Body politic.
Powers.

$ 651. Each organized county in this 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 property for the use of the county.

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 reference to the property and concerns necessary to the exercise of its corporate or administrative powers.

Fifth. To exercise such other additional powers as may be

L. 1878. chap. 1, § specially conferred by law.

1: March 1. Tr.

Donaldson vs. San Miguel County, page 263. vol. 1

§ 652. Any real or personal property heretofore or which may hereafter be transferred to any county shall be deemed the property of such county.

C. 1, L. 76, § 2: March 1. Tr. County property.

Powers, how exer

$653. The powers of a county as a body politic and cor- eised. porate shall be exercised by a board of county commissioners.

§ 654. 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 County Commissioners of the County of

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

Id. § 3.

Suits: form of.

Proviso.

Id. § 4.

Process: to be

Clerk to notify district attorney.

§ 655. In all legal proceedings against the county, process served on clerk. shall be served on the clerk of the board of county commissioners, and whenever such suit or proceeding shall be commenced it shall be the duty of the clerk forthwith to notify the district attorney of the judicial district in which the county so sued is situate, and to lay before the board of county commissioners at their next meeting all the information he may have in regard to such suit or proceeding.

Id. § 5.

Witnesses: be

$656. On the trial of any suit in which a county may interested, the inhabitants of such county shall be competent witnesses and jurors, if otherwise competent and qualified according to law.

competent as.

Id. § 6.

who

Execution not to issue: how levied

§ 657. When a judgment shall be rendered against any board of county commissioners of any county, or against any and paid. county officer in an action prosecuted by or against him in his official name, where the same shall be paid by the county, no execution shall issue upon said judgment, but the same shall be levied and paid by tax as 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.

Id. § 7.

Commissioners. board: how consti

Id. § 8.

Commissioners; election of.

$658. The board of county commissioners shall consist of three qualified electors, any two of whom shall be competent tuted. to transact business, who shall be elected according to law. § 659. At the first general election for county and territorial officers there shall be elected three county commissioners: the three persons who shall receive the highest number of votes shall be declared elected and shall hold their offices for two years, but if two or more persons shall receive the same number of votes, their election shall be determined by lot by the board of canvassers returning the election, and at every general election thereafter there shall in the same manner be elected three of the same board to hold their office for the next ensuing term.

$660. Each county shall be divided by the first board of commissioners holding office, into three compact districts, as equal in proportion to population as possible, numbered respectively by one, two and three, and shall not be subject to alteration oftener than once in two years, and one commissioner shall be elected from each of such districts by the votes of the whole county, as herein provided. Such division of the county into districts shall be made within six months after the first board of commissioners of the county have been elected to office.

Tie vote: how decided.

Id. $9.

C. 19. L. 80, § 2: Feb. 11. Tr.

§ 661. It shall be the duty of the board of commissioners to redistrict the county where the division has been made County to be re- otherwise than in proportion of population, as provided in section six hundred and sixty, within three months after the passage and approval of this act.

districted: when.

Meetings; when to be held.

L. 1876. chap. 1. § 11: March 1. Tr.

Commissioners to take oath.

§ 662. Said board of county commissioners shall meet at the county seat of each county on the first Monday in January, April, July and October in each year, and at such other times as in the opinion of the board the public interests may require.

§ 663. Each person elected as such commissioner shall on receipt of 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 discharge the duties of his office to the Oath: to indorse best of his ability, which oath being indorsed on said certificate under the hand and seal of the person administering it, shall be sufficient for such person to act as such commissioner.

on certificate.

Id. § 12.

§ 664. The board of county commissioners shall have power at any session:

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 and settle and allow all accounts chargeable against the county, and when so settled they may issue county orders therefor as provided by law.

Third. To build and keep in repair all county buildings, and in case there are no county buildings, to provide suitable rooms for county purposes.

Fourth. To apportion and order the collection of taxes by law.

Fifth. To represent the county and have the care of the county property and the management of the interest of the county in all cases where no other provision is made by law.

Sixth. To set off, organize and change the boundaries of any precinct or township in their respective counties, to designate and give the names therefor, and in case of an organization of a new precinct, they shall, within thirty days from the time such precinct was organized, order an election for justice of the peace and constable for such precinct, as provided by law.

Seventh. To lay out, alter or discontinue any road running through one or more precincts or townships in such county, also to perform such other duties respecting roads as may be required by law.

Eighth. To grant all licenses as may be provided by law, and every officer and person now required by law to make a return or render an account to the judges of probate, except in matters pertaining to probate, shall make and render the same to the various boards of county commissioners in the manner now required by law:

Ninth. Said board of commissioners shall also appoint the board of registration, for the registration of the legal voters, and also the judges of election, for all the elections held in

their respective counties.

