4132. To report annually to the governor.

SEC. 5. The attorney-general shall, also, on the first day of January, annually, report to the governor the condition of the affairs of his department, and in such report make such suggestions as shall appear to him calculated to improve the laws of the state. He shall communicate to the governor, or either branch of the legislature, when requested, any information concerning his office.

District attorneys to report to attorney-general, secs. 1608, 1609.

4133. May commence or defend action to protect state's interest on own motion or direction of governor.

SEC. 6. Whenever the governor shall direct, or in the opinion of the attorney-general, to protect and secure the interest of the state, it is necessary that a suit be commenced or defended in any court, it is hereby made the duty of the attorney-general to commence such action, or make such defense; and such actions may be instituted in any district court in the state, or in any justice's court of the proper county.

Duty to aid bank examiner, sec. 669.

Duty in relation to escheats, secs. 1625, 6130–6131.

May instruct district attorney to bring action to remove commissioner for violation of county revenue act, secs. 3830, 3834.

Duty to prosecute actions for money due state at request of controller, sec. 4162.

to

The attorney-general is authorized bring suit for the collection of taxes due the state. State v. C. P. R. R. Co., 10 Nev. 48, 78.

The attorney-general has control of all tax suits in the supreme court on the part of

the state. If nothing to the contrary is shown, the court will always presume that an attorney appearing for the state in such suits is authorized by him to act in the ease. State v. Cal. M. Co., 13 Nev. 210.

4134. Refusal to perform duty a misdemeanor.

SEC. 7. If the attorney-general shall neglect or refuse to perform any of the duties required of him by law, he shall be deemed guilty of misdemeanor, or shall be subject to removal from office; and he shall be responsible upon his official bond for all carelessness, negligence, or malfeasance in office.

[Sec. 8 relating to salary of attorney-general, superseded by sec. 4394.]

An Act to authorize the attorney-general to appoint deputies, and defining their powers and duties.

Approved February 8, 1908, 31

4135. Attorney-general may appoint deputies.

SECTION 1. The attorney-general is hereby authorized to appoint as many deputies as he may deem necessary to fully perform the duties of his office. All deputies so appointed shall have the power to perform all duties now required by the attorney-general.

Salary of one deputy, see sec. 4395,

4136. Oath of deputies.

SEC. 2. Before entering upon the discharge of his duties, each deputy so appointed shall take and subscribe to the constitutional oath of office, which shall be filed in the office of the secretary of state.

An Act to further define the powers and duties of the attorney-general of the State of Nevada.

Approved January 31, 1908, 25

4137. May appear before grand juries-Supervisory powers over district attorneys-May take charge of any criminal prosecution-Issue subpenas for witnesses.

SECTION 1. In addition to the duties now conferred by law upon the attorney-general, he shall have the power:

(a) To appear before any grand jury, when in his opinion it is necessary, and present evidence of the commission of a crime or violation of any law of this state; to examine witnesses before the grand jury, and to draw indictments or presentments for such grand jury.

(b) To exercise supervisory powers over all district attorneys of the state in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to their charge.

(c) To appear in and to take exclusive charge of and to conduct any prosecution in any court of this state for a violation of any law of this state, when in his opinion it is necessary, or when requested to do so by the governor. (d) To issue subpenas, subscribed by him, for witnesses within the state, in support of the prosecution, or for such other witnesses as the grand jury may direct to appear before it, upon any investigation pending before it; and he may, in like manner, issue subpenas, subscribed by him, for witnesses within the state, in support of an indictment, to appear before the court before which it is to be tried.

An Act to authorize the attorney-general to employ a stenographic clerk and fixing of compensation.

Approved February 9, 1905, 19

4138. Authorized to employ stenographer.

SECTION 1. The attorney-general of Nevada is hereby authorized to employ a stenographic clerk, whose compensation shall be seventy-five dollars per month.

Salary provision superseded by sec. 4398.

4139. Idem-Compensation, how paid.

SEC. 2. The controller of state shall, at the end of each month, draw his warrant upon the state treasury in favor of such clerk for the amount of his compensation then due, and the state treasurer shall pay the same out of any moneys in the state treasury not otherwise specially appropriated.

An Act relating to the flow of water in the Truckee river.

