NRS 71.100 Enforcement;applicability of other provisions of NRS.
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ARREST AND BAIL
NRS 71.010Orderof arrest and arrest of defendant.An order toarrest the defendant may be endorsed on a summons issued by the justice, andthe defendant may be arrested thereon by the sheriff or constable, at the timeof serving the summons, and brought before the justice, and there detaineduntil duly discharged, in the following cases:
1. In an action for the recovery of money or damageson a cause of action arising upon contract, express or implied, when thedefendant is about to depart from the State with intent to defraud hiscreditors.
2. In an action for a fine or penalty, or for money orproperty embezzled or fraudulently misapplied or converted to his own use byone who received it in a fiduciary capacity.
3. When the defendant has been guilty of a fraud incontracting the debts or incurring the obligation for which the action isbrought.
4. When the defendant has removed, concealed ordisposed of his property, or is about to do so, with intent to defraud hiscreditors.
[1911 CPA 802; A 1913, 364; NCL 9291]
NRS 71.020Affidavitand undertaking for order of arrest.Before anorder for an arrest can be made, the party applying must prove to thesatisfaction of the justice, by the affidavit of himself or some other person,the facts upon which the application is founded. The plaintiff must alsoexecute and deliver to the justice a written undertaking in the sum of $300,with sufficient sureties, to the effect that the plaintiff will pay all coststhat may be adjudged to the defendant, and all damages which he may sustain byreason of the arrest, if the same be wrongful or without sufficient cause, notexceeding the sum specified in the undertaking.
[1911 CPA 803; RL 5745; NCL 9292]
NRS 71.030Arresteddefendant immediately taken before justice.Thedefendant, immediately upon being arrested, shall be taken to the office of thejustice who made the order, and if he is absent or unable to try the action, orif it appears to such justice by the affidavit of defendant that he is amaterial witness in the action, the officer shall immediately take thedefendant before a justice of another township, who shall take jurisdiction ofthe action and proceed thereon as if the summons had been issued and the orderof arrest made by him.
[1911 CPA 804; RL 5746; NCL 9293](NRS A 1959,48)
NRS 71.040Arrestingofficer must give notice of arrest to plaintiff.Theofficer making the arrest must immediately give notice thereof to the plaintiffor his attorney or agent, and endorse on the summons, and subscribe acertificate, stating the time of serving the same, the time of the arrest andof his giving notice to the plaintiff.
[1911 CPA 805; RL 5747; NCL 9294]
NRS 71.050Arrestingofficer must keep defendant in custody.Theofficer making the arrest must keep the defendant in custody until he isdischarged by order of the justice.
[1911 CPA 806; RL 5748; NCL 9295]
ATTACHMENT
NRS 71.090Applicabilityof chapter 31of NRS to Justice Courts.The provisions of chapter 31 of NRS are applicable to attachmentsissued in Justice Courts, the word constable being substituted for the wordsheriff, whenever the writ is directed to a constable, and the word justicebeing substituted for the word judge.
[1911 CPA 810; A 1913, 364; 1933, 85; 1931 NCL 9299](NRS A 1973, 1189)
CLAIM AND DELIVERY
NRS 71.100Enforcement;applicability of other provisions of NRS.Inan action to recover possession of personal property, the plaintiff may, at thetime of issuing summons, or at any time thereafter before answer, claim thedelivery of such property to him. NRS 31.840to 31.950, inclusive, are applicable tosuch claim when made in Justice Courts, the powers therein given and dutiesimposed on sheriffs being extended to constables, and the word justice beingsubstituted for the word judge.
[1911 CPA 811; RL 5753; NCL 9300](NRS A 1973,1152)
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