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tion thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing.

SEC. 47.

This act shall not affect any action pending or Not retrocause of action existing on June 30, 1913.

SEC. 48. This act shall be effective July 1, 1913.

SEC. 49. All acts and parts of acts in conflict herewith are hereby repealed.

CHAP. 112-An Act for the relief of Julius Huebner of
Eureka, Eureka County, Nevada.

[Approved March 15, 1913]

active

In effect
July 1, 1913

Julius

WHEREAS, During the months of March and April, 1910, Relief of Julius Huebner of Eureka, Eureka County, Nevada, rendered Huebner services as special watchman at the Eureka county bank, consisting of twelve shifts at four dollars per shift, amounting in all to the sum of $48; and

WHEREAS, Said services were rendered by the said Huebner under the direction of M. M. Van Fleet, who was at said time the state bank examiner; and

WHEREAS, On account of the sudden death of the said M. M. Van Fleet, the said claim of the said Huebner has never been paid; and

WHEREAS, The said claim of the said Huebner has been allowed by the state board of examiners, and approved for the sum of $48 and is a just and legal claim against the state; now, therefore,

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

tion, $48

SECTION 1. The sum of $48 is hereby appropriated out of Appropriaany money not otherwise appropriated in payment of the aforesaid claim of Julius Huebner, and the state controller is authorized to draw his warrant in favor of the said Julius Huebner for the said sum of $48, and the state treasurer is directed to pay the same.

CHAP. 113-An Act to amend an act entitled "An Act concerning public schools, and repealing certain acts relating thereto," approved March 20, 1911.

[Approved March 17, 1913]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

school

SECTION 1. Section one hundred twenty-two of "An act Taking of concerning public schools and repealing certain acts relating census thereto, approved March 20, 1911, is hereby amended to read as follows:

Districts

divided into two classes

Teachers shall take census in

districts of second class; proviso

Census

marshal in

districts of

first class

be marshal

Section 122. For the purpose of securing the school census each year in the State of Nevada, the school districts of the state are hereby classified as follows: All school districts having thirty or more school census children at the last preceding school census shall be known as districts of the first class. All school districts having fewer than thirty census school children at the last preceding school census shall be known as districts of the second class.

In all school districts of the second class as described in this section the regularly appointed and qualified teachers shall be ex officio school census marshals and shall serve without compensation for such services as census marshals; provided, that if there shall not be any regular teachers employed and engaged in teaching in any school district of the second class as described in this section on the first day of March of each year, then it shall be the duty of the trustees of such districts to appoint on the said first day of March of each year a competent person over twenty-one years of age as census marshal for the district in the same manner as provided herein for appointment of census marshals in school districts of the first class, and in case a census marshal is appointed in such school district of the second class because there is no teacher therein, then the said marshal shall be paid for the services in the same manner as marshals in the districts of the first class are paid.

It shall be the duty of the board of trustees of each school district of the first class as described in this section to appoint a competent person over twenty-one years of age as school census marshal before the first day of March of each year, and to notify the deputy superintendent of public instruction of such appointment immediately after it is made. This section shall Woman may not be construed in such a way as to prevent a member of the board of school trustees or of a woman as school census marshal. If the board of school trustees shall fail to appoint a school census marshal in any district of the first class as described in this section, or in any district of the second class when necessary, as provided in this section, before the fifteenth day of March of each year, the deputy superintendent of public instruction shall appoint the census marshal for such school districts, such appointee to proceed in like manner as if appointed by the school trustees, and any appointment of census marshal made by the trustees subsequent to that time shall be void.

Deputy superin

tendent to appoint

marshal,

when

Marshals

tions of

districts

SEC. 2. Section one hundred twenty-four of the aforesaid act is hereby amended to read as follows:

Section 124. The board of trustees shall designate to each census marshal the portion of the school district in which the assigned por- said marshal shall take the census, and each census marshal shall be responsible for a correct census in the territory to which he is appointed, and he shall return his census reports to the clerk of the board of trustees. The board of trustees shall, in case of two marshals in the same district, designate

which marshal shall compile the final report for the deputy superintendent of public instruction and the board of trustees. Before the school census marshal shall enter upon the per- Marshal's formance of his duties, he shall take and subscribe to the oath of office, and such oath shall be filed in the office of the deputy superintendent of public instruction.

oath

in April

It shall be the duty of the school census marshals to take Census taken annually in the month of April a census of the resident children of the districts for which they shall be appointed, and to report the same to the deputy superintendent of public instruction. The term "resident children" as used in this section shall be defined in such a way as to include:

1. Children residing with their parents or guardians in such "Resident district.

2. Children temporarily residing outside of said district for the purpose of attending institutions of learning or benevolent institutions, except those children who shall be residents of a state orphans' home, in which case the said residents of a state orphans' home shall be taken in the district in which the state orphans' home shall be located; provided, that the parents of resident children of any district must have resided in the district on the first day of April; and provided further, that the resident children must themselves have been actual residents of the district immediately previous to such outside residence.

children" defined

The term "resident children" is further defined as to exclude: What 1. Children temporarily visiting in or passing through said included district.

