when and

1944. SEC. 3. The meetings of the Board of County Meetings, Commissioners shall be held at the county seats of their respective where held. counties on the first Mondays of January, April, July, and October, of each year, and shall continue from time to time, until all the business before them is disposed of. The board shall also meet on the tenth day after each general election, to canvass election returns.

1943.

Brumfield v. Board of County Commissioners of Douglas county,
2 Nev. 65.

SEC. 4. If, at any time after the final adjournment Special of a regular meeting, the business of the county shall require a meetings. meeting of the board, a special meeting of the same may be ordered by a majority of the board. The order shall be entered on the records of the board, and the Clerk shall give at least five days notice of such special meeting to any member of the board not joining in the order; and shall give notice for one week, by publication in a newspaper, if one be published in the county; if none, by notice posted on the court house door. The order shall specify the business to be performed, and no other shall be transacted at such special meeting.

Section 4 is amended by the Act of 1881, 37, but the amendatory
Act is limited to counties polling fifteen hundred votes in 1882.

1946. SEC. 5. A majority of the board shall form a Quorum. quorum for the transaction of business, and all sessions of the board shall be public. They shall elect one of their number as Chairman of the board, and the County Clerk shall be Clerk Clerk. thereof. The Clerk shall keep a full and complete record of all the proceedings of the board, and all their proceedings shall be entered on the records. The record of each day's proceedings of said board shall be signed by the Chairman and the Clerk. In case the Chairman shall be absent at any meeting of the Absence of board, all documents, records, or papers requiring the signature of the board, shall be signed by the members present.

State v. Central Pacific R. R. Co., 17 Nev. 259.

Chairman.

tion of Clerk.

1947. SEC. 6. The Clerk shall receive a compensation for Compensahis services of five dollars per day for each day actually employed; in no case to exceed one hundred dollars per annum in the aggregate, and no fee, or other compensation whatever, shall be allowed the Clerk for any service connected with the proceedings or business of the Board of County Commissioners. 1948. SEC. 7. The books, records, and accounts of the Records to be board shall be kept at the office of the Clerk of the board, and kept at office shall, during business hours, be open to public inspection free of charge. 1949. SEC. 8. SEC. 8. The Board of Commissioners shall have Powers and power and jurisdiction in their respective counties: First-To jurisdiction make orders respecting the property of the county in conformity with any law of this state, and to take care of and preserve such property. Second To examine, settle, and allow all accounts

of Clerk.

of board.

Sec. 1949.

Same.

Same.

legally chargeable against the county, in the manner provided
in this Act; and to levy, for the purposes prescribed by law,
such amount of taxes on the assessed value of real and personal
property in the county as may be authorized by law; provided,
the salary of the District Judge need not be audited by the
board, but the County Auditor shall, on the first day of each
quarter year, draw his warrant on the County Treasurer in
favor of the District Judge, for the amount due such Judge as
salary for the quarter year preceding. Third-To examine and
audit the accounts of all officers, having the care, management,
collection, or disbursement of any money belonging to the
county or appropriated by law, or otherwise, for its use and
benefit. Fourth-To lay out, control, and manage public
roads, turnpikes, ferries, and bridges within the county, in all
cases where the law does not prohibit such jurisdiction, and to
make such orders as may be necessary and requisite to carry its
control and management into effect. Fifth-To take care of
and provide for the indigent sick of the county, in such a
manner only as is or may be provided by law. Sixth-To divide
the county into townships and to change the divisions of the
same, and to create new townships as the convenience of the
county may require. Seventh-To establish, change, and
abolish election precincts, and to appoint Inspectors and Judges
of Elections. Eighth-To control and manage the property,
real and personal, belonging to the county, and to receive, by
donation, any property for the use and benefit of the county.
Ninth-Lease or purchase any real or personal property,
necessary for the use of the county; provided, no purchase of
real property shall be made unless the value of the same be
previously appraised and fixed by three disinterested persons,
to be appointed for that purpose by the District Judge, who
shall be sworn to make a true appraisement thereof, according
Tenth-To sell at
to the best of their knowledge and ability.

