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CHAP. LXXXVI.—An Act to amend an Act entitled "An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto," approved March 22, 1865.

[Approved March 6, 1893.]

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

SECTION. 1. Section 54 of said Act is hereby amended so as to read as follows:

Section fifty-four. If such railroad company shall not, Time exwithin four years after the filing of its original articles of tended. association, begin the construction of its road and expend thereon at least five per cent. of the amount of its capital stock, and finish the road and put it in full operation within six years, its Act of incorporation shall be void.

CHAP. LXXXVII.-An Act authorizing the Sheriff of Lander county, Nevada, to appoint the night watchman of the town of Austin, and to regulate the salary of said watchman.

[Approved March 6, 1893.]

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

town of

SECTION 1. The night watchman of the town of Austin shall, Night on and after the first Monday in January, A. D. eighteen hun- Watchman, dred and ninety-five, be appointed by the Sheriff of Lander Austin. county, Nevada, and shall at any time be subject to removal from office by the said Sheriff.

SEC. 2. Said night watchman, when appointed under the provisions of this Act, shall receive a salary not to exceed seventy-five dollars a month, to be allowed and paid in the same manner as the salary of the night watchman of the town of Austin is now allowed and paid.

CHAP. LXXXVIII.—An Act to amend an Act entitled "An Act to provide for the maintenance and supervision of public schools," approved March 20, 1865; as amended by Acts approved March 6, 1869; approved February 28, 1881; approved March 2, 1885; approved March 12, 1885; approved March 14, 1891.

[Approved March 6, 1893.]

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

SECTION 1. Section 39 of said Act is hereby amended so as to read as follows:

Duties
County
Commis-

sioners as
to school
districts.

in moving for new trial.

Section thirty-nine. The Board of County Commissioners of the several counties of this State are hereby authorized and empowered to create new school districts, change the boundaries of school districts heretofore established, or abolish the same whenever in their judgment it shall be for the best interests of the common schools so to do; provided, that when a new school district is organized, school shall be commenced within one hundred and twenty days from the action of the Board of County Commissioners creating such new school districts; and if school shall not be commenced within the said one hundred and twenty days, in the said district, then such action shall become void and no such district shall exist; and, provided further, that no district, organized under the provisions of this Act after its passage, shall exceed in size sixteen miles square.

CHAP. LXXXIX.-An Act to amend an Act entitled "An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto," approved March 8, 1869.

[Approved March 6, 1893.]

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

SECTION 1. Section 197 of said Act is hereby so amended as to read as follows:

Section one hundred and ninety-seven. The party intending Proceedings to move for a new trial shall give notice of the same, as follows: When the action has been tried by a jury within five days after the rendition of the verdict, and when the action has been tried by the Court or by a referee, within ten days after receiving written notice of the rendering of the decision of the Judge or of the filing the report of the referee, the notice shall designate generally the grounds upon which the motion will be made. Within five days after giving such notice the said party shall prepare and file with the Clerk the affidavit or statement required by the last section. A copy of the affidavit shall, on the same day, be served on the adverse party. The party preparing the statement shall number the pages and lines thereof, and, after having filed the same with the Clerk, and had such filing entered and indorsed, shall serve the same on the adverse party on the same day, who may propose amendments thereto, referring to the page and line of the statement, and shall, within five days after the service on him of the statement, file his amendment with the Clerk, and, after having such filing entered and indorsed, shall, on the same day, serve the same, with the statement, upon the moving party, who shall, within five days thereafter, give written notice to the adverse party if he declines admitting the amendments, or they shall be deemed accepted. At any time thereafter either party may have the

for new

Duties of

statement settled by the Judge or referee upon two days' notice Proceedings thereof to the other party. If no affidavit or statement be in moving filed within five days after the notice for a new trial, the trial. right to move for a new trial shall be waived. When the notice designates, as the ground upon which the motion will be made, the insufficiency of the evidence to justify the verdict or other decision, it shall be a sufficient assignment of error to specify that the verdict of the jury, or the decision, or judgment, or decree of the Court, is not supported by the evidence, or is contrary to the evidence. In such case, where it appears that the evidence, taken altogether, does not support the verdict, or decision, or judgment, or decree of the Court, a new trial shall be granted, or, upon appeal, the case shall be reversed without regard to whether there are express findings upon all the issues, or whether the specifications particularly point out the finding or findings, either express or implied, that are not supported by the evidence, or are contrary thereto. When the notice designates, as the ground of the motion, error in law occurring at the trial and excepted to by the moving party, the statement shall specify the particular errors upon which the party will rely. If no such specifications be made, the statement shall be disregarded. The statement shall contain so much of the evidence or reference thereto as may be necessary to explain the particular points thus specified, and no more. When the statement is agreed to it shall be accompanied with the certificate, either of the parties themselves in fact or their attorney, that the same has been agreed upon and is correct. When settled by the Judge or referee, it District shall be accompanied with his certificate that the same has been Judge and allowed by him and is correct. When no amendments have been Court. filed, the statement shall be accompanied with the certificate of the Clerk of that fact. On the argument, reference may also be made to the pleadings, depositions, and documentary evidence on file, testimony taken and written out by a shorthand reporter authorized by the Court to make the same, and the minutes of the court. If the application be made upon affidavits filed, the adverse party may use counter affidavits on the hearing. Any counter affidavit shall be filed with the Clerk, and copies served on the moving party, at least two days previous to the hearing. The affidavits and counter affidavits, or the statement thus used in connection with such pleadings, depositions, documentary evidence on file, testimony taken by a reporter, and minutes of the court as are read or referred to on the hearing, shall constitute, without further statement, the papers to be used on appeal from the order granting or refusing the new trial. To identify the affidavits, it shall be sufficient for the Judge or Clerk to indorse them at the time as having been read or referred to on the hearing. To identify any depositions, documentary evidence on file, testimony taken by a reporter, or minutes of the court read or referred to on the hearing, it shall be sufficient that the Judge designate them as having been read or referred to in his certificate to be for that purpose by him made thereon. The several periods of

