CERTIFICATE OF COMPILERS

SUPREME COURT CHAMBERS,

CARSON CITY, NEVADA, December 15, 1911.

HON. GEORGE BRODIGAN, Secretary of State.

SIR: We, the undersigned, Justices of the Supreme Court of the State of Nevada, do hereby certify that the annexed is a true and full compilation of the general laws of the State of Nevada, as revised, compiled, annotated and indexed under an act of the legislature entitled "An act to provide for the revising, compiling, annotating and publishing the laws of the State of Nevada, and the compiling, annotating and publishing therewith certain laws of the United States of particular interest to the State of Nevada, and other matters properly connected therewith, and making appropriation therefor," which became a law March 31, 1909, and as amended March 20, 1911.

Jansen

PREFACE

This work has been prepared pursuant to the act of the legislature of March 31, 1909 (sections 1001 to 1016 of this volume), which provides that "The justices of the supreme court of the State of Nevada shall constitute a commission to revise, compile, annotate and index the laws of the State of Nevada, and certain laws of the United States," as directed in different sections of the act, and to present new bills for the consideration of the succeeding legislature. The magnitude of the task proposed was greater than at first realized, and the labor necessarily involved in the preparation of a careful and complete revision of all the statutes of the state was more than could be accomplished in the time at the disposal of the commission. Proceeding as far as this part of the work could be done. to the close of the legislative session, the commission revised and consolidated old and prepared new acts relating to the more important branches of the law, such as civil practice, crimes, and criminal practice, and these and an act comprehending a complete revision of the school laws of the state, were reenacted by the legislature of 1911. In the preparation of these the latest and most improved codes in various states were examined, sections which appeared beneficial and suitable to our conditions were adopted, amendments and changes were made, unnecessary requirements eliminated, new sections added, and more especially it was sought to make the law in relation to crimes more complete, and civil and criminal practice more simple, expeditious and inexpensive. The statement on motion for a new trial, which has heretofore caused delay and trouble in its amendment and settlement, is abolished, and a statement on appeal will no longer be necessary when the alleged errors appear upon the record, or except in cases where the evidence or other matter cannot be brought to the appellate court without the making and settlement of a statement.

As a basis for revision and compilation every act passed at the regular or special sessions of the legislature from 1861 to 1911, inclusive, has been examined and classified as general, special, local, amended, or repealed, and the books and manuscript showing these classifications have been retained for preservation in the archives of the secretary of state in contemplation of their use in preparing future revisions or compilations of the laws, in so far as they may relate to statutes passed to this time.

The preparation of the new act relating to schools was almost entirely the work of State Superintendent of Public Instruction Bray and Deputy Superintendents Abel, Anderson, Lightfoot, McKay, and Mitchell, and they are entitled to the credit for the painstaking labor involved in the revision of that important branch of the law, the commission being able to give only advice and slight assistance in this part of the revision which those officials readily undertook at the request of the commission.

As the work contains new features, arranged differently from any compilation heretofore published, an outline of its plan will be an aid to users. Nearly all of the acts relating to civil practice, crimes, and criminal practice passed since the main civil practice act of 1869, the general crimes and punishments and the general criminal practice acts in 1861, have been consolidated with the main acts and enlarged with new sections, and the old ones worked over have been repealed.

The direction in section 5 of the act authorizing this compilation, that all acts unconstitutional shall not be included, the commission has deemed as applying only where statutes manifestly fell within some well-established rule of construction enunciated by the supreme court so as to leave not the slightest question of doubt as to constitutionality. In no way whatever should it be deemed that the appearance of any statute within this publication carries any expression of opinion upon the part of the compilers by virtue of their official positions, either as to construction or constitutionality. Although not so classified, except in the table of contents, theoretically the work is arranged in four parts. The first contains Magna Carta, Declaration of Independence, Articles of Confederation, Federal and State Constitutions, and Enabling Acts. The third contains the statutes relating to courts, court officers, civil practice, divorce, adoption of children, estates of deceased persons, wills, guardians, and habeas corpus. The fourth contains the acts relating to crime, criminal practice, state prison and jails, pardons and paroles. The second contains the statutes of a general nature pertaining to the other branches of the law, with the titles in alphabetical order.

A little familiarity with this arrangement, and the knowledge that the acts relating to courts and civil practice are in the fore part and those concerning crimes in the last part of volume 2, will enable any one, without going to the table of contents or index, to turn to a desired title, with its schedule of acts and sections. The alphabetical list following this preface also permits of ready reference to the different titles. The next schedule shows the acts of Congress. The table of contents following gives a panoramic view of the whole work, and indicates where the various acts may be found.

At the heads of the more important acts are tables of statutory and constitutional cross-references, arranged separately and alphabetically. A number of acts were found to properly fall within either of two classifications, and when this occurred they were placed in that classification which seemed to the commission to be the more appropriate and a cross-reference made under the other classification.

The commission has endeavored by cross-references at the beginning of different subjects or titles, and under the various sections, to refer to sections in the same or other acts having a particular bearing upon the same subject-matter. Such cross-references should, however, be deemed only as an aid in finding the law upon a given subject, and whenever the importance of the investigation warrants resort should be had to the index for a more complete reference. The head-lines in large type above the sec