Money, How to Be Used.

1267. SEC. 5. All moneys received for licenses under the provisions of this Act shall be paid, three-quarters into the county treasury, and one-quarter into the state treasury, for general county and state purposes respectively.

Owners of Property Subject to Prosecution in Certain Cases.

1268. SEC. 6. Every person who shall knowingly permit any of the games mentioned in the first section of this Act to be played, conducted, dealt or carried on in any house owned by him or her, in whole or in part, except by a person who has received a license, as herein provided, or his employee, and in the rooms described therein, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished as provided in section one of this Act.

Where Game Not to Be Carried On.

1269. SEC. 7. The licensee shall not carry on his game in any front room on the first or ground floor of any building, and if any person carrying on any of said games shall knowingly permit to enter or remain in any licensed room any person under the age of twenty-one years, he shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties, for violation of its provisions, as are prescribed in section one of this Act. As amended, Stats. 1893, 36. Licensed Games Cannot Be Suppressed.

1270. SEC. 8. No town, city, or municipal corporation in this state shall hereafter have power to prohibit, suppress, or regulate any gaming house or game licensed as provided by this Act.

Not Excusable from Testifying.

1271. SEC. 9. No person otherwise competent as a witness shall be disqualified or excused from testifying as such, either before a grand or petit jury, or any court, to any facts concerning the offenses mentioned in the foregoing sections of this Act, on the ground that his testimony may criminate himself.

Fee of District Attorney for Conviction.

1272. SEC. 10. The District Attorney of the county shall receive two hundred and fifty dollars for each conviction of any person charged with the commission of any of the offenses mentioned in this Act, which sum shall be taxed as costs in the action; but in no case shall such costs be a charge against the county.

Thieving Games Prohibited-Penalty.

1273. SEC. 11. Any person or persons taking out license to deal any of the games mentioned in section one of this Act, or any proprietor of any building in which any of said games are dealt, who shall knowingly or otherwise deal or allow to be dealt, any cheating or thieving game, or games known as "hogging games," shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties for violation of its provisions as are prescribed in section one of this Act.

STATUTES LICENSING GAMING ONLY PROTECTS FROM CRIMINAL PROSECUTION-GAMING DEBTS NOT RECOVERABLE. Scott v. Courtney, 7 Nev. 419.

See Evans v. Cook, 11 Nev. 69.

An Act to exempt incorporated cities and towns from the payment of costs in

certain cases.

Approved March 1866, 165.

Costs Not to Be Charged Against City or Town.

1274. SECTION 1. In any suit commenced, or hereafter to be commenced, in any incorporated city or town of this state for the collection of delinquent taxes, no costs shall, in any event, be charged against or collected from such city or town.

PUBLIC SCHOOLS.

An Act to provide for the maintenance and supervision of public schools.

What to Go Into School Fund.

Approved March 20, 1865, 413.

1275. SECTION 1. The principal of all moneys accruing to this state from sale of lands heretofore given or bequeathed, or that may hereafter be given or bequeathed for public school purposes, all fines collected under the penal laws of the state, two per cent of the gross proceeds of all toll roads and bridges, and all estates that may escheat to the state, shall be, and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other fund for other uses, but shall constitute an irreducible and indivisible fund, to be known as the state school fund, the interest accruing from which shall be divided semiannually among all the counties in this state entitled, by the provisions of this Act, to receive the same, in proportion to the ascertained number of persons between the ages of six and eighteen years in said counties, for the support of public schools. As amended, Stats. 1867, 89.

SECS. 2 and 3 (State Board of Education) are superseded, Secs. 1343–1346.

Election of Superintendent of Public Instruction.

1276. SEC. 4. The Superintendent of Public Instruction shall be elected by the qualified voters of the state, at the general election for state and county officers, to be held in the year eighteen hundred and sixty-six, and every four years thereafter at such general elections, and shall enter upon the duties of his office on the first Monday in January next after his election. He shall be paid a salary of two thousand dollars per annum.

Superintendent to Apportion Money to the Several Counties.

1277. SEC. 5. It shall be the duty of the Superintendent of Public Instruction, subject to the supervision of the State Board of Education, immediately after the State Controller shall have made his semi-annual report as hereinafter required, to apportion to the several counties the amount of school money in the state treasury, to which each shall be entitled under the provisions of this Act, in proportion to the number of persons between the ages of six and eighteen years residing therein, as shown by the last previous reports of the County Superintendent, and to furnish to the State Controller, to each County Treasurer, to each County Auditor, and to each County Superintendent, an abstract of such apportionment, and with such apportionment to furnish each County Treasurer his order on the State Controller, under the seal of the State Board of Education, for the amount of school moneys in the state treasury to which such counties shall be entitled, and to take such County Treasurer's receipt for the same. As amended, Stats. 1867, 90; 1877, 187.

