4348. May be required to survey state boundary. SEC. 2. When required by law, the surveyor-general shall make an accurate and complete survey, by astronomical observations and linear surveys, of the boundaries of the state, as declared by the constitution, or as may hereafter be determined by the Congress of the United States, or the people of this state. 4349. To make map of the state-To run boundary line between counties— Commissioners may require survey. SEC. 3. When required by law, he shall make an accurate map of the state, and shall survey, and when necessary, designate by plain, visible marks or monuments, and shall describe on the map of the state the boundary lines of the several counties and incorporated cities and towns in the state; and when a boundary line of the state, or of any county, intersects with, or passes in the immediate vicinity of any lake, stream, range of hills or mountains, or other conspicuous object on the surface of the earth, he shall, by the proper observation, determine the place of such intersection, or the distance and bearing from said boundary line of such point of such object as may be nearest to said boundary line, and will best serve as a distinguishing landmark. He shall also determine and describe on the map of the state the length and course of every important stream and lake, and of every important range of hills or mountains, and the greatest elevation or highest peak thereof, within the limits of any county; when called upon by the county commissioners of any county, he shall run any boundary line, or portion of a line, between such county and an adjoining county. 4350. To preserve and deliver books and property to successor. SEC. 4. The surveyor-general shall preserve in his office, and deliver to his successor, all books, maps, plans, drawings, levels, surveys, and field notes, in any way pertaining to his official duties, and shall deliver as aforesaid all instruments and other things belonging to his office. 4351. Chief engineer and commissioner of internal improvementsReport to governor-What to contain. SEC. 5. The surveyor-general shall be chief engineer and commissioner of internal improvements. He shall deliver to the governor annually, on or before the fifteenth day of December, his report, which shall contain: First -An accurate statement of the progress he may have made in the execution of the surveys enjoined on him by law, and in the preparation of the map of the state. Second-Plans and suggestions for the construction and improvement of roads, turnpikes, railroads, canals, and aqueducts; also, plans and suggestions for the preservation and increase of forest and timber trees, for the draining of marshes, prevention of overflows, and the irrigation of arable lands by means of reservoirs, canals, artesian wells, or otherwise. ThirdAn estimate of the aggregate quantity of land belonging to the state, and the best information he may be able to obtain as to the characteristics of the same. Fourth-An estimate of the aggregate quality of all lands used for or adapted to tillage and grazing within this state, and each county of the state, together with a description of the locations in which the same may be situated. Fifth-An estimate of the aggregate number of horses, cattle, sheep, and swine within the state, and each county of the state. Sixth-An estimate of the aggregate quantity of wheat, rye, maize, potatoes, grapes and other agricultural productions of the preceding year. Seventh-An estimate of the aggregate quantity of all mineral lands in the state, and the quantity and value of each mineral produced during the preceding year, together with a description of the localities in which such minerals may be found. Eighth -All facts which may be within his personal knowledge, or which he may learn from reliable sources, and which may, in his opinion, be calculated to promote the full development of the resources of the state. See note to sec. 4347. 4352. To obtain quarterly reports from county surveyors and assessorsFailure to comply-Commissioners not to allow compensation. SEC. 6. He shall address a circular letter to the county surveyors and county assessors, instructing them, and it is hereby made a part of their official duties, to use their utmost diligence in collecting information relative to each and every matter mentioned in section 5 of this act, and to transmit to him quarterly, at the seat of government, a report, in writing, setting forth the result of their inquiries; and it is hereby made the duty of the county commissioners to refuse to audit or pay any bills for services of the county surveyor or county assessor, in case they shall have failed to comply with the requirements of this act. It shall also be the duty of the county surveyors to transmit, when required, to the surveyor-general, a copy of the field notes and plats of official surveys made by them (except surveys of city or town lots), expressing the bearings from the true meridian, and noting the variations of the magnet from the true meridian, and indicating plainly upon the plat at what point of any river, stream, or county line, or any line of the United States surveys, or any road, canal, or railroad, may be touched or crossed; also, indicating the position of any mountain or other prominent landmark within or near the lines of the survey. See secs. 1584-1591. 