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1588. Surveyor-general and controller to report to legislature.

SEC. 5. The controller of the state and the surveyor-general shall include in their annual reports to the governor, a digest and synopsis, in tabular form, of all reports received by them under the provisions of this act, and shall name therein the counties, if any, which have failed to make the report herein provided; and the governor shall transmit said reports of the controller and surveyor-general of the state to the legislature.

1589. Circular, what to contain.

SEC. 6. It shall be the duty of the surveyor-general to cause to be inserted in his annual circular letter, provided for in section 6 of "An act concerning the office of the surveyor-general," approved March twentieth, eighteen hundred and sixty-five [sec. 4352, post] so much of this act as shall give the county assessors knowledge of the duties required of them by this act, and he shall cause to be printed an appropriate set of blanks for the use of such assessors in reporting uniformly the matters required of them by this act, and shall forward a sufficient number of such blanks to the county auditor at the time of sending his circular letter, as in this act provided. And the said auditors, at the time of delivering said circulars, shall deliver to said assessors the necessary blanks, as provided for in this act.

1590. Cost of printing.

SEC. 7. The costs of printing by this act required shall be audited by the controller of state, and allowed and paid in the same manner as provided by law for other printing.

1591. Assessor to gather information for reports.

SEC. 8. It is hereby required of the county assessors, and all deputy county assessors, that the information required of them by this act shall be gathered and collected at the time they make their annual assessment for taxation, as required by law, and shall be gathered by diligent and personal inquiry; and each of them shall certify to said reports of statistical information, that the same has been so gathered, and is as full and complete as can reasonably be made.

An Act to abolish the compensation of county auditors for extending the taxes on the assessment roll.

Approved March 9, 1891, 30

1592. No additional compensation.

SECTION 1. It shall be the duty of the county auditors of the several counties to extend the taxes on the assessment roll without any additional fees or compensation.

Duty to audit claims against counties, secs. 1509-1512, 1535.

Duty to audit claims of sheriffs and constables for transporting prisoners to jails, secs. 1544-1545.

Member of board of examiners, duties, secs. 1549-1551,

Similar duties in relation to town governments, secs. 878–890.

District attorney to file duplicate receipts with, sec. 1599.

Bond of sheriff to be filed with, sec. 1644.

Duties of in relation to revenue, secs. 3625, 3640–3642, 3646, 3649, 3657, 3668, 3675, 3680, 3682, 3683, 3685, 3686, 3697, 3698, 3702, 3706, 3722, 3723, 3725, 3739-3741, 3746-3750, 3754,3771, 3794— 3796, 3806, 3841, 3862, 3882, 3883.

May appoint a deputy, sec. 2848.

Fees of in counties of less than 800 population, sec. 2002; more than 800, sec. 2014.

Duty to make affidavit has not violated law relating to officers, sec. 2844.

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SECTION 1. There shall be a district attorney in each of the counties of this state, who shall be elected by qualified electors of each county, at the general election in the year 1908, and every two years thereafter, and who shall enter upon the duties of his office on the first Monday of January following his election; provided, that no person shall be eligible to the office of district attorney unless he shall, at the time of his election, be a bona fide resident of the State of Nevada, and duly licensed and admitted to practice law in all courts of said state. As amended, Stats. 1907, 427.

See sec. 525.

Election of to be provided for (Const.), sec. 290.

To keep office at county-seat (Const.), sec. 375.

Duty to aid bank examiner, secs. 669, 686.

Duties in relation to town government, secs. 878-890.

Duties in relation to excessive town or city tax, secs. 976, 977, 981; certain delinquent taxes, sec. 934.

Duties of in relation to stockholders of bonding companies, secs. 1244, 1248.

Duty to enforce act requiring mining companies to file statements, sec. 1340.

Duty to keep office and office hours, sec. 1564.
Duty to abate nuisances, secs. 1562, 5504.
May have leave of absence, secs. 1566–1568.

had formerly belonged to the district attornevs. State v. Harris, 12 Nev. 414.

Duty to report to attorney-general, secs. 1608, 1609. Prosecuting attorneys were the same as district attorneys except that their authority was limited to their respective counties; their duties were precisely the same that

The district attorneys have authority to appoint deputies. Id.

Duty of in relation to revenue, secs. 3624, 3625, 3650, 3655, 3658, 3659-3665 (suits for delinquent taxes), 3674, 3675, 3677, 3681, 3704, 3706, 3707, et seq. (suits against mine owners for delinquent taxes), 3737, 3754, 3755, 3830, 3834, 3870, 3871.

