shall, upon conviction, be sentenced to the penitentiary for not less than one year nor more than five years. [Senate Bill No. 126-Senator Sheehan] CHAP. 208-An Act creating a state survey commission, providing for the appointment of the members thereof, defining the powers and duties of said commission, making an appropriation for the support thereof, and other matters properly relating thereto. [Approved March 26, 1923] survey com WHEREAS, The tangible wealth and property in the State State of Nevada has not greatly appreciated within the past ten mission years, but the value for assessment purposes has been greatly in interest of increased; and WHEREAS, In spite of this material increase in the assessed valuation of the property in the State of Nevada, the tax rate in the state has not decreased; and WHEREAS, The expenditures in the various departments of the state have increased to such an extent as to place an unnecessarily heavy burden upon the property-owners of this state and to seriously jeopardize the development, growth, progress and advancement of the state; and WHEREAS, The members of this legislature feel that a full, careful and thorough study should be made of all the departments of the state government for the purpose of ascertaining what changes in addition to those made by this legislature are advisable and may properly be effected and also to suggest, if advisable, additions and improvements in our present systems; and WHEREAS, There is not sufficient time at the present session of this legislature to complete such a study and analysis, and this legislature believes that some person or persons who are learned in such matters should be employed to make an investigation, survey and study of all the departments and of the government of the State of Nevada for such purposes; now, therefore, The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: state economy composed SECTION 1. There is hereby created the state survey Commission commission. The said commission shall be composed of five created; how persons, respectively, a banker, a member of the Nevada public economy league, a rancher, a mining operator, and a member of a labor union, or a person representative, respectively, of each of such vocations or classes. SEC. 2. The members of the said state survey commis- Members. sion shall be appointed as follows: The banker, or repre- how selected sentative of that class, shall be selected and appointed by Members. how selected Com Vacancies the president of the Nevada bankers association; the member of the Nevada public economy league, or representative of that class, shall be selected and appointed by the president of the Nevada public economy league; the mine operator, or representative of that class, shall be selected and appointed by the president of the Nevada mine operators association; the rancher, or representative of that class, shall be selected and appointed by the president of the Nevada livestock association and the president of the Nevada state farm bureau; the union man, or representative of that class, shall be selected and appointed by the president of the Nevada state federation of labor. The respective associations shall file such selections and appointments with the secretary of state, and that official shall forthwith issue certificates of appointment and the appointees shall qualify by taking the oath of office required of other state appointees. Such selections and appointments shall be made prior to June 15, 1923. SEC. 3. In the event all the commissioners are not selected and appointed prior to June 15, 1923, any vacancy existing mission to fill then shall be filled by appointing a person from the respective class, the selection and appointment to be made by the survey board which is hereby created and which board shall be composed of the governor, speaker of the assembly, and president pro tempore of the senate for the thirty-first session of the legislature. Vacancies in said commission after June 15, 1923, shall be filled by appointees from the respective class made by the survey board. Powers of mission SEC. 4. The commission, its agents, appointees and persons designated by it shall have power and access during survey com- office hours, to all books, accounts, records, files, minutes and papers of every office and department of the State of Nevada or which may be supported in whole or in part by the State of Nevada. That it is further made the duty of every state officer, commissioner, appointee or employee to furnish and supply information and data to the commission, its agents, appointees, or persons designated by it, upon demand. Further powers of commission SEC. 5. The commission shall have power to contract with any individual, individuals or company to make a study or survey of all or any of the departments of the State of Nevada; to investigate and report to said commission findings and recommendations relative to all or any department of the state, or any office, commission or agency supported in whole or in part by the state. That such findings and recommendations shall be transmitted by the commission to the governor and by him to the thirty-second session of the legislature of Nevada for its information and guidance. The commission also shall have the power to pay all necessary costs and expenses incurred by such contracts and surveys, incidental costs and expenses, and the further ment of power to employ such clerical and other assistance it may deem proper. The funds appropriated to carry out the Disburseprovisions of this act shall be disbursed by the commission, funds and the state controller shall draw his warrant and the state treasurer pay the same in accordance with the orders of the commission. sation, but SEC. 6. The members of the state survey commission shall No compenserve without compensation, but shall be allowed actual actual traveling and living expenses while attending necessary meetings of the commission. expenses and part independent SEC. 7. Each section of this act and every part of each Each section section is hereby declared to be independent sections and of act parts of sections, and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect any other section or part thereof. SEC. 8. A violation of any provision of this act shall be Penalties a misdemeanor and be punished by a fine of not to exceed $500 or imprisonment for sixty (60) days in jail, or by both such fine or imprisonment. SEC. 9. The sum of $10,000 is hereby appropriated, out of Appropriation, $10.000 any