1612. Applies with equal effect. SEC. 3. This act shall apply with equal effect to any and all partners of said district attorneys. COUNTY CLERKS Ex officio clerks of courts of record and board of county commissioners, election of, secs. 290 (Const.), sees. 1505, et seq., 1691. May appoint deputy, sec. 2848. Powers and duties of, relative to corporations, secs. 1145, 1167, 1170, 1171, 1209, 1223, 1241, 1251, 1255, 1258, 1290, 1298, 1348, 1367, 1376, 1865. Bond of, approved by commissioners and filed with recorder, sec. 2872. Duties of, in relation to town government, secs. 878-890. May have leave of absence, secs. 1566-1568. Duty to take oath and give bond, sec. 1690. Duty to deliver corrected assessment roll to auditor, sec. 3640. Duties relative to assessment of transient live stock, secs. 3846-3852. Jurors, expenses of, to receive and disburse, sec. 2035. Fees of, in counties of 800 or less, sec. 1995, over 800, sec. 2007; see sec. 2030. Juries, duties in drawing and issuing venire, secs. 4930, 4931. Jury box, custodian of, sec. 4937. Seal of court, duty to keep, sec. 4878. Acknowledgments, power to take, sec. 4883. Insane, power to examine in absence of district judge, sec. 2210. Physicians, duty to keep record of licenses of, sec. 2367. Ministers authorized to solemnize marriage, duty to keep record of, sec. 2340. Marriage license, duty to issue, sec. 2341. Mines, inspection of by stockholders, duties in relation to, secs. 2492-2495. Fish and game licenses, duty to issue, secs. 2102, 2104. Notary public, bond and oath of to be filed with clerk, sec. 2746. Justice of the peace, bond of to be filed with clerk, sec. 4927. Officers elected and appointed, or vacancy, duty to certify to the secretary of state, sec. 2795. Officers, decree removing, duty to transmit to secretary of state, sec. 2853. Elections, duties in relation to: Issue certificate of election, secs. 1513, 1796; to furnish registration list to inspectors, sec. 1713; registration agents to file lists with clerk, secs. 1734, 1735; to furnish secretary of state certified copy of registration list, sec. 1735; to publish notice of primary election, sec. 1739; primary nomination papers to be filed with clerk, sec. 1741; notice of election (primary and general), to give, secs. 1770, 1880; constitutional amendments, sees. 1842, 1879; certain fees to pay treasurer, sec. 1743; publish list of candidates (primary), sec. 1745; to provide ballots for primary, secs. 1747, 1748; prepare statement of result of primary, forward to secretary of state, sec. 1757; to furnish poll books and supplies, sec. 1769; to make abstract of vote, furnish copy to secretary of state, sees. 1797, 1799, 1881; election contests, secs. 1805-1811, 1818-1820; furnish election laws to election officers, sec. 1832; certificates of nomination, to file, secs. 1837, 1839; supervise printing of ballots, sec. 1840; publish list of nominations, see. 1841; to provide printed ballots, sees. 1843-1847, 1868, 1885, 1897; furnish election officers with ballots, sec. 1848, sample ballots, sec. 1857; custody of ballots, sec. 1795. An Act relating to the duties of county clerks regarding claims against a county. 1613. To administer oaths. Approved March 1, 1883, 92 SECTION 1. The county clerks of the several counties of this state are hereby authorized and directed, when required to administer to the claimant of any demand against the county, the necessary oath, and properly certify to the same without any fee or charge therefor. An Act authorizing the county clerks, as ex officio clerks of the courts of record, to retain for their own use the fees and compensation for services performed by authority of any act of Congress relating to location of government lands. Approved March 20, 1901, 91 1614. Certain fees to be retained. SECTION 1. The several county clerks of the State of Nevada, who are ex officio clerks of the courts of record, and who are or may be authorized and empowered by any act of Congress to take and certify affidavits, applications and proofs for or relating to the location of the public lands of the United States, are hereby authorized to retain for their own use the fees and compensations allowed for such services. PUBLIC ADMINISTRATORS An Act relating to the office of public administrators, and prescribing their duties. SECTION 1. There shall be elected in each organized county in this state, at the general election A. D. eighteen hundred and eighty-four, and at the general election every two years thereafter, a public administrator, who shall be ex officio coroner in and for his county. Portion of section relative to ex officio coroner superseded by sec. 7542. 1616. Oath and bond-When to qualify. SEC. 2. Every public administrator, elected at the last general election, and who shall hereafter be elected, shall take the constitutional official oath, and give such official bond as shall be in amount required and fixed by the board of county commissioners of his county, by an order duly entered in the minutes of such board, to be conditioned, secured, approved, filed, and recorded as the bonds of other county officers are, or may be required by law to be, and shall be so conditioned as to hold the principal and sureties liable for any breach thereof made, while acting, or illegally refusing to act, in either official capacity. The official oath shall be for the faithful performance of the duties of both offices, and shall be taken and subscribed upon both the certificate of election (or appointment, if appointed to fill a vacancy, as hereinafter provided) and the official bond; and that upon the bond shall be recorded with it; provided, the official bond of no public administrator shall be less than two thousand dollars; and, provided further, that the county commissioners may, upon reasonable cause therefor shown, require at any time a new bond, or an additional bond, to be given upon ten days' notice in writing; and if not so given, shall thereupon declare the office vacant, and fill the vacancy by appointment for the remainder of the term; and shall, in like manner, fill a vacancy in said office arising from any other cause. Any person appointed to the office of public administrator, shall within ten days thereafter, qualify in the same manner as if elected thereto. Every person elected to fill said office shall qualify as in this section required, on or before the first Monday of January next after his election, and shall on that day enter upon the discharge of his official duties. Cited, State v. Borowsky, 11 Nev. 126. 