38-442. Persons acting as public officers
without qualifying; classification; effect of acts


A. A person who exercises a function of a public office without taking the oath of
office, or without giving the required bond, is guilty of a class 2 misdemeanor.


B. This section shall not affect the validity of acts done by a person exercising
the functions of a public office in fact, where persons other than himself are interested
in maintaining the validity of such acts.