Claims de barred from payment after certain length of time. interest, and no more, and any such demand, so reallowed, shall be paid in the order of its reallowance out of the fund originally accountable therefor, in case there be any such fund, and in case there shall at said time be no such fund, then such demands shall be paid, in the order of its reallowance, out of the General Fund of such county, but should the payment of such sum or sums of money not be demanded within six years from and after the original allowance of such demand or demands, then such indebtedness shall not be reallowed by such Board of County Commissioners and the payment thereof shall be forever barred; provided, that nothing in this Act shall be construed to affect or repeal any Act providing for the redemption or funding of the indebtedness of any county in this State. SEC. 2. All Acts and parts of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed. District Judge to direct draw ing of panel jurors, and of trial time of drawing same. order with CHAP. XVI.-An Act Amendatory of an Act entitled "An Act to Amend an Act entitled 'An Act Concerning Juries,' approved March 5, 1873;" approved February 14, 1879. [Approved February 8, 1881.] The People of the State of Nevada, represented in Senate and SECTION 1. Section One of the Act of which this Act is amendatory is amended so as to read as follows: Section One. Section Four of said Act, entitled "An Act Concerning Juries," approved March 5, 1873, is amended so as to read as follows: Section Four. To constitute the regular panel of trial jurors for any term of the District Court such number of names as the Judge may direct shall be drawn from the jury box. The regular 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 Judge to file County Clerk an order that one be drawn, and the number of jurors to be drawn must be named in the order. 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 County To be drawn in County Clerk's office. By whom drawn. The to number of names. Manner of drawing. conducting 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 desig- ordeny the nating the name of such County Commissioner, and fixing Judge Axing 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: The number to be drawn having been previously determined by the Judge, the box containing the names of the jurors shall 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 non-exempt 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 cheaply to the county obtained. A list of the names so obtained shall be made out and certified by the officers drawing the jury, which list shall remain in the Clerk's office subject to inspection by any officer or attorney of the Court, and the Clerk shall immediately issue a venire, directed to the Sheriff of the county, commanding him to summon the persons so drawn as trial jurors to attend in Court at such time as the Judge may have directed, and the Sheriff shall make return of the venire at least the day before the day named for their appearance, after which the venire shall be subject to inspection by any officer or attorney of the Court. SEC. 2. Section Two of said Act, of which this Act is amendatory, is amended so as to read as follows: Section Two. Section Eight of the Act entitled "An Act Concerning Juries," approved March 5, 1873, is amended so as to read as follows: List of names to be subject to certified and inspection. Venire to issue and Sheriff to summon. County Com duties in Section Eight. It shall be the duty of the District Judge District and any one of the County Commissioners of the county, at Judge and least once in each year and as much oftener as the public missioners, interest may require, to select from the jury list twenty-four selecting persons who shall be summoned to appear as grand jurors Grand Jury. at such time as the Judge may order; provided, that if the District Judge deems proper he may direct any one of the County Commissioners of the county and the Clerk to select the grand jurors, and such County Commissioner and Clerk, if the Judge so directs, shall select from the jury list twenty-four persons as grand jurors. If the Judge order, stat appearance Judge to file directs the grand jurors to be selected by one of the County ing time for Commissioners of the county and the Clerk the Judge of jurors,etc must make and file with the Clerk an order designating the name of such County Commissioner, and the Judge shall in said order fix the time during the term of Court when said grand jurors shall be required to appear; and if from any ceed in case cause, such County Commissioner and Clerk should fail to of failure to select the grand jurors the Judge and any one of the County Commissioners may, at any time, select the same. How to pro select jurors in time. A certified list of jurors and venire to issue to Sheriff. A list of the names so selected as grand jurors shall be made out to be made, and certified by the officers making such selection and be filed in the Clerk's office, and the Clerk shall immediately issue a venire, directed to the Sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in Court at such time as the Judge may have directed; and the Sheriff shall summon such grand jurors, and out of the number so summoned the Court shall select seventeen persons to constitute the grand jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury, shall be selected be selected from the jury list by the Judge and Clerk and summoned to appear in Court at such time as the Court may direct. Sheriff to summon and Court to select the jury. Additional number to in certain cases. SEC. 3. All Acts and parts of Acts in so far only as they conflict with the provisions of this Act are hereby repealed. Undertaker and others to present certificates to the Coroner. CHAP. XVII.