1617. Duties and compensation. SEC. 3. The public administrator of each county shall have the right, and it is hereby made his duty to administer, according to law, upon the estate of any person, who died intestate in, or was at the time of his or her death, a resident of the county, or had assets therein, not administered on in some other county, or of a deceased stranger, or of a deceased testate, when no executor is appointed, or if appointed fails to qualify, unless administered upon within one month after the death of the testate, or within the time provided by law for an intestate, or by a relative by blood or marriage within the fourth degree of consanguinity or legal relation. For such administration he shall be paid as other administrators or executors are paid. Act in relation to estates of deceased persons, see secs. 5357–6147. 1618. To report to district judge. SEC. 4. Each public administrator shall on the first Monday in January and July, in each year, and at the termination of his official duties, make a verified written report to the district judge having jurisdiction in the premises, of all estates of deceased persons which have officially passed into his hands, the value of the same, the expenses, if any, paid thereon, and the balance of property, effects, or money, if any, remaining in his hands, and the judge to whom such report is made shall cause it to be made public, by publication or posting, as he may deem just and right. Cited, State v. Borowsky, 11 Nev. 286. 1619. Final settlement-To pay over funds-Escheats. SEC. 5. Each executor, administrator and public administrator, on final settlement of an estate and proper order of the court having jurisdiction in the matter thereof, or before final settlement, upon the regular order of the court aforesaid, shall pay over all moneys of such estate to the lawful heirs or legatees, or devisees, thereof, and if there be none of either, then to the county treasurer, and the county treasurer shall pay the same to the state treasurer, and if the same escheat to the state, the state treasurer shall place the same in the fund devoted and pledged to educational purposes. See sec. 1625. 1620. Not to be interested in expenditures. SEC. 6. No public administrator shall be interested in anywise in any expenditures of any kind, made on account of any estate of a deceased person upon which he is administering, save as necessarily made in the due course of such administration, nor shall he be associated in business with any one so interested, and he shall state in his semiannual reports that he has not been so interested or associated. proper recipient, all funds received and held by him in his official capacity and a refusal to do so, on proper demand, is a violation of his official duty. State v. Borowsky, 11 Above sections quoted, State v. Borowsky, 11 Nev. 125. It is a "misdemeanor in office" for a public administrator to embezzle money received ex officio after his term of office has expired. It is the official duty of every public officer at or after the expiration of his term of office, to turn over to his successor or other Nev. 119. 1621. Wilful misdemeanor, penalty for. SEC. 7. For any wilful misdemeanor in office any public administrator may be indicted, tried, and if found guilty, fined in any sum not exceeding two thousand dollars and removed from office; but such fine and removal shall not bar any existing right of civil action upon his official bond. 1622. Civil officers and other persons to furnish information—May institute suits. SEC. 8. It shall be the duty of all persons, especially of all civil officers, to give all information in their possession to public administrators respecting estates and the property and condition thereof, upon which no other person has then administered. Public administrators may, and it is hereby made their official duty to, institute, maintain and prosecute all necessary actions at law and in equity, for the recovery and for the protection of the property, debts, papers, or other estate of any deceased person upon whose estate they may be administering. 1623. How governed. SEC. 9. Except as in this act otherwise provided, public administrators, in administering upon estates, shall be governed by the same rules and laws by which other administrators or executors are. [Sec. 10 superseded, seo. 7542.] Entitled to letters of administration in what rank, sec. 5894. 1624. To qualify. SEC. 11. Each and every public administrator in this state who was elected at the last general election, who has not already qualified, shall qualify as provided in this act within thirty days after its approval, and shall be governed and controlled in his office by the provisions of this act, and shall be ex officio coroner in and for his county. They shall immediately, after so qualifying, enter upon the discharge of their official duties, and shall continue in office until the first Monday in January, eighteen hundred and eighty-five (A. D. 1885), and thereafter until their successors shall have been duly elected and qualified. 