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discharge of

Section 223. The defendant may also, at any time before Grounds for trial apply upon motion, upon reasonable notice to the plain- attachment tiff, to the court in which the action is brought, or to the judge thereof for a discharge of the attachment on the following grounds:

1. That the writ was improperly issued;

2. That the property levied upon is exempt from execution;

3. That the levy is excessive. If the court or the judge thereof on the hearing of such motion shall find that any of the foregoing grounds exist, the attachment and levy thereof shall be discharged; provided, that, if the motion is based Proviso upon the third ground only, and same is found to exist, the discharge of attachment shall be only as to the excess.

[Assembly Bill No. 22-Mr. Pohl]

CHAP. 7-An Act to amend an act entitled "An act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty," approved March 9, 1866.

[Approved February 10, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section 35 of the above-entitled act is hereby amended so as to read as follows:

office

Section 35. Every office shall become vacant upon the When public occurring of either of the following events before the expira- becomes tion of the term of such office:

First-The death or resignation of the incumbent. Second-The removal of the incumbent from office. Third-The confirmed insanity of the incumbent, found upon a commission of lunacy, issued to determine the fact. Fourth-A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond.

Fifth-A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in section 22 of this act; or, when a bond is required by law, his refusal or neglect to give such bond within the time prescribed by law.

Sixth-The ceasing of the incumbent to be a resident of the state, district, county, city, or precinct in which the duties of his office are to be exercised, or for which he shall have been elected or appointed.

Seventh-The ceasing of the incumbent to discharge the duties of his office for a period of three months, except when

vacant

Duties of certain officers

prevented by sickness, or absence from the state upon leave, as provided by law.

Eighth-The decision of a competent tribunal declaring the election or appointment void or the office vacant.

Upon the happening of any of the aforesaid events, should the incumbent fail or refuse to relinquish his office, it is hereby made the duty of the attorney-general, if the office affected be a state or district office, or of the district attorney if the office affected be a county, city, or precinct office, to commence and prosecute, in a court of competent jurisdiction, any and all proceedings for judgment and decree declaring such office vacant.

[Assembly Bill No. 23-Mr. Smith]

CHAP. 8-An Act to amend an act entitled "An act to provide a general highway law for the State of Nevada," approved March 23, 1917.

[Approved February 16, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section 14 of the said act is hereby amended to read as follows:

Section 14. Whenever it shall appear to the state highway engineer that any work or improvements can be done in a more economical or other satisfactory manner than by conmay execute tract, it shall be discretionary with the state highway engi

When highway engineer

road work

When bids advertised for in

neer, with the unanimous approval of the board of state highway directors, the governor, and the board of county commissioners of the county in which the work is to be performed, to execute such work or improvements himself; otherwise, it shall be the duty of the state highway engineer to advertise for bids for such work according to plans and specifications prepared by him. Publication thereof shall be newspapers made in a newspaper of general circulation in the county in which the proposed improvement or construction is to be made, for a period of two weeks in a weekly newspaper, or for a period of ten days when in a daily newspaper, and such advertisement shall be published in one or more daily papers of general circulation throughout the state for a period of ten days. Such advertisement shall state the place where the bidders may inspect the plans and specifications, the time and place when bids will be received, and the time Bonds from and place for opening the same. Every bid shall be accompanied by a certified check of the bidder in an amount equal to five per cent of the amount of his bid, said amount to be forfeited to the state highway fund should the bidder to whom the contract is awarded fail to enter into the contract in

contractors

accordance with his bid and give the bond required within ten days after notice of such award. The checks of all unsuccessful bidders shall be returned immediately after the contract is awarded and the bond given.

at depart

bidder's

contract

All bids so submitted shall be received at the office of the Bids opened department of highways and shall be publicly opened and ment headread at the time stated in the advertisement. The depart- quarters ment of highways shall have the right to reject any and all bids, if, in the opinion of the department, the bids are unbalanced, or for any good cause. In awarding contract the department of highways shall make the award to the lowest responsible bidder. The successful bidder shall be required Successful to furnish bond, with sureties, approved by the department bond 50% of of highways in a sum equal to at least one-half of the amount of the contract awarded, conditioned that such work shall be performed in accordance with the plans and specifications and terms of contract, and otherwise conditioned as in this act provided, and no party bidding for work shall be accepted as surety on any required bond. When the con- Contracts, tract is executed, a copy of the same, including plans and specifications and estimates of cost, shall be filed forthwith in the office of the department of highways and a like copy filed with the clerk of the board of county commissioners of the county in which the work is to be performed.

where filed

[Senate Bill No. 10-Senator Dressler]

CHAP. 9-An Act to amend an act entitled "An act relating to the state university and matters properly connected therewith," approved February 7, 1887.

