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sioners, the best interest of the county may require. As amended, Stats. 1887, 111.

State v. Storey Co., 17 Nev. 96.

Sec. 23 of the salary act is not repugnant to this section. There is no conflict between these acts. Esser v. Spaulding, 17 Nev. 290, 309.

The act of 1879, 35, was not repealed by

this act. State ex rel. School Trustees v.
County Commissioners, 17 Nev. 96, 103.
Cited, State ex rel. Holley v. Boerlin, 30
Nev. 490 (98 P. 402).

An Act providing for the publication of all bills allowed by the boards of county commissioners in this state.

Approved February 1, 1893, 13

1541. To publish claims allowed.

SECTION 1. The county commissioners of the different counties in this state shall cause to be published in some newspaper, published in their respective counties, the amount of all bills allowed by them, together with the names of the persons to whom such allowances are made; provided, that in counties where there are no papers published the board of county commissioners shall cause to be posted by the clerk of said board, at the door of the court house in such county, the allowances provided for in this act.

Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59.

1542. Price of printing.

SEC. 2. The amount paid for such publication shall not exceed the sum of one dollar per square of ten lines, and the publication shall not extend beyond a single insertion.

1543. Repeal.

SEC. 3. An act entitled "An act providing for the publication of bills allowed by the boards of county commissioners in this state," approved March 1, 1883 [p. 86], and all acts amendatory thereof and supplementary thereto passed and approved prior to the year 1893, are hereby repealed. An Act regulating the powers and duties of the board of county commissioners of the several counties within this state in certain cases.

Approved March 6, 1879, 72

1544. Delivery of prisoners to jails-Mileage of officers.

SECTION 1. The board of county commissioners of the several counties within this state are hereby authorized and directed, from and after the passage of this act, to examine, audit and allow to any sheriff or constable, in any one of said counties, the actual fare paid by such officer in the conveyance or transportation of any one or more prisoners, that may be committed to the county jail, by the justice of the peace of such county or counties, in addition to the amount now allowed by law for the safe keeping and delivering of prisoners to the county jail; provided, such officers shall upon the presentation of their bill or bills, for the fare actually paid in pursuance of the provisions of this act, such bill or bills shall be accompanied with a receipt showing the amount paid, and by what conveyance said prisoner or prisoners was conveyed to said county jail, whether by the means of railroad, stage-coach, or private conveyance; and in no case shall a greater sum be allowed for a private conveyance than is usually charged by stage conveyance for a similar distance, such amount shall always be determined by the board of county commissioners, in accordance with their best judgment and information.

1545. County auditors to draw warrants.

SEC. 2. The county auditor of the several counties within this state, are

hereby authorized and directed to draw his warrant upon the general fund for the payment of such sum as may be allowed by the county commissioners from time to time, in accordance with the provisions of section 1 of this act, and

the

sum upon

presentation in their regular order.

An Act to fix the number and limit the compensation of county commissioners.

Approved March 1, 1883, 96

1546. Number in any county.

SECTION 1. Hereafter each board of county commissioners of the several counties of this state shall consist of three members; and not more than three county commissioners shall be elected or appointed to such office in any county of this state.

Copeland v. Woodbury, 17 Nev. 337.

1547. Compensation.

SEC. 2. No county commissioner hereafter elected, or appointed, shall receive as compensation for his services as such commissioner an amount to exceed nine hundred ($900) dollars per annum.

See sec. 1517.

1548. When not affected.

SEC. 3. This act shall not be so construed as to limit the number or affect the compensation of county commissioners now holding office by virtue of election or appointment.

An Act creating boards of examiners in the several counties of this state.

Approved January 31, 1881, 21

1549. County board of examiners.

SECTION 1. The board of county commissioners and the county auditor of each county in this state are hereby created a board of examiners.

1550. Auditor's duties-Commissioners to count money.

SEC. 2. The county auditor in each county in this state shall, in the months of January, April, July, and October, of each year, in counties having polled a vote at the last general election prior to the passage of this act of less than twelve hundred votes, and once a month in counties having polled, at said election, twelve hundred or more votes, furnish the board with a statement of the amount of money, securities, and other property in the custody of the county treasurer, and shall, in company with the board of commissioners, count, examine, and inspect the same and carefully determine whether the funds, securities, and property of the county are all on hand and properly protected in the full amounts belonging to the county, and the county treasurer shall assist and, as far as possible, facilitate such examination. Cited, State v. Nevin, 19 Nev. 167 (7 A. S. 873, 7 P. 650).

