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1653. Location of office.

SEC. 11. The sheriff shall keep an office at the county-seat of his county, which shall be kept open on all days except Sundays, from nine o'clock, forenoon, until five o'clock, afternoon.

See sec. 1564.

1654. Limit of fees.

SEC. 12. No sheriff shall, directly or indirectly, ask, demand, or receive for any services or acts by him performed in pursuance of any duty of his office, any greater or more fees than he is allowed by law, on pain of forfeiting for such offense, to the party aggrieved, treble the sum so demanded or received, and his legal fees, together with costs of suit.

1655. Sheriff not to purchase at sale.

SEC. 13. No sheriff shall become the purchaser, nor procure any person to become the purchaser for him, of any property, real or personal, by him exposed to sale by virtue of any execution or other process; and all such purchases made by any sheriff, or any person in his behalf, shall be absolutely null and void.

1656. May collect after term of office.

SEC. 14. Any sheriff, at the expiration of his term of office, having any execution or final process which he may have levied and not collected, shall be and hereby is authorized to proceed and collect such execution in the same manner as if his term of office had not expired.

1657. Escape of prisoners-Liability.

SEC. 15. When any prisoner shall be committed to the county jail for trial, or for examination, upon conviction for a public offense, or for disobedience to any writ, mandate, process or order of any court, such prisoner shall be actually confined in the jail until he is legally discharged; and if he be permitted to go at large out of the jail, except by virtue of a legal order or process, it shall be an escape, and the sheriff or jailer permitting it shall be deemed guilty of a misdemeanor, and may be fined in any sum not exceeding ten thousand dollars.

1658. Authority of, in judicial districts.

SEC. 16. The sheriff in any county in any judicial district in this state, to which any other county or counties in such district may be attached for judicial purposes, shall have power and authority to serve all process, writs, orders, or other papers issued or directed to him by the district court of his county, or the clerk thereof, within any county or counties so attached, the same as if the said county or counties were not separate and distinct counties. An attachment must be served by the sheriff of the county where the property is situated, except where one county is attached to another for judicial jurposes.

A county is not "attached" to another for judicial purposes simply because it and another county or counties form one judicial district. To be so "attached" both counties

1659. When not liable for damages.

must, under the law, be treated as one county in all matters pertaining to the courts. Sadler v. Tatti, 17 Nev. 429, 431, 432-435.

The sheriff is not authorized to serve a subpena upon witnesses residing in any other county, except it is within the same judicial district. Washoe Co. v. Humboldt Co., 14 Nev. 123, 131.

SEC. 17. No sheriff shall be liable for any damages for neglecting or refusing to serve any civil process, unless his legal fees (and an indemnifying bond in cases where he has doubts as to the ownership of the property sought to be levied upon or attached, if the same shall be required by him) are first tendered him.

Cited, Gaudette v. Roeder, 13 Nev. 346.

1660. Service on sheriff, how made.

SEC. 18. Service of a paper upon the sheriff may be made by delivering it to himself in person, or by delivering it to one of his deputies, or to a person belonging to and in the office, during office hours, or, if no such person be there, by leaving it in a conspicuous place in the office.

An Act defining the duties of sheriffs in relation to the filing and posting of licenses.

1661. Licenses to be posted.

Approved March 6, 1893, 86

SECTION 1. The sheriff of each county in the state shall, on the first Mondays of April, July, October and January, file with the board of county commissioners and post up in his office a statement showing the names of all persons, firms and corporations doing business in the county from whom licenses are collected, the nature and kind of said business, and the amount of license so paid.

Duty to collect licenses from insurance agents, sec. 1280.

An Act for the relief of purchasers at sales of real estate, or any interest therein, by public officers.

Approved December 12, 1862, 13

1662. Successor in office may execute deeds.

SECTION 1. Where lands, or any estate or interest therein have been or may hereafter be sold by a sheriff or constable, or other authorized officer, for taxes, or under an execution or order of sale, and the purchaser or his assigns may be entitled to a deed, and the sheriff or other officer who made the sale shall have died, or shall be absent from the territory, or in any way disqualified, it shall be lawful for the successor of the said sheriff or constable, or other officer to make such deed to such purchaser, his assignee or assignees, in the same manner and with the same effect as if made by the officer making the sale.

1663. Idem-Effect of deed.

SEC. 2. Such deeds, so made as aforesaid, shall have the same force and effect as evidence as if made by the officer making such sale.

