Jasper County Democrat, Volume 1, Number 48, Rensselaer, Jasper County, 11 March 1899 — REFORM BILLS [ARTICLE]

REFORM BILLS

New County and Township Laws. COUNTY BILL. Senate Bill No. 119— New: An Act Conownin* County Business. [Section L Creates & county council.] Sec. 2. That within twenty day* after the taking effect of this act. the board of county commissioners of each county shall meet and make and spread of record an order dividing such county into four councllmanic districts of contiguous territory. as nearly equal In population as possible: Provided. That no township shall be divided in forming such districts. The members Of the county council shall consist of one councilman from each councllmanic district, to be elected by the voters of such district, and three oouncilmen at large, to be elected by the voters of the whole county. The county auditor shall call the board of county commissioners in special session. If necessary, for the purpose of forming the councilmanic districts. The board of county commissioners shall not thereafter change the boundary of such district* Oftener than once In six years. [Sec. 3. Provides for salaries of councilmen. In counties of 35,00 population or less tlO each per annum; 35,00 and_ not more than 75,000. fw; and above ia.ooo, 320.] Sec. 4. No person shall hold the office ol councilmc-n in such council while holding any state. county, township or municipal office or who is not a qualified voter and resident freeholder of the county; or in case other than councilman at large, who is not a qualified voter and resident freeholder of the district from which elected or appointed. If any person shall be or become ineligible under the provisions of this section, it shall operate to immediately vacate his office as such councilman. Sec. 5. An election of county councilman shall take place at the general November election in 1900. and In 1902. and every four years thereafter. The term of office of councilmen elected in 1900 shall be two years, and at all subsequent elections four years, beginning on the tenth day after the election. Vacancies occurring in the office of councilmen shall be filled by election of the council at the flr*t regular meeting after their occur- ( rence. A person appointed to fill a va- 1 coney shall hold until the expiration of the term In which it occurred. [Sec. o. Provides for couucilmeu taking 1 Qualifying oath.] [Sec. 7. Provides that all meetings shall be Leal at county seat; names the day and hour; provides for annual meeting; the election of officers of the council and notices of meetings.] [Sec. 8. Provides lor adjournment of the council from day to day until its work > 1* completed.] [Sec. 9. Provides county auditor shall be clerk of the council and keep an ac- 1 curate minute and journal of its proceedings.! [Sec. 10. Provides the sheriff or deputy Shall attend sessions of council.] [Sec. 11. Provides for a quorum of council.] [Sec. 12. Provides for counicl expelling its own members,] Sec. 11 No member of the council shall either directly or indirectly be a party to, : or In any manner interested in, any con- j tract or agreement with the county. Any contract in contravention of the foregoing provision shall he void. Whoever shall knowingly violate the provisions of this section Shall be fined not more than one thousand dollars, to which may be added imprisonment In the county jail for any period not exceeding six months. Sec. 14. No councilman shall purchase either directly or indirectly any bond, order, claim or demand, whatever, against the county during his comtinuance in office, for any less sum than the amount speciffed therein; and any bond, order, claim or demand so purchased by any such person in contravention of the provisions of this section, shall be forfeited to the county, and no action shall be maintained thereon. Sec. 15. The power of ffxing the rate of taxation for county purpose*, and for all purposes where the rate not fixed by law is required to he uniform throughout the county, snail be vested exclusively In the county council; and neither the board of county commissioner*, nor any county officer or officers, shall have power to tix the rale for any such purpose whatever. Tiie power of making appropriations of money to be paid out of the county treasury shall be vested exclusively in such council, and; .except as in this act otherwise expressly provided, no money shall be drawn from such treasury but in pursuance of appropriations so made. Sec. M. Before the Thursday following the first Monday in August, of each yeur, every county officer shall prepare an estimate, Itemized with as great particularity as possible, of the amount of money required for his office for the ensuing calendar year; every clerk of a court or courts of a county shall prepare a separate similarly itemized estimate of the amount required for such year for each court of which he is clerk, and when a court consists of two or more judges whp preside in separate rooms, or over separate divisions of the court, a separate similarly itemized estimate for court expenses in each room so presided in; and every board of county commissioners shall prepare a separate and similarly itemized estimate of all money to be drawn by the members of said lioard, and of all expenditures to be made by the board, or pursuant to its orders, during such year for any and all purposes whatever. To each of such estimate there shall be appended a certificate verified by the oath of the officer preparing the same to the effiTi that In his opinion the amount fixe in each item will be required for- the- purpose indicated thereby. The estimate of the amount of money required for any court or division tnercof shall l>e subject to modification and approval by-the Judge of such court or division thereof, and shall be submitted to him for that purpose before being presenter! to Hie county auditor. In addition to the above estimates the clerk of the circuit court shall prepare an estimate of the following matters: (1) Amount required for expenses of insanity inquisitions during the ensuing calendar year, itemizing the same; (2) Amount required to pay expenses of cases tried in other counties- on changes of venue, such as are taxable under the law against the county from which the change is taken. Sec. 17. Every estimate required by the preceding section to be prepared by any county officer of money required for his office shall embrace in items separate from each other each of the following matter*: (1) Salary of the officer as fixed by law If payable out of the county treasury; If not, an