of a district court shall be taken to the supreme court, the party appealing shall, at or before the filing of the transcript on such appeal in the supreme court, pay the Clerk of the Supreme Court the sum of five dollars in gold or silver coin as and for a court fee; and the Clerk of the Supreme Court shall not file any such transcript in his office until such fee is paid.

To Give Receipts and Pay Over Money.

2496. SEC. 31. It shall be the duty of said Clerks, on the demand of any party asking it, to give a receipt to the party paying such fee for the same, specifying the title of the cause in which the same shall be paid and the date and amount of such payment; and it shall be the further duty of the several Clerks of the district courts of this state, on the first Monday of each and every month, to pay over to the County Treasurer of the county all moneys received by them for such court fees, together with a brief note of the cases in which the same were received, which money shall be payable in the District Judge salary fund of the district. embraced in the county where the same shall be received.

Clerk of Supreme Court to Pay Over Money.

2497. SEC. 32. The Clerk of the Supreme Court shall, on the first Monday in each month, pay to the State Treasurer all moneys received by him for court fees, rendering to said Treasurer a brief note of the cases in which the same were received. The money so received by the Treasurer shall be placed in the Supreme Judges' salary fund, and the same shall be used for no other purpose.

EXPENSES OF JURORS.

2498. SEC. 33. In all cases when a jury is kept together by order of the court during a trial, or by failure to agree upon a verdict, after the cause has been submitted to them by the court, the expenses of their board and lodging shall be taxed as other disbursements and expenses in favor of the prevailing party; no verdict shall be entered or judgment rendered thereon until the same is paid or tendered. The Clerk shall receive and properly disburse all money paid for the expenses of jurors, as in this section provided to be paid.

Folio, How Construed.

MISCELLANEOUS PROVISIONS.

2499. SEC. 34. The term folio, when used as a measure for computing fees or compensation, shall be construed to mean one hundred words, counting every figure necessarily used as a word. Any portion of a folio, when in the whole draft or paper there should not be a complete folio, and when there shall be an excess over the last folio exceeding a quarter of a folio, shall be computed as a folio. The filing of a paper shall be construed to include the certificate of the

same.

Mileage.

2500. SEC. 35. When any Sheriff, Constable or Coroner serves more than one process in the same cause, not requiring more than one journey from his office, he shall receive mileage only for the most distant service.

No Witness Fees for Attorney.

2501. SEC. 36. No attorney or counselor-at-law, in any case, shall be allowed any fees for attending as a witness in such case.

No Charge for Oath of Office.

2502. SEC. 37. No fees shall be charged by any officer for administering and certifying the oath of office.

Mileage, Where Computed From.

2503. SEC. 38. Mileage shall be computed from the court house of the county in all cases where mileage is chargeable by the Sheriff, and for other officers the

same shall be for the actual distance traveled, and every fraction of a mile shall be computed as a mile.

When Not to Charge Fees on Returns.

2504. SEC. 39. No Sheriff or other officers shall be allowed to charge or receive any fee or compensation whatever for the return written upon any summons, subpena, writ of attachment, execution, order of sale, or other paper; and any officer violating terms of this section shall be indicted, and upon conviction shall be fined in any sum not less than three hundred dollars, and shall upon conviction thereof be removed from office.

Not to Apply to Legislative Officers.

2505. SEC. 40. This Act shall not extend to nor affect any law relating to the salaries or compensation of officers of the senate or assembly of the State of Nevada, nor to the salary of any state or county officer, or deputy thereof.

Application of Act.

2506. SEC. 41. The provisions of section eight and section nine of this Act shall not apply to or affect any county in this state wherein the total vote at the last election did not exceed four hundred and fifty, and the provisions of this Act shall not apply to or affect the fees of the officers of any county in this state wherein the total vote of the last election did not exceed eight hundred, and the same shall apply to all future elections, and it is hereby provided that in such counties "An Act to regulate fees and compensation for official and other services in the State of Nevada," approved March 9, 1865 [see Sec. 2457, et seq.], and the Act amendatóry thereto, shall remain in full force and effect. As amended, Stats. 1893, 103.

Repeal.

2507. SEC. 42. This Act repeals all other Acts and parts of Acts now in force, relating to fees of officers, which fees are collectible by said officers from the persons for whom said services are rendered.

COURTS OF JUSTICE AND JUDICIAL OFFICERS.

An Act concerning the courts of justice of this state, and judicial officers.

Courts of Justice of the State.

Approved January 26, 1865, 110.

