sioner elected

next highest number of votes shall serve two years; and the person having the next highest number of votes shall serve one year; and thereafter, annually, one commissioner shall be elected, who shall serve One commisthree years; and each commissioner elected according annually after to the provisions of this act, shall continue in office first year. until his successor is elected and qualified. But if two or more persons shall have an equal number of votes as above, their grade shall be determined by lot by the clerk, in the presence and under the direction of the sheriff of their respective counties.

body corporate.

SECTION 3. Each person elected as a commissioner To take oath. shall, on receiving a certificate of his election, take an oath, faithfully and impartially to discharge the duties of his office as such commissioner, before some person legally authorized to administer the same, which oath being certified on the back of such certificate, under the hand and seal of the person administering the same, shall be sufficient authority for such commissioner to take his seat with, and act as a member of the board during the time for which he was elected. SECTION 4. The county commissioners thus elect- Board to be a ed and qualified shall be considered a body corporate and politic, by and under the name and style of "the board of commissioners of the county of" (naming the county,) and as such, by and under such name and style, may sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto Their powers in any court, either in law or equity, and do and transact all business on behalf of their respective counties that may be assigned them from time to time by law. And in all cases where their respective counties may have been injured, or may hereafter be injured in their goods, chattels, lands, tenements, rights, credits, effects or contracts, such commissioners shall and may, by and under their corporate name and style, without setting out their individual names, bring any suit or suits, action or actions, either in law or equity, which may be best calculated to obtain redress for any such injury in the same way and manner that private individuals might or could do; and may in like way and manner, by and under their corporate name and style, be sued by any person or persons having any manner of claims against such county.

SECTION 5. The board of commissioners shall meet

aud duties.

When and

where to meet.

at the court house in each and every county, for the purpose aforesaid, or at the usual place of holding the district court in such county, on the first Mondays in April, July, October and January in each and every Length of ses- year, and may sit six days at each term, if the business of the county shall require it: provided, however, if the district court shall meet on any of the before mentioned days, the commissioners shall meet on the Monday preceding.

sion.

May appoint a clerk.

SECTION 6. The said board of commissioners shall appoint a clerk who shall attend the meeting of the board of commissioners, and keep a record of their proceedings, and do such other business as he shall be Sheriff to attend required by law to do. And the sheriff of the county shall also, by himself or deputy, attend said board and execute their orders.

the board.

Money advanced by county officer to be first paid.

SECTION 7. When money has been advanced by any clerk or other county officer for the use and benefit of his county, pursuant to the requisitions of law, the board of commissioners shall order such money so advanced to be first paid; and when there is any judgment or judgments against any county in the terJudgments how ritory, the board may, in their discretion, order when and in what manner such judgment shall be discharg ed, not inconsistent with the constitution of the United States, any law to the contrary notwithstanding.

satisfied.

In case of a di

be continued.

filled.

SECTION 8. When two only of the members shall vision, cause to be present at the meeting of the board, and a division shall take place on any question, it shall be continued until the next meeting, before it shall be finally deter Vacancy, how mined. When any vacancy shall happen in the office of commissioner, the clerk being notified of the same, shall immediately direct the sheriff of the county, whose duty it shall be to order an election to be holden, for the purpose of filling such vacancy, thirty days previous notice of such election being first given, either by publishing the same in the county newspaper, or putting up notices in three different public places in said county.

County tax to

April term.

SECTION 9. It shall be the duty of the board of be levied at the commissioners, at their April session, in each year, to receive and inspect the assessors' books, and levy a county tax, according to law; and cause their clerk to . make out a duplicate, for collection, accordingly.

Common seal.

SECTION 10. The commissioners of each county,

respectively, shall have and use a common seal, for

commissioners

the purpose of sealing their proceedings; and copies Proceedings of the same, when signed and sealed, by said commis- when signed by sioners, and attested by their clerk, shall be good evi- to be evidence. dence of such proceedings, on the trial of any cause, in any court in this territory. The commissioners aforesaid, at their session in January, or when the district term prevents their meeting in January, then at their first meeting thereafter, in every year, shall make a fair and accurate statement of the receipts and expen- Statement of reditures of the preceding year, and have the same set ceipts and exup at the court house door, and at two other public when made. places in their county, respectively, and published in some newspaper in their county, if there be any. And if the said commissioners, or either of them, af

penditures

performance of

ter accepting their appointment, shall neglect or re- Penalty for nonfuse to do his or their duty, in office, he or they so duty. offending, shall, on conviction by indictment before the district court of the proper county, be fined in any sum not exceeding two hundred dollars.

to perform the

SECTION 11. That all the duties, heretofore re- Commissioners quired of the board doing county business in the sev- duties of former eral counties in this territory, and not included or county board. otherwise directed in this act, be and the same is hereby made the duty of said commissioners, to do and perform, in the same manner as though it was named in this act.

