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issued and returned at the time they shall be so issued and returned, and none of the books, except the laws, journals, and reports of this state, which may be taken from the library by members of the legislature, during the session, and law books taken by the judges of the supreme court, shall be retained more than two weeks; and all the books taken by the members of the legislature shall be returned at the close of the session.

3950. Penalty for injury or failure to return books-Three times value. SEC. 5. If any person materially injure or fail to return any books taken from the library within the time prescribed in the foregoing section, he sha forfeit and pay to the librarian, for the benefit of the library, three times the value thereof, or of the set to which it belongs.

3951. Penalties, how recoverable-Duty of librarian to bring suit.

SEC. 6. All fines, penalties, and forfeitures accruing under and by virtue of this act, shall be recoverable by action of debt, before any justice of the peace or court having jurisdiction of the same, in the name of "The State of Nevada," for the use of the state library; and in all such trials the entries of the librarian, to be made as herein before described, shall be evidence of the delivery of the book or books, and of the dates thereof, and it shall be the duty of such librarian to carry the provisions of this act into execution, and bring suit for all penalties or injuries mentioned in this act. 3952. Fees for official commissions and all fees of office of secretary of state to go into library fund-Surplus annually distributed to general and school fund.

SEC. 7. Each and every officer of this state, civil and military, except commissioners of deeds and notaries public, shall, at the time of the issuance of his commission, and before entering upon the duties of his office, pay to the secretary of state the sum of five dollars, which, with all fees of whatever character, by the laws now in force, or which may hereafter be provided t be charged and collected in the office of the secretary of state, shall constitute a portion of the library fund; and the secretary of state shall exhibit & account of, under oath, and pay to the state treasurer, at the end of eac quarter, dating from the first day of January, all moneys collected under this act, and the same, together with such revenues as are hereinafter pr vided, shall be reserved, set apart, and appropriated, as a state library fund On the thirty-first day of December, nineteen hundred and seven, annually thereafter, the state treasurer shall take from the said library far all moneys in excess of the sum of five thousand dollars, if there be any sur plus, and transfer one-half of such moneys to the general fund of the state treasury, and the other half to the general state school fund of the sta treasury. As amended, Stats. 1907, 372.

Fees of secretary of state to go into library fund, sec. 4260.

Commission fees of commissioners of deeds and notaries public to go into library : secs. 1004, 2745.

Fees of governor's private secretary to go into library fund, sec. 4191.
No fee for military commissions, sec. 3967.

3953. Fee for admission of attorney-Library fund.

SEC. 8. No person shall be permitted to practice as an attorney or o selor at law, or admitted as such by the supreme court, or any district cer of this state, until he shall have paid to the clerk of said court the sum ten dollars, which amount shall, at the times mentioned, and under like corditions, be paid by the clerk of such court to the state treasurer, as a part said library fund; provided, that the provisions of this section shall not ap to such persons as have heretofore paid such fee into the library furd Nevada Territory, and all moneys which have been, or may hereafter b

collected and paid into the treasury, arising from the admission of attorneys or counselors at law, and provided as a library fund, shall become a part of the state library fund.

For fee of attorney, see also secs. 500, 2006.

[Sec. 9 was amended, Stats. 1875, 150; 1877, 166; 1881, 117; superseded, secs. 3954-3959.] [Sec. 10 also superseded, secs. 3954-3959.]

An Act prescribing office hours for state library, and defining the duties of lieutenant-governor as ex officio state librarian.

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NOTE-By an act approved March 14, 1865, the secretary of state was made ex officio state librarian (sec. 3947); by the above-entitled act the lieutenant-governor was made ex officio state librarian; by an act approved February 20, 1893, p. 32, sec. 4110, the secretary of state was again made ex officio state librarian and is now such by virtue of this last-mentioned act. The following sections of this act are obsolete in so far as they refer to the lieutenant

governor.

3954. Office hours.

SECTION 1. The office hours for the state library shall be the same as the office hours prescribed for or adopted by other state officers.

