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512. Conviction of attorney.
SEC. 15. In the case of the conviction of an attorney or counselor of a felony or misdemeanor involving moral turpitude, the clerk of the court in which the conviction was had shall, within thirty days thereafter, transmit to the supreme court a certified copy of the record of conviction.
See In re Granger, 15 Nev. 57, under section 14 of this act.
513. Proceedings to remove.
SEC. 16. The proceedings to remove or suspend an attorney and counselor, under the first subdivision of section 14th, shall be taken by the court on the receipt of the certified copy of the record of convictions; the proceedings under the second and third subdivisions of section 14th may be taken by the court for matters within its knowledge, or may be taken upon the information of another.
514. Accusation to be in writing.
SEC. 17. If the proceedings be upon the information of another, the accusation shall be in writing, and shall be presented to the court.
515. Accusation, what to state.
SEC. 18. The accusation shall state the matters charged, and shall be verified by the oath of the person making it, or some other person, to the effect that the charges therein contained are true.
516. To appear and answer.
SEC. 19. After receiving the accusation, the court shall, if in its opinion the case require it, make an order requiring the accused to appear and answer the accusation, at a specified time, in the same or subsequent term, and shall cause a copy of the order, and of the accusation, to be served upon the accused within a prescribed time before the day appointed in the order. 517. Appearance of accused.
SEC. 20. The accused must appear at the time appointed in the order and answer the accusation, unless for sufficient cause the court assign another day for that purpose; if he do not appear, the court may proceed and determine the accusation in his absence.
SEC. 21. The accused may answer the accusation, either by objecting to the sufficiency, or by denying its truth.
SEC. 22. If he object to the sufficiency of the accusation, the objection shall be in writing, but need not be in any specific form, it being sufficient if it present intelligibly the grounds of the objection. If he deny the truth of the accusation, the denial may be oral, and without oath, and shall be entered upon the minutes.
SEC. 23. If an objection to the sufficiency of the accusation be not sustained, the accused shall answer forthwith.
521. Plea of guilty.
SEC. 24. If the accused plead guilty, or refuse to answer the accusation, the court shall proceed to judgment of removal or suspension. If he deny the matter charged, the court shall immediately, or at such time as it may appoint, proceed to try the accusation.
522. Reference to committee.
The court may, in its discretion, order a reference to a commit
tee to take the depositions in the matter, and to report to the court before proceeding to try the accusation.
523. Judgment on conviction.
SEC. 26. Upon conviction, in cases arising under the first subdivision of section 14th, the judgment of the court shall be, that the name of the party be stricken from the roll of attorneys and counselors of the court, and he be precluded from practicing as such attorney or counselor in all the courts of this territory; and, upon conviction in cases under the second and third subdivisions of section 14th, the judgment of the court may be, according to the gravity of the offense charged, deprivation of the right of practice as attorneys or counselors in the courts of this territory, permanently or for a limited period.
524. May appear in own behalf.
SEC. 27. Nothing in this act shall be so construed as to prevent any person from appearing in his own behalf in any court in this territory.
Attorneys assigned to defend persons charged with crime may be compensated, secs. 7339-40.
An Act requiring that certain officers performing legal functions shall possess legal qualifications.
525. Who eligible.
Approved March 24, 1909, 313
SECTION 1. No person shall be eligible to the office of justice of the supreme court, district judge, or district attorney unless he shall be a bona fide resident of the State of Nevada and an attorney duly licensed and admitted to practice law in all the courts of this state.
AUTHENTICATION OF RECORDS
526. Authentication of legislative acts and proof of judicial proceedings of states. 527. Proof of records kept in offices not pertaining to courts.
528. Copies of foreign records, etc., relating to land titles in the United States. 529. Little & Brown's edition of the statutes to be evidence.
[From Revised Statutes of the United States.]
526. Authentication of legislative acts and proof of judicial proceedings of states.
SEC. 905. The acts of the legislature of any state or territory, or of any country subject to the jurisdiction of the United States, shall be authenticated by having the seals of such state, territory, or country affixed thereto. The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form, and the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.
Statutes of state or territory. Commercial Bank v. Patterson, 2 Cranch (C. C.) 346; United States v. Amedy, 11 Wheat. (U. S.) 392; United States v. Jones, 1 Wash. (U. S.) 363; Creig v. Brown, Pet. (C. C.) 352.
Judicial proceedings. In re Runey, 20 Fed. Cas. No. 12032; Fitzsimmons v. Johnson, 90
Tenn. 416 Channing v. Reiley, 4 Cranch (C. C.) 528; Harrison v. Weatherby, 180 III. 418; Ferguson v. Harwood, 7 Cranch (U. S.) 408; Hade v. Brotherton, 3 Cranch (C. C.) 594; Matter of Leary, 10 Ben. (U. S.) 197.
