Judgment when defendant into office. such persons, in order to try their respective rights to such of fice or franchise. SEC. 67. When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, has intruded or unlawfully holding any office, franchise or privilege, judg ment shall be rendered that such defendant be excluded from the office, franchise or privilege, and that he pay the costs of the action. The Court may, also, in its discretion, impose upon the defendant a fine not exceeding five thousand dollars, which fine, when collected, shall be paid into the Treasury of the State. Who may contest. be filed. OF CONTESTING ELECTIONS FOR MEMBERS OF THE LEGISLATURE. SEC. 68. The right of any person duly declared elected to a seat in the Senate or Assembly, may be contested by any qualified voter of the county or district to be represented by such Senator or Member of Assembly. Statement to SEO 69. The person contesting such election shall, within twenty days after the issue of the certificate of election, file with the Clerk of the District Court of the county in which the alleged cause or causes of contest originated, a concise statement of the grounds on which he intends to rely, verified by affidavit. Depositions. Notice to person whose election is contested. Sheriff to SEC. 70. Immediately upon the filing such statement in the Clerk's office, the said Clerk shall issue a commission, directed to two Justices of the Peace for his county, to meet at such time and place as shall be specified in such commission, not less than twenty nor more than thirty days from the time of issuing the same, for the purpose of taking the depositions of such witnesses as the parties to such contest may wish to examine. SEC. 71. Written notice of such contest, specifying the time and place of taking such depositions, and before whom to be taken, and a copy of the statement, certified by the Clerk of said Court, shall be delivered to the person whose election is contested, or if he cannot be found, shall be left at his place of residence, as shown by the register of electors, by the Sheriff of the county in which such person claims his residence, within ten days after such statement shall have been filed in the Clerk's office. SEC. 72. The Sheriff, unto whose hands such notice and serve notice. certified copy may come, shall make due service thereof, and shall return to the proper Clerk a certified copy of such notice, with the manner and time of service endorsed thereon, for which he shall be entitled to receive, from the party contesting such election, the same fees for service and mileage as are allowed in the District Courts for service of original writs. May compel attendance of witnesses. SEC. 73. Either of said Justices of the Peace shall have power, at any time, to issue subpoenas for witnesses, at request of either party, to be served by the Sheriff as other subpoenas; and such Justices, when met at the time and place appointed to take such depositions, shall have the same power to issue attachments and assess fines against witnesses as is given to Justices of the Peace in the trials of suits instituted before them. Depositions, SEC. 74. Said Justices of the Peace shall meet at the time and place appointed, to take the depositions of witnesses produced how taken." by the parties, which shall be reduced to writing by said Justices, and sworn or affirmed to, and subscribed by said witnesses respectively, and duly certified by said Justices, as depositions are in other cases, noting in the caption of each deposition by which party the witness was called. to be SEC. 75. Said Justices may continue said examination from Depositions day to day, if the business shall require it, and when the same delivered to is closed, they shall deliver the depositions taken before them, clerk. together with the said commission, to the Clerk of the District Court by whom the same was issued. supply va SEC. 76. If, at any time, either of the said Justices shall Clerk may become unable to proceed in such examination, said Clerk may cancy, when supply the vacancy, by designating any other Justice of the Justice is Peace of the county, in the place of said Justice. unable to proceed. SEC. 77. The Sheriff, for the service of such subpoenas, and Fees of the Justices, for issuing the same and taking depositions, shall Sheriff and receive, from the party at whose instance such services are performed, the same fees as are allowed them for similar services in other cases. Justice. transmitted SEC. 78. It shall be the duty of said Clerk to seal up such Depositions, depositions, together with the original statements of the etc., to be grounds of such contest, and the copy of the notice served to Secretary upon the party whose right is contested, and the commission of State. issued to the Justice of the Peace, and transmit the same, by mail, to the Secretary of State, endorsing thereon the names of the contesting parties, and the branch of the Legislature before which such contest is to be tried. Duty of SEC. 79. It shall be the duty of the Secretary of State to deliver the same, unopened, to the presiding officer of the House Secretary of in which such contest is to be tried, on or before the second day of the session of the Legislature next after taking such depositions; and such presiding officer shall immediately give notice to said house that said papers are in his possession. to try SEC. 80. Each house of the Legislature shall judge of the Each house qualifications and elections of its own members, and shall try contested all contested elections of its members, in such manner as it elections. may direct. depositions. SEC. 81. At any time after notice of any contest shall be Either party given, and before the trial of such contested election, before mytition the proper branch of the Legislature, it may be lawful for either party to such contest to take depositions, to be read on the trial thereof, in like manner and under the same rules as are allowed and required in the cases of depositions to be read on any trial pending in the District Court; and such depositions, when thus taken, shall be sealed up by the officer taking the same, and directed to the Secretary of State, who shall keep the same, unopened, and deliver them to the presiding officer of the house in which such contest is to be tried, to be disposed of by such officer as the depositions specified in the preceding section. Right of not abridged Who may contest. Grounds of specified, SEC. 82. Nothing contained in the foregoing sections of this Act shall be so construed as to abridge the right of either branch of the Legislature, trying any contested election, from granting commissions to take testimony, or from sending for and examining before such branch any witnesses it may desire to hear in such trial. OF CONTESTING THE ELECTION OF GOVERNOR, LIEUTENANT-GOV- SEC. 83. Any qualified elector of the State may contest the election of any person declared duly elected Governor or Lieutenant-Governor of the State of Nevada, and any other State officer, as prescribed in this Act. SEC. 84. When such elector chooses to contest such election contest to be he shall deliver to the presiding officer of each house of the Legislature a specification of the grounds of such contest, stating therein that he is a qualified elector of said State, and verifying the same by his oath or affirmation. etc. Notice to person whose election