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cases to be

paid by litigants

Fees in civil ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof; and in either case all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No reporter must be required to perform any service in a civil case until his fees therefor have been paid to him or deposited with the clerk of the court.

Salary and mileage White Pine commissioners

In effect
April 1, 1921

Repeal

[Senate Bill No. 48-Senator Chapin]

CHAP. 58-An Act fixing the salaries and compensation of the county commissioners of the county of White Pine, State of Nevada.

[Approved March 8, 1921]

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

SECTION 1. The members of the board of county commissioners of the county of White Pine, State of Nevada, shall receive a salary of nine hundred dollars per annum, payable in twelve equal monthly installments, which shall be in full compensation for all services rendered. Each member of the board of county commissioners shall receive twenty cents per mile for each mile necessarily and actually traveled in going from his place of residence to the county-seat to attend each regular, adjourned, or special meeting of said board.

SEC. 2.

This act shall take effect from and after the first day of April, 1921.

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 All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Amending criminal

practice act

[Senate Bill No. 62-Senator Kent]

CHAP. 59-An Act to amend section 117 of an act entitled "An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto," approved March 17, 1911; effective January 1, 1912.

[Approved March 8, 1921]

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

SECTION 1. Section 117 of an act entitled "An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto," approved March 17, 1911, effective January 1, 1912, is hereby amended so as to read as follows:

warrants of

Section 117. A justice of the supreme court, a judge Concerning of the district court, or a clerk of the district court, may, arrest by by an endorsement under his hand upon a warrant of arrest, telegraph authorize the service thereof by telegraph, and thereafter a telegraphic copy of such warrant may be sent to one or more peace officers, and such copy is as effectual in the hands of any officer, and he must proceed in the same manner under it, as though he held an original warrant issued by the magistrate before whom the original complaint in the case. was laid. Every officer causing telegraphic copies of warrants to be sent must certify as correct and file in the telegraph office from which such copies are sent a copy of the warrant and endorsement thereon, and must return the original with a statement of his action thereunder.

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

[Senate Bill No. 71-Senator Griffith]

CHAP. 60-An Act providing for a state budget.

[Approved March 8, 1921]

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

Assembly, do enact as follows:

submit state

legislature

SECTION 1. Within twenty days after the convening of Governor to the state legislature the governor shall submit a budget for budget to the two ensuing fiscal years. Said budget shall contain a complete plan of proposed expenditures and estimated revenues for the ensuing biennium. Accompanying said budget shall be a statement showing the revenues and expenditures for the two fiscal years next preceding; the current assets, liabilities, reserves, and surplus or deficit of the state; the debts and funds of the state; an estimate of the state's financial condition as of the beginning and end of the biennium covered by the budget; and any explanation the governor may desire to make as to the important features of the budget and any suggestions as to methods for the reduction or increase of the state's revenue.

budget shall embrace

SEC. 2. Said budget shall embrace an itemized estimate What of the appropriations for the state legislature as certified to the governor by the president of the senate and the speaker of the assembly; for the executive department; for the judiciary department; to pay and discharge the principal and interest of the debt of the State of Nevada; for the salaries payable by the state under the constitution and laws of the state; and for such other purposes as are set forth in the constitution and laws of the state; and for all other appropriations.

governor in

SEC. 3. The governor shall deliver to the presiding officer of Duties of each house the budget, and a bill for all the proposed appro- regard to priations of the budget, clearly itemized and classified; and budget

Budget to be printed; what to embrace

has prefer

the presiding officer of each house shall promptly cause said bill to be introduced therein. The governor may, before final action thereon by the state legislature, amend or supplement the budget to correct an oversight, or in case of an emergency, with the consent of the state legislature, by delivering such amendment or supplement to the presiding officers of both houses; and such amendment or supplement shall thereby become a part of said budget bill as an addition to the items in said bill or as a modification of or substitute for any item in said bill such amendment or supplement may affect.

SEC. 4. The budget report shall be a public document and shall be printed and distributed as are reports of state departments. From it the legislature shall determine, and establish in the budget bill, the necessary appropriations for the support of the state government, including provisions for payment of interest and principal on the state debt as the same may become due for the current biennial period. Nothing herein shall be construed as affecting the salary or compensation of public officers, otherwise set by law, during their terms of office.

