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Deputies

and he shall also appoint as many deputies as the board of county commissioners shall deem necessary, and said board of county commissioners shall fix the compensation of the deputies so appointed.

The county commissioners of Esmeralda County shall receive Commission- the sum of six hundred ($600) dollars per annum each, and mileage at the rate of ten (10) cents per mile in going to the county-seat when attending a session of the board.

ers

compensa

tion

The above salaries shall be in full compensation for all servSalaries full ices and ex officio services to be performed by the abovenamed officers, both civil and criminal, and all percentages collected by the sheriff, as sheriff and ex officio assessor, shall All fees paid be paid into the treasury of Esmeralda County and no fees of any kind or character shall be allowed the above-named officers, and they shall receive no other compensation but the salary herein named, and they shall make full, true and correct reports of all fees collected by them, monthly, to the board of county commissioners of Esmeralda County.

to treasury

Legitimate traveling

expenses

In effect,
Jan. 1, 1915

Repeal

The county commissioners of Esmeralda County are hereby authorized to allow the traveling expenses of all the abovenamed officers when traveling either in Esmeralda County or elsewhere in performing the duties of their offices.

SEC. 2. This act shall take effect from and after January 1, 1915.

SEC. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Amending civil practice act

Summons, how served;

arrest, how made

CHAP. 240-An Act to amend certain sections of an act entitled "An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto," approved March 17, 1911.

[Approved March 25, 1913]

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

SECTION 1. Section eight hundred two of the above-entitled

act is hereby amended so as to read as follows:

may

be

Section 802. An order to arrest the defendant endorsed on a summons issued by the justice, and the defendant may be arrested thereon by the sheriff or constable, at the time of serving the summons, and brought before the justice, and there detained until duly discharged, in the following

cases:

1. In an action for the recovery of money or damages on a Jurisdiction cause of action arising upon contract, express or implied, when the defendant is about to depart from the state, with intent to defraud his creditors.

of justice court

2. In an action for a fine or penalty, or for money or property embezzled or fraudulently misapplied, or converted to his own use by one who received it in a fiduciary capacity.

3. When the defendant has been guilty of a fraud in contracting the debts or incurring the obligation for which the action is brought.

4. When the defendant has removed, concealed, or disposed of his property, or is about to do so, with intent to defraud his creditors.

SEC. 2. Section eight hundred ten of the above-entitled act Applicable to is hereby amended so as to read as follows:

Section 810. The sections of this act from section 209 to 226, both inclusive, are applicable to attachments issued in justices' courts, the word "constable" being substituted for the word "sheriff, whenever the writ is directed to a constable, and the word "justice" being substituted for the word "judge." SEC. 3. Section eight hundred thirty-six of the aboveentitled act is hereby amended so as to read as follows:

justice courts

ment in

Section 836. The justice must tax and include in the judg- What judgment the costs allowed by law to the prevailing party. The justice court party in whose favor judgment is rendered and who claims must include his costs must deliver to the justice, and serve a copy upon the adverse party, within two days after the verdict or notice of the decision of the justice, or such further time as may be granted, a memorandum of the items of his costs and necessary disbursements in the action, which memorandum must be verified by the oath of the party or his attorney or agent, or by the clerk of his attorney, stating that to the best of his knowledge and belief the items are correct and that the disbursements have been necessarily incurred in the action. He shall be entitled to recover the witness fees, although at the time he may not have actually paid them. It shall not be necessary to embody in the memorandum the fees of the justice, but the justice shall add the same according to his fees fixed by statute. Within two days after service of a copy of the memorandum, the adverse party may move the court, upon two days' notice, to relax and settle the costs, a copy of which notice of motion shall be filed and served upon the prevailing party claiming costs, and thereupon the justice shall settle the Judgment by costs. If the judgment is entered by default it shall not be necessary to make service of a copy of the cost bill.

default

how levied

SEC. 4. Section eight hundred forty-four of the aboveentitled act is hereby amended [so as] to read as follows: Section 844. The sheriff or constable to whom execution is Execution, directed must execute the same in the same manner as the sheriff is required by the provisions of chapter 42 of this act to proceed upon executions directed to him; and the constable, when the execution is directed to him, is vested for that purpose with all the powers of the sheriff. The sheriff or constable to whom the execution is directed must execute the same in the same manner as the sheriff is required by the provisions

Proviso

tice courts

of chapter 42 of this act to proceed upon executions directed to him, and the constable to whom the writ is given, and his successor in office, shall have all the powers and be subject to all the duties and liabilities therein given and imposed upon the sheriff; provided, that the sales of real property shall be made at the front door of the office of the justice of the peace; or if the sale be of real property in a county other than the one in which the judgment was rendered, the sale shall be at the front door of the office of the justice of the peace of the county in which the property is situated, nearest the property. SEC. 5. Section eight hundred forty-five of the aboveentitled act is hereby amended so as to read as follows:

Section 845. The provisions of chapters 42 and 43 of this Apply to jus act are applicable to justices' courts, the word "justice" being inserted in lieu of the words "judge" and "clerk" whenever they occur, and the word "constable" being substituted to that end for the word "sheriff"

In effect,
July 1, 1913

SEC. 6. This act shall take effect on July 1, 1913.

birds

CHAP. 241-An Act to prohibit the purchase or sale of game birds and animals.