estimate of the number of days or length of time of service required, or other facts, showing diasis of the estimated amount of compensation for the year for the officer at the rate fixed by law; (2) The estimated amount or deputy hire, if any auch is under the law payable out of the county treasury; (3) Supplies for the office if payment for any such can be made out of the county treasury under the law, whether with or without an order of the board of county commissioner* to that effect, itemizing particularly the quantity of each kind of supplies and the probable cost thereof: (4) Any and all -other expenses of the office which are by law payable out of the county treasury with or without an order of the board of county commissioners to that effect, itemizing and specifying with the greatest possible particularity ail of such expenses. , Sec. 18. Every estimate required by said section sixteen <1«) of the amount of money required for any court or division thereof shall embrace. In terms separate from each other, each of the following matters: (1) Salary of the judge or so much thereof as is payable by authority of law out of the county treasury; (ft Salary of probate commissioner, if any; expenses of probate commissioner. If any Itemizing the same; (2) The estimated amount required for bailiff hire; (4) Tbs estimate amount of jury fees; (5) The estimated amount of witness fees that by law may be paid out of the county treasury; (() The estimated amount required for pay of special Judges; (7) The estimated amount of all other expenses of tbs court Itemized and specified with the greatest particularity practicable. Sec. 19. Every estimate required by

tained or supported by the county, suob as court house, county asylum, work house, jail, or other building or InstanttiesC/of what aver character, maintained or supported in whole or in part by money paid out of the county treasury, the estimate shall show in items separate from each other and separately for each Institution: (a) the amount required for construction of new buildings, if any; (b) the amount required for repairs of premises, Itemizing the same as far as possible; (c) the amount for supplies for the institution, itemizing the same; (d) the amount required for employes and agents at each Institution. Itemizing the same; (e) ail other expenses connected with eaoh institution, itemising the same; - (2) The amount required for building of ' bridges, itemizing the same by giving location and amount for each bridge; (3) Amount required for repair of bridges, itemizing the same; (4) Expenses of commissioners' court. Itemizing the same; (5) Salary of the county attorney; (6) Amount of salary or compensation of pauper attorney, if any; (7) Expenses Of 1 board of health. Itemizing the same 1 ; (8) Amount for repair of free gravel roads exclusive of bridges, itemized by naming each road, the; length thereof, and the amount required therefor; (9) Amounts required for election expenses, showing esrtlmuted number of precincts, and by separate items the amounts required for i eacn of the following things: Bay of inspoctors, judges, clerks, sheriffs, rent, meals, hauling and repair of booths and i ballot-boxes, advertising, bill posting, 1 printing and stationery, expenses of election commissioners, expense of construot* : lng or purchasing election furniture and supplies; (10) Amount required for paying principal and interest of bonds and loans maturing during the ensuing calendar year, itemizing the amount required for each loan and issue of bonds; (11) Amount required to pay judgments, adjustments of suits, and costs; (12) Amounts required for the support of inmates of state benevolent institutions, or other benevolent or penal institutions; (13) Amounts required for publication of delinquent tax lists; (14) Amounts required for the compensation of employes, which are payable out of the county treasury. If any; (15) Amounts required for the payment of expenses of county board of review; (16) All other items of expenditures to be made by the board, or pursuant to its order during the year for which the appropriation is to be made, itemized with particularity. Where, under the law, the expense of any office of a county officer, or any part therof, is authorized to be paid out of the county treasury, but requires an order of the board of county commissioners to that effect, the estimate of the expenses of such office shall be embraced in the estimate required to be furnished by the county officer, but shall not be embraced in the estimate furnished by_ the board of county commissioners. The power of fixing the rate of taxation in each township for the purpose of raising funds for the payment of the expense of making the tax assessment of such township shall be vested exclusively in the county council, and neither the board of county commissioners nor any other officer shall have power to fix the rate for any such purpose whatever. Before the Thursday following the ffrst Monday in August in each year each township assessor shall prepare an estimate. Itemized with as great particularity as possible, of the amount of money required for his office i * or the ensuing calendar year. Such es--1 timate shall embrace, in items separate from each other, each of the matters required by section sixteen of this act in the case of estimates by county officers. Sec. 20. All of the above provided for estimates when so prepared, other than the one prepared by the county auditor, shall be presented to said auditor on or before the Wednesday following the first Monday In August, and they, together with the ones so prepared by him, shall : be kept on file In his office subject to Inspection by any taxpayer of the county from the time they are filed. * • • At the regular annual meeting of the council on the first Tuesday after the first Monday in September, the auditor shall present all of said estimates thereto, and make any such recommendations to the oouneil with reference to the estimate as may to him seem proper. And it shall be his duty before such meeting of the council to prepare an ordinance In proper form, to be adopted by the council, fixing the rate of taxation for the taxes to be collected in the ensuing ealendur year, and also an ordinance making an appropriation by items for such calendar year for the various purposes for which all of the above estimates are required. The council at said meeting sha'l act upon such ordinances, and by adopting the same or ! amende*! or substituted ordinances fix the tax rate within the limit prescribed by I law. and make the appropriaiions. Each ! ordinance shall be read upon at least two ! Separate <]ays before its final adoption The council shall have full power to require any estimate not sufficiently itemized to be so itemized by the person who i prepared the same, and to appropriate for ' purpose a sunt not greater than that i estimated in the item therefor By a | three-fourths vote of the council, and not otherwise, an appropriation may be made for an Item not contained in any estimte !? r f,,r *<• greater amount than that named in any Item of an estimate. Sec. 21. If at any time after adjournment of the regular annual meeting in September, an emergency should arise for further appropriations, for any purpose for which the council is authorized to appropriate by this act, such further appropriations may be made at a special meeting of the council, on estimates prepared and presented as hereinabove provided by an ordinance passed by at least a twothirds vote of all the members of the council, and not otherwise. Sec. 22. Funds due the State or anv township, town or city of the county from the county treasury may be paid in tile manner and upon the authority prescribed by law other than this act, but except as to such funds no money shall be paid from the county treasury otherwise than upon a warrant drawn bv the county auditor. Except as to salaries of county councilmen this act shall not be construed ns authorizing the auditor to draw any warrant that is not authorized by existing or other laws than this act. Appropriation by the county council shall not be necessary to authorize a warrant drawn and payment made out of the county treasury In the following instances, namely: Of any money belonging to the state: of any money belonging to any school fund, whether principal or lnt rest; of any money belonging to any fund of any township, town or city of the county; or of any money due to any person. company, or corporation which has been paid into the county treasury pursuant to assessment on persons or property of the county In territory less thkn that of the whole county for any public improvement or purchase thereof such as ditches and drains and repairs thereof straightening water courses, making levees and repairs thereof, or establishing and constructing highways, turnpikes gravel or macadamized roads; of any -money due to any person, company or corporation, which has been paid Into the treasury to redeem from any tax or other sale; or any money so due that has been paid in pursuant to authority of law as a tender or payment to the person, company or corporation; or taxes erroneously paid In all the above enumerated Instances payment inay be made out of the county treasury upon the authority and in the manner prescribed by law without appropriations by the county council. In all other Instances no warrants shall be drawn upon., or money paid out of the county treasury, unless an appropriation by the county council therefor has been made. for the calendar year in which the payment is made, and which appropriation remains unexhausted. [Sec. Provides that county auditors shall keep separate accounts of each specific appropriali >n and shall not allow the appropriation to be overdrawn or used for anv other purpose than that for which appropriation was made, under penalty of fine or imprisonment.] Sec. *4, When any item of appropriation shall remain unexhausted at the end of the calendar year for which the same was appropriated, the amount thereof shall immediately revert to the general fund of the county, and no warrant shall be drawn on such appropriation after the end of such year. Sec. 25. No board of county commissioners, officer, agent or employe of any bounty shall have power to bind the county by any contract or agreement, or in any other way, to any extent beyond the amount of money at the time already appropriated by ordinance for the .purpose of the obligation attempted to be Incurred. and all contracts and agreements, express or Implied, and alfobllgatlons of any and every sort, beyond such existing appropriation, are declared

Sec. 26. Every county officer, and every member of a board of county commissioner*, who shall issue, or cause to be issued, any bond, certificate, or warrant for the payment of money which shall purport to be an obligation of such county. and be beyond the unexpended balance of any such appropriation made for such purpose, or who shall attempt to bind such county by any contract, agreement, or in any other way, to an extent beyond the amount of money at the time already appropriated by ordinance for such purpose, and reamining at the time unexpended, shall be liable on his official bond to any person injured thereby, and shall be fined In any sum not more than one thousand dollars and imprlsioned in the county jail not more than six months. Sec. 27. No court, or division thereof, of any county, shall have (power to bind such county by any contract, agreement, or in any other way. except by judgment rendered In a cause where such court has Jurisdiction of the parties and subject matter of the action, to any extent beyond the amount of money at the time already appropriated by ordinance for the purpose of such court, and for the purpose for which such obligation is atempted to be incurred, and all contracts and agreements, express or implied, and all obligations of any and every sort attempted beyond such existing appropriation shall be absolutely void. Sec. 28. No Judgment against any county shall be enforoible except out of moneys appropriated for that purpose: but the county council may be compelled by mandamus procedings to make the necessary provisions for levying and collecting by taxation and to appropriate the necessary sum for the payment of any judgment, in which case the council may be sued collectively by Us legal name service of process being had on any member thereof, and all members shall be bound by such judgment, and in such proceedings the board of county commissioners and county auditor shall be joined as parties defendant. In order to secure complete and adequate relief In the premises. Sec. 29. Except as to payment of the salary of councilmen herein specifically provided for, this act shall not be construed as authorising the appropriation of any money to be paid out of the county treasury, or the drawing of any warrant therefor, or payment of any money out of such treasury, for any purpose whatever for which such payment out of the county treasury is not authorized by law other than this act. The intent of this act is to place limits and checks upon payments out of such county treasury, and