the bill, are not in the possession or control of such carrier, or of a connecting carrier, without disclosing this fact, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. securing SEC. 49. Any person who with intent to defraud secures Penalty for the issue by a carrier of a bill knowing that, at the time of issue of such issue, any or all of the goods described in such bill as certain bill received for transportation have not been received by such. carrier, or an agent of such carrier or a connecting carrier, or are not under the carrier's control, by inducing an officer, agent, or servant of such carrier falsely to believe that such goods have been received by such carrier, or are under its control, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. issuing negotiable SEC. 50. Any person who with intent to defraud issues Penalty for or aids in issuing a non-negotiable bill without the words defective "not negotiable" placed plainly upon the face thereof, shall nonbe guilty of a crime, and upon conviction shall be punished bill for each offense by imprisonment not exceeding five years or by a fine not exceeding five thousand dollars, or by both. SEC. 51. In any case not provided for in this article, the rules of law and equity, including the law-merchant, and in particular the rules relating to the law of principal and agent, executors, administrators and trustees, and to the effect of fraud, misrepresentation, duress or coercion, accident, mistake, bankruptcy, or other invalidating cause, shall govern. SEC. 52. This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. SEC. 53. (1) In this article, unless the context or subject- Definition of matter otherwise requires certain words and "Action" includes counterclaim, setoff, and suit in equity. terms "Bill" means bill of lading. "Consignee" means the person named in the bill as the person to whom delivery of the goods is to be made. "Consignor" means the person named in the bill as the person from whom the goods have been received for shipment. "Goods" means merchandise or chattels in course of transportation, or which have been or are about to be transported. "Holder" of a bill means a person who has both actual possession of such bill and a right of property therein. "Order" means an order by indorsement on the bill. "Owner" does not include mortgagee or pledgee. "Person" includes a corporation or partnership or two or more persons having a joint or common interest. Act not retroactive To "purchase" includes to take as mortgagee and to take as pledgee. "Purchaser" includes mortgagee and pledgee. "Value" is any consideration sufficient to support a simple contract. An antecedent or preexisting obligation, whether for money or not, constitutes value where a bill is taken either in satisfaction thereof or as security therefor. (2) A thing is done "in good faith," within the meaning of this article, when it is in fact done honestly, whether it be done negligently or not. SEC. 54. The provisions of this act do not apply to bills made and delivered prior to the taking effect thereof. SEC. 55. All acts or parts of acts inconsistent with this acts repealed act are hereby repealed. Inconsistent In effect June 1, 1923 Short title SEC. 56. This act shall take effect on the first day of June, one thousand nine hundred and twenty-three. SEC. 57. This act may be cited as the Uniform Bills of Lading Act. height, etc.. in certain zones [Assembly Bill No. 99-Washoe County Delegation] CHAP. 125—An Act providing for the establishment within cities and incorporated towns, of districts or zones within which the use of property, height and location of improvements and required open space for light and ventilation of buildings, and establishing of building lines, may be regulated by ordinance; providing for a city zoning commission to assist in carrying out the purposes of this act, and other matters relating thereto. [Approved March 10, 1923] The People of the State of Nevada, represented in Senate and SECTION 1. For the purpose of promoting the health, City council safety, morals, convenience, property or general welfare of may restrict the community, the city council or other legislative body, of buildings hereinafter designated as a city council, of any city or incorporated town of the State of Nevada, and for the purposes of this act the word "City," as hereinafter used, shall be construed to mean incorporated town, may, by ordinance, regulate and restrict the height, number of stories and size of buildings, and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the location and use of buildings, structures and land for trade, industry, residence or other purposes, and establish lines designating the distance at which buildings shall be erected from the property line of any lot or lots in the said city. SEC. 2. For any and all of said purposes, the city council may, by ordinance, divide the city into districts of such into districts number, shape and area as may be deemed suitable to carry City divided out the purposes of this act; and within districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be reasonable and uniform for each class or kind of buildings throughout each district and for the kind and class of business or industry carried on in each district, but the regulations in one district may differ from those in other districts. and plans safety SEC. 3. All regulations shall be made in accordance with Regulations a comprehensive plan, and designed to lessen congestion in for public the streets, to secure safety from fire, panic and other dangers; to protect property and promote the health, safety and general welfare; to provide adequate light and air; to prevent the overcrowding of land; and to conserve the value of the buildings and structures in said district. Such regulations shall be made with reasonable consideration. among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land throughout said city. be enacted hearings SEC. 4. The city council of said city shall provide by Ordinance to ordinance the manner in which such regulations and restrictions and the boundary of such districts shall be determined, estimated and enforced and from time to time amended, supplemented or changed. However, no such regulation or restriction of boundary shall become effective until a public Public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard is held, the time for hearing to be fixed by the council and notice to be given by posting and publication for a