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contracts and accounts for publishing reports, notices, and advertisements shall be audited and paid as other accounts against the county. It shall be the duty of the county auditor to procure all such books, blanks, and stationery as may be necessary, and to distribute the same to the various county officers. ['96, p. 528*.

CLAIMS AND WARRANTS.

531. Claims. Form. Time of presentation. The board of county commissioners shall not hear or consider any claim of any person against the county, nor shall the board credit or allow any claim or bill against the county, unless the same be itemized, giving names, dates, and particular service rendered, nor until it has been passed upon by the county auditor. If the claim is for service of process, it shall state the character of process served, upon whom, the number of days engaged, and number of miles traveled; if for materials furnished, to whom, by whom ordered, quantity, and price agreed upon. Every claim against the county must be presented to the county auditor within a year after the last item of the account or claim accrued. In all cases claims shall be duly verified as to their correctness and as to the fact that they are justly due, by the claimant or his authorized agent. If the board shall refuse to hear or consider a claim because it is not properly made out, it shall cause notice of the fact to be given to the claimant or to his attorney, and shall allow sufficient time for the same to be properly itemized and verified. [C. L. § 196*: '96, pp. 534-5. sented to the county court, fails to state a cause of action against the county. Fenton v. Salt Lake County, 3 U. 423; 4 P. 241.

Board to settle and allow accounts, 511, sub. 7; examination by auditor, 603.

A complaint which fails to allege that a claim which is the cause of the action has been first pre

532. Id. Allowance or rejection. When the board finds that any claim presented is not payable by the county, or is not a proper county charge, it must be rejected. If it is found to be a proper county charge, but greater in amount than is justly due, the board may allow the claim in part, and may order a warrant drawn for the portion allowed. If the claimant is unwilling to receive such amount in full payment, the claim may be again considered by the board. [C. L. § 198*; '96, p. 535.

533. Action on rejected claim. A claimant dissatisfied with the rejection of his claim or demand, or with the amount allowed him on his account, may sue the county therefor at any time within one year after the first rejection thereof by the board, but not afterward; and if, in such action, judgment is recovered for more than the board allowed, on presentation of a certified copy of the judgment, the board must allow and pay the same, together with the costs adjudged; but if no more is recovered than the board allowed, the board must pay the claimant no more than was originally allowed. [C. L. § 199; 96, p. 535.

534. Payment of judgment. Assessment to pay. When any judg ment is obtained against a county the same must be paid as are other county charges. The board of county commissioners shall have power at any time after the expiration of six months from the rendition thereof to assess and collect a sufficient amount of revenue to pay off and discharge such judgment, in addition to the ordinary expenses of the county, but the property of the county and of persons owning property situated or liable to taxation therein shall in no case be subject to judginent lien nor to seizure or sale upon execution or other process of any court.

the

N. Dak. (1895) 1⁄2 1889. Mont. Pol. C'. % 4199”. A judgment against a county when duly filed becomes an audited claim, and plaintiff, in case of failure from lack of funds or refusal to pay the same, can resort to his writ of mandamus. Emery

Co. v. Burresen, U.; 47 P. 91. The property
of a county is not subject to execution and sale on
a judgment, in the absence of a statute granting
such right in express terms.
Id.

535. Claims by commissioners. Rejection. All claims against the county presented by members of the board of county commissioners for expenses must be itemized and verified as other claims, and must state that the service has

been actually rendered, and, before allowance, such claims must be presented to the county attorney, who must indorse thereon, in writing, his opinion as to the legality thereof. If the county attorney declare the claim illegal, he must state specifically wherein it is illegal, and the claim must then be rejected by said board. [C. L. § 204*; '96, p. 536*.

536. Officers not to advocate claims of others. No county officer shall, except for his own services, present any claim, account, or demand for allowance against the county, nor in any way advocate the relief asked in the claim or demand made by any other. Any person may appear before the board and oppose the allowance of any claim or demand made against the county. ['96, p. 534.

537. Warrants. Form. Payment. Registration. County charges to be audited. Warrants drawn by order of the board of county commissioners on the county treasury for current expenses during each year, must specify the liability for which they are drawn, when they accrued, and the funds from which they are to be paid, and must be paid in the order of presentation to the treasurer. If the fund is insufficient to pay any warrant, it must be registered, and thereafter paid in the order of registration. Accounts for county charges of every description must be presented to the board of county commissioners, to be audited as prescribed in this title. [C. L. §§ 200, 208; '96, pp. 535, 570. Warrant must specify liability, 2606. Registering warrants, ? 557.

538. County charges, what are. The following are county charges: 1. Charges incurred against the county by virtue of any of the provisions of this title.

2. The necessary expenses of the county attorney, incurred in criminal cases arising in the county, and all other expenses necessarily incurred by him in the prosecution of criminal cases.

3. The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail.

4.

The sums required by law to be paid to jurors in civil cases.

