COUNTY AND TOWNSHIP OFFICERS.

An Act to create a Board of County Commissioners in the several counties of this state and to define their duties and powers.

Approved March 8, 1865, 257.

Commissioners, When Elected and Terms of Office-Vacancies, How Filled.

2104. SECTION 1. At the general election of the several counties in this state, in A. D. eighteen hundred and seventy, by the qualified electors of each county, a Board of County Commissioners, to consist of three members, shall be elected, to possess such qualifications and to have such powers as hereinafter provided; provided, that in any county where, at the last general election, there were polled four thousand or more votes, such board shall consist of five members. At the general election in A. D. eighteen hundred and seventy, and at such election held every two years thereafter, there shall be elected in such county one Commissioner to serve upon the Board of County Commissioners for the term of four years; and a term of four years shall be known, both in this Act and for the purpose of the election of County Commissioners, as the long term; and the other Commissioner or Commissioners, as the case may be, necessary to fill the board, shall, at said election, be elected to serve upon the board for the term of two years; provided, that in any county or counties which are or shall be under the provisions of this Act entitled to a board consisting of five County Commissioners, two of the Commissioners shall be elected to serve upon the board for the long term. In any county wherein at the last or any future general election there were or shall be polled for the first time four thousand or more votes, the board shall be increased to five members by appointment of the Governor, and such appointees shall hold their offices until the first Monday of January following the then next general election; and at such next general election in such county or counties, five County Commissioners shall be elected as provided in this section of this Act. Any vacancy or vacancies occurring in any Board of County Commissioners shall be filled by appointment of the Governor, and such appointee or appointees shall hold his or their offices until the first Monday of January following the then next general election, except as provided otherwise in this Act. As amended, Stats. 1869, 92.

NUMBER OF COMMISSIONERS MAY BE INCREASED OR DECREASED BY LEGISLATURE. Copeland v. Woodbury, 17 Nev. 337.

Qualifications and Terms of Office-Proviso.

2105. SEC. 2. Said Commissioners shall be qualified electors of their respective counties, and shall enter upon their duties on the first Monday of January succeeding their election, and shall hold their offices two or four years, as the case may be, as provided in this Act; and the term of office of two years or four years, as the case may be, shall expire at twelve o'clock p. m. of the day preceding the first Monday in January following a general election. No county or township officer shall be eligible to the office of Commissioner. On entering upon the discharge of the duties of his office, each Commissioner, whether elected or appointed under the provisions of this Act, shall take and subscribe to the oath of office as prescribed by law; provided, that in case such Commissioner shall neglect or refuse, during the period of fifteen days from and after the first Monday of January succeeding his election, to take the oath of office as herein directed, his office shall be deemed vacant, and such vacancy shall be filled by appointment as provided in section one of this Act; and, provided further, that the term of office of a person appointed to the office of County Commissioners shall not by virtue of the appointment extend beyond the hour of twelve o'clock p. m. of the day preceding the first Monday of January next following a general election. As amended, Stats. 1869, 92.

for each mile actually traveled in going to and returning from the place of meeting, which said mileage shall, however, be computed, in all cases, upon the shortest route, if there be two or more routes, to the said place of meeting; provided, that each member may be allowed not exceeding twenty dollars for the purchase of newspapers and stationery during each session. As amended, Stats. 1893, 73.

Superintendent and Matron of Orphans' Home.

2099. SEC. 8. From and after the first day of January, eighteen hundred and eighty-three, the salary of the Superintendent and Matron of the State Orphans' Home shall be two thousand dollars per annum for the services of both, and the salary of the teacher shall not exceed seven hundred and fifty dollars per annum.

State Printer.

2100. SEC. 9. From and after the first day of January, eighteen hundred and eighty-three, the Superintendent of State Printing shall receive two thousand dollars per annum, which shall be in full for his services as Superintendent of State Printing.

An Act reducing and regulating the salaries and compensation of certain attaches of the government of the State of Nevada.

Deputy State Officers.

Approved March 6, 1893, 86.

2101. SECTION 1. From and after the first Monday of January, A. D. eighteen hundred and ninety-five, the following salaries shall be paid to the following named attaches of the state government: To the Governor's Private Secretary and ex officio Adjutant-General, twelve hundred dollars per annum, and he shall act as Clerk of the Board of Pardons without further compensation. To the Deputy Secretary of State, twelve hundred dollars per annum, and he shall act as Clerk of the Board of Examiners and of the State Prison Commissioners without further compensation. To the Deputy State Controller, twelve hundred dollars per annum, and he shall act as Clerk of the Board of State Printing Commissioners without further compensation. To the Deputy in the SurveyorGeneral and State Land Register's office, twelve hundred dollars per annum, payable out of the state school fund. To an additional clerk in the Land Register's office, when his employment is authorized by law, twelve hundred dollars per annum, payable out of the state school fund.

For salary of Deputy Treasurer, see next section.

* * *

An Act fixing the salary of the Deputy State Treasurer of the State of Nevada. Approved March 14, 1899, 84.

Salary of Deputy State Treasurer.

2102. SECTION 1. From and after the passage of this Act the salary of the Deputy State Treasurer of Nevada shall be fourteen hundred dollars per annum, payable as other salaries are now paid.

Shall Act as Clerk.

2103. SEC. 2. He shall act as Clerk of the Board of Commissioners for the Care of the Insane, without further compensation.

COUNTY AND TOWNSHIP OFFICERS.

An Act to create a Board of County Commissioners in the several counties of this state and to define their duties and powers.

Approved March 8, 1865, 257.

Commissioners, When Elected and Terms of Office-Vacancies, How Filled.