4353. Duty of railroad and toll-road companies to file maps. SEC. 7. It shall be the duty of all railroad and toll-road companies to file in the office of the surveyor-general complete topographical maps of the roads and the country through which their roads may run. 4354. Other duties may be prescribed-Expenses. SEC. 8. He shall perform all such other and further duties as may be prescribed to him by law, and appropriations may be made from time to time for the necessary expenditures of his office. See note to sec. 4347. An Act relative to maps of state and county boundaries. Approved February 23, 1887, 76 4355. Surveyor-general custodian of boundary maps. SECTION 1. The secretary of state is directed to transfer from his office, to the office of the surveyor-general, all maps of state and county boundaries now in his possession. All such maps shall hereafter be filed in the office of the surveyor-general. An Act to provide for paying the cost of printing and stationery required in the state land office. Approved March 5, 1897, 36 4356. State printer to keep account with state land office-Statement furnished. SECTION 1. It is hereby made the duty of the state printer to keep an accurate account of the cost of all labor employed and material used in performing work for the state land office and to render an itemized statement of the same to the state land register on the first day of each and every month. 4357. Idem-Land register to approve statement. SEC. 2. The state land register shall examine and certify to the correct ness of such statement and shall transmit the same to the clerk of the state board of examiners. 4358. Idem-Duty of board of examiners. SEC. 3. The state board of examiners shall treat such statement in the same manner as a claim against the state, and shall approve the same for such sum as they may find correct. 4359. To transfer such amounts from school to general fund. SEC. 4. The state controller and the state treasurer are hereby authorized and directed to transfer the amounts so allowed from the state school fund to the general fund of the state. The act of 1887, 97, requiring the surveyorgeneral to make a survey of all railroads in the state, was cited in connection with the following: The mere existence of a disputed boundary between counties is insufficient to give a court of equity jurisdiction of the question. The fact that the defendant county is claiming jurisdiction over a part of plaintiff's territory, is collecting taxes therein, and claims the right so to do, is insufficient for this purpose. Humboldt Co. v. Lander Co., 22 Nev. 248, 256 (58 A. S. 750, 26 L. R. A. 729, 38 P. 578). The placing of the monuments by the surveyor-general, as prescribed in said act, did not change the boundary from the line originally established by the counties jointly, since said act did not authorize the estarlishing of new county lines, or the changing of county lines already established. Humboldt Co. v. Lander Co., 24 Nev. 461, 471. 473 (56 P. 228). The fact that for six years after the placing of the monument the county withia whose limits the original boundary located the track did not assess it, and acquiesced in its assessment by the other county, did not estop it from claiming the original line as the correct boundary where it continued to assess all other property within the dis puted tract. Idem. TREASURER How chosen, term of, eligibility, section 312. To keep office at seat of government, section 380. Not to receive fees or perquisites to his own use, section 389. Perform other duties prescribed by law, section 315. TREASURY No money to be drawn from but on appropriation, sections 277, 286. Statements of receipts and expenditures to be published, sections 277, 286. Members of legislature to be paid out of, section 286. An Act defining the duties of state treasurer. 4360. Office at seat of government-Absence limited. SECTION 1. The treasurer shall keep his office at the seat of government, and not absent himself from the state for more than ninety days at any one time, without leave of absence from the legislature. As amended, Stats. 1867, 113. See secs. 312, 380, 2765, 2774. Member of board of printing commissioners, sec. 4328. Member of board of commissioners for care of insane, sec. 2198. Member of board of directors, orphans' home, sec. 4089. Duties of, in relation to foreign building and loan associations, secs. 1361, 1362. 4361. Commission and qualification-Bond, conditions of-Examiners to approve. SEC. 2. He shall be commissioned by the governor; but before such commission shall issue, and before entering upon the duties of his office, he shall take the oath of office prescribed by law, to be indorsed upon his commission, and shall execute and deliver to the governor a bond, payable to the state, in the sum of one hundred thousand dollars, with sureties, to be approved by the board of examiners, conditioned for the faithful performance of all the duties which may be required of him by law, and for the delivery to his successor in office of all books, papers, moneys, vouchers, sureties, evidences of debt, and effects belonging to this said office. Liability on sureties of bond of de facto officer. Surrender of first term by officer reelected. Liability of sureties of de facto officers, recitals in official bonds. Estoppel. Official bond for sum greater than required. See State v. Rhoades, 6 Nev. 352 and citations from same case under sec. 2786, ante. State treasurer's bond. Money received during former term. Presumptions. Liability of the treasurer's sureties for "special deposits." Qualified property of state in "special deposits," in state treasury. Action against state treasurer's sureties for "special deposits." State v. Rhoades, 7 Nev. 434. 