Also act as boards of canvassers of the elections within their respective counties; and shall count the votes cast in any election within their respective counties, and shall determine the result thereof from the returns of the judges of election of the various precincts, and shall declare the result of said election, and shall immediately issue a certificate of election under their hands to the person that may have received the highest number of votes for any office. That the judges of election shall make their returns to the commissioners of their respective counties, in the same manner as they are now required by law to make the same to the judges of probate and under the same penalties. The votes cast in any election shall be canvassed and counted within the time now prescribed by law and the said boards of commissioners shall discharge all the duties and shall exercise all the powers now exercised by the several probate judges relative to elections, as now required by law, and shall be subject to the same penalties for any failure in the discharge of their duties, or abuse or usurpation of power.

Bull vs. Southwick, vol. 2, page 321.

Tenth. They shall also constitute boards of equalization of taxes and to hear appeals from the action of the assessors who make the assessments; they shall revise the lists of assessments within their respective counties, and shall correct the same, and shall hear and determine all appeals of assessments that may be brought before them, as required by law, and in no event shall the said commissioners levy any assessment of taxes exceeding one per cent.

Eleventh. They may order and direct the construction of bridges and provide and appropriate funds therefor.

Officers: compensation to be provid

Provisos.

Compensation:

Twelfth. They shall fix the sum of compensation to be paid to the county officers, which compensation is not now fixed by ed. law, and shall provide for the payment of the same: Provided, That no change in the compensation of any county officer shall be made or take effect before the 1st day of January, 1877: And provided, further, That after said date no salary nor compensation shall be permitted or paid to any county officer exceeding the sum of two hundred dollars per annum in addition to such fees as are provided by law, and said board of commissioners shall not have power to create nor establish any new office within their respective counties.

Thirteenth. The boards of county commissioners in the unincorporated county seats of this territory shall have the same powers as are now possessed by the boards of trustees and city council in the incorporated towns and cities of this territory, with reference to the care, opening, altering, changing and grading of roads and streets in their respective county seats, and with reference to the laying of sidewalks and taking care of the same: Provided, That the county shall not pay any of the expenses in making such improvements or changes.

limit of.

Id. § 14.

Additional

pow

ers.

C. 30. L. 97. § 1: March 7.

County commis sioners may revise

Fourteenth. The board of county commissioners of the respective counties shall, at any time before any taxes of any assessments. person or corporation that are due or that may become due hereafter, have power, before such taxes are paid, to revise the assessment made of the property of any such person or

Fe.. 21.

C. 74, L. 87, § 1: corporation on the application of such person, his or its agent or attorney; and if upon such revision it shall appear to the board of county commissioners that such assessment is excessive, said board shall have power to reduce the same to whatever amount they may believe to be correct and just, and shall credit the sheriff (collector) with the amount of such reduction, and taxes found due on such correction shall be paid within sixty days thereafter, after which time they shall bear interest, as now provided by law for other taxes. Fifteenth.

County commissioners to fill vacan

See § 842.

Hereafter when any vacancy occurs, either by ey in county offices. death, resignation, failure to qualify or otherwise in any county office, except that of a member of the board of county commissioners, the board of county commissioners of the county where such vacancy occurs shall fill such vacancy by appointing a competent and qualified person to such office which may be vacant, who shall be a resident of the county and shall occupy and fill such office, and discharge the duties thereof during the remainder of the term of such office and until his successor is elected and qualified according to law.

C. 18. L. 89. § 1: Feb. 2.

Precincts: tion of.

crea

L. 1876. chap. 1. § 15: March 1. Tr.

Seal or scroll.

Sessions public.

Id. § 16.

Chairman; how

chosen.

Id. § 17.

Chairman

has

power to administer oaths.

§ 665. The board of county commissioners shall not set off or organize any new precinct or demarcation unless a petition be first presented to the board signed by at least fifty citizens residents therein: and precincts so created or townships shall be as compact in form and cover as small an area as practicable and shall be established and their boundaries fixed so as to serve the greatest convenience of the people.

§ 666. Every board of county commissioners shall have a seal, or scroll until a seal can be procured, and may alter the same at pleasure. Their sessions shall be public 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 busi

ness.

§ 667. They shall at the first meeting after their election. and after every annual election choose one of their number chairman, who shall preside at such meeting and all other meetings during the year if present, but in case of his absence from such meeting the members present shall choose one of their number as temporary chairman.

§ 668. The chairman of said board shall have power to administer oaths to any person concerning any matter submitChairman to sign ted to the board or connected with their powers and duties, and he shall sign all orders on the county treasury.

all orders.

Id. § 18. Accounts to be itemized.

$669. No account shall be approved 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 fees are allowed by law, the time actually and necessarily devoted to the performance of any services, charged in such account Disapproval at dis- so made out shall be verified by affidavit: Provided, That

cretion.

Id. § 20.

nothing in this section shall prevent any board from disapproving any account 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.