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becomes insufficient by reason of the insolvency of any of the sureties thereon, or from any cause whatever, so that the same shall not contain at least two good and sufficient sureties for the whole penal sum named in the bond, and any liability occurs or becomes fixed by reason of the defalcation, omission, neglect, misconduct, or by any act of the officer who is the principal in such bond, then and in every such case, any surety or sureties, upon the payment of his or their ratable proportion of the liability on such bond, shall be released from all further liability thereon, so far as any loss to the state or county wherein such officer held office is concerned. Such ratable proportion shall be ascertained by considering all and each of the sureties on such bond as solvent, liable, and able to contribute his or their proportions of the whole amount of liability incurred on such bond. The state board of examiners, in the case of state officers, or the boards of county commissioners of the several counties of this state, in the case of county officers, are hereby authorized and required, in such cases, to make settlement with any or all such sureties who propose to pay and do pay their ratable proportions, as herein provided for, of the liability accrued on such bond. Any surety or sureties neglecting or refusing to pay such ratable proportions, or defending an action for the recovery of any liability on any official bond, shall be subject to such prosecution, judgments, and penalties as are now provided for by law; provided, that no judgment shall be rendered against such surety or sureties, for an amount above his or their pro rata liability on such bond, and costs of suit. As amended, Stats. 1885, 81.

See sec. 2881.

A previous act (Stats. 1881, 91), repealed by Stats. 1883, 13, was cited, White Pine Co. v. Herrick, 19 Nev. 36, 37 (5 P. 276).

An Act relating to official bonds.

Approved March 19, 1891, 77

2887. Bond of county clerk deposited with treasurer.

SECTION 1. In all counties in this state wherein the county clerk is ex officio county recorder, the official bond of such officer shall be recorded in the manner and place now provided by law, and immediately thereafter shall be deposited for safe keeping in the office of the county treasurer.

An Act to provide surety bonds for state, county and precinct officers.

Approved March 23, 1909, 187

2888. Surety company may be surety.

SECTION 1. That all state, county and precinct officers within the State of Nevada, who are now required by law, or who may hereafter be required by law, to give an official bond for the faithful discharge of the duties of such office, it shall be lawful for such officer or officers aforesaid to give security for the faithful discharge of the duties of their office by any surety company lawfully authorized to do business within the State of Nevada. 2889. Counties to pay premium for treasurers.

SEC. 2. In the case of each county treasurer of each county in the State of Nevada the premium of such surety bond for such treasurer shall be paid for by the county out of the general fund of each county.

2890. Surety bond must be accepted-Proviso.

SEC. 3. Whenever any of the aforesaid officials shall tender bonds of any surety company for approval to the county commissioners, or to any official board or person with whom such official bonds are required to be approved

and filed, it shall be the duty of such board, which is required by law to approve the same, to accept such bonds; provided, however, said surety company shall have first complied with the laws of the State of Nevada, and be duly authorized to transact business within this state.

OFFICIAL OATH

An Act prescribing the official oath of the State of Nevada.

Approved January 16, 1865.96

2891. Who required to make oath-Form of.

SECTION 1. All persons, including presidents, secretaries, trustees or directors of mining, or other corporations, formed under the provisions of the laws of this state, members of the legislature, all officers, executive, judicial and ministerial, and all other persons who may be required by law (except witnesses in the courts of justice of this state), to make oath or affirmation shall, before they enter upon the duties of their respective offices, or other duties required of them, take and subscribe to the following oath, or affirmation: I,, do solemnly swear (or affirm), that I will support, protect and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign; and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state convention or legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever. And I do further solemnly swear (or affirm). that I have not fought a duel, nor sent or accepted a challenge to fight a duel, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance since the adoption of the constitution of the State of Nevada; and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel during my continuance in office; and further, that I will, well and faithfully, perform all the duties of the office of, on which I am about to enter (if an oath), so help me God, (if an affirmation) under the pains and penalties of perjury.

See sec. 370.

The authority of an administrator cannot be attacked in a collateral proceeding because the oath required by the statute was not taken until after the letters were issued and was then taken before a notary; since

the letters, having been regularly issued, are valid until revoked, the irregularities complained of were cured by taking the oath before the proper officer before trial of the case. Gallagher v. Holland, 20 Nev. 164, 167 (18 P. 834).

OPTOMETRY

An Act to regulate the practice of optometry in the State of Nevada, and to fix the license therefor.

2892. Qualifications required.

2893. How certificate obtained.

2894. Fees-License.

Approved March 9, 1903, 72

2892. Qualifications required.

2895. Exceptions to application of act. 2896. Penalty for violation-District attorney to prosecute.

SECTION 1. All persons engaging in the optical profession or the practice of optometry in the State of Nevada shall be graduates of a regularly chartered optical college, possessing by virtue of its charter from the state in which it is located, authority to confer degrees and issue diplomas certifying to the efficiency of its graduates.

2893. How certificate obtained.

SEC. 2. Any person engaging in the optical profession or the practice of optometry in correcting ocular, muscular imballances, errors of refraction, or other defects of vision, not requiring surgical treatment, shall appear before the state controller as an applicant for a license to engage in the aforesaid profession and practice, and produce to said officer a certificate of said applicant's graduation, and shall also make affidavit that the said applicant is the person named therein, and that such certificate has been issued by a regularly chartered college.