not to extend or Increase them. Sec. 30. The treasurer shall keep an account of all money received by him for taxes collected pursuant to the rate fixed by the council, as required In this act, and as requtrea by law, and on the first day of each month shall certify to the auditor the gross amount collected by him for the preceding month, and the portion of said amount so collected that is county funds shall be available for the use of the county, and may be drawn upon for the purpose of paying any -item of appropriation for such year or any part thereof. rSec. 31. Provides for the complete settlement by the county commissioners with the treasurer at January meeting.] Sec. 32. The county council shall have the exclusive power to authorize the borrowing of money for the county, but the total amount of county indebtedness shall not exceed an amount equaling two U) per cent, of the taxable property of such county, as the same may appear on the tax duplicate for the year in which such loan shall be effected. The ordinance authorizing such loan may direct the issue of bonds or other county obligations, negotiable or otherwise, bearing interest at a rate not exceeding six per cent, per annum, and running not to exceed twenty (20) years. It shall be lawful to provide that the bonds of any series may mature by installments payable annually, or otherwise, if deemed for the public interest. It shall be lawful to issue and sell bonds for any lawful corporate purpose, except that no bonds shall be issued or sold to pay for any current expenses of such county incurred after the passage of this act. Temporary loans may be authorized to meet current running expenses to an amount not exceeding the revenue for the current year, and only as an anticipation of such revenue. It shall be the duty of said council each year to levy an annual tax within the rate prescribed by .law, sufficient to pay all current running expenses of the county, including such temporary loans and interest on county indebtedness, and shall also make a levy as heretofore required to be made by the county commissioners under section 5753 of the Revised Statutes of 1881, if the county have any bonded Indebtedness. If for any reason the amount of revenue In any year should fall short of the sum expected to have been raised, and thereby a deficit shall be incurred for current running expenses, then it shall be the duty of said council to provide for such deficit in the next tax levy. Whenever any bonds are authorized the ordinance shall state the purpose for which said bonds are issued, so that the record may show that such bonds are issued either for the purpose of paying any county indebtedness Incurred before’the passage of this act or for county expenses authorized by law other than current running expenses, or for the payment of bonds issued for said lawful purposes after the passage of this act. Sec. 33. Hereafter the board of county commissioners, or any authority, shall have no power whatever to mane any allowance for voluntary services, or for things voluntarily furnished, and no power to pay or cause the same to be paid for, out of the county treasury; they shall have no power to allow, pay or cause to be paid any money out of the county treasury' to or for the relief or support of any pauper or poor person whatever, or liable to become such, if such person be at the time not an inmate of some county Institution. They shall have no power to contract for services of any physician to attend upon any poor of the county other than inmates of the county institutions; and they shall have no power to pay, or cause to be paid, either per diem or mileage or other compensation to any justice of the peace for making returns or reports to the county auultor or other county authority, or for dockets or other supplies for justices of the peace. All laws or parts of laws conferring power upon any authority to make payment out of the county treasury for any of the matters mentioned In this section, are hereby repealed. See. 34. No sale or conveyance of any real estate of the county of the value of one thousand dollars or more, and no purchase by the county of any real estate of such value, shall take place, except pursuant to an ordinance of the council authorizing such sale or purchase and fixing the terms and conditions thereof. Sec. 35. No supplies or materials of any sort to be paid for out of the county treasury shall be purchased, contracted for or procured by any one except by the board of commissioners, or persons authorized by them, and no warrant shall be drawn on the county treasury and no funds disbursed in payment for any supplies or materials unless the same have been so purchased. Sec. 36. The board of commissioners, having the exclusive power to purchase materials and supplies of any and every sort which are to be paid for out of the county treasury, shall purchase such supplies or materials only upon the written requisition of the officer or employe for whom or for whose work such supplies or materials are deemed necessary. The form of such written requisition shall be prepared by the auditor and approved by the board of commissioners, and printed blanks furnished to the various county officials and employes entitled to make such requisitions. The same shall describe with reasonable particularity the ktnd and quantity of all supplies or materials needed, the purpose for which they are needed, and the place where they are to be used. It shall be the duty of all offloers ad employes Of the Couny who need any supplies or materials to be paid for out of the county treasury, to present to the board of commissioners on or before the first day of September in each year their written requisitions as hereinbefore provided, for all material® and supplies required by them, and each of them, divided under apprpriate headings, properly classifying the same, for the ensuing calendar year. It shall be the duty of the board of commissioners, having required and received such requisitions from eaoh officer or employe of the county entitled to make the same, to prepare full and definite any specifications on or before the first Tuesday after the first Monday of October of eaoh year, of the kind and quantity of all materials and supplies needed for the county for the ensuln* calendar year. Drawings, models or blanks •hall be prepared when needful to make definite any specifications. In preparing