public auction, at the court house of said county, after at least
thirty days previous public notice (in the same manner as
required by law for the sale of like property on execution), and
cause to be conveyed any property belonging to the county,
appropriating the proceeds of such sale to the use of the same.
Eleventh--To cause to be erected and furnished, a court house, jail,
and such other public buildings as may be necessary, and to keep
the same in repair; provided, that the contract for building the
court house, jail, and other buildings, be let out, after at least
thirty days previous public notice, as provided in subdivision
ten of this section-in each case of a readiness to receive pro-
posals therefor-to the lowest bidder, who will give good and
sufficient security for the completion of any contract which he
But no bid shall be accepted
may make respecting the same.
which the board may deem too high. Twelfth-To control the
prosecution or defense of all suits to which the county is
party; and to offer and allow rewards for the apprehension or
conviction of defaulting or absconding county or township
officers. Thirteenth-To do and perform all such other acts

Sec. 1951.

and things as may be lawful and strictly necessary to the full
discharge of the powers and jurisdiction conferred on the board.
-As amended, Stats. 1871, 47.

Champion v. Sessions et al., 1 Nev. 478; Waitz v. Ormsby County,
1 Nev. 370; Humboldt County v. Com. of Churchill County,
Nev. 30; State ex rel. Swift v. Com. of Ormsby County, 6 Nev.
95: State ex rel. Hess v. Com. of Washoe county, 6 Nev. 104;
Ellis v. Washoe County, 7 Nev. 291; State ex rel. Mason v.
Ormsby County Com. 7 Nev. 392; Clarke v. Lyon County, 8 Nev.
181; State v. Central Pacific R. R. Co., 9 Nev. 79; State v. Cen-
tral Pacific R. R. Co., 10 Nev. 48; Johnson v. Eureka County,
12 Nev. 28; Saddler v. Commissioners Eureka County, 15 Nev. 39.

1950. SEC. 9. Every demand against the county, except Allowance on the salaries of the Auditor and District Judge or Judges, shall demands. be acted on by the Board of County Commissioners, and allowed or rejected in order of presentation, and must, after having been approved by the Board of County Commissioners, before. it can be paid, be presented to the County Auditor to be allowed, who shall satisfy himself whether the money is legally due and remains unpaid, and whether the payment thereof from the treasury is authorized by law, and out of what fund. allow it, he shall indorse upon it the word " If he name of the fund out of which it is payable, with the date of allowed," with the such allowance, and sign his name thereto, and draw his warrant on the county treasury for the amount allowed. No demand shall be approved, allowed, audited, or paid unless each several item, date, and value composing it be indorsed upon the same, by the order of the Board of County Commissioners, together with a reference to the law, order, contract, or authority, by title, date, and section, authorizing the same.

refuses to

1951. SEC. 10. The County Auditor shall sign no warrant Copy of order authorizing the payment of money by the Treasurer (except for of allowance. the salary of the Auditor and District Judge or Judges), until a copy of the order of the Board of County Commissioners, allowing the amount, and ordering the payment thereof, together with the account, have been submitted to him, and his allowance indorsed on such order, unless the said Auditor shall refuse Proceedings to audit and allow the same, in which latter case the order shall when Auditor be presented to the Board of County Commissioners, with the allow. refusal of the Auditor indorsed, and his reasons for such refusal; and should the board order the issuance of such warrant, by a unanimous vote of all the members elected or appointed, the County Auditor shall immediately issue such warrants upon service upon him of a copy of such order of the board, certified to by the Clerk of the Board, that all the members elect voted for its passage; otherwise, the account shall be declared rejected, and no warrant shall thereupon issue. And if said Auditor allow such account in part, a warrant shall only issue for such part, unless the board, by a similar unanimous vote, allow a greater sum. No warrant shall be drawn by the Auditor on the County Treasurer on any fund, unless the money be therein at the time to pay the same; and any warrant drawn contrary to

Sec. 1952.

Duties of
Auditor.

Indebtedness te be

deducted.

Board of
Canvassers.

District
Judge or
Judges to

canvass.

this provision of this section shall be void for all purposes what

soever.

The Auditor shall number and keep a 1952. SEC. 11. record of all demands allowed, showing the number, date, date of approval, amount, and name of the original holder, on what account allowed, and out of what fund payable. The County Auditor is required to be constantly acquainted with the exact condition of the treasury, and every lawful demand upon it; and shall report to the Board of County Commissioners, at each regular meeting thereof, the condition of each fund in the treasury. He shall keep a complete set of books for the county, which shall be open to the inspection of the public, free of charge, during business hours, in which shall be set forth in a plain and business like manner every money transaction of the county, so that he can, at any time when requested, tell the state of each fund, where the money came from, to what fund it belonged, and how and for what purpose it was expended, and also the collection made, and the money paid into the treasury by each and every officer.

