which shall expire whenever the governor and senate, or the legislature, shall appoint a person or persons to fill said offices.

2811. Governor to apprise legislature of appointments.

SEC. 47. It shall be the duty of the governor to lay before the legislature, at the earliest day practicable, a statement of all appointments made by him since the preceding session to fill vacancies.

2812. Vacancies, state and judicial officers, filled by governor-Term.

SEC. 48. Whenever any vacancy shall occur in the office of justice of the supreme court or district judge, or any state officer, the governor shall fill the same by granting a commission, which shall expire at the next general election by the people and upon the qualification of his successor, at which election such officers shall be chosen for the balance of the unexpired term. 2813. Vacancies in county or township offices, how filled.

SEC. 49. When any vacancy shall exist or occur in the office of county clerk, or any other county or township office, except the office of district judge, the board of county commissioners shall appoint some suitable person to fill such vacancy until the next general election.

The provision of the act of 1865, 286, that a vacancy in the office of district attorney shall be filled by appointment for the "bai

ance of the unexpired term," was repealed by this section. State v. Wells, 8 Nev. 105, 109.

The subject-matter of sections 50 to 57, inclusive, relating to bribery, embezzlement and other misconduct of officers, is covered by the act concerning crimes and punishments, and such sections are therefore omitted.

2814. Inspector or clerk of election-Trying to control vote-Penalty.

SEC. 58. If any inspector or clerk of an election, while acting as such. shall induce, or attempt to induce, any elector, either by menace or reward, or promise thereof, to vote differently from what such elector shall intend or desire to vote, such officer so offending shall, upon conviction thereof, be fined in any sum not less than fifty nor more than five hundred dollars.

2815. Wilful neglect or corrupt conduct by officer.

SEC. 59. If the secretary of state, or any inspector, clerk of any election, register, or any other officer, on whom any duty is enjoined by this act, shall be guilty of any wilful neglect of such duty, or of any fraudulent or corrupt conduct in the execution of any such duty, he or they so offending shall, on conviction thereof, be fined in any sum not exceeding two thousand dollars, to which may be added imprisonment in the county jail not exceeding one

year.

2816. Duty of secretary of state upon failure to receive election returnsEvidence of failure.

SEC. 60. It is hereby made the duty of the secretary of state, after the expiration of thirty days from and after each election of governor, lieutenantgovernor, representatives in Congress, and state and county officers, to certify to the proper district attorneys any and all failures and omissions of the boards of county commissioners, and their clerks and other officers, in their respective counties, to comply with the provisions of this act, in returning, or certifying the returns or certificates of any such election, to the office of the secretary of state, and every such certificate of the secretary of state, sealed with the state seal shall be sufficient presumptive evidence of any such failure or omission herein specified.

2817. Stealing, altering or defacing records.

SEC. 61. If any judge, justice of the peace, sheriff, public administrator, clerk, recorder, or any other public officer, or any other person whatsoever,

shall steal, embezzle, corrupt, alter, withdraw, falsify, or avoid any record, process, charter, gift, grant, conveyance, bond, or contract, or shall, knowingly or wilfully, take off, discharge, or conceal any issue, forfeited recognizance, or other forfeiture, or shall forge, deface, or falsify any document or instrument recorded, or any registered acknowledgment or certificate, or shall alter, deface, or falsify any minute, document, book, or any proceedings whatever, of, or belonging to any public office within this state, the person so offending, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term of not less than one nor more than eleven years, and fined in any sum not exceeding five thousand dollars.

See secs. 6344-6349.

2818. Inhumanity to prisoners.

SEC. 62. Every sheriff, or jailer, or person who shall be guilty of wilful inhumanity or oppression to any prisoner under his care or custody, shall be fined in any sum not exceeding two thousand dollars, and be removed from office.

2819. Refusing to deliver records-Applies to any person.

SEC. 63. If any officer, whose office shall be abolished by law, or who, after the expiration of the term for which he may be appointed or elected, or after he shall have resigned, or when legally removed from office, shall wilfully or unlawfully withhold or detain from his successor, or other person entitled thereto by law, the records, papers, documents, or other writing appertaining or belonging to his office, or mutilate, destroy, or take away the same, the person so offending shall, on conviction thereof, be punished by imprisonment in the state prison for a term of not less than one nor more than eleven years. The provisions of this section shall apply to any person or persons who have such records, documents, papers, or other writings in his, her, or their possession, and shall wilfully mutilate, withhold, or detain the same, as aforesaid.