auch specifications the beard of commissioners may reduce the amount of any .requisition submited to them a* they think proper, but said commissioners may not purchase, contract for nor procure any materials or sypplfes not called for in such requisitions on file with them as herein, required, unless / by the vote of two commissioners entered in their record •rating the necessity therefor. After the preparation of such specifications of materials and supplies so required for the ensuing year, the same shall be placed on file and kept in the auditor's office, where they shall be open to public inspection. The commissioners shall cause a brief notice to be published one time In each of two leading newspapers of general circulation published in the county. If there be such, representing respectively the two political parties casting the highest number of votes in such county at the last preceding general eleotlon, in the month of December of each year, informing the public of the general nature of the supplies and materials required by the county and of the fact that specifications for the same are on file in the auditor's office, and calling for sealed proposals for such supplies by a day stated In said publications and not earlier than ten days after said publication. No bids shall be received for any materials or supplies differing from the exact specifications prepared and filed as hereinbefore required. Said board shaJl, after a satisfactory bid is received, let a contract to the lowest responsible bidder for each line or class of supplies or materials required. One line or class shall consist of blank books, records, special ruled blanks and similar materials, and another class shall consist of legal cap stationery, tablets, pens, ink, pencils, and other similar materials required, and another class shall consist of letter heads, envelopes, printed stationery and such blanks as can be printed and ruled at a single impression, anu similar materials. The purpose of such classification being to secure the freest competition and the lowest prices from dealers: Provided, That they may reject any and all bids and readvertise for new bids. Bids shall be submited separately and contracts shall be let separately upon each line or class of material or supplies. In every case the contract so-4et shall fix not only the price but the exact amount or quantity to be furnished, except that in the case of contracts for meats, groceries, dry goods, fuel, and house furnishings required for the subsistence of inmates of county institutions, and blank books, blanks and stationery for the use of the county, the board may in its discretion let contracts for such articles at stated prices, leaving the amount or quantity to be furnished to vary with the needs of the county. All such contracts for materials or supplies required for the ensuing calendar year shall be made for the entire year for the particular line or class of articles or materials embraced in the contract, and it is declared to be unlawful to make partial contracts for a portion of the year’s supplies, except that county asylum, poor farm and workhouse supplies may be contracted for quarterly instead of annually. If after such letting an emergency shall arise for the purchase of additional materials or supplies, before the next period above fixed for another letting, the board of commissioners shall have power to receive requisitions, make publication and receive bids for such additional materials or supplies In the manner above provided for the annual letting of contracts, but such power for the purchase of additional materials or supplies made necessary by such emergency shall not be exercised except a certificate be signed by two of the three commissioners certifying that in their Judgment an emergency exists for such additional purchases and what the emergency is. which certificate shall be filed in the Auditor’s office and spread upon the records of the county commissioners. Sec. 37. In all cases in which the board of commissioners are now or may hereafter be authorized by law to contract for the execution of any public undertaking, said board shall cause to be prepared and placed on tile in the office of the auditor complete and detailed specifications of the same, including full and complete drawings if the same consists of the construction or reconstruction or material alteration of any bridge, jail, court house, asylum or any other public structure. Likewise such specifications shall be supplemented By full and complete drawings or models in all other cases where the same are needful or desirable to completely and definitely aeftne the work so proposed to be undertaken. Upon the filing Of said specifications and drawings in the office of said auditor, said board shall cause a brief notice to be published * * * informing the public of the general .nature of the proposed undertaking and of the fact that drawings and specifications are on file at such office, and calling for sealed proposals for such work by a day fixed in said publication, but not earlier than two weeks after said publications. In all cases where the amount involved exceeds two thousand ($2,000) dollars, such advertisement shall be published twice' in each of such newspapers, and the time for receiving bias shall be not earlier than four weeks after the first of such publications. Further publications may also be made when deemed for the public interest. Sec. 38. No warrant shall be drawn by tire auditor and no funds shall be paid out of the county treasury in payment of any claim unless the same has been fully Itemized and its correctness verified by the claimant, or some one in his behalf, and filed with the auditor more than five days before the first day of the session of the board of commissioners at which time the same is allowed. No warrant shall be drawn and no funds shall be paid out of the county treasury in payment of any claim for materials or supplies unless the same have been purchased pursuant to the S revisions of this act, nor until the same as been approved by the commissioners. The commissioners shall not approve any claim for materials or supplies until they are satisfied that the same have been delivered to the county in compliance with the contract. In every case the person authorized to receive such materials or supplies on behalf of the county shall check up Item by item the invoice or bill -for the same immediately upon receiving them, and shall certify in writing upon said invoice or bill the materials or supplies therein listed have been furnished and delivered to him In accordance with the contract; oi; in case there shall be any deficiency, eithei* in quantity or quality, or any discrepancy between the materials or supplies delivered