examine ant on oath. Section One Hundred and Three. When a complaint is laid before a Magistrate magistrate of the commission of a public offense triable within the required to county, he must examine on oath the complainant or prosecutor, and complainany witness he may produce, and may require their depositions to be reduced to writing and subscribed by the parties making them if the magistrate deem it advisable; provided, if a complaint by proper affi- Proviso. davit, setting forth the nature of the charge, and the facts within the knowledge, information or belief of the party making the same, be filed with the magistrate, and it sufficiently appears that an offense has been committed by some person known or unknown to the affiant triable within the county, the Justice may issue a warrant of arrest. SEC. 3. Section one hundred and fifty-one of said Act is amended, so as to read as follows: i nesses ex may be used trial. Section One Hundred and Fifty-one. The witnesses shall be examined How witin the presence of the defendant, and may be cross-examined in his amined. behalf. If either party so desire, the examination shall be by interrogatories direct, and cross; provided, by consent of parties, the testimony Proviso. may be reduced to writing in narrative form. The testimony so taken Testimony may be used by either party on the trial of the cause, and in all pro- by either ceedings therein, when the witness is sick, out of the State, dead, or party on when his personal attendance cannot be had in Court. When the testimony of each witness is all taken the same shall be read over to the witness and corrected as may be desired, and then subscribed by the witness, or if he refuses to sign it the fact of such refusal, and any reasons assigned therefor, must be stated, and the same shall be tested by the magistrate; and such testimony so reduced to writing and authenticated according to the provisions of this section shall be filed by Testimony the examining magistrate with the Clerk of the District Court of his to be filed county, and in case such prisoner be subsequently examined upon a Clerk. writ of "habeas corpus" such testimony shall be considered as given before such Judge or Court. SEC. 4. Section one hundred and sixty-seven of said Act is hereby amended, so as to read as follows: with Dist. Section One Hundred and Sixty-seven. On holding the defendant to witness to answer, the magistrate shall take from each of the material witnesses enter into recogniexamined before him a written recognizance, to the effect that he will zance. appear and testify at the Court to which the depositions and statements are to be sent, or that he will forfeit the sum which may be ordered by the Court. SEC. 5. Section one hundred and seventy-one is hereby amended, so as to read as follows: examina to give se Section One Hundred and Seventy-one. When, however, it shall Conditional satisfactorily appear by the examination on oath of the witness, or any tion of witother person, that the witness is unable to procure sureties; or if either ness unable the State or the defendant shall demand that the deposition of the wit-curity. ness be then taken, he or she may be forthwith conditionally examined on behalf of the party requiring the deposition to be taken; such examination shall be by question and answer, and shall be reduced to writing by the magistrate, or under his direction, in the presence of the defendant and the counsel for the State. When the examination is completed the deposition shall be carefully read over to the witness, and corrected in any particular desired, signed by the witness, certified by the magistrate, and transmitted to the Clerk of the District Court of the proper county. The witness thereupon shall be discharged; Proviso. Form of indictment. Same. Indictment not insufficient for defect in form, etc. Proviso. provided, when both parties consent thereto, the deposition may be taken in narrative form. SEC. 6. Section two hundred and thirty-five of said Act is hereby amended, so as to read as follows: Section Two Hundred and Thirty-five. It may be substantially in the following form: STATE OF NEVada, County of The State of Nevada, plaintiff, against A B, defendant (or John Doe, whose real name is unknown). Defendant A B, above named, is accused by the Grand Jury of the County of of a felony (or day of if [of] the crime of murder, &c.) committed as follows: If the offense be an assault with an intent to commit murder, the County of day of A.D. 18—, in the without authority of law, and with malice aforethought, did shoot at Richard Roe with a pistol, with intent to kill him. If the offense be a misdemeanor, it may be designated by the name or style the offense is usually defined or known, or simply as a misdemeanor, and the facts constituting the offense may be stated in a manner similar to the examples above stated. The indictment must be signed by the District Attorney. SEC. 7. Section two hundred and thirty-six of said Act is hereby amended, so as to read as follows: Section Two Hundred and Thirty-six. The indictment must be direct, and contain, as it regards : First-The party charged. Second-The offense charged. Third-The particular facts of the offense charged, so far as necessary to constitute a complete offense, but the evidence