Newnham v. State Board of Education, 18 Nev. 173.

Superintendent's Report.

1278. SEC. 6. The Superintendent of Public Instruction shall report to the Governor biennially, on or before the first 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 two hundred and fifty 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 for 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; the number of such attending public schools; the number of such attend

ing private schools; the number attending no school; the number under six years of age; the number between eighteen and twenty-one years of age; the amount of public school moneys apportioned to each county; the amount of money raised by county taxation, district tax, rate bills, subscription, or otherwise, by any city, town, district, or county, for the support of schools therein; the amount of money raised for building school houses; 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. As amended, Stats. 1869, 169.

Duties of Superintendent of Public Instruction.

1279. SEC. 7. The Superintendent of Public Instruction shall prescribe suitable forms and regulations for making all reports and conducting all necessary proceedings under this Act, and shall 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 more accurate returns from teachers of public schools, and shall furnish each County Superintendent with a number sufficient to supply at least one copy thereof to each district or school of such county. He shall prepare pamphlet copies of the school law, and all amendments thereto, and shall transmit a number of the same to the County Superintendents, sufficient to supply each and every School Trustee, School Marshal, and school teacher with at least one copy of the same. As amended, Stats. 1873, 156.

State Teachers' Institutes.

1280. SEC. 8. The Superintendent of Public Instruction, by and with the consent of the Board of Education, shall have power to convene a state teachers' institute annually, in such place, and at such time, as he may deem advisable, and shall preside over and regulate the exercises of such institute. He shall engage such lecturers and teachers as he may deem advisable to conduct the exercises of such institute, which shall be continued not less than five nor more than ten days. The expenses incurred in holding such state institute, not exceeding one hundred dollars, shall be paid out of the general fund; and the State Controller is hereby authorized and directed to draw his warrants for the same upon the order of the State Board of Education, approved by the State Board of Examiners. As amended, Stats. 1867, 90.

Visiting Schools-Expenses.

1281. SEC. 9. It shall be the duty of the Superintendent of Public Instruction to visit each county in the state, at least once in each year, for the purpose of visiting schools, of consulting County Superintendents, of lecturing and addressing public assemblies on subjects pertaining to public schools; and the actual traveling expenses incurred by the Superintendent in the discharge of his duty, 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. As amended, Stats. 1867, 91.

Superintendent to Deliver Books, etc., to Successor.

1282. SEC. 10. The Superintendent of Public Instruction shall, at the expiration of his term of office, deliver over, on demand, to his successor, all property and effects belonging to his office, and take his receipt for the same. amended, Stats. 1867, 91.

School Money to Be Paid Over, How.

As

1283. SEC. 11. It shall be the duty of the State Treasurer to pay over all public school moneys received by him only on warrants of the State Controller, issued upon orders of the Superintendent of Public Instruction, under seal of

the Board of Education, in favor of County Treasurers, or on orders of the State Board of Education, for purposes of investment, as provided in section three of this Act, which orders, duly indorsed, shall be valid vouchers in the hands of the State Controller for the disbursement of public school moneys. As amended, Stats. 1867, 91.

When Money to Be Paid Over.

1284. SEC. 12. All school moneys due each county in the state shall be paid over by the State Treasurer to the County Treasurers, on the tenth day of January and the tenth day of July of each year, or as soon thereafter as the County Treasurer may apply for the same, upon the warrant of the State Controller, drawn in conformity with the apportionment of the Superintendent of Public Instruction, as provided in section five of this Act. As amended, Stats. 1867, 91.

Controller to Keep Account.

1285. SEC. 13. The State Controller shall keep a separate and distinct account of the public school fund, and of the interest and income thereof, together with such moneys as shall be raised by state tax, or special appropriation, or otherwise, for the support of public schools.

Controller to Furnish Statements.

1286. SEC. 14. The State Controller shall, on or before the tenth day of April and the tenth day of October, of each year, make to the State Board of Education a statement of the securities belonging to the state school fund. He shall, also, on or before the tenth day of January and the tenth day of July, in each year, render to the Superintendent of Public Instruction a statement of the moneys in the treasury subject to distribution to the several counties of the state, as provided in section five of this Act. As amended, Stats. 1867, 91.

Duties of County Treasurers in Reference to School Moneys-Treasurer to Report to Superintendent-Penalty.

