when caused by circumstances which the party delaying could not have avoided by the exercise of reasonable care and diligence.

A waiver of presentment waives notice of dishonor also; but a waiver of notice does not waive presentment.

A waiver of protest on any negotiable instrument, other than a foreign bill of exchange, waives presentment and notice.

CHAPTER XL.

PRINCIPAL AND AGENT.

An agent is one who represents another, called the principal, in dealings with third persons.

Any person having capacity to contract may appoint an agent, and any person may be an agent.

An agent for a particular act or transaction is called a special agent. All others are general agents.

An agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and in no others:

1. When the act to be done is purely mechanical.

2. When it is such as the agent cannot himself, and the subagent can, lawfully perform.

3. When it is the usage of the place to delegate such powers. 4. When such delegation is specially authorized by the principal. If an agent employs a sub-agent without authority, the former is a principal and the latter his agent, and the principal of the former has no connection with the latter.

A sub-agent, lawfully appointed, represents the principal in like manner with the original agent; and the original agent is not responsible to third persons for the acts of the sub-agent.

An agent has authority to do everything necessary or proper, and usual, in the ordinary course of business, for effecting the purpose of his agency.

An authority to sell personal property includes authority to warrant the title of the principal, and the quality and quantity of the property.

A general agent to sell, who is intrusted by the principal with the possession of the thing sold, has authority to receive the price.

A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.

PART IV.

STATE OF NEVADA.

PREPARED EXPRESSLY FOR THIS WORK BY BISHOP & SABIN, PIOCHE

CHAPTER I.

COURTS, JURISDICTION, AND TERMS OF COURTS.

UNITED STATES COURTS.

United States Circuit Court, Ninth Circuit; composed of the Districts of California, Nevada, and Oregon. Judges-Stephen J. Field, Associate Justice U. S. Supreme Court; Lorenzo Sawyer, Circuit Judge, of San Francisco, California; District Judge, E. W. Hillyer, of Carson City, Nevada. U. S. Attorney, C. S. Varian, of Carson City. Marshal, R. S. Clapp, Carson City. Clerk, R. M. Daggett, Virginia City.

Terms of U. S. Circuit Court-At Carson City, second Mondays in March, June and October.

Terms of U. S. District Court-At Carson City, first Mondays in February, May and October.

(For the jurisdiction of the United States Courts, see Part II.)

STATE COURTS.

One Supreme Court, and nine District Courts.

The Supreme Court consist of three judges. The oldest in commission acts as chief justice. Judge-Thomas P. Hawley, C. J.; Warner Earll and Wm. H. Beatty, Associate Justices. Clerk, Charles F. Bicknall. All reside at Carson City.

Regular Terms-First Mondays of January, April, July and October.

The Supreme Court shall have appellate jurisdiction in all cases in equity; also in all cases at law in which is involved the title or right of possession to, or the possession of, real estate or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, (exclusive of interest) or the value of the property in controversy, exceeds three hundred dollars; also in all other civil cases not included in the general subdivision of law and equity, and also on questions of law alone, in all criminal cases in which the offense charged amounts to felony. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any District Court in the State, or before any judge of said Courts.

DISTRICT COURTS.

Jurisdiction. The District Courts in the several judicial districts of this State shall have original jurisdiction in all cases in equity; also in all cases at law which involve the title or the right of possession to, or the possession of, real property or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, (exclusive of interest) or the value of the property in controversy, exceeds three hundred dollars; also in all cases relating to the estates of deceased

persons, and the persons and estates of minors and insane persons, and of the action of forcible entry and unlawful detainer; and also in all criminal cases not otherwise provided for by law. They shall also have final appellate jurisdiction in cases arising in Justices' Courts and such other inferior tribunals as may be established by law. The District Courts, and the judges thereof, shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction; and also have power to issue writs of habeas corpus, on petition by, or on behalf of, any person held in custody in their respective districts.

TIMES FOR HOLDING DISTRICT COURTS FOR 1876.

COUNTY.

COUNTY SEAT. DIST.

WHEN HELD.

1st

2d...

2d. 2d..

First Monday of January, March, June, and October.
First Monday of February. June, and November.
First Monday of January, March. June, and October.
First Monday of May and December.

3d....
First Monday of Febuary, May, August and November,
4th... First Monday of January, April, July, and October.
5th... First Monday of May and December.

5th... First Monday of January, June, and October.
5th... First Monday of March, August, and November.
6th... First Monday of March, July, and November.
6th... First Monday of January, May, and September.
7th... First Monday of January, April, July, and October.
8th... First Monday of June and December.

9th... First Monday of February, June, and October.

JUSTICES' COURTS.

Justices of the peace have jurisdiction in all civil cases when the demand, (exclusive of interest) does not exceed three hundred dollars. Are always open.