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Conviction, how entered.

rily, for which an order shall be made reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the Justice, a warrant of arrest may be issued by such Justice, on which the person so guilty may be arrested and brought before the Justice immediately, when an opportunity to be heard in his defense, or excuse, shall be given. The Justice may thereupon discharge him, or may convict him of the offense. A Justice may punish; for contempts, by fine or imprisonment, or both; such fine not to exceed, in any case, one hundred dollars, and such imprisonment one day.

SEC. 105. The conviction, specifying particularly the offense, and the judgment thereon, shall be entered, by the Justice, in his docket.

Subpoenas.

SUBPOENAS AND FINAL PROCESS.

SEC. 106. Justices of the Peace may issue subpoenas in any action or proceeding in the courts held by them, and final process on any judgment recovered therein, to any part of the county.

Commis

sioner to

DEPOSITIONS.

SEC. 107. Justices of the Peace shall issue commissions to take take the depositions of witnesses out of this State, and settle depositions. interrogatories to be annexed thereto, and direct the manner in which the commissions shall be returned. The provisions of the Civil Practice Act, on this subject, shall, so far as the same are consistent with the jurisdiction and practice of Justices' Courts, apply to actions and proceedings therein.

Costs.

Civil
Practice Act,

what parts
to apply to

Courts.

COSTS.

SEC. 108. Costs shall be allowed to the prevailing party in Justices' Courts. Justices of the Peace may, in all cases, require a deposit of money or an undertaking as security for costs, before issuing a summons.

SEC. 109. The following parts of the Civil Practice Act, and no others, except as elsewhere in this Act, or other Acts, provided, shall apply to proceedings and practice in Justices' Courts: The sections in Title First of said Act; Sections Thirty-Two, Two Hundred and Forty-Three, Three Hundred and Seventeen, Three Hundred and Eighteen, Three Hundred and Nineteen, Three Hundred and Twenty, Three Hundred and Twenty-One, and Three Hundred and Twenty-Two; Section Three Hundred and Forty; Section Three Hundred and Forty-Two; Sections Three Hundred and Forty-Three to Three Hundred and Sixty-Four, inclusive; Sections Three Hundred and Sixty-Six, Three Hundred and Sixty-Seven, and Three Hundred and Sixty-Eight; Sections Three Hundred and Seventy-One to Four Hundred and One, inclusive; Sections Four

Hundred and Sixty-Two to Four Hundred and Seventy, inclusive; Sections Four Hundred and Seventy-Three and Four Hundred and Seventy-Four; Section Five Hundred and Seventy-Six; Sections Five Hundred and Eighty and Five Hundred and Eighty-One. But the necessary changes in the words shall be made, so as to adapt these sections to the jurisdiction and practice of Justices' Courts. And where the said sections, or any of them, or any parts thereof, are, or shall hereafter be, amended, such sections, as amended, or the sections amended. corresponding to the sections above named, shall, with the necessary changes, be applicable to the jurisdiction and practice in Justices' Courts, so far as they are consistent with such practice and jurisdiction.

CHAPTER XI.-NEW TRIAL.

causes

execution.

SEC. 110. A new trial may be granted by the Justice, on New trial, motion, within four days after the entry of judgment, for any for what one of the following causes: First-Accident or surprise, granted. which ordinary prudence could not have guarded against. Second-Excessive damages appearing to have been given under the influence of passion. Third-Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the time. But no motion for a new trial shall stay Stay of execution, unless the Justice shall make an order granting a stay. The motion for a new trial shall be filed with the Justice within two days after judgment is rendered, and a copy thereof, and of the affidavits, if any, served within that time on the adverse party or his attorney. It shall state the grounds upon which the party intends to rely. If affidavits are filed in support of the motion, the adverse party shall have one day to file counter affidavits on the motion; but the motion shall, in all cases, be heard and decided by the fourth day after the judgment was rendered. No copies of the counter affidavits need be served.

CHAPTER XII.-APPEALS.

Motion.

SEC. 111. Any party dissatisfied with a judgment rendered Appeal, how in a Justice's Court may appeal therefrom to the District Court perfected. held at the county in which such Justice's Court is situated. Such appeal shall be perfected and the papers filed in the District Court within fifteen days after the rendition of the judgment in the Justice's Court; and if the appeal is not perfected and the papers are not filed in the District Court within such time, the District Court shall, on the production of a certificate from the Justice, to the effect that an appeal has been taken, but not perfected, or that the papers have not been ordered up, or the proper costs not paid, or any other necessary step not taken, dismiss the appeal at the costs of the appellant; in which case a certificate of dismissal shall be transmitted, under the seal of the District Court, to the Justice's Court, with a

How taken and deter

mined

Certified copy of

statement of the costs in the District Court, and no other or further appeal shall be taken.

SEC. 112. After the passage of this Act, appeals from Justices' Courts shall be taken and determined only in the manner herein provided. Such appeal shall be taken by filing with the Justice a notice of appeal and by serving a copy of such notice on the adverse party, or his attorney, which notice shall be filed and a copy served within five days after the judgment.

SEC. 113. As soon as the notice of appeal is filed, and the docket to be costs of the appeal papers paid, and a stipulation filed as required transmitted. in the one hundred and fourteenth section of this Act, the Justice shall at once transmit all the papers in the case, including the appeal papers, with a certified transcript of his docket entries, to the District Court; and the Justice may be compelled by the District Court, by an order, upon motion and cause shown, to transmit such papers, and may be fined by the District Court for neglect or refusal to transmit the same within the proper time.

Trial to be

de novo.

Appeal made effectual.

