County respectively, the same fees from the party against whom the Fees of judgment is given as are allowed for similar services in the officers district court. Effect of Judgment of Court. judgment SEC. 125. Whenever an election shall be annulled and set Effect of aside by the judgment of the district court, and no appeal has of court been taken therefrom within thirty days, such certificate, if any has been issued, shall thereby be rendered void and the office become vacant. Contests To Be Tried, Where. be tried, SEC. 126. In case of any contest in regard to any election Contests to to fill the office of district judge, such contest shall be tried in where like manner before the district court of the district nearest adjoining thereto. Who May Bring Action. bring action SEC. 127. Any such action may be brought by the attorney- Who may general, in the name of the State of Nevada, upon his own information or upon the complaint of any private party, against any person who unlawfully holds any public office within the state; and it shall be the duty of the attorneygeneral 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 to do so by the governor. Duties of Attorney-General-Order of Court. attorney court SEC. 128. Whenever such action is brought the attorney- Duties of general, in addition to the statement and cause of action, may general: also set forth in the complaint the name of the person rightly order of entitled to the office or franchise, with a statement of his right thereto; and in such case, upon proof by affidavit or otherwise, 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 May Be Recovered. may be SEC. 129. If the judgment be rendered upon the right of Damages the person so alleged to be entitled in favor of such person, he recovered may recover, by action, the damages which he shall have sustained by reason of the usurpation of the office or franchise by the defendant. One Action, When. when SEC. 130. When several persons claim to be entitled or One action, elected to the same office one action may be brought by or against all such persons, in order to try their respective rights to such office. Contest for members of the legislature, how conducted Powers of justice of the peace to seal and deliver all CONTEST FOR MEMBERS OF THE LEGISLATURE SEC. 131. In case of contest for senator or assemblyman in any county in this state, the party contesting shall file a statement in the office of the county clerk of the county in which such senator or assemblyman may be a resident, and a concise statement of the grounds upon which he intends to reply, which statement shall be verified by affidavit; and it shall be the duty of the clerk to issue a commission, directed to a justice 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. Powers of Justice of the Peace. SEC. 132. Said justice of the peace shall have power at any time to issue subpenas for witnesses at the request of either party, to be served by the sheriff as other subpenas; and said justice shall have the same power to issue attachments and assess fines against witnesses as is given to justices of the peace in other trials instituted before him; and all testimony taken before him during such proceeding shall be in writing, and shall be certified to and forwarded by mail or express, or delivered to the clerk of the county. County Clerk to Seal and Deliver all Papers to the Secretary of State. SEC. 133. It shall be the duty of said clerk to seal up County clerk such depositions, together with the original statement of the grounds of such contest, and a copy of the notice served upon papers to the the party whose right is contested, and the commission issued to the justice of the peace, and transmit the same by 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. secretary of state state to deliver papers Secretary of State to Deliver Papers. SEC. 134. It shall be the duty of the secretary of state to Secretary of deliver the same, unopened, to the presiding officer 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. Depositions may be taken, when and how Depositions May Be Taken, When and How. SEC. 135. At any time after notice of any contest shall be given, and before the trial of such contested election before the proper branch of the legislature, it may be lawful for 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 sections. When Contest May Be Commenced for State Officers. SEC. 136. Proceedings to contest the election of any state Contest for officer must be begun within sixty days after the evidence state office, becomes available upon which the contest is based. For Other Officers. time limit other than state office SEC. 137. Proceedings to contest the election of any county Contests for officer, or any officer other than a state officer, must be begun within forty days after the evidence becomes available upon which such contest is based. When Time Begins to Run. SEC. 138. Delays arising from any cause tending to pre- When time vent the obtaining of evidence upon which a contest is brought begins to run shall not cause such contest to fail, but the time provided in this act shall begin to run only from the day when such evidence may be freely available to the person contesting the election of another, and from and after the passage of this act. When Demand for Recount Must Be Made. demand for recount SEC. 139. Demands for recount must be made within sixty When days from the day of election, or after the passage of this act if the recount is to be had of votes cast at the last general must be election preceding the passage of this act. FOR CONTESTING ELECTION OF STATE OFFICERS How Instituted. made state office, SEC. 140. Any qualified elector of the