[Approved February 17, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1.

Section ten of said act is hereby amended so University

regents may

as to read as follows: Section 10. The board of regents of the University of When Nevada shall have the power to fix a tuition charge for stu- charge dents at that university; provided, however, that tuition tuition shall be free (a) to all students whose families are bona-fide residents of the State of Nevada, and (b) to all students whose families reside outside of the State of Nevada providing such students have themselves been bona-fide residents of the State of Nevada for at least six months prior to their matriculation at the university.

Salary of

mayor of

[Senate Bill No. 26-Senator Griffith]

CHAP. 10-An Act to amend section 10 of an act entitled "An act to incorporate the town of Las Vegas in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto," approved March 16,

[blocks in formation]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section 10 of the above-mentioned act is hereby amended so as to read as follows:

Section 10. The mayor of said city shall receive as remuneration for his services the sum of seventy-five ($75) dollars per annum, payable in equal monthly installments, and each $75 per year of the commissioners shall receive the sum of seventy-five ($75) dollars per annum, payable in the same manner.

Las Vegas,

Southern

[Senate Bill No. 27-Senator Scott]

CHAP. 11-An Act to amend an act entitled "An act for the advancement of agriculture, horticulture, the livestock industry and home economics and for the dissemination of knowledge and information in relation thereto, in southern Nevada; creating the Southern Nevada agricul tural board and prescribing its duties; providing for cooperative agricultural extension work in southern Nevada by agreement with the agricultural extension division, University of Nevada; making an appropriation therefor; repealing An act to establish an agricultural experiment farm in the southern part of this state and making an appropriation therefor,' approved March 2, 1905, and all acts amendatory and supplemental thereto, and for other purposes," approved March 21, 1917, as amended February 27, 1919.

[Approved February 17, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1.

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

Section 1. For the advancement of agriculture, horticulMembers of ture, the livestock industry and home economics, and for the dissemination of knowledge and information in relation agricultural thereto, in Clark County, in Lincoln County, and in that

Nevada

board

portion of Nye County lying south of the 37th degree parallel of latitude, in southern Nevada, the governor is hereby authorized to appoint three persons, resident therein, as members of the Southern Nevada agricultural board, which

is hereby created. The terms of office of the members of said board shall be at the pleasure of the governor, and they shall serve without compensation other than for actual traveling and living expenses when attending meetings thereof. Said board shall organize by electing one of their number as chairman and may appoint a secretary who shall serve without compensation.

[Senate Bill No. 22-Senator Chapin]

CHAP. 12-An Act to amend an act entitled "An act relating to the office of public administrators, and prescribing their duties," approved March 7, 1883 (1626).

[Approved February 19, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section 13 of the act entitled and approved as aforesaid is hereby amended to read as follows:

admin

Section 13. Public administrators are authorized to admin- Public ister on the estates of any deceased persons in any cases istrators, where by law they are entitled to administer by virtue of duties of their offices, and shall be required to make formal application for letters of administration, and file and have approved a bond, payable to the State of Nevada, in all estates where the estimated value of the personal property shall exceed the sum of five hundred ($500) dollars; provided, that the bond Bond of any public administrator may be increased as provided in this or other acts.

SEC. 2. This act shall take effect from and after its pas- In effect sage and approval.

[Senate Bill No. 23-Senator Harrington]

CHAP. 13-An Act to authorize the board of county commissioners of Ormsby County to issue bonds for the purpose of creating a fund for the completion and furnishing of its courthouse, county building and jail, authorizing the issuance of bonds and the payment thereof, and other matters properly relating thereto.

[Approved February 21, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

finish

SECTION 1. The board of county commissioners of Bonds to Ormsby County, Nevada, are hereby authorized and empow- Ormsby ered to prepare and issue bonds of said county in con- courthouse formity with the provisions of this act, for an amount not to exceed sixty thousand dollars, exclusive of interest, for

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