hereby authorized to create the office of city superintendent of schools for such district, to define the powers and duties of such superintendent, to elect to said office any person entitled to teach in the high schools of this state, and to fix the salary; provided, that no city superintendent shall be elected for more than one year, unless said city superintendent shall have first 32 SCHOOL LAWS OF NEVADA served one year acceptably in the district, when said board of trustees is empowered to elect said superintendent for a term not to exceed four years; provided, further, that said superintendent may be dismissed at any time for cause. New Districts, When. SEC. 77. The boards of county commissioners of the several counties of the state are hereby authorized and empowered to create new school districts from unorganized territory when there shall have been presented to them a certified petition from the parents or guardians of five school census children, which petition shall accurately describe the boundaries of the proposed district, such boundaries to conform, when practicable, with the lines of the government surveys, and the names and ages of all children residing in such proposed district at the date of said petition. The boards of county commissioners may create new districts from a portion or portions of one or more established districts upon the presenta- tion of a similar petition signed by not less than three-fifths of the 'heads of families and taxpayers of the districts from which the proposed new district is to be taken. They may make changes in the boundaries of districts upon petition of three-fifths of the heads of families and tax- payers of the district or districts to be affected by the change. When a new school district is organized, school shall be commenced within one hundred and twenty days from the date of the action of the board of county commissioners creating such district, and if school shall not be commenced within such time in said district, then such action shall become void and no such district shall exist. No school district organized under the provisions of this act shall exceed in size sixteen miles square. But One School, When. SEC. 78. In any neighborhood or community containing not more than twenty school census children, in which a schoolhouse may be located so that the most distant school census child resides not to exceed three miles therefrom, but one school district shall be created or shall exist; and, in any neighborhood or community in which more than one school district is now organized, not in conformity with this act, such districts shall be consolidated, and it shall be the duty of the board of county commissioners of the county in which said neighborhood or community is located to organize the territory comprised in said districts into one school district. It shall be the duty of the county auditor and county treasurer to place the funds of the several districts to the credit of the newly organized district, and the deputy superintendent of public instruc- tion shall appoint trustees for said district. In any such neighborhood or community no school district shall receive an apportionment from the school funds until consolidated as herein provided. The deputy super- intendent of public instruction shall decide where the school shall be held, and if school is held in any other place in the district than that designated by the deputy superintendent of public instruction, the county auditor shall draw no warrants upon the funds of the district in pay- ment of claims for the maintenance of said school. Restriction in Apportionment. SEC. 79. The county school fund shall not be apportioned to any school district unless there shall be at least five school census children SCHOOL LAWS OF NEVADA 33 residing therein as shown by the last preceding census report. The state school fund shall not be apportioned to any school district unless there shall be at least three school census children residing therein as shown by the last preceding census report. Certain Districts Not to Receive School Money, When Division of District. SEC. 80. From and after September first, nineteen hundred and eleven, no school district, except when newly organized, in which there was not taught by a legally qualified teacher, a public school for a term of at least six school months of the school year ending the last day of June preceding, with at least three children of school age in actual attendance for eighty days, sixty days of which shall have been consec- utive, shall receive any portion of the public school moneys. When a new district is formed by the division of an old one, it shall be entitled to a just share of the school moneys to the credit of the old district after the payment of all outstanding debts at the time when a school was actu- ally commenced in such new district; and the superintendent of public instruction shall divide and apportion such remaining money according to the number of census children resident in each district, for which pur- pose he may order a census to be taken, the expenses of which shall be met as provided in section 133 of this act. Joint School District. SEC. 81. A joint school district may be formed of parts of two or more counties, provided a majority of the qualified voters in that part of each county which it is proposed to include in such joint district shall petition for the creation of such joint district, such petition to contain a description of the boundaries of the proposed joint district. When such petition is presented to the board of county commissioners in each county in which any part of the territory of said proposed joint district is located, such boards shall, if they favor the establishment of a joint district, pro- vide for such establishment, and the superintendent of public instruction shall appoint the members of the board of school trustees, who shall serve until their successors are elected and qualified according to law. State Superintendent to Apportion Funds, How. SEC. 82. The superintendent of public instruction shall apportion the county school fund to any such joint school district as follows : In appor- tioning sixty per cent of the county school fund of any county, he shall apportion to a joint school district the regular amount per census child residing in that countj^. In apportioning forty per cent of the county school fund of any county, he shall consider the teacher as belonging in part to each county, part of which lies in the joint school district, and the part belonging to any county will be in proportion to the number of school census children in that county. In apportioning thirty per cent of the state distributive school fund within any county, he shall apportion to a joint school district the regu- lar amount per census child residing in that county. In apportioning seventy per cent of the state distributive school fund within any county, he shall consider the teacher as belonging in part to each county, part of which lies in the joint school district, and the part belonging to any county will be in proportion to the number of school census children in that county. 34 SCHOOL LAWS OF NEVADA Union School, How Established. SEC. 83. On the recommendation of the deputy superintendent of public instruction, the boards of school trustees of any contiguous school districts in the same county or in adjoining counties may, in joint meet- ing of the two boards, unite the two districts and establish a union school to be supported out of the funds belonging to the respective districts. Joint Board to Govern More than One School, When, SEC. 84. The school thus established shall be governed by a joint board, composed of the trustees of the combining districts; provided, that school may be maintained at more than one point in the union district thus formed, if found necessary or advisable; and provided further, that the classes and grades in the two districts shall be arranged with reference to the convenience of the children and the efficient and economical management of the school. In case of a disagreement of the joint board as to the arrangement and distribution of the various classes and grades in the two districts, the deputy superintendent of public instruction shall determine the same. Expenses, How Paid. SEC. 85. A majority of the members of the joint board shall consti- tute a quorum for the transaction of business. Vouchers shall be made out on the separate district funds for the pro rata of monthly expenses, as agreed upon by the joint board, and these vouchers shall be signed by the president and clerk of the school board in the district on whose fund the vouchers are drawn. District Dissolved, When. SEC. 86. The union school, or district, herein provided for, may be dissolved in June of any year by mutual consent or action of the boards of school trustees in the districts interested, or by the unanimous action of the school board of either district; provided, that no indebtedness incurred by the joint board exists; and provided further, that in case of dissolution by action of only one of the two districts as herein pre- scribed, at least thirty days' notice of intention to dissolve shall have been given to the joint board. Districts Enlarged or Consolidated. SEC. 87. The board of county commissioners in any county on the recommendation of the deputy superintendent of public instruction, and without formal petition, may enlarge the boundaries of any school dis- trict, wherein there may be uncertainty of maintaining the minimum requirement of five census children, sufficiently beyond the sixteen-mile- square limit to include five or more census school children actually residing, and not temporarily living, therein, or the board, upon the recommendation of the deputy superintendent, may consolidate two or more such districts or parts of districts into a single district. Property of Consolidated Districts. SEC. 88. In case of the consolidation of two or more districts as herein provided for, the property of the separate districts shall become the prop- erty of the district thus formed, and any money in the fund of a district consolidated with another shall, on notice given by the deputy superin- tendent of public instruction, be transferred by the county auditor and the county treasurer to the credit of the district so formed. SCHOOL LAWS OF NEVADA 35 Board Appointed, When. SEC. 89. When a district is formed by consolidation as herein pro- vided, the deputy superintendent of public instruction shall appoint a board of school trustees therefor; he shall determine the points therein where instruction is to be given, and shall aid the trustees in making necessary provision for carrying out the purposes of this act. Emergency Fund Created. SEC. 90. At the time of the apportionment of money in the state dis- tributive school fund in January and July of each year, the superintend- ent of public instruction, before making such apportionment, shall set aside from said fund the sum of three thousand dollars, the same to con- stitute and be known as the emergency school fund; and he shall at once notify the state controller and the state treasurer of his action. For Districts Formed After Regular Apportionment. SEC. 91. The emergency school fund, or such portion thereof as the state board of education shall deem advisable, shall be used as herein- after provided for payment of a teacher's salary in any legally consti- tuted school district formed after the regular apportionment in January and July of any year and not consisting mainly or wholly of census chil- dren and territory theretofore included in an established school district. Conditions Before Money Is Distributed. SEC. 92. Before any portion of the emergency school fund is dis- tributed to any school district that may be entitled thereto under the provisions of this act, the superintendent of public instruction shall cause a census to be taken and shall satisfy himself that a competent teacher has been employed and that a suitable building has been provided. Basis of Distribution. SEC. 93. The money in the emergency school fund, or such part thereof as may be necessary, shall be distributed to the various districts entitled thereto on the basis of teachers one teacher to every fifty census children or fraction thereof; and not more than two hundred and fifty dollars shall be allowed for any one teacher. The money thus distrib- uted shall be used only for the payment of salaries of teachers. The superintendent of public instruction shall submit to the state board of education lists of school districts entitled to money under the provisions of this act, and estimates of the amount of money necessary for each district. But One Apportionment to Any District from Emergency Fund. SEC. 94. No more than one apportionment shall be made to any one school district from the emergency school fund. But at the general apportionments thereafter such district shall be entitled to its share of the state distributive school fund and of the general school fund of the county in which the district is located, the census provided for in sec- tion 92 of this act serving as the basis of apportionment until the general school census is available therefor. State Board of Education to Approve. SEC. 95. Upon approval by the state board of education of the amounts to be distributed, the superintendent of public instruction shall draw his order on the state controller for the sum to be sent from the 36 SCHOOL LAWS OF NEVADA emergency school fund to any county, and the state controller shall thereupon draw his warrant on the state treasurer therefor, and the state treasurer shall pay over the money to the county treasurer, or any treasurer named. The superintendent of puhlic instruction shall inform the county auditor and the county treasurer of any county to which money is thus sent, of the amount set aside for any school district or districts in that county; and such money shall be applied by the board or boards of school trustees thereof for the purpose named in this act, and disbursed in the manner prescribed by law. Residue to Revert. SEC. 96. Any money remaining in the emergency school fund on the thirtieth day of June and the thirty-first day of December of any year shall revert to the state distributive school fund. District Abolished, When. SEC. 97. Upon notice from the deputy superintendent of public instruc- tion that a district has fewer than three resident children in actual school attendance, the board of county commissioners shall abolish such district. Funds to Revert. SEC. 98. All moneys remaining to the credit of any school district which has been legally abolished, by action of the board of county com- missioners of the county in which the district is situated, shall revert to the county school fund of the said county. Property of Abolished District To Be Sold. SEC. 99. All property, real and personal, of any abolished school dis- trict shall revert to the county in which the said district is situated, and the board of county commissioners are hereby authorized to control and manage, rent or sell such reverted school property in the manner pre- scribed for the sale of county property; provided, that in case the said board of county commissioners shall find all of the real and personal property of any abolished district to be of a value less than one hundred dollars, the same may be sold without publication of notice and to the highest bidder for cash at private sale. Disposal of Proceeds. SEC. 100. All the moneys derived from the sale or rent of reverted school property shall be paid into the county school fund. CHAPTER 8 GENERAL PROVISIONS Public Schools Defined. SEC. 101. Public schools within the meaning of this act shall include all elementary schools, and all district and county high schools. Elementary School Defined. SEC. 102. An elementary school within the meaning of this act shall be one in which no grade work above that included in the eighth grade according to the regularly adopted state course of study shall be given. High School Defined. A high school within the meaning of this act shall be a school in which subjects above the eighth grade according to the state course of study may be taught. SCHOOL LAWS OF NEVADA 37 School Year. SEC. 103. The public school year shall commence on the first day of July and shall end on the last day of June. School Month and Salary of Teacher. SEC. 104. A school month shall consist of four weeks of five days each, and teachers shall be paid only for the time in which they are actually engaged in teaching; provided, that when an intermission of less than six days is ordered by the trustees no deduction of salary shall be made therefor. Sectarian Literature Prohibited. SEC. 105. No books, tracts, or papers of a sectarian or denomina- tional character shall be used or introduced in any schools established under the provisions of this act; nor shall any sectarian or denomina- tional doctrines be taught therein ; nor shall any school whatever receive any of the public school funds which has not been taught in accordance with the provisions of this section . School Property Exempt from Taxation. SEC. 106. All lots, buildings, or other school property, owned by any district, town, or city, and devoted to public school purposes, shall be, and the same are hereby, exempted from taxation, and from sale on any execution or other writ or order in the nature of an execution. Hygiene To Be Taught. SEC. 107. Physiology and hygiene shall be taught in the public schools of this state, and especial attention shall be given to the effects of stimulants and narcotics upon the human system. Song-Birds, Fish and Game. SEC. 108. It is hereby made the duty of each and every teacher in the public schools of this state to give oral instruction at least once a month to all children attending such schools, relative to the preservation of song-birds, fish, and game; and to explain to such children of suit- able ages, at least twice each school year, the fish and game laws of the State of Nevada. Teachers to Comply With Fish and Game Law Under Penalty. SEC. 109. No teacher shall be entitled to receive any portion of the public school moneys as compensation for services, unless such teacher shall have complied with the provisions of the last preceding section. Arbor Day Not Legal Holiday. SEC. 110. Arbor Day is hereby established in the State of Nevada, and shall be fixed each year by proclamation of the governor at least one month before the fixing of such date, and it shall be observed as a holi- day by the public schools of this state; provided, that nothing in this act shall be so construed as making this a legal holiday, so far as the courts and civil contracts are concerned. Arbor Day Governor's Proclamation. SEC. 111. His excellency the governor is requested to make proclama- tion setting forth the provisions of the preceding section of this statute, and recommending that Arbor Day so established be observed by the people of the state in the planting of trees, shrubs, and vines, in the pro- 38 SCHOOL LAWS OF NEVADA motion of forest growth and culture, in the adornment of public and private grounds, places, and ways, and in such other efforts and under- takings as shall be in harmony with the character of the day so established. Holidays Schools Closed. SEC. 112. No school shall be kept open on the first day of January, the thirtieth day of May, the fourth day of July, the first Monday of September, Thanksgiving day, and the twenty-fifth day of December of each year, nor on any day appointed by the president of the United States or the governor of this state for public fast, thanksgiving, or holiday. Semi-Holidays Schools Open, All schools shall be kept open and shall observe with appropriate exer- cises the twelfth day of February, the twenty-second day of February, Arbor Day, and the thirty-first day of October of each year, if such days occur on regular school days. Election Day No School Shall Be Closed. No school shall be closed on the date of any primary or general elec- tion, except in cases of school elections when the school building is needed as a polling place. The National Flag. SEC. 113. Boards of school trustees in all school districts throughout the state shall provide for their respective schoolhouses a suitable flag of the United States, which shall be hoisted on the respective schoolhouses on all suitable occasions. The respective boards of trustees are hereby authorized and directed to cause said flags to be paid for out of any county school money in their respective school district funds not required for regular expenses. If the trustees in any school district fail or neglect to provide such flag, the deputy superintendent of public instruction shall himself provide the school with a flag and shall install the same upon the schoolhouse, and shall pay the expenses incurred in such action by drawing his order on the county auditor, and the county auditor shall draw his warrant on the county treasurer in payment of same. The State Flag. SEC. 114. The flag of the State of Nevada shall be of blue bunting with the following devices thereon, to wit: The word "NEVADA" in silver-colored block letters, equidistant between the top and the bottom ; near the top the word " SILVER" in silver color, and near the bottom the word "GOLD" in gold color, each of which shall be in roman capi- tals letters, and there shall be under the word "Silver" a row of eight stars in silver color, under which and above the word "Nevada" a row of nine stars in gold color, at each end of the word "Nevada" a silver- colored star, and under the word "Nevada" a row of nine stars in gold color, under which and above the word "Gold" a row of eight stars in silver color. Each star shall have five points and be placed with one point up. District Attorney to Advise Trustees. SEC. 115. The district attorneys of the several counties of Nevada must give, when required, and without fee, his opinion in writing to school trustees, on matters relating to the duties of their offices. SCHOOL LAWS OF NEVADA 39 Attorney-General Advisor of Deputy Superintendents, Sec. 116. The state attorney-general shall give, when required, and without fee, his opinion in writing to deputy superintendents of public instruction on matters relating to the duties of their offices. Teachers Exempt from Jury Duty. SEC. 117. Teachers actually engaged in teaching in the public schools of the state and members of the faculty of the state university shall be exempt from jury duty during the session of the public schools or uni- versity, but nothing in this act shall be construed as to excuse said teachers from liability to jury duty during a vacation. Classification of Funds. SEC. 118. On and after the fifteenth day of September, nineteen hun- dred and eleven, the county auditors and the county treasurers of the several counties of the State of Nevada shall keep separate accounts in their books for the library fund, the county school fund, and the state school fund of each district within their respective counties, and in no case shall they keep any school fund account in such manner that its balance shall at any time include the amounts on hand in any two school funds. If on the said fifteenth day of September, nineteen hundred and eleven, the county auditor and the county treasurer in any county shall not have their respective school fund accounts arranged so that no school fund account shall show by its balance the amount on hand in any two or more school funds, the said county auditor and the county treasurer shall adjust their school fund accounts in the following manner: The county auditor shall determine the total amount of money in the county treasury to the credit of each school district on the said fifteenth day of September, nineteen hundred and eleven. He shall then deduct from the said total amount to the credit of each school district at the time mentioned, the amount of money which should be in the library fund of each of the said school districts on the fifteenth day of Septem- ber, nineteen hundred and eleven, and the amount so deducted shall constitute, for each school district, a separate fund which shall there- after be designated as the library fund for such school district, aud the county auditor shall thereafter make such entries in the said library fund as will show, at all times, the apportionments made to that fund, and all amounts drawn from the said fund in payment of legal claims. If for any reason the auditor cannot tell the exact amount which should be in the library fund of any school district on the date mentioned above, he shall deduct from the total amount to the credit of the school district an amount equal to the apportionment to the library fund of that dis- trict made in July, nineteen hundred and eleven, and the amount so deducted shall constitute, for such school district, a separate fund which shall thereafter be designated as the library fund as provided above. After the auditor has established the library fund for each school dis- trict, as described above, he shall deduct from the remainder of the total amount to the credit of each school district, the amount apportioned to the state school fund of that district in July, nineteen hundred and eleven, and the amount so deducted shall constitute the state school fund of that school dirtrict, and the auditor shall open a separate account in his books for the said state school fund, and he shall thereafter make 40 SCHOOL LAWS OF NEVADA such entries in the state school fund account as will show, at any time, the apportionments made to such state school fund, and all amounts drawn from the said fund in payment of teachers' salaries; provided, that only the salaries of teachers shall be paid from such fund. After establishing a library fund, and a state school fund, for each school district in the manner described above, the auditor shall establish a county school fund for each school district in the county by opening a separate account in his books and making proper entry therein of the amount left to the credit of each district after deducting from the said total amount the several amounts described above as constituting the library fund and the state school fund for each district, and the remainder left when the said two amounts shall have been deducted from the total amount to the credit of each school district, shall constitute the county school fund of each school district, and the county auditor shall there- after make such entries in the county school fund account as will show, at all times, the apportionments made to that fund, and all amounts drawn from the said fund in payment of legal claims. After the county auditor in each county has established the library fund, the state school fund, and the county school fund for each school district in the manner described above, he shall certify the amounts in each of the said funds to the county treasurer, and the county treasurer shall immediately open a separate account in his books for each of the three funds mentioned above, and he shall, thereafter, make such entries in each of the said accounts as will show, at all times, the apportion- ments made to each fund, and all amounts drawn from each fund in payment of legal claims. Penalty. SEC. 119. In case of failure or neglect on the part of the county auditor or the county treasurer of any county to comply with the pro- visions of the foregoing section, he shall forfeit for the benefit of the county school fund the sum of one hundred dollars from his official com- pensation, and it is hereby made the duty of the county commissioners, on notice from the deputy superintendent of public instruction of such failure or neglect on the part of any county auditor or county treasurer to comply with the provisions of the foregoing section , to deduct the said one hundred dollars from the compensation of the said negligent officer, and the commissioners shall place the said amount to the credit of the county school fund. Penalty for Nonfulfilment'of Contract. SEC. 120. Should any teacher employed by a board of school trustees for a specified time, leave the school before the expiration of such time, without the consent of the trustees, in writing, said teacher shall be deemed guilty of unprofessional conduct, and the deputy superintendent of public instruction is authorized, upon receiving notice of such fact, to suspend the certificate of such teacher for the period of one year. Appeal, How Made. SEC. 121 . From any decision made by a deputy superintendent affect- ing adversely the rights, powers or duties of any teacher or school board as fixed by law, in any case in which no appeal is allowed to the board of education, an appeal may be taken to the superintendent of public instruction, and his decision in the premises shall be final. SCHOOL LAWS OF NEVADA 41 CHAPTER 9 CENSUS MARSHALS Schools Classified for Census Purposes. SEC. 122. For the purpose of securing the school census each year in the State of Nevada, the school districts of the state are hereby classi- fied as follows : All school districts having thirty or more school census children at the last preceding school census shall be known as districts of the first class. All school districts having fewer than thirty census school children at the last preceding school census shall be known as districts of the second class. Teacher Ex Officio Census Marshal, When. In all school districts of the second class as described in this section the regularly appointed and qualified teachers shall be ex ofncio school census marshals and shall serve without compensation for such services as census marshals; provided, that if there shall not be any regular teachers employed and engaged in teaching in any school district of the second class as described in this section on the first day of March of each year, then it shall be the duty of the trustees of such districts to appoint on the said first day of March of each year a competent person over twenty-one years of age as census marshal for the district in the same manner as provided herein for appointment of census marshals in school districts of the first class, and in case a census marshal is appointed in such school district of the second class because there is no teacher therein, then the said marshal shall be paid for the services in the same manner as marshals in the districts of the first class are paid. Women May Serve as Census Marshals. It shall be the duty of the board of trustees of each school district of the first class as described in this section to appoint a competent person over twenty-one years of age as school census marshal before the first day of March of each year, and to notify the deputy superintendent of public instruction of such appointment immediately after it is made. This section shall not be construed in such a way as to prevent the appointment of a member of the board of school trustees or of a woman as school census marshal. Deputy Superintendent Appoints Census Marshal When. If the board of school trustees shall fail to appoint a school census marshal in any district of the first class as described in this section, or in any district of the second class when necessary, as provided in this section, before the fifteenth day of March of each year, the deputy super- intendent of public instruction shall appoint the census marshal for such school districts, such appointee to proceed in like manner as if appointed by the school trustees, and any appointment of census marshal made by the trustees subsequent to that time shall be void. As amended, Stats. 1913, 153, 154. Blanks for Marshal. SEC. 123. The superintendent of public instruction shall supply each school census marshal with printed instructions as to his duty, and with all blank forms required for taking and reporting the census. Duties of School Census Marshal. SEC. 124. The board of trustees shall designate to each census mar- 42 SCHOOL LAWS OF NEVADA shal the portion of the school district in which the said marshal shall take the census, and each census marshal shall be responsible for a cor- rect census in the territory to which he is appointed, and he shall return his census reports to the clerk of the board of trustees. The board of trustees shall, in case of two marshals in the same district, designate which marshal shall compile the final report for the deputy superintend- ent of public instruction and the board of trustees. Before the school census marshal shall enter upon the performance of his duties, he shall take and subscribe to the oath of office, and such oath shall be filed in the office of the deputy superintendent of public instruc- tion. It shall be the duty of the school census marshals to take annually in the month of April a census of the resident children in the districts for which they shall be appointed, and to report the same to the deputy superintendent of public instruction. The term "resident children" as used in this section shall be defined in such a way as to include: 1. Children residing with their parents or guardians in such district. 2. Children temporarily residing outside of said district for the pur- pose of attending institutions of learning or benevolent institutions, except those children who shall be residents of a state orphans' home, in which case the said residents of a state orphans' home shall be taken in the district in which the state orphans' home shall be located; pro- vided, that the parents of resident children of any district must have resided in the district on the first day of April; and provided further , that the resident children must themselves have been actual residents of the district immediately previous to such outside residence. The term "resident children" is further defined as to exclude: 1. Children temporarily visiting or in passing through said district. 2. Children who have never actually resided within the district, even though their parents or guardians shall reside within the district. 3. Children who are residing within the district for the purpose of attending institutions of learning or benevolent institutions, except the children of a state orphans' home, whose census shall be taken in the district in which the state orphans' home shall be located. 4. All children who may properly be included in the census of some other district. 5. Indian children who shall not have attended public school at least eighty days in the twelve months preceding the date of taking the census during the last preceding year. As amended, Stats. 1913, 154., 155. Census Marshal Must Visit Each Home. SEC. 125. The school census marshal shall visit each home, habita- tion, residence, domicile, or place of abode in his district and require the necessary information of parents or others competent to give accurate information, supplementing and correcting this by actual observation when necessary. The school census marshal shall have power to admin- ister the legal oath to parents, guardians, and other persons furnishing such information. What Report Shall Contain. SEC. 126. The reports of the school census marshals shall be made upon blank forms to be furnished by the superintendent of public instruc- tion, and shall show the following facts: 1. The full names of all children less than eighteen years of age and SCHOOL LAWS OF NEVADA 43 residing in the district on the first day of April, such names to be given by families under the name of the parents or guardian. 2. The year, month, and day on which each child was born, and the age in years, counting to the first day of April. 3. The sex and race of each child. 4. The place of birth of each child and of each parent. 5. The total number of children less than six years of age; the total number of children not less than six years of age nor over eighteen years of age. Only those children who are not less than six years of age nor more than eighteen years of age shall be considered as school census children. 6. Such other facts as the superintendent of public instruction may require. As amended, Stats. 