Duty to prosecute violations of pure food law, sec. 3505.

Power to direct services of state veterinarian, sec. 4379.

May appoint deputy, sec. 2848.

Inspectors of hides to report to, sec. 2285.

Duty to institute proceedings against sheep inspector, sec. 2344.

Duty to prosecute violations of optometry act, sec. 2896.

Duty to bring action for unlawful holding office, sec. 1814.

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SEC. 2. Before entering upon the duties of his office he shall execute and file with the county clerk a bond to the county, conditioned for the faithful performance of his duties, the penalty of said bond to be fixed by the board of county commissioners.

Sureties on bond of person appointed to fill vacancy in this office, conditioned for faithful performance during incumbency are liable for breach at any time while such person fills the vacancy and until his succes1595. Public prosecutor.

SEC. 3. therein.

sor is qualified. State v. Wells, 8 Nev. 105. The sureties on such official bond are liable for his defalcation, though he hold office only de facto and not de jure. Id.

The district attorney in each county shall be public prosecutor

Cited, State v. Salge, 2 Nev. 324.

Sec. 4, relative to salaries, is superseded by the various salary acts.

Duty to prosecute cases under juvenile court act, sec. 763; mutual fire insurance act, sec. 1295; foreign corporations for violations of law, secs. 1350, 1354.

1596. Conduct all prosecutions.

SEC. 5. He shall attend the district courts held in his county, for the transaction of criminal business; he shall, also, attend justices' courts in his county, when required by justices of the peace, and conduct all prosecutions on behalf of the people for public offenses.

The district attorney is not entitled to charge the fee of $10 provided by section 7, Stats. 1877, 181, for a conviction under said

act in a case which he did not prosecute. Tilden v. Esmeralda Co., 32 Nev. 319, 107 P. 881.

1597. Court may appoint attorney, when.

SEC. 6. If he fails to attend any session of the district court, or for any reason is disqualified from acting in any matter coming before said court, the court may appoint some other person to perform the duties of district attorney, who shall receive a reasonable compensation, to be certified by the court and paid out of the county treasury. If the district attorney shall wilfully neglect to attend any session of the district court the amount so paid shall be deducted by the board of county commissioners from the salary allowed to said district attorney. As amended, Stats. 1889, 73; 1907, 25.

1598. Duties of.

SEC. 7. The district attorney shall draw all indictments, when required by the grand jury; shall defend all suits brought against his county; shall prosecute all recognizances forfeited in the district court, and all actions for the recovery of debts, fines, penalties, and forfeitures accruing to his county; and he shall also perform such other duties as may be required of him by law.

See notes to sec. 1593.

The duty of bringing suits for collection of delinquent taxes is specially imposed upon

the district attorney. State ex rel. Drake v. Hobart, 12 Nev. 408.

1599. To deliver receipt for money or property.

SEC. 8. When he receives money or property in his official capacity, he shall deliver a receipt therefor to the person from whom he receives it, and file a duplicate with the county auditor.

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SEC. 9. He shall, on the first Mondays of May, August, and November, in each year, file in the office of the county treasurer an account in writing, certified by oath, of all moneys received by him in his official capacity during the preceding three months, and shall, at the same time, pay it over to the county treasurer.

1601. Treasurer to bring action against, when.

SEC. 10. For a failure to comply with the provisions of the last section, the county treasurer shall bring an action against him and his sureties for the recovery of all moneys in his hands not accounted for, and for twenty per cent additional thereon.

1602. Legal opinion free to officers.

SEC. 11. The district attorney shall, without fees, give his legal opinion to any assessor, collector, auditor, or county treasurer, and to all other county, township or district officers, within his county, in any matter relating to the duties of their respective offices. As amended, Stats. 1887, 52.

1603. Fees in addition to salary.

SEC. 12. The district attorney, in addition to the yearly salary allowed by

law, shall receive the following fees: For each conviction in capital cases, the sum of one hundred dollars; on conviction of any other felony, fifty dollars; and for a misdemeanor in the district court, twenty-five dollars, to be charged against the defendant; for each conviction in a justice's court, to be taxed as costs against the defendant (but shall in no case be charged against the county), fifteen dollars; for each suit in a justice's court, for delinquent taxes, a fee of five dollars; and in the district court, ten dollars, with ten per cent on the amount of taxes delinquent, said fee and percentage to be taxed and collected as costs; for all amounts collected by him for the county by action, except for delinquent taxes, ten per cent.

