There shall be allowed one line for each day and one page for each month in said record, and it shall be of at least one hundred and thirty (130) pages so that it shall last for ten years. It shall be the duty of the register to foot the totals of each day's entries at the close of each month and promptly at the end of each year to recapitulate in the record the monthly footings, and also to transmit to the state auditor a statement of the totals for each calendar year, and it shall be the duty of the state auditor to embody said statement in his reports.

3171. If any register shall neglect or refuse to perform any of the duties required of him by this act, he shall be deemed guilty of a misdemeanor in office, and proceeded against accordingly and shall, for any wilful omission to keep up such record or continued errors, neglect, or carelessness in the entries and footings therein, be subject to fine or penalty of not less than five dollars ($5) nor more than fifty dollars ($50) for each and every omission or error, and on information being furnished the county commissioners of such ommissions or errors, they shall have recovered from the Register by civil action for the benefit of the school fund, the amount of the penalty for such omissions or errors.

3172. The record herein provided for shall be opened in each county in this state as of the first day of June, 1891, and be kept continuously thereafter.

SHERIFF.

Secs. 3173 to 3188 formed secs.116 to 131, 1879, p. 384.

3173. It is the duty of the sheriff to serve or otherwise execute according to law, and return, writs or other legal process issued by lawful authority, and to him directed or committed, and to perform such other duties as may be required of him by law.

3174. His disobedience of the command of any such process is a contempt of the court from which it was issued, and may be punished by the same accordingly, and he is further liable to the action of any person injured thereby.

3175. He shall have charge and custody of the jail, and the prisoners of the same, and is required to receive those lawfully committed, and to keep them himself, or by his deputy jailor, until discharged by law.

3176. The sheriff and his deputies are conservators of the peace, and to keep the same, to prevent crime, to arrest any person liable thereto, or to execute process of law, may call any person to their aid; and, when necessary, the sheriff may summon the power of the county.

3177. The sheriff shall attend upon the district court at its sessions in his county, and he is allowed the assistance of two constables, and of such further number as the court may direct, and shall attend the sessions of the county court when required by the judge.

3178. No sheriff or his deputy or constable shall appear in any court as attorney or counselor for any party, nor make any writing or process to commence or to be in any manner used in the same, and such writing or process made by any of them shall be rejected.

3179. No sheriff or his deputy or constable shall become the purchaser, either directly or indirectly, of any property by him exposed to sale under any process of law or equity; and every such purchase is absolutely void.

3180. Sheriffs and their deputies may execute any process which may be in their hands at the expiration of their office; and in case of a vacancy occurring in the office of sheriff from any cause, his deputies shall be under obligation to execute legal process then in his or their hands, and he and they will remain liable under the provisions of law as in other cases.

3181. When a sheriff goes out of his office he shall deliver to his successor all books and papers pertaining to the office, and property attached or levied upon (except as provided in the preceding section), and all prisoners in jail, and take his receipt specifying the same, and such receipt shall be sufficient indemnity to the person taking it.

3182. A sheriff may appoint a special deputy to serve any summons, by endorsement thereon substantially as follows: "I hereby appoint

my special deputy to serve the within writ;" which shall be dated and signed by the sheriff. Constable cannot appoint deputy. 9, 90.

3183. Such special deputy shall make return of the time and manner of serving such writ, under his oath, and for making a false return he shall be guilty of perjury, and punished accordingly.

SURVEYOR.

3184. It shall be the duty of the county surveyor to make all surveys within his county that he may be called upon to make.

3185. The county commissioners of each county shall procure a suitable book for the use of, and which shall be kept by, the county surveyor, and in which it shall be the duty of the county surveyor to truly record all surveys made by him. within twenty days after such surveys shall be made; and he shall, at the expiration of his term of office, deliver his said book to his successor in office, or to the county clerk of the proper county.

3186. The record shall show the metes and bounds of all surveys made by the surveyor in his county, at whose request and for whom the same were made, together with the names and oath of the chainmen employed, and shall be signed by

the surveyor.

3187. All necessary chainmen shall be employed by the person or persons causing the survey to be made. The chainmen shall be disinterested persons, and approved of and sworn by the surveyor to measure justly and exactly, to the best of their knowledge and ability, all lines measured by them.

3188. It shall be the duty of the county surveyor to establish suitable and proper bounds and monuments at each corner or angle in all surveys made by him, and when growing trees are convenient to such corner or angle, he shall mark two or more with a blaze and notch, facing the corner or angle, as witness trees to the same, and shall note the courses and distances of such witness trees from the corner, together with a description of the size and kind of tree.

TREASURER.

Secs. 3189 to 3193 formed secs. 91 to 95, 1879, p. 379.

