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Civil fees retained

at the expiration of each month of service, and pay to the regularly elected or appointed constable of the Austin township of the town of Austin, Lander County, Nevada, the sum of fifty dollars per month as salary, which shall be compensation in full for all services rendered in criminal proceedings or cases; provided, however, that said constable shall be allowed to retain all fees and commissions allowed by law in civil actions as additional compensation for his services as such constable.

Ministerial officers may appoint deputies

CHAP. 85-An Act to amend an act entitled "An act to amend section one of an act entitled 'An act authorizing ministerial officers to appoint deputies,' the same being section 2451 of the Compiled Laws of Nevada, 1900," approved February 25, 1905.

[Approved March 12, 1913]

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

SECTION 1. Section one of said act, the same being section 2848 of the Revised Laws of Nevada, is hereby amended so as to read as follows:

Section 1. All prosecuting attorneys, county recorders, clerks of the several district courts, county clerks, sheriffs, assessors, collectors of taxes and constables are hereby authorized to appoint deputies, who shall have power to transact all official business appertaining to said officers, to the same extent as their principals; provided, that no person shall be sheriffs and appointed a deputy sheriff or a deputy constable unless such person shall have been a resident of the State of Nevada for at least six months prior to the date of such appointment.

Deputy

constables

must be 6

months

resident in state

of deputy sheriff

CHAP. 86—An Act to amend an act entitled "An Act relating to sheriffs," approved November 28, 1861.

[Approved March 12, 1913]

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

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

Section 3. Each sheriff shall have power to appoint, in Appointment writing, signed by him, one or more deputies, who are hereby empowered to perform all the duties devolving on the sheriff of the county; and the sheriff shall be responsible for all the acts of his deputy or deputies, and may remove such deputy Deputy must or deputies at pleasure; but no deputy sheriff shall be qualified to act as such unless he shall have been a resident of the State of Nevada for at least six months prior to the date of his

be 6 months

resident of state

appointment, and until he has taken an oath to faithfully and impartially discharge the duties of said office, which said oath shall be certified on the back of his appointment, and filed in the office of the county auditor. The sheriff may also require of his deputies such bonds as to him shall seem proper.

CHAP. 87-An Act to amend sections seventy-six, eighty, and two hundred ninety-four, and to repeal section seventyeight 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 13, 1913]

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

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

Section 76. The summons shall be substantially in the fol- Form of lowing form: In the judicial district court of the State summons in --county. A. B., plaintiff, vs.

of Nevada, in and for.
C. D., defendant; summons. The State of Nevada sends greet-
ing to said defendant: You are hereby summoned to appear
within ten days after the service upon you of this summons if
served in said county, or within twenty days if served out of
said county but within said judicial district, and in all other
cases within forty days (exclusive of the day of service), and
defend the above-entitled action. Dated____ (Signed) E. F.,
clerk of said court, or plaintiff's attorney, as the case may be.

civil action

published

2. When service of the summons is made by publication, Regulations the summons shall also contain a brief statement of the object regarding of the action substantially as follows: "This action is brought summons to recover a judgment dissolving the contract of marriage (or bonds of matrimony) existing between you and the plaintiff, or "quieting the title of plaintiff to the land described in the complaint" or "foreclosing the mortgage of plaintiff upon the land (or other property) described in complaint, or as the case may be.

sign

3. Whenever the plaintiff shall be represented by a firm of Attorneys to attorneys, such summons may be signed by the firm name only summons of such firm or copartnership.

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

regulations as to service

Section 80. The summons shall be served by the sheriff of Summons, the county where the defendant is found, or by his deputy, or by any citizen of the United States over twenty-one years of and return of age; and, except as hereinafter provided, a copy of the complaint, certified by the clerk or the plaintiff's attorney, shall be served with the summons. When the summons shall be served by the sheriff or his deputy, it shall be returned with

How judg

had when

defendant

fails to

the certificate or affidavit of the officer, of its service, and of the service of a copy of the complaint, to the office of the clerk of the county in which the action is commenced. When the summons is served by any other person, as before provided, it shall be returned to the office of the clerk of the county in which the action is commenced, with the affidavit of such person of its service, and of the service of a copy of the complaint.

SEC. 3. Section two hundred ninety-four of the aboveentitled act is hereby amended to read as follows:

Section 294. Judgment may be had, if the defendant fail to answer the complaint, as follows:

1. In an action arising upon contract for the recovery of money or damages only, if no answer has been filed with the ment may be clerk of the court within the time specified in the summons, or such further time as may have been granted, the clerk upon the application of the plaintiff, shall enter the default of the defendant, and immediately thereafter enter judgment for the amount specified in the complaint, including the costs, against the defendant, or against one or more of several defendants, in the cases provided for in section 89.

