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Territorial prison not less than six months, nor more than one

year.

SEC. 15. This act shall take effect and be in force from and after In force.

its passage.

Approved, December 8, 1875.

CHAPTER 28.

Powers.

Conveyances.

County com

COUNTY OFFICES.

AN ACT Creating the Several County Offices and Defining the Duties Thereof.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming :

ARTICLE I..

County Commissioners.

SECTION 1. Each organized county within the Territory, shall be a body corporate and politic, and as such shall be empowered for the following purposes:

First, To sue and be sued;

Second, To purchase and hold real and personal estate for the use of the county and land sold for taxes, as provided by law;

Third, To sell and convey any real or personal estate owned by the county, and make such order respecting the same as may be deemed conducive to the interests of the inhabitants;

Fourth, To make all contracts and do all other acts in relation to the property and concerns of the county, necessary to the exercise of its corporate or administrative powers;

Fifth, To exercise such other and further powers as may be especially conferred by law.

SEC. 2. Any real or personal estate, heretofore conveyed, or which may be hereafter conveyed to any county, shall be deemed the property of such county.

SEC. 3. The powers of a county as a body politic and corporate, missioners. shall be exercised by a board of county commissioners.

Court house.

Jail.

Suits, how entitled.

Service of pro

cess.

SEC. 4. Each county organized for judicial purposes shall, at its own expense, provide a suitable court house and a sufficient jail and other necessary county buildings, and keep them in repair.

SEC. 5. In all suits or proceedings by or against a county, the name in which the county shall sue or be sued, shall be the "board of the county commissioners of the county of

but this provision shall not prevent county officers, when authorized by law, from sueing in their name of office for the benefit of the county.

SEC. 6. In all legal proceedings against the county, process shall be served on said board of county commissioners or any

member thereof, and they shall have the right and are authorized in the absence of the county attorney, to employ an attorney to prosecute or defend, for which they may make an appropriation out of the general county fund.

paid.

SEC. 7. When a judgment shall be rendered against the board Judgm't, how of county commissioners of any county, or against any county officer, in an action prosecuted by or against him or them in his or their name of office, where the same shall be payable by the county, no execution shall issue upon said judgment, but said judgment shall be paid by a tax levied and collected for that purpose as in the case of other county charges, and when so collected shall be paid by the county treasurer to the person to whom the same shall be adjudged, upon the delivery of a proper voucher therefor; Provided, That execution may issue on said judgment if Proviso. payment be not made within sixty days after the time required for the payment of county taxes to the county treasurer by the proper officers of said county, in each year.

SEC. 8. The board of county commissioners shall consist of Board, how three qualified electors, and who shall hold their offices for two formed. years and until their successors are appointed, or elected, and qualified according to law, and each person elected as such commissioner, shall, on receiving a certificate of his election, take an oath to support the constitution of the United States and the organic act of this Territory, and to perform the duties of his office to the best of his ability, which oath being endorsed upon said certificate under the hand of the proper officer administering it, shall be filed by the judge of probate, and each of said commissioners shall also give bond to the people of the Territory of Wyoming in the sum of one thousand dollars, and upon the same being approved and filed by by the judge of probate, they or any two of them having filled the requirements of this section, shall be qualified to act as such commissioners, any two of whom shall be competent to transact busi

ness.

SEC. 9. The board of county commissioners of each county Place a'd time shall meet at the county seat of their respective counties on the of meeting. first Monday in January, May, July and October in each year, and at such other times as in the opinion of the board the public interest may require, or that may be required by any existing provisions of law. Such commissioners may sit four days or longer at each regular session, and two days at each special or called session, but shall not receive any compensation for any length of time over four days at regular sessions.

SEC. 10. Each member of the board of county commissioners Per diem. shall be paid, by the county, a compensation for his services and expenses in attending the meetings of said board, as provided in the preceding section, at the rate of five dollars per day for the time he shall actually attend, as shall appear on the minutes of the proceedings of said board, and including the time necessary in going to and returning from the same. They shall also be entitled to fifteen cents per mile for the distance actually traveled in going to and returning from the county seat.