2508. SECTION 1. The following shall be the courts of justice for this state: First, the supreme court; second, the district courts; third, justices' courts; and, fourth, such municipal courts as may from time to time be established by the legislature in incorporated cities or towns.

Justices of Supreme Court.

2509. SEC. 2. The supreme court shall consist of a Chief Justice and two associates. Each Justice hereafter elected or appointed shall be commissioned by the Governor, and before entering upon the discharge of his duties, shall take the constitutional oath of office.

When Elected-Chief Justice:

2510. SEC. 3. The Justices of the Supreme Court shall be chosen at general elections by the qualified voters of the state; one of the Justices shall be chosen at the general election of the year one thousand eight hundred and sixty-six (1866), and at the general election every second year thereafter, and shall hold his office. for the term of six years from the first day of January next after his election. The senior Justice in commission shall be the Chief Justice, and in case the com

mission of any two or more of said Justices shall bear the same date, they shall determine by lot who shall be Chief Justice.

Governor to Fill Vacancies.

2511. SEC. 4. When, from any cause, a vacancy shall occur in the office of a Justice of the Supreme Court, the Governor shall fill the same by granting a commission, which shall continue until the election and qualification of a Justice to fill such vacancy. A Justice to fill a vacancy shall be chosen at the first gen

eral election subsequent to the occurrence of the vacancy.

Appellate Jurisdiction.

2512. SEC. 5. The supreme court shall have appellate jurisdiction in all cases in equity, and also in all cases at law in which is involved the title or right of possession to, or the possession of, real estate or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest or the value of the property in controversy, exceeds three hundred (300) dollars; also, in all other civil cases not included in the general subdivisions of law and equity, and also on questions of law alone, in all criminal cases in which the offense charged amounts to a felony.

Jurisdiction to Review.

2513. SEC. 6. The supreme court shall have jurisdiction to review upon appeal: First, a judgment in an action or proceeding, commenced in a district. court, when the matter in dispute is embraced in the general jurisdiction of the supreme court, and to review upon appeal from such judgment any intermediate order or decision involving the merits and necessarily affecting the judgment; second, an order granting or refusing a new trial in such cases; an order granting or refusing to change the place of trial of an action or proceeding after motion is made therefor in the cases in which that court has appellate jurisdiction, and from an order granting or refusing to grant an injunction or mandamus in the case provided for by law.

To Issue Certain Writs.

2514. SEC. 7. This court, and each of the Justices thereof, shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus, and also all writs and process necessary to the complete exercise of its appellate jurisdiction; such writs may be issued to any part of the state, and in granting writs of habeas corpus, such court, or a Judge thereof, may issue the writ upon application by or on behalf of any person held in actual custody in any part of the state, and may make such writs returnable before the court, or either of the Justices thereof, or before any district court of the state, or any Judge of said courts.

Power of Court on Appeal.

2515. SEC. 8. This court may reverse, affirm, or modify the judgment or order appealed from as to any or all of the parties, and may, if necessary, order a new trial, or the place of trial to be changed. When the judgment or order appealed from is reversed or modified, this court may make, or direct the inferior court to make, complete restitution of all property and rights lost by the erroneous judgment or order.

Terms of Court.

2516. SEC. 9. There shall be four terms of this court in each year, to commence on the first Mondays of January, April, July, and October. Such terms shall continue until the business before the court is determined, or for such length of time as, in the opinion of the court, the public interest may require.

Two Justices May Pronounce Judgment.

2517. SEC. 10. Two Justices shall constitute a quorum for the transaction of business, excepting such business as may be done at chambers, and the concur

rence of two Justices who heard the argument shall be necessary to pronounce any judgment, except in chamber business; and if two Justices who have heard the argument do not agree, the case shall be reargued.

Where Court Shall Be Held.

2518. SEC. 11. The supreme court shall hold its sessions at the capital of the state. If a room in which to hold the court, together with attendants, fuel, lights, and stationery, suitable and sufficient for the transaction of business, be not provided by the state, the court may direct the Sheriff of the county in which it is held to provide such room, attendants, fuel, lights, and stationery, and the expense thereof shall be paid out of the state treasury.

Opinions in Writing.

2519. SEC. 12. All opinions and decisions rendered by the supreme court shall be in writing, signed by the Justices concurring therein, and shall be spread at large on the records of the court kept for that purpose.

THE DISTRICT COURTS.

SECS. 13, 14 and 15 superseded by following Acts.

SEC. 16 is obsolete.

Original and Appellate Jurisdiction.