2. Children who have never actually resided within the district, even though their parents or guardians shall reside within the district.

3. Children who are residing in the district for the purpose of attending institutions of learning or benevolent institutions, except the children of a state orphans' home whose census shall be taken in the district in which the state orphans' home shall be located.

4. All children who may properly be included in the census of some other district.

5. Indian children who shall not have attended public schools at least eighty days in the twelve months preceding the date of taking the census during the last preceding year.

SEC. 3. Section one hundred twenty-six of the aforesaid act

is hereby amended to read as follows:

marshals

Section 126. The reports of the school census marshals shall Reports of be made upon blank forms to be furnished by the superintendent of public instruction, and shall show the following

facts:

1. The full names of all children less than eighteen years What of age and residing in the district on the first day of April, such reports shall names to be given by families under the name of the parents

or guardian.

show

In effect
July 1, 1913

2. The year, month, and day on which each child was born, and the age in years, counting to the first day of April.

3. The sex and race of each child.

4. The place of birth of each child and of each parent. 5. The total number of children less than six years of age; the total number of children not less than six years of age nor over eighteen years of age. Only those children who are not less than six years of age nor more than eighteen years of age shall be considered as school census children.

6. Such other facts as the superintendent of public instruction may require.

SEC. 4. This act shall take effect on July first, nineteen hundred thirteen.

SEC. 5. All acts or parts of acts in conflict with this act are hereby repealed.

Teachers' certificates

CHAP. 114—An Act to amend an act entitled "An act concerning public schools, and repealing certain acts relating thereto," approved March 20, 1911.

[Approved March 17, 1913]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section seventeen of the above-entitled act (section 3255 of the Revised Laws of Nevada, 1912) is hereby amended so as to read as follows:

Section 17. All teachers' certificates and life diplomas shall be granted by the state board of education, and said board and diplomas shall grant only those classes and grades described in this act; state board provided, that deputy superintendents of public instruction may of education issue temporary certificates in accordance with the regulations of the board and on conditions hereinafter named; and provided further, that all teachers' certificates previously issued by legally constituted authorities shall remain valid for the time and under the conditions of the original issue unless revoked in accordance with law. In case of the renewal of any grammar-grade certificate now in force, an elementary certificate of the first grade shall be issued instead of said grammargrade certificate.

Provisos

High-shool certificate

SEC. 2. Section twenty four of the above-entitled act (section 3262 of the Revised Laws of Nevada, 1912) is hereby amended so as to read as follows:

Section 24. The high-school certificate shall be valid for four years from the date of issuance and shall be issued on examination in the following subjects: (a) English grammar, spelling, arithmetic, geography, English literature, general history, history of the United States, civil government, current events, algebra, plane geometry, physics, and history and methods of teaching; (b) Any one of the following foreign

languages: Latin, French, German, Spanish; (c) and any three of the following additional subjects: Rhetoric, English history, solid geometry, physical geography, chemistry, botany, and zoology; provided, that no high-school certificate on Provisos examination shall be issued to any person whose general average is less than ninety per cent; and provided further, that such certificate shall not be issued to any person under twenty years of age. Credit may be allowed to applicants for any subject in the above list satisfactorily completed in a standard college, or to applicants holding a Nevada elementary certificate of first grade for a standing of ninety or more made in any of the above subjects as shown on such elementary certificate and record thereof on file in the state superintendent's office. The Renewed, high-school certificate may be renewed by the state board of education according to such rules and regulations as the board may prescribe.

SEC. 3. Section twenty-five of the above-entitled act is hereby amended so as to read as follows:

how

tificate, first

Section 25. The elementary school certificate, first grade, Elementary shall be valid for three years from the date of issuance, and shall school cer be issued upon examination in the following subjects: Spelling, grade reading, writing, English grammar, mental arithmetic, written arithmetic, physiology and hygiene, history of the United States, geography, general history, drawing, music, business forms, civics, current events, and theory and methods of teaching; provided, that such certificate shall not be issued on examination to any person whose general average is less than eighty-five per cent or whose grade is less than sixty-five per cent in any one subject. The elementary certificate, first grade, shall not be issued to any person under twenty years of age nor to any person who has had less than sixteen months of successful experience in teaching. Such certificate may be renewed by the state board of education according to such rules and regulations as the board may prescribe.

Any person who shall at any regular examination make a grade of eighty-five per cent or more in any subject or subjects shall receive credit for such subject or subjects toward a firstgrade elementary certificate; and the state board of education may allow credits for satisfactory work done by applicants for certificates on examination, in a standard summer school, in determining their per cent standing in any subject or subjects. SEC. 4. Section twenty-six of said act (section 3264 of Revised Laws of Nevada, 1912) is hereby amended so as to read as follows:

second

Section 26. The elementary certificate, second grade, shall Same, be valid for two years from the date of issuance and shall be grade issued upon examination in all subjects required for the firstgrade elementary certificate; provided, that a second-grade elementary certificate shall not be issued to any person whose general average is less than seventy-five per cent or whose grade is less than sixty per cent in any one subject; and, pro

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