1913, 155, 156. Districts In Two Counties. SEC. 127. In the case of districts lying partly in two or more coun- ties, the school census marshal shall report separately the children of each county. Clerk to Examine Marshal's Report. SEC. 128. Immediately after the school census marshal shall have completed the work of taking the census, he shall submit a report of the same, according to a form to be prescribed by the superintendent of pub- lic instruction, to the clerk of the board of school trustees, and if the clerk finds the report to be correct, according to the best of his knowl- edge, he shall approve the same and certify to its correctness, after which the census marshal shall transmit it to the deputy superintendent of public instruction with a sworn statement to the effect that reasonable diligence and care have been exercised and that, to the best of his knowl- edge, all parts of the report are correct. Dates for Completing Reports. SEC. 129. In the case of districts having a school census population of less than three hundred the report shall be sent to the deputy super- intendent of public instruction before the fifteenth day of May. In the case of districts having over three hundred census children the report shall be sent to the deputy superintendent of public instruction before the first day of June. Deputy Superintendents to Compare Reports of Marshals. SEC. 130. The deputy superintendent of public instruction shall com- pare the census reports submitted to him by the various school census marshals so far as he shall consider needful, and he shall strike from them the names of any children whose names are, according to his best knowledge, wrongly included in the reports, and it shall be his duty to correct all manifest errors in such reports. In all cases he shall make sufficient investigation to confirm him in his action before correcting any report. Special Census Marshal, When. SEC. 131. If at any time the deputy superintendent shall have reason to believe that a report contains errors which he is unable to correct, or if at any time the report of the school census marshal is not transmitted as provided by section 129 of this act, he may appoint a special school census marshal who shall retake the census as soon as practicable and 44 SCHOOL LAWS OF NEVADA not later than the thirtieth day of June, conforming otherwise to the rules governing the original census. Negligence of Marshal Punishment. SEC. 132. If the school census marshal of any district neglects or refuses to make his report at the time and in the manner prescribed by law, or if he, with intention to defraud the state, or through failure to exercise reasonable care, include the names of children in violation of law, or if he report their names, ages or number falsely, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be pun- ished by a fine in any amount not less than five or more than one hun- dred dollars, or by imprisonment in the county jail not less than five nor more than thirty days, and it shall be the duty of the various district attorneys to cause the arrest and prosecution of such persons upon infor- mation furnished by the superintendent of public instruction, other school officers, or by other persons. County Pays Marshals in Census Districts of First Class. SEC. 133. Every bill for the compensation of a school census marshal shall be presented to the board of county commissioners of the county in which the district for which he shall have been appointed lies, and upon the order of said board shall be paid as other claims out of the general fund of the county. No bill for the compensation of any school census marshal shall be ordered paid unless the bill shall be accompanied by a statement from the deputy superintendent of public instruction to the effect that a satisfactory census report has been returned as provided by law. In any school district containing ten or less school census children the compensation for taking the school census shall not exceed eight dollars. In -school districts having more than ten school census children there may be allowed not more than twenty-five cents additional for the name of each school census child above the said ten names; provided, that in districts in which there are less than three families having school census children, the compensation shall not exceed five dollars. CHAPTER 10 SCHOOL FUNDS State Permanent School Fund. SEC. 134. All moneys accruing to this state from the sale of lands heretofore given or bequeathed, or that may hereafter be given or bequeathed, for public school purposes; all fines collected under the penal laws of the state; two per cent of the gross proceeds of all toll roads and bridges, and all estates that may escheat to the state, shall be and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other fund for other uses, but shall con- stitute an irreducible and indivisible fund, to be known as the state per- manent school fund, which shall be invested as provided in section 148 of this act. Ad Valorem State School Tax. SEC. 135. [Repealed, Stats. Special Session 1912, 10.] State Distributive School Fund SEC. 136. All moneys derived from interest on the state permanent school fund, together with all moneys derived from the state school tax, SCHOOL LAWS OF NEVADA 45 shall be placed in and constitute a fund to be known as the state dis- tributive school fund, and be apportioned semiannually among the sev- eral school districts of the state in the manner provided in this act for the apportionment of the state distributive school fund to the several school districts of the state. Use of State Distributive School Fund Restricted. SEC. 137. The school moneys distributed from the state distributive school fund shall not be used for any other purpose than the payment of qualified teachers under this act; and no portion of said fund shall, either directly or indirectly, be paid for the erection of schoolhouses, the use of schoolrooms, furniture, or any other contingent expenses of public schools. All Nonpublic School and Sectarian Use Prohibited, SEC. 138. No portion of the public school funds, nor of the moneys raised by the state tax, or specially appropriated for the support of pub- lic schools, shall be devoted to any other object or purpose; nor shall any portion of the public school funds, nor of money raised by state tax for the support of public schools, be in any way segregated, divided, or set apart for the use or benefit of any sectarian or secular society or association . County School Tax. SEC. 139. The board of county commissioners of each county shall, annually, at the time of levying other county taxes, levy a county school tax, not to exceed fifty cents nor less than twenty cents on each one hundred dollars valuation of taxable property, which tax shall be added to the county tax and collected in the same manner, and paid into the county treasury as a special deposit, to be drawn in the same manner as other public school moneys; and should said county commissioners fail or neglect to levy said tax as required it shall be the duty of the county auditor to add such tax as the superintendent of public instruction may deem sufficient, between the limits of twenty and fifty cents on each one hundred dollars valuation of taxable property in the county, to the assess- ment roll, to be collected as specified in this sction. Special School Tax, When. SEC. 140. When, in the judgment of the board of school trustees of any district, the school moneys to which such district shall be entitled for the coming school year will not be sufficient to maintain the school properly and for a suffiient number of months, said board shall have power to direct that a tax of not more than twenty-five cents on the one hundred dollars of assessed valuation of such district shall be levied, and, upon notification by the clerk of the board of school trustees of such dis- trict that such action has been taken, the board of county commissioners shall levy and cause to be collected such tax upon the taxable property of such district. Popular Election to Decide Whether Tax Shall Be Levied, When Tax Due, When Tax Payable. SEC. 141. The board of trustees of any school district may, when in their judgment it is advisable, call an election and submit to the quali- fied electors of the district the question whether a tax shall be raised to furnish additional school facilities for said district, or to keep any school 46 SCHOOL LAWS OF NEVADA or schools in such district open for a longer period than the ordinary funds will allow or for building an additional schoolhouse or houses, or for any two or for all of these purposes. Such election shall be called by posting notices in three of the most public places in the district for twenty days, and also if there be a newspaper in the county by advertise- ment therein once a week for three weeks. Said notice shall contain time and place of holding the election, the amount of money proposed to be raised, and the purpose or purposes for which it is intended to be used. The trustees shall appoint three judges to conduct the election, and it shall be held in all other respects as nearly as practicable in con- formity with the general election law. At such election the ballot shall contain the words: "Tax Yes" or "Tax No" If a majority of the votes cast are "Tax Yes" the officers of the election shall certify the fact to the county commissioners, together with a statement of the amount of money proposed to be raised, who shall ascertain the neces- sary percentage on the property of said district, as shown by the last assessment made thereof after equalization, to raise the amount of money voted, and shall add it to the next county tax to be collected on the prop- erty aforesaid; and the same shall be paid into the county treasury as a special deposit in favor of said school district, to be drawn in the same manner as other school moneys; provided, if in any school district the school trustees shall certify to the county commissioners that the state and county money to which any district is entitled is not sufficient to keep school open in such district up to the date when state and county taxes shall become due, the tax provided for in this section shall be due and payable to the assessor of such county in which the tax is levied immediately after he shall make the assessment and demand for pay- ment of the tax; provided, the owner of the property shall, if he deem the assessment too high, have the privilege of submitting the assessment to the board of county commissioners, for equalization within ten days after demand made for the payment of the tax, and the county commis- sioners, within five days after complaint made to them, shall meet and determine the correct valuation of the property assessed, and may change the same by adding to or deducting from the sum fixed either by the owner or assessor, and upon notice to the owner of the result of their equalization the tax shall be immediately payable to the assessor, and if not paid shall become delinquent; and all taxes so assessed shall con- stitute a lien on the property charged therewith, from the date of the levy thereof by the county commissioners, or entry thereof on the assess- ment roll by the county auditor, until the same are paid, and thereafter if allowed to become delinquent shall be enforced in the same manner as provided by law for the collection of state and county taxes. If for any reason said tax is not added to the county tax by the county commis- sioners, the county auditor shall enter it upon the assessment roll to be charged against the property of that district, on application from the trustees of said district. County School Funds for Various Purposes, Including Transportation of Pupils, SEC. 142. The board of trustees, or board of education, of each city, town, and district, may use the moneys from the county school funds to purchase sites, build, or rent schoolhouses, to purchase libraries, and to SCHOOL LAWS OF NEVADA 47 pay teachers or contingent expenses as they may deem proper, or for transportation of pupils to and from school. State Permanent School Fund, SEC. 143. The state controller shall keep a separate and distinct account of the state permanent school fund, of the interest and income thereof, of such moneys as shall be raised by the state school tax, and of all moneys derived from special appropriations or otherwise for the sup- port of public schools. State Controller to Report School Securities. SEC. 144. The state controller shall, on or before the tenth day of April, and the tenth day of October of each year, make to the state board of education a statement of the securities belonging to the state perma- nent school fund. He shall also, on or before the tenth day of January and the tenth day of July of each year, render to the superintendent of public instruction a statement of the moneys in the treasury subject to distribution to the several districts of the state, as provided in section 151 of this act. State Treasurer Custodian of School Securities. SEC. 145. The state treasurer shall be the legal custodian of all state and national securities in which the moneys of the state permanent school fund of the State of Nevada are or may hereafter be invested, and for their safe keeping he shall be liable on his official bond. It shall be the duty of the state treasurer to pay over all public school moneys received by him only on warrants of the state controller, issued upon the orders of the superintendent of public instruction, under the seal of the board of education, in favor of county treasurers, or on orders of the state board of education, for purposes of investment, as provided in section 148 of this act, which orders, duly endorsed, shall be valid vouchers in the hands of the state controller for the disbursement of public school moneys. [See Stats. 1913, 252, 253; cataloged in index: "State Board of Investment," and "Investment of State Permanent School Fund."] County Treasurers to Receive State Moneys Semiannually. SEC. 146. All school moneys due each county in the state shall be paid over by the state treasurer to the county treasurers on the tenth day of January and the tenth day of July of each year or as soon there- after as the county treasurer may apply for the same upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction, as provided in section 151 of this act. State Treasurer to Turn Interest Into State Distributive School Fund. SEC. 147. When the interest on any securities belonging to the state permanent school fund is due, the state treasurer shall, upon the warrant of the state controller and in the presence of a majority of the members of the state board of education, cut off and pay the coupon on such securities, and place the money so paid into the state distributive school fund, and keep a correct account thereof in his books. SEC. 148. [Repealed, Stats. 1913, 252, 253; cataloged in index: "State Board of Investment" and " Investment of State Permanent School Fund."] 48 SCHOOL LAWS OP NEVADA Duties of County Treasurer. SEC. 149. It shall be the duty of the county treasurer of each county: 1. To receive and hold as a special deposit all public school moneys, whether received by him from the state treasurer or raised by the county for the benefit of the public schools, or from any other source, and to keep separate accounts thereof and of their disbursements; 2. On the second Monday of June and on the second Monday of December of each year to notify the superintendent of public instruction of the amount of money in the county school fund subject to distribution ; 3. To pay over all public school moneys received by him only on warrants of the county auditor, issued upon orders of the boards of school trustees for their respective school districts. All orders issued by the said trustees shall be valid vouchers in the hands of county auditors for warrants drawn upon such orders; provided, that orders for the payment of money for new school buildings and for repairs or furniture amount- ing to over five hundred dollars must be approved by the superintendent of public instruction before such warrants are drawn. 4. On or before the tenth day of July, annually, to make full report to the superintendent of public instruction of the public school moneys received into the county treasury within the school year ending on the last day of June next previous thereto, with a particular statement of the disbursement of the said school moneys, and of any amount of said school moneys which may remain in his hands at the close of the school year, designating the part remaining in the state school fund and the part remaining in the county school fund; and in case of failure or neglect of said county treasurer to make such report, he shall forfeit for the benefit of the county school fund the sum of one hundred dollars from his official compensation, and it is hereby made the duty of the county commissioners, on notice from the superintendent of public instruction of such failure or neglect on the part of any county treasurer, to deduct said one hundred dollars from his compensation and place said amount to the credit of the county school fund. No Fees for Handling School Moneys. SEC. 150. No tax collector or county treasurer shall receive any fees or compensation whatever for collecting, receiving, keeping, transport- ing, or disbursing any school moneys mentioned in the preceding sec- tions of this act. In case of a special school tax for any school district, as Drovided in sections 140 and 141 of this act, the board of county commissioners may allow a reasonable compensation for assessing and collecting if such taxes are assessed and collected independently and sepa- rate from the regular taxes, such compensation to be paid out of the special taxes thus collected. Apportionment of State Distributive School Fund. SEC. 151 . It shall be the duty of the superintendent of public instruc- tion immediately after the state controller shall have made his semi- annual report, as provided in section 144 of this act to apportion to the several school districts in the state the moneys in the state distributive school fund, subject to apportionment at such time. He shall apportion the moneys of said fund among the several school districts of the state in the following manner: 1. He must ascertain the number of teachers to which each school dis- SCHOOL LAWS OF NEVADA 49 trict is entitled by calculating one teacher for every thirty school census children or fraction thereof, as shown by the last preceding school census ; 2. He must ascertain the total number of teachers in the state by adding together the number of teachers assigned to the several school districts upon the basis of one teacher to each thirty school census chil- dren or fraction thereof; 3. He must apportion seventy per cent of the state distributive school fund, subject to apportionment at that time among the several school districts of the state in proportion to the number of teachers in each school district, upon the basis of one teacher to each thirty school census children or fraction thereof as shown by the last preceding school census; 4. He must apportion thirty per cent of the state distributive school fund, subject to apportionment at that time, among the several school districts of the state in proportion to the number of children between the ages of six and eighteen years in each school district as shown by the last preceding school census. Immediately after making the apportionment of the state distributive school fund in the manner prescribed in this act, the superintendent of public instruction shall, by means of a printed report, notify the state controller, the county treasurer, the county auditor, and the clerk of each board of school trustees of the apportionments in detail. He shall also furnish to each county treasurer, under seal of the state board of education, an order on the state controller for an amount of money equal to the full amount of school moneys apportioned to the several school districts of that county from the state distributive school fund, and he shall take such county treasurer's receipt for the said order. Apportionment of County School Funds. SEC. 152. The superintendent of public instruction shall, immedi- ately after he has apportioned the state distributive school fund, as pro- vided in this act, proceed to apportion the county school fund of each county among its several school districts. He shall apportion the county school fund as follows: 1. He must ascertain the number of teachers to which each district is entitled by calculating one teacher for every seventy-five census children or fraction thereof as shown by the last preceding census report; 2. He must ascertain the total number of teachers for the county by adding together the number of teachers assigned to the several school districts upon the basis of one teacher to each seventy-five census children or fraction thereof; 3. Forty per cent of the amount of the county school fund shall be apportioned equally to each school district for every teacher assigned to it upon the basis of seventy-five census children or fraction thereof; 4. All school moneys remaining on hand in the county school fund after apportioning forty per cent of the county school fund equally to each school district for every teacher assigned it upon the basis of seventy- five census children or fraction thereof, must be apportioned to the sev- eral school districts in proportion to the number of school census children between the ages of six and eighteen years as shown by the last preced- ing school census. The superintendent of public instruction shall by means of a printed 50 SCHOOL LAWS OF NEVADA report notify the county treasurer, the county auditor, and the clerk of each board of school trustees of such apportionment in detail. Revision of Surplus Funds Duties of State Superintendent. SEC. 152%. On or before the tenth day of July of each school year the county auditor in each county shall report to the superintendent of public instruction the amount of moneys in the state and county funds to the credit of each school district in his county. The superintendent of public instruction shall, upon receipt of such report, deduct from the total amount of money to the credit of each of the school districts, all amounts over and above two hundred and fifty dollars for each teacher assigned to said district upon the basis of one teacher for every thirty census children or fraction thereof, as shown by the last preceding school census; provided, that if the county auditor shall have his accounts so arranged that the state school fund account is entirely separate from the county school fund account, then he shall notify the superintendent of public instruction of the amount in each fund to the credit of each school district, and the superintendent of public instruction shall deduct from the state school fund all amounts in excess of one hun- dred and fifty dollars for each teacher assigned to such school district on the basis of one teacher to every thirty school census children or fraction thereof, as shown by the last preceding school census, and he shall also deduct from the county school fund all the amounts in excess of one hundred dollars for each teacher assigned to the district on the basis of one teacher for every thirty school census children or fraction thereof, as shown by the last preceding school census; provided further, that if the sum of the balances in the state school fund and the county school fund of any school district on the first day of July does not exceed two hun- dred and fifty dollars for each teacher assigned to the district on the basis of one teacher to each thirty census children or fraction thereof as shown by the last census, the superintendent of public instruction shall not make the deductions as provided in this section, and in no case shall the superintendent of public instruction deduct such amounts from the school funds of any district as will make the balance in the funds of the district less than two hundred and fifty dollars for each teacher assigned to the district upon the basis of one teacher to every thirty school census children or fraction thereof, as shown by the last preceding school census. The amounts deducted from the several school funds of each county as provided in the above paragraph shall be placed to the credit of the unapportioned county school fund of the county, and be apportioned with the said county fund. The superintendent of public instruction shall, at the time of making the deductions in accordance with this act, notify each county auditor and county treasurer of his action, and the county auditor and county treasurer shall make such entries in their accounts as will show that such deductions have been made; provided, that this section shall not apply so as to remove from the funds of any school district any moneys derived from any source other than by apportionments from the state fund or the county fund. If the trustees of any school district shall certify to the superintendent of public instruction that a new building, or repairs on an old school building, are necessary to the district, and that the trustees have been authorized by vote of the district, if a vote is required, to build such new SCHOOL LAWS OF NEVADA 51 school building, or to make such needed repairs, or that the balance in the funds of the district is necessary for the maintenance of school in the district, and that the trustees have estimated that the cost of such new school building, needed repairs, or school maintenance is to be dollars, the superintendent of public instruction shall make whatever investigation he may deem best and if he shall become satisfied that such new building or repairs are necessary in the district or that the balance of the funds in the district is necessary for the maintenance of school in the district, and that the amount estimated to be spent for such new building, repairs or maintenance of school is a reasonable amount to be set aside for the purpose mentioned, he shall not make the deductions as provided in this section, but he shall make such deduc- tions as will leave the funds in the district, an amount equal to the esti- mated amount to be spent for such new building, repairs, or maintenance of school, together with two hundred and fifty dollars for each teacher assigned to that district upon the basis of one teacher for every thirty census children or fraction thereof as shown by the last preceding school census. CHAPTER 11 DISTRICT SCHOOL LIBRARIES Method for Apportioning District School Library Fund, SEC. 153. It shall be the duty of the superintendent of public instruc- tion in July of each year, after apportioning the public school moneys of each county among its respective districts, to set apart for each dis- trict out of the money thus appropriated to such district a sum of not less than three dollars nor more than five dollars for each teacher to which the district is entitled, calculating one teacher for every seventy- five census children or fraction thereof, and the further sum of not less than five cents nor more than ten cents for each census child as shown by the last school census, and the sums thus apportioned shall constitute for each district a library fund. Amount for Libraries, How Determined. SEC. 154. The amount of money to be set apart and apportioned, within the limits provided by the preceding section, shall be determined by the superintendent of public instruction. Books To Be Approved by Superintendent of Public Instruction. SEC. 155. The moneys herein designated and apportioned shall be expended for the purchase of books, approved by the superintendent of public instruction for the public school library of each district, and for no other purpose and shall be paid out and expended as the other school funds of such district are now paid out. Trustees Directed to Purchase Library Books. SEC. 156. The board of school trustees of each district in this state is hereby authorized and directed to purchase books for public school libraries in accordance with the provisions of this act. Rules for Purchase of Books and for Libraries. SEC. 157. The superintendent of public instruction is hereby author- ized and directed to make such rules and regulations for the purchase of books provided for, and for the preservation and use thereof, as may be 52 SCHOOL LAWS OP NEVADA proper, provided such rules and regulations do not in any wise conflict with the laws of the state. CHAPTER 12 SCHOOL TEXT-BOOKS Text-Book Commission, How Composed. SEC. 158. As now and heretofore provided by law, there shall be a text-book commission, to consist of members of the state board of educa- tion and of four additional members appointed by the governor. The four members appointed on this commission by the governor during the month of January, 1911, shall hold office from the date of appointment to the first day of March, 1915. During the month of February, 1915, and during the month of February every four years thereafter, the governor shall appoint four members of said commission, who shall hold office for four years from and after the first day of March succeeding their appoint- ment, and who, with the members of the state board of education, shall constitute the state text-book commission. Such appointees shall be persons actively engaged in school work. They shall take the constitu- tional oath and have the same filed in the office of the secretary of state before entering upon the duties of their office. If any vacancy occur during the terms of such appointees, by death, resignation, or removal, the governor shall fill such vacancy by the appointment of some person eligible as provided above. Officers of Text-Book Commission Meetings Public. SEC. 159. The governor shall be ex officio president and the superin- tendent of public instruction ex officio secretary of said text-book com- mission. The commission shall adopt rules of procedure in harmony with the provisions of this act. Four members of the commission shall constitute a quorum for the transaction of business, but no action shall be taken by the commission unless a majority of the entire commission shall vote in favor thereof. All meetings of the commission shall be public, and the secretary shall keep a full and correct record of all pro- ceedings, which record shall be open to the inspection of the public. Vote on the adoption of all text-books shall be by roll-call and the sec- retary shall record the name and vote of each member. Method of Adopting Text-Books. SEC. 160. The state text-book commission shall hold its meetings to adopt text-books in the office of the superintendent of public instruction in Carson City on the third Tuesday in June, nineteen hundred and eleven, and on the third Tuesday in June every four years thereafter. The secretary at the request or with the consent of any three members of the board, may call special meetings of the text-book commission whenever there may be business to transact of such importance as to justify the call, stating definitely the purpose of the meeting. At the meeting held on the third Tuesday in June, nineteen hundred and eleven, and every four years thereafter on the third Tuesday in June, the com- mission shall adopt a uniform series of text-books for exclusive use as text-books in all the public schools of the state, If a contract for any text-book adopted at any regular meeting of the text-book commission shall expire, either through the failure of the publishers of said books to fulfil the conditions of the contract, or for any other reason, the text- book commission may adopt another book to take the place of the one SCHOOL LAWS OF NEVADA 53 on which the contract has lapsed, after notifying the text-book publishers as hereinafter provided for in cases of regular adoption. When regular adoptions are being made the commission may adjourn from day to day; provided, the session shall not continue beyond ten actual days. Meetings of Commission List of Text-BooksSealed Proposals Contracts, etc. SEC. 161. Immediately after the first meeting of the commission, and not later than the first day of April, 1911, and every four years thereafter, if the commission shall deem it advisable to make changes in the list of prescribed text-books, the secretary of the commission shall notify all publishers of text-books who shall have placed their names and postoffice addresses on file with the superintendent of public instruc- tion, to be kept on file in the office of said superintendent of public instruction, that the text-book commission will meet, as herein pro- vided, and will receive sealed proposals, up to twelve o'clock, noon, of the third Thursday of June, 1911, and up to twelve o'clock, noon, of said third Tuesday of June every four years thereafter, for supplying the State of Nevada with a series of text-books for use in all the public schools of the state, for a period of four years from and after the first day of September, 1911, and for like periods of four years from and after the first day of September every four years thereafter, in the follow- ing branches, viz: Reading, grammar, arithmetic, geography, history of the United States, physiology and hygiene, writing, spelling, drawing, music, and will also approve other books for supplemental use, as per- mitted in this act. Said sealed proposals shall be made in accordance with a form to be prescribed by the commission and shall be addressed to the superintendent of public instruction, Carson City, Nevada; and shall be indorsed "Sealed proposals for supplying text- books for use in the State of Nevada." Said proposals shall include a statement of the introductory price, the exchange price for new books in the hands of the dealers, the exchange price for second-hand books, and the retail price at which publishers will agree to furnish each text-book to the school children of Nevada at one or more places in each county as shall be designated by the commission. Whenever any contract shall be termi- nated by reason of the failure of any contracting publisher to observe the terms of the contract, or when any contract shall cease to be in force and effect, the text-book commission shall notify publishers to this effect, in a manner hereinbefore prescribed, that adoptions will be made to fill out the unexpired term of such contract, and that sealed bids shall be filed with the superintendent of public instruction on or before a date to be determined by the commission, to be specified in the notification to publishers. [See section 4, paragraphs 1 and 2, of this Code, as modified by Stats. 1913, 103, 104.] Geographies to Contain Special Matter for Neyada. SEC. 162. The publishers, contracting and agreeing to furnish books for use in the State of Nevada under the provisions of this act, shall cause to be prepared a special map and a special supplement descriptive of Nevada for the geography adopted by said commission. The map and special descriptive geography of Nevada shall be revised every four years by the publishers. They shall further agree to maintain the mechanical excellence of the books adopted by said commission, fully 54 SCHOOL LAWS OF NEVADA equal to the samples submitted, in binding, printing, quality of paper, and other essential features, and the books shall be of the latest revised edition. Commission to Adopt Text-Books. SEC. 163. It shall be the duty of said text-book commission to meet at the time and place mentioned in said notice and to open all sealed proposals in public, in the presence of a quorum of said commission, to select and adopt such text-books for use in the public schools, and to approve such supplemental books as in the opinion of the commission will best subserve the educational interests of the state; provided, however, that the text-book commission may, at its discretion, reject any and all proposals, if it be deemed by it to be to the interest of the state so to do, and call for new proposals, stating the time when such new proposals shall be opened, which time shall not be later than thirty days from the rejection of the previous proposals. Commission's Choice the Standard for Nevada Supplemental Books Allowed. SEC. 164. The series of text-books so selected and approved by said text-book commission shall be certified to by the president and secre- tary, and said certificate, with a copy of the books named therein, shall be placed on file in the office of the superintendent of public instruction. Such certificate must contain a complete list of all books adopted and approved by said commission, giving introductory, exchange, and retail prices for which each text-book will be furnished, and the names of the publishers agreeing to furnish the same. The said books named in said certificate shall, for a period of four years, from and after the first day of September next following the date of such adoption, be used in all the public schools of the state to the exclusion of all others ; provided, however, that nothing in any part of this act shall be construed so as to prevent the purchase or use by the district of any supplemental or reference books for use in the schools of this state. Commission Shall Make Contracts. SEC. 165. The text-book commission shall have power to make such contracts for the purchase and use of text-books in the name of the state as they shall deem necessary, for the interests of the public schools of the state. Such contracts shall set forth the introductory, exchange, and retail price of each text-book, and such prices shall not be less favorable than the prices at which such books are sold in any other state; and such contract shall provide, further, that the contracting publisher shall, during the life of the contract, keep on hand at one or more depositories, in each county as shall be designated by the commission, a sufficient number of copies of such text-books to supply the needs of the schools of the state, as ordered by the keepers of said depositories. Contractors to Give Bonds Proviso. SEC. 166. All publishers contracting to furnish text-books adopted by the text-book commission shall be required to give bonds in an amount equal to one-half of the value of the books to be furnished during one school year, as estimated by the text-book commission, and such bonds shall be forfeited to the state distributive school fund, if such publish- ers fail to comply with the terms of the contract in, any county of the state; provided, however, that such books shall not be forfeited through SCHOOL LAWS OF NEVADA 55 the unauthorized action of text-book dealers in this state if such publisher shall, upon notification by the superintendent of public instruction, promptly correct any violation of contract prices on the part of any local dealer. Upon information furnished by the state text- book commission, the attorney-general shall bring action for the recovery of the amount of any such bond of any publisher who shall have failed to comply with the terms of any contract, and the full amount named in such bond shall be deemed to be fixed and liquidated damages for the breach of such con- tract. Contracts, When in Effect. SEC. 167. Such contract with the publishers of text-books shall riot take effect until such publishers shall have filed with the secretary of state, their bond, with at least two sufficient sureties, or a bond from a bonding company authorized to do business in this state, to be approved by the governor, and in such sum as shall be determined by the text- book commission. Contracts Void, When. SEC. 168. In case the publishers of any text-books adopted by the text-book commission shall not, on or before the fifteenth day of July next following such adoption, have filed with the secretary of state a bond as hereinbefore provided, or in case such publishers shall at any time thereafter fail to comply with the terms of such contract, and if within reasonable time, after due notice shall have been given by the superin- tendent of public instruction, they shall have failed to comply with the conditions of the contract in any respect, the adoption of such books shall become null and void. The text-books adopted by the said text-book commission under this act shall, upon the compliance of the publishers with the aforesaid conditions, continue in use for the period of four years after the first day of September next following the date of such adoption, to the exclusion of all other text-books. Price of Text-Books Promulgated. SEC. 169. Whenever the publishers of the books adopted under the provisions of this act shall have filed their bond as herein provided, it shall be the duty of the superintendent of public instruction to cause all prices of text-books as guaranteed by the publishers to be printed and distributed among the superintendents and school trustees, and it shall be the duty of the school trustees in each district to cause such prices to be kept constantly posted in a conspicuous place in each schoolroom. Use of Authorized Books Compulsory Penalty Annual Report. SEC. 170. The text- books adopted by the text-book commission" shall be used in every public school in the state in the grades for which they are adopted, and no other books shall be used as text-books in such grades; provided, however, that this section shall not be interpreted in such a manner as to prohibit the use of supplemental books purchased by the district. Any school officer or teacher who shall violate the pro- visions of this act by requiring the pupils to use text-books other than those adopted by the text-book commission, or by permitting the use of suchpther books as texts, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty dollars, nor more than one hundred dollars. All superintendents and school officers are charged 56 SCHOOL LAWS OF NEVADA with the execution of this law, and the superintendent of public instruc- tion shall require the trustees of the several school districts, or the clerks thereof, to report annually as to the text-books used in their schools. Per Diem of Appointed Commissioners, SEC. 171. The members of the state text-hook commission shall, with the exception of the governor, the superintendent of public instruction, and the president of the university, receive the sum of five dollars per diem for each day actually engaged in transacting the business of the commission, and actual traveling expenses. There is hereby appropri- ated the sum of five hundred dollars per year, or so much thereof as may be necessary to carry out the provisions of this act, from the state gen- eral fund. Bills for such compensation shall be allowed and paid in the usual manner. The state text-book commission shall not be in session more than ten days in any one year. Penalty for Overcharge on Books. SEC. 172. Any person who shall sell or bargain to sell any of the reg- ularly adopted text-books for any amount more than the prices agreed upon by the several text-book publishers and the text-book commission, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars, nor more than one hundred dollars; provided, that any local dealer in the state may, when sending out such books by mail, include in the selling price the cost of the postage necessary to send such books by mail. CHAPTER 13 COUNTY HIGH SCHOOLS County High Schools, When Established by Popular Vote. SEC. 173. There may be established in any county in this state a high school ; provided, that at any general or special election held in said county after the passage of this act, a majority of all the votes cast at such elec- tion, upon the proposition to establish a high school, shall be in favor of establishing and maintaining such high school at the expense of said county. County Commissioners to Submit Question to Popular Vote Ballots. SEC. 174. The board of county commissioners at any general election to be held in any county after the passage of this act, upon the pres- entation of a petition signed by fifty or more qualified electors, tax- payers of said county, at any regular meeting of said board held not less than eight weeks before any general or special election, must make an order submitting the question of establishing, constructing and maintain- ing a county high school to the qualified electors thereof. The board of county commissioners, upon t<he presentation of said petition, may order a special election for said purpose. Said election shall be conducted in the manner prescribed by law for conducting elections, and the ballots at such election shall have printed thereon the words " For a county high school" and the words "Against a county high school." The votes cast for and against said county high school at any election therefor shall be counted and the returns thereof made and canvassed in the manner pro- vided for by law for counting, making returns, and canvassing the-^votes of a general election; provided, that the election officers appointed to SCHOOL LAWS OF NEVADA 57 conduct any special election held in accordance with this act, as required by law, shall perform all services required of them by law in holding and conducting such elections, without any fees or pay therefor. Location of School, How Determined Form of Ballot, SEC. 175. If a majority of the votes cast on a proposition to establish a county high school shall be in the affirmative, it shall be the duty of the board of county commissioners, within thirty days after canvassing said vote, to locate the high school in the place in said county where the said board shall deem most suitable and convenient for the purpose. If, after the county commissioners shall have located said high school, there shall be presented a certified petition bearing the signatures of at least one-fourth of the qualified voters of such county according to the last general election returns, said petition requesting a vote on the question of the location of the county high school and specifying a desired loca- tion, said board of county commissioners shall submit the question of such location to the voters of the county at the next general election, or a special election called for the purpose of voting upon the question of locating or changing the county high school; provided, that in all cases where special elections have been called by the board of county commis- sioners of any county of this state previous to the passage of this act to submit the question of location of any county high school to the voters in any such county wherein two thousand or more votes were cast at the last general election, and wherein the assessed valuation of real and per- sonal property is six million dollars or more, the board of county com- missioners may, if said board deems it to the best interest of the people of such county, establish two county high schools; one at the place selected by the board of county commissioners and one at the place named in the petition presented to the said board of county commis- sioners praying for said special election in said county, and thereupon the said board may revoke the order calling said special election, and in such cases no special election shall be held. At any general or special election at which the location of any county high school is submitted to the voters of the county, the form of ballot shall be: Shall the County High School be located at ? Yes Shall the County High School be located at ? No In any other respects the provisions of the general election law shall be followed. If at any such election a majority of all voters who shall vote on the question of such location shall vote in favor of locating the county high school at the place designated in the petition, it shall be the duty of the county board of education to cause the high school to be located at such place, not later than the first day of the next following Septem- ber. While the vote on the question of changing the location of any county high school is pending, no contract for the purchase of grounds or for the erection of a building shall be made. When the location of the county high school has been finally determined, the board of county commissioners shall estimate the cost of purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same, fencing and ornamenting the grounds, and the cost of running said school for the following twelve months; provided, that the estimate mentioned herein for purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same, and fencing and 58 SCHOOL LAWS OF NEVADA ornamenting the grounds shall not be made, if previous to the time when the commissioners are to make such estimate the legislature shall have authorized said county to issue bonds for such purpose. Tax Levy. SEC. 176. When such estimate shall have been made, the board of county commissioners shall thereupon immediately proceed to levy a special tax upon all the assessable property of the county, sufficient to raise the amount estimated. Said tax shall be computed, entered on the tax roll, and collected, and the amount so collected shall be deposited in the county treasury and be known and designated as the "County High School Fund," and shall be drawn from the treasury in the manner now provided by law for drawing money from the treasury by school trustees ; provided, however, that the tax levy for purchasing suitable grounds, pro- curing plans and specifications, erecting a building, and furnishing the same, fencing and ornamenting the grounds, may be deferred as long as a sufficient number of suitable rooms in a public school building can be secured for the purposes of such county high school at a reasonable rental. In case such levy be deferred until after the election of a county board of education, the levy shall be made by the board of county commissioners whenever so ordered by the county board of education, and the board of education shall be charged with the duty of purchasing grounds and erecting and furnishing such school building. Temporary County Board of Education. SEC. 177. The board of county commissioners shall act as a county board of education in the performance of the duties hereinbefore men- tioned and shall continue to perform the duties of the county board of education until a county board of education shall have been elected or appointed and qualified as hereinafter provided, and at such time the board of county commissioners shall transfer all property and control of said school to the county board of education, who shall hold the same in trust for the county. County Board of Education Elected. SEC. 178. At each general election there shall be elected a county board of education, to consist of three members, two of whom shall serve two years, and the other four years, and thereafter at each regular bien- nial election there shall be elected two members of said board, one of whom shall serve for two years and the other for four years. Each per- son elected as herein provided shall enter upon the duties of his office on the first Monday in January next following his election, and shall hold office until his successor is elected and qualified. If at any time a vacancy shall occur on said board, it shall be the duty of the superintendent of public instruction to appoint a member for the unexpired term. Duties of Board. SEC. 179. It shall be the duty of the county board of education to furnish annually, an estimate of the amount of money needed to pay all the necessary expenses of running said school ; to enforce the uniform high-school course of study adopted by the state board of education ; to employ teachers holding Nevada state certificates of the high-school grade in full force and effect; to hire janitors and other employees, and dis- SCHOOL LAWS OF NEVADA 59 charge such employees when sufficient cause therefor shall exist; and to do any and all other things necessary to the proper conduct of the school. [See County High-School Bonding Act, Stats. 