2520. SEC. 17. The district courts shall, severally, have original jurisdiction in all cases in equity; also, in all cases at law which involve the title, or the right of possession to, or the possession of, real property or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine; also, in all actions to foreclose mechanics' liens; and in all cases in which the demand, exclusive of interest, or the value of the property in controversy, exceeds three hundred dollars; also, in all cases relating to the estates of deceased persons, and the person and estates of minors, idiots, and insane persons, and of the action of forcible entry and unlawful detainer; and, also, in all criminal cases not otherwise provided for by law; they shall also have final appellate jurisdiction in cases arising in justice's courts, and such other inferior tribunals as may be established by law. The district courts and the Judges thereof, shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction; and also shall have power to issue writs of habeas corpus, on petition by, or on behalf of, any person held in actual custody in their respective districts. As amended, Stats. 1866, 59.

Court, Where Held.

2521. SEC. 18. The terms of the district court shall be held at the county seat of the several counties. If a room for holding the court be not provided by the county, together with attendants, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the court may direct the Sheriff to provide such room, attendants, fuel, lights, and stationery, and the expenses thereof shall be a county charge.

Terms of District Court.

2522. SEC. 19. The terms of holding these courts shall be as provided by law in such districts, and such terms shall continue so long as the business may require, or until the day fixed for the commencement of another term in the same district. The court may adjourn from time to time during the term, and may, when the public convenience requires, adjourn the term over the time fixed by law for the commencement of another term in the same district. Judgments and orders of the district court may be entered either in term or vacation, in civil cases. As amended, Stats. 1875, 119.

Business at Chambers.

2523. SEC. 20. The District Judges shall, at all reasonable times, when not engaged in holding courts, transact such business at chambers as may be done

out of court. At chambers they may try and determine writs of mandamus, certiorari, quo warranto, hear and dispose of motions for new trials, and all applications for writs which are usually granted, in the first instance, upon ex parte application, and may also, in their discretion, hear and determine applications to discharge such orders and writs. They may also hear and determine applications for writs of assistance at chambers.

May Hold Court in Any District, When.

2524. SEC. 21. A District Judge may hold a term in any judicial district in this state, upon the request of the Judge of the district in which such term is to be held; and when, by reason of sickness or absence from the state, or from any other cause, a term cannot be held in a district by the Judge thereof, a certificate of that fact shall be transmitted by the Clerk to the Governor, who shall thereupon direct some other District Judge to hold such term. It shall be the duty of the Judge thus directed to hold such term; provided, it will not conflict with his duties in his own district.

Court May Make Rules.

2525. SEC. 22. Each district court shall have power to make rules not inconsistent with the constitution and laws of this state, for its own government and the government of its officers; but such rules shall not be in force until thirty days after their adoption and publication, except for the first terms held under the constitution of the state; and no rule shall be made imposing any tax or charge upon any legal proceeding, except as a penalty upon overruling a demurrer, or making an allowance to any officer for services.

1. RULES OF COURT OBLIGATORY AND BINDING. Haley v. Eureka County Bank, 20 Nev. 410; Lightle v. Ivancovich, 10 Nev. 41.

2. DISCRETION OF COURT AS TO THEIR RULES. Caples v. C. P. R. Co., 6 Nev. 265.

3. RULES OF COURT. What necessary to enforcement, referred to, but not decided. Smith v. Lee, 10 Nev. 208.

Charge to Juries.

2526. SEC. 23. District Judges shall not charge juries upon matters of fact, but may state the evidence and declare the law. In stating the evidence, the Judge should not comment upon the probabilty or improbability of its truth, nor the credibility thereof. If the Judge state the evidence, he must also inform the jury that they are not to be governed by his statement upon matters of fact.

Reduce Decision to Writing.

2527. SEC. 24. A District Judge may be required, in deciding any question of law, to reduce his decision to writing at the time such decision is made, and note any exception thereto, which may be taken by either party, to a trial or proceeding before him.

Jurisdiction of Offenses.

2528. SEC. 25. The district courts shall have jurisdiction to inquire, by the intervention of a grand jury, of all public offenses, committed or triable in their respective districts, to try and determine all indictments found therein, and to hear and determine appeals from justices' or other inferior courts in all cases of a criminal nature.

Powers Over Estates and Guardians.

2529. SEC. 26. The district courts shall have power to open and receive the proofs of last wills and testaments, and to admit them to probate; to grant letters testamentary of administration and guardianship, and to revoke the same for cause shown, according to law; to compel executors, administrators, and guardians to render an account when required, or at the period fixed by law; to order the sale of property of estates, or belonging to minors; to order the payment of debts due by estates; to order and regulate all partitions of property or estates of deceased persons; to compel the attendance of witnesses; to appoint appraisers