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Compensation of elec.

made.

For what causes.

For malcon. duct of

Election, five dollars per diem, and to the person carrying the tion officers poll books from the place of election to the Clerk's office, and to

the Clerk of the Board of County Commissioners, for attending at another county to canvass votes, the sum of thirty cents per mile for going and returning, to be paid out of the county

treasury. Contesting 1560. Sec. 37. Any elector, of the proper county, may election.

contest the right of any person declared duly elected to an office By whom exercised in and for such county; and, also, any elector of a

township may contest the right of any person declared duly elected to any office in and for such township, for any of the following causes : First-For malconduct on the part of the Board of Inspectors, or any member thereof. Second— When the person whose right to the office is contested was not at the time of election eligible to such office.

1561. Sec. 38. When any election, held for an office exerInspectors.

cised in and for a county, is contested on account of any malconduct on the part of the Board of Inspectors of any precinct, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct shall change the result as to such office in the remaining vote of the county.

1562. Sec. 39. When any elector shall choose to contest the right of any person declared duly elected to such office, he shall, within forty days thereafter, file with the Clerk of the district court a written statement, setting forth, specifically : First--- The name of the party contesting such election, and that he is a qualified elector of the district, county, or precinct (as the case may be), in which such election was held. SecondThe name of the person whose right to the office is contested. Third-The office. Fourth--The particular cause or causes of such contest. Said statement shall be verified by the affidavit of the contesting party that the matters and things therein con

tained are true, to the best of his knowledge and belief. Proceedings 1563. Sec. 40. When the reception of illegal votes is alleged for illegal

as a cause of contest, it shall be sufficient to state generally that illegal votes were given to the person whose election is contested in the specified precinct or precincts, which, if taken from him, will reduce the number of his legal votes below the number of legal votes given to some other person for the same office; but no testimony shall be received of illegal votes unless the party contesting such election shall deliver to the opposite party, at least three days before such trial, a written list of the number of illegal votes, and by whom given, which he intends to prove on such trial ; and no testimony shall be received of

Statement to be filed

when contest

votes.

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not to be

.

eletion.

1564. Sec. 41. No statement of the cause of contest shall Statement be rejected, nor the proceedings thereon dismissed, by any court

rejected or before which such contest may be brought for trial, for want proceedings of form, if the particular cause or causes of contest shall be want of form! alleged with such certainty as will sufficiently advise the defendant of the particular proceedings or cause for which such election is contested.

1565. Sec. 42. Upon such statement being filed, it shall Time and be the duty of the Clerk of the district court to inform the Judge hearing conthereof, who shall fix the time and place to hear and determine test, how such contested election; and the Clerk shall give notice thereof, not less than ten mor more than twenty days from the date of such notice, to the parties contesting, which said notice shall be served by the Sheriff of the county upon the respective parties, as in other cases.

1566. SEC. 43. The said Clerk shall issue subpenas and Witnesses. subpenas duces tecum, as in civil actions at law, for witnesses in such contested election, at the request of either party, which shall be served by the Sheriff as other subpænas ; and the district court shall have full power to issue attachments to compel the attendance of witnesses who shall fail to attend, who shall have been duly subpænaed.

1567. Sec. 44. Upon the certified copy of a judgment of Certificate of the district court, or a certified copy of the judgment of the supreme court, as the case may be, the Clerk of the Board of County Commissioners shall issue a certificate to the person To whom declared to be entitled to such certificate of election.

1568. Sec. 45. The Clerk, Sheriff, and witnesses shall Fees of receive, respectively, the same fees from the party against whom

Clerk, Sheriff the judgment is given as are allowed for similar services in the district court.

1569. Sec. 46. Whenever an election shall be annulled Office, when and set aside by the judgment of the district court, and no vacant. appeal has been taken therefrom rithin thirty days, such certificate, if any has been issued, shall thereby be rendered void, and the office become vacant.

1370. Sec. 47. In case of any contest in regard to any contest of election to fill the office of District Judge, such contest shall be tried in like manner before the district court of the district Juolge. nearest adjoining thereto.

1571. Sec. 48. Any such action may be brought by the District AtDistrict Attorney, in the name of the State of Nevada, upon his own information, or upon the complaint of any private party, for unlaw. against any person who unlawfully holds any public office other holding within the state ; and it shall be the duty of the District Attorney to bring such action whenever he has reason to believe that any such office is unlawfully held or exercised by any person, or when he is directed so to do by the Governor.

1372. Sec. 49. Whenever such action is brought, the District Attorney, in addition to the statement and cause of action,

shall issue.

and witnesses

clection of District

torney may bring action

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When defend- may also set forth in the complaint the name of the person arrested and rightly entitled to the office or franchise, with a statement of his held to bail. right thereto; and in such case, upon proof by affidavit or other

wise, that the defendant has received fees or emoluments belonging to the office or franchise, by means of his usurpation thereof, an order may be granted by a Judge of the Supreme Court, or a District Judge, for the arrest of such defendant and holding him to bail; and thereupon he may be arrested and held to bail in the same manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where

the defendant is subject to arrest. Damages 1573. Sec. 50. If the judgment be rendered upon the recoverable.

right of the person so alleged to be entitled, in favor of such person,

he

may recover, by action, the dainages which he shall have sustained by reason of the usurpation of the office or franchise by the defendant.

1574. Sec. 51. When several persons claim to be entitled

or elected to the same office, one action may be brought by or against sev. against all such persons, in order to try their respective rights eral persons. to such office.

Garrard v. Gallagher, 11 Ver. 382.