Stipulation

SEC. 114. In the District Court the trial shall be de novo; but the same cause or causes of action, and no other than those on which the appeal is taken, shall be tried; but amendments of pleadings, which do not change the cause of action, shall be allowed. Where no answer was filed or issue joined in the Court below, the defendant shall join issue or file his answer immediately before the trial in the Court above. The parties may waive a jury, or agree upon any number of jurors, not less than three. The District Court shall exercise all powers, and issue all necessary writs and process in like manner as in cases of original jurisdiction.

SEC. 115. An appeal from a Justice's Court shall not be effectual for any purpose unless a stipulation be filed, with two or more stipulators, in the sum of one hundred dollars, for the payment of costs of the action, or if a stay of proceedings be claimed, in a sum equal to twice the amount of the judgment, including costs of the action, when the judgment is for the payment of money, or twice the value of the property, including costs of the action, when the judgment is for the recovery of specific personal property; and such stipulation shall be substantially in the following form:

STATE OF NEvada,

County of....

SS.

(Name of Court-Title of Case.)

We (naming the stipulators) hereby confess ourselves severally indebted to (naming the party or parties for whom the judgment was rendered), in the sum of (naming the amount), which sum is to be levied of our respective goods and chattels, or lands and tenements, in case the appeal in this suit is not prosecuted, or is dismissed, or in case judgment is rendered in the District Court against the appellant. (Signatures.)

.

JUSTIFICATION.

We, (giving the names of the stipulators) stipulators in the Justification above stipulation, each for himself, and not one for the other, being duly sworn, on his oath states, that he is a resident of said county, and a freeholder, or householder, therein, and is worth double the amount specified in the foregoing stipulation, over and above his just debts and liabilities, exclusive of property exempt from execution. (Signatures.)

JURAT OF THE JUSTICE.

executed.

SEC. 116. The stipulation may be executed by a sufficient How stipulanumber of stipulators who can justify, in the aggregate, in an tion may be amount equal to double the amount specified in the stipulation, or a deposit may be made of the amount of the judgment, including the probable costs in the appellate Court, or the value of the property, with such costs, which deposit shall be made with the Justice and shall by him be transmitted to the Clerk of the District Court, to be paid out on the order of the Court. The adverse party may be present at the giving of the Adverse stipulation and except to the sufficiency of the stipulators, and party may the Justice shall decide as to their sufficiency on such exception, but in no case shall the justification be omitted.

except.

execution to

SEC. 117. If the appeal be dismissed, and a certificate of When dismissal transmitted to the Justice, as provided in section one be issued. hundred and ten of this Act, the Justice shall, without further notice or proceedings, issue execution against the appellant and the stipulators, for the amount of the judgment and costs, together with the costs in the Appellate Court, if the appeal be one where a stay of proceedings has been had; or, if no stay of proceedings has been had, the execution shall issue in like manner for all costs which have accrued and are unpaid.

SEC. 118. In the District Court where judgment is rendered Judgment. against the appellant, it shall also be rendered at the same time, without further notice or proceedings, against the stipulators, as though they were parties to the suit; and execution shall issue in like manner against the appellant and stipulators on such judgment.

SEC. 119. The following Acts, and parts of Acts, are hereby Acts repealed: The sections in title sixteenth of an Act entitled repealed. "An Act to regulate proceedings in Civil Cases, in the Courts of Justice of the Territory of Nevada," approved November twenty-ninth, eighteen hundred and sixty-one, being the sections from Section Four Hundred and Seventy-Five to Five Hundred and Seventy-Three, inclusive; also the sections of said Act from Section Six Hundred and Nine to Section Six Hundred and Fourteen, inclusive; also Sections Twenty-Eight, Twenty-Nine and Thirty of an Act entitled "An Act concerning the Courts of Justice of this State, and Judicial Officers," approved January twenty-sixth, eighteen hundred and sixtyfive; also an Act entitled "An Act to amend an Act entitled 'An Act concerning the Courts of Justice of this State, and Judicial Officers,' approved January twenty-sixth, eighteen hun

Act, not to affect actions pending.

dred and sixty-five," approved March ninth, eighteen hundred and sixty-five; also all Acts, and parts of Acts, inconsistent, or in conflict with the provisions of this Act; but nothing contained in this Act shall affect actions or proceedings pending at the time this Act goes into effect, or judgments or orders already made; but such actions and proceedings, judgments and orders, shall be governed by the laws heretofore in operation.

Compensation.

CHAP. XLV.-An Act to amend an Act concerning District Attorneys, approved March 11, 1865.

[Approved February 26, 1866.]

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

SECTION 1. Section four of the above entitled Act is hereby amended so as to read as follows:

Section Four. The District Attorney of each county of this State shall receive for his services, annually, the following sums: First-Of the county of Storey, two thousand ($2,000) dollars. Second-Of the county of Esmeralda, fifteen hundred ($1,500) dollars. Third-Of the county of Lander, two thousand ($2,000) dollars. Fourth-Of the county of Humboldt, seven hundred and fifty ($750) dollars. Fifth-Of the county of Ormsby, one thousand ($1,000) dollars. Sixth-Of the counties of Washoe and Roop, one thousand ($1,000) dollars. Seventh Of the county of Lyon, eighteen hundred ($1,800) dollars. Eighth-Of the county of Churchill, one thousand ($1,000) dollars. Ninth-Of the county of Nye, one thousand ($1,000) dollars. Tenth-Of the county of Douglas, one thousand ($1,000) dollars. Eleventh-When any new county shall be hereafter created, the District Attorney in such county shall receive, for his services, not to exceed fifteen hundred dollars, as the County Commissioners may determine.

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