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2840. Idem-May call out troops.

SEC. 93. When there is an unlawful or riotous assembly, with the intent to commit a felony, or to offer violence to person or property, or to resist, by force, the laws of the state, and the fact is made to appear to the governor, or to a judge of the district court, or to the sheriff of the county, either of those officers may issue an order, directed to the commanding officer of a division, brigade, regiment, battalion, or company, to order his command, or any part thereof (describing the kind and number of troops), to appear at a time and place therein specified, to aid the civil authorities in suppressing violence and enforcing the laws.

See secs. 3982, 4058.

2841. Commanding officer to obey orders.

SEC. 94. The commanding officer, to whom the order is given, shall forthwith obey the same, and the troops so required shall appear at the time and place appointed, armed and equipped with ammunition as per inspection, and shall execute any order that they shall then and there receive, according to law.

2842. When governor may declare county in insurrection-Proclamation. SEC. 95. When the governor shall be satisfied that the execution of civil or criminal process has been forcibly resisted in any county, by bodies of men, or that combinations to resist the execution or process by force, exist in any county, and that the power of the county has been exerted and has not been sufficient to enable the officer having the process to execute it, he may, on the application of the officer, of the district attorney, or district judge of the county, by proclamation, to be published in such papers as he shall direct, declare the county to be in a state of insurrection, and may order into the service of the state such number and description of volunteers, or uniformed companies, or other militia of the state, as he shall deem necessary, to serve for such term, and under the command of such officers as he shall direct. 2843. May revoke proclamation.

SEC. 96. The governor may, when he shall think proper, revoke the proclamation authorized by the last section, or declare that it shall cease at such time and in such manner as he shall direct.

2844. Officers auditing accounts-Affidavit of officer filed.

SEC. 97. It shall, in all cases, be the duty of all officers who may be called upon to audit and allow the accounts of either state, county, city, or town officers, to take and file an affidavit of said officers that they have not violated any of the provisions of this act, and for that purpose all officers authorized by law to audit and allow accounts, are hereby empowered and required to administer oaths and affirmations, which shall have the same force and validity in all actions for perjury, as if administered by a judicial officer. 2845. When treasurer may refuse to redeem warrant.

SEC. 98. It shall be the duty of the state treasurer, and the several county, city, or town corporation treasurers, of the state, to refuse to redeem any warrants, scrip, orders, or other evidence of indebtedness against the state, or any county, city, or town corporation thereof, whenever it shall come to their knowledge that such warrants, scrip, or other evidence of indebtedness have been purchased, sold, received, or transferred in violation. of any of the provisions of this act.

2846. May sell indebtedness for personal services rendered.

SEC. 99. All public officers referred to in any of the sections of this act

shall have the right to sell or transfer any evidence of public indebtedness which may be issued according to law, for services rendered by them to the state, county, city, or town corporation, legally and justly due, and this act shall not be deemed to prevent the purchase, sale, or transfer of any funded public indebtedness whatever of the state, or of any county, city, or town corporation.

2847. Settlement or payment of persons violating act withheld-Prosecution.

SEC. 100. It shall be the duty of any officer charged with the disbursement of any public moneys, or any evidence of public indebtedness, when he shall be informed by affidavit of the violation of any of the provisions of this act, by any officer whose account is to be settled, audited, or paid by him, to withhold any settlement or payment of the same and to cause said officer to be prosecuted as for a felony, as provided in the foregoing sections of this act.

An Act authorizing ministerial officers to appoint deputies.

Approved February 19, 1864, 143

2848. Who may appoint deputies-Ex officio coroner.

SECTION 1. All prosecuting attorneys, county recorders, clerks of the several district courts, county clerks, sheriffs, assessors, collectors of taxes, constables and public administrators, are hereby authorized to appoint deputies. who shall have power to transact all official business appertaining to said officers, to the same extent as their principals; provided, that the deputy appointed by the public administrator may act as ex officio coroner. As amended, Stats. 1905, 33.

Full faith and credit should be given to all official acts certified either by the county clerk or his deputy. Gillig v. Ind. G. & S. M. Co., 1 Nev. 250.

The district attorneys of the several counties have authority to appoint deputies, State v. Harris, 12 Nev. 414, 420.

2849. Responsible for compensation and acts-May require bonds. SEC. 2. Said officers shall be responsible for the compensation of said deputies, and shall be responsible on their official bonds for all official malfeasance or non feasance of the same. Bonds for the faithful performance of their official duties may be required of said deputies by said principals.