state may contest Contest for the election of any person declared duly elected to any state how instioffice within this state by filing a specification of the grounds tuted 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 any of them, shall have power to issue such process as may be necessary to the complete hearing and final determination of such action. SEC. 141. Whenever ten per centum or more of the voters of this state, as shown by the number of votes cast at the last per cent of total vote necessary for referendum Petition of 10 preceding general election for justice of the supreme court, shall express their wish that any law or resolution made by the legislature be submitted to the vote of the people, they shall file with the secretary of state, not less than four months before the time set for such general election, a petition, which petition shall contain the names and residences of at least ten per centum of the voters of this state, demanding that a referendum vote be had by the people of the state at the next general election upon the bill or resolution on which the referendum is demanded. More than verification More Than One Petition-Verification. SEC. 142. The names of the electors so petitioning need not all be upon one petition, but may be contained in one or more one petition; petitions; but each petition must be verified by at least one of the voters who has signed such petition, and such voter making such verification must swear that the persons signing said petition are qualified voters of this state. Said petition may be verified upon information and belief. Secretary of state to certify questions to county to be public Secretary of State to Certify Questions to the County Clerks— SEC. 143. That upon receipt of said petition by the secretary of state he shall file the same, and at the next general election shall submit the question of the approval or disapproval of said law or resolution to the people of the state to clerks; same be voted upon at the ensuing election wherein any state or congressional officer is to be voted for, or wherein any question may be voted upon by the electors of the entire state. And the secretary of state shall certify the said law to the several county clerks in this state, and they shall publish the same in accordance with the provisions of law requiring the said county clerks to publish questions and constitutional amendments which are to be submitted for popular vote. Questions, how placed on ballots referendum Questions, How Placed on Ballots. SEC. 144. That the title of the act shall be set out on the ballot and the question printed upon the ballot for the information of the voter shall be as follows: Shall the act (setting out the title thereof) be approved? And the votes cast upon such question shall be counted and canvassed as are the votes for state officers counted and canvassed. Operation of Referendum. SEC. 145. When a majority of the electors voting on the Operation of question of the approval or disapproval of any act at a state election, shall by their vote signify approval of the same, such act shall stand as the law of the state, and shall not be overruled, annulled, set aside, suspended, or in any way made inoperative, except by a direct vote of the people. When a majority shall so signify disapproval, the law or resolution so disapproved shall be void and of no effect. Words Construed. CHAPTER 6 MISCELLANEOUS PROVISIONS includes SEC. 146. Words in this act in the masculine gender shall Masculine be construed to comprehend the feminine gender in compli- feminine ance with the constitutional amendment granting suffrage gender to women. Judicial Officers. officers with SEC. 147. No words designating the party affiliation of Judicial any candidate for a judicial office shall be printed upon the out party ballot. School Elections. designation trustee SEC. 148. School trustees shall be elected in accordance School with the provisions of chapter six of an act entitled "An act elections concerning public schools, and repealing certain acts relating thereto," approved March 20, 1911. Electors in Military Service. SEC. 149. Electors of the State of Nevada in the military Soldier vote service of the United States may, when called into such service, vote in accordance with the provisions of the act approved March 14, 1899. Repeal. SEC. 150. All parts of acts in conflict with the provisions Repeal of this act are hereby repealed. CHAP. 286-An Act regulating the compensation of receivers of corporations in cases of involuntary dissolution or liquidation. [Approved March 29, 1915] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: of certain to receive funds SECTION 1. A receiver of a corporation appointed in any Receivers proceeding heretofore or hereafter instituted for the involun- insolvent tary liquidation or dissolution of such corporation and the corporations winding up of its affairs, in addition to his necessary expenses, certain pershall receive as compensation for his services not to exceed fentage of two per cent of all moneys or sums received by him, and an handled additional two per cent of all moneys paid out by him in dividends; provided, however, in case of extraordinary services. rendered by the receiver the court may allow him an additional one per cent upon final accounting of all moneys disbursed by him by way of dividends. Any order, judgment, decree, or proceeding allowing any greater or further compensation than that provided in this act to any receiver of any insolvent corporation appointed in a proceeding for its involuntary liquidation or winding up shall be void. SEC. 2. All acts and parts of acts in conflict herewith are Repeal hereby repealed. |