davit falsely perjury. Publication of financial statement; when and how. What to contain. Orders on coun ty treasury; not to be drawn ized, etc., by court. affidavit required by this chapter falsely shall be perjury. Publication of Financial Statement. 35. The county court of every county, within four weeks after the beginning of each fiscal year, shall cause to be published in one or more newspapers, if any be printed in the county, and if not, to be posted at each place of voting in the county, an account of the receipts and expenditures of the county during the previous fiscal year by separate items, arranged under distinct heads, and a specific statement of the depts of the county, showing the purpose for which each debt was contracted, the time when it became due, and up to what time the interest thereon has been paid. In what cases Orders may be Drawn on the County Treasury. 36. No order shall be drawn on the county treasury unless authorized by a special order or appropriation of the unless author- county court, except that when any bond, note or written evidence of the debt of the county, or any installment of interest thereon is payable; or where money is directed by law to be paid at fixed times or intervals, as in the cases of officers entitled to an annual salary payable quarterly, the president and clerk of such county court, without such special order or appropriation, may make and deliver to the person entitled thereto an order on the county treasurer for any sum so due and payable. In what cases may be drawn without special order, etc., and how. Form of order prescribed. What may be inserted therein. By whom signed. Form of Orders; by whom Signed; Presentation and Payment thereof. 37. All orders on the county treasury shall be in form or effect as follows: The sheriff will pay to A. B., or order, the sum of dollars and passed on the cents allowed by special appropriation day of-- 18-, after deducting therefrom the amount of all State, county and other taxes and levies in his hands for collection against the said A. B. E. F., Clerk. C. D., President." Or instead of the words "allowed by special appropriation passed on the day of 18-," there may be inserted therein according to the fact, the words "for county bond due," "for interest due," or "for quarter's salary," or other words specifying a lawful cause for such order; and no such order shall be rendered invalid by a defect of form. 38. No money shall be paid by the sheriff out of the county treasury except upon an order signed by the president and clerk of the county court, and properly endorsed as aforesaid, or upon judgment or decree, as provided in the forty-second section of this chapter. Interest and Damages on County Orders. to pay order; dorsed thereon. der; when funds and fail 39. If, when an order is presented to the sheriff, there If no funds in are no funds to pay the same, the person entitled to re- hands of sheriff ceive the sum of money specified in such order, may re- what to be enquire the sheriff to endorse thereon, or write across the face thereof, the words, "presented for payment," with the proper date, and sign the same; and the order, if it Interest on orwas due at the time of presentment, shall in such case be allowed. payable with legal interest from the said date. But if the Sheriff having sheriff, having funds to pay the same, fail to pay any ing to pay; remcounty order properly endorsed, when presented to him edy against. during business hours, by a person entitled to receive the money therein specified, if the same be then due and payable, or fail to pay any judgment or decree against the county for a sum of money due and payable, when a copy thereof, properly certified, is so presented, he and his Sureties; liabilsureties, and the personal representatives of such of them as are dead, shall be liable to the person entitled to receive the money due on said county order, judgment or decree, for the whole amount due thereon at the time of such pre- Amount and interest; liable sentation, with legal interest on such amount from that for. time until payment, and ten per cent on the same amount as damages. Claims Against the County; How Presented. ity of. be filed with 40. Every person having a claim or demand against a Claims against county, shall file with the clerk of the county court there- the county to of an account or statement of the same, fully setting forth clerk. the items; and where the claim or demand is for services for which no rate or compensation is fixed by law or by How made out. such court, the number of days occupied in such services. The clerk shall present such account or statement to such Clerk to present court at its first meeting thereafter, which shall allow the same to court; whole, or such part thereof as they may deem just, or dis- Duty of court allow the whole. No Suit to be brought Against the County except on Claims Disallowed. when. thereon. county; when 41. No suits shall be brought against a county court for Suits against any demand for a specified sum of money founded on con- brought. tract, except an order on the county treasury, until such demand has been presented to such court and been disallowed by them in whole or in part. But if the court ne- When claim glect or refuse to act on such demand by the close of the been presented, first session after that at which it is so presented, or of the etc. second session after it is filed with the clerk pursuant to the preceding section, for presentation, it shall be deemed to have been duly presented and disallowed. Judgment against County; Presentation of Copy Thereof to 42. When a judgment or decree for a sum of deemed to have money is Judgment, etc., effect of copy of. against county; rendered against a county court, a copy thereof certified by the clerk of the court by which it was rendered, shall have the effect of an order on the county treasury issued under section thirty-seven of this chapter. Upon the presentation of such copy to the sheriff of the proper county. Duty of sheriff it shall be his duty to pay the same to the person entitled when such copy thereto, if at the time of such presentation he has in his hands any moneys of the county applicable to the payIf sheriff has no ment thereof; but if he have no money in his hands to pay the same, he shall make the same endorsement on such copy as is required to be made in such cases upon an order on the county treasury. No execution shall issue on such judgment, except by the order of the court in which it was rendered. is presented to him. money; what then. Execution; when to issue on such judg ment. Property ex cution. Payment of claims etc; when and how enforced by mandamus. Certain Property of County Exempt from Execution, &c.; 43. The lands, buildings, furniture and books belonging empt from exe to a county and used for county purposes, shall not be subject to execution or other process; but when any demand against the said county has been disallowed, in whole or in part, or any order on the county treasury, or judgment or decree for a sum of money against the said county court has been presented to the sheriff without obtaining payment; or the sheriff