2104. SECTION 1. At the general election of the several counties in this state, in A. D. eighteen hundred and seventy, by the qualified electors of each county, a Board of County Commissioners, to consist of three members, shall be elected, to possess such qualifications and to have such powers as hereinafter provided; provided, that in any county where, at the last general election, there were polled four thousand or more votes, such board shall consist of five members. At the general election in A. D. eighteen hundred and seventy, and at such election held every two years thereafter, there shall be elected in such county one Commissioner to serve upon the Board of County Commissioners for the term of four years; and a term of four years shall be known, both in this Act and for the purpose of the election of County Commissioners, as the long term; and the other Commissioner or Commissioners, as the case may be, necessary to fill the board, shall, at said election, be elected to serve upon the board for the term of two years; provided, that in any county or counties which are or shall be under the provisions of this Act entitled to a board consisting of five County Commissioners, two of the Commissioners shall be elected to serve upon the board for the long term. In any county wherein at the last or any future general election there were or shall be polled for the first time four thousand or more votes, the board shall be increased to five members by appointment of the Governor, and such appointees shall hold their offices until the first Monday of January following the then next general election; and at such next general election in such county or counties, five County Commissioners shall be elected as provided in this section of this Act. Any vacancy or vacancies occurring in any Board of County Commissioners shall be filled by appointment of the Governor, and such appointee or appointees shall hold his or their offices until the first Monday of January following the then next general election, except as provided otherwise in this Act. As amended, Stats. 1869, 92.

NUMBER OF COMMISSIONERS MAY BE INCREASED OR DECREASED BY LEGISLATURE. Copeland v. Woodbury, 17 Nev. 337.

Qualifications and Terms of Office-Proviso.

2105. SEC. 2. Said Commissioners shall be qualified electors of their respective counties, and shall enter upon their duties on the first Monday of January succeeding their election, and shall hold their offices two or four years, as the case may be, as provided in this Act; and the term of office of two years or four years, as the case may be, shall expire at twelve o'clock p. m. of the day preceding the first Monday in January following a general election. No county or township officer shall be eligible to the office of Commissioner. On entering upon the discharge of the duties of his office, each Commissioner, whether elected or appointed under the provisions of this Act, shall take and subscribe to the oath of office as prescribed by law; provided, that in case such Commissioner shall neglect or refuse, during the period of fifteen days from and after the first Monday of January succeeding his election, to take the oath of office as herein directed, his office shall be deemed vacant, and such vacancy shall be filled by appointment as provided in section one of this Act; and, provided further, that the term of office of a person appointed to the office of County Commissioners shall not by virtue of the appointment extend beyond the hour of twelve o'clock p. m. of the day preceding the first Monday of January next following a general election. As amended, Stats. 1869, 92.

Meetings of Board-Board of Canvassers.

2106. SEC. 3. The meetings of the Board of County Commissioners shall be held at the county seats of their respective 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; provided, that in all counties containing a voting population of five hundred and thirty-five but less than five hundred and seventy-five, to be determined by the vote cast therein for Representative in Congress at the general election in the year 1896, special meetings may be held at the county seat for the transaction of business pertaining to the county whenever such meeting shall be authorized by the board by resolution duly adopted and entered upon its minutes at a regular meeting; the members attending such special meeting or meetings shall be entitled to the same mileage as is now provided by law to be paid them for attendance at regular meetings. The board shall also meet on the tenth day after each general election to canvass election returns. As amended, Stats. 1897, 90.

Brumfield v. Com. Douglas County, 2 Nev. 65.

MEETINGS OF COMMISSIONERS. State v. Manhattan S. M. Co., 4 Nev. 318.

Special Meetings.

2107. SEC. 4. If, at any time after the final adjournment of a regular meeting, the business of the county shall require a 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.

COUNTY COMMISSIONERS-MEETINGS-RECORDS. Any act of a Board of County Commissioners as such, between its regular meetings, is void where its records show that at the last preceding regular meeting such meeting had been adjourned sine die and fail to show a compliance with above section. Beck v. Com. Washoe Co., 22 Nev. 15.

Quorum-Clerk-Absence of Chairman:

2108. SEC. 5. A majority of the board shall form a 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 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 board, all documents, records, or papers requiring the signature of the board, shall be signed by the members present.

POWERS OF COUNTY COMMISSIONERS LIMITED AND SPECIAL. If the authority of the Board of County Commissioners, acting under limited and special powers, to do a particular thing is questioned, their record must exhibit affirmatively all the facts necessary to give them authority to do such thing, otherwise the presumption is against their jurisdiction. Swift v. Ormsby Co., 6 Nev. 95.

JURISDICTION OF COMMISSIONERS MUST BE AFFIRMATIVELY SHOWN. Whenever the jurisdiction
of the Board of County Commissioners depends upon certain facts to be ascertained and
determined by it, its record should show that it acted upon the evidence presented and
adjudged the facts to be sufficent. Johnson v. Eureka Co., 12 Nev. 28; Godchaux v.
Carpenter, 19 Nev. 415.

RECORDS BOARD OF COMMISSIONERS AS BOARD OF EQUALIZATION. State v. C. P. R. R. Co., 17
Nev. 259.

Compensation of Clerk.

2109. SEC. 6. The Clerk shall receive a compensation for his 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.

Records Kept at Office of Clerk.

2110. SEC. 7. The books, records, and accounts of the board shall be kept at the office of the Clerk of the Board, and shall, during business hours, be open to public inspection free of charge.

Powers and Jurisdiction of Board.

2111. SEC. 8. The Board of Commissioners shall have power and jurisdiction in their respective counties:

First-To 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 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 to the best of their knowledge and ability.

Tenth To sell at 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; prorided, 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 proposals therefor—to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same. But no bid shall be accepted which the board may deem too high.