5. The accounts of justices of the peace acting at inquests.

6. All charges and accounts for services rendered by any justice of the peace for services in the trial and examination of persons charged with crime, not otherwise provided for by law.

7. The necessary expenses incurred in the support of the county hospitals. poorhouses, and the indigent sick and otherwise dependent poor, whose support is chargeable to the county.

8. The contingent expenses necessarily incurred for the use and benefit of the county.

9.

Every other sum directed by law to be raised for any county purposes under the direction of the board of county commissioners, or declared to be a county charge.

10. The fees of constables for services rendered in criminal cases.
11.

The necessary expenses of the sheriff and his deputies incurred in civil and criminal cases arising in the county, and all other expenses necessarily incurred by such sheriff or his deputies in the performance of the duties imposed upon them by law.

12. The sums required by law to be paid by the county to jurors and witnesses serving at inquests and in criminal cases in justices' courts. ['96, p. 570-1*.

Board to settle and allow accounts, ? 511, sub. 7, 531.

tendance of jurors in civil cases. Salt Lake County v. Richards, 14 U. 142; 46 P. 659.

The state is not required to pay mileage and at539. Costs on removal of criminal action before trial. When a criminal action is removed before trial, the costs accruing upon such removal shall be a charge against the county in which the indictment or information was found.

['96, p. 572.

CHAPTER 4.

COUNTY OFFICERS.

540. Eligibility. No person is eligible to a county, district, or precinct office, who, at the time of his election, is not an elector of the county, district, or precinct in which the duties of the office are to be exercised. ['96, p. 537.

541. Officers enumerated. The officers of a county are: three county commissioners, a county treasurer, a sheriff, a county clerk, a county auditor, a county recorder, a county attorney, a county surveyor, an assessor, a county superintendent of district schools, and such other officers as may be provided by law; provided, that in counties having an assessed valuation of less than twenty millions of dollars, the county clerk shall be ex officio auditor of the county and shall perform the duties of such office without extra compensation therefor. p. 537*.

Salaries of county officers, ?? 2056-2063.

['96,

542. Consolidation of offices. In counties where the board of county commissioners, by proper ordinance shall so elect, the duties of the above mentioned officers may be consolidated in such manner as the board may decide; and in counties where the duties of said officers have been or may hereafter be consolidated, the board of county commissioners thereof, by proper ordinance, may elect to separate the duties so consolidated and reconsolidate them in any other manner, or may separate said duties without reconsolidation and provide that the duties of each office shall be performed by a separate person, whenever, in their discretion, the public interest will be best subserved thereby; provided, that no such ordinance shall be passed to take effect within less than three months after the passage thereof, and every such ordinance shall take effect on the first Monday of January next succeeding a general election. ['96, p. 537*.

Salary when offices consolidated, ¿ 2063.

543. Id. Duties of person selected. When offices are united and consolidated, but one person shall be elected to fill the offices so united and consolidated, and he must take the oath and give the bond required for and discharge all the duties pertaining to each. ['96, p. 537.

544. Precinct officers. The officers of a precinct are one justice of the peace and one constable. The board of county commissioners of each county, as public convenience may require, shall divide their respective counties into precincts for the purpose of electing justices of the peace and constables. ['96, pp. 537-8*.

Power to change or abolish precincts, 2 511, subs. 1, 2.

545. Elections. Terms. Canvass of vote for county superintendent. All elective county and precinct officers, except otherwise provided for in this title, shall be elected at the general election to be held in November, eighteen hundred and ninety-eight, and every two years thereafter, unless otherwise herein provided, and shall take office at twelve o'clock meridian on the first Monday in January next following the date of their election. Commissioners shall be elected as hereinbefore provided. All officers elected under the provisions of this title shall hold office until their successors are elected or appointed and qualified. The judges of election in each school district in which electors are entitled to vote for county superintendent of schools, shall canvass the ballots cast for such officer in such district, and certify the result to the county clerks of their respective counties, and said county clerk shall, in the presence of the candidates or their representatives, after due notice, proceed to canvass said returns

and shall issue to the person receiving the highest number of votes cast at said election for said office, a certificate of election. ['96, p. 538*.

Election of county officers, tie vote, etc., 22 781, 787. Vacancies filled by county board, 511, sub. 5. Election of county superintendent, 1782.

Under an act of congress vacating offices, etc., the governor might appoint a successor to the defendant, a probate judge, elected in 1880 for the term of two years and until his successor should be elected and qualified, no successor having been elected in 1882 in consequence of the provisions of

an act of congress.
9 P. 293.

Wenner v. Smith, 4 U. 23:

Under section 2018, providing that an incumbent of an office shall hold until his successor be duly elected or appointed and qualified, one holding by appointment will hold over for the succeeding term, if no election occurs at the time provided for by statute. People, ex rel. Murphy, v. Hardy. 8 U. 68; 29 P. 1118.