One action may be brought

CONTEST FOR MEMBERS OF THE LEGISLATURE.

Proceedings on contest for Senator

man.

1573. Sec. 52. In case of contest for Senator or Assembly

man in any county or district of this state, the party contesting or Assembly. shall file a statement in the Clerk's office of the county or dis

trict in which such Senator or Assemblyman may be a resident, a concise statement of the grounds on which he intends to rely, which statement shall be verified by affidavit ; and it shall be the duty of the Clerk to issue a commission, directed to two Justices of the Peace of such county, to meet at such time and place as shall be specified in such commission, not less than twenty nor more than thirty days from the filing of such papers for the purpose of taking the deposition of such witnesses as the parties to such contest may wish to examine; and notice shall be served upon the person whose right to such office is contested, by the Sheriff of the county, the same as provided for

by law in like cases. Subpanu 1576. SEC. 53. Either of said Justices of the Peace shall

have power at any time to issue subpænas for witnesses, at request of either party, to be served by the Sheriff as other subpænas ; and such Justices, when they meet at the time and place appointed to take depositions, shall have the same power

and attachment may issue for wituesses.

[graphic]

State.

commission. how filled.

of the grounds of such contest, and the copy of the notice served Depositions upon the party whose right is contested, and the commission to be trans. issued to the Justices of the Peace, and transmit the same by Secretary of mail to the Secretary of State, indorsing thereon the names of the contesting parties, and the branch of the legislature before which such contest is to be tried.

1578. Sec. 55. If at any time either of the said Justices Vacancy in shall become unable to proceed in such examination, said Clerk may supply the vacancy by designating any other Justice of the Peace of the county in the place of said Justice.

1379. Sec. 56. It shall be the duty of the Secretary of Duty of State to deliver the same, unopened, to the presiding officer of Statetary of the house in which such contest is to be tried, on or before the second day after the organization. of the legislature next after taking such depositions; and such presiding officer shall immediately give notice to said house that said papers are in his possession.

1580. SEC. 57. At any time after notice of any contest when either shall be given, and before the trial of such contested election Party may before the proper branch of the legislature, it may be lawful for depositions. either party to such contest to take depositions, to be read on the trial thereof in like manner and under the same rules as are allowed and required in cases of depositions to be read on any trial pending in the district court; and such depositions, when thus taken, shall be sealed up by the officer taking the same and directed to the Secretary of State, who shall keep the same, unopened, and deliver them to the presiding officer of the house in which such contest is to be tried, to be disposed of by such officer as the depositions specified in the preceding section.

FOR CONTESTING THE ELECTION OF STATE OFFICERS.

1581. SEC. 58. Any qualified elector of the state may con- Who may test the election of any person declared duly elected to any state how. office within this stute by filing a specification of the grounds of such contest with the Clerk of the Supreme Court, which specification shall be verified by oath or affirmation, and it is hereby made the duty of the Attorney-General to prosecute such action in the name of the people of the state, before the supreme court, who shall have original jurisdiction in such cases; the Justices, or either of them, shall have power to issue such process as may be necessary to the complete hearing and final determination of such action.

1582. SEC. 59. If any person now holding or who shall Causes for hereafter hold any office in this state, who shall refuse or neglect froin office. to perform any official act in the manner and form as now prescribed by law, or who shall be guilty of any malpractice or malfeasance in office, shall be removed therefrom as herein prescribed

1583. Sec. 60. Whenever any complaint in writing, duly verified by the oath of any complainant, shall be presented to

Malpractice the district court, alleging that any officer within the jurisdicin office, pro- tion of said court has been guilty of charging and collecting any

illegal fees for services rendered or to be rendered in his office, or has refused or neglected to perform the official duties pertaining to his office as prescribed by law, or has been guilty of any malpractice or malfeasance in office, it shall be the duty of the court to cite the party charged to appear before him on a certain day, not more than ten nor less than five days from the time when said complaint shall be presented, and on that day, or some subsequent day not more than twenty days from that on which said complaint is presented, shall proceed to hear, in a summary manner, the complaint and evidence offered by the party complained of, and if, on such hearing, it shall appear that the charge or charges of said complaint are sustained, the court shall enter a decree that said party complained of shall be deprived of his office, and shall enter a judgment for five hundred dollars in favor of the complainant and such costs as

are allowed in civil cases. Copy of

1584. SEC. 61. It shall be the duty of the Clerk of the transmitted court in which such proceedings are had to transmit, within to Governor three days thereafter, to the Governor of the State, or Board of Commission. County Commissioners (as the case may be) of the proper

county, a copy of any decree or judgment declaring any officer deprived of any office under this Act; and it shall be the duty of the Governor or such Board of County Commissioners (as the case may be) to appoint some person to fill said office until a successor shall be selected or appointed and qualified ; and it shall be the duty of the person so appointed to give such bond and security as are prescribed by law and pertaining to such

office. On appeal, 1585. SEC. 62. In case judgment of the district court, as

herein provided, shall be against the officer complained of, and an appeal taken from the judgment so rendered, the officer so appealing shall not hold the office during the pending of such appeal; but such office shall be filled as in case of a vacancy.

decree to be

ers.

office to be filled.

BY CRIMINAL ACTION.

Proceedings 1586. SEC. 63. An accusation, in writing, against any on accusations against district, county, or township officer, for willful misconduct in district,

office, may be presented by the grand jury of the county, for county or township which such officer accused is elected or appointed, which accu

sation shall state the offense charged, and shall be delivered by the foreman of the grand jury to the District Attorney of the

officers.

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