and the contract, or any failure to comply with the contract in any particular, such person shall certify the facts in writing upon said bill and shall deduct therefrom the just amount. Such bill or Invoice, with such certificate shall be Immediately filed with the auditor, but the same shall not be allowed by the commissioners unless the auditor certifies in writing that the same corresponds as to quantities and prices with the contract. Such certificates shall not be conclusive, but it shall be the duty of the commissioners, before approving any claims, to otherwise satisfy themselves that the contract has been complied with. Sec. 39. In all cases where a claim Is filed upon a contract with said commissioners for work to be conducted under the supervision of the county surveyor, or of any architect, engineer, superintendent or Inspector appointed by said commissioners, said board shall not allow such claim until such surveyor, architect, engineer, superintendent or Inspector shall certify in writing upon claim that the work therein mentioned has ben performed according to contract, and that the amount of said claim is due and owing by the terms of said contract. Such certificate must be filed with the claim, but the same shall not be conclusive, and it is declared to be the duty of said commissioners to inform themselves as to whether said money is due and owing under the contract, before allowing such claim. No warrants shall be drawn and no funds shall be paid out of the county treasury in payment of any claim on any contract with the commissioners for the execution of any public undertaking, except such contract has been let pursuant to the provisions of this act, nor unless said claim has been filed and allowed by - the commlßsoners in the manner herein required. [Sec. 40. Provides that when bonds are to be sold the auditor shall place on file printed copies of the ordinance authorising the bonds; a statement of the indebtedness of the county end amount of assessment of property.] Sec. 41. In»all cases where any county officer Is authorised by this act to receive bid* for any purpose. It shall be the duty of the eounty auditor to prepare and furnish to possible bidders printed forma «n which all bids shall be submitted. No alteration or erasureUn the form of said bid from that prescribed by the auditor, with the approval of the commissioners, •hall be permitted, and no bid stoaH bo

removed which does not comply with this Klsion. In the case of the sale of s, each bid shaif state the full amount In cash which will be paid by the bidder for the total issue of bonds, and shall be accompanied by a certified theck of three per cent, of the par value sf the bonds to be sold, drawn against money deposited ih any reliable bank in said county, if any. or if there is no such bank in the county, then in some bank In the state. Such check shall be payable to the board of commissioners, and shall be held as a guaranty of the performance of said bid should the same be accepted. Such check shall be returned to the bidder if his bid shall not be accepted, but If accepted the bidder shall forfeit the amount thereof to said county snould he fail to perform hi ß bid. Similar requirements for & deposit of certified check* may be required in any other case where bids are received pursuant to this act, if in the discretion of the commissioners receiving such bids it shall seem for the public Interest. No bid for any contract for any public undertaking shall be received unless accompanied by good and sufficient bond; payable to the board of commissioners of said county, signed by at least two resident freehold sureties, or by sureties, or by a surety company, resident or non-resident, to Ihe approval of said board. Said bond shall guaraty the faithful performance and execution of the work bid for according to the plans and specifications and according to the time, terms and conditions of the contract, in case the same Is awarded to said bidder, and that the contractor so receiving said contract shall promptly pay all debts incurred by him in the prosecution of such work. Including labor, materials furnished and the board of laborers. Similar requirements for bond and surety may be made in any other case where bids are received, if deemed for the public interest. In all cases bids shall be publicly opened for the first time in the room of said county commissioners, during business hours. Ail bids received shall be endorsed by the auditor "accepted" or “rejeoted,” and shall be preserved on file in the auditor’s office ana be subject to the Inspection of any dtisen. Upon the acceptance of a bid. a formal contract embodying the terms thereof, shall, wherever the same is desirable or necessary, be prepared by the auditor, with the advice of the county attorney, for the approval of the commissioners, and the same shall be executed by both parties. [Sec. IS. Provides that bidder for contracts snail file with proper officer an affidavit that he has not entered into a combination relative to price to be bid for such contract; if guilty of such collusion bidder forfeits contract.] [Sec. 43. Makes It the duty of the county auditor to prepare blanks and furnish to all persons entitled to use them for the purpose of carrying out the provisions of this act.] Sec. 44. Whenever the auditor shall draw a warrant for any claim pursuant to this act, he shall charge the same against the amount of the appropriation made for such purpose. In case any claim shall embrace materials or supplies or labor for more than one officer or institution the same shall be divided and the proper amount charged against the fund appropriated for each officer or institution receiving such materials or supplies. Similar apportionments of charges shall be made in all other cases where any claim should be apportioned between different appropriations. Sec. 45. In any case where money is paid out of the county treasury contrary to the provisions of this act, the same may be recovered by suit in the name of the state of Indiana, on the relation of the board of commissioners of the county against the officer or officers unlawfully disbursing or assisting therein, or against the person receiving such funds, or both. In case said commissioners shall fall to institute such suit, any citizen or taxpayer may, after thirty (30) days, demand in writing upon said commissioners that such suit be instituted, and, upon the failure or refusal of such commissioners to comply with such demand, institute such suit In the name of the state of Indiana, on his own relation, for the benefit of