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SECTION 1. That the office of county surveyor be and is hereby created; and that there shall be a county surveyor, to be elected in each county by the qualified electors thereof, at the general election, whose term of office shall be two years, and until his successor in office shall be qualified; provided, that the county surveyors elected in the year A. D. eighteen hundred and sixty-two shall hold their offices for two years thereafter, and until their successors shall qualify; and said surveyors shall keep their offices at the

county-seats of their respective counties, and shall qualify on or before the first Monday in October following their election. As amended, Stats. 1862, 32. Surveyor-general to issue letter of instruction to, sec. 4352.

Salt lands, duty to survey, secs. 2448, 2454, 2455.

Fees of, sec. 2017.

Charcoal bins, duty to estimate, sec. 4825.

1665. Oath and bond required.

SEC. 2. Each county surveyor, before entering upon the duties of his office, shall take and subscribe to the oath of office, and execute to the State of Nevada a bond in the penal sum of not less than five hundred ($500) nor more than five thousand ($5,000) dollars (the amount thereof to be determined by the board of county commissioners), with two or more sureties, residing in the county, to be approved by the board of county commissioners, conditioned for the faithful performances of the duties of his office, which bond shall be filed with the county clerk. As amended, Stats. 1883, 45.

1666. May appoint deputies.

SEC. 3. The county surveyor may appoint deputy surveyors, who shall severally take and subscribe to the oath of office, and for the faithful performance of whose duties he shall be responsible.

1667. Certificate to be evidence.

SEC. 4. The certificate of the county surveyor, or any of his deputies, shall be submitted as legal evidence in any court of this state; but the same may be subject to be rebutted by other evidence. Surveys made by the mutual consent of parties may also be admitted as legal evidence in any court of this state; provided, this section shall not be so construed to exclude the testimony of other surveyors or engineers.

1668. Surveys, when county surveyor interested party.

SEC. 5. When it shall appear that the county surveyor is interested in any tract of land, the title of which is in dispute before any court, and a survey of which is necessary, the court shall direct the survey to be made by some capable and disinterested person, who shall return such survey on oath or affirmation, and shall receive for his services the same fees as the county surveyor would be entitled to for similar services.

1669. Vacancy, how filled.

SEC. 6. During a vacancy in the office of county surveyor of any county, the probate judge of such county may appoint some competent person to perform the duties of surveyor until such vacancy shall be filled in the manner prescribed by law.

Vacancy, see secs. 1518, 2803.

1670. Duties of.

SEC. 7. It shall be the duty of said county surveyor, either by himself or one of his deputies, to execute any survey that may be required by order of any court, or upon the application of any individual or corporation.

1671. Record of surveys.

SEC. 8. He shall keep a correct and fair record of all surveys made by him or his deputies, in a book to be provided by the county for that purpose, which shall be transmitted to his successors in office; he shall also number such surveys progressively, and shall preserve a copy of the field notes and calculations of each survey, indorsing thereon its proper number, a copy of which, and also a fair and accurate plat, together with the certificate of sur

vey, shall be furnished by him to any person requiring the same, upon payment of the fees allowed by law.

1672. Surveys, how expressed.

SEC. 9. In all surveys the courses shall be expressed according to the true meridian; and the variation of the magnetic meridian from the true meridian shall be expressed on the plat with the year, month, and day of the survey. [Sec. 10 repealed, Stats. 1865, 344.]

1673. Penalty for neglect of duties.

SEC. 11. Any county surveyor who shall fail or refuse to perform any of the duties required of him by this act, shall be fined by any court of competent jurisdiction, in a sum not exceeding five hundred dollars.

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SEC. 12. Each county surveyor shall be allowed such fees as are provided by law.

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SEC. 2. The county treasurer, before he enters on the duties of his office, shall take the oath faithfully to discharge the duties of his office, as prescribed by law; he shall, also, before he enters upon the duties of his office, give a bond to the county, with at least two sureties residing in the county, in a penal sum of not less than double the amount of funds liable to come into the hands of the said treasurer during his term of office, the amount to be fixed, and the bond to be approved by the county commissioners of the proper county, conditioned that all moneys received by him for the use of the county shall be paid as the commissioners shall from time to time direct, except where special provision is made by law for the payment of such moneys, by order of any court, or otherwise, and for the faithful discharge of his duties.