The subject-matter of sections 64 to 66, inclusive, is covered by the act concerning crimes and punishments, and such sections are therefore omitted.

2820. Officer refusing to receive or arrest.

SEC. 67. If any sheriff, public administrator, keeper of a jail, constable, or other officer, shall wilfully refuse to receive or arrest any person charged with criminal offense, such sheriff, public administrator, jailer, constable, or other officer, so offending, shall, on conviction thereof, be fined in any sum not less than one thousand nor exceeding five thousand dollars, or imprisonment in the state prison not exceeding five years, and removed from office.

See secs. 6360-6361.

2821. Purchasing judgment, when misdemeanor.

SEC. 68. If any justice of the peace or constable of the same precinct shall, directly or indirectly, purchase any judgment, or any part thereof, on the docket of such justice, or any docket in his possession, he shall, upon conviction thereof, be fined for each and every offense so convicted of, in any sum not less than one hundred nor more than one thousand dollars. 2822. Granting authority to discharge duties of office-Penalty.

SEC. 69. Every person holding or exercising any office under the laws or constitution of this state, who shall, for any reward or gratuity paid, or agreed to be paid, grant to another the right or authority to discharge any of the duties of such office (except his lawful deputies), shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding five thousand dollars, and shall be removed from office; and every such person who shall so give, or make any such agreement to give, any

reward or gratuity in consideration of such grant or authority, shall, upon conviction thereof, be fined in any sum not less than five hundred nor exceeding five thousand dollars.

See secs. 6317, 6331.

2823. Officers not preventing duel.

SEC. 70. If any judge, justice of the peace, sheriff, or other officer bound to preserve the public peace, shall have knowledge of an intention, on the part of any two persons, to fight with a deadly weapon or weapons, and such officer shall not use and exert his official authority to arrest the parties and prevent the deed, every such officer shall be fined in a sum not exceeding one thousand dollars.

See secs. 6422 6426.

2824. Purchasing warrants and scrip-Certain officers forbidden toPenalty.

SEC. 71. The state treasurer and controller, the several county, city, or town corporation officers of this state, are hereby expressly prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever, any state, county, or city warrants, scrip, orders, demands, claim or claims, or other evidences of indebtedness against the state, or any county, city, or town thereof; and any such officer, for each and every offense so convicted of, shall be punished by fine not less than five hundred nor more than one thousand dollars, and shall be imprisoned in the state prison for a term not less than two months nor more than two years; such conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit, or trust in this state. [Any person giving information which shall lead to the conviction of any person, under the provisions of this section, shall be entitled to receive one-half of the fine adjudged against and collected from such officer.] Portion in brackets unconstitutional, see sec. 355.

2825. Purchasing evidence of indebtedness-Certain officers forbidden toPenalty.

SEC. 72. The state treasurer and controller, all county, city, or town corporation officers, are prohibited from purchasing or being interested, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person, or by agent, or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand, or other evidence of indebtedness against the state, county, city or town corporation thereof, either directly or indirectly; nor shall any clerk or employee of any such officer or officers, nor the commissioners employed, or to be employed, to fund any county, city, or town corporation indebtedness, be allowed to make any such purchase, sale, or transfer, or to receive any agency from other parties to purchase, sell, transfer, or bargain, in any manner, for any state, county, city, or town corporation warrants, scrip, demands, or other evidence of indebtedness, against the state, or any county, city, or town corporation thereof. Any person guilty, and convicted of a violation of any of the provisions of this section, shall be punished for each and every offense so convicted of, as provided in the foregoing section.

[Sec. 73 unconstitutional under the provisions of sec. 355, and therefore omitted.] 2826. Idem-Provisions of foregoing sections, how construed.

SEC. 74. The provisions of said sections shall not be construed so as to prohibit any state officer from purchasing or selling county or city warrants,

or any county or city officer from purchasing the warrants of the state or of any other city or county, or to prevent any state, county, or city officer from selling or transferring such warrants or scrip as he may receive for his services, but none other.

