commissioners shall file the same and embody such objections in the record of their proceedings, and lay such claims or demands on the table for a definite period of time, not less than ten days, at the expiration of which time they may proceed to consider the claims or demands so objected to, together with the objections, unless proceedings have been instituted in a court of competent jurisdiction to determine the validity of such claims or demands. As amended, Stats. 1893, 121. Any resident taxpayer has the right to oppose in a proper manner, the allowance of a claim against a county both before the board of county commissioners and in the courts. The board has no jurisdiction to act after objections have been filed and proceedings instituted in the court, to determine the validity of a claim, and they have been notified thereof. State ex rel. Hayes v. Gallagher, 22 Nev. 80, 84, 87. It was held that, since amendment of Stats. 1893, 120, to above section provided an adequate remedy, certiorari would not lie at the instance of a taxpayer to review the action of a board in entering into a contract for indexing certain county records. State ex rel. Murphy v. White Pine Co., 31 Nev. 113, 118, 119 (101 P. 104). Where an act of the legislature authorizes the county commissioners to instruct the auditor to issue to the holder of the original a certificate in place of one that has been lost, the issuance of such certificate cannot be restrained on the ground that it is the creation of an unjust indebtedness against the county or an injury to taxpayers. Hayes v. Davis, 23 Nev. 318, 319 (46 P. 888). 1522. Commissioners shall not be interested in contracts. SEC. 23. No member of the board of county commissioners shall be interested, directly or indirectly, in any property purchased for the use of the county, or in any purchase or sale of property belonging to the county, nor in any contract made by the county for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for other purposes; provided, that the board may purchase supplies for the county, not to exceed thirty dollars, in the aggregate, in any one month, from one of their number, when not to do so would be a great inconvenience, but the member from whom said supplies are purchased shall not vote upon the allowance of said bill, and a violation of this act shall be a misdemeanor, punishable by fine of not less than one hundred dollars and not exceeding five hundred dollars, and shall be cause for removal from office. As amended, Stats. 1889, 35. See secs. 1530, 2827, 2829, 2830. See crimes act, sec. 6331. See provisions relative to purchase of supplies, secs. 3479, 3480. Commissioner cannot vote on contract which extends beyond his term, sec. 1537. 1523. When suit brought against county. SEC. 24. No person shall sue a county in any case for any demand, unless he or she shall first present his or her claim or demand to the board of county commissioners and county auditor for allowance and approval, and if they fail or refuse to allow the same, or some part thereof, the party feeling aggrieved may sue the county; and if the party suing recover in the action more than the said board allowed, or offered to allow, said board and auditor shall allow the amount of said judgment and costs as a just claim against the county; but if the party suing shall not recover more than the board and auditor shall have offered to allow him or her, then costs shall be recovered against him or her by the county, and may be deducted from such demands. Where the relief sought is not damages, but an injunction to prevent the commissioners from committing an unlawful act, as the opening of a road through plaintiff's land without having compensated him, and which, if opened, would result in damages, no demand need be made. Champion v. Sessions, 1 Nev. 478, 482. Cited, in dissenting opinion of Beatty, C. J., Washoe Co. v. Humboldt Co., 14 Nev. 136. The commissioners allowed the sheriff a certain amount for services as a jailer which he refused to accept. He brought suit for more than $300: Held, that under this section he was entitled to costs provided he recovered more than commissioners allowed, notwithstanding the fact that the amount recovered was less than $300. Randall v. Co. of Lyon, 20 Nev. 35, 38 (14 P. 583). Cited, Co. of Esmeralda v. State, 21 Nev. 197, 27 P. 869. The rendition of a judgment against a county is an auditing of a claim within this section and it becomes the duty of the commissioners to allow it as an audited claim, unless some sufficient defense exists to the judgment. State ex rel. Humboldt Co. v. Blossom, 22 Nev. 71, 76, 77 (35 P. 300). 1524. Unaudited claims, when must be presented. SEC. 25. All unaudited claims or accounts against any county in this state, shall be presented to the board of county commissioners of said county, duly authenticated, within six months from the time such claims or accounts become due or payable; provided, nothing contained in this section shall be so construed as to prevent the presentation and auditing of any claim now due against any county in this state, at any time within nine months from the passage of this act. Where the expenses of a criminal trial have been properly audited in a county where the trial was had, it is unnecessary to have the same claims verified and presented as unaudited accounts to the commissioners 1525. Last section mandatory. of the county from which the cause was transferred (Beatty, J., dissenting). Washoe Co. v. Humboldt Co., 14 Nev. 124, 135, 137. See State ex rel. Humboldt Co. v. Blossom, under sec. 24 of this act. SEC. 26. No claim or account against any county in this state shall be audited, allowed, or paid by the board of county commissioners, or any other officer of said county, unless the provisions of the last preceding section are strictly complied with. See Washoe Co. v. Humboldt Co., under sec. 25 of this act. 1526. Rejected claims. SEC. 27. No claim which has once been presented and rejected, shall ever again be considered or allowed by the same, or any subsequently elected or appointed board of county commissioners of the same county. 