Clerk of

time limited may be enlarged by the written agreement of the parties, or upon good cause shown, by the court or the Judge before whom the cause was tried.

Name of and who may be members of

National

Guard.

Duties of

CHAP. XC.-An Act relating to the National Guard and the enrolled militia.

[Approved March 6, 1893.]

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

SECTION 1. The organized militia, or armed force of the State of Nevada shall be called the Nevada National Guard. SEC. 2. All persons subject to military duty and not members of the National Guard shall constitute the enrolled militia. SEC. 3. The Governor, as Commander-in-Chief of the miliGovernor as tia of the State, shall issue commissions to all officers apmander-in- pointed or elected therein. The commissions shall be attested by the Secretary of State with the Great Seal, and also by the Adjutant General with the seal of his office. No fee shall be charged for military commissions.

Com

Chief.

Rank of officers.

Oath on

SEC. 4. All commissioned officers of the organized volunteer regiments, battalions and companies shall take rank according to the date assigned them by their commissions, and when two of the same grade be of the same date, their rank shall be determined by length of service in the militia, and if of equal service, then by their precedence in the order promulgating their appointment.

SEC. 5. A copy of the constitutional oath of office shall be commission. indorsed on each commission, and each officer shall take said oath and transmit a certified copy of the same, made by the officer administering the oath, to the Adjutant General. The commissions shall take effect on the day of the taking of the oath; provided, the certified copy be forwarded.

Consequences of failure to take oath.

SEC. 6. The failure to take the oath or to forward the certificate thereof shall not be a bar to the prosecution of any officer as such, if he shall have performed any act or function pertaining to the office, nor shall the failure in taking or forwarding of the oath prescribed at enlistment be a bar to the prosecution of any member; but such failure on the part of either officer or other member shall be a misdemeanor, and as soon as known at headquarters, the office shall be declared vacant, or the membership void and of no effect.

SEC. 7. No informality in an appointment or a commission, or in the qualification thereon, shall invalidate the acts or commands of an officer performing duties in obedience to orders, but the failure to correct such informality when known shall be a misdemeanor.

SEC. 8. All persons becoming members of the National Guard of this State shall take and subscribe the following oath,

which all commissioned officers thereof are authorized to Form of administer: "I do solemnly swear that I will support the Con- oath. stitution of the United States and the Constitution of the State of Nevada, and will maintain and defend the laws and all officers employed in administering the same." Which oath, certified by the officer administering the same, must be returned to the Adjutant General and be preserved with the rolls of the companies.

SEC. 9. Each officer entitled to a staff shall appoint the mem- Appointing bers of his staff, unless otherwise provided by law. Each staff power. officer so appointed shall be an actual, and not merely constructive, resident of Nevada and of the district or military division in which he is to serve.

SEC. 10. Any officer of a regiment, battalion, or company receiving and accepting any staff appointment, except that of Adjutant, shall be considered as ipse facto resigning his commission in such regiment, battalion, or company. Any officer who may may be permitted by the Commander-in-Chief to join in target join in practice and matches with the company of which he was a practice. member when appointed or elected.

target

the word

SEC. 11. The word "Company" shall be held to include a Meaning of company of infantry, a troop of cavalry, or battery of artillery; company. the word "Member" shall be held to include every person, whether officer or private, in the National Guard; the word Militia," not qualified by other words-the words " National Guard" and the words "Organized Militia "--shall be deemed to refer only to the Nevada National Guard.

Tenure of

SEC. 12. Every person appointed to an office shall hold the office either at the pleasure of the appointing officer, or until office. his successor shall have been appointed and qualified.

SEC. 13. When there shall be a vacancy in an elective office, unfilled by the electing power, the Commander-in-Chief shall have power to appoint an officer to fill the vacancy for a stated term not exceeding one year. During the term, or at the end thereof, an election may be had to fill the vacancy to occur at the end of the term.

officers.

SEC. 14. The Commander-in-Chief shall have the power to Who may appoint from the members of the National Guard all officers appoint that may by law be required, and for whose appointment or election no other provision is made; but the appointment of a general officer, except the Adjutant General, shall be made by and with the advice and consent of the Senate.

Muster, by

SEC. 15. It shall be the duty of each and every commanding officer of any volunteer company in this State, on or before the whom made. last Mondays of March and September of each year, to muster his company and to make out in triplicate muster rolls setting forth the names and number of the members of his company, the officers in the order of their rank and the privates in alphabetical order, and stating at the foot of such muster rolls a list of all arms, accoutrements, ordnance and ordnance stores and other public property in his possession, one of which muster rolls, duly certified, he shall transmit, through his commanding officer, to the Adjutant General of the State; he

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