Sec. 41. The board, under such regulations as Planting trees. they may adopt, may encourage the planting and pres

bers of county

board to be itemized and verified.

ervation of shade and ornamental trees on the public roads and highways, and on and about the public grounds and buildings of the county, and pay to persons planting and cultivating the same, for every living tree thus planted, at the age of four years, a sum not exceeding twenty-five cents.

Sec. 42. All claims against the county presented Claims by mem- by members of the board of county commissioners for per diem and expenses must be itemized and verified as other claims, and must state that the service has been actually rendered, and, before allowance, such claims must be presented to the county attorney, and he must County attorney endorse thereon, in writing, his opinion as to the legalas to legality of ity thereof; if the county attorney declare the claim illegal, he must state specifically wherein it is illegal.

to give opinion

claim.

Sec. 43. The board must have prepared by the auditor under their direction, prior to their annual and liabilities. meeting for levying taxes a statement showing:

Annual statement of assets

Lands and property granted to county.

duty by county

penalty for.

1. The indebtedness of the county, funded and floating, stating the amount of each class, and the rate of interest borne by such indebtedness, or any part thereof.

2. A concise statement of all property owned by the county, with an approximate estimate of the value thereof, and the amount of cash in the county treasury, and its several funds.

Sec. 44. The board shall receive from the United States, or other sources, lands and other property granted or donated to the county for the purpose of aiding in the erection of county buildings, roads, bridges, or other specific purposes, and may use the same therefor, and may provide for the sale of the same, and the application of the proceeds thereof.

Sec. 45. Any commissioner who refuses or negNeglect, etc., of lects to perform any duty imposed upon him, without commissioner; just cause therefor, or who wilfully violates any law provided for his government as such officer, or wilfully, fraudulently, or corruptly attempts to perform an act, as commissioner, unauthorized by law, in addition to the penalty provided in the penal code, shall forfeit to the county five hundred dollars for every such act, to be recovered on his official bond, and is further liable on his official bond to any person injured thereby, for all damages sustained.

COUNTY OFFICERS.

county officer.

Sec. 46. No person is eligible to a county, district Eligibility of or precinct office, who at the time of his election, is not an elector of the county, district or precinct in which the duties of the office are to be exercised.

county.

offices.

Sec. 47. The officers of a county are a sheriff, a officers in county clerk, an auditor, a recorder, a county attorney, an assessor, a coroner, a collector, a treasurer, a superintendent of schools, a surveyor, the county commissioners, and such other officers as may be provided by law; Provided, That in counties having an assessed valuation of less than twenty millions of dollars, the county clerk shall be ex-officio auditor of the county and shall perform the duties of such office without extra compensation therefor; and in all other counties the Governor shall, immediately upon the taking effect of this Auditor to 1897. act, appoint a suitable person to fill such office of auditor until January 1st, 1897, and until his successor shall be elected and qualified; Provided, That in coun- Consolidating ties where the board of county commissioners, by proper ordinance may so elect, the duties of any of the above mentioned officers may be consolidated in such manner as the board may decide; Provided, further, That in counties where the duties of said officers have been, or may hereafter be, consolidated the board of county commissioners thereof, by proper ordinance, may elect to separate the duties so consolidated, and Separating conreconsolidate them in any other manner, or may separate said duties without reconsolidation, and provide that the duties of each office shall be performed by a separate person, whenever, in their discretion, the public interest will be best subserved thereby. vided, That no such ordinance shall be passed to take of ordinance effect within less than three months after the passage or separating thereof, and every such ordinance shall take effect on the first day of January, next succeeding a general

election.

solidated offices.

Pro-Time of effect

consolidating

offices.

for consolidated

Sec. 48. When offices are united and consolidated, Oath and bond the person elected to fill the offices so united and con- offices. solidated must take the oath and give the bond required for and discharge all the duties pertaining to each.

Sec. 49. The officers of a precinct are one justice Precinct officers. of the peace, and the constable. The board of county

When officers are elected and take office

tendent of

schools.

commissioners of each county, on or before the first Monday in September, 1896, and thereafter as public convenience may require shall divide their respective counties into precincts for the purpose of electing justices of the peace and constables.

Sec. 50. All elective county and precinct officers, except otherwise provided for in this act, shall be elected at the general election to be held in November, eighteen hundred and ninety-six, and every two years thereafter, unless otherwise herein provided, and shall take office at 12 o'clock meridian on the first day of January next succeeding their election. Commissioners shall be elected as hereinbefore provided. All officers elected under the provisions of this act shall hold office until their successors are elected or appointed and qualified.