546. Deputies and assistants. Every county, precinct. or district officer, except a county commissioner or a judicial officer, may, by and with the consent of the board of county commissioners, appoint as many deputies and assistants as may be necessary for the prompt and faithful discharge of the duties of his office. The appointment of a deputy must be made in writing, and filed in the office of the county clerk, and, until such appointment is so made and filed and until such deputy shall have taken the oath of office, no one shall be or act as such deputy; provided, that any officer appointing any deputy shall be liable for all official acts of such deputy; and provided further, that the board shall allow the county clerk such deputies and assistants to transact the business pertaining to the district courts as may be deemed necessary and advisable by the judge or judges of the district court. ['96, pp. 538*, 559*.

547. "Principal" includes "deputies." Whenever the official name of any principal officer is used in any law conferring power or imposing duties or liabilities, it includes deputies. ['96, p. 539.

Principal may include deputy, ? 2498.

548. Offices at county seats, when. The clerks, recorders, and treasurers of all counties, and, except in counties having a population of less than eight thousand, all other county officers, must have their offices at the county seats; and in counties having a population of twenty thousand and over, the clerk, sheriff, recorder, auditor, treasurer, and attorney must keep their offices open for the transaction of business from nine o'clock a. m. until five o'clock p. m. ['96, p. 539.

549. Liability on bond. Whenever, except in criminal prosecutions. any special penalty, forfeiture, or liability is imposed upon any officer for nonperformance or mal-performance of his official duties, the liability therefor attaches to the official bond of such officer and to the principal and sureties thereon.

Sup. Cal. Codes (1893) p. 607. Mont. Pol. C. 2 4324.

550. Officer absent from county. No county officer shall absent himself from the county for a period of more than thirty days without the consent of the board of county commissioners. ['96, p. 539.

551. Bonds of county officers. Approval. Sureties. Recording. The board of county commissioners of each county in the state shall prescribe by ordinance the amount in which the following county and precinct officers shall execute official bonds before entering upon the discharge of the duties of their respective offices, viz: county treasurer, county clerk, county auditor, sheriff. county attorney, recorder, assessor, county surveyor, county superintendent of district schools, justice of the peace, and constable; provided, that the bond of the county treasurer shall not be fixed in an amount less than one-half the total amount of the taxes collected in the county during the preceding year. The judge or judges of the district court shall prescribe the amount in which each member of the board of county commissioners must execute an official bond before entering upon the discharge of the duties of his office. The bonds and sureties of county commissioners must, before the bonds can be recorded and filed, be approved by the judge or one of the judges, if there be more than one, of the dis

trict court. The bonds and sureties of all other county and precinct officers must be approved by the board of county commissioners before they can be filed and recorded. All persons offered as sureties on official bonds shall be examined on oath touching their qualifications, and no person shall be admitted as surety on any such bond unless he is a resident and freeholder within this state, and is worth, in real or personal property, or both, situate in this state, the amount of his undertaking, over and above all just debts and liabilities exclusive of property exempt from execution. All official bonds shall be recorded in the office of the county recorder and then filed and kept in the office of the county clerk. The official bond of the county clerk, after being recorded, shall be filed and kept in the office of the county treasurer. [C. L. § 207*; '96, pp. 539–40*. Power to fix bonds and require renewal, 511, sub. 3. Official bonds generally, ?? 1682–1686.

552. Officers to complete business at end of term. It shall be the duty of all officers in this title named, to complete the business of their respective offices to the time of the expiration of their respective terms; and, in case an officer at the close of his term shall leave to his successor official labor to be performed for which he has received compensation, or which it was his duty to perform, he shall be liable to pay his successor the full value of such service, which may be recovered in any court of competent jurisdiction. ['96, pp. 568-9.

CHAPTER 5.

COUNTY TREASURER.

553. Duties. The county treasurer shall:

1. Receive all money belonging to the county and all other money by law directed to be paid to him, safely keep the same, and apply and pay it out, and render an account thereof as required by law.

2. Keep an account of the receipts and expenditures of all such money, in books provided for the purpose, in which must be entered the amount, the time when, from whom, and on what account any money was received by him; the amount, time when, to whom, and on what account all disbursements were made by him.

3. Disburse county money only on county warrants issued by the county auditor, except on settlements with the state.

4. Disburse the money in the treasury on such warrants only when they are based on orders of the board of county commissioners, or upon order of the district court, or as otherwise provided by law.

5. File and keep the certificates of the auditor delivered to him when money is paid into the treasury.

6. So keep his books that the amount received and paid out on account of separate funds or specific appropriations are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account.

7. Perform such other duties as are or may be required by law. $ 101: '96, p. 540%.

Fees of treasurer, 2975.

[C. L.

554. Auditor's certificate to accompany money. He must receive no money into the treasury except taxes unless accompanied by the certificate of the auditor provided for in chapter eight of this title.

Sup. Cal. C. (1893) p. 609*.

555. Must give receipt. When any money is paid into the county treasury, he must give to the person paying the same a receipt therefor, which

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