1625. Money paid to state, how recovered-Escheats. SEC. 12. Any money paid into the state treasury under the provisions of this act, excepting from an escheated estate, may be recovered by the rightful heirs or legatees thereof in the following manner, viz: Such heir or heirs, legatee or legatees, may present their claim therefor to the district court which had jurisdiction of the final settlement of the estates to which such money belonged, and make proof of the validity of such claim, after notice given to the attorney-general of the state, to the satisfaction of such court, under such rules as it may prescribe. If satisfied on the hearing that such claimant or claimants are rightfully entitled to the same, the court shall enter a decree that such money be paid to him or them. Such decree shall then be certified to the state board of examiners, stating the amount thereby found to be due, and the said board shall allow the same, certify it to the controller, who shall draw his warrant therefor on the treasurer, and who shall pay the same; provided, no proceedings shall be maintained under the provisions of this section of this act unless commenced within six years next after the final settlement of the estate to which they relate; and provided further, that all costs of such proceeding shall be paid by the applicant or applicants. If not applied for within six years, as above provided, or if applied for and not obtained, such moneys shall then be placed in the irreducible school fund of this state. 1626. When to make application for letters. SEC. 13. Public administrators are authorized to administer on the estate of any deceased person in any case where by law he is entitled to administer by virtue of his office and shall be required to make formal application for letters of administration, as in the case of administrators, but he shall not be required to file or have approved any bond, except as such public administrator, in any case; provided, that the bond of any public administrator may be increased as provided in this or other acts. See sec. 5894. 1627. Books, papers, to be turned over. SEC. 14. Public administrators shall, at the expiration of their terms of office, surrender up to their successors in office all the books or papers belonging or appertaining to said office, including all exhibits, estates, money and property in their possession. RECORDERS An Act concerning county recorders, and defining their duties. Approved March 9, 1865, 351 1628. To take oath and file bond. 1629. May take acknowledgments. 1628. To file oath and bond. 1630. May appoint deputy. 1631. Powers of deputy. 1632. May require fees in advance. SECTION 1. Each of the county recorders of the several counties of this state, before entering upon the duties of their office, shall take the constitutional oath of office, and shall enter into bonds in the penal sum of not less than five nor more than fifty thousand dollars, at the discretion of the county commissioners of the respective counties, with two or more sureties, to be approved by the district judge, conditioned for the faithful performance of their duties as recorders. Duty to record contracts of apprenticeship, sec. 489. Duty to discharge mortgages and liens of record, secs. 1049–1051. Bonding companies to file articles of incorporation with, sec. 1247. Duty to report unsatisfied mortgages to board of equalization, sec. 3638. Duty to record certificates and deeds of property sold to county for delinquent taxes without fee, sec. 3669. Duty to impose oath as to taxes paid before satisfying mortgage of record, sec. 3755. Certificates of physicians, duty to record, sec. 2369. Mining locations, mill sites, tunnel sites, annual labor, duty to record, sees. 2424, 2431, 2435, 2438, 2442, 2446, 2448, 2451, 2463, 2469–2473. Notary public, termination of office, duty to demand records of, sec. 2757. Ditch claim, certificate of, to record, sec. 4712. Mining, grubstake contracts, duty to record, sec. 2475. Marriages, duty to record, secs. 2344-2346. Estrays, duty to keep book and record of, secs. 2275, 2282. Marks and brands, duty to keep record of, secs. 2234, 2235, 2236, 2244, 2248. Liens, book of, duty to keep, sec. 2219. Separate property of wife, inventory of, to record, sees. 2157, 2159. Franchises, acceptances of to be filed with, sec. 2139. Fees of, in counties of less than 800, sec. 1996, more than 800, sec. 2008, other sections relating to fees, 2019-2021, 2025, 2046. Custodian of ballots, may be, see. 1795. 1629. May take acknowledgments. SEC. 2. The county recorder of the several counties within this state, are hereby empowered to take and certify the acknowledgment and proof of all conveyances affecting any real estate, or of any other written instrument, for which he shall receive the same fees as are now prescribed by law. As amended, Stats. 1871, 107. County recorders are authorized to administer the oath and certify to the verification required by law in filing mechanic's liens. Arrington v. Wittenberg, 12 Nev. 99, 100. 1630. May appoint deputy. See also, State ex rel. Ford v. Hoover, 5 Nev. 141. Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 60,5 L. R. A. (N. S.) 545, 124 A. S. 883, 84 P. 1061. SEC. 3. The recorder of each county may appoint a deputy, who shall hold his office during the pleasure of the recorder; such appointment shall be in writing, and filed and recorded in the office of the recorder. And the recorder so appointing him, and his sureties, shall be responsible for the faithful performance of his duties as such deputy. See sec. 2848. 1631. Powers of deputy. SEC. 4. In case of a vacancy in the office of recorder, or his absence or |