Approval of claim. Disapproval. Disposal of claims which there are no tion. The board may, for cause, postpone action upon a claim, for not exceeding one month. Sec. 8. If the board approve such claim, they must endorse thereon over their signatures, "Approved for the sum of — -dollars," and transmit the same to the office of the State Auditor; and the Auditor must draw his warrant for the amount so approved in favor of the claimant, or his assigns, in the order in which the same was approved. Sec. 9. If the board disapprove such claim, it must cause the same to be filed with the records of the board, with a statement showing such disapproval and the reasons therefor. Sec. 10. If no appropriation has been made for the payment of any claim presented to the board, the settlement of which is provided for by law, or if an apfunds to pay. propriation made has been exhausted, the board must audit the same, and if they approve it, must transmit it to the Legislature with a statement of their approval. When claims by maker. Sec. 11. Any person having a claim against the must be verified State, the settlement of which is not otherwise provided for by law, must present the same to the Board of Examiners, accompanied by a statement showing the facts constituting the claim, verified in the same manner as complaints in civil actions. Examination and advertise claims. Sec. 12. On the first Monday in November preceding the meeting of each Legislature, the board must ment of verified hold a session for the purpose of examining the class of claims referred to in the preceding section, and may adjourn from time to time until their work is completed. They must cause a list and brief abstract of all claims filed with them up to that date, to be made and published in some newspaper at the seat of government, for such time as they may prescribe. The list must be accompanied by a general notice of the order in which and of the time when the board will proceed to examine the claims. Recommendation to Legislature. Sec. 13. The board must, at the time designated, proceed to examine and adjust all such claims. They may hear evidence in support of or against them, and report to the Legislature such facts and recommendations concerning them as they may think proper. In making their recommendations, they may state and use any official or personal knowledge which any member of the board may have touching such claims. report; abstract Sec. 14. The board must make up their report and Time of making recommendations at least thirty days before the meet- to be published. ing of the Legislature. A brief abstract of their report, showing the claims rejected, and those, and the amounts thereof, allowed, must be published in a newspaper published at the seat of government, for such time as the board may prescribe, before the meeting of the Legislature. Sec. 15. No member of the board shall act upon Member of any claim in which he is interested, or for expenditures on claim where incurred in his office, nor shall he be present when the decision thereon is made. interested. entertained, Sec. 16. The board shall not entertain for a third Claims not to be time, a demand against the State once rejected by it, when. or the Legislature, unless such facts or reasons are presented to the board as in suits, between individuals, would furnish sufficient ground for granting a new trial. decision of Sec. 17. Any person interested, who is aggrieved Appeal from by the disapproval of a claim by the board, may appeal board. from the decision to the Legislature, by filing with the board a notice thereof, and upon the receipt of such notice, the board must transmit the demand and all the papers accompanying the same, with a statement of the evidence taken before it, to the Legislature. draw warrant, Sec. 18. The State Auditor shall not draw his war- Auditor not to rant for any claim, unless it has been approved by the except. board, except for salaries or compensation of officers fixed by law, or for moneys expressly appropriated by statute. hibited from when. Sec. 19. Whenever the board has reason to believe Treasurer prothat the State Auditor has drawn, or is about to draw, paying warrant, his warrant without authority of law, or for a larger amount than the State actually owes, the board must notify the State Treasurer not to pay the warrant so drawn or to be drawn; and thereupon the Treasurer is prohibited from paying the warrant, whether actually drawn or not, until he is otherwise directed by the Legislature or the board. amine books of Treasurer. Sec. 20. As often as it may deem proper, the Board to exboard must examine the books of the State Auditor and Auditor and State Treasurer, the accounts and vouchers in their offices, and count the money in the treasury, and for that purpose they may demand, and the State Auditor and State Treasurer must furnish without delay, all in Must publish statement of money in treasury. Auditor and Treasurer to allow examination. formation touching the books, papers, vouchers, or matters pertaining to their offices. Sec. 21. The board must, at least twice in each year, make and file in the office of the Secretary of State, and publish in some newspaper at the seat of government, a statement, showing the amount of money in the treasury. Sec. 22. The State Auditor and State Treasurer, must permit the Board of Examiners to examine the books and papers in their respective offices, and the Treasurer must permit the money in the treasury, without delay on any pretense whatever, to be counted, whenever the board wishes to make an examination or count. Sec. 23. The Board of Examiners is also a Board Examiners also of Supplies and Furnishing Board. a supplies and furnishing board. all supplies, etc. Sec. 24. It is the duty of such board: 1. To contract for the furnishing of all stationery, To contract for printing, binding, paper, fuel, lights, and other necessary supplies to be used by the Legislature and all other departments of the government, and the printing, binding and distributing of the laws, codes, journals, department reports, reports of decisions of the supreme court, and all other printing and binding, and repairing of any books used by any State officer, or department. To furnish offices, etc. for supplies. 