defendant be actually serving a jail sentence imposed under this act and enforced before the expiration of said two years in accordance with the provisions of this act, then in such case the defendant shall not be finally discharged until the expiration of any such sentence.

SEC. 7. Officers to File Complaints. Probation officers having the powers of sheriffs or police officers, as well as county prosecuting attor neys, shall have the right and be vested with all power necessary to file complaints against any person under this act and to prosecute any such case. In all such cases it shall be the duty of the county prosecuting officer representing the people to prepare any such complaints and prosecute any such cases for such probation officer when so requested by such officer or judge of the juvenile department of the district court; but nothing herein shall be construed to interfere with any county prosecutor representing the people prosecuting such cases under this or any other act as in other criminal cases.

SEC. 8. (a) Construction. In order to find any person guilty of violating this act it shall not be necessary to prove that the child has actually become dependent or delinquent, provided it appears from the evidence that through any act of neglect or omission of duty or by any improper act or conduct on the part of any such person the dependency or delinquency of any child may have been caused or merely encouraged.

8. (b) This act shall always be liberally construed in favor of the state for the purpose of the protection of the child from neglect or omission of parental duty toward the child by the parents, as well as also to protect the children of the state from the effects of the improper conduct, acts, or the bad example of any person or persons whomsoever, which may be calculated to cause, encourage, or contribute to the dependency or delinquency of the children, although such persons are in no way related to the child.

8. (c) Nothing in this act shall be construed to be in conflict with or to repeal or prevent proceedings under any act or statute of this state which may have otherwise defined any specific act of any person as a crime of any character, which act might also constitute contributory delinquency, or contributory dependency, or to prevent or interfere with proceedings under any such acts, nor shall it be construed to be inconsistent with or to repeal any act providing for the support by parents or parent of their minor children, or any act providing for the punishment of cruelty to children, or the taking of indecent liberties with, or selling liquor, tobacco, or firearms to children, or permitting them in evil or disreputable places, and nothing in any such acts or similar acts shall be construed to be inconsistent with or to repeal this act or prevent proceedings hereunder, but in all cases where there shall be more than one prosecution for the same offense, under whatever acts of the character herein described, the fact may be given in evidence to the judge of the court, and may be in the discretion of the court considered in mitigation of any sentence in any such cases.

8. (d) Invalidity of any portion of this act shall not affect the validity of any other portion thereof which can be given effect without such invalid part.

DELINQUENT CHILDREN TO BE PROVIDED FOR-NEVADA HOME OF INDUSTRY ESTABLISHED

An Act establishing a state institution for delinquent boys, providing for the purchase of a site, erection of buildings, organizing the government of said school, and providing for the maintenance thereof, and creating a tax levy to raise funds for such purposes.

School Established.

Approved March 26, 1913

SECTION 1. There shall be established in the manner hereinafter provided a state institution to be known as "The Nevada School of Industry" For Delinquent Boys-Permanent Board Authorized to Provide for Children of Either Sex.

SEC. 2. Said school shall be designated and calculated to provide a suitable home for boys committed thereto under the laws of Nevada relating to the care of children who have been adjudged delinquent, and for the moral, industrial, and general education of such boys; provided, that the permanent board of government hereinafter created shall be authorized to provide for the care of delinquent children of either sex properly committed thereto, either at this school, or by sending female delinquents to other institutions of a like kind for females, and are authorized to pay the expense of transportation and maintenance of children sent to such other institution out of the fund hereinafter created by this act.

Governor to Appoint Commission-School in Elko.

SEC. 3. It shall be the duty of the governor of Nevada, on or before the thirty-first day of March, 1913, to appoint two persons who, together with the governor, shall constitute a commission for the establishment of a school of industry at the town of Elko, Elko County, Nevada, upon a ten-acre site to be deeded to the state without charge; conditioned upon the payment to the commission by the citizens of Elko of the sum of five thousand dollars to assist in the construction of suitable buildings for such home.

Commission to Secure Plans for Buildings.