1953. SEC. 12. No demand upon the treasury shall be approved by the Board of County Commissioners or allowed by the Auditor in favor of any person or officer in any manner indebted to the county, without first deducting the amount of such indebtedness; nor to any person or officer having the collection, custody, or disbursement of public funds, unless his account has been duly presented, passed, approved, and allowed as required by law; nor to any officer who shall have neglected or refused to comply with any of the provisions of this or any other Act regulating the duties of such officer, on being required, in writing, to comply therewith by any member of the Board of County Commissioners.

1934. SEC. 13. The Board of County Commissioners shall also act as a Board of Canvassers, and declare election returns, and cause a certificate of election to be given by their Clerks to any person who shall be elected to any legislative, county, or township office within their county; provided, that when the election shall be held for Legislators or County Commissioners, the District Judge or Judges shall canvass and declare the election returns for such Legislators or Commissioners for which purpose all election returns shall be sealed and delivered according to law, to the County Clerk, and by him opened in the presence of the District Judge or Judges, who shall declare the result as to Legislators or County Commissioners, and the Clerk shall give to such persons elected as Legislators or County County Clerk Commissioners a certificate of his election, and the Board of County Commissioners shall then canvass the returns as to other offices; and, provided further, that when said Board of County Commissioners shall have canvassed the vote for Legislators, county, and township officers, and it shall appear from such canvass that any Legislator, county, or township officer voted for at such election has received a majority of ten votes, or less, in such case, upon application of the defeated candidate for such

to issue
certificates.

Sec. 1957.

for recount.

count.

office, setting forth, under oath, that he has reason to believe, Application and does believe, that a mistake or mistakes have occurred on the part of the Inspector of Election in any election precinct or precincts in said county sufficient to change the result of such election so far as said office is concerned, it shall then be the duty of said Board of County Commissioners to immediately proceed to recount the ballots for said office of any or all the precincts in said county wherein any mistake or mistakes are alleged to have occurred, and shall continue such count from day to day (Sundays excepted), until the votes of all the election Time of precincts wherein any such mistake or mistakes are alleged to have occured shall have been counted, and when said count is completed shall declare the result, and issue the certificate of Completion election to the party entitled thereto, as determined by their result said count, but they shall in no case be allowed to throw out declared. any ballot upon any alleged legal defect, if from the face of such ballot it can, upon inspection, be ascertained for whom the elector intended to cast his ballot; and, provided further, that nothing herein contained shall prevent either party to said proceeding to contest the right to said office in the courts, in the manner now prescribed by law.-As amended, Stats. 1877, 83; 1879, 118.

of count,

new bonds of officers.

1955. SEC. 14. The Board of County Commissioners shall, May require by an order to that effect entered upon the record, require new bonds of any county or township officer, with additional securities, whenever they deem the same necessary, and may require of all county or township officers, intrusted with the collection, management, safe keeping, or disbursement of public funds, a monthly report of all collections and disbursements made by them during the preceding month; and may at any time examine their books, accounts, and vouchers. They shall see that all the county and township officers intrusted with the collection, disbursement, safe keeping, or management of the public revenue, faithfully perform the duties imposed upon them by law, and shall cause them to be prosecuted for any delinquencies.

finances.

1956. SEC. 15. The Boards of County Commissioners shall, To publish within sixty days after the passage of this Act, ascertain the statement of amount of the existing debt of their respective counties, and the amount and condition of all revenue and property belonging to the county, and cause a statement of the same to be made out and published; and quarterly thereafter, the board shall publish a statement of the receipts and expenditures of the three months next preceding, and the accounts allowed. Said publications shall be made by making one insertion of the statement in a newspaper published in the county, but if no newspaper be published in the county, then such publication shall be made by posting a copy of said statement at the court house door, and at two other public places in the county.

expenses to

exceed

1957. SEC. 16. The Board of County Commissioners shall Not to incur not, for any purpose, contract debts or liabilities, except those expressly authorized by law; and whenever debts or liabilities revenue. shall have been created, which, added to the salaries of county