has evaded or hindered such presentation, it shali be lawful for the person entitled to the money due on such demand, order, judgment or decree, to petition any court having jurisdiction, or a judge thereof in vacation, for a writ of mandamus, to be directed to the county court of said county, commanding it to provide for the payment of such money, by and out of the next county levy to be made in their county, or show sufficient cause why they should not be compelled to do so; which writ shall be returnable as the court or judge awarding the same may order. Upon the said writ such proceedings shall be had as are prescribed by law in other like cases, and the court, (but not the judge in vacation,) may, if the case justify it, award a peremptory mandamus, directed to such court, to provide in the next county levy to be there. after made, for what shall appear to be due to the said complainant, with interest and cost. To any judgment or order of a circuit court, under this section, a writ of error or supersedeas may be granted on like principles and rules as in other cases. Writ; how returnable. Proceedings upon such writ. Peremptory mandamus; when awarded. Appeal from judgment or order of court. Witnesses and tency of. Competency as Witnesses or Jurors. 44. In any suit or proceeding in which a county is injurors; compe- terested, no person shall be incompetent as a witness by reason of his being an inhabitant of the county or liable to county levies, or a member of the county court; nor shall any one be incompetent as a juror because he is an inhabitant of the county, or liable to county levies. Prohibition and Mandamus. mandamus; writs against 45. The circuit court of any county may, by writ of Prohibition and prohibition, prevent the county court of such county from circuit courts exercising any jurisdiction or authority which is not con- may issue such ferred on it by law or necessary and proper for carrying county courts; into execution the powers so conferred; and may, by writ when and for of mandamus, enforce the performance of any legal duty of such court. But in such cases a writ of error or super- Writ of error or sedeas may be granted on like principles and rules as in may be granted, other cases. Record Books to be Kept. what purpose. supersedeas; what shall be 46. The county court of every county shall provide two Record books; record books for the use of the court, in one of which number and shall be entered all the proceedings of the said court in entered therein. relation to contested elections; all matters of probate; the appointment of appraisers of the estates of decedents and the appointment and qualification of personal representatives, guardians, committees and curators, and the settlement of their accounts; all matters relating to apprentices; and in the other of said books shall be entered all the other proceedings of the said court. Appeals. 47. An appeal shall lie to the circuit court of the county Appeals to cirfrom the final order of the county court in the following cuit court. cases: First-In cases of contested elections tried and deter- In what cases. mined by said court. Second-In cases of contempts. Third-The establishment and regulation of a road, way, bridge, public landing, ferry or mill. Fourth-The probate of a will, and, Fifth-The appointment and qualification of a personal representative, guardian, curator, or committee, and the settlement of their accounts. When an appeal is taken will; appeal from the order of the county court for the probate of a Proceedings on will, the same shall be reviewed and the same proceedings the probate of a shall be had thereon, as if the application for such probate from. had been made to the circuit court in the first instance. Bills of Exceptions. taken; when. 48. At the trial or hearing of any matter by the county Bills of excepcourt as to which an appeal will lie under the next pre- tion may be ceding section, a party may except to any opinion of the court and tender a bill of exceptions to such opinion, which, (if the truth of the case be fairly stated therein,) must sign; Commissioners shall be signed by the commissioners holding the court, or a majority of them, and the same shall be a part of the record of the case. If any commissioner refuse to sign such bill of exceptions in a case in which he participated How compelled in the decision complained of, he may be compelled to do so by the circuit court of the county by mandamus. party to any such proceeding as to which an appeal will lie as aforesaid, may avail himself of any error appearing on the record by which he is prejudiced, without excepting thereto. to do so. Error apparent on record may be appealed from without excepting there to Allowances to certain county A 49. The county court of every county shall allow annually officers; when to the county officers hereinafter mentioned, for their and how made. public services for which no other fee or reward is allowed by law, such sums to be paid out of the county treasury as are deemed reasonable by the court within the limits ascertained by law, that is to say: How paid. Amount speci. fied and limit ed. Sheriffs; except, etc. Clerks of circuit The sheriff, not to exceed two hundred dollars, except that the sheriffs of Jackson, Kanawha, Mason, Marshall, Marion and Wood counties shall be allowed a sum not to exceed three hundred dollars. To the clerk of the circuit court, not to exceed two huncourts, except, dred dollars, except that the clerk of the circuit court of etc. Clerks of county courts, except, etc. Prosecuting attorneys, except, etc. No extra allowance after ser Ohio county shall be allowed annually not less than five hundred nor more than one thousand dollars; and of Jackson, Kanawha, Mason, Marshall and Wood counties a sum not to exceed six hundred dollars. To the clerk of the county court, not to exceed two hundred dollars, except that the clerks of the county courts of Barbour, Kauawba, Mason, Randolph and Wayne counties shall be allowed a sum not to exceed three hundred dollars, and the clerks of the county court of Berkeley and Marion counties a sum not to exceed the sum of five hundred dollars. To the clerk of the county court of Wood county, a sum not exceeding the sum of six hundred dollars. To the prosecuting attorney, not less than two hundred dollars nor more than four hundred dollars, except as follows: In the counties of Berkeley, Harrison, Jefferson, Marion, Preston, Randolph and Wetzel, not less than two hundred and fifty dollars nor more than five hundred dollars. In the counties of Kanawha, Mason and Marshall, not less than five hundred dollars nor more than one thousand dollars. In the counties of Ohio and Wood, not less than five bundred dollars nor more than twelve hundred dollars. But no extra compensation shall be granted or allowed vices rendered. to any public officer, agent, servant or contractor, after the services shall have been rendered or the contract made, nor shall the salary of any public officer be increased or diminished, etc. diminished during his term of office. And it shall be the duty of the prosecuting attorney to attend to and prose Salary not be increased or |