such order the date of redemption and his signature. If there be no funds to pay such order when presented, he shall indorse thereon, "Not paid for want of funds," and the date of such indorsement over his signature, which shall entitle such order thenceforth to draw legal interest; provided, that such interest shall cease from the date of notice by publication in some newspaper printed or circulated in his county, to be given by the county treasurer, that there are funds to redeem such outstanding orders, which notice such treasurer shall give in such case, and if there be no such newspaper, then by posting such notice at three public places in such county. Payment of certificates of indebtedness, sec. 1563. Cited, People ex rel. Flack v. County Commissioners, 1 Nev. 462. 1682. Orders and interest redeemed. SEC. 9. When the county treasurer shall redeem any order on which interest is due, he shall note on such order the amount of interest by him paid thereon, and shall enter on his account the amount of such interest distinct from the principal. 1683. How redeemed-Received on taxes. SEC. 10. County orders shall be redeemed by the treasurer according to the priority of the time of presentment; provided, such orders payable out of the county revenue shall be received in payment of county taxes, without any regard to the priority of presentment, or number; but such treasurer shall not pay any balance thereon over and above such tax, when there are outstanding orders unpaid for want of funds. The only contract created by the certificate of indebtedness is that they shall be paid out of the general fund in the order of presentation or allowance. 1684. Redeemed orders, where deposited. Esser v. Spauld SEC. 11. The treasurer shall, on the first Monday in September, in each year, deposit with the county auditor all county orders redeemed, who shall receipt therefor. 1685. Removal of treasurer. SEC. 12. Whenever suit shall have been commenced on the official bond of any delinquent treasurer, he may be removed by the board of county commissioners of his county. 1686. Annual settlements. SEC. 13. The county treasurer shall annually make complete settlements with the board of county commissioners, at the regular September term thereof, and shall, at the expiration of his term of office, deliver to his successor all public moneys, books, and papers in his possession. [Sec. 14 is superseded by the various salary acts.] An Act authorizing county treasurers to place county funds in bank, on open account, under certain restrictions. Approved March 12, 1885, 93 1687. Unanimous consent of bondsmen necessary. SECTION 1. The county treasurers of the several counties in this state may, when a private or an incorporated bank is located at the county-seat, deposit, with unanimous consent of their bondsmen, county funds in such bank or banks upon open account; and when no such bank or banks exist at such county-seat, may deposit, with the unanimous consent of their bondsmen, county funds with any private or incorporated bank in the State of Nevada. Such accounts shall be kept in the name of the county in such manner as the board of county commissioners may prescribe. The balances in said banks, as certified to by the proper officer thereof, and by the oath of the county treasurer, may be counted as cash. All orders, checks or drafts drawn by the county treasurer on the banks with which county funds are deposited, shall be countersigned by the county clerk thereof, and shall bear on their face the number of the county warrant for which such order, check or draft is issued. 1688. Bondsman released by giving notice. SEC. 2. Whenever any bondsman or bondsmen whose consent to deposit the county funds in any bank or banks has not been obtained in writing, such bondsman or bondsmen shall be released from all responsibility on the bond of said treasurer, upon giving notice as required by law. CONCERNING CERTAIN OFFICERS An Act concerning officers. Approved November 29, 1861, 288 1689. Justices conservators of the peace and 1691. Additional duties of clerk. other duties. 1690. Clerks to take oath and give bond. 1692. Duties of constable and sheriff. [Section 1 (bond of justice of the peace) superseded, sec. 4927.] 1689. Conservators of the peace and other duties. SEC. 2. The justices shall be conservators of the peace in their respective townships, and shall discharge such duties as may be prescribed by law. 1690. County clerks to take oath and give bond. SEC. 3. Each county clerk shall, before entering upon the duties of his office, take the oath prescribed by law, and execute to the county a penal bond, in the sum of ten thousand dollars, conditional for the faithful discharge of the duties of his office, which bond shall be approved by the probate judge, and filed in the office of the county recorder. 