SEC. 4. Upon the choice of such site having been made, it shall be the duty of such commission to advertise in such Nevada and other newspapers as to the commission shall seem best for the architectural designs and plans for such building or buildings as shall be deemed requisite by the commission for such school and for the carrying out of its purposes, and said commission shall include in such advertisement a brief description of the character, size, and cost limit of the building or buildings to be constructed; said advertisement shall state that all designs, plans, and estimates for the cost of construction thereof shall be received by the commission. The commission shall have the power to reject any and all designs and plans submitted.

Commission May Employ Architect.

SEC. 5. The said commission shall, after passing on said designs, have power, in the event of no design having been accepted, to employ an architect of their choice to make under their direction a proper design with plans and specifications, all to be approved by the commission and at a cost also approved by them. The commission shall likewise have power to modify any accepted plans or designs as they see fit.

Contracts To Be Let.

SEC. 6. Immediately upon the acceptance or adoption of a design and plans and specifications, with their modifications, if any, the said commission shall, under the advice of the attorney-general, let a contract or contracts for the construction thereof, with suitable indemnity bond or bonds to be approved by a majority of the commission and by the state treasurer. Said commission shall have full power to prescribe the course of procedure to be by them adopted for the securing, submission, and opening of bids, and awarding of contracts thereon, or said commission may, if in their judgment deemed best, negotiate for the construction by contract without competitive bidding thereon.

Clerk To Be Appointed.

SEC. 7. Said commission shall have authority to employ a clerk to keep its records and accounts, and to incur such expense as may be necessary for architectural advice, stenographic service, and any other incidental expense as shall be approved as necessary by the commission. All Expenditures Published.

SEC. 8. All expenditures made by said commission in the performance of the duties in this act imposed, shall be audited by the state controller, and once every month said auditor shall publish in some newspaper of general circulation in Nevada, an abstract of expenditures to date, up to the time of the completion of said building or buildings.

Governor and Four Appointees to Constitute Permanent Board-Superintendent-Salary.

SEC. 9. The permanent board of government of said institution shall consist of the governor of Nevada and four persons to be appointed by him, and removable by a majority vote of the members of the board. The terms of office of such members, other than the governor, shall expire one each year, beginning January 1, 1915, and in the appointments the times of expiration of the first appointees shall be designated in the respective appointments, and thereafter their terms of office shall be four years each. The members of said board shall serve without compensation, but necessary and reasonable expenses incurred by them in the performance of their duties as members of said board shall be paid out of the appropriations made for the maintenance of said school, when approved by the board. They shall appoint a superintendent of the school, whose salary shall be not more than $2,400 per year, payable monthly, and who shall hold office during the pleasure of the board. The board of government is hereby authorized to accept gifts, and in order that the home herein provided for may be prepared as soon as possible, to borrow money at a rate not to exceed 6 per cent, to be repaid from the fund created by this act.

Bond of Superintendent.

SEC. 10. The superintendent shall give such bond for the faithful performance of his duties as shall be prescribed from time to time by the board, and shall, subject to the regulations prescribed by the board, be invested with the custody of the lands, buildings, and other property belonging to the institution. He shall appoint, subject to the approval of the board, all teachers, officers, and employees who shall hold office during his pleasure.

Education and Training of Inmates.

SEC. 11. The board shall cause to be organized and maintained a department of instruction for the inmates of said school, with a course of study corresponding, so far as practicable, with the course of study in the state public schools and not higher than the high-school courses. They shall adopt a system of government embracing such rules and regulations as are necessary for the guidance of the teachers, officers, and employees, for the regulation of the hours of labor and study, for the preservation of order, for the enforcement of discipline, and for the industrial training of the inmates. The ultimate purpose of all such instruction, training, discipline, and industries shall be to qualify inmates for profitable and honorable employment and to enable them to lead useful lives after their release from the institution rather than to make said institution self-supporting.

School Regulations and Rules.

