residing in his county, to be approved by the board of county commissioners, conditioned for the faithful performance of the duties of his office, which bond shall be filed with the county auditor. See State v. Kruttschnitt, 4 Nev. 178; Kruttschnitt v. Hauck, 6 Nev. 163; W. P. Co. v. Herrick, 19 Nev. 34; Alderson v. Mendes, 16 Nev. 298; State v. Laughton, 19 Nev. 202; State v. Wells, 8 Nev. 105; State v. Nevin, 19 Nev. 162. The sheriff and his sureties are liable for all moneys received by him in his official capacity which he neglects or refuses to pay over, on demand, and for penalties when he does not act in good faith. The return of the sheriff admitting receipt of money is not a condition precedent to the institution of proceedings. Receipt of money may be established by other evidence. The sheriff is not authorized to withhold money for expenses incurred in preserving personal property levied upon, unless his charges have been certified to by the district judge as just and reasonable. Nash v. Muldoon, 16 Nev. 404. 1645. Power to appoint deputies-Oath of deputy. SEC. 3. Each sheriff shall have power to appoint, in writing, signed by him, one or more deputies, who are hereby empowered to perform all the duties devolving on the sheriff of the county; and the sheriff shall be responsible for all the acts of his deputy or deputies, and may remove such deputy or deputies at pleasure; but no deputy sheriff shall be qualified to act as such until he has taken an oath to faithfully and impartially discharge the duties of said office, which said oath shall be certified on the back of his appointment, and filed in the office of the county auditor. The sheriff may also require of his deputies such bonds as to him shall seem proper. See sec. 2848. May appoint policemen upon request in unincorporated towns, sec. 903. Ex officio license collector, sec. 3737. Duties of in relation to collection of licenses, secs. 3735, 3740, 3741, 3745, 3754, 3770, 3772-3773, 3778, 3781-3783, 3897. Agents for enforcement of pure food law, sec. 3498. Duty to assist state veterinarian, secs. 4380, 4384. Inspector of horses, secs. 2289–2296. Estray animals, duty to impound, secs. 2261–2265, 2329–2331. Power of county, may command, secs. 2833, 2840. Duel, duty to prevent, sec. 2823. Jury, duty to summon, secs. 4931-4939. Refusal to receive prisoner, or to make arrest; felony, sec. 2820. District judge, duty to provide office for, upon order of, sec. 4921. Bailiff of district court may perform duties of, sec. 4919. Fees, in counties of less than 800, sec. 1997, over 800, sec. 2009, on returns, sec. 2041. Mileage of, secs. 2037, 2040. Elections, duties relating to: Deliver supplies to election officers, sec. 1769; appoint special deputies, sec. 1789; serve papers in election contests, secs. 1811, 1818-1820. Where a sheriff gave his deputy an attachment to execute and the writ could not be executed without taking possession of personal property, the deputy could, if necessary, employ a keeper of the attached property. A keeper of attached property must ordinarily look to the sheriff attaching the property for his compensation, and in the absence of an express agreement with the plaintiff he cannot recover from him. Allen v. Ingalls, 33 Nev. (111 P. 34, 36). 1646. Custody of jail-Not to practice law. SEC. 4. The sheriff of each county shall have the custody of the jail or prison of his county, and the prisoners in the same, and shall appoint the keeper thereof, for whose conduct he shall be responsible, and whom he may remove at pleasure; and no sheriff shall be allowed to practice law in any court of which he is an officer. As amended, Stats. 1867, 64. 1647. Duties of sheriff and deputy. SEC. 5. It shall be the duty of sheriffs and of their deputies to keep and preserve the peace in their respective counties, and to quiet and suppress all affrays, riots, and insurrections, for which purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony, or breach of the peace, they may call upon the power of their county to aid in such arrest, or in preserving the peace. Refusal to aid officer, misdemeanor, sec. 6361. See sec. 1692, authority superior to constable. Cited, Washoe Co. v. Humboldt Co., 14 Nev. 131, 132. 1648. Duty of sheriff regarding court. SEC. 6. It shall be the duty of the sheriff to attend in person, or by deputy, at all sessions of the district court in his county, and to obey all the lawful orders and directions of the same; to execute the process, writs, or warrants of courts of justice, judicial officers and coroners, when delivered to him for that purpose. As amended, Stats. 1873, 115. 1649. Writs and orders to be indorsed. SEC. 7. When any process, writ, or order shall be delivered to the sheriff to be served or executed, he shall forthwith indorse upon it the year, month, day, and hour of its reception, and shall give to the person delivering it, if required, on payment of his fee, a written memorandum signed by him, stating the names of the parties in the process or order, the nature thereof, and the time it was received. He shall also deliver to the party served a copy thereof, if required so to do, without charge to such party. 1650. Execution of process. SEC. 8. A sheriff to whom any process, writ, order, or paper shall be delivered, shall execute the same with diligence, according to its command, or as required by law, and shall return it without delay to the proper court or officer, with his certificate endorsed thereon of the manner of its service or execution, or, if not served or executed, the reasons of his failure. For a failure so to do, he shall be liable to the party aggrieved for all damages sustained by him on account of such neglect. 1651. Liable to creditor. SEC. 9. If the sheriff to whom a writ of execution or writ of attachment is delivered, shall neglect or refuse, after being required by the creditor or his attorney to attach, or to levy upon, or sell, any property of the party charged in the writ which is liable to be attached or levied upon and sold, he shall be liable on his official bond to the creditor for the value of such property. 1652. Liability for collections. SEC. 10. If a sheriff shall neglect or refuse to pay over on demand to the person entitled, any money which may come into his hands by virtue of his office, after deducting his legal fees, the amount thereof, with twenty-five per cent damages, and interest at the rate of ten per cent per month from the time of the demand, may be recovered by such person from him and the sureties on his official bond, on application, upon five days' notice to the court in which the action is brought, or the judge thereof in vacation. This section refers only to those cases where there is a wrongful withholding of money collected and not where there is a mistake in its application, and it is shown that the sheriff has not the money in his hands. It is not the policy of the law to inflict penalties upon officers for mistakes or errors of judgment. Giffin v. Smith, 2 Nev. 374, 375, 378; Nash v. Muldoon, 16 Nev. 405, 408. As a general rule, process regular on its face and issued by a tribunal having authority to issue it, is sufficient to protect the officer, although it may have been wrongfully issued. But when the officer attempts to overthrow a sale by the debtor, on the ground that it was fraudulent as to creditors, he must go back of his process, and show the authority for issuing it. Keyes v. Grannis, 3 Nev. 548. A sheriff's sale of property will not be set aside for inadequacy of price, in the absence of fraud. Dazet v. Landry, 21 Nev. 291, 30 P. 1064. Sheriff must pay preferred claim out of proceeds of sale. Alexander v. Archer, 21 Nev. 23 (24 P. 373). The sheriff and judgment creditors in case of wrongful seizure are jointly liable for the trespass. Streeter v. Johnson, 23 Nev. 194 (44 P. 819). 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. 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 |