of the District Attorney of the nearest adjoining district, and require him to conduct the proceedings. THIRD-BY IMPEACHMENT. Impeach SEC. 109. Any State officer, whose office is created by the Constitution, or State law, or any District Judge, shall be liable ment. to impeachment for any misconduct in office. SEC. 110. The Assembly shall have the sole power of im- power of impeaching, and the concurrence of the majority of all the mem- peachment. bers elected shall be necessary to an impeachment. SEC. 111. All impeachments shall be tried by the Senate; To be tried and, when sitting for that purpose, the Senators shall be upon by the oath or affirmation to do justice, according to law and the evidence. SEC. 112. When a civil officer of the State is impeached by the Assembly, for misconduct in office, the articles of impeachment shall be delivered to the President of the Senate. Senate. SEC. 113. The Senate shall assign a day for hearing the im- Hearing. peachment, and shall inform the Assembly thereof. The President of the Senate shall cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant, not less than ten days before the day fixed for the hearing. SEC. 114. The service must be upon the defendant person- Service on ally; or, if he cannot, upon diligent inquiry, be found within defendant. the State, the Senate, upon due proof of that fact, may order that publication be made, in such manner as they deem proper, of a notice requiring him to appear, at a specified time and place, and answer the articles of impeachment. SEC. 115. If the defendant do not appear, the Senate, upon Failure to proof of personal service, or publication, as provided in the last appear. two preceding sections, may, of their own motion, or for cause shown, assign another day for hearing the impeachment, or may then, or at any other time which they may appoint, proceed, in the absence of the defendant, to trial and judgment. SEC. 116. When the defendant appears, he must answer the articles of impeachment, which he may do either by objecting to the sufficiency of the same, or any article therein, or by denying the truth of the same. Answer. be in writing SEC. 117. If the defendant object to the sufficiency of the objection to impeachment, the objection must be in writing, but need not be in any specific form, it being sufficient if it present intelligibly the grounds of the objection. If he deny the truth of the impeachment, the denial may be oral, and without oath, and shall be entered upon the journal. sustained. SEC. 118. If an objection to the sufficiency of the impeach- Objections ment be not sustained by a majority of the Senators elected, not the defendant shall be ordered forthwith to answer the articles of impeachment. If he plead guilty, or refuse to plead, the Senate shall render judgment of conviction against him. If he deny the matter charged, the Senate shall, at such time as they may appoint, proceed to try the impeachment. The Chief Jus- Chief Justice tice of the Supreme Court shall preside over the Senate while to preside. sitting to try the Governor or Lieutenant-Governor upon im Oath to be administered to Senators." To proceed to try. Concurrence of two thirds required to convict. To pro nounce judgment. Judgment. What may be. Two thirds peachment, and in all other cases, the President of the Senate. SEC. 119. At the time and place appointed, and before the Senate proceed to act on the impeachment, the Secretary shall administer to the President of the Senate, or Chief Justice (as the case may be), and the President of the Senate, or Chief Justice, to each of the members of the Senate, then present, an oath or affirmation, truly and impartially to hear, try and determine the impeachment, and no member of the Senate shall act or vote on the impeachment, or any question arising thereon, without having first taken such oath or affirmation. SEC. 120. The oath or affirmation having been administered, the Senate shall proceed to try and determine the impeachment, and may adjourn the trial from time to time. SEC. 121. The defendant shall not be convicted, or impeached, without the concurrence of two thirds of the members elected; and if two thirds of the members elected do not concur in a conviction, he shall be declared acquitted. SEC. 122. After conviction, the Senate shall immediately, or at such other time as they shall appoint, pronounce judgment, which shall be, in the form of a resolution, entered upon the journals of the Senate. The vote upon the passage thereof shall be taken by yeas and nays, and shall in like manner be entered on the journal. SEC. 123. On the adoption of the resolution by two thirds of the members elected, the same shall be the judgment of the Senate. SEC. 124. The judgment may be that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office, or class of offices, or any office of honor, trust or profit under the Constitution and laws of this State. SEC. 125. If judgment of suspension be given on the votes Vote required of two thirds