answer

Same

In actions where

service was made by publication

Repeal

In effect

2. In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted, the clerk shall enter the default of the defendant; and thereafter the plaintiff may apply at the first, or any subsequent term of the court, for the relief demanded in the complaint. If the taking of an account, or the proof of any fact, be necessary to enable the court to give judgment or to carry the judgment into effect, the court may take the account, or hear the proof, or may, in its discretion, order a reference for that purpose. And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages the examination of a long account be necessary, by a reference, as above provided. 3. In actions where the service of the summons was by publication, the plaintiff, upon the expiration of the time within which, by law, the defendant is required to answer, may, upon proof of the publication, and that no answer has been filed, apply for judgment; and the court shall thereupon require proof to be made of the demand mentioned in the complaint, and if the defendant be not a resident of the state, shall require the plaintiff, or his agent, to be examined on oath respecting any payments that have been made to the plaintiff, or to any one for his use, on account of such demand, and may render judgment for the amount which he is entitled to recover. The word answer used in this section shall be construed to include any pleading that raises an issue of law or fact, whether the same be by general or special appearance. SEC. 4. Section seventy-eight of said act is hereby repealed. SEC. 5. This act shall take effect on the 1st day of May, 1913.

CHAP. 88-An Act to amend section one hundred twentythree of an act entitled "An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto," approved March 23,

1891.

[Approved March 13, 1913]

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

SECTION 1. That said section one hundred and twenty-three of said act is hereby amended to read as follows:

and

Section 123. Every traveling inerchant, hawker or peddler, Peddlers' and every auctioneer, shall, before vending any goods, wares, auctioneers' or merchandise, or acting as auctioneer, in any county of this licenses state, procure from the sheriff of such county a license authorizing such business in such county, and shall pay for such license the sum of ten dollars per month, if no wagon or ani- When $10 or mals to be used in such business, but if a wagon or one or more animals be used in connection therewith such license shall be twenty-five dollars per month; provided, however, that Proviso no license shall be required for selling fruits, vegetables or other agricultural products, butter, eggs, honey or poultry.

$25 per month

issue these

The county auditor shall issue to the sheriff of the several Auditor to counties the license contemplated by this section, and they licenses to shall be issued by such sheriffs to applicants therefor, upon sheriff the terms herein before stated; and any such merchant, peddler or auctioneer who shall offer for sale any goods, wares or merchandise, or act as auctioneer, without having first obtained a license as herein before provided, shall be guilty of a misde- Penalties meanor, and on conviction thereof shall be fined in any sum not less than fifty dollars nor more than five hundred dollars.

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

CHAP. 89-An Act relative to the transfer of negotiable instruments and other choses in action and to make proof of certain facts prima facie evidence in certain actions pertaining thereto, in the courts of the State of Nevada.

[Approved March 13, 1913]

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

Assembly, do enact as follows:

agent of

owner of

SECTION 1. Whenever any person not doing a banking Certain perbusiness claiming to be or to have been the owner or holder sons deemed of any negotiable instrument or other chose in action, is original proved to be or to have been an employee, attorney, partner, negotiable officer, stockholder or agent of the original owner of the same, or whenever any such person is proved to be or to have been an habitual purchaser of negotiable instruments or other choses in action from such original owner, such proof shall be

instrument

Person defined

Habitual purchaser defined

prima facie evidence that such person took such negotiable instrument or other chose in action with notice of every and all outstanding defenses and counterclaims against the original owner thereof; also that he took the same as the agent of such original owner and that he held the same as such agent at all times during which he claims to be or to have been such owner or holder.

SEC. 2. The word "person" as used herein, is hereby declared to include the plural as well as the singular and also corporations, associations and partnerships.

SEC. 3. The taking of two or more negotiable instruments or choses in action at two or more different times from the same transferor by the same transferee shall constitute such transferee an habitual purchaser within the meaning of this act. SEC. 4. This act shall apply only to actions brought Only applies against the original obligor, but shall not apply to actions brought by the personal representative or representatives of a decedent.

to actions against original obligor

In effect

SEC 5. This act shall take effect and be in force from and after its passage and approval.

Route of a

Nevada state highway established

CHAP. 90-An Act providing for a state road, to be known as "a Nevada State Highway," and establishing a route there

for.

[Approved March 13, 1913]

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

SECTION 1. There is hereby established a state road, to be known as "a Nevada State Highway, starting at a point approximately east of Ely, on the Nevada-Utah line, thence to Ely, White Pine County, and continuing on to Eureka, Eureka County; from Eureka to Austin, Lander County; from Austin to Fallon, Churchill County; from Fallon to Reno, Washoe County; from Reno to Carson, Ormsby County; from Carson to Glenbrook, Douglas County; and thence to the Nevada-California state line; following approximately the old Overland road. Also commencing at Ely and thence southwesterly to Hot Creek, and Tonopah, Nye County; thence to Goldfield, Esmeralda County and thence in said county to Lida and thence to the California line near Palmetto, Nevada, in said Esmeralda County.

SEC. 2. It is hereby made the duty of all the county comCounty commissioners of the counties mentioned in this act to establish missioners to this highway along the most practicable route and to properly

properly maintain

highway

signboard and maintain the same.

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

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