2894. Fees-License.

SEC. 3. In addition to the foregoing requirements, any person engaging in the optical profession or practice of optometry, shall pay to the State of Nevada the sum of ten dollars, on the payment of which the state controller shall issue to such person, a license duly certified, authorizing said person to engage in the profession and practice aforesaid.

2895. Exceptions to application of act.

SEC. 4. Nothing contained in this act shall be construed as applying to regularly qualified medical practitioners, nor to persons who have been engaged in the optical profession, or the practice of optometry in the State of Nevada for one year preceding the passage of this act.

2896. Penalty for violation-District attorney to prosecute.

SEC. 5. Any person violating any of the provisions of this act shall be fined in a sum not exceeding one hundred dollars, nor less than twenty dollars, and it shall be the duty of the district attorney of the county to prosecute such person.

PARTNERSHIP

To authorize the formation of limited partnerships, sections 2897-2909.

Requiring partners transacting business to file certificate of partnership, sections 2910-2914.

An Act to authorize the formation of limited partnerships.

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SECTION 1. Limited partnerships, for the transaction of mercantile, mechanical, mining, or manufacturing business, within this territory, may be formed by two or more persons upon the terms and subject to the conditions and liabilities prescribed in this act; but nothing contained in this act shall authorize such partnerships for the purpose of banking or insurance.

2898. Responsibilities of partners.

SEC. 2. The said partnerships may consist of one or more persons, who shall be called general partners, who shall be jointly and severally responsible as general partners are by law, and of one or more persons who shall contribute to the common stock a specific sum, in actual cash payment, as capital, who shall be called special partners, and who shall not be personally liable for any debts of the partnership, except in the cases hereinafter mentioned.

2899. Terms of business.

SEC. 3. The persons forming such partnerships shall make and severally sign a certificate, which shall contain the name or firm under which said partnership is to be conducted, the names and respective places of residence of all the general and special partners, distinguishing who are general and who are special partners, the amount of capital which each special partner has contributed to the capital stock, the general nature of the business to be transacted, and the time when the partnership is to commence and when it is to terminate.

2900. Acknowledged and recorded.

SEC. 4. No such partnership shall be deemed to have been formed until a certificate, made as aforesaid, shall be acknowledged by all the partners before some officer authorized to take acknowledgment of deeds, and recorded in the office of the recorder of the county in which the principal place of business of the partnership is situated, in a book to be kept for that purpose, open to public inspection; and if the partnership shall have places of business situated in different counties, a copy of the certificate, certified by the recorder in whose office it shall be recorded, shall be filed and recorded in like manner in the office of the recorder in every such county. If any false statement shall be made in any such certificate, all the persons interested in the partnership shall be liable, as general partners, for all the engagements thereof.

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

2901. Publication.

SEC. 5. The partners shall, for three successive weeks immediately after such registry, publish a copy of the certificate above mentioned in a newspaper printed in the county where their principal place of business is situated; and if no such paper be there printed, then in a newspaper in the territory nearest thereto; and in case such publication be not so made, the partnership shall be deemed general.

2902. Renewal.

SEC. 6. Upon every renewal or continuation of a limited partnership beyond the time originally agreed upon for its duration, a certificate thereof shall be made, acknowledged, recorded and published, in like manner as is provided in this act for the original formation of limited partnerships, and every such partnership which shall not be renewed in conformity with the provisions of this section, shall be deemed a general partnership.

2903. General and special partners.

SEC. 7. The business of the partnership shall be conducted under a firm in which the names of the general partners only shall be inserted, and the general partners only shall transact the business. If the name of any special partner shall be used in said firm with his consent or privity, or if he shall personally make any contract respecting the concerns of the partnership with any person except the general partner, he shall be deemed and treated as a general partner.

2904. Capital stock.

SEC. 8. During the continuance of any partnership, under the provisions of this act, no part of the capital stock thereof shall be withdrawn, nor any division of interests or profits be made so as to reduce such capital stock below the sum stated in the certificate before mentioned. If at any time. during the continuance or at the termination of the partnership, the property or assets shall not be sufficient to pay the partnership debts, the special partners shall severally be held responsible for all sums by them in any way received, withdrawn, or divided, with interest thereon from the time when they were so withdrawn respectively.

2905. In cases of general assignment.

SEC. 9. No general assignment by said partnership, in case of insolvency, or where their goods and estate are insufficient for the payment of all their debts, shall be valid unless it provide for a distribution of the partnership property among all the creditors in proportion to the amount of their several claims.

2906. Idem-Publication of assignment.

SEC. 10. In case of such assignment, as provided for in the preceding section, the assent of the creditors shall be presumed, unless, within sixty days after notice thereof, they shall dissent; and no such assignment shall be valid unless notice thereof shall be given in some newspaper printed in the county where the place of business of the party making it is situated; or if no newspaper be printed in such county, then in some newspaper printed in the territory nearest thereto, within fourteen days after the making such assignment. 2907. Suits against general partners only-Exception.

SEC. 11. All suits respecting the business of such partnerships shall be prosecuted by and against the general partners only, except in those cases in which provision is made in this act that the special partners shall be deemed general partners, and that special partnerships shall be deemed gen

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