1691. Additional duties of clerk. SEC. 4. The county clerk shall perform such duties as clerk of the probate court, clerk of the board of county commissioners, and county auditor, as required by law, and shall discharge such other duties as may be prescribed. by law. [Sec. 5 (bond of constable) superseded, sec. 4928.] 1692. Duties of constable and sheriff. SEC. 6. Each constable shall be a peace officer in his township, and shall serve all mesne and final process issued by a justice of the peace, and shall discharge such other duties as are or may be prescribed by law; provided, that in case a sheriff or his deputy in any county in this state shall make an arrest of any person or persons charged with a criminal offense or arrested in the commission of an offense, the sheriff or his deputy shall have the privilege, and it shall be his duty to serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the person or persons so arrested, whether in a justice or a district court, to a final conclusion, and whether the same be an offense of which a justice of the peace has jurisdiction, or whether the same be a preliminary examination or hearing; and the said sheriff or his deputy shall receive the same fees and in the same manner therefor as the constable of the township, in which such justice court is held, would receive for like service. As amended, Stats. 1887, 134. Sheriffs and constables to abate nuisances in unincorporated towns, sec. 920. Successors in office of sheriffs and constables may execute deeds for sales under process or orders, sec. 1662. Duty to impound estray animals, secs. 2261, 2265, 2329-2331; hogs, may sell, 2256-2260. Election of constable, sec. 2782; duties in new township, sec. 2785. Fees, counties less than 800, sec. 1999; over 800, sec. 2011; mileage, sec. 2037, 2040; return, sec. 2041. Unlawful to purchase judgment, sec. 2821. Duel, duty to prevent, sec. 2823. Refusal to make arrest or receive prisoner, felony, sec. 2820. Baggage, unclaimed, may sell, sec. 2153. COMPENSATION, FEES, SALARIES An Act fixing the compensation of the various county officers (deputies) and of jailers in the several counties of this state. 1693. Approved February 26, 1881, 86 Salaries of deputies and jailer in certain counties. SECTION 1. From and after the passage of this act the deputy county recorder, and deputy county clerks, and the jailer of the several counties (applicable to this act as hereinafter stated) shall receive a monthly compensation in the sum of one hundred dollars each for their services so rendered, respectively; provided, the provisions of this act shall be applicable only to counties of this state polling not less than sixteen hundred nor more than two thousand votes at any general election held in this state. 1694. Idem-Claims to be filed. SEC. 2. The several officers named in this act shall file their respective bill for the monthly compensation with the county clerk of his county, duly authenticated, and the same shall be allowed by the board of county commissioners of the said counties, by virtue of this act, and the same to be duly audited by the county auditor, and the auditor is hereby authorized to draw a warrant on the county treasurer payable out of the salary fund. 1695. If no funds, certificate issued. SEC. 3. In case there be no funds in the salary fund, the auditor is hereby authorized to deliver to the person or persons a certificate of indebtedness for the amount so allowed, the same to be registered (in number and date) as allowed by the board of county commissioners and approved by the county auditor. An Act regulating the compensation of county officers in the several counties of this state, and other matters relating thereto Approved March 11, 1885, 85 1696. Salaried officers to pay fees to county treasurer. 1697. Idem-Must make monthly statement. 1698. Idem-Neglect, how punished. 1699. Fees payable in advance-Penalty. [Sections 1-15, inclusive, fixing the salaries of county officers for the several counties in the state, have been superseded by subsequent acts fixing said salaries, and are therefore omitted.] 1696. Salaried officers to pay fees to county treasurer. SEC. 16. The several officers named in this act, who shall receive salaries as sole compensation, shall collect and safely keep all fees, percentages, and compensation, of whatever nature and kind, allowed them by law for services rendered by them or their deputies in their several official capacities, and they shall, on the first Monday in each month, after said date, pay the same to the county treasurer of their respective counties. 