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.

Acts Repealed.

SEC. 101. The Act entitled "An Act creating offices in the Territory of Nevada," approved November twenty-ninth, eighteen hundred and sixty-one [p. 295]; the Act entitled "An Act to prevent certain officers from dealing in certain securities," approved December twentieth, eighteen hundred and sixty-two [p. 178], and all other Acts or parts of Acts, in conflict with this Act, are hereby repealed.

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.

Fees and Salaries.

Approved February 1, 1883, 26.

1882. 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.

Garnishment.

1883. SEC. 2. In case of the garnishment or attachment of any Auditor, Treasurer, or disbursing officer, under the provisions of this Act, such officer so garnisheed or holding the funds or property attached, may pay the sum named, or deliver the property named in the garnishment or attachment, into the court issuing the same, taking the receipt of the court therefor, which shall be a full release of the disbursing officer from the garnishment or attachment.

Statute of Limitations.

1884. SEC. 3. The statute of limitations shall not run against any indebtedness of such officer or person, existing at the time of his entering upon the duties of his office or position, during the time such office or position shall be held.

An Act concerning sureties on official bonds.

Subscriptions, How Taken.

Approved January 31, 1883, 25.

1885. SECTION 1. Subscriptions to official bonds shall be taken singly, and for a liability not exceeding the amount subscribed.

Sureties on Official Bonds, How May Be Released-Proviso.

1886. SEC. 2. When the official bond of any state, county, or township officer 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.

An Act providing for the release of sureties on official bonds and undertakings. Approved February 13, 1867, 55.

How Released.

1887. SECTION 1. Any surety on the official bond of any state, county, or city officer, or on the official bond of any executor, or administrator, or on the bond or undertaking of any person, where, by a law, a bond or undertaking is required, may be released from all liability thereon accruing, from and after proper proceedings had therefor, as provided in this Act.

Proceedings for Release of Surety.

1888. SEC. 2. Any surety desiring to be released from liability on the bond of any state officer, shall file with the Governor or Secretary of State, a statement in writing duly subscribed by himself, or some one in his behalf, setting forth the name and office of the person for whom he is surety, the amount for which he is liable as such, and his desire to be released from further liability on account thereof. A notice containing the objects of such statement, shall be served personally on the officer, unless he shall have left the state, in which case the same may be served by publication for twenty days in some newspaper printed at the seat of government, or if none be printed there, then in such newspaper as shall be designated by the Governor or Secretary of State. Any surety desiring to be released from the official bond of any county officer, shall file and serve a similar statement. The statement, except when it concerns the County Clerk personally, shall be filed with the Clerk of the Board of County Commissioners, and when the County Clerk is personally concerned, the statement shall be filed with the County Auditor. Any surety desiring to be released from liability on the bond of a city officer, shall file and serve a similar statement with the City Clerk or other proper officer. Any surety desiring to be released from an executor's or administrator's bond or undertaking, shall file and serve a similar statement with the Clerk of the District Court. Any surety desiring to be released from any other official bond or undertaking, shall file and serve a similar statement with the proper officer, person, or authority. All statements provided for in this section, must be served as in the first clause of this section provided; provided, the same, if served by publication, may be published in a newspaper in the same, or if no newspaper be published therein, then in an adjoining, or other county, without any order from any court, or other authority; provided, further, in all cases for which publication is provided, a printed or written notice, posted in at least ten conspicuous places within the county, for the time specified, shall be deemed legal notice thereof.

Office Vacant on Failure to Give Additional Bond-Coroner to Succeed Sheriff, When.

1889. SEC. 3. If any officer or person shall fail within ten days from the date of a personal service, or within thirty days from the date of the first insertion of a publication or posted service, to file a new or additional bond or under

taking, the office or appointment of the person or officer so failing shall become vacant, and such officer or person shall forfeit his office or appointment, and the same shall be filled as in other cases of vacancy, and in manner as provided by law, and the person applying to be released from liability on such bond or undertaking shall not be holden or liable thereon, after the date herein provided for the vacating and forfeiting of such office or appointment; provided, if a number of sureties on any such bond or undertaking, representing half the amount of the penalty thereof, shall unite in the same, or file and serve separate statements as herein provided, the right of such officer or person to exercise the duties and functions of his office, or appointment, shall immediately cease, until he shall file and have accepted and approved a new or additional bond or undertaking. Whenever by operation of this Act, the functions of any Sheriff shall become suspended, it shall be the duty of the Clerk with whom the statement as hereinbefore provided shall have been filed, to notify the acting Coroner of the county forthwith of such suspension; and upon being so notified, such Coroner shall succeed to all the powers, and discharge all the duties of Sheriff of his county, pending such suspension of the functions of the Sheriff.

Sureties on Original Bond Liable.

1890. SEC. 4. In case a new or additional bond or undertaking be filed, the sureties on the original, not asking to be released, and on the new or additional bond or undertaking, shall be and continue liable for the official acts of such officer or person jointly and severally, the same as if all were sureties on one and the same instrument.

Penalty of New Bond.

1891. SEC. 5. Whenever a statement is filed, or filed and served as herein provided, the proper authority shall prescribe the penalty or amount in which a new or additional bond or undertaking shall be filed, and if no such order be made, then such new or additional bond or undertaking shall be executed for the same amount as the original.

Form of Bond.

An Act concerning official bonds.

Approved March 14, 1865, 401.

1892. SECTION 1. All official bonds required by law of officers shall be in form joint and several, and made payable to the State of Nevada, in such penal sum, and with such conditions, as may be required by law.

Bonds Continued in Force-Subsequent Law to Apply.