1551. Neglect of duty, how punished.

SEC. 3. If any board of commissioners, or any member of any board of commissioners, or the county auditor shall refuse or neglect to comply with the provisions of this act, or if the county treasurer shall, in any way, prevent such examination, such person so neglecting or violating the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than one hundred dollars, and may be imprisoned at the discretion of the court, and shall be removed from office.

An Act to authorize the county commissioners of the several counties of this state to build or purchase buildings suitable for county purposes.

Approved March 10, 1865, 377

1552. Authorized to build or purchase buildings.

SECTION 1. In any county in this state, not at present supplied with suitable buildings for county purposes, it shall be lawful for the board of county commissioners of such county, to build or purchase, in their discretion, the buildings required.

1553. To issue bonds-Proviso.

SEC. 2. For such purposes the board of county commissioners are hereby authorized and empowered to issue bonds of such county, in an amount not to exceed the sum of twenty-five thousand dollars; provided, that in counties where the voting population shall be more than four thousand, the said county commissioners may issue bonds in a sum not to exceed sixty thousand dollars; provided, further, that such bonds shall not in any county bear interest at a rate exceeding two (2) per cent per month, which, principal and interest shall be payable at such times as may be determined, in gold or silver coin of the United States.

1554. Payment by special tax.

SEC. 3. On any county availing themselves of the privileges of this act, the board of county commissioners are hereby authorized and empowered to levy a special tax, not to exceed one-half of one per cent on the taxable property in the county, for the purpose of paying the interest and principal of the bonds or warrants herein authorized to be issued, and the same shall be set apart for the purposes herein specified; provided, that should there be any excess of such fund hereby created, after paying the principal and interest of such bonds or warrants, such excess shall be transferred to the general fund of such county; provided, further, that should there not be a sufficient amount of said fund collected to liquidate the indebtedness hereby authorized to be created, at the time such indebtedness may become due, then, and in that case, such deficiency shall be paid from the general fund of such county, and the board of county commissioners are hereby authorized and required to draw their warrants upon the general fund for such deficiency.

An Act authorizing the board of county commissioners of the several counties of this state to apportion the county revenues.

Approved March 10, 1865, 376

1555. County money to be apportioned to various funds.

SECTION 1. The boards of county commissioners in the several counties of this state shall apportion all the moneys coming into the county treasury, or so much thereof as is not by law set aside into special funds, as follows: Twothirds shall go into the general county fund; one-sixth, or so much thereof as may be necessary, shall go into the indigent sick fund; and one-sixth, or so much thereof as may be necessary, shall go into the contingent fund, to defray the contingent expenses of the county. Said apportionment shall be made by an order entered upon their records, at the time the tax levy shall be made each year (see secs. 1558-1559); [The following proviso added by amendment, Stats. 1899, p. 40] provided, that in all counties polling at the last general election preceding the passage of this act, more than six hundred and twenty-five votes, and not exceeding seven hundred and twenty-five votes, to be determined by the vote cast for member of Congress, one-fourth. or so much thereof as may be necessary, shall go into the contingent fund:

one-fourth, or so much thereof as may be necessary, shall go into the indigent sick fund, and the remainder into the general fund.

See Const. (art. 4, sec. 20), sec. 278.

1556. Not to interfere with special fund.

SEC. 2. Nothing in this act shall be so construed as to authorize the said board to disturb, or in any manner to interfere with any special fund which has been or which may hereafter be created by law.

Humboldt County v. Churchill County, 6 Nev. 30.

1557. Duty of treasurer.

SEC. 3. It shall be the duty of the state treasurers of the several counties of this state to apportion and pay into the funds, as directed by said board of county commissioners, all moneys coming into their hands.

The mere fact that a creditor, having the right of payment out of the "general fund" of a county may have the right to enjoin the county auditor from issuing warrants in favor of others against such fund, does not give him a right to restrain the auditor from issuing warrants against other funds.

Under this act it is within the power of the commissioners to authorize the payment of indebtedness incurred in the construction or repair of roads and bridges, qut of the "general fund" and of the auditor to draw

warrants thereon for such indebtedness. Webster v. Fish, 5 Nev. 190, 193.

