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to build, construct, and maintain said line or lines, along, across, and under any of the public roads and highways, streets, and alleys of said county and town; provided, that said line or Proviso lines shall be so constructed and maintained along, across, and under such roads and highways, streets and alleys, as not to obstruct the natural and proper use of such highways, roads, streets, and alleys; and provided further, that at any time any person who may be engaged in the removal of houses or buildings and desires the lines of the owners of said franchise removed so they can pass the said houses or buildings under said lines, upon giving reasonable notice to said owners, they shall so arrange the wires of said line or lines so as to allow the passage of said houses or buildings thereunder.

one year

SEC. 2. The construction of said plant, distributing system, Must be and line or lines shall be commenced within one year from the begun within passage of this act, and completed with all reasonable diligence, act of God or public enemy excepted.

CHAP. 141-An Act to amend an act entitled "An act to amend section seven of an act entitled an act to redistrict the State of Nevada, prescribe the number and salaries of district judges, and fix the places of holding courts," approved March 5, 1907, the same being section 4907 of the Revised Laws of Nevada, 1912.

[Approved March 16, 1915]

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

SECTION 1.

as follows:

Section 7 of said act is hereby amended to read

judges of

more than

allowed

money

Section 7. In addition to the salary provided by law, each District district judge shall be entitled to receive his necessary expenses districts in going to and returning from the place of holding court, his comprising traveling expenses when traveling by private conveyance to be one county estimated at the usual amounts charged by public conveyance, additional and also his necessary expenses at the place of holding court expense when holding court in any county other than that of his residence, said expenses to be allowed and paid as other claims against the state, but in no case shall such expenses exceed the amount of one thousand ($1,000) dollars per annum for each judge; provided, that in all judicial districts of the State of Nevada comprising more than two counties the district judge or judges thereof shall, in addition to the salary provided by law, be entitled to and shall receive the sum of two thousand ($2,000) dollars per annum, which said sum shall be in full for all his or their expenses in going to and returning from the place of holding court, his or their traveling expenses when traveling by public or private conveyance, and

Regarding bill of exceptions

how taken

also his or their expenses at the place of holding court when holding court in any county other than that of his or their residence, which said sum of two thousand ($2,000) dollars shall be paid as other claims against the state and in twelve equal monthly installments.

CHAP. 142-An Act supplemental to and to amend an act entitled "An act to regulate proceedings in civil cases in this state and to repeal all acts in relation thereto," approved March 17, 1911.

[Approved March 16, 1915]

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

SECTION 1. Any party to an action or special proceeding may, after the filing of the complaint, and before trial, object and except to any ruling, decision, or order made in such action or special proceeding, and, within ten (10) days after such objection and exception, serve and file a bill of exceptions thereto, which bill of exceptions shall be settled and allowed by the judge or court, or by stipulation of the parties, by attaching thereto or inserting therein a certificate to the effect that such bill of exceptions is correct and has been settled and allowed; and when such bill of exceptions has been so settled and allowed, it shall be and become a part of the record of such action or special proceeding.

SEC. 2. Any party to an action or special proceeding from Exceptions, the time said action or proceeding is called for trial, and until including final judgment has been entered therein, may object and except to any ruling, decision, or order of the court or judge made therein, and, within twenty (20) days after such objection and exception, serve and file a bill of exceptions to such ruling, decision, or action of the court, which bill of exceptions shall be settled and allowed by the judge or court, or by stipulation of the parties, as in the preceding section provided, and when so settled and allowed shall be and become a part of the record of said action or proceeding.

bill of

how made

SEC. 3. Any adverse party may object to the allowance and Objections to settlement of any bill of exceptions herein provided for within allowance of five (5) days after the service of the same, by serving upon exceptions, the opposite party and filing in said court a statement specifically pointing out wherein said bill does not state the true facts, or wherein the same omits any material fact necessary to explain or make clear any ruling, decision, or action of the court. Such objection shall be heard and determined by the court within five (5) days thereafter, and upon such hearing the court shall designate in what respect said bill is incorrect or untrue, or fails or omits to state the true facts, and shall order

and direct that such bill be corrected in accordance with said determination, and engrossed so as to contain the true facts as herein required, and when so engrossed said bill shall be allowed and settled as in this act provided, and when so settled shall become and be a part of the record of said action. If the objections of the adverse party are disallowed, then such bill as originally filed shall be immediately settled and allowed as by this act required.

typewritten,

SEC. 4. All bills of exceptions required by the provisions All must be hereof shall be typewritten, paged, and the lines of each page paged, etc. numbered; and where more than one bill of exception is filed in the same action or proceeding each bill shall be consecutively numbered. The service of all bills of exception and objections thereto shall be by copy.

report, how

SEC. 5. In all cases where an official reporter is appointed Shorthand by the court, under authority of law, or by agreement of the certified parties, a transcription of the shorthand report of the proceedings in any action or special proceeding, when certified by said reporter to be a full, true, and correct transcription of such proceedings, may, at the option of any party, be submitted to the court for allowance and settlement, as the bill of exceptions required under the provisions of this act, and the court or judge shall thereupon attach the certificate as herein provided, whereupon such bill of exceptions shall be and become a part of the record.

bill of

SEC. 6. Bills of exception to any action, decision, ruling, or Service of order of the court, after final judgment, shall be prepared, exceptions served, allowed, and settled in the manner and within the time specified in section 1 of this act.