tending to prove the charge need not be stated. It shall not be necessary to set forth in the indictment the character of weapon used, nor that any weapon was used in the commission of the offense, unless the using of such weapon is a necessary ingredient in the commission of the offense. SEC. 8. Section two hundred and forty-four of said Act is hereby amended, so as to read as follows: Section Two hundred and Forty-four. No indictment shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon, be affected by reason of any defect or imperfection in matters of form, which shall not tend to the prejudice of the defendant; and the Court may on application direct the indictment to be amended to supply a deficiency or omission, when, by such amendments, the nature of the charge shall not be changed, and the defendant's defense to the action on the merits will not be prejudiced thereby; provided, any amendment made during the trial, or within five days thereof, on motion, and without any showing therefor, shall entitle the defendant to a postponement of the trial till next term. SEC. 9. Section three hundred and eighteen of said Act is hereby amended, so as to read as follows: ment of Section Three Hundred and Eighteen. When an indictment is called Postponefor trial the Court may, upon sufficient cause, shown by affidavit, direct trial. the trial to be postponed to another day of the same term, or the next term. But in all cases where a continuance is granted upon the application of either party, the Court may require as a condition of granting such continuance that the party applying therefor consent to the taking, forthwith or at any time to be fixed by the Court, of the deposition of any witness summoned by the opposite party whose deposition has not previously been taken. Such deposition shall be taken in the same manner that depositions are required to be taken in section one hundred and seventy-one of this Act. The Court shall also have authority to require all witnesses to enter into recognizances, in such sum as the Court may order, with or without sureties, to appear and testify on the day to which the case may be continued; provided, that any witness who is unable to procure sureties for his attendance may be discharged on his own recognizance, upon giving his deposition in the manner prescribed in section one hundred and seventy-one of this Act. All depositions taken in pursuance of any of the provisions of this Act may be read in evidence, subject to legal objections taken at the time of taking the same, on the trial of the cause, whenever it shall appear that the personal attendance of the witness could not with due diligence be obtained, or when he has left the State, or become of unsound mind, or is too sick or infirm to attend, or is dead. SEC. 10. Section five hundred and ninety-seven of said Act is hereby amended, so as to read as follows: statement Section Five Hundred and Ninety-seven. When a complaint is laid Sworn before a Justice of the Peace, or a Judge of any other inferior tribunal to be filed having jurisdiction of criminal offenses, that an offense has been com- by complainant. mitted, of which a Justice's Court or other inferior tribunal has jurisdiction, the Justice or Judge to whom the complaint is made shall cause the person making the complaint, or some one else, to file with him a statement in writing, sworn to before him, or some other officer authorized by law to administer oaths, setting forth the offense charged, with such particulars as to time, place, person, and property as to enable the person charged to understand the character of the offense complained of, and to answer the complaint or charge. The statement may be similar in form to the provisions in respect to an indict- Form. ment. SEC. 11. Section six hundred of said Act is hereby amended, so as to read as follows: to be present on trial. Section Six Hundred. The defendant must be personally present in Defendant all cases before the trial shall proceed, unless he shall have given sufficient bail as provided in this Act, or the District Attorney consent to proceed with the trial after the defendant shall have appeared in person, and shall also be represented by counsel. SEC. 12. Section six hundred and two of said Act is hereby amended, so as to read as follows: Section Six Hundred and Two. The defendant may waive a jury trial Jury trial. in person or by attorney, after having appeared in the action, but shall be entitled to a jury trial if demanded by him. The jury may be composed of any number of persons eligible to serve as jurors not exceeding twelve, nor less than three, but only by consent of parties shall the number be less than twelve. The formation of juries is provided for by special statute. Proceed ings where SEC. 13. In a criminal action brought in a Justice's Court, or title to real other Court or tribunals of inferior jurisdiction, when the offense property is charged involves an injury to real estate property, and it shall be made involved. satisfactorily to appear to the Justice or Judge of the Court in which the action is pending, or at any time before or during the trial, that the action cannot be tried without deciding a question of title to real property, or of the right to the possession thereof, all further proceedings in