Provided, That the election for county superCounty superin- intendent of district schools shall be held in July, 1898, at the same time as that when district school trustees are elected, and bi-ennially thereafter, and that the present incumbents shall hold their respective offices until their successors are elected and qualified. The county superintendent shall take office at 12 o'clock meridian, on the first day of August after his election. The judges of election in each precinct entitled to vote for county superintendent of schools, shall canvass the ballots cast for such officer in such precinct and certify the result to the county clerks of their respective counties, and said county clerk shall, in the presence of the candidates or their representatives, after due notice, proceed to canvass said returns and issue to the officer receiving the highest number of votes cast at said election for said office, a certificate of election.

Canvass of Votes.

deputies.

Sec. 51. Every county, precinct, or district officer, Appointment of except a county commissioner or a judicial officer, may, by and with the consent of the board of county commissioners, appoint as many deputies as may be necessary for the prompt and faithful discharge of the duties of his office. Such appointment must be made in writing, and filed in the office of the county clerk; and until such appointment is so made and filed, and until such deputy shall have taken the oath of office, no one shall be or act as such deputy; Provided, That officers appointing any deputy shall be liable for all official acts of such deputy.

officer includes

Sec. 52. Whenever the official name of any prin- Official name of cipal officer is used in any law conferring power or im- deputy. posing duties or liabilities, it includes deputies.

Sec. 53. All county officers, except in counties offices at county having a population of less than eight thousand, must seat; except. have their offices at the county seat, and in counties having a population of twenty thousand and over the sheriff, clerk, recorder, auditor, treasurer, and county attorney must keep their offices open for the transaction of business from nine o'clock a. m. until five o'clock p. m.

ing himself

Sec. 54. A county officer shall, in no case, absent Officer absenthimself from the county for a period of more than thirty from county. days, without the consent of the board of county commissioners.

officers not to

attorneys.

Sec. 55. Sheriffs, clerks and constables, and their Certain county deputies, are prohibited from practicing law or acting practice as as attorneys or counselors at law, in the counties where they reside and hold office or from having as a partner an attorney at law or any one who acts as such.

and precinct

Sec. 56. The board of county commissioners of Bonds of county each county in the State shall, by ordinance prescribe officers. the amount in which the following county officers shall execute official bonds before entering upon the discharge of the duties of their respective offices, viz: treasurer, county clerk, auditor, sheriff, county attorney, recorder, assessor, surveyor, superintendent of schools, and justice of the peace and constable. The judge or judges of the district court shall prescribe the amount in which each member of the board of county commissioners must execute an official bond before entering upon the discharge of the duties of his office. The bonds and sureties of such officers must, before the bonds can be recorded and filed, be approved by the judge or judges, if there be more than one, of the district court. All persons offered as sureties on official sureties on bonds shall be examined on oath touching their qualification and no person can be admitted as surety on any such bond unless he is a resident and freeholder within this State, and is worth, in real or personal property, or both, situate in this State, the amount of his undertaking, over and above all just debts and liabilities exclusive of property exempt from execution. All official Recording and bonds shall be recorded in the office of the county re- bonds. corder and then filed and kept in the office of the county clerk. The official bond of the county clerks

official bonds.

filing official

shall be filed and kept in the office of the county treas

urer.

COUNTY TREASURER.

Sec. 57. The county treasurer shall:

1. Receive all moneys belonging to the county, Duties of county and all other moneys by law directed to be paid to him, safely keep the same, and apply and pay them out, rendering an account thereof as required by law.

treasurer.

Payment of county war

rants.

warrant not paid

funds.

2. Keep an account of the receipts and expenditures of all such money, in books provided for the purpose, in which must be entered the amount, the time when, from whom and on what account any moneys were received by him; the amount, time when, to whom and on what account all disbursements were made by him.

3. Disburse county moneys only on county warrants, issued by the county auditor, except on settlement with the State.

4. Disburse the money in the treasury, on such warrants only when they are based on orders of the board of county commissioners, or upon order of the district court, or as otherwise provided by law.

5. Perform such other duties as are or may be required by law.

Sec. 58. When a warrant is presented for payment, if there is money in the treasury for that purpose, he shall pay the same, and write on the face thereof "paid," the date of payment, and sign his name thereto; Provided, however, That the treasurer shall not receive or pay or endorse any warrant until he shall have received from the clerk of the board of county commissioners the certified list mentioned in subdivision four of section sixteen of this act, and not then unless a claim or order upon which said warrant is based appears upon such list.

Sec. 59. When any warrant is presented to the Endorsement of treasurer for payment, and the same is not paid for for lack of want of funds, the treasurer must endorse thereon "not paid for want of funds," annexing the date of presentation, and signing his name thereto, and from that time until funds are on hand to pay the same the warrant shall bear five per cent. interest per annum.

Interest.

Notice for pay

ment of warrants drawing interest.

Sec. 60. When there are sufficient moneys in the treasury to pay warrants drawing interest, the treasurer must give notice in some newspaper published in