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otherwise. And whenever any township, in consequence of a part being taken to form a new township, or to be annexed to any other township, shall be deprived of its proper number of Justices of the Peace, the vacancy thus produced shall be supplied, as in other cases.

1656. Sec 21. When any Constable, by the formation of a new township, shall be brought within the limits thereof, he shall continue to act as Constable to such new township, and shall continue in office until the expiration of the term for which he was elected.

Same.

OATH AND BOND OF OFFICE.

Oath and bond.

Oath to be indorsed on

1637. SEC. 22. Members of the legislature, and all officers, executive, judicial and ministerial, shall, before entering upon the duties of their respective offices, provide the official bond required by law, when such bond shall be required, and take and subscribe to the official oath. All officers elected, except Senators and Representatives, shall qualify, and execute and deliver their official bonds (when required), as above provided, prior to the Tuesday after the first Monday, in January ensuing their election ; and all officers appointed to fill vacancies in the cases provided by law, shall qualify and give bond (when required), within thirty days from the time of their appointment. The term of office of all officers, elected or appointed, shall begin from the time of their qualification, unless some other express provision is made by law.

1658. SEC. 23. Said oath, except in cases specified in the commission.

next two sections, shall be indorsed on the commission or certificate of election of such officer, and signed by him, and certified by the officer before whom such oath or affirmation

shall have been taken. Members of

1659. Sec. 24. Members of the legislature shall take the legisla- and subscribe to the official oath before they assume their seats ture.

as such members, and an entry thereof shall be made on the

journal of the proper house. Oficial oaths 1660. Sec. 25. The Governor and Lieutenant-Governor

shall respectively take and subscribe to the official oath before and Lieuten. the Chief Justice or one of the Associate Justices of the Supreme unt-Governor

Court, on the first Monday of January next succeeding their scribed, etc. election.-As amended, Stats. 1881, 22. Before whom 1661. Sec. 26. The oath shall be taken, and, except in oath may be taken.

the cases prescribed in the two next preceding sections, may be subscribed before any Judge of the supreme or district court or Clerk thereof, County Clerk, Notary Public, or Justice of the Peace, unless otherwise directed by law.

1662. Sec. 27. It shall be the duty of every officer, whose outh of office is required to be indorsed on his commission or

of the Governor

to be sub

Oath to be taken at the

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COMMISSIONS AND CERTIFICATES OF ELECTION.

of officers, how issued.

*, to be certified

of State.

1664. SEC. 29. All commissions of officers shall be in the Commissions name and by the authority of the State of Nevada, and shall be sealed with the great seal of the state, signed by the Governor, and countersigned by the Secretary of State.

1665. Sec. 30. Members of the legislature and all county Certificates of and precinct officers elected by the people, shall receive certiti-elections and cates of election from the Boards of County Commissioners of their respective counties, and all stute officers shall receive their commissions from the Governor.

1666. Sec. 31. It shall be the duty of the Clerk of the Election and Board of County Commissioners of each county in this state,

qualification within ten days after the election or appointment and qualifica- to Secretary tion of any county officer (authorized by law to take acknowledgments or administer oaths), or Justice of the Peace, in their county, to certify, under seal, to the Secretary of State (stating the election or appointment and qualification of any such officer), which certificate shall be filed in the office of the Secretary of State as evidence of the official character of such officers. Said Clerk shall, also, within ten days after a vacancy has Vacancies to occurred in any county office, or office of Justice of the Peace be certified. (by resignation or otherwise), certify to the Secretary of State the fact of such vacancy. Each district officer, authorized by District law to take acknowledgments or administer oaths, shall, within attice to filo ten days after entering upon the discharge of the duties of his oath. office, file a duplicate certificate of his official oath in the office of the Secretary of State, which certificate shall be evidence of the official character of such officer ; and all resignations of any officer, required to be made to the Governor, shall be by him filed in the office of the Secretary of State.

1667. Sec. 32. Any officer elected or appointed to fill any Commission vacancy shall be commissioned, or receive a certificate of elec-or certificate. tion or appointment to such office.

OF RESIGNATIONS.

1668. Sec. 33. Any person who shall receive a commis- Resignations sion, or a certificate of his election or appointment, shall be at and vacancies liberty to resign such office, though he may not have entered upon the execution of its duties or taken the requisite oath of office; and when any vacancy shall occur in the office of member of the senate or assembly, by death, resignation, or otherwise, and a session of the legislature is to take place before the next general election, the Governor shall issue a writ of election, directed to the Board of County Commissioners of the county or district in which such vacancy shall occur, commanding such board to notify the several Inspectors in their county or district to hold a special election to fill such vacancy or vacancies, at a time appointed by the Governor.

1669. Sec. 34. Resignations of office shall be made as

31

how made.

Resignations, follows, to-wit: First-The Governor and Lieutenant-Gor

ernor shall transmit their resignations to the legislature, if in session, and if not in session, then to the Secretary of State. Second-All state officers commissioned by the Governor or elected by the legislature (except the officers of that body), shall resign their commissions to the Governor. Third-Members of the legislature, when they resign their seats, shall deliver their resignations to the Governor, and he shall immediately order an election to fill such vacancy. Fourth-By all county officers (except District Judges, and they, to the Governor), to the Board of County Commissioners of their respective counties. Fifth--By all other officers holding office by appointment, to the officer, body, or board that appointed them.

OF VACANCIES.

Vacancies. how occasioned.