Fee of district attorney, five per cent upon amount of taxes delinquent instead of ten per cent as provided in foregoing section, see sec. 3677.

See, also, secs. 3660, 3665.

An act fixing salary of the district attorney of a designated county in full for his services suspends as to such county the provisions of this act authorizing collection of fees in addition to salary.

A special statute restricts the effect of a prior general act from which it differs, and suspends its operation in the field covered by the special act. Tilden v. Esmeralda Co., 32 Nev. 319, 107 P. 881.

1604. To attend sittings of commissioners.

SEC. 13. The district attorney, when not in attendance on the sittings of the district court as criminal prosecutor, shall attend the sittings of the board of county commissioners, when engaged in auditing accounts and claims brought against the county, and in all cases oppose such accounts or claims as he may deem illegal or unjust, and shall, at all times, give his advice when required to said commissioners upon matters relating to their duties.

See sec. 1519.

It is the duty of the district attorney to assist the board of county commissioners in formulating and adopting ordinances, within the scope of their authority, under the town

1605. Not to present claims.

and city government act (Stats. 1881, 68) without additional compensation. State ex rel. Norcross v. Shearer, 23 Nev. 76, 80 (42 P. 582).

SEC. 14. No district attorney, except for his own services, shall be allowed to present any claim, account, or demand, for allowance, against his own county, or in any way to advocate the relief asked on the claim or demand made by another.

See sec. 1520.

1606. May be indicted for neglect of duty.

SEC. 15. The district attorney may be indicted for a misdemeanor in office, or neglect of duty, and be punished by fine not exceeding one thousand dollars, or by removal from office, or by both such fine or removal from office, said fine to be paid into the county treasury for county purposes.

1607. Vacancy, how filled.

SEC. 16. In case a vacancy should occur in the office of district attorney, by death, removal, or otherwise, the board of county commissioners shall appoint some suitable person to fill such vacancy, who shall remain in office during the balance of the unexpired term.

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An Act to require district attorneys to make certain reports to the

attorney-general.

Approved March 1, 1889, 54

1608. District attorneys to report to attorney-general.

SECTION 1. That on the first day of December, one thousand eight hundred and ninety, and annually at said date thereafter, the several district attorneys or other persons charged by law with the prosecution of criminals. shall make report in writing to the attorney-general, stating the number and character of prosecutions for the year ending on the first day of November preceding the date aforesaid within the territory embraced in the limits of office for which the reports are made, respectively; the number of persons convicted, and the average punishment on conviction; the number of persons acquitted, or as to whom prosecutions were abated or dismissed, and the number of prosecutions pending at the end of time covered by report; also, the costs of such prosecutions to each county, and the amount of fines paid therein. Within sixty days after the sentence of any person to the state prison, the district attorney who prosecuted said person shall make a written statement of the facts and circumstances connected with the commission of the crime for which the person stands convicted, as shown by the evidence upon the trial thereof, and deliver said statement to the district judge who presided at the trial of said cause. Said judge shall within thirty days thereafter correct said statement according to the facts and testimony; and, after certifying that said statement is a correct statement of the substance of the testimony introduced upon the trial of said action, said judge shall forward the same to the attorney-general. Upon receipt of said statement the attorneygeneral shall file the same in his office, and shall not permit the same to be taken therefrom, except at the request of the board of pardons, or a member thereof. Said statement shall be considered by the board of pardons as prima facie evidence of the matter therein contained.

1609. Penalty for failure to report.

SEC. 2. Be it further enacted, that any district attorney, or other person charged by law with the prosecution of criminals, who fails to make a full report or statement, as and within the time required by section one of this act, shall forfeit to the State of Nevada the sum of one hundred dollars, to be recovered on motion of the attorney-general in the district in and for the proper county, on ten days' notice of such motion.

An Act relating to district attorneys and partners thereof.

Approved February 23, 1887, 81

1610. Not to engage as counsel against state or county.

SECTION 1. No district attorney, or partner thereof, shall appear within his county as attorney in, or directly or indirectly aid, counsel or assist in the defense in any criminal action began or prosecuted during his term; nor in any civil action began or prosecuted during his term, in behalf of any person suing or sued by the state or any county thereof.

1611. Violation of this act a misdemeanor.

SEC. 2. A violation of this act shall be deemed a misdemeanor, and punished by a fine of not less than two hundred and fifty dollars and not more than one thousand dollars, and in addition the offender shall be disbarred from practicing law in any of the courts of this state until restored by the supreme court of the state.

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