1913, 368-371; cataloged in index: "Bonding for" County High Schools and Dormitories" and "County High School Bonds PI Tax Levy. SEC. 180. It shall be the duty of the board of county commissioners to include in their annual tax levy the amount estimated by the county board of education as needed to pay the expenses of conducting the county school; and such amount, when collected and paid into the county treasury, shall be known as the "County High-School Fund," and may be drawn therefrom for the purpose of defraying the expenses of conducting said county high school in the manner now provided by law for drawing money from the county treasury by school trustees. Eligible Pupils. SEC. 181. All county high schools shall be open for the admission of graduates holding diplomas from the eighth grade of the elementary schools of the state; provided, that the examinations for the said diplomas shall have been given under the direction and authority of the state board of education ; and to such other pupils as shall pass the examination for admission to the county high school, which examination shall be con- ducted under the direction and authority of the state board of education. Principal May Supervise Other Schools. SEC. 182. Nothing in this act shall be construed so as to prevent the principal of the county high school from acting as principal of the gram- mar school of the district in which the county high school is located, if so desired by the trustees of said school district and the county board of education. County High Schools Under State Supervision. SEC. 183. The county high school shall be under the same general supervision and shall be subject to the same laws, rules, and regulations governing the other schools of the state school system. Dormitories and Dining Halls. SEC. 184. The county board of education is hereby empowered to pro- vide for the rental, purchase or erection of a suitable dormitory or dormi- tories and dining hall for high-school students, and to provide for the comfort, maintenance, and management of the same. The said dormi- tory or dormitories shall be considered part of the regular high-school equipment and organization. CHAPTER 14 NORMAL TRAINING SCHOOLS How Established. SEC. 185. Upon notification by the county board of education in counties where a county high school is in operation, or of the board of trustees of the school district in which the county-seat is located, in counties not having an established county high school, that the said county board of education or board of trustees and the board of county commissioners of the county have decided by a majority vote of each of the said boards to establish a normal training school, and that there 60 SCHOOL LAWS OF NEVADA are at least five bona fide applicants for a normal training course in such school, the state board of education shall, subject to the provisions herein named, grant permission to establish and maintain a normal training school for the purpose of giving free instruction and training in the principles of education and methods of teaching to residents of this state; provided, that no such normal training school shall be established in any county having within its borders a state normal school or state university; and, provided further, that but one such normal training school shall be established in any county. Training-School Board, SEC. 186. The state board of education shall constitute the normal training-school board. Duties of Training-School Board. SEC. 187. The duties of the normal training-school board shall be as follows: 1. To determine the qualifications for admission to the normal train- ing school ; provided, that applicants who do not hold a diploma from an accredited high school or a teacher's certificate of at least the primary grade shall be required to pass an entrance examination. And said examination shall include all subjects taught in the high schools as pro- vided by the laws of this state ; 2. To establish a course of study to be pursued for a period of not less than thirty-six weeks; 3. To grant certificates of graduation to such persons as finish the course adopted in such form as the normal training-school board shall prescribe. Graduates' Certificates Good for Three Years. SEC. 188. The certificate of graduation shall entitle the holder thereof to a county normal second-grade elementary certificate good for three years and entitling the holder to teach in the elementary schools of the state. As amended, Stats. 1913, 158. Provisions for Maintaining Schools. SEC. 189. For the purpose of maintaining such normal training schools as are herein described, it is further provided: 1. That the county in which a normal training school shall be estab- lished shall provide rooms with heating and equipment satisfactory to the normal training-school board for the purposes of such school ; 2. Upon certification of the state board of education that a normal training school has been established in any county, that the school has been properly equipped, that at least five bona fide students are in actual attendance, and that a competent normal-training teacher is employed, the state controller shall on the first day of October and the first day of February of each year set aside from any money in the state general fund not otherwise appropriated, a sum designated by the state board of edu- cation not exceeding nine hundred dollars and not less than six hundred dollars, to be known as the normal training school salary fund for County, to be used in payment of the teacher's salary and to be drawn from the state treasury in the usual manner. Any money remaining in such fund on the thirty-first day of August of each year shall revert to the state general fund. SCHOOL LAWS OF NEVADA ' 61 3. In any county establishing a normal training school the normal training-school board shall, previous to the first day of September in each year, estimate the cost of maintaining the rooms and equipment of the normal training school for the ensuing year and certify the amount esti- mated to the board of county commissioners of said county; provided, such estimate shall not exceed the amount of five hundred dollars for any one year. Claims for equipment and maintenance shall be just and legal charges upon the general fund of said county; provided, that not more than the amount estimated shall be allowed for any one year. Normal Training- School Board Has Entire Management. SEC. 190. The normal training-school board is hereby given the power to make and put into effect any and all rules and regulations necessary to the proper conduct of any normal training school established under and by virtue of the provisions of this act. CHAPTER 15 SCHOOL DISTRICT BONDS Bonds May Be Issued, SEC. 191. Any school district of the state, now existing or which may hereafter be created, is hereby authorized to borrow money for the pur- pose of erecting and furnishing a school building, or buildings, maintain- ing the same, purchasing ground on which to erect such building, or buildings, or for refunding floating or bonded indebtedness, whenever the board determine that it can be done to advantage of the district, or for any, all or either of these purposes, by issuing the negotiable coupon bonds of the district in the manner by this act provided. As amended, Stats. 1913, 297, 298. Question of Issuing Bonds Submitted to Popular Vote. SEC. 192. When the board of trustees of any school district shall deem it necessary to incur an indebtedness authorized by this act by issuing the negotiable coupon bonds of the district, said board of trustees shall first determine the amount of such bonds to be issued, and a cer- tificate of such determination shall be made and entered in and upon the records of said district. Thereupon the board of school trustees shall, by resolution duly made and entered in and upon the records of said board, submit the question of contracting a bonded indebtedness for any of the purposes authorized by this act to a vote of the duly qualified electors of the district at the next general election of the school trustees, or at a special election which the school trustees are hereby authorized to call for such purpose. Election, How Conducted Election Notice. SEC. 193. The election provided in this act shall be called and held, and the vote canvassed and returned, in all respects as nearly as may be in accordance with the provisions of law now governing the election of school trustees; provided, that if there is a newspaper published in the school district, the notice shall be published for at least once a week for two successive weeks, preceding said election. The election notice must contain: First The time and place of holding such election. Second The names of inspectors to conduct the same. Third The hours during the day in which the polls will be open. 62 SCHOOL LAWS OF NEVADA Fourth The amount and denomination of the bonds, the rate of interest and the number of years, not exceeding twenty, the bonds are to run. All persons voting on the question submitted at such election shall vote by separate ballots whereon is placed the words "For the Bonds" or "Against the Bonds." The ballots shall be deposited in a separate box provided by the school trustees for that purpose. Bonds to Run No Longer than Twenty Years Sale of Bonds To Be Published, SEC. 194. If upon the official determination of the result of such elec- tion it appear that a majority of all the vote cast is "for the bonds," the board of trustees shall, regardless of any of the provisions of subdivisions 2 and 4 of section 67 of the act hereby amended, and as soon as practi- cable, and for the purpose stated in the notice of election, issue the nego- tiable coupon bonds of the district in such form and denomination as the board of trustees may direct, said bonds to run for a period not to exceed twenty (20) years from the date of issue, and bearing interest at a rate not exceeding six (6) per centum per annum, payable semiannu- ally, both principal and interest payable at such place as the board of trustees shall direct; the said bonds not to be sold for less than their par value. And before said sale is made, notice of such proposed sale must be given by publication, in a newspaper, if there is a newspaper published in the district, for at least one week before said bonds are dis- posed of, inviting sealed bids to be made for said bonds, and said bonds are to be sold to the highest and best bidder for said bonds; the board, how- ever, may reserve the right to reject any and all bids and sell the bonds at not less than their par value and at private sale, if they deem it for the best interests of the district; provided, if there is no newspaper pub- lished in said school district, 'the notice herein provided for shall be given by posting in three public places in said school district for at least ten days before said bonds are disposed of. As amended, Stats. 1913, 298. Bonds Signed Seal. SEC. 195. All bonds issued under the provisions of this act shall be signed by the chairman of the board of trustees, attested by the clerk thereof, sealed with the district seal, and countersigned by the county treasurer; and the interest coupons to be attached thereto shall be signed by the original or engraved facsimile signatures of said chairman, clerk and treasurer. As Amended, Stats. 1913, 298. Register of Bonds. SEC. 196. Before any district shall issue bonds under the provisions of this act, all such bonds shall, by the county treasurer, be registered in a book kept for that purpose in his office, which registry shall show the school district, the amount, the time of payment, and rate of interest, and all such bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. After such registry, the county treasurer shall cause said bonds to be delivered to the purchasers of the same from the board of trustees, upon payment being made therefor. As amended, Stats. 1913, 298. Special Tax for Interest and Redemption of Bonds. SEC. 197. Whenever any school district shall issue any bonds under the provisions of this act, or shall have any bonds outstanding, it shall SCHOOL LAWS OF NEVADA 63 be the duty of the board of county commissioners of the county in which such district may be situated to levy and assess a special tax on all the taxable property of such district, including the net proceeds of mines, in an amount sufficient to pay the interest accruing thereon promptly when and as the same becomes due according to the tenor and effect of said bonds, and the county treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him, and shall cause said interest to be promptly paid at the place of payment specified in the bonds; and if there shall be any sur- plus after paying said interest and the expenses of collecting such special tax, the treasurer shall without delay pass the same to the credit of such school district, and such funds so passed to the credit of the district shall be subject to the disposal of the board of trustees; and in the calendar year following the year in which the bonds are issued, and annually thereafter, until the full payment of said bonds has been made, the board of county commissioners of the county in which said school district is situated shall levy and assess a special tax, and shall cause said special tax to be collected, on all the taxable property of the school district, including the net proceeds of mines, sufficient to raise annually a pro- portion of the principal amount of the said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, which amount shall be levied, assessed, and collected by the county treasurer in the same manner as the tax for the payment of the interest coupons and when collected shall be known as the " School District Bond Sinking Fund," and shall be used only in the payment of such bonds. The sinking fund thus provided may be applied to the purchase and can- celation of the outstanding bonds of the district. At the maturity of such bonds and at their place of payment, the county treasurer shall cause such bonds and accrued interest thereon to be paid and duly cancel the same, and certify his action to the board of trustees of the school dis- trict; and the said county treasurer shall, if the tax for interest on the bonds for the first year after their date of issue is not collected in time for use in paying the interest coupons maturing during that year, pay the interest accruing on said bonds in said year out of the general county fund and return, as soon as the funds are realized from the taxes for interest on said bonds, and from said interest fund, the amount so bor- rowed from said general county fund. As amended, Stats. 1913, 298, 299. Change in Boundary Not to Release Property from Taxes. SEC. 198. No change in the boundary lines of any school district shall release the taxable real property of the district from assessment and levy of the taxes to pay the interest and principal of such bonds, and if there shall be any change in the boundary of such school district so as to leave any portion of the taxable real property of the district which was sub- ject to taxation in the district at the time of the issue of such bonds, the assessment and levy of taxes for the payment of the principal and interest of such bonds shall be made on such property as if it were still within the district, and if there shall be any change of the boundary lines of such school district so as to annex or include any taxable or real prop- erty, after the issue of such bonds, the real property so included or annexed shall thereafter be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds. 64 SCHOOL LAWS OF NEVADA Taxes Constitute! Lien on Property, SEC. 199. All taxes levied and assessed as in this act provided shall constitute a lien on the property charged therewith, from the date of the levy thereof by the county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and there- after, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. And no additional allowance, fee, or compensatton whatever shall be paid to any officer for carrying out the provisions of this act. Bonds for Various Purposes. SEC. 200. Any school district of the state is hereby authorized to bor- row money for the purpose of purchasing grounds, erecting buildings, and furnishing, equipping, and maintaining the same, for instruction in industrial training, manual training, domestic science, and agriculture, or for any one or all of these purposes, by issuing negotiable coupon bonds of the district. Under General Act. Sec. 201. Such bonds shall be determined upon, submitted to vote of the district interested, authorized, issued and paid, in accordance with the provisions of sections 191 to 199, inclusive. Change in Districts Not to Release Responsibility for Bonds, SEC. 202. No change in the boundary lines of any school district that has been, or may hereafter be, bonded for school purposes shall operate to release any part of the property of such district, as existing prior to such change, from taxation for payment of the outstanding bonds issued prior thereto. CHAPTER 16 COMPULSORY EDUCATION Various Excuses for Non attendance. SEC. 203. Each parent, guardian, or other person, in the State of Nevada, having control or charge of any child between the ages of eight and sixteen years shall be required to send such child to a public school during the time in which a public school shall be in session in the school district in which said child resides ; but such attendance shall be excused : 1. When satisfactory evidence is presented to the board of trustees of the school district in which such child resides, that the child's bodily or mental condition is such as to prevent or render inadvisable attend- ance at school, or application to study. A certificate from any reputable physician that the child is not able to attend school, or that its attend- ance is inadvisable, must be taken as satisfactory evidence by any such board ; 2. When the child has already completed the eight grades of the pre- scribed grammar-school course; 3. When satisfactory evidence is presented to the board of trustees that the child is being taught in a private school, or by a private tutor, or at home, by any person capable of teaching in such branches as are usually taught in the primary and grammar schools of this state; 4. When satisfactory evidence is presented to the board of trustees that the child's labor is necessary for its own or its parent's support; 5. When the deputy superintendent shall determine that the child's SCHOOL LAWS OF NEVADA 65 residence is located at such distance from the public school as to render attendance impracticable or unsafe. Truancy Defined. SEC. 204. Any child shall be deemed a truant, in the meaning of this act, who shall have been absent from school, without valid excuse, more than three days ; and absence for any part of a day shall be considered as absence for that entire day. The teacher, attendance officer, or other person connected with the schools, shall send or deliver a written notice of such truancy to the parent, guardian, or other person, having control or charge of the child. After such notice has thus been furnished or sent to said parent, guardian, or other person, any child who is absent from school thereafter within the school year, without valid excuse, one or more days or parts thereof, shall again be deemed a truant. Any child shall be declared an habitual truant who shall have been deemed a truant three or more times within the school year. Any child who has once been declared an habitual truant and who in a succeeding year is absent from school, without valid excuse, for one or more days or parts thereof, may again be declared an habitual truant. Punishment of Parent, SEC. 205. Any parent, guardian, or other person having control or charge of any child, to whom notice has been given of truancy, as pro- vided in section 204 of this act, and who fails to prevent the child's sub- sequent truancy within that school year, shall be deemed guilty of a misdemeanor, and upon conviction shall be liable, for the first offense, to a fine of not more than ten dollars or imprisonment for not more than five days, and for each subsequent offense he shall be liable to a fine of not less than ten or more than fifty dollars, or to imprisonment for not less than five nor more than twenty-five days, or to both such fine and imprisonment. School Trustees to Make Investigation. SEC. 206. The board of trustees of any school district shall, on the complaint of any person, make a full and impartial investigation of all charges against parents or guardians or other persons having control or charge of any such child, for violation of any of the provisions of this act. If it shall appear upon such investigation that any such parent or guardian or other person has violated any of the provisions of this act, it is hereby made the duty of the clerk of such board of trustees to make and file in the proper court a criminal complaint against such parent, guardian, or other person, charging such violation, and to see that such charge is prosecuted by the proper authorities; provided, that in such school districts having an attendance officer, such officer shall, if so directed by the board of school trustees, make and file such complaint, and see that such charge is prosecuted by the proper authorities. Any taxpayer, or any school officer or deputy school officer in the State of Nevada shall be eligible to make and file in the proper court a criminal complaint against any parent, guardian, or other person who shall vio- late any of the provisions of law requiring the attendance of children in the public schools of the state. Trustees May Appoint and Remove Attendance Officer. SEC. 207. The board of trustees of any school district may appoint and remove at pleasure an attendance officer and shall fix the compen- 66 SCHOOL LAWS OF NEVADA sation therefor, and shall prescribe the duties of such officer, not incon- sistent with law, and make rules and regulations for the performance thereof. It shall be the duty of the attendance officer, or any peace offi- cer, or any other school officer, to arrest during school hours, without a warrant, any child between the ages of eight and sixteen years, who has been reported to him by the teacher, the city superintendent, or other person connected with the schools, as an absentee from instruction upon which he is lawfully required to attend within the school district. Such arresting officer shall forthwith deliver the child so arrested to the teacher, parent, guardian, or other person having control or charge of said child. Separate Rooms for Habitual Truants. SEC. 208. Boards of trustees are hereby authorized to set apart any school building or buildings or any room or rooms in any school build- ing or buildings for the establishment of special or ungraded schools, to provide for the instruction of habitual truants as defined in section two of this act, or for pupils who have been insubordinate or disorderly dur- ing attendance at school. Boards of trustees are also authorized to pur- chase sites and erect buildings for such purposes, in the same manner as other school sites and school buildings may be purchased and erected; or boards of trustees may rent suitable property for special or ungraded rooms without being so directed by vote of the district. Teachers of such special or ungraded schools shall have the same qualifications as other teachers in the grades, and shall be paid from the same funds. Boards of trustees are hereby authorized to assign habitual truants and other pupils who have been insubordinate or disorderly during attendance at school to such special and ungraded schools for a period not to exceed the remainder of the school year. Such pupils, however, may be restored to their former room or grade when in the judgment of the board there has been sufficient improvement to warrant the belief that their example and influence will no longer be a detriment to the room to which they shall return. Persons Encouraging Truancy Punished. SEC. 209. Any person who induces or attempts to induce any child to be absent unlawfully from school, or who knowingly employs or har- bors while school is in session any child absent unlawfully from school, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than fifty dollars or by imprisonment of not more than twenty-five days, or by both such fine and imprisonment. The attendance officer or any other school officer is hereby empowered to visit any place or establishment where minor children are employed to ascertain whether the provisions of this law are duly complied with, and may demand from all employers of such children a list of children employed, with their names and ages. Punishment for False Statements. SEC. 210. Any parent, guardian, or other person who makes a false statement concerning the age or school attendance of a child between the ages of eight and sixteen years who is under his control or charge, such false statement being made with intent to deceive under this act, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine of not more than fifty dollars or by imprisonment of not more than twenty-five days, or by both such fine and imprisonment. SCHOOL LAWS OF NEVADA 67 Disposal of Fines, SEC. 211. All fines collected under the provisions of this act shall be paid into the permanent school fund of the state. CHAPTER 17 PROTECTION TO SCHOOL CHILDREN Misdemeanor to Interfere with Pupils. SEC. 212. It shall be a misdemeanor for any persons or persons to detain, beat, whip, or otherwise interfere with any pupil or pupils attend- ing any public school in the State of Nevada on his, her, or their way to or from such school against the will of such pupil or pupils. Misdemeanor to Disturb School. SEC. 213. It shall be a misdemeanor for any person or persons to disturb the peace of any public school in the State of Nevada by using vile or indecent language, or by threatening or assaulting any pupil or teacher within the building or grounds of such school, and for the pur- pose of this act the ground of every public school in the State of Nevada shall extend to a distance of fifty yards in all directions from the school building. Penalty. SEC. 214. Any person or persons convicted of a misdemeanor under either of the foregoing sections of this act shall be subject to a fine not exceeding three hundred dollars or imprisonment in the county jail not to exceed six months, or to both such fine and imprisonment. CHAPTER 18 PROTECTION OF SCHOOL PROPERTY Injure or Deface Property. SEC. 215. It shall be a misdemeanor for any person or persons to wilfully and maliciously injure, mark or deface any church edifice, school- house or other building, public or private, its fixtures, books, or appur- tenances, or to commit any nuisance therein, or to purposely and maliciously commit any trespass upon the grounds attached thereto, or any fixtures placed thereon, or any enclosure or sidewalk about the same, or in any manner to maliciously and purposely interfere with or disturb those peaceably assembled within such building or buildings. Penalty. SEC. 216. Any person or person convicted of a misdemeanor under the foregoing section of this act shall be subject to a fine, not exceeding two hundred dollars, or to imprisonment in the county jail not to exceed six months, or to both such fine and imprisonment. CHAPTER 19 LOCATION OF HOUSES OF ILL-FAME No Disreputable House Within 400 Yards of School Buildings or Churches. SEC. 217. It shall be unlawful for any owner or agent of any owner, or any other person, to keep any house of ill-fame, or to let or rent to any person whomsoever, for any length of time whatever, to be kept or used as a house of ill-fame, or resort for the purpose of prostitution, any 68 SCHOOL LAWS OF NEVADA house, room or structure situated within four hundred yards of any schoolhouse or schoolroom used by any public or common school in the State of Nevada, or within four hundred yards of any church edifice, building or structure, erected and used for devotional services or religious worship in the State of Nevada. As amended, Revised Laws of Nevada, 1912, section 6510. Penalty. SEC. 218. Any person violating the provisions of section 217 of this act shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than twenty-five dollars nor more than three hundred dol- lars, or to be imprisoned in the county jail not less than five nor more than sixty days, or by both such fine and imprisonment, in the discre- tion of the court. Duties of Sheriff and District Attorney. SEC. 219. It shall be the duty of the district attorney and sheriff of each county in this state to see that the provisions of this act are strictly enforced and carried into effect, and upon neglect so to do they, or either of them, shall be deemed guilty of a misdemeanor in office, and may be proceeded against as provided in sections 63 to 72, inclusive, of an act entitled "An act relating to elections" approved March 12, 1873. CHAPTER 20 Provisions Construed. SEC. 220. The provisions of this act, so far as they are substantially the same as those of existing statutes, shall be construed as a continua- tion thereof, and not as new enactments. Acts Repealed. SEC. 221. An act entitled: 1. An act to define the constitution, organization, powers, and duties of the state board of education and matters properly connected there- with, approved March 16, 1895; 2. An act to provide for the reorganization of the system of school supervision and maintenance, to repeal all acts and parts of acts in conflict therewith, and matters properly connected therewith, approved March 29, 1907; 3. An act to create a text-book commission and to authorize said com- mission to adopt a uniform series of text-books for the public schools of Nevada, and matters properly connected therewith, approved March 22, 1907; 4. An act providing for the date of election of school trustees, and mat- ters properly connected therewith, approved March 16, 1909; 5. An act to provide for the election of school trustees, and matters properly connected therewith, approved March 16, 1897; 6. An act to amplify the powers of boards of school trustees, approved March 20, 1901 ; 7. An act permitting the establishment of county high schools in the various counties of this state, and providing for the construction, maintenance, management, and supervision of the same, to repeal all acts and parts of acts in conflict herewith, and matters prop- erly connected therewith, approved March 24, 1909; SCHOOL LAWS OF NEVADA 69 8. An act for the establishment of normal training schools, and for the maintenance and control of the same, approved March 20,1909; 9. An act to provide for union school districts and matters properly connected therewith, approved March 3, 1909; 10. An act to authorize boards of county commissioners to enlarge the boundaries of certain school districts, or to consolidate two or more into one, and matters properly connected therewith, approved March 11, 1909; 11. An act to provide an emergency school fund for new school districts, prescribing its use and manner of disbursement, and other mat- ters properly connected therewith, approved February 13, 1909; 12. An act to provide for the disposal of funds and property of abol- ished school districts, approved March 5, 1909; 13. An act to amend an act entitled "An act to enable the several school districts of the state to issue negotiable coupon bonds for the pur- pose of erecting and furnishing school buildings, or purchasing ground, or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized and the interest thereon" approved March 12, 1907, approved Febru- ary 8, 1908; 14. An act to enable school districts to issue negotiable coupon bonds for the purpose of erecting, furnishing, equipping and maintain- ing buildings for industrial training, manual training, domestic science, and agriculture, or any one or all of these purposes, and providing for the payment of the principal indebtedness and the interest thereon, and other matters properly connected therewith, approved March 16, 1909; 15. An act to protect the security of school bonds, approved March 13, 1909; 16. An act providing for compulsory education, and other matters properly connected therewith, providing for penalties for the violation of any of the provisions thereof, and repealing any and all prior laws on the subject of compulsory education, approved March 20,1909; 17. An act to secure protection to school children and to preserve the peace of public schools and matters properly connected therewith, approved March 6, 1893; 18. An act to prevent malicious injury to church, school, and other buildings and property, and to protect persons from malicious annoyance, and matters properly relating thereto, approved March 13,1895; 19. An act to regulate houses of prostitution, dance-houses, and houses where beer, wine, or spirituous liquors are sold, approved Febru- ary 26, 1887; 20. An act to exempt teachers from jury duty, approved March 14, 1903; 21. An act to require school trustees to procure and hoist on public schoolhouses the United States flag, approved March 13, 1909; 22. An act adopting the design of the flag of the State of Nevada, approved February 25, 1905; 23. An act establishing Arbor Day, approved February 10, 1887; 70 SCHOOL LAWS OF NEVADA 24. An act to provide for the dissemination of knowledge in the public schools relative to the preservation of songbirds, fish and game, approved March 12, 1901; are hereby repealed, and all other acts and parts of acts in conflict with this act are hereby repealed. SCHOOL CODE SUPPLEMENT Containing school laws not included in the general bill prepared by the Code Commission of 1911; also independent acts of 1913, and the fish and game laws as amended in 1913. SUPERINTENDENT OF PUBLIC INSTRUCTION CURATOR OF STATE MUSEUM An act to abolish the office of state mineralogist, and to provide for the care and preservation of the state museum. Approved February 1, 1877 Office Abolished. SECTION 1. The office of state mineralogist of the State of Nevada is hereby abolished. Superintendent of Public Instruction To Be Curator of the Museum. SEC. 2. On and after the first day of January, A. D. one thousand eight hundred and seventy-nine, the superintendent of public instruc- tion shall be ex officio curator of the state museum of mineralogical, geo- logical, and other specimens. Duties of Curator. SEC. 3. The curator, when visiting the several school districts in this state, in his capacity as superintendent of public instruction, as is required by law, shall make inquiry so far as is practicable into the resources of the mines situated in the respective districts, and inspect the same; col- lect specimens of ores, ascertain their value, catalogue, and place them in the state museum, and prepare for publication in the appendix of his biennial report as superintendent of public instruction, a report as curator of the state museum, in detail, of his acts performed and information obtained under provisions of this act. SEC. 4. [Repealed, Stats. 1895, p. 76.] State Board of Examiners to Allow Bills. SEC. 5. All claims for services rendered, as is provided in section four of this act, shall be allowed by the state board of examiners, and paid by the state treasurer out of any moneys not otherwise appropriated, on the warrant of the state controller. NOTE The act repealing section four renders section five inoperative. Act Repealed. SEC. 6. An act entitled "An act to provide for establishing and main- taining a mining school, and to create the office of state mineralogist" approved March ninth, one thousand eight hundred and sixty-six, is hereby repealed. 72 SCHOOL LAWS OF NEVADA Act Repealed. SEC. 7. An act entitled "An act to create the office of state mineralo- gist and define the duties of such officer" approved March first, one thousand eight hundred and sixty-nine, is hereby repealed. Act to Take Effect. SEC. 8. This act shall not take effect and be in force until on and after the first Monday in January, A. D. one thousand eight hundred and seventy-nine. SALARY OF SUPERINTENDENT OF PUBLIC INSTRUCTION An act fixing the salary of the superintendent of public instruction. Approved March 15, 1897 SECTION 1. From and after the first Tuesday after the first Monday in January, eighteen hundred and ninety- nine, the salary of the super- intendent of public instruction shall be two thousand dollars ($2,000) per annum, payable out of the general school fund; and he shall receive no additional compensation for any ex officio duties that are now or may hereafter be required of him by law. Amended as below, Stats. 1918, 244. An act regulating the salaries of certain state officers of the State of Nevada. Approved March 22, 1913 Salaries of State Officers Fixed To Take Effect in 1915. SECTION 1. From and after the first Monday in January, A. D. 1915, the following annual salaries shall be paid to the various state officers of this state, at the time and in the manner prescribed by law: To the governor, seven thousand ($7,000) dollars; to the secretary of state, thirty-six hundred ($3,600) dollars; to the state controller, thirty-six hundred ($3,600) dollars; to the state treasurer, thirty-six hundred ($3,600) dollars; to the lieutenant-governor, thirty -six hundred ($3,600) dollars; to the attorney-general, thirty-six hundred ($3,600) dollars; to the surveyor-general, thirty-six hundred ($3,600) dollars; to the super- intendent of public instruction, thirty-six hundred ($3,600) dollars; to the clerk of the supreme court, three thousand ($3,000) dollars; to the superintendent of state printing, thirty-six hundred ($3,600) dollars; to the inspector of mines, thirty-six hundred ($3,600) dollars. To Be Full Payment for All Services. SEC. 2. The foregoing sums shall be in full payment of all duties now or hereafter required of such officers not only for the ordinary duties of such officers but for all other duties required of such officers in any manner whatever. SEC. 3. All acts and parts of acts in conflict with this act are hereby repealed. SCHOOL LAWS OF NEVADA 73 CLERK AUTHORIZED FOR SUPERINTENDENT OF PUBLIC INSTRUC- TION-SALARY An act to authorize the superintendent of public instruction of Nevada to employ a stenographic clerk, and fixing of compensation. Approved March 7, 1905 SECTION 1. The state superintendent of public instruction is hereby authorized to employ a stenographic clerk, whose compensation shall be twelve hundred dollars per annum. As amended, Stats. 