1893. SEC. 2. Every official bond executed by any officer pursuant to law shall be deemed and taken to be in force, and shall be obligatory upon the principal and sureties therein, for any and all breach of the condition or conditions thereof, committed during the time such officer shall continue to discharge any of the duties of, or hold such office; and every such bond shall be deemed to be in force and obligatory upon the principal and sureties therein, for the faithful discharge of all duties which may be required of such officer by any law enacted subsequently to the execution of such bond, and such condition shall be expressed

therein.

Who May Bring Suit.

1894. SEC. 3. Every official bond executed by any officer pursuant to law, shall be in force and obligatory upon the principal and sureties therein, to and for the State of Nevada, and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity, and any person so injured or aggrieved may bring suit on such bond, in his or her own name, without an assignment thereof.

Defect in Bond Not Material.

1895. SEC. 4. Whenever any such official bond shall not contain the substantial matter, or condition or conditions required by law, or there shall be any defect in the approval or filing thereof, such bond shall not be void so as to discharge such officer and his sureties, but they shall be bound to the state or party interested, and the state or such party may, by action instituted in any court of competent jurisdiction, suggest the defect of such bond, or such approval or filing, and recover his proper and equitable demand or damages from such officer, and the person or persons who intended to become and were included in such bond as sureties.

How Official Bonds Are Approved-Proviso.

1896. SEC. 5. The official bonds of officers shall be approved and filed as follows, to wit: The official bond of the Secretary of State shall be approved by the Governor, and filed and recorded in the office of the County Clerk of the county in which the seat of government is fixed. The official bond of all other state officers, required by law to give bond, shall be approved by the Governor, filed and recorded in the office of the Secretary of State. The official bond of all county and township officers shall be approved by the Board of County Commissioners, and filed and recorded in the office of the County Clerk of their respective counties; provided, that the bond of the County Clerk shall be filed and recorded in the office of the County Recorder of the proper county.

Additional Bond, When Required.

1897. SEC. 6. Whenever the sureties, or any one of them, in the official bond of any county or township officer, shall die, remove without the state, become insolvent or insufficient, or the penalty of such bond shall become insufficient on account of recoveries had thereon, or otherwise, it shall be the duty of the Board of County Commissioners of the proper county, of their own motion, or on the showing of any person supported by affidavit, to summon any such officer to appear before them, at a time stated, not less than three days after service of such summons, and show cause why he should not execute an additional official bond with good and sufficient sureties.

Office Vacant, When.

1898. SEC. 7. Should such officer, after due notice, fail to appear at the time appointed, the matter may be heard and determined in his absence. If, after examination, the Board of County Commissioners shall be of opinion that the bond of such officer has become insufficient, from any cause whatever, they shall require an additional bond, with such security as may be deemed necessary, which said additional bond shall be executed and filed within such time as the Board of County Commissioners may order; and if any officer shall fail to execute and file such additional bond within the time specified by such order, his office shall become vacant.

Official Bond of State Officer-Proviso.

1899. SEC. 8. Whenever the official bond of any state officer shall become insufficient, from any cause whatever, the like proceedings may be had before the district court of the district in which said state officer holds his office, with referance thereto; provided, that such proceedings shall be commenced by a written motion, supported by affidavit.

Force of Additional Bond.

1900. SEC. 9. Every such additional bond shall be of like force and obligation upon the principal and sureties therein, and shall subject the officer and his sureties to the same liabilities as are prescribed respecting the original bonds of officers.

Number of Sureties.

1901. SEC. 10. Unless otherwise expressly provided, there shall be at least two sureties upon the official bond of every officer.

Justification of Sureties on Bond.

1902. SEC. 11. In all cases where official bonds are required, or may be hereafter required, from state, county or township officers, the officer or officers whose duty it is, or may be, to approve such bonds, shall not accept or approve any such bonds unless the sureties thereon shall severally justify before an officer authorized to administer oaths, as follows:

First-On a bond given by a state officer that he is a resident and freeholder or householder within this state, and on a bond given by a county officer that he is a resident and freeholder or householder within such county.

Second-That he is worth the amount for which he becomes surety over and above all his debts and liabilities in property situated within this state which is not exempt from sale or execution. As amended, Stats. 1889, 34.

Liability of Sureties.

1903. SEC. 12. When the penal sum of any bond amounts to more than two thousand dollars, the sureties may become severally liable for portions not less than five hundred dollars of such penal sum, making in the aggregate at least two sureties for the whole penal sum.

State v. Rhoades, 6 Nev. 352; Alderson v. Mendes, 16 Nev. 298.

STATE OFFICERS.

LEGISLATURE.

An Act to provide for the allotment of Senators of the State of Nevada.

Allotment of Senators.

Approved March 7, 1873, 190.

1904. SECTION 1. The senate shall, in the case of any county in this state which shall by law, be entitled to two Senators, where such county shall have been created and organized since the adoption of the Constitution of the State of Nevada, at such time as the senate shall, by resolution, direct, proceed to divide the Senators by lot into two classess; provided, that this Act shall not apply to any county, the representation of which, in the senate, shall have been, by an Act of the legislature, divided into terms of two and four years.

Terms of Senators of First and Second Class.

1905. SEC. 2. Such allotments shall be as follows: Two tickets, not distinguishable from each other, by reason of any difference in size, form, or color, shall be prepared and placed in a box, upon one of which tickets shall be written the words "first class," and upon the other the words "second class." The roll of Senators from such counties shall be called in alphabetical order; and the President of the Senate shall appoint a Page, to be blindfolded, who shall draw from a box, to be prepared for that purpose, one of the tickets, as each member's name is called; and the words upon the ticket so drawn shall designate the class to which each Senator shall belong. The seats of the Senators of the first class shall be vacated on the day succeeding the general election, four years after such Senator shall have been elected; and the seats of the Senators of the second class shall be vacated on the day succeeding the general election, two years after such Senator shall have been elected.

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