3955. Register kept-Books, who may take.

SEC. 2. The lieutenant-governor, as ex officio state librarian, may appoint a clerk for said state library, said clerk to serve without expense to the state, except as otherwise provided by law, and constant attendance must be had in and the library kept open during the office hours prescribed in the first section of this act, and whenever the supreme court is in session. The lieutenant-governor, as ex officio state librarian, shall be responsible for the safe keeping of all the property belonging to the state library. He shall keep a register of all books, magazines, papers, pamphlets, maps, charts, and other property added to the library, and of the cost thereof, and shall stamp the same with the library seal. He shall keep a register of all books taken from the library, when taken out, by whom, and when returned. He shall not permit any person or persons, except such as are authorized by law, to take from the library any book, magazine, paper, or other property belonging thereto.

See note preceding sec. 3954.
See secs. 3947 3949.

3956. Librarian to purchase books and contract other expenses-Examiners to approve claims-Law books have preference.

SEC. 3. The lieutenant-governor, as ex officio state librarian, shall have power to draw from the state treasury, at any time, all money which may be therein belonging to the state library fund, and expend the same in the purchase of books, and binding of magazines, newspapers, and other documents for the state library; provided, that no warrant shall be drawn by the state controller for such purposes unless the bill or account presented by the lieutenant-governor, as ex officio state librarian, shall be approved and allowed by the board of examiners. In the purchase of books regard shall be had, first, for the procurement of such books on law and reports of judicial decisions as shall be deemed suitable to the wants of the supreme court.

See note preceding sec. 3954.

3957. Librarian to report to governor.

SEC. 4. The lieutenant-governor, as ex officio state librarian, shall, on the first Monday of January in each year, furnish to the governor, to be submitted by him to the legislature when organized, a full report of the purchase and expenditures for the preceding year and the amount of moneys drawn from the treasury, with a list of all books, magazines, newspapers and other documents missing or acquired during the year, specifying those obtained by exchange, donation or purchase, and make such recommendations as he may deem advisable in connection with the affairs of said library. See note preceding sec. 3954.

3958. Official bond-Governor to approve.

SEC. 5. Before entering upon the duties of the office, the lieutenantgovernor as ex officio state librarian, shall execute an official bond in the sum of one thousand dollars, with sureties to be approved by the governor, conditioned for the faithful discharge of his duties and delivery over to his successor of all the books and other property belonging to the state library, said bond to be deposited in the office of the secretary of state.

See note preceding sec. 3954.

See sec. 4252, bond of secretary of state filed with controller.

Cited, State ex rel. Davenport v. Laughton, 19 Nev. 202, 207, 210 (8 P. 344).

3959. Librarian to receipt to supreme court.

SEC. 6. Upon assuming the duties of his office the lieutenant-governor, as ex officio state librarian, shall execute a receipt and deliver the same to the justices of the supreme court for all books and other property in the state library.

See note preceding sec. 3954.

An Act to authorize the state librarian to appoint an assistant librarian, fixing the compensation for such assistant librarian, and repealing all acts in conflict therewith.

Approved March 23, 1909, 212

3960. Assistant allowed-Salary.

SECTION 1. The state librarian is hereby authorized to appoint an assistant librarian who shall perform the duties of a librarian at the state library, and who shall be allowed as a compensation therefor the sum of eighteen hundred dollars per annum. As amended, Stats. 1911, 117.

An Act to provide for the disposal and sale of duplicate copies of books in the state library.

Approved March 9, 1889, 94

3961. Librarian authorized to sell duplicates-Justices of supreme court to approve-May transfer to university library.

SECTION 1. The state librarian is hereby authorized and directed to sell, at such prices as he may be able to obtain, all duplicate copies of books now in the state library, as well those that may hereafter become such, that may be set apart for that purpose by the justices of the supreme court, or a majority thereof; provided, that whenever in the opinion of said justices any such duplicate copies will be of service other than mere pecuniary value to the library of the state university, then books thus designated shall by said librarian be reserved for such library and transferred thereto upon the application of the board of regents approved by said justices.

An Act authorizing the employment of an engineer and a janitor for the state library building, fixing their compensation and the compensation of certain other attaches of the government of the State of Nevada.

Approved March 26, 1907, 239

3962. Library building janitor and engineer-Compensation.

SECTION 1. The board of capitol commissioners is hereby authorized to employ a competent engineer to attend to and keep in repair the heating apparatus of the capitol and state library building. When not employed as engineer he shall act as janitor of said buildings. His compensation shall be $1,300 per annum.