When the sureties on the official bond of a deputy assessor obligated themselves for the faithful performance by the officer of the duties of said office "during his continuance therein," it was held, that the obliga

2850. Appointments, how made.

tion of the sureties was general for a term solely dependent upon the will of the asses sor, and which would continue unless revoked during his entire term. Kruttschnitt V. Hauck, 6 Nev. 163-165.

SEC. 3. All appointments of deputies under the provisions of this act shall be in writing, and shall, together with the oath of office of said deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the principal legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of said appointments or revocations therein, persons shall be deemed to have notice of the same.

The power of the county assessor to appoint deputies is limited only by the provision in the act of 1865, 346, that before such appointment he shall "divide the county into convenient districts, of which division

notice shall be given to the board of county commissioners." Kruttschnitt v. Hauck, 6 Nev. 163-165.

Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 58.

An Act providing for the removal from office of public officers for malfeasance or nonfeasance in office, regulating the mode of procedure, and other matters properly connected therewith.

Approved March 24, 1909, 293

[Secs. 1 to 20 covered by criminal practice act, chapters 4 and 5, secs. 6877-6907.]

2851. Applies to all officers.

SEC. 21. If any person now holding or who shall hereafter hold any office in this state, who shall refuse or neglect to perform any official act in the manner and form as now prescribed by law, or who shall be guilty of any malpractice or malfeasance in office, may also be removed therefrom as hereinafter prescribed.

2852. Procedure for removal-Decree-Costs.

SEC. 22. Whenever any complaint in writing, duly verified by the oath of any complainant, shall be presented to the district court, alleging that any officer within the jurisdiction of said court has been guilty of charging and collecting any illegal fees for services rendered or to be rendered in his office, or has refused or neglected to perform the official duties pertaining to his office as prescribed by law, or has been guilty of any malpractice or malfeasance in office, it shall be the duty of the court to cite the party charged to appear before him on a certain day, not more than ten nor less than five days from the time when said complaint shall be presented, and on that day, or some subsequent day not more than twenty days from that on which said complaint is presented, shall proceed to hear, in a summary manner, the complaint and evidence offered by the party complained of, and if, on such hearing, it shall appear that the charge or charges of said complaint are sustained, the court shall enter a decree that said party complained of shall be deprived of his office, and shall enter a judgment for five hundred dollars in favor of the complainant and such costs as are allowed in civil cases.

2853. Copy of decree transmitted-Vacancy filled.

SEC. 23. It shall be the duty of the clerk of the court in which such proceedings are had to transmit, within three days thereafter, to the governor of the state, or board of county commissioners (as the case may be) of the proper county, a copy of any decree or judgment declaring any officer deprived of any office under this act; and it shall be the duty of the governor or such board of county commissioners (as the case may be) to appoint some person to fill said office until a successor shall be selected or appointed and qualified; and it shall be the duty of the person so appointed to give such bonds as security as are prescribed by law and pertaining to such office.

See secs. 2805, 2813.

2854. Convicted official not to hold office during appeal.

SEC. 24. In case judgment of the district court, as herein provided, shall be against the officer complained of, and an appeal taken from the judgment so rendered, the officer so appealing shall not hold the office during the pending of such appeal; but such office shall be filled as in case of a vacancy.

An Act providing for the examination and auditing of the books and accounts of certain officers, and providing penalties for its violation.

Approved March 20, 1911, 276

2855. Accounts of officials to be examined

semiannually.

2856. Expert accountant to be employed. 2857. Reports to go to grand juries.

2858. Grand jury may order examinations

Indict neglecting officials.

2859. Penalty for neglect.

2860. Expenses of examination-How paid.

2855. Accounts of officials to be examined semiannually.

SECTION 1. It is hereby made the duty of the board of examiners and the boards of county commissioners of the various counties of this state, and the board of trustees, city council, or other governing body, of any incorporated city or town within this state, to audit and examine at least twice in each year the accounts of all officials, state, county or town, charged with the receipt, collection, disbursement or handling of any money, credits, effects, or property belonging to the state, county, city or town, or collected by such person under any law of this state, and for this purpose they shall have the power to employ a competent expert accountant to examine said books or accounts, of such officers, but the examination and auditing by the board of examiners shall be confined to state officers, the examination and auditing by the board of county commissioners to county or township officers, and the examination and auditing by the board of trustees, or city council, shall be confined to the town or city officers.