1907, 62. Duties of Controller and Treasurer, SEC. 2. The controller of state shall, at the end of each month, draw his warrant upon the state treasury in favor of such clerk for the amount of his compensation then due, and the state treasurer shall pay the same out of any moneys not otherwise specially appropriated. In Effect. SEC. 3. This act to take effect immediately. TRANSFER OF MONEY IN COUNTY GENERAL FUND TO SCHOOL DISTRICTS An Act authorizing boards of county commissioners to transfer certain funds to the county school fund of school districts or to levy a special county tax in certain cases, and other matters properly connected therewith. Approved March 17, 1913 County Commissioners May Transfer County Money to District School Fund- Proviso. SECTION 1. The board of county commissioners of any county in Nevada may by resolution adopted at any regular or special meeting transfer from the county general fund to the county school fund of any district in said county such sum of money as they shall deem necessary, additional to that now provided by law for such district; provided, that such district shall have levied a special tax for the school year of at least twenty-five cents on the hundred dollars. County Commissioners May Aid Districts Desiring High School Work Pro- visos. SEC. 2. The board of county commissioners of any county, in their discretion, may aid a school district needing and desiring high-school work by transfer of money from the county high-school fund or the county general fund to the county school fund of such district; or they may levy a special county tax not exceeding ten cents on the hundred dollars for the benefit of said district; provided, that in either the case of transfer of money or of levy of special tax as herein provided the fol- lowing precedent conditions shall in any year of proposed aid exist : 1 . That there are ten or more pupils of high-school grade in such dis- trict that need high-school instruction and are desirous of having such instruction. 2. That the parents of such pupils, or a majority of them, find it impracticable to send them away for high-school training. 74 SCHOOL LAWS OF NEVADA 3. That the taxable property is so small that it is entirely insufficient to enable them to raise the money needed to provide and maintain needed high-school privileges. 4. That a special district tax of at least twenty-five cents on the hun- dred dollars has been levied. SEC. 3. All acts or parts of acts in conflict herewith are hereby repealed. CERTAIN DISTRICT HIGH SCHOOLS TO BE SUPPORTED BY COUNTY An act to authorize boards of county commissioners to establish district high schools, and matters properly connected therewith. Approved March 24, 1909. Act specially applies to Lyon County. District High Schools at County Expense When, SECTION 1. Boards of county commissioners are hereby authorized to establish district high schools in school districts in accordance with the provisions hereinafter set forth in this act. Petition What Petition Must Show SEC. 2. Upon presentation of a petition signed by at least ten per cent of the voters of the county as shown at the last general election, the board of county commissioners of a county may authorize and establish a district high school at the point designated in the petition. The peti- tion must show: First That there are at least seventy-five school census children in the school district for which the request is made that a district high school shall be established according to the last preceding census. Second That there are at least five children therein of high-school grade between the ages of six and eighteen years. Third That the school in such district is situated not less than twenty miles from a county high school located in the same county. Trustees to Provide Building Proviso. SEC. 3. When such petition has been presented and acted upon favor- ably by the board of county commissioners, and such district high school is authorized, it shall be the duty of the board of trustees of such district, together with the state board of education, within thirty days thereafter, to estimate the cost of purchasing suitable grounds when necessary, erecting a building and furnishing the same for the accommodation of the school; provided, that the board of school trustees may construct additions to the public school building or buildings in the place where such school shall be located, or if rooms can be obtained in the public school buildings therefor, such rooms shall be given the preference. And all expenses incurred for carrying out the provisions of this section shall be sustained by the school district interested, in accordance with the provisions of section eighty of " An act to provide for a reorganization of the system of school supervision and maintenance, to repeal all acts and parts of acts in conflict therewith, and matters properly connected there- with" approved March 29, 1907. SCHOOL LAWS OP NEVADA 75 Tax Levy for High School. SEC. 4. When such high-school building shall have been erected and furnished, or rooms secured as provided in this act, by such school dis- trict, the entire cost and expense of maintenance and instruction for the high school shall be paid by a tax on all the property in the county in which the said district high school is situated, in the same manner as other claims against the county are allowed and paid. Annual Estimate. SEC. 5. It shall be the duty of the board of school trustees, together with the state board of education, to furnish annually an estimate of the amount of money needed to pay all the necessary expenses of conducting and maintaining such school; to adopt and enforce the use of the neces- sary text-books required by the state board of education in such school; to employ competent teachers, janitors, and other persons, and to dis- charge such teachers, janitors, and other persons, when sufficient cause therefor shall exist; and to do any and all other things necessary to the proper conduct of such school. District High School Fund. SEC. 6. It shall be the duty of the board of county commissioners of the county within which such high school shall be situated, to include in their annual tax levy the amount estimated by the board of school trus- tees, together with said state board of education, as needed to pay the expenses of conducting such district high school ; and such amount when collected and paid into the county treasury shall be known as the " Dis- trict No. High School Fund" and may be drawn therefrom for the purpose of defraying the expenses of conducting said district high school in the manner provided by law for payment of school claims. What Pupils Eligible. SEC. 7. Any district high school shall be open for the admission of graduates holding diplomas from the eighth grade of the elementary schools of the state; provided, that the examinations for the said diplomas shall have been given under the direction and authority of the state board of education ; and to such other pupils as shall pass the examina- tions for admission to the district high school, which examination shall be conducted under the direction and authority of the state board of education. Principal May Supervise all Schools. SEC. 8. Nothing in this act shall be so construed as to prevent the principal of the district high school from acting as principal of all the schools of the district in which the district high school is located if so desired by the trustees of said district high school and the state board of education . Subject to School Laws. SEC. 9. The district high school shall be under the same general supervision and shall be subject to the same laws, rules and regulations as other schools of the state school system. Application of Act Restricted. SEC. 10. This act shall apply only to counties which at the last general election polled not more than nine hundred and sixty (960) 76 SCHOOL LAWS OF NEVADA votes, and which had more than three million six hundred thousand (83,600,000) dollars of taxable property; and nothing in this act shall be so construed as to militate against, or in any wise annul or modify, provisions already made for any county high school now established, or that may hereafter be established in any county. SEC. 11. This act shall take effect upon its passage and approval. FREE TEXT-BOOKS FOR THE PUBLIC SCHOOLS An act to provide books, equipment, and materials free of charge to the pupils of the public schools and to provide for and encourage the economic use thereof, and fixing penalties for its infraction, and repealing an act in conflict herewith. Approved March 14, 1913 Trustees to Furnish All School Books and Supplies for Pupils. SECTION 1. The board of trustees of each school district shall purchase all new text and supplementary school books and school supplies to be used by the pupils of such district, and the cost of the same shall be a legal charge against the county school fund belonging to such district. Books Remain Property of School District. SEC. 2. All books purchased by the district board shall be held as property of the district, except as herein provided, and shall be loaned to the pupils of the school in said district while pursuing a course of study therein. Parents and Guardians Responsible for Books Rules. SEC. 3. The parents and guardians of pupils shall be responsible for all books loaned to the children in their charge, and shall pay to the clerk of the board of trustees, or other person authorized by the board of trustees to receive the same, the full purchase price of every such book destroyed, lost, or so damaged as to make it unfit for use by other pupils succeeding to their classes. The board of trustees shall establish reason- able rules and regulations governing the care and custody of the said books, and for the payment of fines for injuries to the books. Other Equipment and Materials on Same Conditions. SEC. 4. Equipment and materials for use in manual training, indus- trial training, and teaching domestic science may be supplied to the pupils in the same manner out of the same fund and on the same terms and conditions as books; provided, that no private ownership can be acquired in such equipment or material unless sold in the manner pre- scribed by law, when such equipment or material shall be no longer used or required for the schools of the district. Teachers' Desk Books Property of District. SEC. 5. Authorized supplementary and desk books for the use of teachers shall be purchased under this act, and shall remain the prop- erty of the school district for which they were purchased, unless sold in accordance with the provisions of this act. Books May Be Sold. SEC. 6. Text- books and supplementary books may be sold for cash. SCHOOL LAWS OF NEVADA 77 School Trustees to Pay Money Into County Treasury. SEC. 7. It shall be the duty of the clerk of the board of trustees to turn over to the county treasurer, within thirty days after receiving the same, all moneys collected under the provisions of this act, and the same shall be credited to the county fund of the district from which it came. Violation of Act Misdemeanor Penalty. SEC. 8. Every person violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than twenty dollars or imprisonment in the county jail not more than ten days, or both so fined and imprisoned. Former Act Repealed. SEC. 9. An act entitled "An act to provide books, equipment and materials, and to encourage the economic use thereof by the pupils of the public schools, and fixing penalties for its infraction" approved March 22, 1909, is hereby repealed. In Effect, When. SEC. 10. This act shall go into effect on and after July 1, 1913. SCHOOL TRUSTEES MAY PAY MAINTENANCE EXPENSES WITH INTEREST-BEARING SCHOOL WARRANTS, IN EMERGENCIES An act to authorize the issuance of interest-beariny school warrants in emer- gencies, to repeal all acts and parts of acts in conflict herewith, and other matters properly connected therewith. Approved March 23, 1911 Interest-Bearing School Warrants Issued, When. SECTION 1. Whenever the county school fund of any school district is exhausted and there is not available money to meet the necessary expenses involved in maintaining the public schools of the district, the board of trustees of such district may, by unanimous vote, by resolution setting forth the character of the emergency, authorize the clerk of the board to issue orders, for the payment of current bills of the schools of the district, to the county auditor, and said county auditor shall draw warrants for the same on the county treasurer in the usual manner. Such orders shall be in the hands of the county auditor valid vouchers for warrants so drawn. How Endorsed. SEC. 2. When such warrants are presented to the county treasurer he shall endorse thereon the date and "Not Paid for Want of Funds" and such warrants shall draw interest from date at the rate of seven per cent per annum. County Treasurer to Keep List of All Interest-Bearing: School Warrants- Interest Ceases, When. SEC. 3. The county treasurer shall keep a list of all warrants so endorsed and shall pay them in the order of endorsement whenever there is sufficient money from any source in the funds upon which such war- rants are drawn. The interest on such warrants shall stop when the 78 SCHOOL LAWS OF NEVADA county treasurer shall give notice that he has funds with which to pay the same. As amended, Stats. 1913, 54, 55. Amount of Warrants Limited. SEC. 4. It shall not be lawful for the clerk of the board of trustees of such districts to draw orders on the county auditor in such amount that the total amount of such interest-bearing warrants of the district, out- standing and unpaid, shall exceed the total cost of maintaining the schools of the district for the current year, nor exceed one per cent of the total assessed valuation of the district. Procedure Before Issuing Interest-Bearing School Warrants Special Tax. SEC. 5. Before the issuance of the first of such interest-bearing war- rants the clerk of the board of trustees shall submit to the county com- missioners of said county a copy of the resolution of the board of trustees authorizing the same, and said county commissioners shall levy and cause to be collected and paid into the county school fund of the dis- trict a special tax upon the taxable property of the school district suffi- cient to pay such warrants and interest due thereon within three years. As amended, Stats. 1913, 55. Acts Repealed. SEC. 6. All acts and parts of acts in conflict with this act are hereby repealed. SEC. 7. This act shall take effect immediately upon passage and approval. ORPHANS' HOME CHILDREN TO ATTEND CARSON SCHOOLS An act to provide educational facilities for the children in the state orphans 1 home and oilier matters properly connected therewith. Approved March 20, 1911 Orphans To Have Domestic and Manual Arts and Commercial Instruction. SECTION 1. The children included in the state orphans' home shall be included in the school census of Carson City school district, and in consideration of this allowance and the further allowance of one thousand five hundred ($1,500) dollars paid annually out of the general fund of the state treasury, the children of the state orphans' home shall be entitled to attend and shall attend the Carson City public schools and to receive therein the full attention, protection and instruction accorded to any other children, including the domestic and manual arts in the ele- mentary grades with the addition of commercial branches in the high school, all of which shall be of standard character approved by the state board of education. To this end the board of directors of the state orphans' home is hereby authorized to enter into such agreement with the board of trustees of the Carson City school district, district No. 1, of Ormsby County, as may be necessary to carry out the provisions of this section and of this act; provided, that if in any year the domestic and manual arts and the commercial branches as hereinbefore named are not furnished as required herein, then the money allowance to said Carson City school district shall be but one thousand ($1,000) dollars for such year; and provided further , that the increased income of said school dis- SCHOOL LAWS OF NEVADA 79 trict as herein provided shall be full consideration for the privileges required in this act. As amended, Stats. 1913, 347 . Orphans To Be Provided With Books and Other School Supplies. SEC. 2. The board of directors of the state orphans' home shall furnish the children of the home who are attending school all text-books, sup- plementary books and necessary school supplies; and they shall furnish a sufficient supply of proper library books for the use of said children; provided, that the above-mentioned books and supplies shall be purchased by said board and paid for out of the orphans' home fund; and provided further, that in case the state law shall require districts to furnish books and school supplies free to all children attending the public schools, then Carson school district shall furnish the supplies called for in this section. As amended, Stats. 1913, 34-7 . Money Paid School Trustees, How. SEC. 3. Each three months hereafter, beginning with the first day of December, 1911, and ending with the first day of June, 1912, and on the same dates each year thereafter, the board of school trustees of Carson City school district shall present a voucher against the state for one-third of the amount of money allowed in section one of this act. Upon approval of this claim by the board of directors of the state orphans' home and by the state board of examiners, the state controller shall draw his war- rant on the state treasurer in favor of the board of trustees of Carson City school district and the state treasurer shall pay the same to the order of said board of trustees, who shall deposit the money with the county treasurer of Ormsby County to the credit of Carson City school district; and this money shall be used by said school trustees for the payment of teachers' salaries in this district. Acts Repealed. SEC. 4. All acts and parts of acts in conflict with this act are hereby repealed . AMENDMENTS TO ADMISSION REQUIREMENTS FOR STATE ORPHANS' HOME [n act to amend sections twelve and thirteen of an act entitled "An act for the government and maintenance of the state orphans' home" approved March 1, 1873, as amended March 9, 1903. Approved March 25, 1913 Dependent and Neglected Children Though Not Orphans May Be Received at Orphans' Home. SECTION 1. Section twelve of the above-entitled act as amended is hereby amended so as to read as follows : Section 12. Nothing in this act shall be construed to prevent the board of directors, at their discretion, from receiving any child from its living resident parent, parents, guardian or guardians, upon a proper showing to their satisfaction of the inability of such parent, parents, guardian or guardians, to support and care for such child; and that such board may require the living parent, parents, guardian or guardians of such child so admitted, to contribute such sum to its support as said board may determine; provided, however, that the state orphans' home 80 SCHOOL LAWS OF NEVADA is hereby organized as a home for dependent or neglected children in addition to the other purposes for which the institution is established; and the board of directors are authorized and required to receive such dependent and neglected children as may be committed to the care of said institution by any district court of this state. Children Committed by District Judge or County Commissioners County to Pay All Children at Home Wards of State Certain Children Barred. SEC. 2. Section thirteen of the above-entitled act as amended is hereby amended so as to read as follows: Section 13. Children admitted to the state orphans' home under the provisions of section twelve of this act, as amended, are hereby declared and adjudged to be wards of the state as fully as whole orphans; pro- vided, that children may be received by the board of directors of said orphans' home when committed to the same by the district court of the county in which such children reside; provided further, that if the dis- trict judge is absent from the county, or from any cause is unable to act when an application is made for the commitment of any dependent or neglected child to said orphans' home, the county commissioners are hereby authorized to commit such child to said orphans' home; but any such commitment by any said board of county commissioners is subject to review by the district court of the county from which the child was committed; provided further , that the expenses, transportation and main- tenance of such dependent and neglected children, when committed to this institution by any district court or board of county commissioners of the state shall become a charge against the county from which such dependent or neglected children are committed, such charge to be a reasonable rate to be fixed from time to time by the board of directors of said orphans' home; and provided further , that no dependent or neg- lected child who is idiotic or who has any contagious disease shall be committed to or received by the board of directors into said institution. SEC. 3. This act shall take effect upon its passage and approval. EDUCATION OF THE DEAF AND DUMB, AND THE BLIND An act to provide for the education of the deaf and dumb, and the blind of the State of Nevada. Approved March 2, 1869 SECTION 1. The superintendent of public instruction is authorized to make arrangements with the directors of any institutions for the deaf and dumb and the blind in the State of California, or in the State of Utah, for the admission, support, education, and care of the deaf and dumb and the blind of this state, and for that purpose is hereby empowered to make all needful contracts and agreements to carry out the provisions of this act. As amended, Stats. 1907, p. 371. Application, How Made Superintendent of Public Instruction to Issue Cer- tificate. SEC. 2. Upon application under oath of a parent, relative, guardian or nearest friend of any deaf, dumb or blind person, resident of this state, setting forth that by reason of deafness, dumbness, or blindness, such person is disqualified from being taught by the ordinary process of SCHOOL LAWS OF NEVADA 83 relating to the care of children who have been adjudged delinquent, and for the moral, industrial and general education of such boys; provided, that the permanent board of government hereinafter created shall be authorized to provide for the care of delinquent children of either sex properly committed thereto, either at this school, or by sending female delinquents to other institutions of a like kind for females, and are authorized to pay the expense of transportation and maintenance of children sent to such other institution out of the fund hereinafter created by this act. Governor to Appoint Commission School in Elko. SEC. 3. It shall be the duty of the governor of Nevada, on or before the thirty-first day of March, 1913, to appoint two persons who, together with the governor shall constitute a commission for the establishment of a school of industry at the town of Elko, Elko County, Nevada, upon a ten-acre site to be deeded to the state without charge; conditioned upon the payment to the commission by the citizens of Elko of the sum of five thousand dollars to assist in the construction of suitable buildings for such home. Commission to Secure Flans for Buildings. SEC. 4. Upon the choice of such site having been made, it shall be the duty of such commission to advertise in such Nevada and other newspapers as to the commission shall seem best for the architectural designs and plans for such building or buildings as shall be deemed requisite by the commission for such school and for the carrying out of its purposes, and said commission shall include in such advertisement a brief description of the character, size and cost limit of the building or buildings to be constructed; said advertisement shall state that all designs, plans and estimates for the cost of construction thereof shall be received by the commisssion. The commission shall have the power to reject any and all designs and plans submitted. Commission May Employ Architect. SEC. 5. The said commission shall, after passing on said designs, have power, in the event of no design having been accepted, to employ an architect of their choice to make under their direction a proper design with plans and specifications, all to be approved by the commission and at a cost also approved by them. The commission shall likewise have power to modify any accepted plans or designs as they see fit. Contracts To Be Let. SEC. 6. Immediately upon the acceptance or adoption of a design and plans and specifications, with their modifications, if any, the said commission shall, under the advice of the attorney-general, let a con- tract or contracts for the construction thereof, with suitable indemnity bond or bonds to be approved by a majority of the commission and by the state treasurer. Said commission shall have full power to prescribe the course of procedure to be by them adopted for the securing, sub- mission and opening of bids, and awarding of contracts thereon, or said commission may, if in their judgment deemed best, negotiate for the construction by contract without competitive bidding thereon. Clerk To Be Appointed. SEC. 7. Said commission shall have authority to employ a clerk to 84 SCHOOL LAWS OF NEVADA keep its records and accounts, and to incur such expense as may be necessary for architectural advice, stenographic service, and any other incidental expense as shall be approved as necessary by the commission. All Expenditures Published. SEC. 8. All expenditures made by said commission in the perform- ance of the duties in this act imposed, shall be audited by the state controller, and once every month said auditor shall publish in some newspaper of general circulation in Nevada, an abstract of expenditures to date, up to the time of the completion of said building or buildings. Governor and Four Appointees to Constitute Permanent Board Superintend- ent Salary. SEC. 9. The permanent board of government of said institution shall consist of the governor of Nevada and four persons to be appointed by him, and removable by a majority vote of the members of the board. The terms of office of such members, other than the governor, shall expire one each year, beginning January 1, 1915, and in the appoint- ments the times of expiration of the first appointees shall be designated in the respective appointments, and thereafter their terms of office shall be four years each. The members of said board shall serve without compensation, but necessary and reasonable expenses incurred by them in the performance of their duties as members of said board shall be paid out of the appropriations made for the maintenance of said school, when approved by the board. They shall appoint a superintendent of the school, whose salary shall be not more than $2,400 per year, payable monthly, and who shall hold office during the pleasure of the board. The board of government is hereby authorized to accept gifts, and in order that the home herein provided for may be prepared as soon as possible, to borrow money at a rate not to exceed 6 per cent, to be repaid from the fund created by this act. Bond of Superintendent. SEC. 10. The superintendent shall give such bond for the faithful performance of his duties as shall be prescribed from time to time by the board, and shall, subject to the regulations prescribed by the board, be invested with the custody of the lands, buildings and other property belonging to the institution. He shall appoint, subject to the approval of the board, all teachers, officers and employees who shall hold office during his pleasure. Education and Training of Inmates. SEC. 11. The board shall cause to be organized and maintained a department of instruction for the inmates of said school, with a course of study corresponding, so far as practicable, with the course of study in the state public schools and not higher than the high-school courses. They shall adopt a system of government embracing such rules and regu- lations as are necessary for the guidance of the teachers, officers, and employees, for the regulation of the hours of labor and study, for the preservation of order, for the enforcement of discipline, and for the indus- trial training of the inmates. The ultimate purpose of all such instruc- tion, training, discipline and industries shall be to qualify inmates for profitable and honorable employment and to enable them to lead useful lives after their release from the institution rather than to make said institution self-supporting. SCHOOL LAWS OF NEVADA 85 School Regulations and Rules. SEC. 12. The rules and regulations of said school and the conduct thereof by said board and said superintendent shall be in strict harmony with and obedience to the laws of the State of Nevada, and the judg- ments and orders of the district courts of the several judicial districts rendered and made in accordance with the laws of Nevada. Construction of this Act Inmates May Receive Moderate Pay in Lieu of Clothing, Etc. SEC. 13. This act shall be construed in conformity with the intent as well as the expressed provisions thereof, and shall confer upon the board authority to do all those lawful acts which it deems necessary to promote the prosperity of the school, and the well-being and education of its inmates, including the organization of trade schools, purchase of materials for use therein, and the doing of all other things, not prohib- ited, which are required to carry out the purposes of this act. The board is further authorized to pay those committed to said school small weekly or monthly sums in lieu of clothing and other necessary articles, if, in its judgment, such a course would better promote discipline and training; and for this purpose and also to meet small current and inci- dental expenses the said board is hereby authorized to place in the hands of the superintendent of this industrial school, through requisitions approved by the state board of examiners, and issued and paid by war- rants as provided herein, sums of money, not to exceed five hundred dollars at any one time; provided, that the superintendent shall make a complete financial report each month to the board of trustees of all moneys handled by him. Courts to Commit Boys to Institution. SEC. 14. When the premises are ready for occupancy, the governor shall make due proclamation thereof. Thereafter it shall be lawful for the courts to commit to said institution those boys whom they shall have found to be delinquents as provided by law. Special State Tax of Two Cents. SEC. 15. For the fiscal year commencing January 1, 1913, and the fiscal year commencing January 1, 1914, an ad valorem tax of two cents on each one hundred dollars of taxable property is hereby levied and directed to be collected, for the purposes of this act, upon all the taxable property in this state, including the net proceeds of mines and mining claims, except such property as is by law exempt from taxation, and all money derived from said taxes shall be paid into the treasury to the credit of the Nevada school of industry fund hereby created. EMPLOYMENT OF CHILDREN PROHIBITED IN CERTAIN CASES- LIMITED IN OTHERS PENALTIES An act regulating the employment of children and providing penalties for the violations of the provisions of said act. Approved March 25, 1913 No Child Under 14 to Labor During School Hours. SECTION 1. It shall be unlawful for any person, firm or corporation to employ any child under fourteen (14) years of age, in any business 86 SCHOOL LAWS OF NEVADA or service whatever during the hours in which the public schools of the district, in which the child resides, are in session. Child Under 16 Shall Never Work in Certain Callings, SEC. 2. No child under the age of sixteen (16) years shall be employed, permitted or suffered to work in any capacity in, about, or in connection with the preparing of any composition in which dangerous or poisonous acids are used, manufacture of paints, colors, or white lead; dipping, drying or packing matches: manufacture of goods for immoral purposes; nor in, about, or in connection with any mine, coal breaker, quarry, smelter, ore reduction works, laundry, tobacco warehouses, cigar factory, or other factory where tobacco is manufactured or prepared, distillery, brewery, or any other establishment where malt or alcoholic liquors are manufactured, packed, wrapped or bottled; nor in any other employ- ment declared by the state board of health to be dangerous to lives or limbs, or injurious to the health or morals of children under the age of sixteen (16). State Board of Health to Decide as to Injurious Callings. SEC. 3. The state board of health may from time to time determine whether or not any particular trade, process of manufacture, or occupa- tion, or any particular method of carrying on such trade, process of manufacture or occupation is sufficiently dangerous to the lives or limbs, or injurious to the health or morals of minors under sixteen (16) years of age employed therein to justify their exclusion therefrom, and may prohibit their employment therein. Duties of Superintendent of Public Instruction, Inspector or School Officer. SEC. 4. The state superintendent, or other authorized inspector or school attendance officer, shall make demand on an employer in or about whose place or establishment a child apparently under the age of four- teen (14) years is employed, or permitted or suffered to work, during the hours in which public schools of the district are in session ; that such employer shall either furnish him within ten (10) days satisfactory evi- dence that such child is in fact over fourteen (14) years of age, or shall cease to employ, or permit or suffer such child to work. Other Callings Where Child Under Sixteen Cannot Work. SEC. 5. No child under the age of sixteen (16) years shall be employed, permitted or suffered to work in, about or in connection with glass furnaces, smelters, or ore reduction works, in the outside erection and repair of electric wires, in the running or management of elevators, lifts, or hoisting machines, in oiling hazardous or dangerous machinery in motion, at switch tending, gate tending, track repairing, as brakeman, fireman, engineer, motorman, conductor upon any railroads in or about establishments where nitroglycerine, dynamite, daulin, guncotton, gun- powder or other high or dangerous explosives are manufactured, com- pounded or stored ; nor in any other employment declared by the state board of health to be dangerous to the lives or limbs, or injurious to the health or morals of children under the age of sixteen (16) years. State Health Board to Decide What are Injurious Callings. SEC. 6. The state board of health may from time to time determine whether or not any particular trade, process of manufacture, or occupation or any particular method of carrying on such trade, process of manufacture SCHOOL LAWS OF NEVADA 87 or occupation is sufficiently injurious to the lives or limbs, or injurious to the health or morals of the minor under the age of sixteen (16) years, employed therein to justify their exclusion therefrom, and may prohibit their employment therein. Messengers Must Be Over Eighteen When Employed at Night Work. SEC. 7. In incorporated cities and towns no person under the age of eighteen (18) years shall be employed or permitted to work as a mes- senger for a telegraph or messenger company in the distribution, trans- mission or delivery of goods or messages before 5 o'clock in the morning, or after 10 o'clock in the evening of any day. Eight Hours a Day's Work for Children Exception. SEC. 8. No boy under the age of sixteen (16) years and no girl under the age of eighteen (18) years shall be employed, permitted or suffered to work at any gainful occupation, other than domestic service or work on a farm more than forty-eight hours in any one week, nor more than eight hours in any one day. The presence of a child in any establish- ment during working hours shall be prima facie evidence of its employ- ment therein. Penalties for Violation of Act. SEC. 9. Whoever employs any child, and whoever having under his control as parent, guardian, or otherwise, any child, permits or suffers any child to be employed or to work in violation of any of the provisions of this act, shall for such offense be fined not less than five ($5) dollars nor more than two hundred ($200) dollars or to be imprisoned for not less than ten (10) days nor more than thirty (30) days, or both in the dis- cretion of the court. Other Penalties. SEC. 10. Whoever continues to employ any child in violation of any of the provisions of this act, after being notified thereof by a school attendance officer, or other authorized officer, shall for every day there- after that such employment continues be fined not less than five ($5) dollars nor more than twenty ($20) dollars. BONDING FOR COUNTY HIGH-SCHOOL BUILDINGS AND DORMITORIES An act to provide for bonding counties for building and equipping county high schools and dormitories or for either one of these purposes, and other matters properly connected therewith. Approved March 25, 1913 Question of Bonding Counties for High Schools To Be Submitted to Popular Vote. SECTION 1 . Whenever the county board of education in any county having a county high school shall certify to the board of county commis- sioners of such county that a new county high-school building or dormi- tory, or both of these, are needed, or that it is necessary to enlarge one or both of the buildings in use, and that the cost of the same is such that it is expedient to raise the necessary money therefor by direct levy and that a bond issue for the purpose is advisable, and shall furnish 88 SCHOOL LAWS OF NEVADA the board of county commissioners with a definite statement of the amount of money needed therefor, said board of county commissioners is hereby authorized and directed to submit the question of bonding the county for the amount named to the voters of the county at the next general election; or said board may, in its discretion, order a special election if so requested by the county board of education. County Commissioners to Order Such Election. ; SEC. 2. The board of county commissioners may make an order for the bond election provided for in this act at any regular meeting or at a special meeting held not less than eight weeks before any general or special election, which election shall be noticed, held and conducted, and returns thereof made as and in the manner now provided bylaw for hold- ing elections in the several counties of the state. Election Notice, What to Contain, The election notice must contain: First The time and places of holding such election. Second The hours during the day in which the polls will be opened, which hours shall be the same as at general elections. Third The amount of the bonds, the rate of interest and the num- ber of years, not exceeding twenty, the bonds are to run. There shall be placed upon one line of the printed ballots for such election the words "For the bonds" [and upon the following line the words "Against the bonds."] The method of indicating choice thereof shall be the usual method prescribed in this state. Commissioners to Issue Bonds Interest Limit Six Per Cent. SEC. 3. If upon the official determination of the result of such elec- tion it shall appear that a majority of all the votes cast are "For the bonds" the board of county commissioners, as soon as practicable there- after, shall issue the negotiable coupon bonds of the county in such form and denomination as the county board of education may direct, but not in conflict with the election notice thereof, said bonds to run for a period not to exceed twenty (20) years from the date of issue and to bear inter- est at a rate not exceeding six (6) per cent per annum, payable semi- annually, both principal and interest payable at such place as the board of county commissioners may direct, said bonds not to be sold at less than their par value. Before any of the bonds provided for in this act are sold, notice of the proposed sale must be given by publication in a newspaper of general circulation in the county for at least three weeks, inviting sealed bids to be made for said bonds, and the bonds shall be sold to the highest and best bidder. Bonds To Be Signed and Attested. SEC. 4. All bonds issued under the provisions of this act shall be signed by the chairman of the board of county commissioners, attested by its clerk, sealed with its seal, and countersigned by the county treas- urer; and each of the interest coupons attached to said bond shall be signed by the original or engraved facsimile signature of said chairman, clerk and treasurer. Bonds To Be Registered. SEC. 5. Before any county shall issue bonds under the provisions of this act, all such bonds shall be presented to the treasurer of the county SCHOOL LAWS OF NEVADA 89 to be duly registered by him in a book kept for that purpose in his office, which shall show the amount, the time of payment, and the rate of interest; and all such bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the pro- visions of this act. After such registry the bonds shall be sold for the purpose of raising funds for the objects designated in this act. JLk;.ijQikl3l Special Tax for Interest on Bonds and for Sinking Fund for Redemption. SEC. 6. Whenever a county shall issue any bonds under the provisions of this act, it shall be the duty of the board of county commissioners to annually levy and assess a special tax on all the taxable property of such county including the net proceeds of mines in an amount sufficient to pay the interest accruing thereon promptly when and as the same become due, according to the tenor and effect of said bonds, and the county treas- urer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him, and shall cause said interest to always be promptly paid at the place of payment specified in the bonds; if there be any surplus after paying said interest, the treasurer shall without delay pass the same to the credit of the county high-school fund, and such money so passed to the credit of said fund, shall be subject to the disposal of the county board of education and in the tenth year after the year in which the bonds are issued or in the fifth year after the issue of said bonds provided the board of county commis- sioners so determine, and annually thereafter until the full payment of such bonds has been made, the board of county commissioners shall levy and assess a special tax, and shall cause such special tax to be collected on all the taxable property of the county including the net proceeds of mines, sufficient to raise annually a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds out- standing and dividing it by the number of years said bonds then have to run, which amount shall be levied, and assessed and collected by the county treasurer in the same manner as the tax for the payment of the interest coupons, and when collected shall be known as the "County High-School Bond Sinking Fund" and shall be used only for the pay- ment of said bonds which said county treasurer shall cause to be paid at the place of payment specified in such bond. The sinking fund thus created may be applied to the purchase and cancelation of the outstand- ing bonds provided for in this act. At the maturity of such bonds the county treasurer shall call in and pay them with the interest accrued thereon, and shall duly cancel each bond and certify his action to the board of county commissioners and county board of education. In the event the funds to pay interest are not collected in time to permit the payment of the interest on said bonds when the same shall become due, the county treasurer shall pay the amount due out of the general county fund and then reimburse said fund for the amount so borrowed from it when said interest funds are collected. Maximum Bonding Limits. SEC. 7. The maximum bonding limit of counties for county high- school purposes under the provisions of this act shall be as follows : 1. For counties having a total assessed valuation of two million five hundred thousand (2,500,000) dollars or less, two and one-half per cent of such valuation. 