2827. Unlawful for officer to have interest in contract.

SEC. 75. It shall not be lawful for any officer of state, or member of the legislature, alderman, or member of the common council of any city in this state, or for the trustees of any city, town, or village, or for any county commissioners of any county, to become a contractor under any contract or order for supplies, or any other kind of contract authorized by or for the state, or any department thereof, or the legislature, or either branch thereof, or by or for the aldermen or common council, board of trustees, or board of county commissioners of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.

See sec. 6331.

2828. Idem-In purchase or sale.

SEC. 76. It shall not be lawful for any town, city, county, or state officer, or member of the legislature, to be interested in any contract made by such officer, or legislature of which he is a member, or be a purchaser, or be interested in any purchase of a sale made by such officer in the discharge of his official duties.

See sec. 6331.

2829. Idem-Contracts may be declared void.

SEC. 77. All contracts made in violation of the provisions of the two preceding sections (or either of them) of this act, may be declared void, at the instance of the state, city, town, or village, or county interested, or of any other party interested in such contract, except the officers prohibited in said sections from making or being interested in such contract.

2830. Idem-Fine and forfeiture of office.

SEC. 78. Any person violating the provisions of sections 75 and 76 (or either of them) of this act, directly or indirectly, shall forfeit his office, and shall be punished by fine, not less than five hundred nor more than five thousand dollars, or by imprisonment.

See sec. 6331.

[Sec. 79, relating to the enforcement of sec. 6439, is covered by act concerning crimes and punishments, and is therefore omitted.]

2831. Governor required to offer reward in certain cases.

SEC. 80. If any person who has been sentenced to confinement in the state prison, by any court having competent authority within this state, shall escape therefrom, or shall be charged with murder, or the perpetration of any crime punishable with death, the governor is authorized and required, upon satisfactory evidence of the guilt of the accused, to offer a reward for his apprehension, which reward shall not exceed the sum of five thousand dollars, and shall be paid out of the general fund.

See secs. 3905-3907.

[Sec. 81, being covered by provisions of the act concerning crimes and punishments, secs. 6396-6397, is therefore omitted.]

2832. Mayor may order police force.

SEC. 82. The mayor or other officer having the direction of the police in a city, town, or village, shall order a force sufficient to keep the peace, to attend any public meeting, when he is satisfied that a breach of the peace is to be apprehended.

2833. Officer may command assistance when resistance is apprehended. SEC. 83. When a sheriff, or other public officer authorized to execute process, shall find, or have reason to apprehend, that resistance will be made to the execution of his process, he may command as many male inhabitants of his county, as he may think proper, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the resisters and their aiders and abettors, to be punished according to law.

See sec. 6956.

2834. To certify to court the names of resisters-Punished for contempt. SEC. 84. The officer shall certify to the court from which the process issued, the names of the resisters and their aiders and abettors, to the end that they be proceeded against for their contempt of court.

[Sec. 85 is covered by sec. 6361, and is therefore omitted.]

2835. Governor may order military force.

SEC. 86. If it appear to the governor that the power of any county is not sufficient to enable the sheriff to execute process delivered to him, he shall, on the application of the sheriff, order such military force from any other county or counties as shall be necessary.

See secs. 3982, 4058.

2836. Riotous assemblage-Command to disperse.

SEC. 87. When six or more persons, whether armed or not, shall be unlawfully or riotously assembled in any city or town, the sheriff of the county and his deputies, the mayor and aldermen of the city, or the constable of the town, and the justices of the peace, shall go among the persons so assembled, or as near as possible, and shall command them, in the name of the people of the United States and the State of Nevada, immediately to disperse.

See secs. 6593 6596.

2837. Idem-Arrest-Power of county.

SEC. 88. If the persons assembled do not immediately disperse, the magistrates and officers shall arrest them, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county.

[Sec. 89 is covered by sec. 6361, and therefore omitted.]

2838. Refusing to use authority to suppress riot-Penalty.

SEC. 90. If a magistrate or officer, having notice of an unlawful or riotous assembly, as provided in section 87, neglect or refuse to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he shall be deemed guilty of a misdemeanor, and shall be punished accordingly.

[Sec. 91 is covered by sec. 6361, and is therefore omitted.]

2839. Armed force to obey orders-Who may give.

SEC. 92. When an armed force is called out, for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, it shall obey such orders in relation thereto as may have been made by the governor, or by a judge of a court of record, or the sheriff of the county, or by a magistrate, or any other officer authorized by law to make such order.

See secs. 3982, 4058.