of the members elected to each branch of the to suspend. Legislature, the defendant shall, during the continuance thereof, be disqualified from receiving the salary, fees or emoluments of the office; and the Judge, District Attorney, or any State officer complained of, shall be served with a copy of the complaint against him, and shall have an opportunity of being heard in person or by counsel in his defense; provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal. Proviso. Office to be filled. SEC. 126. Whenever articles of impeachment shall be pretemporarily sented against the President of the Senate, such officer shall be temporarily suspended from his office, and shall not act in his official capacity until duly acquitted. Upon such suspension of any State officer, whose office is created by the Constitution or laws of this State, the Governor shall immediately take charge of his office, and such office shall at once be temporarily filled, by appointment by the Governor, until the acquittal of the party impeached, or, in case of his removal, then until the vacancy be filled as provided by law. Indictment not to be barred by impeach ment. SEC. 127. If the offense for which the defendant is impeached be the subject of indictment, the indictment shall not be barred by the impeachment. For any reasonable cause, to be entered upon the journals of each house, which may or may not be sufficient grounds for impeachment, the Chief Justice, and the Judges may Associate Justices of the Supreme Court, and Judges of the be removed District Courts, shall be removed from office. Of Penalties for Frauds upon the Ballot Box; Destroying, or attempting to Destroy, the Ballot Box; Illegal, or attempted Illegal, Voting; and Misconduct at Elections. FIRST-OF FRAUD UPON THE BALLOT BOX. from office. ballot box, etc. SEC. 128. Any person guilty of stuffing any ballot box, either stuffing by false bottoms, or in any manner whatever, before the votes are counted, or while being counted; and any Inspector who shall knowingly count or read off the votes falsely, shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned in the State Prison for each and every offense so convicted of, for a term of not less than five nor more than fifteen years. SECOND-OF BALLOT BOX DESTROYING OR ATTEMPTING TO DESTROY THE SAME. ballot box SEC. 129. If any person or persons, at any election held by Destroying virtue of any law of this State, shall, either by force, fraud, etc. stealth, or otherwise, destroy or attempt to destroy, obtain or attempt to obtain possession of any ballot box, or any ballot or ballots therein deposited, or any poll book, tally list, or other article or articles kept and used by the Inspectors and Clerks in conducting such election, while the voting at such election is going on, or during the day of election, or either before or after the ballots have been taken out of the box and counted by the Inspectors of Election, shall be deemed guilty of a felony, and shall, upon conviction thereof, be imprisoned in the State Prison for each and every offense so convicted of, for a term of not less than seven nor more than twenty-one years. THIRD-ILLEGAL OR ATTEMPTED ILLEGAL VOTING. name of an SEC. 130. Any person who shall vote, or attempt to vote, in Voting in the name of any other persons, other than his own, whose name other, etc. has been registered, and any person who causes, aids or abets any person so to vote, or attempt to so vote, shall, upon conviction thereof, be punished for each offense by imprisonment in the State Prison not less than one year nor more than seven years. M voting, etc. SEC. 131. If any person, not having the legal qualifications Fraudulent of a voter, shall fraudulently vote, or shall fraudulently attempt to vote, at any election, such person, on conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one, nor more than five years. Voting more SEC. 132. If any elector shall vote more than once at any than once, election, or shall knowingly hand in two or more tickets folded etc. together, or shall attempt to vote more than once at the same election, he shall, on conviction thereof, be punished by impris ing elector. onment in the State Prison for a term not less than one, nor more than five years. FOURTH-OF MISCONDUCT AT ELECTIONS. SEC. 133. If auy person shall, directly or indirectly, use any Intimidating or corrupt- threats, menace or force, or any corrupt means or device at, or previous to, or during any election held pursuant to this Act, toward any elector, to hinder or deter him from voting at such election, or shall attempt, by any means whatever, to awe, restrain, hinder or disturb any elector in the free exercise of the right of suffrage, he shall, upon conviction thereof, be fined in any sum not less than fifty nor exceeding one thousand dollars. Fa e to name on ticket. SEC. 134. If any person shall furnish any elector wishing to statement as vote at any election held pursuant to the provisions of this Act, who cannot read, with