3189. It shall be the duty of the county treasurer to receive all money belonging to the county, from whatsoever source derived, and all other money which is by law directed to be paid to him. All money received by him for the use of the county shall be paid out by him only on the warrants issued by the county board according to law, except where special provison for the payment thereof is or shall be otherwise made by law.

3190. All warrants issued by the county board shall, upon being presented for payment, if there is not sufficient funds in the treasury to pay the same, be endorsed by the treasurer, "not paid for want of funds," and the treasurer shall also endorse thereon the date of such presentation and sign his name thereto. Warrants so endorsed shall draw interest from the date of such endorsement, at the rate of seven per cent per annum until paid. No account or claim whatsoever against a

county, which has been allowed by the board, shall draw interest until a warrant shall have been drawn in payment thereof and endorsed as herein provided.

3191. The county treasurer shall perform such additional duties as are or may be prescribed by law.

3192. If any county treasurer shall neglect or refuse to render any account or settlement required by law, or shall fail or neglect to account for any balance due the state, county, township, school district, or any other municipal subdivision, or is guilty of any other misconduct in office, the county board may forthwith remove him from office, and appoint some suitable person to perform the duties of treasurer, until his successor is elected or appointed and qualified.

Procedure for removal pointed out. The fact that the moneys were stolen is no justification for the failure to account for them. 10, 455 (6 N. W., 757).

3193. Whenever any person shall pay any money into the county treasury, the county treasurer shall give such person duplicate receipts, and the person receiving such duplicate receipts shall present them to the county clerk, who shall countersign one of said receipts, and return it to the person entitled thereto, and retain the other in his office; and no receipt so given shall be evidence of payment of such money, in the hands of any person except the county clerk, unless the same shall first be countersigned by said clerk.

Secs. 3194 to 3196. "An act to require county treasurers to publish a report of the financial condition of their respective county." 1883, p. 182. In force June 1.

3194. The county treasurer of each county shall, during the months of June, 1883, and January 1884, and semi-annually thereafter, cause to be published in a weekly newspaper, printed in the county, a tabulated statement of the affairs of his office, showing the receipts and disbursements of his office for the last preceding six months ending May 31 and December 31, as herein provided.

3195. Such statements shall show: First-The amount of money received and for what fund; Second-The amount of warrants or orders presented and registered, and upon what fund; Third--The amount of warrants or orders paid, and from what fund; Fourth-The amount of money on hand in each fund; Fifth-The amount of outstanding warrants or orders registered and unpaid; Sixth-The total amount of money on hand.

3196. The county shall pay to the printer a reasonable compensation for the publication of such statement.

REMOVAL OF COUNTY OFFICERS.

Secs. 3197 to 3205 formed ch. 45, R. S. 1866, p. 297.

3197. All county officers, including justices of the peace, may be charged, tried, and removed from office for official misdemeanors in the manner and for the causes following: First-For habitual or willful neglect of duty. Second-For gross partiality. Third-For oppression. Fourth-For extortion. Fifth-For corruption. Sixth-For willful maladministration in office. Seventh-For conviction of a felony. Eighth-For habitual drunkenness.

The words "willful" and " maladministration" discussed and defined, and county surveyor removed for removing government corner stones. 14, 182 (15 N. W., 330). County treasurer cannot be removed without complying with the provisions of these sections. 10, 455 (6 N. W., 757).

3198. Any person may make such charge, and the board of commissioners shall have exclusive original jurisdiction thereof by a summons.

Supervisors may be compelled to hear and act upon a proper complaint, and two-thirds of the members is a quorum. 18, 422 (25 N. W., 587). This does not confer a judicial but an administrative power, and is not in conflict with the constitution. 15, 247 (18 N. W., 45).

3199. The proceeding shall be as nearly like those in other actions as the nature of the case admits, excepting where otherwise provided in this chapter.

3200. The complaint shall be by an accuser against the accused, and shall contain the charges with the necessary specifications under them, and be verified by the affidavit of any elector of the state that he believes the charges to be true. 3201. It will be sufficient that the summons require the accused to appear and answer the complaint of A. B. (naming the accuser) for "official misdemeanor," but a copy of the complaint must be served with the summons.

3202. No answer or other pleading, after the complaint, is necessary, but the defendant may move to reject the complaint or demur thereto, upon any ground rendering such motion or demurrer proper; and he may answer if he desires, and if he answer, the accuser may reply or not. But if there be an answer and reply, the provisions of this statute relating to pleadings in action shall apply.

3203. The questions of fact shall be tried as in other actions, and if the accused is found guilty, judgment shall be entered removing the officer from his office, and declaring the latter vacant, and the clerk shall enter a copy of the judgment in the election book.

3204. The accuser and the accused are liable to costs as in other actions. 3205. When the accused is an officer of the court and is suspended, the court may supply his place by appointment for the term.

Word "suspended" is not synonymous with word removed in sec. 1 of same act. 19, 444 (27 N. W., 427).

