them. The court may also allow, as part of the costs, the moneys paid for filing and recording the lien, and shall also allow to the prevailing party reasonable attorney's fees. As amended, Stats. 1903, 51; 1909, 169. Kerr, C. C. P. 1195. 2225. Exempt from attachment. SEC. 13. Whenever materials have been furnished for use in the construction, alteration, or repair of any building or other improvement, such materials shall not be subject to attachment, execution, or other legal process, to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof, so long as in good faith the same are about to be applied to the construction, alteration, or repair of such building, mining claim, or other improvement. Kerr, C. C. P. 1196. Cited, Gould v. Wise, 18 Nev, 260 (3 P. 30). 2226. Personal action not impaired. SEC. 14. Nothing contained in this chapter shall be construed to impair. or affect the right of any person to whom any debt may be due for work done or material furnished, to maintain a personal action to recover such debt against the person liable therefor. Kerr, C. C. P. 1197. 2227. Action on lien-Trial of-Sale of premises-Justice courts. SEC. 15. Said liens may be enforced by an action in any court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises to be charged with the lien; and at the time of filing the complaint and issuing the summons the plaintiff shall cause a notice to be published at least once a week, for three successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming liens under the provisions of this act on said premises, to be and appear before said court on a day specified therein, and during a regular term of such court, and to exhibit then and there the proof of their said liens. On the day appointed, the court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the said claims in a summary way, or may refer the same to a referee to ascertain and report upon said liens and the amount justly due thereon; and all liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited. On ascertaining the whole amount of said liens with which the said premises are justly chargeable, as herein before provided, the court shall cause said premises to be sold in satisfaction of said liens and costs, including costs of suit; and any party in whose favor such judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real estate; and if the proceeds of sale, after the payment of costs, shall not be sufficient to satisfy the whole amount of such liens included in the decree of sale, then such proceeds shall be apportioned according to the right of the several parties. In case the proceeds of such sale amount to more than the sum of said liens and the cost of sale, then the remainder shall be paid over to the owner of said property; and each party whose claim is not satisfied in the manner hereinbefore provided for, shall have personal judgment for the residue against the party legally liable for the same; provided, such person has been personally summoned or has appeared in the action. (SEC. 2.) Section 15 of an act entitled "An act to secure liens to mechanics and others, and to repeal all other acts in relation thereto," as to action on, trial of, and sale of premises under mechanics' liens, shall be applicable to such actions in a justice court. where the sum involved does not exceed three hundred dollars. As amended, Stats. 1907, 192. Kerr, C. C. P. 1198. Failure of a plaintiff, in an action to foreclose a mechanic's lien, to publish notice of the suit, will not deprive a lien claimant, who intervenes in the action, of his right to have an adjudication of his claim. Elliott v. Ivers, 6 Nev. 288. Where, in a suit to foreclose a mechanic's lien, certain lien claimants intervene and defendant answered and demurred to their interventions, it was held that the court acquired jurisdiction of the subject-matter, and the parties, and the whole thereof; and that the plaintiff could not, by dismissal of the suit, prevent an adjudication as to the rights of the interveners. Idem. Where a complaint to foreclose mechanics' liens fails to show that they were filed within six months before the commencement of the action, it was held that the omission was one which should be taken advantage of by demurrer, and that after issue joined and decision rendered on the merits, the pleading would be upheld by every legal intendment. Skyrme v. Occidental M. & M. Co., 8 Nev. 219. The sufficiency of a complaint for foreclosure of mechanics' liens it to be determined by the statute, and if there is a substantial compliance with its requirements it is sufficient. Idem. Mechanics' liens are assignable and may be enforced by action in the name of the assignee. Idem. Where various holders of liens assigned to one upon understanding that he was to bring suit in his own name, each assignor to bear his proportion of the expense and to share pro rata in the amount realized, it was held, that a suit by such assignee on all the liens might be maintained. Idem. Form of assignment sustained. Idem. No particular words are necessary to constitute an assignment of the debt; it is sufficient that the intent of the parties to effect an assignment be clearly established. Idem. Cited, Arrington v. Wittenberg, 12 Nev. 101. The court proceeded to hear and determine a case without proof that notice had been given to other lien claimants, and it was held that as there was no showing that there were other lien claimants, the defendant could not have been prejudiced, and is not entitled to a new trial. Lonkey v. Wells, 16 Nev. 272, 277. In an action to enforce a lien for labor performed upon a mine in which defendant was a partner and held the legal title in trust for the benefit of his copartners, he pleaded this fact in his answer, alleging knowledge thereof by plaintiff. It was held, that such portion of the answer was properly stricken out, the other members of the firm not being necessary, although proper, parties to the suit. Rosina v. Trowbridge, 20 Nev. 105, 109, 110, 112, 118 (17 P. 751). It was also held immaterial what plaintiff knew in regard to the ownership of the mine at the time he worked therein, and that ownership in the other members of the firm of an interest in a mine did not affect defendant's liability. Idem. In an action to foreclose a number of liens against a mining claim of a nonresident corporation, it was held that the statutory notice, as published to lien holders, was no notice to defendant of the pendency of the action. Lonkey v. Keyes S. M. Co., 21 Nev. 313, 314, 320 (17 L. R. A. 351, 31 P. 57). 