inability to perform the duties of his office, the deputy shall perform the duties of recorder during the continuance of such vacancy, absence, or inability. May have leave of absence, secs. 1566–1568. 1632. May require fees in advance. SEC. 5. The recorder shall not be bound to record any instrument, or file any paper or notice, or to furnish any copies, or to render any service connected with his office, until his fees for the same, as prescribed by law, are paid or tendered. Incoming recorder has a right to record instruments left unrecorded by his predeces sor. The necessity being imposed on the incoming recorder to record the deeds left unrecorded by his predecessor, and that recording inuring to the benefit of his predecessor, the law raises an implied request on the part of the outgoing recorder to perform the labor and an implied promise on his part to pay for the same. Davis v. Thompson, 1 Nev. 17. An Act relating to the duties of county recorders in certain counties. Approved February 20, 1864, 151 1633. When county is attached to or divided, recorder to keep separate books. SECTION 1. From and after the first day of March, eighteen hundred and sixty-four, it shall be the duty of the county recorder, to which any other county is attached for legislative, judicial, or other purposes, to keep a separate book or books for the recording of all papers relating to property or other matters connected with said county and entitled to record, which book or books shall, upon the separate organization of the county attached, become the property of said county; provided, that in case of any alterations, in the boundary lines between the two counties by the act authorizing a separation of the counties, for the purposes for which they were attached, the acting recorder of the county in which the records have been kept, shall be entitled to keep possession of the book or books in which such records are kept for a sufficient length of time, not exceeding sixty days, for the purpose of copying any papers which, owing to the change of boundary lines, may become necessary to be recorded in his county. 1634. Transfer of records-Fee for transcript of records. SEC. 2. Whenever it shall become necessary, owing to any change in boundaries, contemplated in section 1 of this act, to have any transfer of records from the records of the county so separating to those of the other, it shall be the duty of the county recorder, in which such records have been kept, to make such transfer, for which service he shall be entitled to receive from the county treasurer a sum of money not exceeding forty per cent of the fees as established by law at the time for making the original records; provided, that he shall receive no pay for transcribing any records which the county commissioners shall decide unnecessary to be made. An Act concerning records now in the custody of county recorders of this state. Approved February 20, 1873, 63 1635. Records to impart notice. SECTION 1. All instruments of writing relating to mining claims now copied into books, of mining or other records, now in the office of the county recorders of the several counties of this state, shall, after the passage of this act, be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of the contents thereof; provided, that nothing herein contained shall be construed to affect any rights heretofore acquired or vested. 1636. Copies may be read in evidence. SEC. 2. Copies of the records of all such instruments mentioned in section 1 of this act, duly certified by the recorder in whose custody such records are, may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law, for using copies of instruments relating to mining claims or real estate, duly executed or acknowledged, or proved and recorded. Cited, State ex rel. N. T. G. & S. Co. v. Grimes, 29 Nev. 58. An Act requiring county and district recorders to enter in a receiving book, each document, instrument, or paper filed in his office, and providing for a file number to be placed on official records. Approved March 13, 1905, 221 1637. To keep receiving book. SECTION 1. It shall be the duty of the county and district recorders in each county to enter each document, instrument, or paper filed in his office in a book to be known as the receiving book, in the order in which it is filed, and shall give to each document, instrument, or paper thus filed its proper number in the order of filing and shall write opposite the title, name or designation of such filing in said book the date of filing, the file number so given to it, and the amount of fees collected for the recording or filing of the same, as the case may be, and upon request shall issue his receipt for said fee, with the file number placed thereon, and said receiving book, when so kept, shall be the fee book of such recorder for the matters herein mentioned, and shall be open to the inspection of any one desiring so to do. The file number of each document, instrument or paper, as herein before mentioned, shall be placed on such document, instrument or paper at the time of filing, and on the official record when and where the same shall be recorded. Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 58. 1638. Violation, misdemeanor. SEC. 2. Any officer who shall wilfully violate any of the provisions of this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars. An Act for the purchase and preservation of public newspapers printed and published in the several counties in this state. Approved February 1, 1865, 127 1639. Recorders to subscribe for newspapers. 1641. Subscription, how paid. 1640. Idem-Copies to be preserved. 1642. Penalty for abstracting or destroying papers. 1639. Recorder to subscribe for newspapers. SECTION 1. The recorders of the several counties of this state are hereby authorized and required to subscribe for such newspapers, at least one and not more than three, printed and published in their respective counties, as the board of commissioners therein may select and determine. Amended, Stats. 1895, 107; amending act declared unconstitutional. This section, in so far as it attempts to regulate the matter of legal advertising and printing, is in conflict with the provisions of art. 4, sec. 17, of the constitution (sec. 275, 1640. Idem-Copies to be preserved. supra). State ex rel. Norcross v. Co. Comrs. of Washoe Co., 22 Nev. 399 (11 P. 145). Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 58. SEC. 2. It shall be the duty of each county recorder to receive and pre serve every copy of the paper or papers so subscribed for, and from time to time to cause the same to be properly arranged and bound in volumes of convenient size in a substantial manner, and said volumes when bound shall be kept in his office for the use of the courts when needed, of strangers, and the inhabitants of the county, all of whom shall have access to the same at all times during office hours, free of charge. For his service in this behalf the recorder shall receive the sum of ten dollars for each volume, and for neglect of the duties hereby imposed shall forfeit the sum of fifty dollars, to be recovered, with costs, in a civil action before any court, one-half of which shall be paid into the county school fund, and the other half to the person who shall prosecute such action to successful termination. 1641. Subscription, how paid. SEC. 3. The subscription price of such paper or papers, the binding of the several volumes thereof, and the recorder's compensation for the care and preservation of the same shall be paid out of the general fund of the county, in the same manner that other charges are audited and allowed from such fund by the respective boards of county commissioners; provided, that in any county in this state in which the county recorder is compensated by a salary, said recorder shall receive for such services no compensation additional to that of his salary, and the expense of procuring and filing such newspapers shall be paid as stationery and books for the office of said recorder are now paid for. 1642. Penalty for abstracting or destroying papers. SEC. 4. Any person who shall wilfully abstract, destroy, mutilate, or deface any number or volume of such newspaper purchased in pursuance of this act, shall be deemed guilty of a misdemeanor, and shall be fined in a sum not exceeding five hundred dollars, or imprisoned in the county jail not more than six months, or both such fine and imprisonment, in the discretion of the court; provided, that one-half such fine shall be paid into the school fund of the county wherein such offender may be convicted, and the other half to the person who shall make the complaint. SECTION 1. That there shall be elected at the annual election, in each county in this state, a sheriff, who shall hold his office for two years, and until his successor is elected and qualified; provided, the sheriff elected at the special election of January next, shall hold his office until the first general election, and until his successor is qualified. 1644. Oath of office and bond. SEC. 2. Before entering upon the discharge of his duties, each sheriff shall take an oath of office, and give a bond to his county, in the penal sum of not less than ten nor more than fifty thousand dollars, with two or more sureties, 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 eapacity 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). |