Amending civil practice act Complaint and summons Unlimited alias summonses [Assembly Bill No. 72—Mr. Mathews] CHAP. 48-An Act to amend section seventy-five of an act entitled "An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto," approved March 17, 1911, said section being section 5017 of the Revised Laws of Nevada of 1912. [Approved March 4, 1921] The People of the State of Nevada, represented in Senate and SECTION 1. Section seventy-five of the above-entitled act is hereby amended so as to read as follows: Section 75. The clerk must endorse on the complaint the day, month, and year the same is filed, and at any time within one year after the filing of the same the plaintiff may cause to be issued a summons thereon. The summons shall be issued and signed by the attorney of the plaintiff, or by the clerk, and when issued by the clerk shall be issued under the seal of the court. At the time of issuing the original summons or at any time thereafter the clerk, upon the demand of the plaintiff, shall issue as many alias summonses, in the same form as the original, as may be required by the plaintiff. porations, if resident agent, entitled to benefit of statute of limitations [Assembly Bill No. 79-Mr. Heward] CHAP. 49-An Act to amend section 1 of an act entitled "An The People of the State of Nevada, represented in Senate and SECTION 1. Section 1 of the above-entitled act is hereby amended so as to read as follows: Section 1. Every foreign corporation doing business in Foreign cor the State of Nevada is, and shall be, entitled to the benefit maintaining of the laws of this state limiting the time for the commencement of civil actions; provided, such corporation shall maintain and keep in the state a resident agent upon whom process may be served, and also shall file a certified copy of its articles of incorporation, and any amendment or amendments thereto, as required by the laws of this state; and provided further, that the benefit of this act shall be suspended during any period or periods when said corporation is in default in complying with the said requirements; nor can any such corporation maintain any action or proceeding in any court of this state while so in default. Right sus pended, when [Assembly Bill No. 86-Mr. Henderson] CHAP. 50-An Act to amend section 872 of an act entitled "An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto," approved March 17, 1911, being section 5814, Revised Laws of Nevada. [Approved March 4, 1921] The People of the State of Nevada, represented in Senate and SECTION 1. Section 872 of the above-entitled act is hereby Amending civil practice amended so as to read as follows: act receive Section 872. The prevailing party in any civil action at winning law in the justice courts of this state shall receive, in addition party to to the costs of court as now allowed by law, a reasonable attorney fee attorney fee, said fee to be fixed by the justice of the peace, and taxed as costs against the losing party, and on appeal the district court is hereby authorized to allow said costs, if judgment is given for the same party; if the appealing party shall prevail on such appeal, the district court is hereby authorized to allow him, as costs, the amount allowed by the justice of the peace as a reasonable attorney fee to the prevailing party in such justice court. [Assembly Bill No. 88-Messrs. Gummow, Heward, and Royle] CHAP. 51-An Act declaring Winnemucca lake navigable and the title to the bed thereof in the State of Nevada. [Approved March 4, 1921] The People of the State of Nevada, represented in Senate and of Winne SECTION 1. That Winnemucca lake, located in townships Title to bed 24, 25, 26, 27, and 28 north, ranges 23 and 24 east, Mount mucca lake Diablo meridian, Nevada, is a navigable body of water and vests in that title to the bed thereof is held by the State of Nevada. Nevada [Senate Bill No. 64-Senator Scott] CHAP. 52-An Act authorizing the acquisition of a water system for the town of Panaca, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto. [Approved March 4, 1921] The People of the State of Nevada, represented in Senate and SECTION 1. The board of county commissioners of the county of Lincoln is authorized and directed to prepare, issue, and Bonds of sell negotiable coupon bonds of the town of Panaca in said. county for an amount not exceeding $15,000, exclusive of acquisition interest, for the purpose of providing funds for the acquisition of a water system for the town of Panaca. Said bonds shall be named "Town of Panaca Water System Bonds." of water system for Panaca Denomina tion of bonds Interest 6% County to of engineer of public service SEC. 2. Said bonds shall be prepared in denominations of $250 and shall be numbered consecutively. They shall be made payable in gold coin of the United States and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, acting as a town board, and countersigned by the clerk of said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like gold coin at a rate not exceeding 6 per centum per annum, payable annually, on the first Monday in July. They shall be redeemed and retired consecutively in the order of their issuance annually thereafter, according to the time specified therein from the date of their issue, respectively, and in no case shall any bond run for a longer period than twenty years. SEC. 3. The board of county commissioners of the county of