paid by city SEC. 73. When Insufficient, Deficit Paid by City. Should any When deficit special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid. ment, when SEC. 74. New Assessment, When. Whenever any special New assess assessment shall, in the opinion of the board, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board shall, whether the improvement has been made or not or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act. Previous payments. SEC. 75. Previous Payments, How Applied. Whenever any sum or part thereof levied upon any premises in the assesshow applied ment so set aside has been paid and not refunded the payment so made shall be applied upon the reassessment on said premises. Special assessment, SEC. 76. Special Assessment, How Enforced. When any special assessment shall be approved and payable the board may direct howenforced the city clerk to report to the assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed respectively. Upon receiving such report the assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed as a tax in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the city in any court of competent jurisdiction. The special assessment roll and the certified ordinance or resolution approving the same shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor. SEC. 77. Irregularities, How Remedied. If in such action. provided for in the preceding section it shall appear by reason ties, how defined of any irregularity or informality the assessment has not been Irregulari- SEC. 79. In Effect. This act shall take effect from and after In effect its passage. CHAP. 133-An act concerning public schools, and repealing certain acts relating thereto. [Approved March 20, 1911] The People of the State of Nevada, represented in Senate and CHAPTER 1 STATE BOARD OF EDUCATION of education SECTION 1. The state board of education shall consist of State board the governor, the superintendent of public instruction, and the president of the university. SEC. 2. The governor shall be the president, and the super- Officers of intendent of public instruction the secretary of the board. board SEC. 3. The board shall meet at the call of the secretary, Time of but shall hold at least two meetings a year. meeting SEC. 4. The powers and duties of the board shall be as Powers and follows: 1. To prescribe and cause to be enforced the courses of study for the public schools; 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 such adoptions; 3. To revoke or suspend for immoral or unprofessional conduct, evident unfitness for teaching, or persistent defiance of and refusal to obey the laws of the state, or the rules duties of K duties of board 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 Powers and 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; Election of ent of public superintend instruction Duties of said officer 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 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 publie 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. CHAPTER 2 SUPERINTENDENT OF PUBLIC INSTRUCTION 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. 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 Visit schools for the purpose of conducting institutes, visiting schools. consulting with school officers, and addressing public assenblies on subjects pertaining to the schools; and the necessary traveling expenses incurred by the superintendent in performance of such duties, such traveling expenses to include the cost of transportation and board while absent from his place of residence, 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; Apportion school funds biennially 4. To report to the governor biennially, on or before the Report 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 statement of the condition and amount of all funds and property appropriated 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 twentyone years of age; the amount of public school moneys apportioned 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 Rules 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 instructions 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 convenient 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 Teachers' institutes County institutes Meetings of state board of education Nominate deputies and all amendments thereto, and shall transmit 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 they 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 instruetion; and provided, that 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 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. Other duties Schools as may be prescribed by law; Printing 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 superin |