Approved March 10, 1879, 125

4140. Attorney-general and Washoe County commissioners to commence suits-Truckee river.

SECTION 1. The attorney-general of this state and the county commissioners of Washoe County are hereby authorized and empowered to commence suits or take such other action as may be necessary, to maintain a regular or natural flow of water in the Truckee river, and in all suits so instituted, if necessary, to use the name of "The State of Nevada."

An Act creating the office of mineral land commissioner, defining his duties and fixing his compensation therefor, and constituting the attorney-general ex officio mineral land commissioner.

SECTION 1. The office of mineral land commissioner is hereby created.

4142. Duties of office.

SEC. 2. It shall be the duty of the mineral land commissioner to examine all applications for patents of the public lands of this state or of the United States, except mining claims, and to make an abstract of such application which shall contain the name of the applicant, the location of the land applied for to be patented, by legal subdivisions, with the section, township, and range, the date of entry of the applicant, and the character of such entry. After obtaining the above information, the mineral land commissioner shall immediately commence an inquiry, or cause an inquiry to be commenced, to ascertain:

First-If any of the land for which a patent is applied is located within any mining district or known mineral belt.

Second-If the same, or any portion thereof, has at any time been held, used, claimed or worked for minerals of any kind or character, and for these purposes he may make application to any state or county officer of this state, who shall proceed forthwith to furnish such information to said commissioner, and he shall publish a notice of such application in some newspaper nearest the land applied for.

Third-It shall be ascertained, or if the mineral land commissioner has reason to believe that the said land so applied for is mineral in character, or contains mineral sufficient to support a bona fide mining location, then it shall be the duty of the mineral land commissioner to appear in the state land office, or in the United States land office, as the case may be, and contest such application, and for this purpose he shall have power to produce witnesses, and offer evidence in support of the contest, showing that the land applied for is more valuable for mineral than for any other purpose.

4143. Persons who may lodge information-Duty of commissioner to contest.

SEC. 3. Any person having knowledge of the existence of minerals on any portion of the public domain belonging to the state or to the United States for which a patent is applied, may lodge such information before the mineral land commissioner, with the request that said commissioner appear as the attorney for such person and contest the application for such patent, either in his own name or in the name of any person who may request to be entered as a contestant for such application, and it shall be the duty of the said commissioner to appear and act as such attorney and contest such application. 4144. Record of contests kept-Report to governor.

SEC. 4. The mineral land commissioner shall keep a record of all actions or contests so instituted, either in his own name, or as the attorney for any other person, and shall carefully preserve and file copies of all evidence, data, plats, and other information, and shall on or before the first day of January of each year make and submit his report to the governor, showing the number of applications contested by him, where the land is located, and the character of the minerals alleged to be contained therein, with such other and further information as he may deem necessary.

4145. May appoint deputies-Salary of commissioner-No fees allowed. SEC. 5. The mineral land commissioner may appoint as many deputies as he may deem necessary for the carrying out of the provisions of this act. All fees or charges of such deputies shall be paid out of the salary herein provided for the mineral land commissioner. The mineral land commissioner shall receive a salary of twenty-five hundred dollars per annum, payable in equal monthly installments, the same as the salaries of other officers of the state are paid, and the state controller is hereby authorized to draw his warrant and the state treasurer is hereby directed to pay the same out of any

money not otherwise then especially appropriated. The state mineral land commissioner shall make no charge nor shall he receive any other fees than the salary herein provided.

4146. Attorney-general ex officio commissioner.

SEC. 6. The attorney-general of this state is hereby made ex officio mineral land commissioner.

4147. State mineralogist, if appointed, to furnish information.

SEC. 7. In the event of the lawful appointment of a state mineralogist, it shall be the duty of said state mineralogist to furnish to the mineral land commissioner, upon his written request therefor, the information and data specified in section 2 of this act, and if necessary, or desired, any such other information relative thereto that said state mineralogist may, by diligent search and inquiry, be able to ascertain.

AUDITOR

An Act to provide for the appointment of a state auditor, fix his compensation and prescribe his duties.

Approved March 26, 1907, 240

4148. Governor may appoint state auditor

Term of office.