Attestation by clerk. Ritchie v. Carpenter, 2 Wash. 512; Ferguson v. Harwood, supra.
By deputy. Willock v. Wilson, 178 Mass. 68. Seal, how annexed. Turner v. Waddington, 3 Wash. (U. S.) 126; Talcott v. Ins. Co., 2 Wash. (U. S.) 449; Ritchie v. Carpenter, supra.
Certificate of judge or magistrate. Northwestern M. L. I. Co. v. Stevens, 71 Fed. 258; Smith v. Brackett, 69 Corn. 492; Gardner v. Lindo, 1 Cranch (C. C.) 78; United States v. Biebusch, 1 Fed. 213; Kinnseley v. Rumbough, 96 N. C. 193; Taylor v. Carpenter, 2 W. & M. (U. S.) 1; Stewart v. Clark, Hempst. (C. S.) 94; Keith v. Stiles, 92 Wis. 15; Willock v. Wilson, supra; Bennett v. Bennett, Deady. 299; Grigg v. Conway, Hempst. (U. S.) 538; Cregg v. Brown, Pet. (C. C.) 352; Catlin v. Underhill, 4 McLean (U. S.) 199. Mode of authentication not exclusive. Gribble v. Presco, 15 Fed. 689; Wells v. Davis, 105 N. Y. 670; Hewitt v. Bank, 64 Neb. 463; Guarantee Co. v. Potteries Co., 56 N. J. Eq. 441: Otto v. Trump, 115 Pa. St. 425; Willock v. Wilson and Ritchie v. Carpenter, supra.
Sufficiency of authentication, question of law. Wittemore v. Malcomson, 28 Fed. 605. Authentication according to statute not required by U. S. courts as to records of a state court where introduced in evidence in a federal court in the same state. Mewster v. Spalding, Channing v. Reiley, Bennett v. Bennett, supra.
Statute does not apply to the courts of the United States. Turnball v. Payson, 95 U. S. 418; Owings v. Hull, 9 Pet. (U. S.) 607; United States v. Wood, 28 Fed. Cas. No. 16757; In re Neale, 17 Fed. Cas. No. 10066; Mason v. Lawrason, 1 Cranch (C. C.) 190; National Acc. Soc. v. Spiro, 94 Fed. 750; Buford v. Hickman, Hempst. 232; O'Hara v. Mobile R. R. Co., 76 Fed. 718; Embrey v. Palmer, 107 U. S. 3; Galpin v. Page, 3 Sawy. (U. S.) 93; Union Bank v. Memphis, 111 Fed. 56.
Courts of the District of Columbia. Embrey v. Palmer, supra.
527. Proofs of records kept in offices not pertaining to courts.
SEC. 906. All records and exemplifications of books, which may be kept in any public office of any state or territory, or of any country subject to the jurisdiction of the United States, not appertaining to a court, shall be proved or admitted in any court or office in any other state or territory, or in any such country, by the attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county, parish, or district in which such office may be kept, or of the governor or secretary of state, the chancellor or keeper of the great seal, of the state, or territory, or country, that the said attestation is in due form, and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor or keeper of the great seal, it shall be under the great seal of the state, territory or country aforesaid in which it is made. the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the state, territory, or country, as aforesaid, from which they are taken.
Section construed. Williams V. United States. 137 U. S. 113; Chase v. Caryl, 57 N. J. L. 545; Jones v. Melindy, 62 Ark. 203.
Does not exclude every other mode of authentication. Logansport Co. v. Knowles, 15 Fed. Cas. No. 8466.
528. Copies of foreign records relating to land titles in the United
SEC. 907. It shall be lawful for any keeper or person having the custody of laws, judgments, orders, decrees, journals, correspondence, or other public documents of any foreign government or its agents, relating to the title to lands claimed by or under the United States, on the application of the head of one of the departments, the solicitor of the treasury, or the commissioner of the general land office, to authenticate copies thereof under his hand and seal, and to certify them to be correct and true copies of such laws, judgments, orders, decrees, journals, correspondence, or other public documents, respectively; and when such copies are certified by an American minister or consul, under his hand and seal of office, to be true copies of the originals, they shall be sealed up by him and returned to the solicitor of the treasury, who shall file them in his office, and cause them to be recorded in a book to be kept for that purpose. A copy of any such law, judgment, order, decree, journal, correspondence, or other public document, so filed, or of the
same so recorded in said book, may be read in evidence in any court, where the title to land claimed by or under the United States may come into question, equally with the originals.