SEC. 5. Neither house shall consider any other appropriaState budget tion, except an emergency appropriation for the immediate ence over all expense of the state legislature, until ten days after the other appro- delivery of said budget to the presiding officer of each

priations

except for legislative purposes

Proviso

Exception

Governor to

call for esti

mates from

all state departments

house. Every appropriation in addition to that provided for in the budget shall be embodied in a separate act and shall be limited to some single work, object, or purpose therein stated. No supplementary appropriation shall be valid if it exceeds the amount in the state treasury available for such appropriation, unless the legislature making such appropriation shall provide the necessary revenue to pay such appropriation by a tax, direct or indirect, to be laid and collected as shall be directed by the state legislature; provided, that such tax shall not exceed the rates permitted under the constitution of Nevada. This provision shall not apply to appropriations to suppress insurrections, defend the state, or assist in defending the United States in time of war.

SEC. 6. The governor, for the purpose of making up said budget, shall have the power, and it shall be his duty, to require from the proper state officials, including all heads of executive and administrative departments and state institutions, bureaus, boards, commissions, and agencies expending or supervising the expenditures of state moneys, and all institutions applying for state moneys and appropriations, such itemized estimates and other information in such form and at such times as he may direct. The estimate for Legislative the legislative department, as certified by the presiding officers of both houses, shall be included in the budget without revision by the governor.

departments

provide for

SEC. 7. The governor may provide for hearings on all Governor to estimates, and may require the attendance at such hearings hearings of representatives of state departments and institutions, and of other institutions or individuals applying for state appropriations.

may revise

SEC. 8. The governor may, in his discretion, revise all Governor estimates, except those relating to the legislative department, estimates those providing for the payment of the principal and interest of the state debt, and for the salaries and expenditures specified by the constitution and laws of the state.

tions limited

SEC. 9. The total appropriations made and expenditures Appropriaauthorized by the budget must not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing biennium, which estimate shall be furnished the governor by the state auditor at least six months prior to the convening of the state legislature in regular session.

examiners

system of

SEC. 10. It shall be the duty of the state board of exam- Board of iners, on or before May 1, 1921, to cause to be prepared a to prepare uniform system of accounts for the recording of all expendi- uniform tures made under any appropriation of public moneys for accounts of the support of any department; and it shall be the duty of expenditures each department, office, board, commission, or other subdivision of the state government, to install and use such uniform record.

submit

SEC. 11. It shall be the duty of the governor to submit Governor to to his successor in office a detailed record of all expenditures record to made in the preceding biennium by each of the departments successor of the state government supported by public funds, and to prepare and submit in the same manner a record of fund balances, the income to each fund in the state treasury, and the record of the sources of income to each fund in the state treasury from or during the preceding biennium, together with a statement of the bonded debt and of the obligations and assets of the state as of the close of the preceding biennium in such form as to permit of the entry of these items in the state budget.

not to affect

SEC. 12. If any item in the budget as enacted shall be Invalid items held invalid upon any ground, such invalidity shall not general affect the budget itself or any other item in it; provided, budget: aphowever, that no act appropriating money passed by the of 1921 not thirtieth session of the legislature shall be affected by this repeal.

propriations

affected

SEC. 13. All acts and parts of acts in conflict with this Repeal act are hereby repealed, and particularly "An act providing for a state budget," Statutes of Nevada, 1919, 58.

Fees of clerk of

[Senate Bill No. 75-Senator Penrose]

CHAP. 61-An Act to regulate the fees and compensation of the county clerk of Lyon County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.

[Approved March 8, 1921]

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

SECTION 1. The county clerk of Lyon County, State of Nevada, shall be allowed to charge, and to collect, the folLyon County lowing fees; provided, however, that said clerk shall neither charge, nor collect, any fees for services by him rendered to the State of Nevada or the county of Lyon or any city or town within said Lyon County, or any officer thereof in his official capacity:

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, fifteen dollars; said fee to include the court fee now provided for by law;

On the filing of a petition for letters testamentary, or of administration, or guardianship, fifteen dollars, to be paid by the petitioner; and in addition thereto at the time of filing the inventory and appraisement there shall be charged and collected the additional sum of one dollar for each one thousand dollars of the appraised value in excess of five thousand dollars;

On filing a petition to contest any will or codicil, ten dollars, to be paid by the petitioner;

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, seven dollars fifty cents; for every additional defendant, appearing separately, five dollars.

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

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

For issuing an execution or order of sale, in any action, seventy-five cents.

For filing a notice of appeal, and appeal bonds, each, seventy-five cents.

In all proceedings begun, or for acts performed previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun or acts performed. The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for:

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