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allowed.

may be

basis Act.

ing is not sustained he shall pay all costs incurred by the inter

vention. Action to Sec. 603. No action to obtain a discovery under oath, in aid of the obtain discovery, etc., prosecution or defense of another action or proceeding, shall be allowed.

Sec. 604. In all cases not otherwise provided for in this Act, where Sureties sureties are required to justify, they shall appear before the officer or examined person authorized to take the justification, and may be examined under under oath. oath by such officer or person and the adverse party touching their qual

ifications as sureties, which examination shall be reduced to writing and subscribed by the sureties if required. If upon such examination it shall appear to such officer or person that said sureties, or either of them, have the necessary qualifications of such, he shall so indorse upon the statement and cause the same to be filed, and thereupon the

justification shall be complete. Act not to SEC. 605. Nothing in this Act shall be construed to interfere [with] interfere with coin

or affect any of the provisions of an Act entitled “An Act to establish the financial transactions of this State upon a coin basis," approved February 2d, 1869; but the public debts therein mentioned shall be

paid in the currency prescribed by said Act. Acts

Sec. 606. An Act of the Legislature of the late Territory of Nevada entitled "An Act to regulate proceedings in civil cases in the Courts of Justice of the Territory of Nevada," passed November Twenty-ninth, Eighteen Hundred and Sixty-one; and an Act of said Legislature entitled “An Act to amend an Act to regulate proceedings in the Courts of Justice in this Territory," passed February Twentieth, Eighteen Hundred and Sixty-one; and all Acts and parts of Acts amendatory of or supplementary to said Act of November Twenty-ninth, Eighteen Hundred and Sixty-one, and “An Act to regulate the civil jurisdiction and practice in Justices' Courts, and to consolidate into one Act former provisions on the subject," approved February Twenty-six, Eighteen Hundred and Sixty-six, and all Acts and parts of Acts in conflict with this Act are hereby repealed, but such repeal shall not invalidate any judgment rendered, or order made, or any proceedings already taken by virtue of said Acts or parts of Acts.

repealed.

Resolutions and Memorials.

39

RESOLUTIONS AND MEMORIALS

PASSED AT THE

FOURTH SESSION OF THE LEGISLATURE, 1868.

ASSEMBLY RESOLUTIONS AND MEMORIALS.

No. I.-Assembly Concurrent Resolution relating to Mail Service

from Belmont to Aurora, Nevada.

[Passed January 20, 1869.]

Aurora.

WHEREAS, The rapid increase of population and extensive develop- Relative to

ment of mineral and agricultural resources, and the rapid increase of mail service business in the central and southern portion of our State, embracing Belmont to San Antonio, Silver Peak, Palmetto and Fish Lake Valley; and,

Whereas, The amount of the capital invested, the enterprise and industry of the population, and their isolated condition from any mail communication, renders a semi-weekly mail service of the utmost importance to the business public of that section; therefore, be it

Resolved, by the Assembly, the Senate concurring, That our Senators be instructed, and our Representative in Congress

be requested, to use all honorable means within their power with the proper Department at Washington to procure, at as early a day as practicable, a semi-weekly mail service from Belmont, Nye County, Nevada, via San Antonio, Silver Peak, Palmetto and Fish Lake to Aurora, Esmeralda County, Nevada, and for the establishment of three post-offices on said route, to wit: one office at San Antonio, Nye County, Nevada; one office at Palmetto, Esmeralda County, Nevada; and one office at Pratt and Parvin's Rancho, in Fish Lake Valley, Esmeralda County, Nevada.

Resolved, That the Governor be requested to forward a copy hereof to each of our United States Senators and Representative in Congress.

No. II.—Assembly Concurrent Resolution.

[Passed January 28, 1869.] .

James Dawley granted leave of absence.

Resolved, by the Assembly, the Senate concurring, That James M. Dawley, Sheriff of Lander County, is hereby granted leave of absence from this State for the period of six months, at any time within the present year; provided, that the Sheriff shall have competent deputies to discharge all the duties of said office required by law during his absence.

No. III.—Memorial and Joint Resolution.

[Passed February 1, 1869.]

To the Honorable the Senate and House of Representatives of the United

States in Congress assembled :

expenses

ment.

Relative to Your memorialists, the Legislature of the State of Nevada, would incurred in respectfully represent, that the National Government has invariably carrying on paid all proper expense incurred in carrying on the Territorial GovGovern ernments inaugurated by Congress; and, whereas, The present State

of Nevada, on account of its peculiar situation and locality, has found the amount appropriated by Congress to carry on its late Territorial Government was wholly inadequate to meet the necessary expenses of the said Territorial Government; and, whereas, A large amount of equitable indebtedness, created prior to the organization of the Territory of Nevada, while we yet were a part of Utah, had accrued, which the Territory deemed to be resting upon the community as a just obligation, and which was assumed and paid by the Territory and State of Nevada ; and, whereas, Other moneys have been expended by the State and Territory in suppressing Indian hostilities, and also in payment of our volunteers in the service of the National Government; and, whereas, The Legislature of the State of Nevada, in special session passed on the twenty-ninth day of March, A.D. 1867, a joint resolution authorizing the Governor to cause to be prepared a correct statement of the amount of such indebtedness assumed by the State, including the amount paid by the State of Nevada to the soldiers of that State in the service of the National Government; the amount paid on old Carson County (then a part of Utah) indebtedness, and the amount expended by the State for the suppression of Indian disturbances, and to forward the same to our Senators and Representative in Congress for adjustment; and, whereas, His Excellency the Governor, in his second Biennial Message to the Legislature of the State of Nevada, informed that honorable body that in conformity with such request he caused such statement to be made and forwarded, and that he received due notice of its arrival at the National Capitol in the month of February last, and its presentment before the Committee on Claims of the Senate ; and, whereas, The said Message informs

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