SEC. 11. The board of county commissioners of each county p'wers ofcomshall have power at any meeting:

missioners,

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First, To make such orders concerning the property belonging to the county as they may deem expedient;

Second, To examine and settle all accounts of the receipts and expenses of the county, and to examine, settle and allow all accounts chargeable against the county, and, when so settled and allowed, they may issue county orders therefor as provided by law;

Third, To build and keep in repair county buildings, and, if thought advisable, to cause the same to be insured in the name of the county treasurer, for the benefit of the county, and, in case there are no county buildings, to provide suitable rooms for county purposes;

Fourth, To apportion and order the levying of taxes as provided by law;

Fifth, To represent the county and have the care of the county property and the management of the business and concerns of the county, in all cases where no other provision is made by law;

Sixth, To establish election precints at such places in the county as the convenience of the inhabitants may require ;

Seventh, To lay out, alter or discontinue any road running through the county, and also to perform such other duties respecting roads as may be required by law;

Eighth, To grant licenses for keeping ferries, toll bridges and toll gates as may be prescribed by law;

Ninth, To perform such other duties as are or may be prescribed by law.

SEC. 12. Every board of county commisioners shall have a seal or scroll, until a seal can be procured, and may alter the same at pleasure; they shall sit with open doors, and all persons conducting themselves in an orderly manner may attend their meetings, and they may establish rules and regulations to govern the transaction of their business.

SEC. 13. They shall, at the first meeting after their election, or appointment, choose one of their number chairman, who shall preside at all meetings when present, and in case of his absence either one of the other members may act as temporary chairman. SEC. 14. The chairman of said board shall have power to administer oaths to any person concerning any matter submitted to the board or connected with their powers and duties, and he shall sign all county orders.

SEC. 15. No account shall be allowed by the board of county commissioners unless the same shall be made out in separate items and the nature of each item stated; and where no specified fees are allowed by law, the time actually and necessarily devoted to the performance of any service charged in such account, shall be specified, which account so made out shall be verified by affidavit setting forth that said account is just and correct, and that the whole or no part of the same has been paid by the county, or by any individual: Provided, That nothing in this section shall be construed to prevent any such board from disallowing any acount, in whole or in part, when so rendered and verified, nor from requiring any other or further evidence of the truth and propriety thereof, as they may think proper.

SEC. 16. County orders shall be signed by the chairman and Attestation of attested by the clerk, under the seal of the county, and shall county orders. specify the nature of the claim, or service for, which they were

issued.

lowed.

SEC. 17. When any claim of any person against a county shall Claims disalbe disallowed, in whole or in part, by the board of commissioners, such person may appeal from the deccision of such board to the district court for the same county, by causing a written notice of such appeal to be served on the clerk and chairman of such board within ten days after making such decision, and by executing a bond to such county with sufficient security, to be approved by the clerk of said board, conditioned for the faithful prosecution of such appeal, and the payment of all costs that shall be adjudged Appeals. against the appellant.

SEC. 18. The clerk of the board, upon such appeal being per- Notice to co'nfected as above required, shall immediately give notice thereof to ty attorney. the county attorney, if there be one, and shall make out a brief return of the proceedings in such case before the board, with their decision thereon properly certified, and shall file the same, together with the bond and all the papers in the case in his possession, with the clerk of the district court, and such appeal shall be entered, tried and determined the same as appeals from justices' courts, and costs shall be awarded in like manner.

books

SEC. 19. The board of commissioners of their respective coun- Blank ties shall, at the expense of the county, furnish annually and in necessary. due season to the assessor and collector of the county, suitable blank books and blanks necessary for their respective offices, and prepared in accordance with law, and shall also provide suitable books and stationery for the use of each of the county officers of their county, together with appropriate cases and furniture for the safe and convenient keeping of all the books, documents and papers belonging to each of said officers, and also official seals for official seals. each of said officers, when the same are required by law.

SEC. 20. The board of commissioners of their respective coun- Statement ties, at their regular meetings, to be held in January and July in receipts. each year, shall cause to be prepared a statement of the receipts and expenditures of such county during the six months immediately preceding, setting forth the amount of money received, and

for what it has been received, setting forth also the amount Expenditures expended, and the particular objects for which, in each case, every sum of money has been expended, and such statement, signed by the chairman and clerk of the board, shall be published at least three times in some newspaper printed in the county, or, if there be none, by posting such statement in three public places in the county.

ty.

SEC. 21. If any commissioner shall refuse or neglect to perform Neglect of duany of the duties which are, or shall be, required of him by law as a member of the board of county commissioners, without just cause therefor, he shall, for each offense, forfeit a sum not less Penalty. than twenty-five dollars, nor more than one hundred dollars.

SEC. 22. Any vacancy occurring in the board of county com- Vacancies. missioners of any county by reason of death, resignation, removal, or otherwise, of one of such commissioners, the same shall be

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