Lincoln shall be entitled to have the advice of the expert have advice engineer of the public service commission of Nevada, or his successor, who shall make a detailed estimate of the reasoncommission able cost of each of said proposed systems. After receiving such advice and estimate the board shall be guided by the provisions of an act entitled "An act to enable the unincorporated cities and towns of the State of Nevada to acquire by construction, purchase, or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collection of rates for the service thereof, and other matters relating thereto," approved March 23, 1911, as it stands amended, except as otherwise provided in this act. SEC. 4. If a majority of all the votes cast are in favor of When bonds the issue of the bonds, the board of county commissioners, acting as a town board, shall proceed at once to execute and issue them as rapidly as needed. shall be issued Sale of bonds SEC. 5. The board of county commissioners, acting as aforesaid, is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, to the highest and best bidder, giving preference to the State of Nevada, or by private sales, as they may deem best, and may reject any or all bids; provided, that no bond shall be sold for less than par value. Panaca Fund" SEC. 6. The said board of county commissioners, acting as "Town of aforesaid, shall pay the proceeds from the sale of said bonds water to the county treasurer, who shall keep a detailed record of System the same, and assign the same to a fund to be known as the "Town of Panaca Water System Fund," and who shall pay out the same for the acquisition, installment, management, and control of any system acquired under the provisions of this act, in all respects as required for such payments by the board of county commissioners acting as a town board. All moneys acquired for service or the sale of service from said systems, and other revenues, shall be paid by the officer collecting the same to the county treasurer, who shall assign the same to the "Town of Panaca Water System Fund," created as aforesaid, for use as such fund may be required to be used, and at the first meeting of the board of county commissioners in January of each year, any surplus remaining shall be assigned by the treasurer on order of said board to the town of Panaca water system bond interest and redemption fund. to pay bonds SEC. 7. To provide for the payment of the said bonds and the Special tax interest thereon the board of county commissioners shall levy and interest and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said town of Panaca, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, three of said bonds annually, beginning with the first Monday in July, 1922, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund "Town of to be known as the "Town of Panaca Water System Bond Water Interest and Redemption Fund." Said bonds and interest System shall be paid from this fund. Said bonds and the interest Interest and thereon shall be a lien on all property subject to taxation Fund" within said town of Panaca. Panaca Bond Redemption when SEC. 8. Whenever the bonds and interest provided for in Tax ceases, this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond interest and redemption fund shall, by order of the board of county commissioners of the said county, be transferred to the town of Panaca water system fund. If at any time there are sufficient funds in the said bond interest and redemption fund to care for the obligations of the current year in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower. to cancel SEC. 9. Whenever the county treasurer shall redeem any Treasurer of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof "Paid," bonds redeemed Interest ceases, when Faith of Nevada pledged Existing law governs Time limit together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified. SEC. 10. The provisions of the existing law respecting the manner of acquisition of utilities, advertising notice of intention to issue bonds, bond elections, the duty of commissioners to act on a proper petition, the collection and enforcement of collection of rates for service, and all other provisions not expressly superseded by this act shall apply to the acquisition, management, and financing of the systems mentioned in this act. The commissioners shall act as soon as they conveniently may, and the bonds shall be prepared not later than June 1, 1921. The system herein provided for shall be deemed a public use authorized by the legislature such as is assisted by the principle of eminent domain. Fees of [Senate Bill No. 50-Senator Uniacke] CHAP. 53-An Act to regulate the fees of the county clerk of [Approved March 5, 1921] The People of the State of Nevada, represented in Senate and SECTION 1. The county clerk of Pershing County, State of Nevada, shall be allowed to charge, and to collect, the following fees; provided, that said clerk shall neither charge, nor collect, any fees for services by him rendered to the State of Nevada or to the county of Pershing. On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding, seven dollars, said fee to be paid in addition to the court fee of three dollars now provided by law. On an appeal to the district court, to be paid by the party taking such appeal, seven dollars; said fee to be paid in addition to the court fee of one dollar now provided by law. |