1527. County seal. SEC. 28. The seal of the county shall be the seal of the board of county commissioners. 1528. Commissioners empowered to administer oaths. SEC. 29. The commissioners are authorized and empowered to administer all oaths or affirmations necessary in discharging the duties of their offices. 1529. In case of tie vote. SEC. 30. When a majority only of the members shall be present at the meeting of the board, in case of a tie vote on any question, it shall be postponed to a subsequent meeting. An Act to amend an act entitled "An act supplementary to an act entitled 'An act to create a board of county commissioners in the several counties of the state and to define their duties and powers,' approved March 8, 1865," approved February 19, 1867. Approved March 24, 1911, 368 1530. Must advertise for bids for contracts over certain amount-Proviso. SECTION 1. In letting all contracts of any and every kind, character, and description whatever, where the contract in the aggregate exceeds the sum of five hundred dollars, the county commissioners shall advertise such contract or contracts to be let, stating the nature and character thereof-and when plans and specifications are to constitute part of such contract, it shall be stated in the notice where the same may be seen-in some newspaper published in their county, for the period of thirty days; in case the contract be for constructing any public building, then the advertisement shall be in that paper published in the county which is nearest the selected location for such building; and in case there shall be no newspaper published in their county, then by posting notices of the same in five of the most conspicuous and public places in their county for the same period of time. All such contracts shall be let to the lowest responsible bidder, subject to the provisions of the twenty-third section [1522, supra] of the act to which this is supplementary; provided, that the provisions of this act shall not apply to contracts for the construction or repair of bridges, highways, streets or alleys where the same conflicts with other acts in relation to bridges, highways, streets or alleys. Original act, Stats. 1867, 59, consisting of but one section, was superseded by above, and therefore omitted. Cited, State ex rel. Norcross v. Washoe Co., 22 Nev. 406 (11 P 145); State ex rel. Thompson v. Washoe Co. (opinion of Bonnifield, J. dissenting), 23 Nev. 254, 255 (45 P. 529). Act construed, Office Specialty Mfg. Co. v. Washoe Co., 24 Nev. 359, 363 (55 P. 222). Act held inconsistent with act incorporating Reno (Stats. 1897, 50). Reno W. L. & L. Co. v. Osborn, 25 Nev. 53, 66, 67 (56 P. 945). Cited, State ex rel. Office Specialty Mfg. Co. v. Curler, 26 Nev. 347, 352 (67 P. 1073). Under Stats. 1899, 60, to regulate allowance and payment of certain claims against counties, later repealed, it was held: Mandamus should not be granted to compel a technical compliance with the strict letter of the law, in disregard of its spirit. Relator presented its claim against Washoe County under said act. The transaction upon which the claim was based had previously been judged fraudulent. It appeared that there was no dispute as to the value of the property in question. It was held that the county was not bound under said act to submit the question of the value of the property to appraisers where there was no dispute as to its value nor to pay the award of appraiser appointed under its provisions regardless of any meriSee secs. 3005, 3019. torious defense the county may have, and that the compelling of a county to pay a claim which had been adjudged fraudulent was not within its object. State ex rel. Office Specialty Co. v. Beck, 25 Nev. 105, 111, 112 (57 P. 935). Under said act it was held that where the district judge heard the petition of a person claiming the benefit of the same, but refused to appoint the appraisers, mandamus will not issue to compel the judge to make such appointment, since the power to hear, involved the power to determine, and, the determination upon such hearing being a judicial act, it could not be reviewed by mandamus. State ex rel. Office Specialty Co. y. Curler, 26 Nev. 347, 351, 354 (67 P. 1075). See provisions relative to purchase of supplies, secs. 3479, 3480. An Act to define the manner of electing county commissioners. 1531. Commissioner districts. 1532. Precincts to be designated. Approved February 21, 1893, 33 1533. Terms of office. 1531. Commissioner districts. SECTION 1. Whenever twenty per cent or more of the qualified electors of any county in this state shall petition the board of county commissioners of their county to that effect, it shall be the duty of the county commissioners of such county, on or before the first Monday in July preceding any general election, to divide the county into three districts to be known as "Commissioner Districts." Such division shall be made to conform to the established boundaries of election precincts or wards, and each and every election precinct or ward shall be wholly within one of the commissioner districts herein provided for. Each commissioner district shall embrace, as near as may be, one-third of the voting population of the county, to be determined by the vote cast at the last general election, and shall consist of adjoining precincts; provided, that in case not more than three election precincts or wards exist in the county, then each election precinct or ward shall constitute a commissioner district. 1532. Precincts designated. SEC. 2. It shall be the duty of the board of county commissioners to cause to be published in some newspaper in the county, if there be one, and if not, then by the posting at the door of the court house, and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. Such notice shall be posted or published for a period not less than twenty days prior to each general election. 