contested. Notice to members. Joint SEC. 85. As soon as the presiding officers shall have received said specifications, they shall forth with make out a notice, in writing, directed to the person whose election is contested, and deliver the same to the Sergeant-at-Arms of one of the houses, who shall serve such notice, together with a copy of said specifications, forthwith on the person or persons therein named. SEC. 86. Said presiding officers shall also immediately give notice to their respective houses, that such specifications of the grounds of contest have been received. SEC. 87. After ten days from the service of said notice and convention. specifications on the person whose right to the office is contested, the Senate and Assembly shall meet together and constitute themselves into a joint convention, or committee, to hear, try and determine the right to the office, as between the contesting parties, giving notice to the contestants of such time as they may fix upon, and for that purpose shall hold their meetings public, at the seat of government, at such time and place as they may designate, and may adjourn from day to day, or to a day certain, until such trial shall be ended and determined; and they shall have power to send for persons and papers, and to take all necessary means to procure testimony, extending like privileges to the contestor, and the person whose right is contested. Testimony. Judgment conclusive. SEC. 88. The testimony received in such investigation shall be confined to the points contained in the specification of the grounds of contest. SEC. 89. The judgment of a majority of the joint committee, or convention, pronounced in the final decision of said contested election, shall be conclusive, as to the validity or invalidity thereof; and if such election is adjudged invalid, the office rendered vacant by such decision shall be filled in the mode prescribed by this Act. REMOVALS FROM OFFICE-FIRST, BY CIVIL ACTIONS. Cause for SEC. 90. If any person now holding, or who shall hereafter hold, any office in this State, who shall refuse or neglect to per- removal. form any official act in the manner and form as now prescribed by law, or who shall be guilty of any malpractice or misfeasance in office, shall be removed therefrom, as herein prescribed. when SEC. 91. Whenever any complaint, in writing, duly verified Proceedings by the oath of any complainant, shall be presented to the Dis- complaint trict Court, alleging that any officer within the jurisdiction of presented. 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 misfeasance in office, it shall be the duty of said 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 other 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 in support of the same, and the answer 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. Copy of transmitted Commis SEC. 92. It shall be the duty of the Clerk of the Court in which such proceedings are had, to transmit, within three days decree to be thereafter, to the Governor of the State, or the Board of County to Governor Commissioners of the proper county, a copy of any decree or or County judgment, declaring any officer deprived of office under this sioners, etc. Act, and it shall be the duty of the Governor, or such Board of County Commissioners whose duty it 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 bond and security as are prescribed by law, and pertaining to such office. SEC. 93. The rules of practice governing the District Courts, Rules of in civil cases, shall be in force; and in all proceedings under the practice. last three preceding sections of this Act, so far as the same are applicable to the case, and not inconsistent with said sections, either party may appeal as in other cases, to the Supreme Court, but such appeal shall not authorize the officer or person appealing to hold the office during the pending of such appeal. SEC. 94. The District Courts shall have jurisdiction of all Jurisdiction. cases arising under the last four preceding sections of this Act. SECOND-BY CRIMINAL ACTION. SEC. 95. An accusation, in writing, against any district, Accusation county or precinct officer, for wilful and corrupt misconduct in against office, may be presented by the grand jury of the county for certain which such officer accused is elected or appointed. officers. What to state. To be SEC. 96. The accusation shall state the offense charged in ordinary and concise language, and without repetition. SEC. 97. The accusation shall be delivered by the foreman delivered to of the grand jury to the District Attorney of the county, who Grand Jury. shall cause a copy thereof to be served upon the defendant, and require, by notice in writing, of not less than ten days, that he appear before the District Court then setting, or at the next term, and answer the accusation. The original accusation shall then be filed with the Clerk of the District Court. Defendant to appear. Answer. Objections. Denial. Answer forth with. Court to convict or proceed to try. Trial to be by jury. Attendance SEC. 98. The defendant must appear at the time appointed in the notice and answer the accusations, unless, for some sufficient cause, the Court assign another day for that purpose. If he do not appear, the Court may proceed to hear and determine the accusation in his absence. SEC. 99. The defendant may answer the accusation, either by objecting to the sufficiency thereof, or to any allegation therein, or by denying the truth of the same. SEC. 100. If he object to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it present intelligibly the grounds of the objection. SEC. 101. If he deny the truth of the accusation, the denial may be oral and without oath, and shall be entered upon the minutes. SEC. 102. If an objection to the sufficiency of the accusation be not sustained, the defendant shall be required to answer the accusation forthwith. SEC. 103. If the defendant plead guilty, and refuse to answer the accusation, the Court shall render judgment of conviction against him. If he deny the matters charged, the Court shall, immediately, or as soon thereafter as practicable, proceed to try the accused. SEC. 104. The trial shall be by a jury, and shall be conducted, in all respects, in the same manner as the trial upon indictment for any other offense. SEC. 105. The District Attorney and the defendant shall be, of witnesses. respectively, entitled to such process as may be necessary to enforce the attendance of witnesses, as in a trial upon indictment for other offenses. Judgment on con. viction. Appeal. Proceedings against District Attorney SEC. 106. Upon a conviction the Court shall, immediately, or within five days, as it may appoint, pronounce judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, assigning therein the causes of removal. SEC. 107. From a judgment of removal an appeal may be taken to the Supreme Court, in the same manner as from a judgment in a civil action; but, until such judgment be reversed, the defendant shall be suspended from his office. Pending the appeal, the office may be filled, as in case of a vacancy. SEC. 108. The same proceedings may be had on like grounds for the removal of a District Attorney, except that the accusation shall be delivered to the District Judge of the District, who shall thereupon appoint some one to act as a prosecuting officer in the matter, or shall place the accusation in the hands |