a ticket, such person informing or giving such elector to understand that it contains a name or names, written or printed thereon, different from the name or names which are written or printed thereon, such person shall, upon conviction thereof, be fined in any sum not less than fifty, nor more than one thousand, dollars. Causing an elector to vote for a diffierent person than SEC. 135. If any person shall defraud any elector at any such election, by deceiving and causing him to vote for a different person for any office than such elector desired or intended he intended. to vote for, or shall fraudulently attempt to deceive and cause such elector thus to vote for a different person, for any office, than he intended and desired to vote for, such person, upon conviction thereof, shall be fined in any sum not less than fifty, nor more than one thousand dollars. Neglect to book, etc. SEC. 136. If any person, after being deputed by the Inspecdeliver poll tors of Election to carry the poll book, tally list, and the ballots of such election to the Clerk of the Board of County Commissioners, shall fail, or neglect, to deliver such poll book, tally list and ballots to said Clerk, within the time prescribed by law, and safe, with seals unbroken or unopened, he shall, for every such offense, when convicted thereof, be imprisoned in the State Prison for not less than one year nor more than five years. False swearing. Violation of Act for which penalty is not SEC. 137. All willful, corrupt and false swearing, and affirming, before the Board of Inspectors, or any member thereof, or the Clerk thereof, while in session, or in holding an election, shall be deemed perjury, and on conviction shall be punished as such. If any member of any Board of Inspectors, or Clerks provisions of of Election, or any other person in any manner concerned in conducting an election, shall willfully and corruptly violate any of the provisions of this Act, the penalty for which is not prescribed. herein specifically prescribed, or be guilty of any fraud, deceit, or abuse, in the execution of the duties of his office, the penalty for which is not herein prescribed, he shall be punished for each and every offense whereof he shall be convicted, by imprisonment in the State Prison for a term not less than one, nor more than seven years, or shall pay a fine of not less than fifty, nor more than one thousand dollars, in the discretion of the Court. to Grand SEC. 138. It shall be the duty of the District Attorney of Violations to each District Court to present all violations of the provisions of be presented this Act, which may come to his knowledge, to the special con- Jury. sideration of the proper grand jury. SEC. 139. The Act entitled "An Act relating to elections, Acts and the mode of supplying vacancies," approved November repealed. twenty-ninth, one thousand eight hundred and sixty-one; the Act entitled "An Act to preserve the purity of elections, and to prevent ballot box stuffing," approved November twentyninth, one thousand eight hundred and sixty-one; the Act entitled "An Act to amend an Act entitled an Act relating to elections, and the mode of supplying vacancies, approved November twenty-ninth, one thousand eight hundred and sixty-one," approved December nineteenth, one thousand eight hundred and sixty-two; the Act entitled "An Act supplemental to and amendatory of an Act relating to elections, and the mode of supplying vacancies, approved November first, one thousand eight hundred and sixty-four," approved February twentieth, one thousand eight hundred and sixty-four; the Act entitled "An Act to prevent disloyal persons from voting," approved February twentieth, one thousand eight hundred and sixtyfour, and all other Acts, or parts of Acts, in conflict with this Act, are hereby repealed. CHAP. CVIII.—An Act relating to Officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty. [Approved March 9, 1866.] The People of the State of Nevada, represented in Senate and be elected. SECTION 1. There shall be elected the following officers, to what wit: First-A Governor and Lieutenant-Governor. Second-officers to Two United States Senators. Third-As many members of the House of Representatives of the United States as this State may be entitled to. Fourth-As many Presidential Electors as this State may be entitled to. Fifth-Three Justices of the Supreme Court. Sixth-One District Judge for each Judicial District into which the State is divided by law. Seventh -Senators and Members of the Assembly. Eighth-A Secretary of State, State Treasurer, State Controller, Attorney-General and Surveyor-General. Ninth-A Clerk of the Supreme Court. Tenth-A State Superintendent of Public Instruction. Eleventh-For each county, one County Clerk, who shall be ex officio Clerk of the Board of County Commissioners, and also Clerk of the District Court of his county; one Sheriff; one District Attorney; one Public Administrator, who shall be ex officio Coroner; one Assessor; one Treasurer; one County |