moneys in the general fund of the state treasury not otherwise appropriated, to carry out the provisions of this act. SEC. 10. All acts and parts of acts in conflict with this Conflicting act are hereby repealed. [Senate Bill No. 129-Senator Scott] CHAP. 209-An Act to amend sections 42, 54, 69 and 102 of an act entitled "An act providing a general corporation law," approved March 16, 1903. [Approved March 26, 1923] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: acts repealed corporation SECTION 1. Section 42 of the above-entitled act is hereby Amending amended to read as follows: law capital stock, Section 42. The decrease of capital stock may be effected Decrease of by retiring or reducing any class of stock, or by drawing how effected the necessary number of shares by lot for retirement, or by the surrender by every shareholder of his shares, and the issue to him in lieu thereof of a decreased number of shares, or by the purchase at not above par of certain shares for retirement, or by retiring shares owned by the corporation or by reducing the par value of shares; and when any corporation shall decrease the amount of its capital stock hereinbefore provided, by amendment pursuant to this and the two preceding sections, the certificate decreasing the same shall be published for three weeks successively, at least once in Publication each week, in a newspaper published in the county in which the principal office of the corporation is located; the first in newspaper Proviso may pay for labor, etc., in shares of stock publication to be made within fifteen days after the filing of SEC. 2. Section 54. Any corporation existing under any law of Corporation this state may issue stock for labor, or personal property, or real estate, or leases thereof; the judgment of the directors as to the value of such labor, property, real estate, or leases thereof, shall be conclusive as to all except the then existing stockholders and creditors, and as to the then existing stockholders and creditors it shall be conclusive in the absence of actual fraud in the transaction. Change of location of principal office, how made Fees of secretary of state Section 69 of the above-entitled act is hereby amended to read as follows: Section 69. Any corporation now existing or hereafter formed may change the location of its principal office by its board of directors adopting a resolution or by a resolution of its stockholders at any regular meeting or special meeting called for that purpose authorizing such change or removal. Such change in location of its principal office shall not be effective, however, until a certified copy of such resolution, certified by the secretary of the corporation under the seal of the corporation, shall be filed with the secretary of state, and a certified copy thereof filed with the clerk of each county to which and from which said principal office is removed. SEC. 4. Section 102 of "An act providing a general corporation law," approved March 16, 1903, and amendments thereto, is amended to read as follows: Section 102. On filing any certificate or articles or other paper relative to corporations in the office of the secretary of state the following fees and taxes shall be paid to the secretary of state for the use of the state: For certificate or articles of incorporation, twenty (20) cents for each one thousand dollars of capital stock authorized up to and including one million dollars; ten (10) cents for each one thousand dollars of capital stock authorized over one million dollars and up to and including five million dollars; and five (5) cents for each one thousand dollars of capital stock authorized over five million dollars, but in no case less than fifty ($50) dollars; consolidation and merger of corporations, twenty (20) cents for each one thousand dollars capital authorized beyond the total authorized capital of the corporations merged or consolidated up to one million of secretary dollars; ten (10) cents for each one thousand dollars of Fees capital of the corporations merged or consolidated over one of state million dollars and up to and including five million dollars; and five (5) cents for each one thousand dollars of capital of the corporations merged or consolidated over five million dollars, but in no case less than twenty ($20) dollars; increase of capital stock the same fees as would be required upon original incorporation, but in no case less than twenty ($20) dollars; extension or renewal of corporate existence of any corporation, one-half that required for the original certificate or articles of incorporation by this act; dissolution of corporation, change of nature of business, amended articles or certificate of incorporation or organization. (other than those authorizing increase of capital stock), decrease of capital stock, the increase or decrease of par value of or number of shares, twenty ($20) dollars; for filing list of officers and directors or trustees and name of agent in charge of principal office, two ($2) dollars; notice of removal of principal place of business, other than by amendment, two dollars ($2); for comparing any document to be certified when copy thereof is furnished, if any corrections are required to be made therein before certifying thereto, forty (40) cents for each folio of one hundred words of said document so compared; for certifying to copy of articles of incorporation, where copy is furnished, ten ($10) dollars; for certifying to copy of amendment to articles of incorporation, where copy is furnished, ten ($10) dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, ten ($10) dollars; for all certificates not hereby provided for, ten ($10) dollars; provided, that no fees shall be required No fees for to be paid by any religious or charitable society or educa- societies tional association having no capital stock; and provided further, that foreign incorporations shall pay the same fees Foreign to the secretary of state as are required to be paid by cor- fees porations organized under the laws of this state. certain corporation [Assembly Bill No. 31-Mr. Stites] CHAP. 210-An Act to amend sections 8, 10, 11, 13, 18, and 21 of an act entitled "An act to provide a general highway law for the State of Nevada," approved March 23, The People of the State of Nevada, represented in Senate and SECTION 1. Section 8 of the above-entitled act is hereby Amending amended to read as follows: Section 8. The highways which are constructed or improved by the department of highways in accordance with highway law |