the action shall be suspended, and the same, together with all the papers and a transcript showing the proceedings had, shall forthwith be transferred to the District Court of the county for the trial and judgment. The defendant may be committed for trial in the Court to which the action is transferred, or admitted to bail, as in other cases. The action, when transferred, shall be tried and prosecuted to judgment in the District Court, as if originally commenced therein. Appeal, how taken SEC. 14. The defendant may appeal to the District Court of the and tried. county from any judgment rendered in a criminal action in a Justice's Court or other inferior tribunal. The appeal may be taken at any time after judgment, by complying with the provisions of this section. The party intending to appeal must file with the Judge of the Court wherein the action was tried, and serve upon the District Attorney a notice entitled in the action, setting forth the character of the judgment and the intention of the party to appeal therefrom to the District Court. The notice must be served and filed within five days after the rendition of the judgment and entry thereof, in the docket of the Court trying the action. He may also, at any time thereafter, if he desire to be released from custody during the pendency of the appeal, or desire a stay of proceedings under the judgment until the appeal be disposed of, enter bail for the due prosecution of the appeal, the payment of any judgment, fine, and costs that may be awarded against him on the appeal, and for failure to prosecute the same, and for the rendering of himself in execution of the judgment appealed from, or of any judgment rendered against him in the action appealed from in the Court to which the same is appealed. The action in the Appellate or District Court shall be tried de novo. CHAP. LXXXIX.—An Act for the Relief of John S. Childs. [Approved March 16, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. The sum of one thousand dollars is hereby appropriated out of any moneys in the General Fund not otherwise specifically appropriated, for the purpose of paying the equitable claim of John S. Childs, for services rendered as County and Probate Judge of Carson County, Utah Territory, from August 1st, 1858, to July 30th, 1861; and the Controller of State is authorized and required to draw his warrant in his favor therefor. CHAP. XC.-An Act amendatory of and supplemental to an Act entitled "An Act to create the County of Lincoln, and provide for its organization," approved February 26th, 1866. [Approved March 18, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of said Act is hereby amended, so as to read as follows: Section One. All that portion of the State of Nevada situate within Lincoln County the following boundaries shall be, and constitute the County of Lincoln, created. viz.: Beginning at the Red Bluff Springs, (about fifteen miles east of Reveille District) and running thence due east to the State line of this State; thence south along said State line to the southerly boundary line of this State; thence along said southerly boundary line to a point due south of Red Bluff Springs; thence north to the place of beginning. SEC. 2. Section two of said Act is hereby amended, so as to read as follows: missioners Section Two. H. H. Day, Charles Wilson, and M. Fuller, are Co. Comhereby appointed a Board of County Commissioners for said county, appointed. who shall hold their offices until their successors are elected and qualified according to law; and who are hereby authorized and required to perform such duties as other County Commissioners of this State are authorized and required to do under the laws of this State. It shall be To qualify. the duty of said Commissioners within thirty days after the passage of this Act, to qualify themselves in office by taking the Constitutional oath of office as prescribed by law; such oath may be administered by either one of said commissioners to his two associates in office, and by either one of them so sworn to the remaining ones. The said Com- Chairman. missioners shall elect one of their own members as Chairman of the Board; and they are hereby further authorized and required to appoint To appoint from the citizens and legal voters of said county, all the neces- township county and among sary and usual county and township officers as regulated and required by law; said officers so appointed are hereby required to qualify in Officers to qualify. office according to law, and enter upon the discharge of their official duties within ten days after receiving notice of such appointment. The Chairman of the Board of County Commissioners may administer the Who may official oath to the County Clerk, and said Clerk may administer the oath. same to all other county and township officers appointed under the provisions of this Act. SEC. 3. Section three of said Act is hereby amended, so as to read as follows: officers. administer Section Three. Until otherwise fixed by law the place known as County Hiko shall be, and remain the county seat of said county. SEC. 4. Section four of said Act is hereby amended, so as to read as follows: seat. tation. Section Four. Said county shall be entitled to, and shall elect, one RepresenSenator and one Member of the Assembly. |