4362. Official seal of treasurer-Secretary of state to provide. SEC. 3. The secretary of state shall procure and deliver to the treasurer a seal of office, with some suitable device, and having engraved around the margin thereof the words, "Office of the Treasurer-Nevada"; a description of which seal shall be retained in the office of the secretary of state as a record. Said seal shall be used to authenticate all writings, papers, and documents certified from such office. Until such seal is procured, the treasurer is authorized to use his own private seal. 4363. General duties of state treasurer-Receipt to controller-Office kept open. He SEC. 4. He shall receive and keep all moneys of the state not expressly required by law to be received and kept by some other person; shall receipt to the controller for all moneys received, from whatever source, and at the time of receiving the same; shall disburse the public moneys upon warrants drawn upon the treasury by the controller of state, and not otherwise. Such warrants shall be registered, and paid in the order of their registry. shall keep a just, true and comprehensive account of all moneys received and disbursed, and shall deliver to his successor in office all moneys, records, books and papers and other things belonging to his office in good order; and keep his office open, for the transaction of business, every day of the year, Sundays and other nonjudicial days excepted. As amended, Stats. 1897, 24. See notes to sec. 4360. Custodian of state school funds, sec. 3383. Controller to certify amounts of receipts to, secs. 4157, 4173, 4174. Fire insurance fund to keep, secs. 1360, 4180. Disposition of old unpaid warrants, secs. 4183 4185. See State v. Rhoades, under sec. 2 of this act. Cited, State v. Pray, 30 Nev. 206, 219 (94 P. 218). 4364. Annual report to governor-Reports to legislature. SEC. 5. He shall deliver to the governor, on the first day of January, or within ten days thereafter, annually, a full exhibit of all moneys received by him into and paid out of the treasury, showing, under separate and appropriate heads, on what account and from what sources received, and for what particular object or service the same has been paid out by him; and shall give information, in writing, to either house of the legislature, whenever required, upon any subject connected with the treasury or any duty of his office. 4365. Books to be open to inspection-Report to controller monthlyForfeiture of office for neglect. SEC. 6. The books, papers, and transactions of his office shall be open at all times for the inspection of the governor, controller, board of examiners, of either house of the legislature, or of any committee thereof, or person authorized by law. He shall report to the controller of state, on or before the tenth of each month, the complete operations of the treasury for the preceding month, specifying the amount received and from what sources; the amounts expended in the redemption of bonds, warrants, coupons for interest, etc., and the balance of cash on hand in the treasury to the credit of the various funds. For any failure (except it be unavoidable). to comply with the provisions of this section, the treasurer shall forfeit his office, and it shall be the duty of the governor to declare the same vacant, and appoint a successor. As amended, Stats. 1873, 175. See State v. Rhoades, under sec. 2 of this act. The books of the treasurer's office are competent as evidence without proof that they were made by or with the knowledge of the treasurer personally, such books being official and coming under the head of public records. State v. Rhoades, 6 Nev. 353. 4366. Prohibited from unlawfully using moneys. SEC. 7. The treasurer is hereby made responsible, upon his official bond, for all moneys received by him belonging to the state, and is hereby prohibited from using or loaning or borrowing the same, for any purpose whatever, except as provided by law. See sec. 277. 4367. Wilful neglect of duty a misdemeanor in office. SEC. 8. If the treasurer shall wilfully neglect or refuse to perform any duty enjoined by law, or, by color of his office, shall knowingly do any act not authorized by law, or in any other manner than is authorized by law, he shall be deemed guilty of misdemeanor in office. 4368. Vacancy-Governor to appoint-Election-Qualification and compensation of successor. SEC. 9. In case of the death, impeachment, absence, or disability of the treasurer, the governor shall make an appointment of some suitable person to perform the duties of the office until a successor shall be elected and qualified, or until such absence or disability shall cease; and such person shall take the oath of office and execute the bond required of the treasurer, and shall receive the same compensation as is allowed by law to the treasurer, in proportion to the time he shall be engaged in such service. 4369. May administer oaths-Other duties. SEC. 10. The treasurer shall have power to administer all oaths or affirmations required or allowed by law, in matters touching the duties of his office, and shall perform all duties, not enumerated in this act, which may be enjoined by law. [Sec. 11 (salary) superseded, sec. 4394.] An Act supplementary to an act entitled "An act defining the duties of the state treasurer," approved February second, eighteen hundred and sixty-six. Approved March 1, 1869, 101 4370. Treasurer's duty in paying warrants-When funds exhaustedNotice given when funds available-Interest. SECTION 1. The state treasurer shall pay all warrants drawn upon him |