period of thirty days. SEC. 5. In order to assist the said city council in carry- Zoning ing out the provisions of this act, and to more adequately carry out its purposes, the city council may provide, by ordinance, for the appointment of a zoning commission. Said zoning commission, if appointed, shall consist of five members to be appointed by the mayor and confirmed by the city council, all of whom shall be appointed as follows: Two for two years, and three for four years, their successors to hold office for four years, any vacancies to be filled by the mayor for the unexpired term; the members of said zoning commission not to receive any compensation, and to select their officers from among their own body. commission such SEC. 6. It shall be the duty of the city zoning commission Duties of to make a survey of the city, with a view of dividing the commission same into zones or districts, and report to the city council a zoning or districting ordinance, which shall specify the uses to which property in each district may be devoted; and from time to time recommend to the city council such measures as it may deem advisable for the promotion of the public peace, health, convenience and welfare. SEC. 7. The city council of any city taking advantage of City council this act is empowered to include in said zoning ordinance to prescribe penalties "Nevada's Gold Star Book" Adjutantgeneral to publish to whom such penalty as is legal and may be deemed necessary to enforce any of its rules or regulations, or the terms of this ordinance for zoning, and for the punishment of the violations of any of the provisions of said ordinance. [Assembly Bill No. 129-Mr. James] CHAP. 126-An Act providing for the publication of "Nevada's Gold Star Book.” [Approved March 10, 1923] WHEREAS, Approximately two hundred Nevada men made. the supreme sacrifice during the world war; and WHEREAS, It is felt that the publishing of their biographies in a book, by the State of Nevada, will be prized and bring solace to relatives and friends of the deceased men; and WHEREAS, The memory of their wonderful exploits should endure and ever be before future generations as an inspiration to greater things; and WHEREAS, The adjutant-general has already assembled all necessary data for the publishing of this book; now, therefore, The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. The adjutant-general is hereby directed and empowered to publish a book containing the biographies and photographs of Nevada men who died while serving in the army, navy, or marine corps of the United States, or shortly thereafter, from the effects of wounds received in action or disease contracted in the service during the world war. SEC. 2. Copies of the book shall be furnished free of charge Free copies, to the following: To members of the thirty-first session of the legislature of the State of Nevada, to state high schools, to the University of Nevada, to the Nevada historical society, to newspapers published in the state, to members of local draft boards, to members of the district board, to members of the medical advisory boards, to government appeal agents, to the adjutants-general of the several states of the United States, and to such relatives and friends of the deceased service men as the adjutant-general may designate. Appropria tion, $5,000 Work done at state printing office SEC. 3. To carry out the provisions of this act, the sum of five thousand ($5,000) dollars is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated. SEC. 4. All work incident to the publishing of the book that can be done at the state printing office will be done by said office and be charged against the appropriation contained in this act. [Assembly Bill No. 140–Churchill County Delegation] CHAP. 127-An Act to authorize the county commissioners of any of the counties of the State of Nevada, in the name of the county, to purchase, acquire or construct electrical power plants and lines, providing for the maintenance, operation and extension of the same as a public utility, to authorize the issuance of bonds by the county to pay for the same, and other matters properly connected therewith. [Approved March 10, 1923] The People of the State of Nevada, represented in Senate and may acquire petition SECTION 1. The county commissioners of any of the coun- Counties ties of this state, in the name of the county, are hereby author- electric lines: ized, upon there being filed with them a petition, signed by at least two-thirds of the taxpayers of said county, requesting and petitioning them so to do, to purchase, acquire or construct electrical power plants and lines within the limits of the county and thereafter operate, maintain and extend the same as a public utility. SEC. 2. The board of county commissioners shall have Procedure for acquiring authority to enter into any and all necessary contracts with such lines any person, firm, company or corporation generating power for the purchase of electrical energy, power and current; to purchase any existing light and power line, or integral part thereof, upon the most advantageous price and terms to the county to purchase all proper and necessary equipment, appliances and materials needed for said plant and lines; to enter into contracts with consumers for the sale, distribution and delivery of electrical energy, power and current along its power lines; to make any and all rules and regulations necessary and proper for the management, operation, control and extension thereof; to employ such proper and efficient help and labor as shall be needed, and may construct and operate branches, or distributing lines, substations and transformers and other electrical appliances as conditions may warrant and require. to pay for same SEC. 3. For the purpose of providing funds with which to Bonds issued purchase, acquire or construct, as well as to maintain, operate and extend, such power plant or plants, and the lines thereof, the said county commissioners are hereby authorized, directed and empowered to issue bonds of the county; said bonds shall bear interest at a rate not to exceed six per cent per annum from date of issue, and said interest payable semiannually; said bonds shall only be issued from time to time as may be required, and to be in the usual form of county bonds; provided, that the total face value of the said Limit of bonds to be issued under the provisions of this act shall be in an amount not to exceed two per cent of the assessed valua bonds |