SEC. 7. Bills of exceptions provided for by section 2 of this same act may be prepared, served, and filed within twenty (20) days after a motion for a new trial has been determined by the court, and all errors relied upon which may have occurred at the trial, or which may be alleged against the findings, or exceptions to the findings as made, and all errors based upon any ground for a new trial, may be included therein, and all such errors may be reviewed by the supreme court on appeal from the judgment or order denying the motion for a new trial. SEC. 8. When the action, decision, ruling, or order excepted How settled to was made by a referee or any judicial officer other than a judge, the bill of exceptions shall be filed, served, and presented to said referee or judicial officer, and be settled, allowed, and certified by him in the same manner and within the same time as other bills of exception are required to be presented to, settled, and certified by the judge or court. A judge, referee, or judicial officer may settle, allow, and certify to a bill of exceptions after he ceases to be such judge, referee, or judicial officer, and if such judge, referee, or judicial officer, before the bill of exceptions is settled, dies, is removed from office, becomes disqualified, is absent from the state, or refuses to settle and

Rights waived, when

allow any bill, or if no method is provided by law for the settlement of the same, it shall be settled and certified in such manner as the supreme court may by its order or rules direct.

SEC. 9. If a party shall omit or fail to serve and file his bill of exceptions within the time limited he shall be deemed to have waived his right thereto, and if a party shall omit to make objections as required to such bill of exceptions within the time limited he shall be deemed to have waived his right thereto.

SEC. 10. The several periods of time above specified may Time may be be enlarged, upon good cause, by the court, judge, referee, or judicial officer, or by stipulation of the parties.

enlarged

Bill of

exceptions

judgment

roll

SEC. 11. The original bills of exceptions herein provided for, together with a notice of appeal and the undertaking on annexed to appeal, shall be annexed to a copy of the judgment roll, certified by the clerk or by the parties, if the appeal be from the judgment; if the appeal be from an order, such original bill shall be annexed to such order, and the same shall be and become the record on appeal when filed in the supreme court. A party may appeal upon the judgment roll alone, in which case only such errors can be considered as appear upon the face of the judgment roll.

SEC. 12. The provisions of the last preceding section shall Last section not apply to appeals taken from an order made upon affidavits, not to apply, but certified copy of such affidavits and counter-affidavits, if any, shall be annexed to the order in place of the bill of exceptions mentioned in the last section.

when

Time for serving assignment of errors

Original exhibits sent up, when

Certain sections repealed

SEC. 13. Within twenty (20) days after any appeal has been taken from any order or judgment, the party or parties appealing shall serve the adverse parties and file with the clerk of the supreme court an assignment of errors, which assignment shall designate generally each separate error, specifying the page and lines of the record wherein the same may be found. Any error not assigned shall not be considered by the supreme court. If the party fails to file such assignment within the time limited no error shall be considered by the supreme court. The assignment of errors herein provided for shall be typewritten, paged, and the lines numbered, and the appellant shall furnish three copies thereof for filing in the supreme court.

SEC. 14. Where it is not practicable to embody an exhibit in the bill of exceptions, then the original exhibit, certified to by the clerk or by the parties, may be sent to the supreme court, together with the record as hereinabove specified, and such original exhibits shall be and become a part of the record upon appeal in said court.

SEC. 15. Sections 389, 390, 391, 392, 393, 394, 395, 396, and 397 of the above-entitled act, and all provisions of law in conflict herewith, are hereby repealed; but nothing contained herein shall affect or invalidate any proceedings already had in any action or special proceeding now pending, but said

action or proceeding may be finally heard and determined upon the record made under the existing law.

CHAP. 143-An Act to amend sections 4 and 8 of an act entitled "An act concerning juries," approved March 5, 1873, and as amended and approved March 14, 1879, and February 8, 1881, being sections 4930 and 4931 of the Revised Laws of Nevada, 1912.

[Approved March 16, 1915]

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

SECTION 1. Section 4 of the above-entitled act is hereby amended so as to read as follows:

of trial

Section 4. To constitute the regular panel of trial jurors for How panel any term of the district court such number of names as the jurors, judge may direct shall be drawn from the jury-box. The regu- constituted lar panel of trial jurors may be drawn before the commencement of the term of court, and, if so drawn, the judge thereof must make and file with the county clerk an order that one be drawn, and the number of jurors to be drawn must be named in the order. The drawing shall take place in the office of the county clerk, during regular office hours, in the presence of all persons who may choose to witness it. If the panel be drawn before the commencement of the term it shall be drawn by the judge and clerk, or, if the judge so directs, by any one of the county commissioners of the county and the clerk, and if the judge directs that the panel be drawn by one of the county commissioners of the county and the clerk, the judge must make and file with the clerk an order designating the name of such county commissioner, and fixing the number of names to be drawn as trial jurors and the time at which the persons whose names are so drawn shall be required to attend in court. The drawing shall be conducted as follows:

drawing

The number to be drawn having been previously determined Manner of by the judge, the box containing the names of the jurors shall names first be thoroughly shaken; it shall then be opened and the judge and clerk, or one of the county commissioners of the county and the clerk, if the judge has so ordered, shall alternately draw therefrom one ballot until of nonexempt jurors the number determined upon is obtained; provided, that if the officers drawing such jury deem that the attendance of any juror whose name is so drawn cannot be conveniently and cheaply to the county obtained, by reason of the distance of the residence of such juror from the court or other cause, his name may, in the discretion of such officers, be returned to the box and in its place the name of another juror drawn whose attendance said officers may deem can be conveniently and

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