SECTION 12. The commissioners so elected and Compensation. qualified, shall receive three dollars per day for each and every day that they may necessarily be employed in transacting the county business; and said board of commissioners, when organized, shall possess the pow Powers. ers and authority, heretofore given to the county board of supervisors.

abate

SECTION 13. All suits, pleas, complaints, prosecu- Suits not to tions and proceedings, which may be pending in any court, to be tried for or against any board of supervisors, previous to the taking effect of this act, shall be prosecuted to a final judgment and execution, in the same name and manner, as the same might have been

done had this law not been passed; and all contracts, nor contracts 10 either written or verbal, made by such board of su- be invalidated. pervisors, previous to the taking effect of this act, shall remain valid in law and equity, and suit may be thereupon brought, in the same way and manner, as

Duties of clerks.

Couuty order

to pay taxes.

the same might have been, had this act not been passed, with the difference, that the corporate name of the commissioners shall be used, instead of the board of supervisors.

SECTION 14. It shall be the duty of the clerks of the several boards of commissioners, to keep fair books, wherein shall be kept the accounts of the county, to attest all orders issued by the board for the payment of money, and enter the same in numerical order, in a book to be kept for that purpose; and shall copy into their said books the reports of the treasurer of the receipts and disbursements of their respective counties; and whenever the duplicate shall be put into the hands of the collector, it shall be the duty of the said clerks to send a statement of the sum wherewith such collector stands charged, to the county treasurer.

SECTION 15. When the holder of an attested county may be divided order in his own name, of a larger amount than his county tax, is desirous of appropriating a part of such order to the payment of such tax, he is hereby authorized to apply to the clerk of the board of commissioners, whose duty it shall be to give to the holder of such order, and in exchange therefor, two or more attested county orders, making together the same amount with the original order, which shall be thereupon cancelled. And such clerk shall insert in every such order, that the same, with others, were so given in exchange to (name the person,) for such original order, together with the number and amount of such original order, one of which orders shall be for the amount of his tax, and shall appear on its face to have been intended for the payment thereof.

Must be receiv

SECTION 16. Every collector of county taxes is ed in payment. hereby required to receive any regularly attested county order made by the board of commissioners, when the same may be tendered to him by any person in payment of such person's taxes due such county.

Officers not to buy county or ders at a discount.

SECTION 17. No collector or other person doing county business, shall, either directly or indirectly, purchase or receive in payment, exchange, or in any way whatever, any demand against his county or any county order for a claim allowed by the board of commissioners, at any time during the period for which he

to that effect.

may be elected, for a less amount than that expressed on the face of such order or demand against the county; and every person elected or appointed to do county business, before entering upon the duties of his office, shall take an oath not to violate the pro- Must take oath visions of this section. And any collector or other person doing county business offending against the provisions of this section, on conviction thereof upon indictment or presentment, shall be fined for every such offence in any sum not exceeding five hundred Penalty. dollars.

of clerk

SECTION 18. The boards of commissioners shall an- Compensation nually allow their clerk such compensation per day as they may deem reasonable, not to exceed three dollars while in session; and likewise to the sheriff, one dol and sheriff. lar and fifty cents per day for his attendance upon the board; and further, that the board of commissioners may allow the clerk and sheriff any sum they may deem reasonable for extra services, not exceeding Extra pay. seventy-five dollars to each per annum.

SECTION 19. From all the decisions of the several Appeals. boards of commissioners there shall be allowed an appeal to the district court by any person or persons aggrieved; and the person or persons appealing shall take the same within thirty days after such decision, by giving bond, with security to the acceptance of the clerk of said board, conditioned for the faithful prosecution of such appeal and the payment of costs already accrued and which may thereafter accrue, if the same shall be adjudged by the said court to be paid by such appellant; and the clerk shall record such appeal, When to be with the cases pending in the district court within recorded. twenty days after the taking of such appeal.

district court.

SECTION 20. In any county where there is no court Board to provide house provided, it shall be the duty of the board of rooms for the commissioners to provide suitable rooms for the holding of the district court in said county. SECTION 21. It shall be the duty of the board of To provide commissioners to provide all books and stationery ne cessary for the use of said board, all books and stationery necessary for the use of the register of deeds, and all books and stationery necessary for the use of the clerk of the district court, the probate court and

treasurer.

SECTION 22. The said board of commissioners are

books and stationery.