Cited, Schweiss v. District Court, 23 Nev. 232 (34 L. R. A. 602, 45 P. 289).

Cited, State ex rel. Holley v. Boerlin, 30 Nev. 480 (98 P. 402).

This act provides how the county money shall be apportioned, and the law provides how the money in the general fund shall be paid out. The commissioners have no authority to make a change in this respect. State ex rel. Flack v. Washoe Co., 1 Nev. 460-463.

An Act amendatory of and supplemental to an act entitled "An act authorizing the board of county commissioners of the several counties of this state to apportion the county revenues," approved March tenth, eighteen hundred and sixty-five.

Approved February 21, 1866, 74

· 1558. Unlawful to pay fees out of contingent fund.

SECTION 1. It shall not be lawful to pay, or order to be paid, any fees, per diem, or salary of any county officer or county commissioner, out of the contingent fund of any county of this state, created by "An act authorizing the board of county commissioners of the several counties of this state to apportion the county revenues," but such contingent fund shall only be applied to the payment of the legitimate contingent expenses of said counties.

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SEC. 2. Any county commissioner who shall order the payment of any such fees, per diem, or salary, out of said contingent fund, and any county auditor who shall draw his warrant on such contingent fund for the payment of such fees, per diem, or salary of any county commissioner or other county officer, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not more than five hundred dollars, and be removed from office.

An Act permitting the board of county commissioners of the several counties of the state, in certain cases, to cause to be compiled a full and complete alphabetical index and page citation of and for its records and proceedings, providing for bidders for compiling the same, where the cost thereof amounts to $500, and for the cost, payment, and approval of said index and page citation.

Approved March 20, 1909, 140

1560. Index of county records.

SECTION 1. The board of county commissioners of the several counties of

this state, may in their discretion cause to be compiled a full and complete alphabetical index and page citation of and for all of its records and proceedings, where the same do not now exist, and are not now, or may not hereafter be, otherwise enjoined by law to be compiled and kept.

1561. By contract, when.

SEC. 2. Should the cost for compiling said index and page citation in any case amount to the sum of $500, such compilation shall be let and done by contract by the lowest and best bidder therefor, as is now provided for by law; otherwise the same may be done by such responsible person or persons as the board may employ for that purpose; and such compilation when completed shall be subject to the approval of said board, and payment therefor shall be a valid and subsisting claim against the county, and shall be allowed, approved and paid, in the manner as is now provided by law.

An Act to define the duties of county commissioners and district attorneys, relative to abating nuisances in the several counties of the State of Nevada and matters connected therewith.

Approved March 2, 1901, 39

1562. Abating nuisances, action for-Penalty for official neglect. SECTION 1. Whenever, in any county of this state, the county commissioners of said county shall have knowledge, either by personal observation, complaint in writing, or other satisfactory evidence, that a nuisance exists within the limits of said county, as defined by section 3346 of the Compiled Laws of Nevada [infra, 5504] it shall be the duty of said board of county commissioners to take immediate action by entering and recording an order in the minutes of said board, directing the district attorney to notify the person or persons responsible for such nuisance to abate the same, and in case the said notice is not obeyed within five days from and after such service, · the said district attorney is hereby directed and empowered to bring action in a court of justice to enforce or abate the same, together with the recovery of damages and costs. Said action shall be under the control of the board of county commissioners in like manner as other suits to which the county is a party, and all necessary expenses incurred in conducting said action shall be paid out of the general fund of said county as other claims are paid. Failure on the part of either county commissioners or district attorney to enforce the provisions of this act shall work forfeiture of office. Section 5504, infra, same as sec. 3346, Compiled Laws.

An Act relating to county certificates of indebtedness, or warrants.

Became a law March 18, 1885, 128

1563. Warrants payable in order of issuance.

SECTION 1. All warrants or certificates of indebtedness issued by county auditors, as such, shall be paid in the order in which they are issued; provided, that whenever any county warrant or certificate of indebtedness shall not be presented for payment within six months after notice shall have been given that said warrant or certificate is payable, the money held for payment of such warrant shall be paid out as other county funds, but whenever any warrant as aforesaid shall thereafter be presented, the same shall be deemed then due and payable; and, provided further, that nothing in this act shall be so construed as to prevent the transfer of money from one county fund to another, as provided by law.

See sec. 1540, transfer of funds.

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