1697. Idem-Must make monthly statement. SEC. 17. The several officers named in this act, who are required to collect and pay fees and percentages to the county treasurer, shall, on the first Monday of each month, make out and file with said treasurer a full and accurate statement, under oath, of all fees, percentages, or compensation, of whatever nature or kind, [received] in their several official capacities during the preceding month; also, a duplicate copy to the county commissioners; in which statement they shall set forth the causes in which and the services for which such compensations were received; and it shall be the duty of each of said officers to keep a book in which shall be entered the items of every kind or description of services performed by them or their deputies, and the time of rendering said services and the amount allowed by law for each particular , service, which book or books shall be open to the inspection of the board of county commissioners and every citizen, at all times. 1698. Idem-Neglect, how punished. SEC. 18. For a wilful neglect or a refusal to comply with the provisions of this act, or for any one or more of them, any officer or officers herein named shall, on conviction, be subject to a fine not exceeding five thousand dollars, to forfeit their offices, to imprisonment in the state prison not less than one year nor more than three years, or to any one or more of said penalties in the discretion of the court; provided, that nothing in this section shall be held to release them from the giving of any bonds required by law, from any civil responsibility to any and all persons in relation to the business of their said offices, that may be by other laws applicable to their said official duties. 1699. Fees payable in advance-Penalty. SEC. 19. No salaried officer named in this act shall perform any service until the fees prescribed by law are paid; provided, that if any officer shall neglect or refuse to collect the legal fees for his services, he and his bondsmen shall be liable to pay double the amount of such fees not collected, to be recovered in any court of competent jurisdiction. NOTE-The following amendment to above section is special in its limitation but is herewith cited for information: [SEC. 19. No salaried officer, named in this act, except justices of the peace and constables, in any township of this state wherein the number of legal votes cast at the general election held in eighteen hundred and eighty-six equaled or exceeded the number of seventeen hundred, shall perform any service until the fees prescribed by law are paid; provided, that if any officer, except justices of the peace and constables, elected as above, shall neglect or refuse to collect the legal fees for his services, he and his bondsmen shall be liable to pay double the amount of such fees not collected, to be recovered in any court of competent jurisdiction; and, also provided, that the first moneys collected by the justices of the peace and constables, elected as above, and the first moneys collected in suits before justices so elected, shall be applied to the costs of the suit. As amended, Stats. 1887, 37.] 1700. Idem-Deficiency provided for. SEC. 20. All fees and emoluments collected by the several salaried officers under the provisions of this act, shall be paid, upon a statement made under oath, to the county treasurer on the first Monday of each month, and by him kept in a fund to be known as the salary fund, and all warrants for the payment of the salaries provided by this act shall be drawn upon the salary fund. Whenever there is a surplus in said fund, the board of county commissioners may transfer it to the general fund; and whenever there is a deficiency, the board of county commissioners shall transfer to the salary fund a sufficient sum from the general fund to meet all warrants drawn against said salary fund. See sec. 1540. 1701. State to allow part compensation of revenue officers. .. SEC. 21. The State of Nevada shall allow the several counties herein named, for the services rendered under the revenue act, by the auditor, assessor, and treasurer of each county, a sum which shall be the proportion of the state tax to the whole tax levied by the county on the basis of the salaries allowed by the act, including the compensations allowed for deputies by the commissioners. These allowances shall be made at the time of the semiannual settlement provided by law, upon vouchers furnished the county treasurer by the board of commissioners of each county. See sec. 3749. Inasmuch as the salaries of officers in each county have been fixed by special acts relating to the particular county, sections 1 to 15, inclusive, of an act regulating the compensation of county officers in the several counties of this state (Stats. 