such county. In any such suit, whether on the relation of the county or of a citizen or taxpayer, there shall be recovered in addition to the amount of money paid out of the treasury in violation of this act, interest at the rate of six per cent, per annum, and the Just attorney's fees and necessary expenses of the plaintiff in the bringing and prosecution of said suit, to be determined by the court. Sec. 46. The board of county commissioners, at its first session in every year, shall make a fair and accurate statement of the receipts and expenditures of the preceding calendar year, and shall cause the same to be posted up at the court house door and at two other places in the county, arid published once in each of two leading newspapers of such county, if any there be, representing respectively the two political parties casting the highest number of votes In such county at the last preceding general election, and it shall be unlawful for the board of commissioners to pay for publishing said statement in more than two newspapers. [Sec. 47. Fixes rate to be paid for advertising at II per first insertion, and 00 cents for each additional insertion of 250 ems.] [Sec. 48. Provides for the appointment of the councilmen by the circuit court to hold office until their successors are elected and qualified and for filling vacancies.] Bee. 49. The provisions of this act requiring appropriations to be made by the county council and prohibiting warrants upon the county treasury being drawn, or money paid thereupon, except pursuant to such appropriations, shall be construed to apply only to warrants so drawn or money so paid on and after the first day of the first calendar year for which appropriations can have been made by such council pursuant to the provisions of this act; and shall not be construed to prevent the drawing of warrants or payment of money ih the meantime pursuant to authority of law other than this act. And all powers which are by this act vested in the county council, but by other laws are authorized to be exercised by other bodies or officers, shall continue to be so authorized until such time as the council is required to have been appointed or elected and qualified under the provisions of this act. [Sec. 50. Provides that the board of county commissioners’ regular sessions beginning on the first Monday of each month, and continuing only so long as the necessary business of such session absolutely requires. The county commissioners serving under this act shall receive for their services the compensation now or hereafter fixed by law.] Sec. 51. In all cases where by law a notice, report or statement of any kind is required to be published for the cost of publication of whioh the county is liable. It shall be unlawful for the board of commissioners to allow or pay for publishing the same in more than one newspaper unless said publication Is expressly required by law to be published in more than one newspaper. And in no case shall any publication be made or paid for in more than two newspapers In the same eounty. Any member of the board of commissioners violating any of the provisions of this'section shall be fined in any sum not less than SSO nor more than sooo. [Sec. 52. Repeals all conflicting laws.] TOWNSHIP BILL. Senate Bill No. 81—New: An Act Concerning Township Business. [Section 1. Provides for the creation of • township advisory board of three members; provides for filling vacancies, and requires annual meetings, and says: “At such meeting the hoard shall oonslder the various estimates of township expenditures proposed by the township trustee, and shall have power to concur in such estimates, or In any part thereof, or to reject any proposed item, in whole or in part. Any existing indebtedness need not be paid until due. And the advisory board at the-first annual meeting may apportion the payment of any existing indebtedness other than to the county or for current expenses for a named term not exceeding five years. When they shall have determined upon the estimates and amounts for which taxes should be levied upon the property and polls within said township for the ensuing year, they shall then determine and fix the rates of taxation upon such property and polls as to the estimated parposes severally. The rates so determined by such board their shall then certify to the county auditor, who shall place the asms upon the Mx duplicate and the same shall be collected ana enforced as prescribed by law. The rates so prescribed shall ba *T53i ttoresfcSpfrom th?f£S & he dS^^aJSSpriSuo^tor 1 ths . * . - - *•' ' ' ‘ •• - - ’■ •

mates are fixed. Bald hoard shall Msp s record of their proceedings In a MS* rate book to be furnished by such wastes, and kept as a port of the record* of the township, to be known as the rSssrd of the advisory board of such township, and to remain in the custody of tbs chairman of such board. Said board shall elect one of its members secretary for saM board, who shall record the proceedings thereof at any meeting, in full, under the direction of the hpard. which shall bs signed before the board adjourbi. Any meeting may adjourn from day to day till the business is completed.] [Sec. 2. Provides that taxpayer* may® attend meetings of tbe board.] Sec. 3. Annual meetings, expenditures, and tax levy.—The trustee shall ax least thirty (30) days, and not more than forty (40) days, before tbe annual meeting of the advisory board, in each year, post at or near the door of all poatoffiops in tha township a statement of the several estimates and amounts of the proposed annual expenditure* and the rates of taxation proposed for levy against the property within such township, for the several funds to be expended for his township during the calendar year, and also copies of such notice shall be published one time in the issue printed In the first week of August of each year in the two leading newspapers published in ths county, representing the two political parties casting the highest number of votes in such county at the last preceding general election, and one publication in a newspaper published in the township interested, if there be a paper published therein. The cost of such publication shall not exceed two dollars in any ons year to any one paper, and the cost of necessary copies for posting and delivery to the board shall not exceed $1.50 in any one year. And he shall furnish within like periods to eaoh of the members of ths advisory board a statement of such estimates and amounts. [Here follows blank form.] The trustee shall procure and lay before the advisory board at tbs annual meeting thereof, the assessed valuation of ths taxable property of the township for sndb year, and also the number of taxable polls in such township. /Seo. 4. Require trustees to attend meetings advisory board and furnish an itemised estimate for all expenditures of any nature whatever, and specify number of teachers employed; estimates of bridge and road work an 4 supplies furnished justices of the peace.] [Sec. 5. Provides for compensation of board not to exceed $5 per annum.] [Sec. 6. Provides for colled meetings of the' board, the call to stipulate vital business is to be transacted.] [Sec. 7. Requires township trustees to keep In a financial record an itemised account of the financial affairs of tbs township in a form of bosks adopted by the auditor of state.] Sec. 8. Annual settlement with ths board.