2. For counties having an assessed valuation of over two million five 90 SCHOOL LAWS OF NEVADA hundred thousand (2,500,000) and less than five million (5,000,000) dollars of assessed valuation, two per cent of such valuation. 3. For counties having an assessed valuation of five million (5,000,000) dollars and less than ten million (10,000,000) dollars of assessed valua- tion, one and one-half per cent of such valuation. 4. For counties having ten million (10,000,000) dollars or over of assessed valuation, one per cent of such valuation. Property Not Released from Taxation by Change in Boundary Lines. SEC. 8. No change in the boundary lines of any county shall release the taxable real property of the county from assessment and levy of the taxes to pay the interest and principal of such bonds, and if there shall be any change in the boundary of such county so as to leave out any portion of the taxable real property of the county which was subject to taxation in the county at the time of the issue of such bonds, the assess- ment and levy of taxes for the payment of the principal and interest of such bonds shall be made on such property as if it were still within the county, and if there shall be any change in the boundary lines of such county so as to annex or include any taxable or real property, after the issue of such bonds, the real property so included or annexed shall there- after be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds. Taxes a Lien onfProperty. SEC. 9. All taxes levied and assessed as in this act provided shall con- stitute a lien on the property charged therewith, from the date of the levy thereof by the county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and there- after, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. And no additional allowance, fee, or compensation whatever shall be paid to any officer for carrying out the provisions of this act. Repeal. SEC. 10. All acts and parts of acts in conflict with this act are hereby repealed . SECTIONS OF GENERAL ACTS IN REVISED LAWS OF NEVADA, 1912, APPLYING TO EDUCATIONAL FUNDS 1619. Escheated Estate Funds To Be Paid to the State for Educational Purposes. SEC. 5. Each executor, administrator and public administrator, on final settlement of an estate and proper order of the court having juris- diction in the matter thereof, or before final settlement, upon the regu- lar order of the court aforesaid, shall pay over all moneys of such estate to the lawful heirs or legatees, or devisees, thereof, and if there be none of either, then to the county treasurer, and the county treasurer shall pay the same to the state treasurer, and if the same escheat to the state, the state treasurer shall place the same in the fund devoted and pledged to educational purposes. SCHOOL LAWS OF NEVADA 91 1625. Recovery Action by Heirs If Not Sustained Money Must Be Paid Into Irreducible School Fund. SEC. 12. Any money paid into the state treasury under the provisions of this act, excepting from an escheated estate, may be recovered by the rightful heirs or legatees thereof in the following manner, viz: Such heir or heirs, legatee or legatees, may present their claim therefor to the district court which had jurisdiction of the final settlement of the estates to which such money belonged, and make proof of the validity of such claim, after notice given to the attorney-general of the state, to the sat- isfaction of such court, under such rules as it may prescribe. If satis- fied on the hearing that such claimant or claimants are rightfully entitled to the same, the court shall enter a decree that such money be paid to him or them. Such decree shall then be certified to the state board of examiners, stating the amount thereby found to be due, and the said board shall allow the same, certify it to the controller, who shall draw his warrant therefor on the treasurer, and who shall pay the same; pro- vided, no proceedings shall be maintained under the provisions of this section of this act unless commenced within six years next after the final settlement of the estate to which they relate; and provided further, that all costs of such proceeding shall be paid by the applicant or applicants. If not applied for within six years, as above provided, or if applied for and not obtained, such moneys shall then be placed in the irreducible school fund of this state. 6116. Estate of Intestate Descent and Distribution When to Escheat to the State for Support of Common Schools. SEC. 259. When any person having title to any estate, not otherwise limited by marriage contracts, shall die intestate as to such estate, it shall descend and be distributed subject to the payment of his or her debts in the following manner: Sixth If the intestate shall leave no husband nor wife nor kindred, the estate shall escheat to the state for the support of the common schools. [The first five paragraphs of this section have no bearing on eductional funds. For all other sources of income for Irreducible School Fund see article 11, section 3 of Constitution of Nevada.] MONEYS FROM VARIOUS SOURCES THAT GO INTO PUBLIC SCHOOL FUNDS 3952. Fees for Official Commissions and all Fees of Office of Secretary of State to go into Library Fund One-half of Surplus Annually To Be Transferred to State Distributive School Fund. SECTION 7. Each and every officer of this state, civil and military, except commissioners of deeds and notaries public, shall, at the time of the issuance of his commission, and before entering upon the duties of his office, pay to the secretary of state the sum of five dollars, which, with all fees of whatever character, by the laws now in force, or which may hereafter be provided to be charged and collected in the office of the secretary of state, shall constitute a portion of the library fund; and the secretary of state shall exhibit an account of, under oath, and pay to the state treasurer, at the end of each quarter, dating from the first day of January, all moneys collected under this act, and the same, 92 SCHOOL LAWS OP NEVADA together with such revenues as are hereinafter provided, shall be reserved, set apart, and appropriated, as a state library fund. On the thirty-first day of December, nineteen hundred and seven, and annually thereafter, the state treasurer shall take from the said library fund all moneys in excess of the sum of five thousand dollars, if there be any surplus, and transfer one-half of such moneys to the general fund of the state treas- ury, and the other half to the general state school fund of the treasury. Revised Laws of Nevada, 1912, 3952. 2135. Certain Portion of Profits of Franchises to County School Fund. SEC. 7. Every applicant for a franchise for any of the purposes men- tioned in section 1 of this act shall, within ten days after such franchise is granted, file with the county recorder of such county an agreement properly executed by the grantee of such franchise, right or privilege to pay annually on the first Monday of July of each year to the county treasurer of the county wherein such franchise, right or privilege is to be exercised, for the benefit of the school fund of such county, two per cent of the net profits made by such grantee in the operation of any pub- lic utility for which such franchise is granted, and no power, function, right or privilege shall be exercised until such agreement shall be filed. Revised Laws of Nevada, 1912, 2135. 2251. Animals May Be Sold Proceeds, How Disposed of Common School Fund. SEC. 3. If at the expiration of thirty days thereafter, no such owner, owners, nor agent shall appear and legally reclaim such animal as afore- said, then it shall be the duty of the person having possession of it to deliver the same to the constable of the township in which the animal has been found and confined, whose duty it shall be, after three days' notice of the intent, to make sale of the same to the highest cash bidder, and after paying all the necessary expenses incurred in the premises, then to pay the residue of the proceeds of such sales into the treasury of the county in which such sale shall have taken place, for the benefit of the common school fund; provided, however, that if the owner or owners of such prop- erty shall make claim to it at any time before such sale can legally be made, nothing in this act shall be construed to exempt such owner or owners from payment of all expenses incurred. Revised Laws of Nevada, 1912, 2251. 2281. Moneys Paid, How Disposed of County School Fund. SEC. 8. All moneys paid into the county treasury, under the pro- visions of this act as above provided, shall become a part and belong to the county school fund of the county in which the proceedings are had, and be drawn from the county treasury on proper warrant, and shall be exclusively appropriated to the county school fund, and for no other purpose. Revised Laws of Nevada, 1912, 2281. 3012. Transfer of Moneys from Road Fund to County School Fund, When To Be Made. SEC. 5. All moneys remaining in the road fund belonging to any road district at the end of every year, or belonging to any district that may be disorganized, as provided by this act, may, on petition of a majority of the taxpayers therein, be applied by the county commis- sioners to the building of any bridge or special improvement of any high- way in said district, or the county in which said district is situated, or SCHOOL LAWS OF NEVADA 93 upon such petition said moneys may be transferred to the school fund, and applied to the public school or schools of said district. Revised Laws of Nevada, 1912, 3012. 3760. Fines To Go to Irreducible School Fund, SEC. 148. The full amount of all fines imposed and collected under, and for a violation of any, penal law of this state, shall be paid into the state treasury to the credit of the state permanent school fund, and costs shall in no case be deducted from the fine fixed by law, or imposed by the court. Revised Laws of Nevada, 1912, 3760. AMENDMENT PROPOSED TO CONSTITUTION FOR INVESTMENT OF PERMANENT SCHOOL FUND IN MORTGAGES ON AGRICULTURAL LANDS Assembly Joint and Concurrent Resolution, relative to amending section three of article eleven of the constitution of the State of Nevada. Approved March 26, 1913 SECTION 3. [The proposed amendment broadens the scope of invest- ment of the state permanent school fund by adding after the words, "or the bonds of any county in the State of Nevada" the following:] ; or in loans at a rate of interest of not less than six per cent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances, said loans to be under such further restrictions and regulations as may be provided by law; [What follows is already a part of article 11.] NOTE Article 11 is printed in full in the first part of the School Code. VIRGINIA CITY SCHOOL OF MINES An act to amend an act entitled "An act creating a school of mines, to be located at Virginia City, Nevada" approved March 20, 1903. Approved March 20, 1911 School of Mines Created Under Direction and Control of State Board of Eucation Salary of Principal Fixed. SECTION 1. Section one of said act is hereby amended so that the same shall read as follows: There is hereby created a school of mines, to be known as the Virginia City School of Mines, to be located at Virginia City, Storey County, Nevada, to be under the direction and control of the state board of edu- cation. The principal in charge of said school of mines shall receive a salary of two thousand dollars per annum, payable in twelve equal monthly installments on the first day of each and every month during the time this act and the provisions thereof shall remain in force and effect. State Board Authorized to Expend Money For. SEC. 2. The said state board of education are hereby authorized and empowered to expend for the support and maintenance of the Virginia 94 SCHOOL LAWS OF NEVADA City School of Mines for the years 1911 and 1912, in addition to the sal- ary of the principal in charge of said school of mines, the sum of four hundred and twenty-five dollars ($425). NOTE This act includes the original act of 1903 and^contains all the law now relating to the Virginia City School of Mines. COMPULSORY ATTENDANCE An act compelling the attendance of children at schools where tuition, lodging, food and clothing are furnished at the expense of the United States. Approved March 26, 1913 Compelling the Attendance of Pupils on Government Schools Exception, SECTION 1. -That whenever the government of the United States erects, or causes to be erected and maintained, a school for general educational purposes, within the State of Nevada, and the expense of the tuition, lodging, food and clothing of the pupils therein is borne by the United States, it shall be compulsory on the part of every parent, guardian, or other person in the State of Nevada, having control of a child or children between the ages of eight and eighteen years, eligible to attend said school, to send such child or children to said school for a period of nine months in each year, or during the entire annual term; provided, that in case the government of the United States does not make provision for the free transportation of said child from their homes to said school, then he, she, or they shall not be liable to the provisions of this act, unless they reside less than ten miles from such school. Principals or Superintendents of Said Schools to Give Personal Notice to Parents or Guardians. SEC. 2. It shall be the duty of all principals or superintendents of the school or schools mentioned in this act, before attempting to enforce the provisions of this act, hereinafter mentioned, to serve, or cause to be served, a demand for the attendance of certain children, naming or other- wise identifying them, and also designating the school to which their attendance is required, upon the parent, guardian or other person having charge of such child or children as may be eligible to attend said school over which he has charge, and a copy of this act; and such parent, guardian or other person having charge of said child or children shall have ten days to either deliver said child or children at said school, or to the accredited representative of said school if more than ten miles dis- tant from the residence of said child or children, or to furnish satisfac- tory proof that the bodily or mental condition of such child or children is such as to prevent his attendance or cause him or them to be ineligible for enrollment. Said Officers to Bring Suit for Collection of Fine. SEC. 3. If, at the expiration of ten days after such notice or demand, the parents, guardian, or other person having charge of said child or children shall have failed or refused to comply with this act, the princi- pal or superintendent shall cause a demand to be made upon such parent, guardian, or other person for the amount of the penalty herein- after provided; and if such parent, guardian, or other person shall neglect or refuse to pay the same within five days after making such demand, SCHOOL LAWS OF NEVADA - 95 the superintendent or principal shall commence proceedings in the name of the state for the recovery of the fine hereinafter provided before any court having jurisdiction. Fine or Imprisonment, When. SEC. 4. Any parent or guardian, or other person having control or charge of any child or children, failing to comply with the provisions of this act, shall be deemed guilty of a misdemeanor, and shall be liable to a fine of not less than ten dollars ($10) nor more than twenty-five dol- lars ($25) or imprisonment in the county jail not less than two days nor more than twenty-five days for the first offense; and for each subsequent offense said parent, guardian or other person shall be liable to a fine of not less than twenty-five dollars ($25) or more than fifty dollars ($50), or to imprisonment in the county jail not less than twenty-five days or more than fifty days; provided, also, that to all fines imposed shall be added the cost of collection ; provided, further, that proceedings may be begun at the expiration of three days de novo after each refusal of said parent, guardian or other person to comply with the demand of said principal or superintendent. Fines go to County School Fund. SEC. 5. All fines collected under the provisions of this act shall be paid into the county treasury, the same to be placed to the credit of the general school fund. Peace Officers to Assist in Enforcement. SEC. 6. It shall be the duty of sheriffs, constables, policemen, town and city marshals in the state to take cognizance of this act and assist principals and superintendents of schools in carrying out its provisions. Punishment for Intimidation of Guardians Proviso. SEC. 7. Any person or persons who shall directly or indirectly per- suade, advise, or intimidate in any manner the parent or guardian of any child or children coming under the provisions of this act from com- plying with the demand of a principal or superintendent of a school who is endeavoring to carry out the provisions of this act shall be guilty of the same offense and shall be subject to the same fines and punishment as the parent or guardian ; provided, that this section shall not apply to the attorney or legal adviser of any parent or guardian in giving advice in his legal capacity. Jurisdiction. SEC. 8 The court of any justice of the peace within the county where the child or children live, may constitute a court of jurisdiction. Repeal. SEC. 9. All acts and parts of acts in conflict with this act are hereby repealed . UNIVERSITY OF NEVADA An act to fix the name of the state university of Nevada. Approved March 20, 1907 SECTION 1. The legal and corporate name of the state university shall be the University of Nevada. 96 SCHOOL LAWS OF NEVADA An act relating to the state university and matters properly connected therewith. Approved February 7, 1887 Literary and Scientific Course at State University. SECTION 1. There shall be established in the state university of Nevada, a school for the instruction of teachers, in which shall be taught all the branches of instruction which are taught in the common schools of this state, together with the theory and practice of teaching, school law, botany, physiology, and geology. There shall also be taught in said university, chemistry, assaying, mineralogy, surveying, and geology, so far as they relate to the theory and practice of mining, agriculture, and the mechanic arts. There shall also be taught in the preparatory department of said university, typewriting, shorthand, telegraphy, book- keeping and commercial law, so far as they relate to the practical affairs of life. As amended, Stats. 1891, p. 92. Five Regents Authorized Three Elected at Every General Election. SEC. 2. From and after the first day of January, A. D. 1907, the board of regents of the state university shall consist of five members; those who are elected for the term of four years to be known as "long- term regents" and those who are elected for the term of two years to be known as "short-term regents," and to hold their offices for the several periods for which they are elected, and until their successors are elected and qualified. At the general election held in 1906 there shall be elected two long-term regents, who shall hold their office for the term of four years, and two short-term regents, who shall hold their office for the period of two years. Thereafter, at each general election, there shall be elected two regents for the long term and one regent for the short term in the same manner as other state officers are elected. The persons elected as regents under the provisions of this act, before entering upon the discharge of their office, shall take and subscribe to the official oath and file the same in the office of the secretary of state. In case of vacancy in said board of regents, the governor shall fill the same by appointment until the next general election, when such vacancy shall be filled by election. The term of office of each regent shall begin on the first Monday of January after his election. As amended, Stats. 1905, p. 190. Powers and Duties of Regents. SEC. 3. The powers and duties of the board of regents are as follows: First To prescribe rules for their own government, and for the gov- ernment of the university. Second To prescribe rules for the reports of officers and teachers of the university. Third To prescribe the course of study, the time and standard of graduation, and the commencement and duration of the terms, and the length of the vacations of the university. Fourth To prescribe the text-books, and provide apparatus and fur- niture for the use of pupils. Fifth To appoint a president of the university, who shall have a diploma from some recognized college of learning of good standing, or some state normal school, who has had at least five years of practical experience as an instructor; who is familiar with the modern methods SCHOOL LAWS OF NEVADA 97 of imparting instruction generally approved in the United States, and who shall he endorsed as to moral character and qualifications as an instructor by the president and faculty of three institutions of learning authorized by law to confer degrees. Sixth To prescribe the duties of the president, and fix his salary and the salaries of all other teachers in the university. Seventh To require the president, under their direction, to establish and maintain training and model schools, and require the pupils of the university to teach and instruct classes therein. Eighth To control the expenditures of all moneys appropriated for the support and maintenance of the university, and all moneys received from any source whatsoever. Ninth To keep open to public inspection an account of receipts and expenditures. Tenth To annually report to the governor a statement of all their transactions, and of all other matters pertaining to the university. Eleventh To transmit with such report a copy of the president's annual report. Twelfth To revoke any diploma by them granted on receiving satis- factory evidence that the holder thereof is addicted to drunkenness, is guilty of gross immorality, or is reputably dishonest in his or her deal- ings; provided, that such person shall have at least thirty days' previous notice of such contemplated action, and shall, if he or she ask it, be heard in his or her own defense. Chairman To Be Appointed. SEC. 4. The board of regents shall have the power to appoint a chair- man, who shall receive no compensation therefor, nor shall any member receive any compensation for his services except necessary expenses in attending meetings of the board. The board of regents may employ a clerk of said board, who shall receive a salary of twenty-five dollars per month, and who shall keep a full record of all proceedings of the board, which shall at all times be open to public inspection, and said clerk shall not be a teacher in said university. SEC. 5. The board must hold four regular meetings in each year, and may hold special meetings at the call of the chairman of the board. SEC. 6. The president of the university must make a detailed annual report to the board of regents, with a catalogue of pupils, and such other particulars as the board may require or he may think useful. Academic Degree How Issued State Normal School State High-School Certificates Life Diploma Grammar-Grade Diploma Cause for Revo- cationDiploma of Graduation. SEC. 7. Upon the recommendation of the president of the university, the board of regents shall issue to those who worthily complete the full course of study in the school of mines, or in the school of agriculture, or in the school of liberal arts, or in any equivalent course that may here- after be prescribed, a diploma of graduation, conferring the proper academic degree, from the Nevada state university; and no diploma bearing the distinctive title, "Nevada State University" shall be issued to any one who has not completed the full course of study as above set forth. Upon the recommendation of the president of the university, the board of regents shall issue to those who worthily complete the full four years' course of study prescribed in the Nevada state normal school, a 98 SCHOOL LAWS OF NEVADA department of the state university, a diploma of graduation, and said diploma shall bear the heading, "The Nevada State Normal School," and to all persons receiving this diploma, the state board of education shall issue a state high-school certificate of the first grade, good for five years. To the holders of the above state high-school certificates of the first grade, the state board of education shall grant a life diploma when said graduates of the Nevada state normal school shall have completed at least five years of successful instruction in the public schools of Nevada, or of any other state. Upon the recommendation of the presi- dent of the university, the board of regents shall issue to those who worthily complete the three years' course of study prescribed in the Nevada state normal school, a grammar-grade diploma of graduation, and said diploma shall bear the heading, "Nevada State Normal School Grammar-Grade Diploma," and to all persons receiving this grammar- grade diploma, the state board of education shall grant a grammar-grade state certificate good for five years. The board of regents may require said normal school graduates, before granting the diplomas herein pro- vided for, to sign the following obligation : " I hereby agree to report to the president of the university, by letter, at least twice a year for three years after my graduation, and once a year thereafter, so long as I con- tinue in the profession of teaching, and when I shall leave the profession I will report the fact to him, with the cause therefor. A failure to make such reports may be considered sufficient cause for the revocation of my diploma." And further, it is hereby expressly provided that the gradu- ates of the Nevada state normal school for the year 1895 shall receive their diplomas and state certificates according to the act of March 19, 1891, hereby amended. Upon the recommendation of the president of the university the board of regents shall issue to those who worthily complete the full course of study in any other department of the univer- sity, not equivalent to a regular university course, a diploma of gradua- tion, but said diploma shall bear the name of the department from which it is issued, and in no case to bear the heading of the regular university diploma. As amended, Revised Laws of Nevada, 1912, 4.64.6. Duty of President of University. SEC. 8. It shall be the duty of the president of the university, to instruct in the university, and, under the direction of the board of regents, to manage all matters connected with the institution, to employ assistant teachers and servants, purchase supplies, and make monthly statements to the board of regents of all receipts and expenditures, sup- ported by vouchers. No Discrimination. SEC. 9. There shall be no discrimination in the admission of pupils on account of sex, race, or color; but no per-eon shall be admitted who is not of good moral character, and who has not arrived at the age of fif- teen years, and passed such an examination as shall be prescribed by the board of regents, and no person under said age shall hereafter be taught in said institution. SEC. 10. Tuition shall be free. SEC. 11. The state superintendent of public instruction must visit the university at least every three months, inquire into its condition and management and report to the board of regents quarter-yearly the con- dition of the institution, with such suggestions as he may deem proper. SCHOOL LAWS OP NEVADA 99 Duties of Board of Examiners. SEC. 12. All expenses incurred, of every name and nature, involving the payment of money by or under the direction of the board of regents of the university, shall be passed upon by the board of examiners as other accounts against the state, and be paid out of the moneys appro- priated for the university. SEC. 13. [Repealing certain laws and sections of laws regarding the university. See Stats. 1887, p. 45.] ORES TO BE ANALYZED AT UNIVERSITY 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. Relating to Chemical Analysis at State University. SECTION 1 . It shall be the duty of the president of the state univer- sity, in addition to his other duties as fixed by law, to cause to be anal- yzed by an assistant, teacher, or teachers employed 'at the state university, any ores, mineral, soil, or water taken from within the boundaries of the State of Nevada, and sent by any citizen of said state for that purpose. Any citizen of the state may send any such'substances and have the same analyzed free of charge, and the result of the same returned to him by mail with as near as possible an explanation of their uses and value in market, and there shall be kept at the state university a book of record open for inspection, under such rules as may be made by the regents, of all mineral, ores, or other matters so sent, with the history of such min- eral or other matters, stating the name of the person or persons from whom received, the district and county from which it came, and all other matters that may be beneficial touching the same. A duplicate of the sample analyzed, as far as practicable, shall be kept at the univer- sity, properly labeled, so as to correspond to the record, and properly preserved . Relating to Analysis in Duplicate. SEC. 2. If the same kind of matter for analysis is sent from the same place it shall not be necessary to analyze the same, but a duplicate of the analysis shall be sent by mail to the person desiring the same. SEC. 3. Samples for analysis shall be analyzed in the order received. Assays for Gold and Silver. SEC. 4. Sample assays for gold or silver shall be made, and when the value per ton exceeds five dollars in gold, the returns shall state the fact thus, "Test for gold." And when the value per ton exceeds five dollars in silver the returns shall state the fact thus, "Test for silver." As amended, Stats. 1897, p. 91. 100 SCHOOL LAWS OF NEVADA HONORARY BOARD OF VISITORS An act creating the honorary board of visitors of the Nevada state university, and other matters relating thereto. Approved March 11, 1895 Board Created Term of Office. SECTION 1. There is hereby created a board to be known as the honor- ary board of visitors of the Nevada state university. Said board shall consist of one member from each county, and, in addition thereto, the chief justice of the supreme court shall be ex officio a member and chair- man of said board. In the absence of the said chief justice the mem- bers of the board may elect one of their own number as temporary chairman. The term of office of the members of said board shall be two years from the date of their appointment, and until their successors are appointed. As amended, Stats. 1913, 158, 159. Governor to Appoint Qualifications for Membership on Board. SEC. 2. The governor shall appoint and commission, within forty days after the passage of this act, from each county, one suitable and discreet person who is interested in higher education and who is an actual resi- dent of said county as a member of said board. Duties of Board. SEC. 3. It shall be the duty of said board of visitors to meet annually at the seat of the Nevada state university during commencement week, and inspect the grounds, buildings, and equipment of said university, and also to inquire into the actual state of the discipline, instruction, police administration, and other affairs or concerns of the university. The board of visitors shall report fhereon to the governor within thirty days after each annual meeting, for the information of the people of the state and of the next succeeding legislature of the state, their action as such visitors, with their views and recommendations concerning the univer- sity, such as they shall deem wise and just and for the best interests of the university. Notice to Board. SEC. 4. The president of the university shall cause at least thirty days' notice to be given to the members of the honorary board of visit- ors of the time and place of their annual meeting. No Compensation. SEC. 5. No compensation shall be made to the members of said board of visitors for their services or for their traveling expenses, but the board of regents shall pay out of the university contingent fund their expenses for board and lodging while at the university. SCHOOL LAWS OF NEVADA 101 PUBLIC MONEYS DEDICATE An act setting aside and appropriating certain moneys for the maintenance and support of the University of Nevada, and defining the powers and duties of the board of regents and of the state controller in relation thereto . fApproved^March 26, 1913. E^aSSJai Certain Public Moneys Dedicated Exclusively to Support of University. SECTION 1 . The interest derived from the investment of all moneys aris- ing from the sale of the 90,000 acres of land granted to the State of Nevada by act of congress approved July 2, 1862; the interest derived from the investment of all moneys arising from the sale of the seventy- two sections of land granted to the State of Nevada by act of congress approved July 4, 1866, for the establishment and maintenance of a uni- versity; all money paid as interest on deferred installments on purchase of lands named in this act which may be sold under contract as provided in section 9 of an act entitled " An act to provide for the selection and sale of lands" etc., approved March 4, 1871; and all money arising from the ad valorem tax on taxable property in the State of Nevada, includ- ing net proceeds of mines and mining claims, for university purposes, is hereby set aside and inviolably appropriated for the support and main- tenance of the University of Nevada, and shall be paid out for the pur- poses designated in the acts creating the several funds without further appropriation. Board of Regents Sole Trustees of Such Funds State Board of Examiners to Pass on all Claims. SEC. 2. The board of regents of said university and agricultural and mechanical college, as provided in section 4 of article 11 of the consti- tution of Nevada, are the sole trustees to receive and disburse all funds of said university and agricultural and mechanical college for the pur- poses provided in section 1 of this act; provided, that all claims, before payment, of every name and nature involving the payment of money by or under the direction of the board of regents from the funds so set aside and appropriated, shall be passed upon by the board of exam- iners. State Controller to Report in Detail to Regents. SEC. 3. It shall be the duty of the state controller to report to the board of regents of said university and agricultural and mechanical col- lege, on or before the last day of each and every month, the detail of all Income received for university purposes from whatsoever source. FISH AND GAME LAWS OF NEVADA Note Figures at beginning of titles refer to corresponding sections of the Revised Laws. MUST BE BEAD IN PUBLIC SCHOOLS AN ACT CONCERNING PUBLIC SCHOOLS. Approved March 20, 1911 3347 Duties of Teachers Children To Be Instructed Relative to Pres- ervation of Birds, Fish, and Game. SECTION 1. It is hereby made the duty of each and every teacher in the public schools of this State to give oral instruction, at least once a month, to all children attending such schools, relative to the preserva- tion of song-birds, fish and game; and to read or cause to be read to such children, at least twice during each school year, the fish and game laws of the State of Nevada. 3348 Teachers to Comply with Provisions of this Act. SEC. 2. No teacher shall be entitled to receive any portion of the public school moneys as compensation for services, unless such teacher shall have complied with the provisions of this Act. SEC. 3. This Act shall take effect and be in force from and after its passage. PRESERVATION OF FISH AN ACT TO PROVIDE FOR THE PRESERVATION OF FISH IN THE WATERS OF THIS STATE, AND MATTERS PROPERLY RELATING THERETO Approved March 14, 1903 2047 Unlawful to Pollute Streams Misdemeanor. SECTION 1. Every person who places or allows to pass, or who places where it can pass or fall into or upon any of the waters of this State at any time, any lime, gas, tar, coculus indicus, slag, acids or other chemi- cal, sawdust, shavings, slabs, edgings, mill or factory refuse, or any sub- stance deleterious to fish, shall be deemed guilty of a misdemeanor, and is punishable by a fine not less than two hundred and fifty nor more than five hundred dollars, or by imprisonment in the county jail in the county in which the conviction shall be had, for not less than one hun- dred and twenty-five or two hundred and fifty days ; provided, that the provisions of this section shall not apply to mills or works for the reduc- 104 SCHOOL LAWS OF NEVADA tion of ores, nor against the owners or operators of such mills or works so far as concerns the operator of such mills or works. Stats. 1903, p. 115. 2043 Misdemeanor in Certain Cases. SEC. 2. All persons, firms, companies, associations, or corporations, who have erected, or who may hereafter erect, any dams, water weirs or other obstructions to the free passage of fish in the rivers, streams, lakes or other waters of the State of Nevada, shall construct and keep in repair fish-ways or fish-ladders at all such dams, water weirs, or other obstruction; so that at all seasons of the year, fish may ascend above such dams, water weirs or other obstructions, to deposit their spawn. Any person or persons, firm, company, association or corporation fail- ing to comply with the provisions of this section after having been notified and required so to do by the proper authority, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than twenty-five days nor more than one one hundred and fifty days. Stats. 1903, p. 115. 2049 Fish-ways and Ladders. SEC. 10. Any person or persons who shall at any time wilfully or knowingly destroy, injure or obstruct any fish-way or fish-ladder, or any person or persons who shall at any time take or catch any fish in any manner within one hundred feet of any dam containing a fish-way or fish-ladder, which is required by law, shall be deemed guilty of [a] misdemeanor, and upon conviction thereof shall be pun- ished as provided in section 11 of this Act. Nothing in this section shall be so construed as to prohibit the taking of fish for spawning or transplanting purposes, by the State Board of Fish Commissioners or other authorized persons. 2050 Punishment for Violation of Certain Sections. SEC. 11. Any person or persons violating the provisions of sections 3, 4, 5, 6, 7, 8, 9 or 10 of this Act shall be deemed guilty of a misde- meanor and upon conviction thereof shall be punished by a fine of not less than twenty nor more than one hundred dollars or by imprisonment in the county jail for not less than ten nor more than fifty days, or by both such fine and imprisonment. See Statutes 1903, p. 117. 2051 Unlawful to Transplant or Transport in Certain Cases. SEC. 12. It shall be unlawful for any person or persons, company, association, or corporation, to at any time transport or offer for trans- portation to any place outside of this State any lake, river, or brook trout or land-locked salmon, which are intended to be offered for sale ; and any person who shall so transport or offer for transportation any lake, river, or brook trout, or land-locked salmon, white fish or wide- mouthed bass which are thereafter offered for sale, or sold at any place outside of this State, or are offered for sale after being transported outside of this State, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than twenty-five nor more than two hundred and fifty days, or by both such fine and imprisonment. SCHOOL LAWS OF NEVADA 105 GAME WARDEN AN ACT TO PREVENT THE UNLAWFUL DESTRUCTION OF FISH AND GAME ; TO PROVIDE FOR THE APPOINTMENT OF FISH AND GAME WARDENS IN THE SEVERAL COUNTIES OF THIS STATE, AND TO DEFINE THEIR DUTIES AND COMPENSATION. Approved March 12, 1901, p. 57 2052 Fish and Game Warden To Be Appointed Warden to File Bond. SECTION 1. It is hereby made the duty of the several Boards of County Commissioners in this State, at their first regular meeting in April, nineteen hundred and one, and annually thereafter, upon the petition of twenty or more resident taxpayers, to appoint a Fish and Game Warden for their respective counties, who shall reside in the county from which he is appointed. Each Warden so appointed, before entering upon the duties of his office, shall take his oath of office, and give an undertaking to the State of Nevada for the use of the respective counties thereof, with two or more sureties, to be approved by the Board of County Commissioners conditionally [conditioned] for the faithful performance of his duties, and in such sum as the County Com- missioners of the several counties may deem sufficient for the faithful performance of the duties of his office and the enforcement of the requirements of this Act. 2053 Warden Can Make Arrests, and Appoint Deputies Responsible for Compensation of Deputies. SEC. 2. Said Warden is hereby empowered [and it shall be his duty] to enforce the state laws and all county and municipal ordinances rela- tive to the protection of fish and game ; and he shall be vested with the power to make arrests for the violation of such laws and ordinances in any county in this State; to appoint a deputy or deputies who shall have power to transact all official business appertaining to said officer, to the same extent as their principal ; provided, that said Warden shall be responsible for the compensation of such deputy or deputies, and shall be responsible on his official bond for all malfeasance or non- feasance of the same. Bonds for the faithful performance of the duties of his official deputy or deputies may be required of said deputy or deputies by .said principal. 