2856. Expert accountant to be employed.

SEC. 2. The accountant so employed shall report to the board employing him, the amounts of money in the various funds, the amounts collected, the amounts disbursed, the condition of the books, and the manner in which such accounts are kept, giving in detail the information thus required, and shall further certify to such board if the amounts collected and expended and on hand correspond, and to report to such board any shortage, misappropriation, or misapplication of any of the public moneys so collected, and shall give such further information as may be required by such board.

2857. Reports to go to grand juries.

SEC. 3. The reports of such accountant shall, by order of the district judge, be laid before the grand jury of each of the counties of this state for an examination by them, and to take such action upon such report as they shall deem necessary.

2858. Grand jury may order examinations-Indict neglecting officials.

SEC. 4. In case any board hereby required to audit and examine, or cause to be audited and examined, the accounts of the various officers herein enumerated, shall fail to cause such examination and report to be so made, then it shall be the duty of the grand jury of the county, to employ competent experts to make such examination and to report to such grand jury, and such grand jury shall also indict such officers as have failed, refused or neglected to audit and examine, or cause to be audited and examined, the accounts of such officers as required by this act.

2859. Penalty for neglect.

SEC. 5. The members of the board who are hereby required to examine and audit, or cause to be examined or audited, the accounts of the various officers herein mentioned, who shall fail, refuse or neglect to do so, as required by this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than one hundred dollars, nor more than one thousand dollars, and unless such fine be paid, shall be confined in the county jail at the rate of one day for each two dollars of such fine.

2860. Expenses of examination, how paid.

SEC. 6. All expenses incurred in the examination of the accounts of the state officers, for experts or otherwise, shall be a legal charge against the sum of $2,400, which is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, and the controller is hereby authorized to draw his warrant, and the treasurer to pay the same upon the written order

of the board of examiners drawn in favor of the person making such examination; all costs for the examination of the county books shall be a legal charge against the county, and all costs incurred in the examination of the books of any incorporated city or town shall be a legal charge against such incorporated city or town, all such accounts to be paid by the county or incorporated city or town, the same as any other claims against such county, city or town.

An Act to prevent drunkenness in office, fixing the penalty thereof and providing for the enforcement of the same.

Approved February 17, 1887, 65

2861. Drunkenness ground for removal-Gross misdemeanor.

SECTION 1. Any civil officer in this state who shall, during his term of office, become intoxicated, or under the influence of alcoholic, malt or vinous liquors, so that he shall not at all times be in proper condition for the discharge of the duties of his office, shall be deemed guilty of a misdemeanor in office, and on conviction thereof shall be fined in any sum not exceeding one thousand dollars or imprisonment not exceeding one year, and shall be subject to removal from office by impeachment, if he be a state officer, and if a county or township officer, shall be removed from office by the judgment of the court in which the conviction is had, as a part of the penalty in such conviction.

2862. Duty of officers to prosecute-Court to specially charge grand juries.

SEC. 2. It shall be the duty of the sheriff and his deputies, constable and his deputies, district attorneys and all other peace officers in this state, upon receiving information from any person that the provisions of this act have been violated, to immediately institute proceedings in the proper court against the person thus complained of, and prosecute the same with reasonable diligence to final judgment, and the provisions of this act shall be specially charged to the grand juries of the several counties of the state at each sitting of the district court.

2863. Judgment roll certified to secretary of state in case of state officer. SEC. 3. In case of the conviction of any state officer under the provisions of this act, it shall be the duty of the prosecuting officer obtaining such conviction, to file a certified copy of the judgment roll with the secretary of state, and the secretary of state shall lay the same before the legislature at its next session after receiving said judgment roll.

An Act to authorize fees and salaries of officers, and compensation of other persons, to be taken in attachment and execution, and to prohibit assignments to defraud creditors.

Approved February 1, 1883, 26

2864. Fees and salaries-Fraudulent assignments void.

SECTION 1. The fees and salaries of all persons holding office or positions of profit under the government of the State of Nevada, or under any county, township, city town or school district within the state shall be subject to attachment and execution for all debts and liabilities created or incurred by such officials or other persons, and all assignments, sales or transfers of such fees and salaries, previous to becoming due, unless made in good faith and not to defraud creditors, shall be null and void as against all such debts and liabilities. As amended, Stats. 1889, 118.

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