2228. Satisfaction and discharge of lien. SEC. 16. The claimant of any such lien filed as aforesaid, on the payment of the amount thereof, together with the costs incurred and the acknowledgment of satisfaction, shall, at the request of any person interested in the property charged therewith, enter or cause to be entered an acknowledgment of satisfaction of the same [of] record within ten days from the request, and for failure of the claimant to enter satisfaction within the time, shall forfeit and pay to the person making the request the sum of twenty dollars per day until the same shall be entered, to be recovered in the same manner as other debts. 2229. Liens may be assigned. SEC. 17. Two or more creditors of the same class may assign their claims, duly verified, to any other creditor or person of the same class, and the assignee may commence and prosecute the action upon them all in his own name. All liens under this act shall be assignable as any other chose in action. 2230. Liens by wood choppers-Proceedings-Jurisdiction. SEC. 18. All persons who shall perform work or labor upon any tract or tracts of lands, by cutting or cording the wood or timber growing, or being thereon, shall have and may each, respectively, claim and hold a lien upon the wood or timber so cut or corded, for the amount in value of the work or labor so performed, by retaining possession of the same, until the whole amount due for such work or labor shall have been paid; provided, that any lien claimed and held, as aforesaid, shall be deemed to be waived, unless an action be brought in some court of competent jurisdiction, for the recovery of the amount for which such lien is claimed as security, within sixty days after such wood or timber shall have been taken into possession by the claimant; and the fact that such lien is claimed, shall be set out in the complaint, together with a description of, and the number of cords of wood, or feet of timber, retained in possession by the claimant. If the judgment be for the plaintiff in such action, the execution shall direct the same, with costs, to be satisfied out of the wood or timber so retained, if the same shall be sufficient; if not, then the balance to be satisfied out of any other property of the defendant in the same manner provided by law. In all cases where two or more persons are jointly engaged under a contract or employment, in cutting or cording wood or timber, on any tract or tracts of land in this state, any one of such persons may claim, have, hold and enforce a lien, for all the work or labor performed, as in this section provided, and for the benefit of the other persons jointly interested with him; in such cases, in all actions brought under the provisions of this section, it shall be the duty of the court, in case the judgment shall be for the plaintiff, to designate in such judgment the amount due each of the persons interested. Possession of wood or timber within the meaning of this section shall be deemed to be in the person or persons cutting or cording wood or timber, for the purposes of this act, from the time of cutting or cording the same; and shall not be deemed to have been released or yielded by the person or persons performing the work or labor, as herein provided, except such person or persons, by word or act clearly and distinctly declare, or evidence his or their intention to so release or yield possession; and in cases of a joint contract or employment. the possession of any part of the wood or timber, cut or corded, shall not be deemed yielded or released without the assent of all the persons cutting or cording the same, manifested as in this section provided. Justices of the peace shall have jurisdiction of all actions under the provisions of this act, when the amount claimed does not exceed three hundred dollars. As amended, Stats. 1879, 52. 2231. Foundrymen, liens of. SEC. 19. All foundrymen and boilermakers, and all persons performing labor, or furnishing machinery, or boilers, or castings, or other materials for the construction, or repairing, or carrying on of any mill, manufactory, or hoisting works, shall have a lien on such mill, manufactory, or hoisting works, for such work or labor done on such machinery, or boiler, or castings, or other material furnished by each respectively; and all the provisions of this act respecting the mode of filing, recording, securing, and enforcing the liens of contractors, subcontractors, journeymen, laborers, and others, and the word "superstructure," wherever it occurs in this act, shall be applicable to the provisions of this section of this act. The word "on" before "such machinery" should read "or." The change of the word "or" to "on" in the statute was a clerical mistake and should be disregarded. Gould v. Wise, 18 Nev. 261. Cited, Idem, pp. 254, 260. An Act to secure liens to ranchmen and other persons. Approved February 14, 1866, 65 [Secs. 1 and 2 repealed by Stats. 