[Approved March 25, 1913]

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

SECTION 1. Every person who buys, sells, or offers to sell, Sale of game or exposes for sale, barter or trade, any wild duck, wild goose, partridge, quail, grouse, pheasant, sagehen, rail, ibis, plover, or any variety of snipe, or shore bird, meadow lark, or robin, shall be guilty of a misdemeanor.

prohibited

Same for deer and antelope

Penalties

SEC. 2. Every person who buys or sells, or offers for sale, or trade or barter, any deer meat or antelope meat, is guilty of a misdemeanor.

SEC. 3. Every person violating any of the provisions of this act shall, upon conviction thereof, be punished by a fine of not less than ten ($10) dollars nor more than one hundred ($100) dollars, or by imprisonment in the county jail for a term of not less than five nor more than fifty days, or by both such fine and imprisonment.

CHAP. 242-An Act to amend section 126 of an act entitled "An act to provide revenue for the support of the govern ment of the State of Nevada, and to repeal certain acts relating thereto," approved March 23, 1891.

[Approved March 25, 1913]

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

SECTION 1. Section one hundred and twenty-six is hereby Amusement amended so as to read as follows:

licenses

provided for

option of

Section 126. The licenses provided to be granted by the May be provisions of this act, except theaters, menageries, or circus quarters or licenses, shall be granted for one, two, or four quarters at the years at option of the person applying for such licenses. The term licensee "quarter" wherever used in this act with reference to time, shall be construed to mean one quarter of a year, and said quarters shall begin with the months of January, April, July, and October of each and every year, and whenever any person, firm, association, or corporation shall apply for a license to conduct business in the middle of any quarter, or any part of a quarter, then said person, firm, association or corporation shall be required to pay said part or portion of the unexpired quarter in addition to the quarter immediately following, and said licenses shall be so arranged as to have said license fall and become due on the beginning of a quarter, and the sheriff and auditor shall have the right and authority to issue a license for a fractional quarter so as to have all licenses fall due at the beginning of a quarter as herein provided.

Fractional

quarters

CHAP. 243-An Act to amend sections twelve and thirteen of an act entitled "An act for the government and maintenance of the state orphans' home," approved March 1, 1873, as amended March 9, 1903.

[Approved March 25, 1913]

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

SECTION 1. Section twelve of the above-entitled act as amended is hereby amended so as to read as follows:

and

children may

home,

Section 12. Nothing in this act shall be construed to pre- Dependent vent the board of directors, at their discretion, from receiving neglected any child from its living resident parent, parents, guardian or be received guardians, upon a proper showing to their satisfaction of the at orphans' inability of such parent, parents, guardian or guardians, to though not support and care for such child; and that such board may orphans require the living parent, parents, guardian or guardians of such child, so admitted to contribute such sum to its support as said board may determine; provided, however, that the state

admitted are wards of

state

Provisos

orphans' home is hereby organized as a home for dependent or neglected children in addition to the other purposes for which the institution is established; and the board of directors are authorized and required to receive such dependent and neglected children as may be committed to the care of said institution by any district court of this state.

SEC. 2. Section thirteen of the above-entitled act as amended is hereby amended so as to read as follows:

Section 13. Children admitted to the state orphans' home All children under the provisions of section 12 of this act, as amended, are hereby declared and adjudged to be wards of the state as fully as whole orphans; provided, that children may be received by the board of directors of said orphans' home when committed to the same by the district court of the county in which such children reside; provided further, that if the district judge is absent from the county, or from any cause is unable to act when an application is made for the commitment of any dependent or neglected child to said orphans' home, the county commissioners are hereby authorized to commit such child to said orphans' home; but any such commitment by any said board of county commissioners is subject to review by the district court of the county from which the child was Expenses of committed; provided further, that the expenses, transportation certain chil- and maintenance of such dependent and neglected children, charge, when when committed to this institution by any district court or

dren county

board of county commissioners of the state shall become a charge against the county from which such dependent or neglected children are committed, such charge to be a reasonable rate to be fixed from time to time by the board of directCertain chil- ors of said orphans' home; and provided further, that no dependent or neglected child who is idiotic or who has any contagious disease shall be committed to or received by the board of directors into said institution.

dren barred

In effect

bonding

SEC. 3. This act shall take effect upon its passage and approval.

CHAP. 244-An Act to provide for bonding counties for building and equipping county high schools and dormitories or for either one of these purposes, and other matters properly connected therewith.

[Approved March 25, 1913]

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

SECTION 1. Whenever the county board of education in any Question of county having a county high school shall certify to the board counties for of county commissioners of such county that a new county submitted to high-school building or dormitory, or both of these are needed, popular vote or that it is necessary to enlarge one or both of the buildings

high school

in use, and that the cost of the same is such that it is expedient

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