Official bond of treasurer. White Pine Co. v. Herrick, 19 Nev. 34.
Liability on bond where money is stolen. State v. Nevin, 19 Nev. 162.

See Kruttschnitt v. Hauck, 6 Nev. 163; State v. Rhoades, 6 Nev. 352, and 7 Nev. 434; Jeffree v. Walsh, 14 Nev. 143.

Responsible on official bond for money of unincorporated town, sec. 952.

Duties in relation to town government, secs. 878-890 (police department fund), 910-912; fire department fund, 897–898; sewerage purposes, 990.

Duty to pay money received from escheated estates, to state treasurer, sec. 1625.

May sue district attorney to compel accounting, secs. 1600-1601.

Salaried officers to account to, for fees collected, secs. 1696–1700.

Settlements with state treasurer to deduct allowance to revenue officers, sec. 1701.

Ex officio tax receiver, sec. 3643.

County treasurer assist board of examiners in county funds, 1550.

County treasurer to apportion county money to various funds, 1557.

Duties of in relation to revenue, secs. 3644-3651, 3654, 3667–3672, 3680, 3703, 3746-3749, 3754, 3767, 3796, 3862, 3865, 3846–3852.

Sheep inspection fund, duty to notify commission of amount collected for, sec. 4590.
Warrants transferred in violation of law, may refuse to redeem, sec. 2845.
Fines and forfeitures under marriage act, may bring action for, sec. 2352.
Baggage, unclaimed at hotels, proceeds of sales of to be paid to, sec. 2152.
Surety bond, county to pay premium on, sec. 2889.
Custodian of ballots, may be, sec. 1795.

As to action on other official bonds, see Kruttschnitt v. Hauck, 16 Nev. 163; State v. Rhoades, 6 Nev. 352; State v. Rhoades, 7 Nev. 434; Jeffree v. Walsh, 14 Nev. 143.

In action against sureties on official bond of treasurer to recover an amount of money for which treasurer was in default, it is not necessary, to entitle the county to recover, that the complaint should specifically aver a performance of the several acts required to be performed by the county commissioners; but an averment that the county commissioners complied with all the requirements and conditions of said bonds and the requirements of all acts of the legislature pertaining to official bonds of county officers, is sufficient. Co. of White Pine v. Herrick, 19 Nev. 34 (5 P. 276).

Public officers who are intrusted with publie funds are not mere bailees of the money, to be exonerated by the exercise of ordinary

1676. Duties of.

care and diligence. Their liability is fixed by the bond and the fact that money is stolen from them does not release them from liability on their official bond. State V. Nevin, 19 Nev. 162, 166, 167 (3 A. S. 873, 7 P. 650).

A bond requiring a faithful performance of official duty is as binding upon principal and surety as if all the statutory duties of the officer were inserted in the bond. Idem.

It is the duty of county treasurers to safely keep the public money, and pay it out only as provided by law. Idem.

The treasurer having admitted the defalcation, the state was not compelled to wait until the close of his term of office before commencing an action upon his bond. Idem.

SEC. 3. He shall receive all moneys due and accruing to his county, and disburse the same, on the proper orders issued and attested by the county auditor.

1677. May appoint deputies.

SEC. 4. County treasurers may appoint one or more deputies, and may take from them bond with sureties; they shall have power to remove their deputies at pleasure, and every county treasurer and his sureties shall be liable for every official act of his deputies.

See sec. 2848.

1678. Office, location and hours.

SEC. 5. The county treasurer shall keep his office at the seat of justice of his county, and shall keep the same open for transaction of business during business hours; and he, and his deputies, are authorized to administer all oaths necessary in the discharge of the duties of his office.

See sec. 1564.

May have leave of absence, secs. 1566–1568.

1679. Accounts, arrangement of.

SEC. 6. He shall so arrange and keep his books that the amount received and paid out, on account of separate and distinct funds, or specific appropriations, shall be exhibited in separate accounts, as well as the whole receipts and expenditures by one general account.

1680. Books subject to inspection.

SEC. 7. He shall, at all times, keep his books and office subject to the inspection and examination of the board of county commissioners, and shall exhibit the money in his office to such board at least once a year, and as often as such board may require.

Board of examiners to count money in custody of treasurer, secs. 1549, 1551.
Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 60.

1681. To pay orders when funds-Procedure when no funds.

SEC. 8. He shall pay all orders of the county auditor when presented, if there be money in the treasury for that purpose, and write on the face of

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