Walker Lake bulletin. (Hawthorne, Nev.) 1883-1926, 1885-11-25
TAs Pay Of Jurors

by various persons, summoned as trial
Jurors in the District Court. Ths San.
tinel says it was argued and suhm tilted
to the Court upon an agreed statement
Of facts concerning the payment of jury
tees under the law passed by the Legis-
lature last Winter. The plaintff aud
his signors alleged that ina.much as
they were duly and regularly summon.
ed Is trial jurors for the February term
| of court, and inasm uch as they appear.
ed snd answered TO theft names when.
ever required to do so, upon mona of
which occasions and days were they &c.
ceptsd or sworn TO try case, the de
PENDANT became and 10 indebted TO
them at the rate of % day. The cass,
which was proceeding known A. Sub.
hitting a controversy without action,
| was argued and submitted October 3ls:,
and was Intended to test the question
as to whether Jurors in this county are
entitled 10 receive per dime compen.
sation from the county for attendance
and service AS such, aud the same was
taken under ADJUSTMENT. judge Rives,
in his opinion rendered yesterday, says:
ut is commended, on behalf Of the
plaintiff. that many cluses Of tho Act
OF 1873, entitled An Act concerning
juries,' are not repealed, and ssps.
cially the ,l2th section Of said Act,
wherein provision is made for the
county's paying said jurors 50 pei
day On the other hand it Was con.
tended in behalf Of the county that
the Act Of the Legislature entitled An
Act to regulate fees and compensation
for Official aud other services In the
Stste Of Nevada aud to repeal all other
| Acts in relation thereto approved
February 81, 1885, by necessary impli.
cation, repealed the former Act VI
1878, and the attorney for the county
relies upon section 9 OF the Act of
I 1885. From a careful consideration
Of this section find that the Legisla.
ture has expressly forbidden that
Grand or trial jurors shall receive any
4 fees in criminal cuses, but that the
inhibition does not distinctly go any
further, aud in view OF the evident
hardship that such an inhibition
would work in the large majority Of
instances, cannot think that the Leg
islsturc so intended, especially in
view Of the existing law OF 1875,
which, it is only coatsnded, Is repeal.
ed by implication under the rule that
expressio unips est .exclusio slterius,
and upon examipation l 1nd the re-
pcaling clause of the Act Of 1888 reads
a. follows-Section 43; This Act re-.
peas AL other Acts and parts OF Acts
now in force relating to fees OF officers,
which fees are colectibls by said Off.
GERS from the persons for whom said
services are rendered. II the rule
above commended for as sustaining the
views of counsel for the comfy be
applicable at all, il would seem that
in order that no repeal should occur
by the implication the Legislature
had been careful to specify that the
only Acts which it Intended to repeal
are those relating to the fees Of Off.
4 GERS Section 8 Of the Act OF 1888 has
been III force since 1865, except in so
far as it was implicitly repealed by
the Act of 1873, and my opinion is
that since it has been reenactad since
tho latter Actit only affects the com.
pensation of jurors so far as to prvent
their being entitled to compensation
when serving in criminal cases.
While fail to see the wisdom of such
a distinctou IN respect to their oom.
pensation, it can only be said that the
Legislature has clearly made such
distinction and it must be sustained
to that extent. The same distinction
and provision was made in the old law
Of 1865, but being, as before stated, i'm
pliedly repealed by section 10 Of the
Act OF 1873, It has bean imperative
until re enacted by an. Act subsequent
to that of 1873, and thus by implica.
tion the Act of 1873 is so far suppressed
oil by the latter Act OF 1888. These
views auswet the question quoted In
favor of the plaintiff, aud it follws
therefrom that thc plaintiff is entitled
to judgment 10 his favor for the
amount CLAIMED and his costs"
The Board of County Commissioners
ordered that the District Attorney
forthwith appeal from said decision to
the Supreme Court Of the State, aud
take all necessary steps to have said
case presented and decided by said
Supreme Court.
| efP.