SEC. 12. The rules and regulations of said school and the conduct thereof by said board and said superintendent shall be in strict harmony with and obedience to the laws of the State of Nevada, and the judgments and orders of the districts courts of the several judicial districts rendered and made in accordance with the laws of Nevada.

Construction of this Act—Inmates May Receive Moderate Pay in Lieu of Clothing, Etc.

SEC. 13. This act shall be construed in conformity with the intent as well as the expressed provisions thereof, and shall confer upon the board authority to do all those lawful acts which it deems necessary to promote the prosperity of the school, and the well-being and education of its inmates, including the organization of trade schools, purchase of materials for use therein, and the doing of all other things, not prohibited, which are required to carry out the purposes of this act. The board is further authorized to pay those committed to said school small weekly or monthly sums in lieu of clothing and other necessary articles, if, in its judgment, such a course would better promote discipline and training; and for this purpose and also to meet small current and incidental expenses the said board is hereby authorized to place in the hands of the superintendent of this industrial school, through requisitions approved by the state board of examiners, and issued and paid by warrants as provided herein, sums of money, not to exceed five hundred dollars at any one time; provided, that the superintendent shall make a complete financial report each month to the board of trustees of all moneys handled by him.

Courts to Commit Boys to Institution.

SEC. 14. When the premises are ready for occupancy, the governor shall make due proclamation thereof. Thereafter it shall be lawful for the courts to commit to said institution those boys whom they shall have found to be delinquents as provided by law.

Special State Tax of Two Cents.

SEC. 15. For the fiscal year commencing January 1, 1913, and the fiscal year commencing January 1, 1914, an ad valorem tax of two cents on each one hundred dollars of taxable property is hereby levied and directed to be collected, for the purposes of this act, upon all the taxable property in this state, including the net proceeds of mines and mining

claims, except such property as is by law exempt from taxation, and all money derived from said taxes shall be paid into the treasury to the credit of the Nevada school of industry fund hereby created.

DEPENDENT, NEGLECTED, OR DELINQUENT CHILDREN

An Act relating to children who are now or who may hereafter become dependent, neglected or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption, and guardianship of the person of such child or children.

Approved March 24, 1909

SECTION 1. This act shall be known as the "Juvenile Court Law" and shall apply only to children under the age of eighteen years not now or hereafter inmates of a state institution, except as otherwise herein provided.

For the purposes of this act the words "dependent child" and "neglected child" shall mean any child who, while under the age of eighteen years, for any reason is destitute, homeless, or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill-fame, or with any vicious or disreputable person, or has a home which by reason of neglect, cruelty, or depravity on the part of its parents, guardian, or any other person in whose care it may be, is an unfit place for such child, or who, while under the age of ten years, is found begging, peddling, or selling any article or articles, or singing or playing any musical instrument for gain, or giving any public entertainments upon the street, or accompanies or is used in the aid of any person so doing; or is incorrigible, or knowingly associates with thieves, vicious or immoral persons; or without just cause, and without the consent of the parents, guardian, or custodian absents itself from its home or place of abode, or is growing up in idleness or crime; or knowingly frequents or visits a house of ill-fame or ill-repute; or knowingly frequents or visits any policy shop or place where any gaming device is operated, or patronizes, visits, or frequents any saloon or dram shop where intoxicating liquors are sold; or patronizes any public poolroom where the game of billiards or pool is being carried on for pay or hire; or who wanders about the streets in the night time without being on any lawful business or any lawful occupation; or habitually wanders about any railroad yards or tracks, or jumps or attempt to jump onto any moving train; or enters any car or engine without lawful authority, or writes or uses vile, obscene, profane, or indecent language, or smokes cigarettes in any public place or about any schoolhouse; or is guilty of indecent, immoral, or lascivious conduct; any child committing any of these acts shall be deemed a delinquent child, and when proceeded against, such proceedings shall be on behalf of the state in the interest of the child and the state, with due regard for the rights and duties of parents and others, by petition to be filed by any reputable person, and to that end it shall be dealt with, protected, and cared for in the district court as a ward of the state in the manner hereinafter provided.