2054 To Report Quarterly Can Be Removed. SEC. 3. Said Fish and Game Warden shall report quarterly to the Board of County Commissioners of his county, giving a detailed state- ment of all arrests made, convictions had, fines collected, and gen- erally in regard to the management of his office. Such officers may be removed by the Board of County Commissioners, for intemperance, neglect of duty or other good and sufficient reasons. 2055 Salary of, How Paid Proviso. SEC. 4. The salary of the Fish and Game Wardens shall be fixed by the County Commissioners of the various counties of this State out of the Fish and Game Preservation Fund; provided, that in case of a deficiency in the Fish and Game Preservation Fund, such deficiency 106 SCHOOL LAWS OF NEVADA shall be paid out of the general fund of the various county treasuries. The salary of said Fish and Game Wardens shall not be more than one hundred dollars, nor less than twenty dollars per month. Said Warden shall be allowed a sum not to exceed twenty-five dollars per month for expenses incurred by him in the performance of his duties. As amended, Stats. 1909, p. 327. CLOSED SEASON FOR FISH MAY BE EXTENDED AN ACT GIVING AUTHORITY TO THE BOARDS OF COUNTY COMMISSIONERS OF THE SEVERAL COUNTIES OF THIS STATE TO EXTEND THE CLOSED SEASON FOR FISHING IN STREAMS AND WATERS OF A CERTAIN CLASS, AND PROVIDING FOR THE ENFORCEMENT OF THE SAME. Approved March 16, 1905, p. 192 2056 To Protect Certain Stocked Waters. SECTION 1. The Board of County Commissioners of the several coun- ties of this State, each within its own county, are hereby authorized to extend the closed season for fishing in streams and waters within their county which now are, or hereafter shall have been, stocked with food fishes by others than the State or its Fish Commissioner, or authorized agent, to such periods as may in their opinion be required for the pro- tection of the fish in said stream and waters, to the end that the supply of fish for food may be permanently increased. 2057 Board to Publish Order Provisos. SEC. 2. This Act shall be made effective by an order of the Board of County Commissioners published in a newspaper within the county, which order shall name the stream or streams and waters within the county in which the catching of fish is to be restricted, and shall state the period over which the closed season is to extend ; provided, that no such order shall be effective without such publication for the period of at least one month before the date upon which the order is to take effect ; and further provided, that no such publication shall be made at an expense to the county of more than three dollars. 2058 Misdemeanor Penalty. SEC. 3. Any person who shall violate the provisions of said order of the Board of County Commissioners shall be guilty of a misdemeanor, and shall be fined not to exceed thirty ($30) dollars, or imprisoned in the county jail not to exceed fifteen (15) days, or by both such fine and imprisonment, in the discretion of the court, for each offense. . SCHOOL LAWS OF NEVADA 107 PROTECTION OF FISH AN ACT TO PROVIDE FOR THE PROTECTION AND THE PRESERVATION OF TROUT AND OTHER FISH IN THE WATERS OF THE STATE OF NEVADA AND OTHER MATTERS PERTAINING THERETO, AND TO STATE IN PART WHAT SHALL BE EVIDENCE OF ITS VIOLATION, AND TO PRESCRIBE PENALTIES FOR ITS VIOLATION, AND TO PROVIDE FOR ITS ENFORCE- MENT, AND TO REPEAL ALL ACTS AND PARTS OF ACTS IN CONFLICT HEREWITH. Approved March 15, 1911, p. 61 2059 Closed Season for Fish. SECTION 1. It shall be unlawful for any person or persons, firm, company, or corporation to take, catch, or kill, or to attempt to take, catch or kill, any river trout, lake trout, or brook trout, whitefish, land-locked salmon, royal chinook salmon, or large-mouthed or small- mouthed black bass, in or from any of the streams, lakes, rivers, or other waters of the State of Nevada, between the sixteenth day of October of each year and the thirtieth day of April of the succeeding year, both dates being included. 2060 Unlawful to Sell Fish or Have in Possession During Closed Season. SEC. 2. It shall be unlawful for any person or persons, firm, com- pany, or corporation in the State of Nevada to buy, sell, or offer or expose for sale or to have in his, their, or its possession, any river trout, lake trout, or brook trout, salmon, whitefish, or large-mouthed or small- mouthed black bass taken or caught from any waters of this State within the closed season specified in this Act. 61 Certain Methods of Taking Fish Prohibited. SEC. 3. It shall be unlawful for any person or persons, firm, com- pany, or corporation to take, catch, or kill, or to attempt to take, catch or kill, in or from any stream, lake or river, or any other waters of the State of Nevada, any trout, salmon, whitefish, bass, perch, or any other fish of any species whatever with any seine, net, spear, set-line, set-hooks, grab-hook, trot-line or snag-line, or in the manner known as snagging, or with any weir-fence, trap, giant pow- der, or other explosive, or explosive compound, or with or by means of any bait constituted or prepared in whole or in part of or from the spawn, eggs or ova of trout, salmon, or of any other species of fish what- ever; or with or by any means whatever except with hook and line attached to a rod held in the hands and in the manner known as ang- ling ; that is, with baited hook, fly hook, spoon hook, or other anglers ' lure. 2062 Regulations Concerning Hotels and Dealers. SEC. 4. It shall be unlawful for any person or persons, firm, com- pany, or corporation, cold-storage company, tavern, or hotel keeper, restaurant or eating-house keeper, butcher or market man, in this State to buy, sell, or offer or expose for sale, or to have in his, their, or its possession, any trout, salmon, whitefish, or fish of any species whatever taken from any of the waters of the State of Nevada by or 108 SCHOOL LAWS OF NEVADA with any of the means specified as unlawful in this Act or in any pre- ceding Act. 2063 Fish Less Than Certain Lengths Must Not Be Caught. SEC. 5. It shall be unlawful for any person or persons, firm, com- pany or corporation, to kill, or to retain in his, their, or its possession any lake trout, river trout, land-locked salmon, or royal chinook salmon, taken from the waters of this State less than seven inches in length ; or any large-mouthed or small-mouthed black bass, or Sacramento perch, less than eight inches in length, or any red-spotted eastern brook trout (Salvelinus fontinalis) less than six inches in length. 2064 Transportation Companies Prohibited from Carrying More Than Certain Weight of Fish Proviso. SEC. 6. It shall be unlawful for any person or persons, railroad, railway company or corporation, express company, stage line, trans- portation company, or any common carrier in the State of Nevada to accept or to receive for shipment or for transportation from any one person or in the name of any one firm, company, or association, in any one calendar day, more than ten pounds of trout, land-locked salmon, or royal chinook salmon, or of large-mouthed or small-mouthed black bass, taken or caught in or from any of the waters of the State of Nevada ; provided, that nothing in this section shall be so construed as to prevent the shipment, or receipt or acceptance, of ten trout on one calendar day from any single consignor, and it shall be unlawful for any person or persons, firm, company, association, or corporation, trans- portation company, or common carrier to offer or present or to receive or accept for shipment, carriage or transportation any box, bundle, package, basket, or other container whatsoever in which are enclosed any of the fishes herein specified, unless the box, bundle, basket, pack- age, or other container aforesaid shall be so wrapped, tied, or con- structed that it shall be easily opened for inspection or examination, and unless it shall bear a conspicuous label, easily read, which shall state the contents thereof, together with the name and address of the consignor thereof and the name and address of the consignee; and false statement on the aforesaid label either as to the contents enclosed or as to the true name or address of the consignor thereof or of the consignee shall be construed as a violation of this Act. 2065 Ten Pounds Limit of Catch for One Day; but Ten Fish May Be Taken. SEC. 7. It shall be unlawful for any person or persons, firm, com- pany, or corporation to take, catch, or kill from any of the waters of the State of Nevada or to have in his, their, or its possession on any one calendar day more than ten pounds of trout, or of land-locked salmon, or royal chinook salmon, or large-mouthed or small-mouthed black bass, or Sacramento perch, or whitefish caught in the waters of this State; provided, that nothing in this Act shall be so interpreted as to prevent or to prohibit the taking of ten trout or salmon, or other fish specified in this Act. 2066 Unlawful to Fish Within 100 Feet of Dam. SEC. 8. It shall be unlawful for any person or persons in the State SCHOOL LAWS OP NEVADA 109 of Nevada at any time or season to take, catch, or kill, or to attempt so to take, catch or kill, any lake trout, river trout, brook trout, land- locked salmon, royal chinook salmon, large-mouthed or small-mouthed black bass, Sacramento perch, or any other species of fish whatever, within a distance of one hundred feet above or below any dam in this State containing a fish-way or fish-ladder. 2067 Same Applying to Irrigation Works. SEC. 9. It shall be unlawful for any person or persons, firm, com- pany or corporation in the State of Nevada to take, catch, or kill, or to attempt to take, catch, or kill, any lake trout, river trout, brook trout, land-locked salmon, royal chinook salmon, whitefish, large-mouthed or small-mouthed black bass, Sacramento perch, or any other fish of any species whatever, at any time or season, whatever, within a distance of one mile below any dam of the United States Reclamation Service containing a fish-way or fish-ladder, and lying within the State of Nevada. 2068 Night Fishing Defined and Prohibited. SEC. 10. It shall be unlawful for any person or persons, firm, com- pany or corporation, in the State of Nevada, to take, catch, or kill, or attempt to take, catch or kill, any lake trout, river trout, or brook trout, land-locked salmon, royal chinook salmon, large-mouthed or small- mouthed black bass, Sacramento perch, or any other fish of any species whatever from any of the waters of the State of Nevada, on any cal- endar day after two hours after sunset, and on any calendar day before one hour before sunrise. 2069 Fish Commission and Peace Officers Required to Enforce this Act Reasonable Search Allowed Proviso. SEC. 11. The Fish Commissioners of the State of Nevada, the mem- bers of the Nevada State Police, and every Fish or Game Warden throughout the State, and every Sheriff and Constable in his respective county is and are hereby authorized and required to enforce this Act and to seize any game or fish taken or held in possession in violation of this Act, and he or they shall have full power and authority and it shall be the duty of every such officer with or without a warrant, to open, enter, or examine all camps, wagons, cars, automobiles, stages, tents, packs, warehouses, stores, outhouses, stables, barns, and other places, boxes, barrels, baskets and packages, where he has reason to believe any fish taken or held in violation of any of the provisions of this Act is or are to be found, and to seize the same ; provided, that a dwelling house actually occupied can be entered for examination only in pursuance of a warrant. 2070 Officers May Call for Extra Assistance in Making Arrests. SEC. 12. In case Indians or any other persons in the State of Nevada shall engage in the killing of trout or other fishes in violation of any of the provisions of this Act, and shall be in such numbers as to be beyond the reasonable power of any Fish or Game Warden of the State Fish Commission to control, or in case of forcible resistance to the enforce- ment thereof, it shall be the duty of the Sheriff, or Sheriffs of the county or counties where such violation exists, upon the demand of such 110 SCHOOL LAWS OF NEVADA Commissioners or any Warden to aid him in the enforcement of this Act, and to call to his assistance at once a sufficient number of per- sons to enforce the same promptly and effectually ; or if by him deemed necessary, said Commissioners or said Warden may call such assistance without the intervention of the Sheriff. The failure without good cause of any person or persons to respond and to render such assistance shall be deemed a violation of this Act. 2071 Penalties, What Declared To Be. SEC. 13. Any person or persons, firm, company, or corporation, association, or common carrier in this State who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor; and upon conviction thereof shall be fined in any sum not less than twenty- five dollars, nor more than five hundred dollars, or by imprisonment in the county jail in the county where the conviction is had for any term not exceeding six months, or by both such fine and imprisonment. It shall be no defense in a prosecution for violation of any of the pro- visions of this Act that the trout or other fish in question were taken or killed outside the State of Nevada; nor shall it be any defense in any prosecution for violation of any of the provisions of this act that the trout or fish were taken or killed by one other than he in whose possession said trout or other fish were found. The act of passing a line into or on any of the waters of the State of Nevada, as though in the act of fishing, shall be in itself sufficient evidence of an attempt to take or catch fish within the meaning of this Act. The presence in or on the body in flank, back, or belly of any of the fishes herein specified of deep incised wounds or cuts such as are made by spears, grab-hooks, trout-hooks, or snag-hooks, shall be construed as in itself sufficient evi- dence that the said fish were taken in violation of the provisions of this Act. 2072 Does Not Apply to Private Fish Ponds or Streams. SEC. 14. Nothing in this Act shall be construed as to prohibit the taking of trout or other fish, by the rightful owners thereof or by their agents in any manner, at any season whatever, from the waters of pri- vate ponds by them constructed or maintained for the purpose of rais- ing trout or other fishes ; nor to prohibit the sale of trout or other fishes or of their fry or ova from private hatcheries lying wholly or in part within the State of Nevada. 2073 Fish and Eggs May Be Taken for Scientific Purposes. SEC. 15. Nothing in this Act shall be so construed as to hinder or to prevent or prohibit the taking of trout or of other fishes, or of their fry, eggs or ova, at any time, in any manner or by any means or in any suitable place or location by the Nevada Fish Commission or by their agents or by any one whom they may authorize, for the purposes of breeding or propogation, or of scientific study or investigation. SEC. 16. [Repealing clause.] 2075 Un constitutionality of Any Portion of this Act Not to Affect Other Portions. SEC. 17. If in connection with any prosecution for violation of any of the provisions of this Act, or in any other way, any section of this SCHOOL LAWS OF NEVADA 111 Act shall be hereafter adjudged unconstitutional, or inoperative, or invalid and of no force and effect, then the unconstitutionally, inva- lidity, or inefficiency of said section shall not extend to any other section or sections of this Act which are not so adjudged unconstitutional, inoperative, invalid, or inefficient, nor to the constitutionality, validity, or the force and effect of the entire Act. PRIVATE FISH HATCHERIES AN ACT PROVIDING FOR THE ESTABLISHMENT OF PRIVATE FISH HATCH- ERIES FOR ARTIFICAL PROPAGATION, CULTURE AND MAINTENANCE OF FOOD FISHES, FOR THEIR REGULATION AND LICENSING, AND FOR THE SALE, SHIPMENT, TRANSPORTATION AND DISPOSITION OF FISH RAISED AND PROPAGATED THEREIN OR THEREBY, AND PRESCRIBING A PENALTY FOR THE VIOLATION OF THE PROVISIONS THEREOF. Approved March 20, 1911, p. 279 2076 Private Fish Hatcheries, How Established. SECTION 1. Any person may establish a private fish hatchery for the artificial propagation, culture and maintenance of food fishes ; and any person lawfully conducting any such private fish hatchery, and engaged in the artificial propagation, culture and maintenance of fishes, may take them in his own enclosed waters wherein the same are so cultivated and maintained, at any time and for the purposes herein mentioned and none other. 2077 Products May Be Sold. SEC. 2. The products of such fish hatchery, fish spawn, fry and fish may be sold at any time of the year by such hatchery, or their then vendees, after having first complied with the terms of this Act, and the regulations of the State Fish Commission in relation thereto. 2078 Restrictions Regarding Sales. SEC. 3. No fish, spawn, fry or fish from any private hatchery shall be sold under the terms of this Act unless location and plan of such hatchery be approved by the State Fish Commission, and the same duly licensed as a private hatchery. 2079 County License for Hatchery. SEC. 4. Each private fish hatchery, before it shall be entitled to the benefits of this Act, shall pay to the County Treasurer of the county wherein such hatchery is located, an annual license fee of ten dollars ($10), and such fee shall be credited to the Game and Fish Preserva- tion Fund of such county. 2080 License for Dealers. SEC. 5. Every person, firm, or corporation engaged in the business of buying and selling, packing and preserving, or otherwise dealing in trout or other food fishes, obtained from private hatcheries of this State, shall procure a license for such business from the Fish and Game Warden of the county wherein such selling, packing, and preserving is done, and shall pay an annual license fee of $2.50. 112 SCHOOL LAWS OF NEVADA 2081 Invoice to Go with Every Sale of Fish. SEC. 6. When the proprietor of any licensed fish hatchery shall sell or dispose of any fish as herein provided, he shall at the same time deliver to the purchaser or donee or attach thereto an invoice signed by the proprietor, or his agent, stating the number of his license, and the name of such hatchery, the date of disposition, the kind, and as near as practicable the weight and number of such fish, the name and address of the purchaser, consignee or donee. Such invoice shall authorize transportation and use for six days after this date, and shall be sub- stantially in the following form : STATE OF NEVADA, DEPARTMENT OF FISH COMMISSION Private Hatchery Invoice Name of Hatchery, Number of License, Date, , 191 Kind and number of fish, Weight of same, pounds. Name of Consignee, Address of Consignee, This authorizes transportation within this State, possession and sale for six days after date, if attached to article. By , Proprietor , Agent. Such proprietor or his agent shall at the same time mail, postpaid, or otherwise deliver, a duplicate of such invoice to the County Fish and Game Warden of the county in which such hatchery is located; pro- vided, that no invoice shall be required in case of fish lawfully taken or killed in such private hatchery during the open season therefor, and within the quantity provided by law while in the possession of the per- son killing the same, during the open season and for five days there- after. 2082 Invoice Attached to Shipment. SEC. 7. When any such fish for which an invoice is required is to be shipped by rail, express or other carrier, public or private, the invoice shall be securely attached thereto, or to the package containing the same, in plain sight and the same may then be lawfully carried and delivered within this State to the consignee named in such invoice. If such fish is held, exposed or offered for sale, or sold by the consignee, or kept in any storage, hotel, restaurant, cafe or boarding-house, such invoice shall be kept attached thereto as aforesaid until the same shall have been prepared for consumption. In case of a sale or disposal of a part of such fish, the vendor shall at the same time make a copy of such invoice and indorse thereon the date of sale, the number and kind of fishes disposed of, and the name of the purchaser, and sign and deliver the same to the purchaser, or donee, who shall keep it attached as aforesaid until the fish is prepared for consumption, and the same shall have the same force and effect as the original invoice. 2083 False Invoice Illegal. SEC. 8. Any wilful misstatement in, or any omission of a substan- SCHOOL LAWS OF NEVADA 113 tial requirement from any invoice or copy thereof, shall render the same void and be deemed a violation of this Act, and the possession of such fish shall be unlawful, and the possession of any fish without such invoice or a copy thereof, attached thereto, when so as above required, shall be unlawful. The proprietor of every private hatchery, licensed under the preceding sections, shall, whenever required by the State Fish Commission, make and send to the Commission a report showing as near as practicable the kind and number of the fish added and disposed of during the year preceding, and on hand at the date of the invoice. 2084 Penalty. SEC. 9. Any person or persons, or the agent of any corporation or company, violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than one hundred dollars ($100), nor more than two hun- dred dollars ($200), or by imprisonment in the county jail not exceed- ing one hundred days, or by both such fine and imprisonment. OPEN AND CLOSED SEASONS FOR GAME AN ACT PROVIDING FOR THE PROTECTION AND PRESERVATION OF GAME, AND REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT THERE- WITH. Approved March 24, 1909, p. 213 2085 Protection of Wild Game. SECTION 1. It shall be unlawful for any person or persons, firm, company, corporation, or association, to kill, catch, destroy, wound, snare, trap, injure, or pursue with attempt to kill, capture, or destroy, any bluebird, thrush, mocking bird, oriole, humming bird, robin, mea- dow lark, or any other insectivorous, plume or song-birds within this State. 2086 Imported Birds Protected. SEC. 2. It shall be unlawful for any person or persons, firm, com- pany, corporation or association, to take, kill, wound, trap, net, weir, destroy, injure, or pursue with attempt to take, kill, injure or destroy any pheasants, bob-white quail, partridge, or any other variety of imported game birds within this State. 2^1 Close Season for Sage Birds. SEC. 3. It shall be unlawful for any person or persons, firm, com- pany, corporation, or association, after the 1st day of October and before the 15th day of July of each and every year, to kill, catch, trap, cage, weir, destroy, injure, or pursue with attempt to kill, catch, cap- ture, injure or destroy any sagecock or sagehen within this State. 2088 For Grouse. SEC. 4. It shall be unlawful for any person or persons, firm, com- pany, corporation or association, to kill, catch, destroy, injure, snare, weir, wound, or pursue with attempt to take, kill, injure or destroy, any 114 SCHOOL LAWS OF NEVADA grouse after the fifteenth day of December and before the first day of October of each year, within this State. As amended, Stats. 1913, 409. SEC. 4!/2. It shall be unlawful for any person or persons, firm, com- pany, corporation or association, to kill, catch, destroy, injure, snare, weir, wound, or pursue with attempt to take, kill, injure or destroy, any mountain quail after the first day of January and before the first day of October of each year, within this State. Added by Stats. 1913, 409. 2089 For Ducks, Geese, Etc. SEC. 5. It shall be unlawful for any person or persons, firm, com- pany, corporation or association, at any time after March 15 and before September 15 of each and every year, to kill, catch, net, cage, pound, weir, trap or pursue with intent to catch, capture, injure or destroy, any wild duck, sandhill crane, plover, curlew, snipe, woodcock, swan or wild goose within this State ; provided, however, that the Board of County. Commissioners of any county in this State, may upon receipt of a peti- tion signed by twenty-five residents of the county, by an order made and entered upon their minutes, declare the season for that year for any of the birds named in this section, to be open from the first day of Sep- tember. As amended, Stats. 1913, 102. 2090 Valley Quail. SEC. 6. It shall be unlawful for any person or persons, firm, com- pany, corporation or association, at any time after the 15th day of January, and before the 15th day of October of each and every year, to kill, catch, trap, cage, net, weir, pound, destroy or pursue with attempt to catch, capture, injure or destroy, any valley quail within this State. 2091 Nests and Eggs Protected Exception. SEC. 7. It shall be unlawful at any and all times of the year for any person or persons, firm, company, corporation, or association, to disturb or destroy the nest of, or to take or remove from any nest of any wild fowl or game bird mentioned in this Act, any egg or eggs of such wild fowl or game bird, or to have in their possession, or to sell or to offer for sale or exchange, except for scientific purposes, or for the purpose of propagation, any such eggs or nests, within this State. 2092 Number Taken Limited. SEC. 8. Nothing in this Act shall be construed to prohibit any person from selling game killed by himself, but it shall be unlawful for any person or persons, firm, company, corporation or association, to pur- chase such game for the purpose of barter or sale, and it shall also be unlawful for any person to kill or have in his possession a greater num- ber than twenty ducks, fifteen mountain quail, ten sage birds, six grouse, fifteen valley quail, five plover, ten geese, three swan or fifteen snipe in any one day, within this State. Part of the above section relating to sale of game repealed by Stats. 1913, p. 366. See page 24 of this pamphlet. 2093 Open Season for Deer and Antelope. SEC. 9. It shall be unlawful for any person or persons, firm, com- pany, corporation, or association, after the 15th day of November and before the 15th day of October of each and every year, to kill, catch, SCHOOL LAWS OB NEVADA 115 trap, wound or pursue, with an attempt to catch, capture or destroy, any deer or antelope; provided, that the limit for deer and antelope shall be two in any one open season or year ; and provided further, it shall be unlawful to kill, catch, trap, wound or pursue with attempt to catch, injure, kill or destroy any antelope [,] doe or female deer or spotted fawn at any time. And it shall be unlawful for any person to kill, catch, trap, wound or pursue any mountain sheep or mountain goat at any time before the first day of January ^ 1920. As amended, Stats. 1913, 410. 2094 Number of Deer Limited to Two. SEC. 10. It shall be unlawful in this State for any person or persons to have in their possession any deer or antelope from and after Novem- ber 1st of each year and until September 15th of the year next succeed- ing, and it shall be unlawful for any person or persons to sell or offer for sale or to trade or barter or offer to trade or barter any number of deer or antelope in excess of two during the time intervening between the 15th day of September and the 1st day of November of any year. 2095 Unlawful to Have Game in Possession During Close Season Proviso. SEC. 11. It shall be unlawful for any person or persons, firm, com- pany, corporation or association, to have in his or their possession, or to sell, buy, transport, or give away, or offer or expose for sale, or pur- chase from any person whomsoever, either Indian or other person, any of the birds, animals, or wild game mentioned in this Act during the season within the killing, injuring, pursuing, trapping, pounding, weir- ing, caging, selling, buying, transporting, giving away, offering or exposing for sale, or having in his or their possession is herein pro- hibited ; provided, however, that nothing in this Act shall be so con- strued as to prohibit any resident person or persons, firm, company, corporation, or association from taking (upon a written permit from the State Board of Game and Fish Commissioners) any bird, animal, or fowl or the nest or eggs of any bird or fowl for the purpose of propa- gation or domestication or for scientific purposes. 2096 Catch LimitedNight Fishing Prohibited. SEC. 12. Catch of trout or black bass not to exceed twenty (20) fish in any one day by any one person. Night fishing or night hunt- ing prohibited. Fishing season March 30 to September 15. [This section not covered by title, and probably repealed by sec. 2065, Rev. Laws, except as to "night hunting."] 2097 Penalties Ignorance No Defense. SEC. 13. Any person or persons, firm, company, corporation or asso- ciation, or common carrier, violating any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five (25) dollars, nor more than five hundred (500) dollars, or imprisoned in the county jail in the county where the conviction is had for any term not exceeding six months, or by both such fine and imprisonment. It shall be no defense in the prosecution for the violation of any of the provisions of this Act, that the animals or birds were taken or killed outside of the State of Nevada ; nor shall it be any defense in the prosecution for the violation 116 SCHOOL X/AWS OF NEVADA of any of the provisions of this Act that the animals or birds were taken or killed by one other than he in whose possession said animals or birds were found; nor shall it be any defense in the prosecution for the violation of any of the provisions of this Act that the person did not know that hunting was not allowed upon the premises on which he was trespassing. 2098; County Commissioners to Pass Ordinance, When Ordinance Published. SEC. 14. It shall be the duty of the Board of County Commission- ers of any county within this State, when petitioned by fifty taxpayers within their county, for the protection of any variety of birds, fowls or animals, to draw and pass an ordinance protecting such birds, fowls or animals for the length of time as prayed for in the petition, or to change or shift the open season on said birds, fowls or animals, but not to increase the length of said open season, and to fix a penalty for the violation of said ordinance; said penalty to be in conformity with section 13 of this Act. When said ordinance is properly drawn and signed by the chairman of the Board of County Commissioners it shall be published in the county for a period of four issues, and posted in three public places in the county, one of which shall be in front of the courthouse, and thereafter it shall be in full force and effect. As amended, Stats. 1913, 410. 2099 Repeal Transportation Companies Liable. SEC. 15. All Acts and parts of Acts in conflict with this Act are hereby repealed. Every railroad company, express company, transpor- tation company or other common carrier, their officers, agents and serv- ants, and every other person who shall transport, carry, or take out of the State, or who shall receive for the purpose of transporting, or carry- ing from this State, any deer, buck, doe or fawn, or any mountain sheep or antelope, or any quail, sage chicken, prairie chicken, grouse, wild ducks, or goose, or any other bird or animal mentioned in this Act, shall be guilty of a misdemeanor. 2100 Beaver. SEC. 16. It shall be unlawful for any person or persons, firm, com- pany, corporation or association, to catch, kill, destroy, trap, net, weir or cage any beaver within this State before the first day of April, A. D. 1920. Stats. 1909, p. 212. LICENSES AN ACT TO REGULATE AND LICENSE THE HUNTING OF GAME BIRDS AND ANIMALS AND THE TAKING OR CATCHING OF FISH. AND TO PROVIDE REVENUE THEREFROM FOR GAME AND FISH PRESERVATION AND PROTECTION, AND TO PRESCRIBE A PENALTY FOR THE VIOLATION THEREOF, AND TO MAKE AN APPROPRIATION FOR THE PURPOSE OF CARRYING OUT OF THE OBJECTS OF THIS ACT. Approved February 26, 1909, p. 38 2101 Hunters Must Procure License. SECTION 1. Every person in the State of Nevada, who hunts, pur- sues or kills any of the wild birds or animals, or who takes or catches SCHOOL LAWS OF NEVADA 117 any of the fishes that are protected by the laws of this State, without first procuring a license therefor, as provided in this Act, is guilty of a misdemeanor. 2102 Clerk to Issue License. SEC. 2. Licenses granting the privilege to hunt, pursue or kill wild birds or animals, or to take or catch fish during the open season as fixed by law, shall be issued and delivered, upon application, by the County Clerk of any of the counties of this State, or by the Fish and Game Warden of any of the counties of this State, which license shall have stamped thereon the words "Hunting License No , State of Nevada. Expires February 28, 19 ," with the registration number and appro- priate year stamped therein. Said licenses shall be prepared and fur- nished to the County Clerk by the Board of County Commissioners, which board shall take receipt therefor by number and quantity from the County Clerk, and the County Clerk shall be responsible therefor and shall account for the same to the Auditor of said county every three months after receipt thereof. 2103 Cost of License. SEC. 3. The license herein provided for shall be issued as follows : First To any citizen of the United States who is a bona fide resi- dent of the State of Nevada, upon the payment of one dollar. Second To any citizen of the United States, riot a bona fide resident of the State of Nevada, upon the payment of ten dollars. Third To any person not a citizen of the United States, upon the payment of twenty-five dollars ; Provided, that a license for fishing only and good for but thirty days shall be issued to any applicant therefor upon the payment of two dollars. It shall be unlawful at all times to kill, injure or maim any mountain sheep, or mountain goat until January 1, 1920. As amended, Stats. 1913, 382. 2104 Applicant Must Give Certain Facts. SEC. 4. Every person applying for and procuring a license as herein provided, shall give to the County Clerk his name and resident address, which information shall be by the Clerk or board entered in a book kept for that purpose, and provided by said Board of County Commis- sioners, together with a statement of the date of issuance, the number of license issued to such person and description of such person, by age, height, race, and color of the eyes and hair. 2105 Licenses Valid, When. SEC. 5. All licenses issued as herein provided shall be valid, and shall authorize the person to whom issued, to hunt, pursue and kill game birds and animals and to take or catch fish during the open season fixed therefor by law, on and from the first day of March, 1909, until the date of expiration stamped thereon, but no license shall con- tinue in force for a period longer than one year. 2106 Licenses Credited to Game and Fisli Preservation Fund. SEC. 6. All moneys collected for licenses as provided herein, shall be paid into the county treasury to the credit of the Game and Fish Pres- 118 SCHOOL LAWS OF NEVADA ervation Fund, which fund is hereby created, and the moneys in said fund shall be applied to the payment of the expenses incurred in the prosecution of offenders, and for the revenue to pay Fish and Game Wardens and deputies when necessary to hire Deputy Fish and Game Warden or Wardens. 2107 Only One License Not Transferable. SEC. 7. Not more than one license shall be issued to any one person for the same fiscal year, except upon an affidavit by the applicant that the one issued has been lost or destroyed, and no license issued as herein provided shall be transferable or used by any other person than the one to whom it was issued. 2108 Must Exhibit License. SEC. 8. Everj^ person having a license as provided herein, who while hunting or fishing refuses to exhibit such license upon the demand of any officer authorized to enforce the fish and game laws of the State, or any other peace officer of the State, shall be guilty of a misdemeanor, and every person lawfully having said license, who transfers or dis- poses of the same to another person to be used as a hunting or fishing license, shall forfeit the same. 2109 Penalty. SEC. 9. Every person violating any of the provisions of this Act shall, upon conviction thereof, be punished by a fine of not less than $10, nor more than $100, or by imprisonment in the county jail for a term of not less than five, nor more than fifty days, or by both such fine and imprisonment. 2110 County Money Appropriated to Carry Out Provisions of Act. SEC. 10. There is hereby appropriated out of any moneys in the county treasury, not otherwise appropriated, the sum of seventy-five dollars for the purpose of carrying out the provisions of this Act, to be used by the Board of County Commissioners for the printing and bind- ing of suitable books and blanks required herein, and for the purchase of metal licenses. The County Auditor is hereby directed to draw his warrant for said amount in favor of said Board of County Commission- ers at such times and in such amounts as may be needed from time to time, and the Treasurer is hereby directed to pay the same. 2111 Exception Women and Boys. SEC. 11. The provisions of this Act shall not apply to any person who, on his own land, during the open season, hunts, pursues or kills any of the wild birds or animals, or takes or catches any of the fish pro- tected by the laws of this State, nor to women or to boys under fourteen years of age. 2112 License Procured in Home County Valid Anywhere in State. SEC. 12. The license herein provided for shall be procured from the county of which the applicant is a resident, and may be used in any county in the State of Nevada. Nonresidents of the State may pro- cure a license in any county. SCHOOL LAWS OF NEVADA 119 SHIPMENT OF GAME PROHIBITED AN ACT TO PREVENT THE SHIPMENT OF WILD GAME FROM THIS STATE. Approved February 16, 1899, p. 21 2113 Penalty. SECTION 1. Every railroad company, express company, transporta- tion company, or other common carrier, their officers, agents and serv- ants, and every other person who shall transport, carry or take out of this State, or who shall receive for the purpose of transporting from the State, any deer, buck, doe or fawn or any mountain sheep or ante- lope, or any quail, sage chicken, prairie chicken, grouse, dove, wild duck or goose, except for purposes of propagation, shall be guilty of a mis- demeanor. Any person found guilty of a violation of any of the pro- visions of this section, shall be fined in a sum of not less than twenty ($20) dollars nor more than five hundred ($500) dollars or be impris- oned in the county jail not less than ten nor more than ninety days or by both such fine and imprisonment. FISH LAWS AN ACT TO PROVIDE FOR THE APPOINTMENT OF A BOARD OF FISH COM- MISSIONERS AND TO DEFINE THEIR DUTIES. Approved March 16, 1905, p. 264 4482 Governor May Appoint Fish Commissioners Duties. SECTION 1. The Governor of this State is hereby authorized and empowered to appoint three suitable persons to be styled "Fish Com- missioners," whose .duty shall be to establish fish hatcheries, in localities suitable to their hatching, upon such of the waters of this State as, in their judgment, shall be most available for the purpose of stocking and supplying the streams and lakes of this State with both foreign and native fish ; and for such purpose, may take the ova or spawn from fish now inhabiting the waters of the State ; and may purchase and import from other States and countries spawn or ova of valuable fish, suitable for food, and may introduce the same, .when obtained, into such rivers, streams and lakes as they may deem suited to the habits and successful culture of such fish. They may also employ persons who are skilful and expert in the science of fish breeding, and may superintend and direct the construction of fish-ways and fish-ladders that may be built in the streams and waters of this State. The Commissioners may, in their discretion, distribute the ova or spawn to be procured by them to such person or persons as have proper lakes, ponds or streams for the propagation and breeding of fish, and who will, without expense to the State, take charge of such breeding and propagation. 