-An Act to Amend an Act entitled "An Act Relating to the Burial of the Dead of Incorporated Cities in the State of Nevada," approved March 8, 1879. [Approved February 8, 1881.] The People of the State of Nevada, represented in Senate and SECTION 1. Section Two of the above-entitled Act is amended so as to read as follows: Section Two. It shall be the duty of any undertaker or other person obtaining the certificate mentioned in the first Section of this Act, before burying such deceased person, to present such certificate to the Coroner of the county within which such deceased person shall have died. The issue permit said Coroner, after being satisfied of the truth of the facts set forth in said certificate, shall issue a permit to the person presenting such certificate to bury the deceased person named in said certificate, or shall take such action under Coroner to permit. the law as the facts set forth in said certificate shall warrant. Said permit shall be in writing, signed by the Coroner, and style of shall set forth the facts under which it was issued. Said Coroner shall file in his office all physicians' certificates sooner presented to him and shall keep a record of the same and a record memorandum of all permits so issued by him, which records and memoranda he shall turn over to his successor in office as a part of the public records of his office. permits. to CHAP. XVIII.—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 February 8, 1881.] The People of the State of Nevada, represented in Senate and SECTION 1. Section Three Hundred and Seventy-six of said Act is hereby amended so as to read as follows: Witnesses, Section Three Hundred and Seventy-six. All persons, eligible without exception, otherwise than as specified in this Chap- persons. ter, who, having organs of sense, can perceive, and perceiving can make known their perceptions to others, may be witnesses in any action or proceeding in any Court of the State. Facts which, by the common law, would cause the exclusion of witnesses may still be shown for the purpose of affecting their credibility. SEC. 2. Section Three Hundred and Seventy-seven is hereby amended so as to read as follows: Section Three Hundred and Seventy-seven. No person shall be disqualified as a witness in any action or proceeding on account of his opinions on matters of religious belief, or by reason of his conviction of felony, but such conviction may be shown for the purpose of affecting his credibility, and the jury is to be the exclusive judges of his credibility, or by reason of his interest in the event of the action or proceeding as a party thereto, or otherwise, but the party or parties thereto, and the person in whose behalf such action or proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and be compellable to give evidence, either viva voce or by deposition or upon a commission, in the same manner and be subject to the same rules of examination as other witnesses on behalf of himself, or either or any of the parties to the action or proceeding. Facts can be established to affect credibility. Persons not disqualified on account of religious belief or conviction but may be certain of felony, proven for purposes. Party to an witness in behalf, etc. action to be his own SEC. 3. Section Three Hundred and Eighty is hereby amended so as to read as follows: Section Three Hundred and Eighty. The following persons cannot be witnesses: (1) Those who are of unsound mind at the time of their production for examination; (2) Children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly. SEC. 4. Section Three Hundred and Eighty-one is amended so as to read as follows: Section Three Hundred and Eighty-one. A husband cannot be examined as a witness for or against his wife without her consent, nor a wife for or against her husband without his consent; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to an action or proceeding by one against the other. SEC. 5. All Acts and parts of Acts in so far only as they conflict with the provisions of this Act are hereby repealed. CHAP. XIX.-An Act to Amend Section One Hundred and The People of the State of Nevada, represented in Senate and SECTION 1. Section One Hundred and Thirty-nine of an Act entitled "An Act Concerning Crimes and Punishments," approved November 26, 1861, is hereby amended Use of false So as to read as follows: weights, measures, etc., prohib ited, and penalty. Section One Hundred and Thirty-nine. If any person or persons shall, knowingly, buy or sell any goods, wares or merchandise, or any valuable thing by false weight or measure, or shall, knowingly, use any false measure or false weight at any mill, in taking toll for grinding corn, wheat, rye or other grain, or shall, knowingly, use any false weight or weights, or false scales, or false steelyards, or false balances, or false measures for any purpose in buying or selling or trading any article whatever, he or she shall be deemed a common cheat, and, on conviction, shall be fined in any sum not to exceed two hundred dollars or imprisonment in the County Jail not more than six months, or by both such fine and imprisonment. |