4149. Salary, payment of.

4150. Shall be thorough accountant.

4151. Duty to examine books of county officers-May install uniform system for state and counties-Report

to district attorney and clerk.

4152. May administer oaths-Refusal to permit inspection misdemeanor.

4153. To keep record of investigations-Open to inspection-Office at capitolRecords with controller, when.

4148. Governor may appoint state auditor-Term of office.

SECTION 1. The governor is hereby authorized and empowered in his discretion, and at such times as he may deem necessary, to appoint a competent person to the position herein created to be known as "State Auditor," for the term of two years, unless sooner removed, said person so appointed to be subject to removal at the pleasure of the governor. As amended, Stats. 1909, 50.

4149. Salary, payment of.

SEC. 2. The salary of the state auditor is hereby fixed at two hundred dollars per calendar month, same to be paid out of the general fund of the state, together with such actual traveling expenses as may be necessary in the performance of his official duties, said salary and expenses to be a claim against the state to be duly presented to and allowed by the state board of examiners, and the state controller is hereby authorized and directed to draw his warrant on the state treasurer in payment of such claims so allowed, and the state treasurer is hereby required to pay the same. As amended, Stats. 1909, 50.

4150. Shall be thorough accountant.

SEC. 3. The state auditor shall be a person duly qualified for the position. He shall be thoroughly versed in the science of bookkeeping and accounts, single and double-entry, combination, loose-leaf and other systems in common use, also in the approved methods of filing vouchers, records, reports and documents necessary in the conduct of the business of the several counties and in the transactions between the respective county and state officials. 4151. Duty to examine books of county officers-May install uniform system for state and counties-Report to district attorney and clerk.

SEC. 4. It shall be the duty of the state auditor, at such times as the gov

ernor shall direct, to examine the books and accounts of all county officials who are required by law to have and keep their offices at the county-seats of the several counties in this state, and of all state institutions supported by. or receiving aid from the state, and of all state officers required by law to keep books or accounts showing the receipt or payment of money by, for, or on account of the state, and report the result of such examination to the governor forthwith; copies of such reports relating to the accounts of the officers of any county shall be furnished by the state auditor to the district attorney and to the clerk of the board of county commissioners of such county. The state auditor shall, in so far as he may deem practicable and advisable, and avoiding the possibilities of confusion in the business details, install in the several counties, state institutions and state offices a uniform or improved system of accounts. As amended, Stats. 1909, 51.

4152. May administer oaths-Refusal to permit inspection misdemeanor. SEC. 5. The state auditor shall be, and he hereby is, authorized to administer oaths and to examine under oath, when he shall deem it necessary, any state or county official, or officer of any state institution in relation to or concerning his books and accounts, and any such officer refusing to allow the state auditor an inspection of his books, or of the accounts therein contained, or of any records or data pertaining to the conduct of his office, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than one hundred dollars nor more than three hundred dollars, or be imprisoned in the county jail for a period not to exceed six months, or be punished by both such fine and imprisonment. As amended, Stats. 1909, 51. 4153. To keep record of investigations-Open to inspection-Office at capitol-Records with controller, when.

SEC. 6. The state auditor shall be required to keep a record of his investigations, together with a general summary of the detail and data of the affairs of the respective counties, and shall be provided with office room in the state capitol building. The room herein specified shall be open to the public at any reasonable office hour, and in the absence of the state auditor from the state capitol while in the performance of his official duty, said record shall be left with the state controller for such public inspection.

CONTROLLER

How chosen, term of office, eligibility, sections 312, 370, 371.

Duties of, section 315.

To keep office at seat of government, section 380.

An Act defining the duties of state controller.

Approved February 24, 1866, 96

4154. Controller, how commissioned-Office at capital-Leave of absence.

4155. To give official bond-Conditions. 4156. To report anually to the governor financial condition of state-Recommend plans for support of credit and improvement of fiscal affairs. 4157. Controller to keep accounts and receive revenue, examine and settle accounts with the county treasurers and certify amounts to state treasurer. 4158. Authorized to audit and allow claimsMay examine witnesses and documentary evidence-Draw warrants on treasurer.

4159. To draw all warrants-Particular fund to express-Must be unexhausted appropriation-Keep accounts with all appropriations.