1911, Civ. Prac. Act, sec. 6821, and made a part of said act, and are now secs. 5822 5823 of this work.] 2232. Lien of ranch owner-Misdemeanor to remove stock without pay ment of keep. SEC. 3. Any person or persons who shall take and drive away any such animal or animals, while in the possession of such ranchman or person boarding the same, without having first paid all reasonable charges due thereon, and against the consent of such ranchman or other person, shall be deemed guilty of a misdemeanor; and, upon conviction thereof, in any court having jurisdiction of the same, shall be fined in any sum not exceeding the value of the stock so taken or driven away, nor less than fifty dollars; provided, that nothing herein contained shall be so construed as to release the owner or owners of said property from the amount of any lien there may be due thereon, under and by virtue of this act. See sec. 2278, estray animals. LIVE STOCK To regulate marks and brands, sections 2233-2242. Regulating use of marks and brands, sections 2243-2248. Concerning unlawful stock, sections 2249-2260. To prohibit certain live stock from running at large, sections 2261–2265. To protect live stock from disease, sections 2266–2268. To prevent the spread of contagious diseases among live stock, sections 2269-2271. To provide for immediate destruction of animals dying of contagious diseases, sections 2272-2273. Concerning estray animals, sections 2274–2284. To provide for the appointment of inspectors of hides, sections 2285, 2286. To protect horse growers, sections 2287, 2288. Providing for inspection of horses, sections 2289-2296. Authorizing destruction of wild unbranded stallions, section 2297. To prevent dissemination of contagious diseases among sheep, sections 2298-2312. Act supplementary to above act, sections 2313-2316. To prohibit herding or grazing of sheep within three miles of any town or village, sections 2317, 2318. In relation to herding, grazing and driving of sheep, sections 2319–2321. To prohibit swine from running at large, sections 2322-2324. To make it unlawful for the owner of swine or goats to allow them to run at large during a certain period of each year, sections 2325-2327. Relating to trespass of swine, sheep and goats, sections 2328–2331. To prevent trespassing of animals upon private property, sections 2332-2334. To prevent trespass upon real estate by live stock, sections 2335-2337. See State Board of Sheep Commissioners, secs. 4586-4602. 2233. Stock at large must have particular brand. SECTION 1. Owners of horses, mules, cattle, sheep, goats, or hogs, running at large, must have a mark or brand, and counterbrand, different from any one in use by any other person, so far as may be known. 2234. Brand to be recorded-Fees for. SEC. 2. Every such owner shall record with the recorder of his county, his mark, brand, and counterbrand, by delivering to said recorder his mark, cut upon a piece of leather, and his brand and counterbrand burnt upon it, and the same shall be kept in the recorder's office; a certified copy thereof made by the recorder, with the seal of his office attached thereto, shall be deemed evidence on the trial of any action in a court of competent jurisdiction, as to the ownership of all animals legally marked or branded as hereinafter provided. The recorder shall enter in a book to be kept by him for that purpose, a copy of said marks, brands, and counterbrands, provided that such recorder shall be satisfied that such brand and counterbrand tendered to him for record is unlike any other mark, brand, or counterbrand in the county, or as far as his knowledge extends, is different from any other in the state. For recording the mark, brand, and counterbrand, and transmitting the same as hereinafter provided, the recorder shall be entitled to demand and receive two dollars. 2235. Transcript of marks and brands. SEC. 3. It shall be the duty of every recorder in this state to transmit to the recorders of the adjoining counties, a transcript of all the marks, brands, and counterbrands recorded in his office, which shall be filed by any such recorders in their offices, and reference thereto shall be made in every case of application for the record of marks and brands under this act. 2236. Neglect of recorder-Penalty. SEC. 4. Any recorder knowingly and wilfully neglecting or refusing to comply with the provisions of this act, shall forfeit and pay for every such neglect or refusal, any sum not less than twenty-five nor more than one hundred dollars, to be recovered before any justice of the peace of said county where such neglect or refusal may occur, by any person suing therefor, together with all costs and damages that may occur by such neglect or refusal. 2237. Stock, when to be branded-Evidence. SEC. 5. Every person shall brand his horses and mules, and mark and brand his cattle before they are twelve months old, and mark his sheep, goats, and hogs before they are six months old. On the trial of an action as provided in section 2 of this act, to recover possession of any animal which is marked or branded as provided in this act, the mark and brand shall be primary evidence that the animal belongs to the owner or owners of the mark or brand, and that he, she, or they were entitled to the possession of the said animal at the time of the commencement of the action. 2238. But one mark and brand to be used. SEC. 6. No person shall use more than one mark, brand, or counterbrand; provided, however, this shall not extend to those persons who are the owners of more than one ranch or farm. 2239. Penalty for using unrecorded brand. SEC. 7. If any person shall use any mark, brand, or counterbrand, other than the one recorded by him, except by the consent of the owner of such other mark, brand, or counterbrand, he shall be liable to forfeit and lose to any person suing therefor, the stock so marked or branded with any other than his proper mark or brand recorded by him. 2240. Not more than half ear removed-Penalty. SEC. 8. No person, company, corporation, or association shall be allowed to use a mark made by cutting off more than half of the ear, measuring from the tip or extreme outer limit of the ear towards the animal's head, or by cutting the ear on both sides to a point. All companies, corporations, associations or individuals who may now be using such marks are hereby required to change the same immediately after the passage of this act. Any |