2. To hire all offices for the State officers, and to furnish the same; to keep the furniture in repair, and to hire and furnish halls and rooms for the use of the Legislature, and to provide furniture therefor, and to keep the same in repair. 3. To cause to be deposited in the office of the Place of deposit Secretary of State all stationery, books and other articles and supplies furnished and on hand, and to issue to any officer a requisition on the Secretary of State, for any books, stationery or other supplies needed by such officer. made. 4. At the end of each fiscal year, and at such Inventory to be other times as the board thinks proper, to cause an inventory to be taken of all articles and supplies on hand and contracted for, and to make an examination of all accounts and vouchers for such supplies. Rules of the board. 5. To establish rules for the government of the board in relation to all contracts not inconsistent with law. for bids for Sec. 25. Before any contract is let, the board To advertise must advertise for twenty days, in two daily news- supplies. papers, printed in the State, one of which must be published at the seat of government, for sealed proposals, to furnish any and all the supplies mentioned in the next preceding section. Provided, That such advertising need not be made where the amount to be expended for such supplies, shall be less than two hundred dollars. ment shall state. Sec. 26. The board must specify in the advertise- What advertise ment, the amount and kinds of each article required, a sample and minute description of each article must accompany and be deposited with each proposal. and awarding Sec. 27. The proposals received must be directed Opening of bids to the board, opened and compared by it at its office at contracts. twelve o'clock noon, of the day specified in the advertisement, and the board must award the contract for furnishing such supplies, or any of them, to the lowest responsible bidder at such time. to accompany contract. Sec. 28. Each bid must be accompanied by a cer- Certified check tified check equal to ten per cent of the amount of the bid; bond on bid, to be held upon the condition, that upon the award of said contract, to him, the bidder will faithfully and promptly execute a good and sufficient bond, payable to the State, with two sureties to be approved by said board, conditioned that he will deliver the supplies for which he has contracted, under such rules and regulations as the board may prescribe; and for the faithful performance of the contract. supplies; board Sec. 29. The board may in the advertisement, Classification of classify the supplies and articles to be furnished, and may reject bids. may receive bids, and award contracts for such separate class of supplies, or such separate articles, as it considers the lowest and best bid. The board may require any class of supplies or separate articles thereof to be delivered in installments. Any and all bids may be rejected, and the board may advertise again. for session of Sec. 30. The board must, at least one month be- Preparations fore the meeting of the Legislature, advertise as pro- Legislature. vided in the preceding sections, for the repairing and furnishing the halls and rooms, and stationery, fuel, light, and such other supplies as are necessary for the members of the Legislature, at the ensuing session, and at the commencement of each session thereof, the board must report to the Legislature an account of the Same. to be interested in contracts. clerical help for supplies, expenditures for the same, and the stock on hand. Sec. 31. The board may hire the necessary rooms for the State officers, and the halls and rooms for the Legislature, and its committees, without advertising as provided in this act, if the board so decide. Sec. 32. No member or officer of any department State officer not of the government, shall be in any way interested in any contract made under the provisions of this article. Sec. 33. The Board of Examiners may at any Employment of time, when necessary, employ clerical help for any State officers. State officer or board, and no clerks shall be employed by such officers or boards, without the authority of the Board of Examiners, and no such clerks shall be employed by the Board of Examiners, except when all the duties of the office cannot be performed by the officer himself. Sec. 34. This act shall take effect upon approval. Damages by may be recovered. CHAPTER XXXVI. DAMAGES CAUSED BY GRADING STREETS. AN ACT to provide for recovery of Damages for injuries to Real Estate caused by Grading Streets, Alleys and Public Grounds in Cities. Be it enacted by the Legislature of the State of Utah: SECTION 1. Whenever by the grading of any street, Changing grade alley or other public ground in a city, pursuant to the action of the city authorities in changing the established grade of such street, alley or public ground, after valuable improvements have been made upon real property abutting thereon, such real property is injured or diminished in value, the owner of such real property or improvements may recover from such city the amount of such damages or diminution in value in a civil action brought for that purpose. Apply to Sec. 2. This act shall be held to cover and apply changes to be to all cases wherein a change of established grades of streets, alleys or public grounds may have been hereto carried into effect. |