529. Little & Brown's edition of the statutes to be evidence.
SEC. 908. The edition of the laws and treaties of the United States, published by Little & Brown, shall be competent evidence of the several public and private acts of Congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several states, without any further proof or authentication thereof.
Relating to Sales of Unclaimed Property
530. Articles remaining over one year. 531. Notice posted.
532. Disposal of excess.
533. Costs of sale limited.
534. Bailees may sell goods, when.
535. Proceeds, how disposed of. 536. Not to apply to pawnbrokers.
537. Storage of unclaimed freight.
540. Perishable freight.
541. Sale of property to pay freight-Sur-
An Act for the protection of jewelers, watchmakers and watch repairers.
Approved February 10, 1885, 20.
530. Articles remaining over one year.
SECTION 1. Watches, jewelry, or other articles, after having been repaired and remaining over one year with any jeweler, watchmaker or watch repairer, in this state, shall be subject to sale at public auction, to the highest bidder, for charges due thereon for repairs and accrued interest.
531. Notice posted.
SEC. 2. At least twenty days before offering any of the articles mentioned in this act for sale, the holder or holders thereof shall post in front of his or their place of business the day and date of sale, and a particular description of the article to be sold, name of depositor, amount of charges thereon and accrued legal interest, which charges and interest shall become a lien on the article so posted for sale, which sale shall be by public auction to the highest bidder.
532. Disposal of excess.
SEC. 3. The excess, if any, after deducting charges for repairs and interest, shall be placed in the county treasury, subject to the laws governing escheats.
533. Costs of sale limited.
SEC. 4. The cost of any sale of any such watch, watches, jewelry, or other article, shall in no event be more than ten per cent on the whole amount realized from the sale of the same, and any watchmaker, watch repairer, or jeweler, who fails to pay the excess aforesaid into the county treasury, as provided in section 3 of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding five hundred dollars, nor less than ten dollars, and costs of suit, and on failure of defendant to pay such fine and costs he shall be imprisoned in the county jail, at the rate of
one day for every two dollars of such fine and costs, until the whole thereof shall be fully satisfied.
An Act defining the rights of bailees for hire of goods in storage, as to disposition of unclaimed or delinquent property.
Approved March 24, 1909, 216
534. Bailees may sell goods, when.
SECTION 1. When any goods, merchandise or other property to be placed in storage has been received by any person, persons, firm or corporation acting as bailee for hire of said goods, merchandise, or other property to be placed in storage in any room, building or other structure belonging to or leased by the said person, persons, firm, or corporation acting as bailee, it shall be the right and the right is hereby granted to said bailee to sell the said goods, merchandise, or other property at public auction to the highest bidder not less than six (6) months after the bailor has first failed to pay the storage charges on the said goods, merchandise, or other property; provided, that said sale shall not be had contrary to any agreement or contract between bailor and bailee; provided, further, that the bailee shall notify the bailor of the intended sale thirty (30) days previous thereto if the bailor's address or residence be known to the bailee; if not known, then the bailor shall publish notice in any newspaper most likely to give notice at least once weekly for a period of four (4) weeks successively, or, if there be no newspaper published in the town or township wherein the bailee resides, then notice may be given by posting notices in three (3) or more public places in said town or township for a period of four (4) weeks previous to said sale. 535. Proceeds, how disposed of.
SEC. 2. Out of the proceeds of said sale the bailee may pay all just claims against the property sold, including the bailee's charges for storage. If there be any surplus after all just claims are satisfied, the bailee shall pay the same to the bailor, if his address be known; if not, then the bailee shall deposit the same with the county treasurer of the county wherein such sale was made, who shall hold the same for one year (for the benefit of the owner), and if no owner appear to claim the said surplus it shall be paid over to the state treasurer for the benefit of the state school fund.
536. Not to apply to pawnbrokers.
SEC. 3. The provisions of this act shall in no case be construed to affect any person, persons, firm or corporation doing a pawnbroking or moneylending business in this state, and not acting as bailee for hire within the intendment of this act.
An Act defining the rights of common carriers, as to the disposition of unclaimed property.
Approved February 25, 1875, 86
537. Storage of unclaimed freight.
SECTION 1. When any goods, merchandise, or other property has been received by any railroad or express company, or other common carrier, commission, forwarding merchant, or warehouseman, for transportation or safe keeping, and are not delivered to the owner, consignee, or other authorized person, the carrier, commission, forwarding merchant or warehouseman may hold or store the same with some responsible person until the freight and all just and reasonable charges on same are paid.
538. Responsibility of carrier.
SEC. 2. If a consignee does not accept and remove freight within twenty