4483 Term of Office Expenses, How Paid Report. SEC. 2. Such Commissioners shall hold their respective offices for the term of four years, unless some other person shall be appointed to fill the vacancy occasioned by death, resignation or inability to attend to the duties required. The Commissioners authorized to" be appointed by this Act shall receive no compensation for their services. The neces- *20 SCHOOL LAWS OF NEVADA sary expenses incidental to procuring and distributing the ova or spawn or fish, in the employment of fish breeders, and in carrying out the pro- visions of this Act, shall be paid from any moneys that may be appro- priated by the Legislature, upon accounts or vouchers to be approved by the State Board of Examiners. The Commissioners shall report bien- nially to the Governor an account of their transactions under this Act, and make an exhibit of their expenditure of money under its provisions. AN ACT TO PROVIDE FOR THE ACQUISITION, CONSTRUCTION, ESTABLISH- MENT AND MAINTENANCE OF A STATE FISH HATCHERY, AND TO APPROPRLVTE MONEY THEREFOR. Approved February 5, 1909 4484 State Fish Hatchery Commissioners to Provide. SECTION 1. The State Board of Fish Commissioners is hereby auth- orized and directed to acquire, construct and establish a state fish hatchery at such point and in such locality within this State as to them shall be best adapted for that purpose, said hatchery, when acquired and established, to be maintained and conducted by the State, under the direction and control of the State Board of Fish Commissioners. 4485 Idem Appropriation Claims, How Paid. SEC. 2. For the purpose of complying with and carrying out the provisions of this Act, the sum of five thousand dollars is hereby appro- priated out of any moneys in the general fund of the State Treasury not otherwise specifically appropriated, to be expended under the direction of the State Board of Fish Commissioners; and the State Controller is hereby directed to draw his warrant for said amount in favor of the State Board of Fish Commissioners, at such times, and in such amounts as may be approved by the State Board of Examiners, and the State Treasurer is hereby directed to pay the same. AN ACT TO PROVIDE FOR THE PROTECTION AND PRESERVATION OF TROUT AND OTHER FISH IN THE WATERS OF THE STATE OF NEVADA AND OTHER MATTERS PERTAINING THERETO, AND TO STATE IN PART WHAT SHALL BE EVIDENCE OF ITS VIOLATION, AND TO PRESCRIBE PENALTIES FOR ITS VIOLATION, AND TO PROVIDE FOR ITS ENFORCE- MENT, AND TO REPEAL ALL ACTS AND PARTS OF ACTS IN CONFLICT HEREWITH. Approved March 26, 1913 Truckee River Divided Into Two Districts. SECTION 1. For the purposes to be specified within this Act, all the waters of the Truckee River, including its tributaries and the waters to which it is tributary, lying within the boundaries of the State of Nevada, shall be divided into two distinct and separate districts or sub- divisions, said districts or subdivisions to be known and specified in the provisions of this Act as Truckee River District No. 1 and Truckee River District No. 2. SCHOOL LAWS OF NEVADA 121 District No. 1. SEC. 2. Truckee River District No. 1 shall consist of all the waters of the Truckee River, together with its tributaries lying west of the point commonly known and designated as the government dam in the vicinity of Derby and extending to the boundary line of the State of Nevada, and the State of California. District No. 2. SEC. 3. Truckee River District No. 2 shall consist of all the waters of the Truckee River and the waters to which it is tributary, lying east of the point commonly known and designated as the government dam in the vicinity of Derby. Fish Laws for First District. SEC. 4. It shall be unlawful for any person, or persons, firm, com- pany, or corporation, to take, catch or kill, or attempt to take, catch or kill, any river trout, lake trout, or brook trout, whitefish, or land- locked salmon, royal chinook salmon, or large-mouthed or small- mouthed black bass, in or from any, excepting the waters of Truckee River District No. 2, of the streams, lakes, rivers or other waters of the State of Nevada, between the sixteenth (16th) day of October of each year and the thirtieth (30th) day of April of the succeeding year, both dates being included. Fish Laws for Second District. SEC. 5. It shall be unlawful for any person, persons, firm, company, or corporation, to take, catch, or kill, or to attempt to take, catch or kill, any river trout, lake trout, or brook trout, whitefish, land-locked sal- mon, royal chinook salmon, or large-mouthed or small-mouthed black bass, in or from any of the waters of the Truckee River District No. 2, between the sixteenth (16th) day of February of each year, and the thirtieth (30th) day of the following April, both dates included. Fish To Be Taken Only With Hook and Line. SEC. 6. It shall be unlawful for any person or persons, firm, com- pany or corporation to take, catch, or kill, or to attempt to take, catch, or kill, in or from any stream, lake or river, or any other waters of the State of Nevada, any trout, salmon or whitefish, bass, perch, or any other fish of any species whatever with any seine, net, spear, set-line, set-hooks, grab-hook, trot-line or snag-line, or in any manner known as snagging, or with any weir-fence, trap, giant powder or any other explosive, or explosive compound, or with or by means of any bait con- stituted or prepared in whole or in part of or from the spawn, eggs, or ova of trout, salmon or of any other species of fish whatever, or with or by any means whatever except with hook and line attached to a rod held in the hands and in the manner known as angling ; that is, with baited hook, fly hook, spoon hook, or other angler's lure. Unlawful to Catch Fish Under Certain Lengths. SEC. 7. It shall be unlawful for any person or persons, firm, com- pany or corporation, to kill or to retain in his, their, or its possession any lake trout, river trout, land-locked salmon or royal chinook salmon taken from the waters of this State less than seven inches in length; or any large-mouthed or small-mouthed black bass, less than eight 122 SCHOOL LAWS OF NEVADA inches in length, or any red-spotted eastern brook trout (Salvelinus fontinalis) less than six inches in length. Regulation of Transportation Companies. SEC. 8. It shall be unlawful for any person or persons, railroad, rail- way company or corporation, express company, stage line, transporta- tion company, or any common carrier in the State of Nevada, to accept or to receive for shipment or for transportation from any one person or in the name of any one firm, company, or association, in any one calendar day, more than ten pounds of trout, land-locked salmon, or royal chinook salmon, or of large-mouthed or small-mouthed black bass, taken or caught in or from any of the waters of the State of Nevada ; provided, that nothing in this section shall be so construed as to prevent the shipment, or receipt or acceptance of ten trout on one calendar day from any single consignor, and it shall be unlawful for any person, per- sons, firm, company, association, or corporation, transportation com- pany, or common carrier, to offer or present or to receive or accept for shipment, carriage, or transportation, any box, bundle, package, basket, or other container, whatsoever, in which are enclosed any of the fishes herein specified unless the box, bundle, basket, package or other container aforesaid shall be so wrapped, tied or constructed that it shall be easily opened for inspection or examination and unless it shall bear a conspicuous label, easily read, which shall state the contents thereof, together with the name and address of the consignor thereof, and the name and address of the consignee; and false state- ment on the aforesaid label, either as to contents enclosed, or as to the true name or address of the consignor thereof or of the consignee, shall be construed as a violation of this Act. Ten Pounds of Certain Fish the Limit. SEC. 9. It shall be unlawful for any person or persons, firm, com- pany, or corporation, to take, catch, or kill from any of the waters of the State of Nevada or to have in his, their or its possession, on any one calendar day, more than ten pounds of trout, or of land-locked salmon, or royal chinook salmon, or large-mouthed or small mouthed black bass, or whitefish caught in the waters of this State ; provided, that nothing in this Act shall be so interpreted as to prevent or to prohibit the tak- ing of ten trout, or salmon, or other fish specified in this Act. Certain Fishing Prohibited Within 100 Feet of Fish-way. SEC. 10. It shall be unlawful for any person or persons in the State of Nevada, at any time, or season, to take, catch, or kill or to attempt so to take, catch, or kill, any lake trout, river trout, brook trout, land- locked salmon, royal chinook salmon, large-mouthed, or small-mouthed black bass, or any other species of fish, whatever, within the distance of one hundred feet above or below any dam, in this State containing a fish-way or fish-ladder. Certain Fishing Prohibited Within One Mile of United States Dam. SEC. 11. It shall be unlawful for any person or persons, firm, com- pan}-, or corporation in the State of Nevada, to take, catch, or kill, or to attempt to take, catch, or kill, any lake trout, river trout, brook trout, land-locked salmon, royal chinook salmon, whitefish, large-mouthed or SCHOOL LAWS OF NEVADA 123 small-mouthed black bass, or any other fish of any species whatever, at any time or season, whatever, within a distance of one mile below any dam of the United States Reclamation Service containing a fish-way or fish-ladder and lying within the State of Nevada. Night Fishing Prohibited. SEC. 12. It shall be unlawful for any person or persons, firm, com- pany or corporation in the State of Nevada, to take, catch, or kill, or attempt to take catch or kill, any lake trout, river trout, or brook trout, land-locked salmon, royal chinook salmon, large-mouthed or small- mouthed black bass, or any other fish, or any species whatever from any of the waters of the State of Nevada, on any calendar day after two hours after sunset, and on any calendar day before one hour before sunrise. Peace Officers to Enforce Act May Enter and Inspect Premises, Etc. SEC. 13. The members of the Nevada State Police, and every Fish or Game Warden, throughout the State, and every Sheriff and Con- stable, in his respective county, is and are hereby authorized and required to enforce this Act and to seize any game or fish, taken or held in possession in violation of this Act, and he or they shall have full power and authority, and it shall be the duty of every such officer with or without a warrant, to open, enter, or examine all camps, wagons, cars, automobiles, stages, tents, packs, warehouses, stores, outhouses, stables, barns, and other places, boxes, barrels, baskets, and packages, where he has reason to believe any fish taken or held in violation of any of the provisions of this Act is or are to be found, and to seize the same ; pro- vided, that a dwelling-house actually occupied can be entered for exam- ination only in pursuance of a warrant. Aid of Citizens May Be Invoked, When. SEC. 14. In case Indians or any other persons in the State of Nevada shall engage in the killing of trout or other fishes in violation of any of the provisions of this Act, and shall be in such numbers as to be beyond the reasonable power of any Fish or Game Warden to control, or in case of forcible resistance to the enforcement thereof, it shall be the duty of the Sheriffs of the county or counties where such violation exists, upon the demand of any Warden, to aid him in the enforcement of this Act, and call to his assistance at once a sufficient number of persons to enforce the same promptly and effectually ; or if by him deemed neces- sary, said Warden may call such assistance without the intervention of the Sheriff. The failure without good cause of any person or persons to respond and to render such assistance shall be deemed a violation of this Act. Penalties for Violation What Constitutes Violation. SEC. 15. Any person or persons, firm, company, or corporation, asso- ciation, or common carrier in this State who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty- five dollars, nor more than five hundred dollars, or by imprisonment in the county jail in the county where the conviction is had for any term not exceeding six months or by both such fine and imprisonment. It shall be no defense in a prosecution for violation of any of the pro- 124 SCHOOL LAWS OF NEVADA visions of this Act, that the trout or other fish in question were taken or killed outside the State of Nevada ; nor shall it be any defense, in any prosecution for violation of any of the provisions of this Act, that the trout or fish were taken or killed by one other than he in whose posses- sion said trout or other fish were found. The act of passing a line into or on any of the waters of the State of Nevada, as though in the act of fishing, shall be in itself sufficient evidence of an attempt to take or to catch fish within the meaning of this Act. The presence in or on the body, in flank, back or belly, of any of the fishes herein specified, of deep incised wounds, or cuts, such as are made by spears, grab-hooks, trout-hooks, or snag-hooks, shall be construed as in itself sufficient evi- dence that the said fish were taken in violation of the provisions of this Act. Certain Exemptions. SEC. 16. Nothing in this Act shall be so construed as to prohibit the taking of trout, or other fish, by the rightful owners thereof or by their agents in any number, at any season whatever, from the waters of private ponds by them constructed or maintained for the purpose of raising trout or other fishes or of their fry or ova, from private hatcher- ies lying wholly or in part within the State of Nevada. May Be Taken for Breeding or Scientific Purposes. SEC. 17. Nothing in this Act shall be so construed as to hinder or to prevent or prohibit the taking of trout or of other fishes, or their fry, eggs or ova, at any time, in any manner or by any means, or in any suitable place or location by the Nevada Fish Commission or by their agents or by any one whom they may authorize for the purpose of breed- ing or propagation, or of 'scientific study or investigation. Repeal. SEC. 18. All Acts and parts of Acts in conflict with any of the pro- visions of this Act are hereby repealed. All Sections of This Act Declared Independent. SEC. 19. If in connection with any prosecution for violation of any of the provisions of this Act, or in any other way any section of this Act shall be hereafter adjudged unconstitutional, or inoperative, or invalid, and of no force and effect, then the unconstitutionality, invali- dity, or inefficiency of said section shall not extend to any other section or sections of this Act, which are not so adjudged unconstitutional, inoperative, invalid, or inefficient, nor to the constitutional validity, or the force and effect of the entire Act. AN ACT TO PROHIBIT THE PURCHASE OR SALE OF GAME BIRDS AND ANIMALS. Approved March 25, 1913 Sale of Game Birds Prohibited. SECTION 1. Every person who buys, sells, or offers to sell, or exposes for sale, barter or trade, any wild duck, wild goose, partridge, quail, SCHOOL LAWS OF NEVADA 125 grouse, pheasant, sagehen, rail, ibis, plover, or any variety of snipe, or shore bird, meadow lark, or robin, shall be guilty of a misdemeanor. Same for Deer and Antelope. SEC. 2. Every person who buys or sells, or offers for sale, or trade or barter, any deer meat or antelope meat, is guilty of a misdemeanor. Penalties. SEC. 3. Every person violating any of the provisions of this Act shall, upon conviction thereof, be punished by a fine of not less than ten ($10) dollars nor more than one hundred ($100) dollars, or by imprisonment in the county jail for a term of not less than five nor more than fifty days, or by both such fine and imprisonment. POLLUTION OF STREAMS AN ACT CONCERNING CRIMES AND PUNISHMENTS, AND REPEALING CER- TAIN ACTS IN RELATION THERETO Approved March 17, 1911 6547 Prohibiting Pollution of Waters Penalty. SECTION 1. Any person or persons, firm, company, corporation or association in this State, or the managing agent of any person or per- sons, firm, company, corporation or association in this State, or any duly elected, appointed or lawfully created state officer of this State, or any duly elected, appointed or lawfully created officer of any county, city, town, municipality, or municipal government in this State, who shall deposit, or who shall permit or allow any person or persons in their employ or under their control, management or direction to deposit in any of the waters of the lakes, rivers, streams and ditches in this state, any sawdust, rubbish, filth, or poisonous or deleterious substance or substances, liable to affect the health of persons, fish, or live stock, or place or deposit any such deleterious substance or substances in any place where the same may be washed or infiltered into any of the waters herein named, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not less than fifty dollars, nor more than five hun- dred dollars, exclusive of court costs; provided, that in cases of state institutions, municipalities, towns, incorporated towns or cities, when, owing to the magnitude of the work, immediate correction of the evil is impracticable, then in such cases the authorities shall adopt all new work, and as rapidly as possible reconstruct the old system of drain- age sewerage so as to conform with the provisions of this Act ; and pro- vided further, that all such new reconstructed systems shall be com- pleted before January 1, 1916 ; provided, that nothing in this Act shall be so construed as to permit mining or milling companies to dump tailings directly into any stream in this State so as to prevent or impede the natural flow of such streams. Nothing in this Act shall be so construed as to apply to any quartz mill or ore reduction works in this State. As amended, Stats. 1913, p. 405. 6811 American Eagle Unlawful to Kill. SECTION 1. It shall be unlawful for any person or persons, firm, 126 SCHOOL LAWS OF NEVADA company, corporation or association to kill, destroy, wound, trap, injure, keep in captivity, or in any other manner to catch or capture, or to pursue with such intent the bird known as the American eagle, or to take, injure, or destroy the nest or eggs of said before-mentioned bird. Any person or persons, firm, company, corporation or associa- tion violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine in any sum not less than twenty-five dollars, nor more than two hundred dollars, or imprisonment in the county jail for any term not exceeding six months, or both. 6812 Song, Plume and Insectivorous Birds Not To Be Killed. SECTION 1. Every person who shall kill, or destroy the eggs of any wild canary, wren, linnet, thrush, robin, bluebird, oriole, humming- bird, meadow lark, snowbird, or other song, plume or insectivorous bird, is guilty of a misdemeanor. This section shall not apply to English sparrows, the killing of which is authorized, or to any bird for the killing of which an open season is provided by the game laws of this State. 6813 Idem Prosecution Duty of Officers. SEC. 2. It shall be the duty of the Sheriff and his deputies, Con- stable and his deputies, District Attorney and all other peace officers in this State, upon receiving information from any person, that any provisions of the next preceding section have been violated, to imme- diately institute proceedings in the proper court against the person or persons thus complained of, and prosecute the same with reasonable diligence to final judgment, and any peace officer refusing to make complaint or institute proceedings as herein provided, shall be guilty of a misdemeanor in office, and fined in any sum not exceeding twenty five dollars. APPENDIX TRANSFER OF CHILDREN An act to provide for the transfer of children from one school district to an adjoining school district in the same county, and other matters properly related thereto. Approved March 24, 1913, 305 Transfer of Pupils and School Funds Proviso. SECTION 1. Any board of school trustees is authorized and empow- ered to make arrangements with the board of school trustees of an adjoining district in the same county for the attendance of children in either district that may be most convenient for such children, whenever the parent or parents, guardian or guardians of said children shall pre- sent a written request therefor to the school board of the district in which such children reside, accompanied by a written permit from the school board of the district in which said children desire to attend. And whenever the two boards of trustees in interest shall agree upon the transfer of said children, and notice thereof shall be given to the superintendent of public instruction by either of said school boards, said superintendent shall direct the county auditor and the county treasurer of the county in which such districts are situated to transfer from the funds of the district in which such children live to the credit of the funds of the district in which they are attending, the pro rata of state and county moneys apportioned to each child in the county for each of such children as shown by the last preceding semiannual apportion- ment; provided, that such moneys shall be transferred but twice each year, first at about the middle of any year of attendance, and again at the close; and such transfer shall cover only those in attendance during the period for which the transfer of moneys is made. Superintendent of Public Instruction to Settle Disputes. SEC. 2. In case of disagreement as to the transfer of children as pro- vided for in section 1 of this act, the superintendent of public instruc- tion shall, on request of the parties named in section 1 of this act, make due inquiry in the premises; and if said officer is satisfied that the school board of the adjoining district is willing to receive such children and that such children ought to have the privilege of attending in said district, he may decide that they may so attend, and he shall direct the county auditor and the county treasurer to make the transfer of school moneys in the manner provided in section 1 of this act. Repeal. SEC. 3. All acts or parts of acts in conflict herewith are hereby repealed . 128 SCHOOL LAWS OF NEVADA BOUNDARIES OF SCHOOL DISTRICTS An act authorizing the county commissioners of the various counties to reestab- lish the boundaries of school districts, and road districts in their respective counties. Approved March 24, 1913, 306 County Commissioners to Reestablish Boundaries of Indefinite Road or School Distrists. SECTION 1. The county commissioners of any county in the state are hereby authorized to reestablish the boundaries of any school district or road district within the county whenever they shall deem the boundary of such school district or road district indistinct or indefinite as such boundary appears upon the records of the county commissioners. To Conform to United States Surveys, SEC. 2. Whenever the county commissioners shall reestablish the boundaries of school districts or road districts in accordance with this act, they shall make the new boundaries that they shall set forth for such school districts or road districts conform to the legal land surveys of the United States government so far as is possible. New Boundaries to Include Same Property as Old Districts Proviso. SEC. 3. Whenever the county commissioners shall reestablish the boundaries of school districts or road districts in accordance with this act they shall arrange the new boundaries so that all properties and resi- dences that were in the school districts or road districts previous to the reestablishment of boundaries for such school districts or road districts under this act shall be within the new boundaries that the commissioners may establish under this act ; provided, that whenever the heads of fami- lies and taxpayers of any school district shall present a petition signed by at least three-fifths of such heads of families and taxpayers to the county commissioners praying that the boundaries of such school district shall be determined in accordance with their petition, the county com- missioners shall, when reestablishing such boundaries, make the new boundaries conform as nearly as possible to the boundary described in the aforesaid petition. Commissioners to Use Discretion, SEC. 4. Whenever the county commissioners shall decide that the boundaries of any school district or road district is so indefinite upon the records of the county as to make it impossible to decide in which school district or road district certain properties or residences may be located, they shall proceed to establish the new boundaries for such school district or road district as they shall deem best and for the welfare of the county. No Property to Escape Taxation. SEC. 5. Nothing in this act shall be construed so as to release an; property from taxation for any bond issue that the property shall hav( been subject to previous to any new establishment of boundaries of an] school district in accordance with this act. Repeal. SEC. 6. All acts or parts of acts in conflict with this act are hereby repealed. INDEX TO SCHOOL LAWS In the following index p. stands for page, s. for section, and small-cap p. for paragraph. Act construed, p. 68, s. 220. Acts repealed, p. 68-70, s. 221. Amendment ta Constitution Proposed To invest school funds in farm mort- gages, p. 93. Appeal. See Superintendent of Public Instruction. Apportionment. See Funds, School. Arbor day. See General Provisions. Attorney-General Legal adviser of deputy superintend- ents, p. 39, s. 116. Legal adviser of state board of invest- ment, Stats. 1913, p. 252, s. 1. Legal adviser of superintendent of pub- lic instruction, Rev. Laws, s. 4130. Member of state board of investment, Stats. 1913, p. 252, s. 1. Shall bring action for text-book com- mission, when, p. 54, s. 166. Board of Regents of State University. See Constitutional Provisions and Uni- versity of Nevada. Bonds, county high school. See County High School Bonds, School District Amount to be determined by board of school trustees, p. 61, s. 192. Election to be held for issuance, p. 61- 64. s. 192-201. Election notice for must contain, p. 61, s. 193. Election for, how conducted, p. 61, s. 193. Issued for what purposes, p. 61, 64, s. 191, 200. Issuance of to be determined by voters of district, p. 61, s. 192. Maturity of limited to twenty years, p. 61, s. 193. Registration of, p. 62, s. 196. Sale of, p. 62, s. 194. Signing of, p. 64, s. 195. Sinking fund for payment of to be created, p. 62, s. 197. Security of not affected by changes in boundaries of district, p. 63, 64, s. 198, 202. Tax for to be levied by county com- missioners, p. 62, s. 197. Tax levy for, lien on property, p. 64, s. 199. To be called in by county treasurer and paid at maturity, p. 62, s. 197. Census Marshals, p. 41-44, s. 122-133. Appointed how and when, eligibility, p. 41, s. 122. Appointment of special, for regular cen- sus, p. 43, s. 131. Appointment of special, in new dis- tricts, p. 33, 35, s. 80. 92. Blanks for, p. 41, s. 123. Classification of districts for, p. 41, s. 122. Census Marshals (Continued). Compensation of Amount (maximum) of, determined by statute, p. 44, s. 133. Bill not to be paid until deputy sup- erintendent has approved report, p. 44, s. 133. ill Bill to be made out against county, p. 44, s. 133. Bill to be paid by county, p. 44, s. 133. No compensation, when, p. 41, s. 122. Duties of Shall distinguish resident children from nonresident, p. 42, s. 124. Shall enumerate all resident chil- dren, p. 42, s. 124. Shall report to clerk of school board and deputy superintendent, p. 43, s. 128, 129. Shall take school census in month of April, p. 42, s. 124. Shall visit each home and may ad- minister oath, p. 42, s. 125. Report of Penalty for negligence of or fraud in, p. 44, s. 132. To be certified to and transmitted to deputy superintendent, p. 43, s. 128. To be completed, p. 43, s. 129. To be examined and corrected by deputy superintendent, p. 43, s. 130. To be examined by clerk of school board, p. 43, s. 128. To be separately made for joint dis- tricts, p. 43, s. 127. To contain what, p. 42, s. 126. Shall report to county clerk in gen- eral election years certain facts, Rev. Laws, s. 3981. Special census marshal for regular census, p. 43, s. 131. Special census to be taken in new dis- tricts, p. 33, 35, s. 80, 92. Teacher ex officio census marshal, when, p. 41, s. 122. To serve without pay in districts of second class, p. 41, s. 122. Child Labor Law Boys under 16 years, hours per day, p. 87, s. 8. Children under 14 years, p. 86, s. 4. Children under 16 years, p. 86, s. 3. Forbidden callings for certain children, p. 86, s. 2. 3, 5, 6. Girls under 18 years, hours per day, p. 87, s. 8. No child under 14 years to labor dur- ing school hours, p. 85, s. 1. Penalties for violation of, p. 87, s. 9. Persons under 18 years in incorporated cities and towns, p. 86, s. 3. State board of health to decide on inju- rious callings, p. 86. s. 6. 130 INDEX TO SCHOOL LAWS Child Labor Law (Continued). Supt. of public instruction to makej demand, when, p. 86, s. 4. City Superintendent Office created for districts of first class, p. 31, s. 76. Powers and duties of, p. 28, P. 15, s. 67 ; p. 31, s. 74, 76. Qualifications of, p. 31, s. 76. Term of office of, p. 31, s. 76. To administer certain oaths, p. 28, P. 15, s. 67. Classification of funds. See General Provisions. Compulsory Attendance Attendance in government schools, p. 94, s. 1. Fine or imprisonment, p. 95, s. 4. Fines to go to county school fund, p. 95, s. 5. Government school officers to give notice, p. 94, s. 2. Jurisdiction, p. 95, s. 8. Peace officers to assist, p. 95, s. 6. Punishment for intimidation, p. 95, s. 7. Suit for collection of fine, p. 94, s. 3. Compulsory Education Arrest of truant, p. 65, s. 207. Attendance officer may be appointed by school board, p. 65, s. 207. Attendance officer or school officer may investigate, p. 66, s. 209. Children between ages of 8 and 16 years must attend school, p. 64, s. 203. Excused from attendance, p. 64, s. 203. Child declared habitual truant, p. 65, s. 204. Child deemed truant, p. 65, s. 204. Fines collected, how disposed of, p. 67, s. 211. Habitual truants may be put in spe- cial schools, p. 66, s, 208. Punishment for encouraging truancy, 1 p. 66, s. 209. Punishment for false statements con-, cerning age, p. 66, s. 210. Punishment of parent of truant, p. 65,1 s. 205. School officer, peace officer or attend- \ ance officer may arrest, p. 65, s. 207.; School officer or taxpayer may file criminal complaint, p. 65, s. 206. School trustees authorized to provide! specially for habitual truants, p. 66,! s 208. School trustees, clerk shall file com-! plaint, p. 65, s. 206. School trustees may appoint and remove attendance officer, p. 65, s. 207. School trustees shall direct attendance officer to make complaint, p. 65, s. 206. School trustee to make investigation, p. 65, s. 206. See Contributory Dependency and De- linquency, and Dependent, Neglected or Delinquent Children. Truancy defined, p. 65, s. 204. ^ Truancy, habitual, p. 65, s. 204. Constitutional Provisions Education to be encouraged, p. 5, s. 1. I Irreducible school fund Apportionment of interest on, p. 5, s.' 2,3. Constitutional Provisions (Continued). Escheated estates, appropriated to, p. 5, s. 3. Fines appropriated to, p. 5, s. 3. How created, p. 5, s. 3. Interest on only apportioned to schools, p. 6, s. 3. Interest on certain portions of may be used for university, p. 6, s. 8. Interest on forfeited by school dis- tricts, p. 5, s. 2. Investment of, p. 5, s. 3. Lands (public) and funds dedicated to support of education, p. 5, s. 3. Land warrants considered as belong- ing to, p. 5, s. 3. Moneys and property of shall not be transferred, p. 5, s. 3. Legislature and education Shall establish different grades of schools, p. 6, s. 5. Shall establish normal school, p. 6, s. 5. Shall establish state university, p. 6, s. 4. Shall provide special state school tax for university and common schools, p. 6, s. 6. Shall provide uniform school system, p. 5, s. 2. No funds for sectarian purposes, p. 7, s. 10. Normal school, p. 6, s. 5. Oath of office College professors must take, p. 6, s. 5. Public school teachers must take, p. 6, s. 5. Penalty for district not maintaining school six months, when, p. 5, s. 2. Sectarian instruction prohibited, p. 7, s. 9. Six months of school to be maintained, p. 5, s. 2. State university established, p. 6, s. 4. University regents provided for, p. 6, s. 7. Women may serve as school trustees, Rev. Laws, s. 371. Contributory delinquency and contributory delinquency, Rev. Laws. s. 757-764. See Compulsory Education, and De- pendent, Neglected or Delinquent Children. County Auditor Shall add county school tax to assess- ment roll, p. 45, s. 139. Shall add special taxes to assessment roll, p. 27, P. 13, s. 67 ; p. 46, s. 141. Shall draw warrants on county treas- urer for official organ of state boai " of education, p. 9, s. 4. Shall draw warrant on order of depul superintendent, p. 26, P. 6, s. 67; p. 27, P. 8, s. 67 ; p. 28, P. 14, s. 67. Shall forfeit $100 from official compen- sation, p. 40, s. 119. Shall keep separate accounts with dif- ferent funds, p. 39, s. 118. Shall not draw warrant, p. 13, P. 1, 2, s. 12: p. 26, P. 2, s. 67; p. 30, 32, s. 69/78. Shall receive no fees for handling school moneys, p. 48, s. 150. Shall report to superintendent of public instruction, p. 50, s. INDEX TO SCHOOL LAWS 131 County Auditor (Continued). Shall transfer moneys when notified by deputy superintendent, p. 34, s. 88. County Boards of Education Are vested with same powers as school trustees, p. 31, s, 75. County commissioners temporary board p. 58, s. 177. Election of, p. 58, s. 178. Powers and duties of To certify as to buildings needed, p 87, s. 1. To employ and discharge janitors etc., p. 58, s. 179. To employ teachers holding Nevada high-school certificates, p. 58, s. 179. To enforce state courses of study, p. 58, s. 179. To estimate money needed for new buildings, p. 87, s. 1. To furnish annual estimate, p. 58, s. 179. To pay salary and other expenses, p 59, s. 180. To provide for dormitories and din- ing hall, p. 59, s. 184. To take office, when, p. 58, s. 178. Term of office of, p. 58, s. 178. Vacancies in filled by appointment, p. 58, s. 178. County Commissioners Shall abolish school districts, p. 36, s. 97. Shall act as temporary county board of education, p. 57, s. 177. Shall act on applications of deaf, dumb, and blind, p. 80, s. 2; Rev. Laws, s. 1703. Shall act on application for feeble- minded, p. 81, s. 2. Shall appropriate money for county in- stitute, p. 11, P. 7, s. 6. Shall change boundaries of school dis- tricts, p. 32, s. 77. Shall control, rent, etc., property of abolished school districts, p. 36, s. 99. Shall create joint school districts, p. 33, s. 81. Shall create new school districts, p. 32, s. 77. Shall enlarge or consolidate school dis- tricts, p. 34, s. 87. Shall establish two county high schools, p. 57, s. 175. Shall join in action to establish county normal training school, p. 59, s. 185. Shall levy county school tax, p. 45, s. Shall levy special tax for payment of interest-bearing warrants, p. 78, s. 5. Shall levy state school tax, p. 44, s. 135. Shall locate county high school, p. 57, s. 175. Shall make annual levy for county high school, p. 59, s. 180. Shall make certain provisions for deaf, dumb and blind, p. 81, s. 4 ; Rev. Laws, s. 1704. Shall make levy for high-school bonds and interest, p. 89, s. 6. Shall make levy for school district tax, when, p. 28, P. 13, s. 67; p. 45, s. 140, 141. Shall make levy for special bond tax, p. 62, s. 197. County Commissioners (Continued). Shall make special tax levy for county high school, p. 58, s. 176. Shall not allow census marshal's bill, p. 44, s. 133. Shall not transfer school funds, Rev. Laws, s. 1540. Shall order election on request of county board of education, p. 88, s. 2. Shall provide certain funds for county normal training school, p. 61, P. 3, s. 189. Shall transfer money to school funds, when, p. 73, s. 1, 2. Shall submit question of establishing county high school to voters, p. 56, s. 174. Shall support children sent to state orphans' home, p. 80, s. 13 ; Rev. Laws, s. 4099. County High Schools Bonding for, p. 87-90, s. 1-10. Interest limit, p. 88, s. 6. Limitations on, p. 89, s. 7. Time limit for redemption, p. 88, 89, s. 3, 6. Control and management in hands of county boards of education, p. 56-59. County boards of education for At first temporary, p. 58, s. 177. County commissioners To estimate cost of grounds, build- ings, etc., p. 57, s 175. To levy county tax for grounds, build- ings, etc., p. 58, s. 176. Dormitories and dining halls, p. 59, s. 184. Bonding for, p. 87-90, s. 1-10. Election for building, p. 88, s. 2. Election to establish, p. 56, s. 173. Ballots for, to contain what, p. 56, s. 174. Officers of to serve gratis, p. 56, s. 174. Petition for, p. 56, s. 174. Eligibility of pupils for, how deter- mined, p. 59, s. 181. In case levy by county commissioners is deferred, p. 58, s. 176. Location of Ballot for location to contain what, p. 57, s. 175. By election, when, p. 57, s. 175. By commissioners, p. 57, s. 175. By election, when, p. 57, s. 175. Money for support of To be drawn from the county high- school fund, p. 59, s. 180. Principals of may supervise district schools, p. 59, s. 182. Pupils for, p. 59, s. 181. State board of education has charge of entrance requirements for, p. 59, s. 181. Tax levy for Special, how made and when, p. 58, s. 176. To be made annually by county com- missioners, p. 59, s. 180. To be made on estimate of county board of education, p. 59, s. 180. Temporary board for, p. 58, s. 177. Under state supervision, p. 59, s. 183. 132 INDEX TO SCHOOL LAWS County Normal Training Schools Establishment of Action by county board of education and county commissioners required for, p. 60, s. 185. Action by state board of education necessary for, p. 59, s. 185. At least five bona fide applicants for instruction required for, p. 59, s. 185. County commissioners to provide cer- tain funds for, p. 60, s. 189. Graduates to receive second-grade ele- mentary certificate, p. 60, s. 188. Normal training school board is state board of education, p. 60, s. 186. Powers and duties of normal training school board To admit resident students on exami- nation, p. 60, s. 187. To admit without examination cer- tain resident students, p. 66, s. 187. To certify cost of maintenance to county commissioners, p. 61, s. 189. To certify to state controller estab- lishment of normal training school, etc., p. 60, s. 189. To designate in notice to state con- troller amount needed for salary of teacher, p. 60, s. 189. To determine qualifications of stu- dents for admission, p. 60, s. 187. To employ competent teacher, p. 60, s. 189. To estimate cost of maintenance of school, p. 61, s. 189. To formulate a course of study, p. 60, s. 187. To grant certificates of graduation, p. 60, s. 187. To make and put into effect neces- sary rules and regulations for man- agement of school, p. 60, s. 190, Purpose of, p. 60, s. 185. Restrictions as to counties, p. 60, s. 185. Salary of teacher to be paid from gen eral fund of state, in usual manner, p. 60, P. 2, s. 189. County money may be transferred to dis- trict school funds, when, p. 73, s. 1, 2. County Treasurer Duty as to interest on school bonds, p. 63, 89, s. 197, 6. Shall keep separate accounts with dif- ferent funds, p. 39, s. 118. Shall receive and hold school moneys as a special deposit, p. 48, s. 149. Shall transfer moneys when notified by deputy superintendent, p. 34. s. 88. To call in and pay district bonds at maturity, p. 62, s. 197. To forfeit $100 as penalty, p. 40, 48, s 119,149. To notify superintendent of public in- struction as to county school money p. 48, s. 149. To pay over money only on warrants ol county auditor, p. 48, s. 149. To receive no fees for handling schoo moneys, p. 48, s. 150. To refuse payment of claims, when, p 48, s. 149. To report to superintendent of public instruction, when, p. 48, s. 149. IDeaf, Dumb and Blind Application for support and education, how made, p. 80, s. 2. Appropriation for, Stats. 1913, p. 186, s. 64. Certificate of superintendent of public instruction necessary, p. 80, s. 2. Expenses of Persons over 21 years of age, p. 81, s. 4. Portion of paid by county commis- sioners, p. 81, s. 4. Qualifications of for state aid, p. 81, s. 4. Support, education and care of in charge of superintendent of public instruction, p. 80, s. 1. Support of provided by state, p. 81, s. 4. Delinquent Children. See Juvenile De- linquents. Dependent. Neglected or Delinquent Chil- dren, Rev. Laws, s. 728-756. Probation officers Appointed by district judges, Rev. Laws, s. 733. Appointment of requires concurrence of certain officers. Rev. Laws. s. 733. Appointment to be confirmed by gov- ernor, superintendent of public in- struction and deputy superintend- ent, when. Rev. Laws. s. 733. See Contributory Dependency and Delinquency, and Compulsory Edu- cation. Deputy Superintendents of Public Instruc- tion Appeal from, p. 40, s. 121. Appointment and term of office of, p. 1* s. 9. Attorney-general legal adviser of, p. s. 116. Compensation of Office expenses of, p. 14, s. 13. Salary of, p. 14. s. 13. Traveling expenses of, p. 14, s. 13. County superintendent, office abolished, p. 12, s. 7. Duties of To act as deputy examiner, p. 13, s. 11 To act as educational examiner, 13. s. 11. To advise with teachers, p. 13, s. 1! To assist at state district and count institutes, p. 13, s. 11. To assist state board of education preparing courses of study, p. s. 11. To attend meetings of state board education, p. 13, s. 11. To confer with trustees and count officers, p. 13, s. 11. To devote entire time to supervise p. 12. s. 9. To furnish state board of educatioi information, p. 13, s. 11. To hold teachers' meetings, p.lS.s.l' To inspect school buildings, librark and apparatus, p. 13. s. 11. To make written report quarterly superintendent of public instruc tion, p. 12. P. 12, s. 6. To visit each school at least twi< each year, p. 13, s. 11. INDEX TO SCHOOL LAWS 133 Deputy Superintendents (Continued). 