1670. Sec. 35. Every office shall become vacant upon the occurring of either of the following events before the expiration of the term of such office : First-The death or resignation of the incumbent. Second–The removal of the incumbent from office. Third-The confirmed insanity of the incumbent, found upon a commission of lunacy, issued to determine the fact. Fourth-A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond. Fifth-A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in section twenty-two of this Act : or, when a bond is required by law, his refusal or neglect to give snch bond within the time prescribed by law. Sixth-The ceasing of the incumbent to be a resident of the state, district, county, city, or precinct, in which the duties of his office are to be exercised, or for which he shall have been elected or appointed. Seventh--The ceasing of the incumbent to discharge the duties of his office for the period of three months, except when prevented by sickness, or by absence from the state, upon leave, as provided by law. Eighth-The decision of a competent tribunal declaring the election or appointment void or the office vacant.

1671. Sec. 36. But when a vacancy shall occur in the office of a member of the legislature during the session thereof, such vacancy shall be notified to the Governor, by the presiding officer of the house in which such vacancy shall have occurred.

1672. Sec. 37. Whenever any officer shall be removed from office on impeachment and conviction, as declared in the constitution and laws of this state, it shall be the duty of the Secretary of the State to trausmit a certified copy thereof to the officer (as the case may be), whose duty it shall be to order an election, or make an appointment to supply the vacancy caused by the removal of such officer from office.

Member of legislature.

Removal.

When

0

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every county officer, except the District Judge, required by law to execute an official bond, whenever a final judgment shall be obtained against such officer for a breach of the conditions of such bond, or whenever such officer shall be finally convicted of a felony, or any offense involviug a violation of his official oath.

1674. Sec. 39. Whenever a vacancy occurs in any office, Cause of as specified in this Act (except in cases of resignations made to certified to the Governor or legislature, or Board of County Commissioners, Gommissionin which cases it is the duty of the Governor and such Boards ers. of County Commissioners to issue a writ of election, or make an appointment to fill such vacancy, as the case may be), the Secretary of State, or Clerk of the Board of County Commissioners of the county where such officer exercised the duties of his office, if confined to a single county ; and, if not thus confined, then the Clerk of the Board of County Commissioners, where such officer last resided, r-revious to the occurring of such vacancy, shall certify to the Governor, or such Board of County Commissioners, the cause of such vacancy, and if such vacancy occurs from the confirmed insanity of the incumbent, or from his conviction of a felony, or an offense involving a violation of his official bond or oath, the Secretary of State, or Clerk of such Board of County Commissioners, shall also accompany their certificate by a certified copy of a judgment found upon the commission of lunacy, or a certified copy of the record of conviction for such felony or offense, as the case may be.

OF SUPPLYING VACANCIES.

1675. Sec. 40. Whenever a vacancy shall occur, during Vacancies, the recess of the legislature, in any office which the legislature how supplied. is authorized to fill by election, or which the Governor, subject to confirmation by the senate, is authorized to fill, the Governor, unless it is otherwise specially provided, may appoint some suitable person to perform the duties of such office.

State ex rel. O'Neale v. McClinton, 5 Nev. 329; State ex rel. Clarke

v. Irwin, 5 Nev. 111. 1676. Sec. 41. When, at any time, there shall be in either when of the county or precinct offices (except the office of District temporary Judge) no officer duly authorized to execute the duties thereof, may be made. some suitable person may be temporarily appointed by the Board of County Commissioners to perform the duties of such offices, until they are filled by election or appointment, as provided by law; provided, that in case there is no Board of County Commis sioners in such county, the Governor may, on notice of such vacancy, create or fill such board.

Sawyer v. Hayden, 1 Nev. 75. 1677. Sec. 42. Any person so appointed, in pursuance of to qualify. either of the last two preceding sections, shall, before proceeding to execute the duties assigned him, qualify in the same

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When Presi.

of Senate to act as Governor.

to elect a President

manner as required by law of the officer in whose place he shall be appointed ; and he shall continue to exercise and perform the duties of the office to which he shall be so appointed until the election of his successor at the next session of the legislature, or the next general election, and the qualification of such suc

cessor thereafter. When powers

1678. Sec. 43. In case of the impeachment of the Govmay devolve ernor, or his removal from office, death, or inability to discharge on Lieutenor the powers and duties of the office, resignation, or absence from ant-Governor

the state, the powers and duties shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the legislature, be out of the state in time of war, at the head of any military force thereof, he shall continue Commander-in-Chief of all the military forces of the state.

1679. Sec. 44. If, during the vacancy in the office of the dent pro tem.

Governor, the Lieutenant-Governor shall die, be impeached, displaced, resign, or become incapable of performing the duties of his office, or be absent from the state, the President pro'tem. of the Senate shall act as Governor until the vacancy shall be

filled or the disability shall cease. When senate 1680. Sec. 45. Whenever the government is adminis

tered by the Lieutenant-Governor, or he shall be unable to attend

President of the Senate, the senate shall elect one of its own members as President for that occasion. Vacancies to 1681. Sec. 46. Vacancies that may occur in office, the be filled by Governor

appointment of which is vested in the Governor and senate, or during recess in the legislature, shall be filled by the Governor during the

recess of the legislature, by granting commissions which shall expire whenever the Governor and senate, or the legislature, shall appoint a person or persons to fill said offices.

1682. SEC. 47. It shall be the duty of the Governor to

lay before the legislature, at the earliest day practicable, a stateappointments ment of all appointments made by him since the preceding ses

sion to fill vacancies. Vacancies to 1683. Sec. 48. Whenever any vacancy shall occur in the be filled by Governor.

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.

1684. SEC. 49. When any vacancy shall exist or occur in

the office of County Clerk, or any other county or township offices, how 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.

Governor to appraise

Vacancies in

or township

filled.

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