3963. Idem.

SEC. 2. The board of capitol commissioners is authorized to fix the compensation of the janitor of the capitol building at $1,300 per annum, and the gardener of the capitol grounds at $1,300 per annum.

3964. Idem-Warrants.

SEC. 3. The state controller is hereby directed to draw his warrants in payment of the amounts specified in this act, and the state treasurer is hereby directed to pay the same.

STATE MILITIA

Relating to the national guard and enrolled militia, sections 3965-4020.

Relating to Nevada national guard, sections 4021.

Relative to military affairs, sections 4022, 4023.

To prohibit and punish the retention of state and company property of the national guard, sections 4024-4026.

Relating to Nevada national guard, sections 4027-4032.

Relating to Nevada national guard, sections 4033-4035.

Relating to military encampment, sections 4036, 4037.

To provide for organizing and disciplining the militia, sections 4038-4086.

CONSTITUTIONAL PROVISIONS

Trial of offenses in, section 237.

To be subordinate to civil power, section 240.

Standing army not to be kept in time of peace, section 240.
Appropriation for standing army, period limited, section 240.
Not to be quartered in house without consent, section 241.

Imprisonment for fine forbidden, section 243.

Governor to be commander-in-chief, section 298.

Organization of, section 363.

Governor may call out, when, section 364.

An Act relating to the national guard and the enrolled militia.

Approved March 6, 1893, 90

3965. Name of organized militia.
3966. Enrolled militia, who constitute.
3967. Governor as commander-in-chief to
issue commissions-No fee.

3968. Rank of officers-Determined.
3969. Commission, when takes effect-Oath.
3970. Consequence of failure to take oath.
3971. Informality in appointment.

3972. Form of oath-All members to take.

73

3973. Members of staff Appointment Qualifications.

3974. Acceptance of staff appointment-
Resignation-Target practice.

3975. Certain words defined.
3976. Tenure of office.
3977. Vacancy, how filled.
3978. Who may appoint officers.

3979. Muster, by whom and when madeWhat to include.

3980. Muster rolls of brigades and divisions. 3981. Duties of registry agents, county clerks and school-census takersLists of persons subject to military duty.

3982. When and how militia may be called

out.

3983. Call to be responded to.

3984. Call, how made.

3985. Duty of recruiting officer.

3986. Draft made, when and how.

3987. Penalty for disobedience to ordersTrial.

3988. Officers of temporary battalions.

3989. Vacancies, how filled.

3990. Substitute furnished, how. 3991. Adjutant-general.

3992. Mileage of adjutant-general.

3993. Rank and duties of adjutant-general. 3994. Adjutant-general to inspect-Report. 3995. Duties of the adjutant-general.

3996. Bond of adjutant-general, how approved
-Suspension.

3997. Returns to U. S. adjutant-general.
3998. Who liable to military duty.
3999. Company organized, how.

3965. Name of organized militia.

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SECTION 1. The organized militia, or armed force of the State of Nevada, shall be called the Nevada national guard.

See Const., art. 12, sec. 363.

3966. Enrolled militia, who constitute.

SEC. 2. All persons subject to military duty and not members of the national guard shall constitute the enrolled militia.

3967. Governor as commander-in-chief to issue commissions-No fee.

SEC. 3. The governor, as commander-in-chief of the militia of the state, shall issue commissions to all officers appointed or elected therein. The commissions shall be attested by the secretary of state with the great seal, and also by the adjutant-general with the seal of his office. No fee shall be charged for military commissions.

3968. Rank of officers determined.

SEC. 4. All commissioned officers of the organized volunteer regiments, battalions and companies shall take rank according to the date assigned them by their commissions, and when two of the same grade be of the same date, their rank shall be determined by length of service in the militia, and if of equal service, then by their precedence in the order promulgating their appointment.

3969. Commission, when takes effect-Oath.

SEC. 5. A copy of the constitutional oath of office shall be indorsed on each commission, and each officer shall take said oath and transmit a certified copy of the same, made by the officer administering the oath, to the adjutantgeneral. The commissions shall take effect on the day of the taking of the oath; provided, the certified copy be forwarded.

3970. Consequences of failure to take oath. SEC. 6. The failure to take the oath or to forward the certificate thereof shall not be a bar to the prosecution of any officer as such, if he shall have performed any act or function pertaining to the office, nor shall the failure

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