1'owers and duties of, p. 13-16, s. 12-21. May issue temporary certificates, when, p. 15, 19, s. 17, 34. May suspend teachers' certificates, when, p. 13, 14, 40, s. 12, 120. Shall cause district school levy to be made, when, p. 28, P. 13, s. 67. Shall cause needed repairs to be made to school buildings, when, p. 27, p. 8, s. 67. Shall cause privies to be built, when, p. 27, P. 6, s. 67. Shall certify certain facts to school board clerks, p. 28, P. 13, s. 67. Shall designate place for school in certain consolidated districts, p. 32, s. 78. Shall designate places for holding school in consolidated districts, p. 35, s. 89. Shall see that school is maintained six months, p. 28, P. 13, s. 67. Shall see that school is maintained eight months, when, p. 28, P. 14, s. 67. To act on appointment of probation officer by district judge, when, Rev. Laws, s. 733. To appoint census marshals, when, p. 41, s. 122. To appoint school trustees, when, p. 14, P. 8, s. 12 ; p. 25, 34, s. 64, 89. To appoint special census marshal, when, p. 43, s. 131. To approve transfer of school chil- dren, p. 29, P. 20, s. 67. See Trans- fer of Pupils and School Funds, p. 127, s. 1, 2. To determine suspension or expulsion of children, when, p. 29, P. 18, s. 67. To enforce method of school board accounts, p. 14, P. 5, s. 12. To examine, compare and revise cen- sus marshal's report, p. 43, s. 130. To file directory of teachers and school trustees with county auditor, p. 13, P. 1, s. 12. To grade the public schools, when, p. 14, P. 7, s. 12. To inspect record books and accounts of school boards, p. 14, P. 5, s. 12. To inspect school fund accounts of county auditor and report thereon, p. 14, p. 6, s. 12. To investigate claim against any school fund, when, p. 13, P. 2, s. 12. To notify county commissioners of approval of census reports, p. 44, s. 133. To provide American flag, when, p. 38, s. 113. Qualifications of, p. 12, 13, s. 9. 10. Removal from office, when, p. 14, s. 16. Rules and regulations for, p. 14, s. 15. Salary, office and traveling expenses of, See Compensation of. Vacancy, how filled, p. 13, s. 9. District Attorney Legal adviser of school boards, p. 38, s. 115. To cause arrest and prosecution in con- nection with the school census, when, p. 44, s. 132. District Attorney (Continued). To enforce law against houses of ill- fame, p. 68, s. 219. District High School- Annual estimate for, p. 75, s. 5. Application of act restricted, p. 75. s. 10. County commissioners to make annual levy for, p. 75, s. 6. Established, how, p. 74, s. 1, 2. Fund for from county tax, p. 75, s. 6. Governed by school trustees and state board of education, p. 74, 75, s. 3, 5. 6, 7. Principal of may supervise schools of district, p. 75, s. 8. Pupils admitted, how, p. 75, s. 7. Subject to school laws, etc., p. 75, s. 9. Subject to state supervision, p. 75, s. 9. Supported, how, p. 75, s. 4. Trustees to provide building, p. 74, s. 3. Divers school funds, p. 90, 91, 92, 93. Educational districts, five supervisions, p. 12, s. 8. Elementary and high schools. See Gen- eral Provisions. Emergency school fund. See Funds, School. Escheated Estates For state permanent school fund, p. 90, 91, s. 5, 12, 259. Estray animals, proceeds of sale for county school fund, Rev. Laws. 2281. Exemptions from jury duty. See General Provisions. Exemptions of school property. See Gen- eral Provisions. Feeble-minded Children Appropriation for, p. 82, s. 4. How cared for, p. 81, 82, s. 1, 2, 3, 4. Fines, all to go into state permanent school fund, Rev. Laws, s. 3760. Fish and Game Laws, p. 103-126. Teachers must give instructions in monthly, p. 37, s. 108. Teachers not to receive public money as penalty, when. p. 37, s. 109. Flag, national, p. 38, s. 113. Flag of Nevada. See General Provisions. Free Text-Books Erroneous reference to, p. 30, after P. 20, s. 67. See, instead, Transfer of Pupils and School Funds, p. 127, s. 1, 2. Free Text-Book Act, p. 76, 77, s. 1-10. Books loaned to children, p. 76, s. 2. Books may be sold, p. 76, s. 6. Books property of district, p. 76, s. 2. Former act repealed, p. 77, s. 9. Parents and guardians responsible for, p. 76, s. 3. Teachers' desk books property of dis- tricts, p. 76, s. 5. Trustees to pay over money to county treasurer, p. 77, s. 7. Violation of act, penalty for, p. 77, s. 8. Funds, School. See Divers School Funds. Apportionment of For county, p. 49, s. 152. For emergency, p. 35, s. 94. For state, p. 44, 48, s. 136, 151. In consolidated districts, p. 34, s. 88. In joint districts, p. 33, s. 82. Restriction as to county school, in certain districts, p. 32, s. 79. 134 INDEX TO SCHOOL LAWS Funds, School (Continued). Restriction as to state school, in cer- tain districts, p. 32, s. 79. County County treasurer to receive and pay out, p. 48, s. 149. Created, p. 48, s. 149. Estray animals, proceeds of sale to go into, Rev. Laws, s. 2281. Road funds may be applied to, when, Rev. Laws, s. 3012. To have 2 per cent of net profits from any county or municipal franchise, Rev. Laws, s. 2135. To receive fees from grazing, Rev. Laws, s. 3478. Unlawful stock, proceeds of sale of to go into, Rev. Laws, s. 2251. Use of, p. 46, s. 142. County high Estimates for, p. 57, s. 175. Custodian of, p. 58, 59, s. 176, 180. Expenditure of, p. 58, s. 179. Tax levy for, p. 58, 59. s. 176. 189. Uses of, p. 58, 59, s. 176, 180. District library How apportioned, p. 51, s. 153. How determined, p. 51, s. 154. How expended, p. 51, s. 155. Emergency Action creating, p. 35, s. 90. Amount of semiannually set aside, p. 35, s. 90. Amount to district, when, p. 35, s.93. Basis of distribution of, p. 35, s. 93. But one apportionment of, p. 35, s. 94. How used, p. 35, s. 91. Transfer of to county treasurer, p. 35, s. 95. Unused balance to revert, p. 36, s. 96. Normal training school Set aside, p. 60, s. 189. Use of, p. 60, s. 189. Reversion not to apply to moneys de- rived from local sources, p. 50, s. 152 %. Reversion of district school surplus, p. 50, s. 152i/ 2 . Shall not be transferred, Rev. Laws, s. 1540. State distributive County treasurer to receive and pay out, p. 48, s. 149. Created, p. 44, s. 136. How transferred to counties, p. 47, s. 146. Method of apportionment of, p. 48, s. 151. Salary of superintendent of public in- struction paid out of, Rev. Laws, s. 3758. To be used only for payment of teach- er's salaries, p. 45, s. 137. To receive one-half surplus from state library fund. Rev. Laws, s. 3952. Toll roads, penalties on go into, Rev. Laws, s. 3758. State permanent Created, Rev. Laws, s. 355. Custodian of securities for, p. 47, s. 145. Fines under compulsory education for, p. 67, s. 211. Funds, School (Continued). Investment of, Stats. 1913, p. 252-3. Investment of, p. 47, s. 148. Printing expenses of state land office to be paid out of state school fund, when, Rev. Laws, s. 4356- 4359. Report on securities of state by state controller, p. 47, s. 144. Salaries authorized paid from Deputy surveyor - general, Rev. Laws, s. 4398. Stenographer in state land office, Rev. Laws, s. 4401. Surveyor-general, Rev. Laws, s. 4394. State controller to keep separate account of, p. 47, s. 143. Transfer of funds restricted to ap- portionments for children, p. 127, s. 1. General Provisions Appeal to superintendent of public in- struction, when, p. 40, s. 121. Decision of superintendent of public instruction on, final, p. 40, s. 121. Arbor day to be designated each year by the governor, p. 37, s, 110. To be observed by appropriate exer- cises, p. 37, s. 110, 111. Birds, fish and game, instruction as to, p. 37, s. 108, 109. Classification of funds County auditors and county treasur- ers must keep separate accounts with, p. 39, 40, s. 118. How such accounts are to be started and kept, p. 39, 40, s. 118. Penalty for failure of auditor or treasurer to comply, p. 40, s. 119. Flag of Nevada, p. 38, s. 114. Holidays Schools shall be kept open on, when, p. 38, s. 112. Shall not be kept open on, when, p. 38, s. 112. Hygiene to be taught, p. 37, s. 107. Jury duty Teachers and college professors exempt from, when, p. 39, s. 117. Legal advisers Attorney-general, p. 39, s. 116. District attorney, p. 38, s. 115. Penalty on teachers for nonfulfilment of contract, p. 40, s. 120. Public school defined, p. 36, s. 101. Elementary schools, p. 36. s. 102. High schools, p. 36, s. 102. Physiology and hygiene to be taught, p. 37. s. 107. Salary proviso, p. 37, s. 104. Sectarian literature prohibited, p. 37, s. 105. Schools not to be closed on election days, when, p. 38, s. 112. School property exempt from taxation or execution, p. 37, s. 106. School month, p. 37, s. 104. School year. p. 37. s. 103. Governor of State Member of state board of education, p. 9, s. 1. Member of state board of investment. Stats. 1913, p. 252, s. 1. INDEX TO SCHOOL LAWS 135 Governor of State (Continued). Member of state text-book commission, p. 52, s. 158. President of state board of education, p. 9, s. 2. President of text-book commission, p. 52, s. 159. To act on appointment of probation officer by district judge, when, Rev. Laws, s. 733. To act with superintendent of public in- struction in making contracts for care of delinquents, when, Rev. Laws, s. 756. To appoint text-book commission, p. 52, s. 158. To appoint board of visitors for Univer- sity of Nevada, p. 100, s. 2. To designate Arbor day by proclama- tion, p. 37, s. 110. To fill vacancies in state text-book com- mission, p. 52, s. 158. Grazing fees, 10 per cent of apportioned to county school fund, Rev. Laws. s. 3478. Holidays. See General Provisions. Hospital near schoolhouse unlawful, Rev. Laws. s. 6534. Houses of Ill-Fame Must not be located where, p. 67, s. 217: Rev. Laws, s, 6510. Penalty on, p. 68, s. 218. Sheriff and district attorney to enforce penalty, p. 68, s. 219. Interest-Bearing School Warrants Amount of limited, p. 78, s. 4. How endorsed, p. 77, s. 2. Issued, how. when, p. 77, s. 1, 2. Must be paid w r ithin three years, p. 78, s. 5. Order of payment of, p. 77, s. 3. Preliminaries as to issue, p. 78, s. 5. Tax levy for payment of, p. 78, s. 5. Irreducible school fund. See Constitu- tional Provisions. State board of investment for, Stats. 1913. p. 252, s. 1. Jury duty. See General Provisions. Juvenile court law. See Dependent, Neg- lected or Delinquent Children. Juvenile Delinquents Nevada school of industry for, p. 82-85, s. 1-15. Special state tax for, p. 85, s. 15. Legal advisers of school officers. See Con- stitutional Provisions. Legislature and education. See Constitu tional Provisions. Libraries. District School Amount of money for, how determined, p. 51, s. 153, 154. Apportionment of money to, p. 5, s. 153. Books to be approved by superintendent of public instruction, p. 51, s. 155. Books for, to be purchased by, p. 51, s. 156. Money for, how expended, p. 51, s. 155. Rules and regulations for purchase of books, etc., p. 51, s. 157. Libraries, Free Public Act to establish, Rev. Laws, 3227-3231, 794. Cities may establish, p. 61, s. 794. Claims against, how paid, s. 3230. Libraries, Free Public (Continued). Commissioners to levy tax for, s. 3230. Free, rooms to be. s. 3231. Petition to establish, s. 3227. State board of education to appoint trustees, s. 3228. Tax levy for, limited, s. 3227. Trustees of, term, no compensation, s. 3228. Trustees, powers of. s. 3229. Life diplomas. See Teachers' Certificates. Misdemeanor to disturb school or inter- fere with school children. See Protec- tion of School Children. Normal school. See Constitutional Pro- visions, and University of Nevada. Oath of office for college professors and teachers. See Constitutional Provisions. Oath of office, when term of office begins, bond, Rev. Laws. s. 2786. Orphans' home. See State Orphans' Home. Penalty for teachers for nonfulfilment of contract. See General Provisions. Physiology and hygiene. See General Pro- visions. President of University Member of state board of education, p. 9, s. 1. Member of state board of investment. Stats. 1913, p. 252, s. 1. Member of state text-book commission. p. 52, s. 158. See University of Nevada. Principal of Schools Has concurrent power with peace offi- cers, when, p. 30, s. 72. May be vested with certain powers, when, p. 31, s. 74. Must hold certificate of highest grade taught, p. 27, P. 11, s. 67. See School Trustees, Teachers, and Teachers' Certificates. Protection of School Children Misdemeanor to disturb school, p. 67, s. 213. Misdemeanor to intefere with pupils, when, p. 67, s. 212. Penalty for interference or disturbance, p. 67. s. 214. Protection of School Property Misdemeanor to injure or deface, p. 67, s. 215. Penalty, p. 67, s. 216. Property, school, in charge of school trus- tees. See School Trustees. Public schools defined. See General Pro- visions. Records or documents, penalty for alter- ing, defacing, forging or stealing, Rev. Laws, s. 2817. Regents. See Constitutional Provisions, and University of Nevada. Resignation and vacancies, Rev. Laws, s. 2797-2799, 2801-2806, 2812. Schools and election days. See General Provisions. School books, determined for elementary grades by text-book commission, p. 53, s. 163. See Text-Book Commission. School Districts Bonds of. See Bonds, School Districts. 136 INDEX TO SCHOOL LAWS School Districts (Continued). Boundaries of Commissioners to reestablish, when, p. 128, s. 1. Commissioners to use judgment, p. 128, s. 4. New, to include same property as old district, p. 128, s. 3. propert 128, s. 5. Petition of heads of families and tax- payers, p. 128, s. 3. To conform to U. S. surveys, p. 128, s. 2. Classes of, p. 31, s. 76. Consolidation of Allowable to enlarge or consolidate in certain cases, p. 34, s. 87. Compulsory in certain cases, p. 32, s. 78. Disposition of funds and property of, p. 32, 34, s. 78, 88. Deputy superintendent to appoint first trustees for, p. 32, 35, s. 78, 89. To designate place for holding school in, p. 32, s. 78. To designate places to hold school, p. 35, s. 89. How accomplished, p. 34, s. 87. Property and funds of, how disposed of, p. 34, s. 88. Each town, village or city to constitute one district, p. 31, s. 75. First class may have city superintend- ent, p. 31, s. 76. Joint school districts Apportionment of funds for, p. 33, s. 82. Dissolved, when, p. 34, s. 86. Established, when and how, p. 33, s. 81. Expenses, how paid, p. 34, s. 85. Formed of parts of two counties, p. 33, s. 81. Superintendent of public instruction to appoint first trustees for, p. 33, s. 81. New districts But one district, when, p. 32, s. 78. By whom created, p. 32, s. 77. How created, p. 32, s. 77. How district may get in line for regu- lar apportionment of school funds, p. 35, s. 94. Petition for must be made, p. 32, s. 77. Petition for should show, p. 32, s. 77. Shall receive part of funds of old dis- trict, when, p. 33, s. 80. Size of limited, p. 32, s. 77. When school in must be begun, p. 32, s. 77. Union school How and when union may be dis- solved, p. 34, s. 86. How established, p. 34, s. 83. How expenses are paid, p. 34, s. 85. How governed, p. 34, s. 84. How supported, p. 34, s. 83. In case of disagreement of joint board, p. 34, s. 84. What districts may unite, p. 34, s. 83. When presumed to be organized, Rev. Laws, s. 3322. School Districts (Continued). When may be abolished, p. 36, s. 97. Funds of abolished district revert, p. 36, s. 98. Proceeds of, how disposed of, p. 36, s. 100. Property of abolished district, p. 36, s. 99. When school shall not receive public moneys, p. 33, s. 80. Penalty for presenting fraudulent claim, p. 30, s. 70. School funds. See Funds, School. School libraries. See Libraries, District School. School month, twenty days, p. 37, s. 104. School text-books. See Text-Book Com- mission. School Trustees Body corporate, p. 21, s. 40. District attorney adviser of, p. 38, s. 115. Duties of clerk of, p. 25, s. 65. Shall accompany orders with item- ized bills, p. 30, s. 70. Shall draw all orders on county audi- tor, when, p. 30, s. 69. Shall hold records subject to inspec- tion, p. 25, s. 65. Shall keep record of proceedings, p. 25, s. 65. Shall not issue order, when, p. 30, s. 70. Shall receive salary, when, p. 25, s. 65. Shall sign records, p. 25, s. 65. Election board To file papers, p. 24, s. 60. To issue certificate of election show- ing, p. 24, s. 61. To summarize votes, p. 24, s. 60. Election of, p. 21-25, s. 43-61. Ballots must specify long-term and short-term candidates, p. 23, s. 52. Ballots to be printed in certain dis- tricts, p. 23, s. 53. Candidates in certain districts to file name, etc., with county clerk, p. 24, s. 59. Challenge of voter at, allowed, p. 24, s. 58. Election officers, p. 21, s. 45. How to vote at, p. 23, 24, s. 54, 58. Illegal voting, penalty, p. 24, s. 56-58. Instructions as to voting to be on bal- lots, p. 23, s. 55. Judge of election not authorized to administer oath of office to school trustee, Rev. Laws, (note) s. 3296. List to be delivered to inspectors, p. 23, s. 51. List of voters, p. 23, s. 49. Not allowed at polls, p. 24, s. 56. Notice to be posted, p. 22, s. 46. Pay for preparing list in certain dis- tricts, p. 23, s. 5.0 Penalty for showing ballot, p. 24, s. 56. Qualifications for voting, p. 22, s. 47. Registration regulations, p. 22, s. 48. Two or more polling places in dis- tricts of first class, p. 21, 22, s. 45, 46. Voter may have assistance, when, p. 24, s. 57. INDEX TO SCHOOL LAWS 137 School Trustees, Election (Continued). Voting to be by ballot, p. 23, s. 52. What ballots shall be used, what they shall contain, etc., in certain dis- tricts, p. 23, s. 53. First meeting of new board, p. 25, s. 65. How board is organized, p. 25, s. 65. Majority vote of to legalize action, p. 25, s. 66. Members liable for illegal order drawn by clerk of board, p. 30, s. 70. Monthly meeting of, required in certain districts, p. 25, s. 66. No discrimination against female teach- ers, p. 27, P. 11, s. 67. Notice of board meeting necessary, p. 25, s. 66. Number of and how determined, p. 21, s. 42. Officers, president and clerk, p. 25, s. 65. Orders Drawn on county auditor, p. 30, s. 69. Forbidden in certain cases, p. 30, s. 69. Itemized statement of bills with order, p. 30, s. 70. Penalty for presenting fraudulent claims. Rev. Laws, s. 6715. Powers and duties of May define powers and duties of city superintendent in schools of first class, p. 32, s. 77. May direct principals and teachers to exercise certain powers, p. 31, s. 74. Must maintain all schools equal length of time, p. 30, s. 68. Shall not be pecuniarily interested in contracts made, p. 31, s. 71. Shall not erect school buildings with- out approval of plans, p. 26, P. 2, s. 67. Shall not make repairs without elec- tion, when, p. 26, P. 2, s. 67. To administer certain oaths, p. 28, p. 15, s. 67. To build, purchase, rent or repair, p. 26, P. 2, s. 67. To buy or sell property, when, p. 26, p. 1, s. 67. To call meetings of heads of families, p. 26, P. 4, s. 67. To cause official price lists of text- books to be kept posted, p. 55, s. 169. To cause two suitable privies to be erected, p. 27, P. 6, s. 67. To change location of schools, p. 26, p. 3, s. 67. To divide schools into departments, p. 29, P. 17, s. 67. To emnloy legally qualified teachers, p. 27, P. 11, s. 67. To employ teachers qualified for all grades, p. 27, P. 11, s. 67. To enforce order and discipline, p. 31, s. 72. To enforce sanitary regulations, p. 30, p. 24, s. 67. To enforce use of course of study and text-books, p. 29, P. 19, s. 67. To enter into written contracts with teachers, p. 27, P. 11, s. 67. To establish kindergarten department, p. 29, P. 17, s. 67. School Trustees, Powers (Continued). To furnish certain supplies for pu- pils and school, p. 30, P. 22, s. 67. To have custody of property, p. 27, p. 9, s. 67. To hold property for district, p. 21, s. 41. To insure schoolhouses, etc., p. 27, p. 10, s. 67. To keep buildings in repair, p. 27, p. 8, s. 67. To pay transportation of pupils, when, p. 46, s. 142. To maintain departments in certain order, p. 29, p. 17, s. 67. To maintain at least six months of school, p. 28, P. 13, s. 67. To maintain school eight months, when, p. 28, P. 14, s. 67. To maintain school in different places in district, p. 30, 34, s. 68, 90. To make arrangements with other districts for transfer of children, p. 127, s. 1, 2; p. 29, P. 20, s. 67. To make annual report, p. 30, P. 23, s. 67. To manage and control school prop- erty, p. 27, P. 5, s. 67. To notify county commissioners and deputy superintendent, p. 28, P. 13, s. 67. To pay for children attending in other districts, p. 127, s. 1, 2. To pay in all moneys collected, p. 27, P. 5, s. 67. To pay salaries of teachers, p. 27, p. 12, s. 67. To pay for transportation of pupils, when, p. 46, s. 142. To prescribe and enforce rules, p. 27, p. 7, s. 67. To provide desk text-books for teach- ers, p. 29, P. 16, s. 67. To provide free text-books for dis- trict p. 76, s. 1. To provide record books for district, p. 29, P. 16, s. 67. To suspend or expel certain pupils from school, p. 29, P. 18, s. 67. To suspend or expel pupils under 14 years of age, when, p. 29, P. 18, s. 67. To visit schools, p. 30, P. 21, s. 67. Salary of clerk in certain districts, p. 25, s. 65. Terms of office begin, p. 25, s. 62. Vacancies, when filled by appointment, p. 25, s. 63. When filled by election, p. 25, s. 63. Vested with necessary power, p. 31, s. 73. Women may serve as. See Constitu- tional Provisions. School year. See General Provisions. Sectarian instruction prohibited. See Con- stitutional Provisions. Sectarian literature prohibited. See Gen- eral Provisions. Sheriff shall enforce laws against houses of ill-fame, p. 68, s. 219. State Board of Education Constitute county normal training school board, p. 60, s. 186. See County Normal Training School. How composed, p. 9, s. 1. 138 INDEX TO SCHOOL LAWS State Board of Education (Continued). IState Orphans' Hom( Members of state board of investment, Stats. 1913, p. 252, s. 1. Members of state text-book commission, p. 52, s. 158. Officers of, p. 9, s. 2. Powers and duties of Shall have direction and control of Virginia City School of Mines, p. 93, s. 1. Shall issue first-grade elementary certificates to graduates of Nevada State Normal School, p. 97, s. 7. See University of Nevada. Shall issue high-school certificates to | graduates of Nevada State Normal I School, p. 97, s. 7. See Univer- sity of Nevada. To adopt courses of study and enforce use in schools, p. 9, P. 1, s. 4. To adopt lists of books for district libraries, p. 9, P. 2, s. 4. To adopt seal, p. 9, P. 5, s. 4. To apoint deputy superintendents, p. 12, s. 9. To appoint public library trustees. Rev. Laws, s. 3228. To designate official organ, p. 9, 10, p. 7, s. 4. To examine and certificate teachers, p. 15-19, s. 17-35 ; p. 60, s. 188. To fix date of holding teachers' exam- inations, p. 15, s. 18. To have charge of county normal training schools, p. 60, s. 186. To have printing done by state printer, p. 9, P. 4, s. 4. To keep record of proceedings, p. 9. p. 6, s. 4. To participate in control of district high schools, p. 74, 75, s. 3, 5, 6, 7. To remove deputy superintendents, p. 14, s. 16. To revoke or suspend teacher's certifi- cates, p. 9, P. 3, s. 4. State Board of Investment Attorney-general legal adviser, Stats. 1913, 1913, p. 252, s. 1. Controller to notify, s. 1. Created, s. 1. Membership, s. 1. Powers and duties of Limited as to county bonds, s. 5. To make judicious investment of school funds, s. 2. To make permanent record of pro- ceedings, s. 3. To make record of yea and nay vote. s. 3. To sell and reinvest securities, s. 4. State Controller To notify state board of investment quarterly, Stats. 1913, p. 252, s. 2. To render statement to superintendent of public instruction, p. 47, s. 144. To report on securities to state board of education, p. 47, s. 144. To report to University regents, p. 101, s. 3. To set aside money for salary of nor- mal training school teacher, when, p. 60, P. 2, s. 189. To draw warrants on the state treas- urer, p. 35, 47, s. 95, 145. Board of directors to manage, Rev. Laws, 4089. Membership of board, s. 4090. Powers and duties of Authorized to receive and manage gifts, etc., s. 4104. To appoint superintendent and matron, s. 4090. To dispose of gifts as donors direct, s. 4104. To employ all necessary help, s. 4090. To keep record of proceedings, s. 4090. To make by-laws for government of home, s. 4090. To make biennial report to legisla- ture, 4090. Children mentally or physically de- formed not admitted, Rev. Laws, s. 4095. Children in Are wards of state, Rev. Laws, s. 4092. May be educated in Carson City schools, p. 78, s. 1. To be instructed in manual and domestic arts, p. 78, s. 1. To be taught commercial branches in high school, p. 78, s. 1. To be trained and educated for use- ful citizenship, Rev. Laws, s. 4092. Dependent or neglected children ad- mitted on order of district court, p. 80, s. 12. Money paid to Carson school district for education of orphans, p. 78, s. 1,3. Nonorphan children, wards of state, p. 80, s. 13. Expenses, transportation and mainte- nance of, p. 80, s. 13. Salary of superintendent and matron of, Rev. Laws, s. 4090. Teachers in, to be certified by state, Rev. Laws, s. 4090. Text-books, etc., to be furnished by board of directors of home, p. 79, s. 2. What the children in shall be taught, Rev. Laws, s. 4094. State Superintendent. See Superintend- ent of Public Instruction. State Treasurer Member of state board of investment, Stats. 1913, p. 252, s. 1, To be custodian of school securities, p. 47, s. 145. To cut off and pay coupons in presence of state board of education, p. 47, s. 147. To negotiate for investment of state school moneys, Stats. 1913, p. 253, s. 2. To pay over all public school moneys on warrant of state controller, p. 47, s. 145. To pay over state school moneys to county treasurers semiannually, p. 47, s. 146. State University. See Constitutional Pro- visions, and University of Nevada. Stimulants and narcotics. See General Provisions. Superintendent of Public Instruction Curator of state museum, p. 71, s. 2. INDEX TO SCHOOL LAWS 139 Superintendent, State (Continued). Director of state orphans' home, Rev. Laws. s. 4089. Duties as curator of state museum To collect specimens of, ores, catalog them and place them in museum, p. 71, s. 3. To include report of museum in bien- nial report, p. 71, s. 3. To inquire as to mining resources and to inspect mines, p. 71, s. 3. Elected quadrennially, p. 10, s. 5. Member of board of directors of sta state orphans' home, Rev. Laws, s. 4090. Member of state board of investment, Stats. 1913, p. 252, s. 1. Member of state text-book commission, p. 52, s. 158. Office of state mineralogist abolished, p. 71, s. 1. Powers and duties of To act on appointment of probation officer by district judge, when, Rev. Laws, s. 733. To act with governor in making con- tracts for care of delinquents, when, Rev. Laws, s. 756. To address public assemblies, p. 10, p. 10, s. 6. To appoint census marshals in new districts, p. 33, 34, 35, s. 80, 92. To appoint school trustees in joint districts, p. 33, s. 81. To apportion money from old district to new, p. 33, s. 80. To apportion county school fund, p. 10, P. 3, s. 6. To apportion state distributive school fund. p. 10, P. 2, s. 6. To call county institutes, p. 11, P. 7, s. 6. To call meetings of state board of education, p. 12, P. 8, s. 6. To call meetings of state text-book commission, p. 52, s. 160. To conduct institute, p. 10, P. 1, s. 6. To confer additional authority on deputy superintendents, p. 14. s. 14. To consult with school officers, p. 10, p. 1, s. 6. To convene and preside over state and district institutes, p. 11. P. 6, s. 6. To decide appeals from teachers and school boards, p. 40, s. 121. To deliver to successor property and effects of office, p. 12, P. 14, s. 6. To determine county school tax, when, p. 45, s. 139. To determine amount of surplus dis- trict school funds to be reverted, p. 50, s. 152V 2 . To determine amount apportioned li- brary fund. p. 51, s. 154. To draw order on county auditor, p. 9, 10, P. 7, s. 4. To employ stenographic clerk, p. 73, s. 1, 2. To engage institute lecturers and teachers, p. 11, P. 6. s. 6. To enter into contracts for care of deaf, dumb, and blind, p. 80, s. 1. To enter into contracts for care ofj feeble-minded, p. 81, s. 1. Superintendent, State (Continued). To fill vacancies on county boards of education, p. 58, s. 178. To have printing required done at state printing office, p. 12, p. 11, s. 6. To make arrangements for care of deaf, dumb, and blind, p. 80, s. 1. To make rules and regulations for school libraries and for purchase of books, p. 51. s. 157. To nominate deputy superintendents of public instruction, p. 12, p. 9, s. 6. To notify each county auditor, county treasurer, and each school-board clerk, when, p. 49, p. 4, s. 152. To notify each county auditor and treasurer of deduction of surplus school funds, p. 50, s. 152%. To notify state controller and state treasurer as to emergency school fund, p. 35, s. 90. To prepare blank forms, including school registers and teachers' con- tracts, p. 12, p. 13, s. 6. To prepare pamphlet copies of school laws, p. 11, p. 5, s. 6. To prescribe rules and regulations for reports, p. 11, p. 5, s. 6. To promulgate prices of text-books, p. 55, s. 169. To report to governor biennially, p. 10, P. 4, s. 6. To require teachers to attend insti- tutes, p. 11, p. 6, 7, s. 6. To require written reports from dep- uty superintendents quarterly, p. 12, P. 12, s. 6. To set apart money for district li- braries, p. 51, s. 153. To set aside money for emergency school fund, p. 35, s. 90. To visit schools, etc., in each county of the state, p. 10, P. 1, s. 6. To visit state university quarterly and report to board of regents, Rev. Laws, s. 4649. Salary of, p. 72. s. 1. Salary of typist in office of, Rev. Laws, 4398. Secretary of state board of education, p. 9, s. 2. Secretary of state text-book commis- sion, p. 52, s. 159. Traveling expenses to be paid, p. 10, P. 1, s. 6. Supervision districts, p. 12, s. 8. Surrender of records and property on ex- piration of term of office, Rev. Laws, s. 2819. Taxes Annual, county, p. 45, s. 139. Annual, county high school, p. 58, s. 180. Annual, state school, p. 44, s. 135. Special county high school, p. 58, s. 176. Special, determined by election, p. 45, s. 141. Special determined by school trustees or deputy superintendent, p. 28, P. 13. s. 67. Special, determined by school trustees, p. 45. s. 140. Special, district bond, p. 61, 62, s. 197. 140 INDEX TO SCHOOL LAWS Taxes (Continued). Special, district, for redemption of interest-bearing school warrants, p. 78, s. 4. Teachers Certificates of may be suspended or revoked. See Teachers' Certificates. Contracts for Form of to be prepared by superin- tendent of public instruction, p. 12, p. 13, s. 6. Penalty for violation of, p. 40, s. 120. To be signed by, p. 27, P. 11, s. 67. To contain agreement as to salary, etc., p. 27, 28, P. 11, 13, 14, s. 67. Oath of office of Before whom taken, p. 28, P. 15, s. 67. Form of, p. 20, s. 38. Must be filed, p. 20, s. 39. Powers and duties of Shall attend institute, p. 11, P. 6, 7, s. 6 ; p. 13, P. 3, s. 12. Shall be legally employed, p. 19, s. 36. Shall enforce course of study, p. 21, p. 4, s. 39. Shall enforce rules and regulations, p. 21, P. 4, s. 39. Shall enforce use of authorized text- books, p. 21, P. 4, s. 39. Shall file legal certificates with deputy superintendent, p. 20, P. 1, s. 39. Shall file official oath and letter with deputy superintendent, p. 19, s. 38. Shall fulfil contract under penalty, p. 40, s. 120. Shall give instruction as to effects of stimulants and narcotics, p. 37, s. 107. Shall give instruction in physiology and hygiene, p. 37, s. 107. Shall give oral instruction monthly as to birds, fish and game, under penalty, p. 37, s. 108, 109. Shall have Nevada certificate in force, p. 19, s. 36. Shall hold certificate for highest grade, p. 27, P. 11, s. 67. Shall keep complete record in school register, p. 20, P. 3, s. 39. Shall make final reports, p. 20, P. 2, s. 39. Shall make full and correct reports, p. 19, s. 36. Shall not suspend or expel any pupil under fourteen years of age, p. 21, p. 5, s. 39. Salary cannot be paid unless on legal list, p. 13, P. 1, s. 12. Salary proviso, p. 37, s. 104. Vested by school trustees with certain powers, p. 31, s. 74. Vested with power to protect children going to and from school, p. 31, s. 72. Teachers' Certificates Age requirements, p. 16, 17, 19, s. 24, 25, 35. County normal elementary, p. 1<> 60, s. 26, 188. Elementary third-grade Entitles holder to teach, where, p. 17, s. 27. | Teachers' Certificates (Continued). Time limit on, p. 17, s. 27. Experience required for, p. 17, s. 25. Examination questions for, p. 15, s. 20. How sent out, p. 15, s. 20. Penalty for unlawful use of, p. 16, s. 21, 22. Examinations for When given, p. 15, s. 18. Who conducts, p. 15, s. 19. Who examines papers, p. 18, s. 32. Grades of, p. 16-19, s. 23-34. Granted by whom, p. 15, s. 17. How granted On credentials, p. 16, 17, s. 24-27. On examinations, p. 18, s. 29-31. Percentages required for Certain credits allowed, when, p. 17. s. 24, 25. First-grade, p. 16, 17, s. 25. High-school, p. 16, s. 24. Hold-over credit, p. 17, s. 25. Life diploma, p. 18, s. 28, 29. Second-grade, p. 17, s. 26. Third-grade, p. 17, s. 27. Renewals of, p. 15, 16, 17, s. 17, 24, 25. Revocation and suspension of, p. 9, P. 3, s. 4. Special For what granted, p. 19, s. 33. On what granted, p. 19, s. 33. Suspension of, p. 13, 14, P. 3, 4, s. 12. Temporary Applicant for must not be a near relative to any member of school board, p. 19, s. 34. But one can be granted to same per- son, p. 19, s. 34. Good in but one district, p. 19, s. 34. May be granted by deputy superin- tendent, p. 19, s. 34. Time limit of, p. 19, s. 34. Teachers' Institutes Allowance for county institutes, p. 11, p. 7, s. 6. Allowance for state and district insti- tutes, p. 11, P. 6, s. 6. Called by superintendent of public in- struction, p. 11, P. 6, 7, s. 6. County commissioners may appropri- ate for, p. 11, P. 7, s. 6. Deputy superintendent to assist at, p. 13, s. 11. State controller shall draw warrants for, p. 11, P. 6, s. 6. State, district and county institutes, p. 11, P. 6, 7, s. 6. Teachers shall attend, p. 11, P. 6, 7, s. 6. Text-Book Commission Appointment of, p. 52, s. 158. Appointee's eligibility, p. 52, s. 158. Contracts of to contain, p. 54, s. 165. Contracts of in effect, p. 55, s. 167. Contracts of, void, p. 55, s. 168. Meetings of, where and when held, p. 52 ; 53, 54, s. 160, 161, 163. Meetings of to be public, p. 52, s. 159. Officers of, p. 52, s. 159. Overcharge for books by dealers, pen- alty for, p. 56, s. 172. Per diem and traveling expenses ^of appointed members of, p. 56, s. 171. Issued at discretion of state board ofj Powers and duties of education, p. 17, s. 27. One only granted to same person, p. 17, s. 27. To approve books for supplemental use, p. 53, s. 161. INDEX TO SCHOOL LAWS 141 Text-Book Commission (Continued). To adopt text-books, p. 53, s. 161. To exact penalty of publishers for violation of contract, p. 54, s. 166. To inform publishers as to changes in prescribed text-books, p. 53, s. 161. To inform publishers as to proposals, contents thereof, etc., p. 53, s. 161. To make contracts, p. 54, s. 165. To make new adoptions, when, p. 53, 55, s. 161, 168. To notify publishers of termination of contract, p. 53, 55, s. 161, 168. Require bonds of publishers, p. 54, s. 166. To require publishers of geographies selected to incorporate special mat- ter for Nevada, p. 53, s. 162. To vote on adoption of text-books by roll-call, p. 52, s. 159. Prices of text-books to be posted in every schoolroom, p. 55, s. 169. Prices of text-books to be promulgated, p. 55. s. 169. Supplemental books approved by. pur- chas^d by district and used, p. 54, 55, s. 164. 170. Text-books adopted to be used exclus- ively in all schools, p. 54, 55, s. 164, 170. Text-books adopted to be in use four years. p. 54. s. 164. Vacancy in. how filled, p. 52, s. 158. Toll roads, penalties on to aro into state distributive school fund, Rev. Laws, s. 3758. Transfers County f'^uds may bp transferred to school districts, p. 73, s. 1, 2. School funds shall not be transferred, Rev. Laws, s. 1540. Transfer of Pupils and School Funds 1. Made by mutual agreement of school boards, p. 127. s. 1. Money transferred by order of sup- erintendent of public instruction, p. 127, s. 1. Proviso, p. 127. s. 1. 2. Disnute as to transfer To be settled by superintendent of public instruction, p. 127, s. 2. Transportation of pupils, p. 46. s. 142. Truants and truancy. See Compulsory Education. Trustees. See School Trustees. University of Nevada Academic degree, diploma, cause for revocation of, p. 97, s. 7. Academic degree, diploma of, p. 97, s. 7. Acts of Congress in aid of agricultural college. Rev. Laws, s. 4655. Affairs of, president to manage, p. 98, s. 8. Agricultural college established, Rev. Laws. s. 4656. Agricultural colleges and agricultural experiment station, act of Congress in aid of. Rev. Laws, s. 4655. Agricultural Experiment Station Acceptance of federal aid, Rev. Laws, s. 460. 461. 464. Board of control. Rev. Laws. s. 457- 463. University of Nevada (Continued). Federal act establishing, Rev. Laws, s. 4655. Funds, disposition of, Rev. Laws, s. 458, 462. Reports, publication of, Rev. Laws, s. 459, 463. Annual report, president to make, p. 78, s. 6. Annual report to governor, p. 96, s. 3. Assistant teachers, president to employ, p. 98, s. 8. Board of examiners to pass on expenses, p. 80, s. 12. Board of Regents Board of control of agricultural ex- periment station, Rev. Laws. s. 457. Chairman to be appointed, p. 97, s. 4. Clerk, duties, qualifications, salary, p. 97, s. 4. Compensation, none, p. 97. s. 4. Election of. p. 96. s. 2. Expenses of, p. 97, s. 4. Meetings of, p. 97, s. 5. Number of, p. 96, s. 2. Oath of, p. 96, s. 2. Powers and duties of, p. 96, s. 3. Quarterly and special meetings, p. 97, s. 5. Record of proceedings open to public inspection, p. 97, s. 4. Reports to governor, p. 96, s. 3. Sole trustees of University funds, p. 101, s. 2. Term of office, p. 96, s. 2. Vacancy, governor to fill, p. 96, s. 2. Board of visitors Chief justice, chairman, p. 100, s. 1. Composed of, p. 100, s. 1. Duties of, P. 100. s. 3. Expenses allowed, p. 100, s. 5. Governor to appoint, p. 100, s. 2. Meetings of, p. 100, s. 3. No compensation, p. 100, s. 5. Noticp of annual meeting to be given, p. 100, s. 4. Term of office, p. 100, s. 1. To report to governor, p. 100, s. 3. Branches of learning required to be taught in, p. 96. s. 1. Clerk of regents, qualification and duties, salary, p. 97. s. 4. Color, no discrimination as to, p. 98, s. 9. Constitutional provisions Departments of, Rev. Laws, s. 356. Controlled how, Rev. Laws. s. 359. Fund for support, restrictions, Rev. Laws. s. 355, 357. General provisions concerning, Rev. Laws, s. 356-362. Interest on school fund, apportion- ment. Rev. Laws, s. 355. Oath of professors and teachers in, Rev. Laws, s. 357. Reegnts, first board of, Rev. Laws, s. 359. Sectarian instruction prohibited, Rev. Laws, s. 361. Special tax for. Rev. Laws, s. 358. Students, residence not to gain or lose. Rev. Laws. s. 251. Corporate name, p. 96, s. 1. Course of study to be prescribed, p. 96, s. 3. 142 INDEX TO SCHOOL LAWS University of Nevada (Continued). Degrees and diplomas conferred, p. 97, s. 7. Diplomas of graduation, what may issue, p. 97, s. 7. Diplomas, revocation of for cause, p. 96, s. 3. Discrimination in admission of pupils on account of sex, race or color, for- bidden, p. 98, s. 9. Election of board of regents, p. 96, s. 2. Expenses of board of regents, p. 97, s. 4. Expenses, board of examiners to pass upon, p. 99, s. 12. Experiment stations (U. S.) established, how, Rev. Laws, s. 4655. Free, tuition shall be, p. 98, s. 10. Graduates, diplomas to receive, p. 97, s. 7. Graduation, standard of to be pre- scribed, p. 96, s. 3. Honorary board of visitors. See Board of Visitors. Irreducible university fund, land grant, sale of, Rev. Laws, s. 4653. Land grants accepted, Rev. Laws, s. 4659. Land grants, proceeds of, Rev. Laws, s. 4657. Library, transfer of books to and from state library, Rev. Laws, s. 3961. Mechanic arts, school of established in, p. 96, s. 1 ; Rev. Laws, s. 356. Minerals fianalysis of, p. 99, s. 1. Mining school established in, p. 96, s. 1, Rev. Laws, s. 356. Moneys dedicated exclusively to support of, p. 101, s. 1. Monthly statements to regents, p. 98, s. 8. Nevada state normal school, p. 97, s. 1. Normal school graduates, teachers' cer- tificates, p. 97, s. 7. Normal school graduates to report to president, p. 97, s. 7. Permanent establishment of, Rev. Laws, s. 4654. President Affairs of to manage, p. 98, s. 8. Analysis of minerals to cause to be made, p. 99, s. 1. Annual report to make, p. 98, s. 6. Commission of cadets, to assent to, Rev. Laws, s. 4664. Degrees and diplomas, to recommend, p. 97, s. 7. Normal graduates to report to, p. 97, s. 7. Notice to be given to honorary board of visitors, p. 100, s. 4. University of Nevada (Continued). Qualifications and indorsements, p. 96, s. 3. Regents to appoint, p. 96, s. 3. State board of education, member of, p. 9, s. 1. State board of investment, member of, Stats. 1913, p. 252, s. 1. To establish training and model schools, p. 96, s. 3. Public inspection, records, accounts and proceedings open to, p. 96, s. 3, 4. Race, no discrimination as to, p. 98, s. 9. Records, public, p. 96, 97, s. 3, 4. Regents. See Board of Regents. Removal, effect of, Rev. Laws, s. 4654. Reno, located at, Rev. Laws, s. 4652. Report, president to make annual, p. 97, s. 6. Report to governor, regents to make, p. 96, s. 3. Sample assays for gold and silver, how returned, p. 99, s. 4. Sex, no discrimination as to, p. 98, s. 9. Specimens of ore, inspector of mines to furnish, Rev. Laws, s. 4201. State Controller to report to regents, p. 101, s. 3. State hygienic laboratory established at, Rev. Laws, s. 3941-3945. Students, no discrimination to be made, p. 98. s. 9. gualifications of, p. 98, s. 9. esidence not gained or lost, Rev. Laws, s. 358. Superintendent of public instruction to report to regents, p. 98, s. 11. To visit, p. 98, s. 11. Tax levy for, Rev. Laws, s. 3617. Teachers' certificates for Nevada nor- mal and university graduates, p. 97, s. 7 ; Rev. Laws, s. 3649. Teachers, school for instruction of, es- tablished in, Rev. Laws, s. 357. Tuition, to be free, p. 98, s. 10. University established, Rev. Laws, s. 4656. Vacancy in regents, governor to fill, p. 96, s. 2. Unlawful stock, proceeds of sale of for county school fund, Rev. Laws, s. 2251. Vacancies in office, Rev. Laws, s. 2799. See Resignations and Vacancies. Virginia School of Mines Created, p. 93, s. 1. Expenses for 1911-0.1)12, p. 93, s. 2. Salary of principal of, p. 93, s. 1. To be under direction and control of state board of education, p. 93, s. 1. Women may serve as school trustees, Rev. Laws, s. 371. O )LABEL> 10 UNIVERSITY OF CALIFORNIA LIBRARY