1287. SEC. 15. It shall be the duty of the County Treasurer of each county: First-To receive and hold as a special deposit all public school moneys, whether received by him from the State Treasurer or raised by the county for the benefit of public schools, or from any other source, and to keep a separate account thereof, and of their disbursements. Second-On receiving any public school moneys, subject to distribution, to notify the County Superintendent of Public Schools of the amount thereof. Third-To pay over all public school moneys received by him only on warrants of the County Auditor, issued upon orders of the County Superintendent of Public Schools of such county, which orders shall be valid vouchers in the hands of the County Auditors for warrants drawn upon such orders. Fourth-On or before the first day of October, annually, to make a full report to the Superintendent of Public Instruction of the public school moneys received into the county treasury within the school year ending on the last day of August next previous thereto, with a particular statement of the disbursement of the said school moneys, and of any amount of said school moneys which may remain in his hands for distribution at the close of such school year, designating whether of state or county school fund; and in case of the failure or neglect of said County Treasurer to make such report, he shall forfeit for the benefit of the county school fund the sum of one hundred dollars from his official compensation; and it is hereby made the duty of the County Commissioners, on notice from the Superintendent of Public Instruction, of such failure or neglect on the part of any County Treasurer, to deduct said one hundred dollars from his compensation, and place said amount to the credit of the county school fund. As amended, Stats. 1873, 157; 1877, 187.

Election of County Superintendent Oath Bond.

1288. SEC. 16. A County Superintendent of Public Schools shall be elected

in each county at the general election in the year eighteen hundred and sixty-six, and every two years thereafter, who shall take his office on the first Monday in January next succeeding his election, and hold for two years, and until his successor is elected and qualified. He shall take the oath or affirmation of office, and shall give an official bond to the county in a sum to be fixed by the Board of Commissioners of said county.

The District Attorney is ex officio County Superintendent in all counties except Lyon, in which the Recorder is ex officio Superintendent.

SEC. 17 superseded, Sec. 1338.

Duties of County Superintendent.

1289. SEC. 18. The County Superintendent shall have power, and it shall be his duty: First-To visit each public school in his county, within ten miles of the county seat, at least once in each term; provided, that he shall visit all the schools in his county once in each year; to exercise a general supervision over the interests of the public schools in his county, and give to the School Trustees, Marshals, and teachers such aid as may be important to the prosperity of the schools. Second-To distribute promptly such blank reports, forms, laws, and instructions as shall be received by him from the Superintendent of Public Instruction for the use of School Trustees, Marshals, and teachers, and any other officers entitled to receive the same. Third-To keep on file in his office the reports of the School Trustees, Marshals, and teachers received by him, and to record all his official acts in a book to be provided for that purpose, and at the close of his official term to deliver to his successor such records, and all documents, books, and papers belonging to his office, and to take duplicate receipts for the same, which shall be filed in the office of the County Treasurer and the County Auditor. Fourth-To make a full report annually, on or before the fifteenth day of September, for the school year ending on the last day of August next previous thereto, to the Superintendent of Public Instruction, such report to include an abstract of all the various annual reports of the City Boards of Education, School Trustees, Marshals, and teachers, by law required to be made to the County Superintendent for the preceding school year. Fifth-To preside over, regulate, and conduct all county teachers' institutes which may be called under the provisions of the section of this Act providing for the calling of such institutes. Sixth-To appoint School Trustees in all the districts in which the qualified voters fail to elect, and to fill by appointment all vacancies occurring in said office. Seventh-To draw his orders on the County Auditor in favor of the Board of Trustees, for warrants on the County Treasurer, for the purchase of school books which may be furnished by said Trustees to indigent children of the district, making the same payable out of the county school moneys apportioned to such district. As amended, Stats. 1867, 92; 1869, 169; 1873, 156; 1877, 189.

Failure to Make Report.

1290. SEC. 19. If the County Superintendent fail to make a full and correct report to the Superintendent of Public Instruction of all statements required to be made by law, he shall forfeit the sum of two hundred dollars from his salary; and the Board of Commissioners are hereby authorized and required to deduct therefrom the sum aforesaid upon information from the Superintendent of Public Instruction that such returns have not been made; and in case said Superintendent remains delinquent for a period of two months, it shall be the duty of the State Superintendent of Public Instruction to give notice to the Board of County Commissioners of such county of the removal from office of said delinquent, and the appointment of some other person to fill the vacancy.

Teachers' Institutes.

1291. SEC. 20. The County Superintendent shall have the power to call one or more teachers' institutes annually, and the expense of such institutes shall be payable out of the county general fund, upon the warrant of the County Superin