1885, 85; amended, 1887, 20, 29, 37, 56, 69, 106, 117, 125; 1889, 31, 49, 50, 98; 1893, 63; 1895, 41, 68) have been omitted. For the same reason the act consolidating certain county and township officers and fixing salaries (Stats. 1885, 96; amended, 1889, 92; 1891, 129; 1893, 16; 1895, 19, 57) has been omitted. The salary acts will be found among the special acts relating to each particular county under the proper heading. and does not repeal Stats. 1885, 62. State ex rel. Hallock v. Donnelly, 20 Nev. 214–219. The state is liable to a county for her proportion of the salaries of the assessor, auditor and treasurer. Cited, Lobenstein v. Storey Co., 22 Nev. 381, 383 (40 P. 879). The act of 1885, 85, supra, has had the following citations: Secs. 1 and 8-The clause in "full for all services performed by himself or deputies" cannot be made applicable to the act of 1905, 109, so as to preclude compensation to the sheriff as collector for licenses since the act of 1885 is in conflict with acts of 1891 and 1905, and hence repealed, and especially since the office of collector of licenses has been regarded in all revenue laws as a distinct office. Bradley v. Esmeralda Co., 32 Nev. 168 (104 P. 1058-1060). Sec. 2 This act is not in conflict with sec. 20 of art. 4 of the constitution. It is within the power of the legislature to pass local or special laws regulating the compensation of county officers. This act, so far as it relates to officers of Washoe County, is constitutional. State ex rel. Williams v. Fogus, 19 Nev. 247, 248, 250, 254. Cited, State ex rel. Hallock v. Boyd, 19 Nev. 358 (11 P. 36). Sec. 5 Cited, State ex rel. Love v. Elko Co., 21 Nev. 19, 21 (23 P. 935). Sec. 7 Cited, Turner v. Fish, 19 Nev. 296 (9 P. 884). Sec. 21-This section is not repugnant to Upon a previous act, fixing salaries of the various county officers of the several counties (Stats. 1879, 133), the following decisions were based: Under section 17 of said act it was held that the right of every justice of the peace, elected or appointed after the act took effect, to salary or fees, should be determined by reference to the number of legal votes cast at the last general election preceding the time when the claim for his salary is preferred. State ex rel. Flanningham v. Storey Co., 16 Nev. 92-94. The salary of county commissioners is regulated by the provisions of the salary act. The provision allowing mileage in the former law was intended as part of the compensation of commissioners for their services. The language of the salary act, that the salaries fixed "shall be in full for all services," This section is not repealed by Stats. 1891, 182-3, the latter act being simply a reenactment of the revenue law of 1865, except that it omits the provisions for the liability of the state for part of certain county officers' salaries, and it is not intended as a repeal of said act of 1865. State ex rel. Westerfield v. Tyrrell, 22 Nev. 421, 425 (41 P. 145). Where the auditor, assessor and treasurer. ex officio, perform the duties of other county officers, not concerned in the collection of the revenue, and receive a salary in solido for the office and ex officio office or offices held by them, the state cannot be compelled to make the county an allowance upon any part of such salaries. For the state to pay any part of the expenses of a county government not connected with the state's tax, would be in contravention of sec. 21 of art 17 of the constitution (ante, sec. 405). State ex rel. Lyon Co. v. La Grave, 24 Nev. 147–151 (50 P. 796). excludes the idea that the legislature intended to allow the former provision on that subject to stand. No contract is created between the government and the officer by his acceptance of the office. State ex rel. Scott v. Trousdale, 16 Nev. 357-359. This act, authorizing the commissioners to transfer money from the general fund to the salary fund, is not in violation of the constitutional provision against impairing the obligation of contracts; nor is it repugnant to the act authorizing the transfer of surplus money from one fund to another (ante, sec. 244). Esser v. Spaulding, 17 Nev. 289 (30 P. 896). Cited, in opinion of Hawley, J., on rehearing, State ex rel. Copeland v. Woodbury, 17 Nev. 353 (30 P. 1006). |