VI. DEPUTIES.

Secs. 3206 to 3211 formed ch. 15, R. S. 1866, p. 127.

3206. The state auditor, treasurer, and librarian respectively, and each county clerk, treasurer, sheriff, and surveyor, may appoint a deputy, for whose acts he shall be responsible; and from whom he shall require a bond, which appointment shall be in writing, and shall be revocable by writing under the principal's hand; and both the appointment and revocation shall be filed and kept in the office of the county clerk, in case of deputies for county officers, but in case of state officers they shall be filed and kept by the principals.

3207. In the absence or disability of the principal, the deputy shall perform the duties of his principal pertaining to his own office, but when an officer is required to act in conjunction with or in place of another officer, his deputy cannot supply his place.

3208. [Officers cannot be.]-The state auditor, treasurer, and librarian can neither of them appoint the other his deputy, nor can either the treasurer, sheriff, clerk, or surveyor of a county appoint either of the others.

3209. The sheriff may appoint such number of deputies as he sees fit.

3210. Each deputy shall take the same oath as his principal, which shall be

endorsed upon and filed with the certificate of his appointment.

3211. When a county officer receiving a salary and no fees is compelled by the pressure of the business of his office to employ a deputy, the county commissioners may make a reasonable allowance to such deputy.

Secs. 3212 and 3213. "An act to authorize deputy clerks to take acknowledgments of deeds and other instruments, and to legalize acknowledgments already taken by such clerks." 17. In force June 1.

1870 p.

3212. Deputy clerks of the district and county courts in this state are hereby authorized to take acknowledgments of deeds and other instruments of writing in the name of their principals, and said acknowledgments shall be as legal and as valid as if taken by their principals.

3213. All deeds or other instruments of writing heretofore acknowledged in the usual form, before any deputy clerk of the district or county courts of any county in this state, shall be and they are hereby declared legal and valid.

VII. NOTARIES PUBLIC.

Secs. 3214 to 3227. "An act to provide for the appointment of notaries public and to define their duties." 1869, p. 20. In force February 8. Repealing ch. 38, R. S., 1866, p. 270.

3214. The governor is hereby authorized to appoint and commission such number of persons to the office of notary public, in each of the respective counties of this state, as he shall deem necessary; but no person shall be appointed a notary public except upon the petition of at least twenty-five legal voters of the county in which he resides. Each person appointed a notary public shall hold his office for the term of six years from the date of his commission, unless sooner removed, and shall reside in the county for which he was appointed and commissioned. *Provided, That whenever the word county is used in this chapter it shall be construed to comprehend and include any unorganized territory or unorganized county attached to any organized county for judicial purposes; and any such unorganized territory or unorganized county attached to any organized county for judical purpurposes shall be considered attached to, in, and part of such county for all the purposes and requirements of this act.

Limit as to number omitted and all after * added 1883, p. 248.

3215. When any person shall be appointed to the office of notary public, the governor shall sign the commission of such person, and deliver the same to the secretary of state. Upon the receipt of such commission by the secretary, he shall affix thereto the great seal of the state, and attest the same, and transmit by mail or messenger the commission and a blank bond, to be executed by the person so appointed and commissioned, to the county clerk of the county for which such appointment was made, who shall within five days after the receipt by him of such commission, notify the person so appointed that he holds the commission and blank bond, and if the person appointed to such office does not, within thirty days after the date of such notice, execute the bond hereinafter mentioned, deliver the same to the clerk of the county, qualify, and receive his commission, the clerk shall return such commission to the secretary of state to be cancelled.

3216. Each person so appointed to the office of notary public shall, within the time limited in section two of this act, appear before the clerk of the county for which he was appointed, and demand the blank bond so transmitted by the secretary of state, and execute and deliver to such clerk a bond for the state of Nebraska, in the penal sum of two thousand dollars, with two securities, residents of such county, who shall severally justify, as hereinafter prescribed, conditioned for the faithful performance of the duties of such office; and such person so appointed to the office of notary public shall make oath or affirmation, to be endorsed on such bond, and subscribed by the person appointed before some officer authorized by law to administer oaths, and by him certified thereon, that he will support the constitution of the United States, the constitution of the state of Nebraska, and will faithfully and impartially discharge and perform the duties of the office of notary public. The county clerk shall file and preserve the bond in his office, and record the commission, bond, justification of the sureties, and oath of office in a book to be kept by him for that purpose, and shall transmit to the secretary of state, written or printed notice that the requirements of this act have been complied with by the person so appointed and commissioned, which notice shall be filed and preserved in the office of secretary of state.

3217. The justification of sureties on the bond shall be an oath or affirmation endorsed on such bond to the effect that each of the said sureties is a resident and freeholder of the county for which such notary public was appointed, and is worth at least the sum of two thousand dollars, over and above all debts and liabilities