1533. Terms of office. SEC. 3. The commissioner designated in the statute as the "long term" commissioner shall represent the district in which he resided when elected. and at the general election in the year eighteen hundred and ninety-four, and every two years thereafter, there shall be elected a commissioner from each of the remaining districts, one for the "long term" and one for the "short term," as now provided by law. SEC. 4. County commissioners shall be elected by the qualified electors of the county wherein they reside as other county officers are now elected. As amended, Stats. 1895, 39. An Act to regulate the presentation and auditing of demands against counties. Approved March 13, 1867, 115 1535. Accounts sworn to-Certificate-Fees. SECTION 1. Accounts presented against a county must be sworn to by the claimant, or some one in his behalf, before the county auditor, or some other officer authorized by law to administer oaths; and at the request of the claimant, the auditor shall issue a certificate and deliver the same to the claimant, showing the amount allowed, and out of what fund payable. No more than one certificate shall be issued upon the same allowance, unless the same be plainly marked or shown on the face thereof to be a duplicate certificate. No fee shall be allowed or charged by the county auditor for any service as herein provided to be rendered by the auditor, except as follows: For swearing the claimant, when the demand exceeds fifty dollars, fifty cents; and for issuing the certificate, when the amount allowed exceeds said sum of fifty dollars, one dollar. Cited, Washoe Co. v. Humboldt Co., 14 Nev. 137; Esser v. Spaulding, 17 Nev, 300 (30 P. 896). An Act concerning the allowance and payment of demands against the several counties of this state and barring the payment thereof in certain cases. Approved February 4, 1881, 25 1536. County funds assigned to payment of claims - Reallowance Debarred from payment. SECTION 1. That when there shall be in the general, school, contingent, indigent sick, or road funds of any county in this state, any sum or sums of money which have been in such fund for the term of two years or more by reason of the failure or neglect of the owner or owners of such indebtedness to demand the payment of the same, such sum or sums of money shall be applied to the payment of the more recent indebtedness of such county payable out of such fund. And in case the owner or owners of such allowance or allowances shall demand such sum or sums of money within six years from the date of the original allowance of such sum or sums of moneys, and after such sum or sums of money have been so applied, the board of county commissioners of such county may again allow such demand for the amount originally allowed, without interest, and no more, and any such demand, so reallowed shall be paid in the order of its reallowance, out of the fund originally accountable therefor, in case there be any such fund, and in case there shall at said time be no such fund, then such demands shall be paid in the order of its reallowance, out of the general fund of such county; but should the payment of such sum or sums of money not be demanded within six years from and after the original allowance of such demand or demands, then such indebtedness shall not be reallowed by such board of county commissioners, and the payment thereof shall be forever barred; provided, that nothing in this act shall be so construed to affect or repeal any act providing for the redemption or funding of the indebtedness of any county in this state. Sec. 23 of the salary act is not repugnant to this section. Esser v. Spaulding, 17 Nev. 289, 309. An Act in relation to county contracts. 1537. County contracts. Approved March 16, 1895, 88 SECTION 1. No member of any board of county commissioners within this state, shall be allowed to vote on any contract which extends beyond his term of office. 1538. Penalty. SEC. 2. Any county commissioners violating section 1 of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined a sum not less than one hundred nor exceeding five hundred dollars, or three months in the county jail, or both. An Act limiting the power of certain county officers. Approved March 3, 1887, 108 1539. None but commissioners to contract. SECTION 1. No county officer in any county in this state, except the board of county commissioners, shall contract for the payment or expenditure of any county moneys for any purpose whatever, or shall purchase any stores or materials, goods, wares or merchandise, or contract for any labor or service whatever, except the board of county commissioners, or a majority of them, shall order such officer to do the same. This section being expressed in negative terms, repeals Stats. 1866, 189, which required the sheriffs to furnish at the expense of the counties, all necessary supplies for the prisoners committed to their custody, and left the sheriffs without authority to bind their counties by contract for the board of prisoners. Negative statutes are mandatory and must be presumed to have been intended to repeal all conflicting statutes, unless the contrary can be clearly seen. State ex rel. Caughlin v. Alt, 22 Nev. 203, 209-212 (37 P. 486). An Act to authorize the county commissioners in the several counties in this state to loan or transfer surplus money from one fund to the other. Approved February 9, 1881, 32 1540. To transfer surplus money. SECTION 1. The county commissioners in the several counties in this state are hereby authorized and empowered to transfer any surplus money which may be in any of the county funds of the respective counties (except the school fund) from one or more of said funds, to another or others, and transfer the same back to the fund or funds from which said surplus money was taken, at such times and in such manner as, in the judgment of said commis |