how made. Resignations, follows, to-wit: First-The Governor and Lieutenant-Governor 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. Vacancies, how occasioned. Member of legislature. Removal. When declared vacant. OF VACANCIES. 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 such 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 transmit 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. 1673. SEC. 38. The Governor shall declare vacant the office of every state officer, and the office of District Judge; and the Board of County Commissioners shall declare the office of 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 involving a violation of his official oath. vacancy to be Commission 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, Governor or in 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, previous 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. Vacancies, 1675. SEC. 40. Whenever a vacancy shall occur, during 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. 1676. State ex rel. O'Neale v. McClinton, 5 Nev. 329; State ex rel. Clarke appointments 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 Commissioners 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 When powers of Governor on Lieuten ant-Governor 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 successor thereafter. 1678. SEC. 43. In case of the impeachment of the Govmay devolve ernor, or his removal from office, death, or inability to discharge the powers and duties of the office, resignation, or absence from 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. When Presi dent pro tem. of Senate to act as Governor. When senate to elect a President. Vacancies to be filled by Governor 1679. SEC. 44. If, during the vacancy in the office of the 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. 1680. SEC. 45. Whenever the government is administered by the Lieutenant-Governor, or he shall be unable to attend as President of the Senate, the senate shall elect one of its own members as President for that occasion. 1681. SEC. 46. Vacancies that may occur in office, the 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. of legislature Governor to 1682. SEC. 47. It shall be the duty of the Governor to appraise lay before the legislature, at the earliest day practicable, a stateappointments ment of all appointments made by him since the preceding session to fill vacancies. legislature of Vacancies to be filled by Governor. Vacancies in county or township 1683. 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. 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. filled. OF PENALTIES FOR BRIBERY, EXTORTION, EMBEZZLEMENT, I-Of Bribery. MISCONDUCT tice or legislature. 1685. SEC. 50. If any person or persons shall, directly or Bribery of indirectly, give any sum or sums of money, or any other bribe, Judge, Juspresent, or reward, or any promise, contract, obligation, or member of security for the payment or delivery of any money, present, reward, or any other thing, to obtain or procure the opinion, judgment, or decree of any Judge, or Justice of the Peace, acting within this state, or to corrupt, induce such Judge or Justice of the Peace to be more favorable to one side than the other, in any suit, matter, or cause, depending, or to be brought before him or them, or shall, directly, give any sum or sums of money, present, or reward, or any promise, contract, obligation, or security for the payment or delivery of any money, present, or reward, or any other thing, to obtain, procure, or influence any member of the legislature, or to incline, induce, or influence any such member of the legislature to be more favorable to one side than to the other, on any question, election, matter or thing pending or to be brought before the legislature, or either house thereof, the person so giving any money, bribe, present, or reward, promise, contract, obligation, or security, with the intent, and for the purpose aforesaid; and the Judge, Justice of the Peace, or member of the legislature, who shall receive or accept the same, shall be deemed guilty of bribery, and, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one nor more than eleven years, and shall be disqualified from holding any office of honor, trust, or profit, in this state. Punishment. ing or officers 1686. SEC. 51. If any person shall, directly or indirectly, Persons giv give any sum or sums of money, or any other bribe, present, or receiving reward, or any promise, contract, obligation, or security, for bribe. the payment of any present or reward, or any other thing, to any Judge, Justice of the Peace, Sheriff, Clerk, Constable, Public Administrator, Jailer, Attorney-General, District or City Attorney, member of the legislature, or other officer, ministerial or judicial (but such fees as are allowed by law), the person so giving, and the officer so receiving, any money, bribe, present, reward, promise, contract, obligation, or security, shall be deemed guilty of bribery, and, on conviction thereof, shall be punished by imprisonment in the state prison for a term not Punishment. less than one nor more than eleven years, and shall be disqualified to hold any office of honor, trust, or profit, in this state. 1687. SEC. 52. Every person who shall offer or attempt Attempting to bribe any member of the legislature, Judge, Justice of the Peace, Sheriff, Public Administrator, Clerk, Constable, Jailer, Attorney-General, District or City Attorney, or other ministerial or judicial officer, in any of the cases mentioned in the two preceding sections, and every member of a legislature, Judge, to bribe officers. Justice of the Peace, Sheriff, Public Administrator, Clerk, Constable, Jailer, Attorney-General, District or City Attorney, or other ministerial or judicial officer who shall propose or agree to receive any bribe, in any of the cases mentioned in either of the two preceding sections, shall, on conviction, be imprisoned Punishment. in the state prison for a term not less than one nor more than seven years, and shall be disqualified to hold any office of honor, trust, or profit in this state. Extortion. Punishment. Embezzlement by a II.-Of Extortion. 1688. SEC. 53. If any Judge, Justice of the Peace, Sheriff, Public Administrator, Clerk, Constable, or other officer of this state, ministerial or judicial, shall willfully charge and receive any fee or reward larger than is allowed by law to do, or execute his duty as such officer, or if any such officer shall willfully or corruptly ask or demand, as a condition precedent to the performance of his duty as such officer, any fee or reward, except such as are allowed by law, every such officer so offending shall be deemed guilty of extortion, and, on conviction thereof, shall be fined in any sum not less than two hundred dollars nor more than one thousand dollars, and removed from office. III-Of Embezzlement. 1689. SEC. 54. Every servant, officer, or person employed public officer. in any public department, station, or office of the government of this state, or of any county, city, or town, or in any office of a corporate body, who shall embezzle, steal, secrete, or fraudulently take and carry away any money, goods, chattels, effects, book or books of records, or of account, bond or bonds, bank bill or notes, or any other writing or security for the payment of money or property, of whatever description it may be, being the property of the said state, county, city, town, or Punishment. corporate body, shall, on conviction thereof, be punished by imprisonment in the state prison for a term not less than one nor more than eleven years. Officer refusing to pay over public funds. 1690. SEC. 55. If any officer or person who now is, or hereafter may be intrusted by law to collect, disburse, receive, or safely keep any money or moneys, revenue or revenues belonging to this state, to the school fund of the state, to the school fund of any county, city, or town, to any county, city, or town in this state, to any canal, turnpike or railroad fund of this state, or to any fund for the improvement of any public road, river, creek or other water course bordering on or within this state, or to any other fund now being, or hereafter to be, established by law for public purposes, who shall fail or refuse to pay over all moneys, warrants, bills, notes, and orders which any such officer or person shall receive for disbursement, and has not been disbursed, or shall collect, or shall receive, for safe keeping, belonging to this state, to any county, city, or town of |