—The trustee shall present to the advisory board at the annual meetings thereof, complete reports of all of ths receipts and expenditures of hi* office slndb the last annual meeting, with the balances to the credit of each fund under his charge; and If he has any money from any source in Us hands, or under hi* control, which is not included in any particular fund as shown in such report, then he must stats all the facts concerning such moneys in his report, ft. h item of expenditure shall be acoompan :d ' by the verified ' receipt of the person to whom the sum evidenced thereby lis been paid, stating particularly for wl.at article or service the payment has been made; that the sum receipted for is the exact sum received and that no part thereof has been retained by or returned to or has been agreed, directly or indirectly to be returned to tbe Trustee, or to any other person, and the trustee Is empowered to administer oaths to the persons giving such receipts. Tbe report so presented shall bs verified by the oath of the trustee, showing that the sums with which he is oharged in said report are all of the stuns received by him, and that the various items of expenditure credited have been fully paid in the sums stated, and without express or implied agreement that any portion' thereof shall be retained by or repaid to him or to any other person. And the trustee shall subscribe and fi« oath that he has received no money nor article of value in consideration of any contract made by him as such trustee. The board shall consider and approve, in whole or in part, the report of the trustee so made, and any sum appropriated and remaining In the hands of the trustee, unexpended, and for which no liability exists against the township, shall bs deemed and credited in favor of the fund for which it was appropriated, and shall be conaiderered in the ensuing levy. The expenditure of any fund, in whole or in part, to any account for which it was not appropriated by said board, shall be deemed by the board a balance of such fund unexpended and in the hands of the trustee, for which he shall be liable upon his bond. Any member of the board may administer oaths, and said board may send for persons, books and papers if necessary in such examination of said report, and when the examination is closed they shall enter of record their action thereon, specifically stating such parts and items as may be altered or disallowed. Such annual reports shall remain under the control of such board, the 6ustody thereof to be held by the chairman, and at any time shall be subject to inspection by any taxpayer of the township. On the annual final settlement belne made, the trustee shall, within ten (St) days thereafter, file a copy of such report as adopted by the board, with the accompanying vouchers in the office of the county auditor to be preserved; and upon failure the trustee shall forfeit five (taOD) dollars per day for each day until so filed, to be collected by suit of the board for the benefit of the township. In case the term of the trustee shall expire, or he shall resign or die, then he. or his administrator. shall at once make final settlement with the board. Sec. 9. If a trustee finds It necessary to erect a new school house, he shall procure suitable specifications therefor, to be used by 'the bidders in bidding and in the construction of said house. If he desires to purchase any school furniture, fixtures, maps, charts or other school supplies, excepting fuel, and literary periodicals in such amounts as may be year, he shall make an estimate of the authorised by the advisory board, in any kinds and amounts, itemised particularly to be used by bidders therefor. If it is necessary to make repairs on or about the school houses other than current or Incidental repairs, he shall likewise make an itemized statement of the nature and character of the work to be made for the use of bidders. He shall in like manner, make a schedule of such work as may be hecessary in the repair or construction of bridges in his township for any one year. All contracts shall be let, after notice given, by posting for three (3) weeks in five (&) of the most public places in the township, and also at or near the door of each postoiflee therein, stating briefly the building*, repairs or supplies sought to be let, and when and where bids will be received and opened therefor; and if the contemplated expenditures in any one class shall be five hundred ($500) dollars or more, he shall post notices as aforesaid, and also publish notice thereof for one (1) time in two leading newspapers published in the county representing the two political parties casting the highest number of votes in such county at the last preceding general election: Provided, That one of such publications shall be made in a newspaper published in the township Interested, If there be a newspaper published therein. The advisory board shall attend the letting. At the letting all the work or supplies In any one class shall be included and let in a •ingle contract. All bids shall be in writ- ■( lng and be opened and read publicly at the time and place fixed in the notice. The trustee may take time to examine and satisfy himself as to which is ths lowest and best bid, and shall advise with the advisory board thereon; and said board is hereby empowered to reject any and ail bids. The trustee shall endorse on tbe bids whether rejected or accepted and preserve the same. When a bid is accepted, a proper contract shall then be reduoed to writing for such building, repairs or supplies, as the case may be. and be- signed by the successful bidder and the trustee, who shall require the bidder to give bond with security, to he approved by him, for the faithful execution of sttoh contract. [Sec. Ml Provides township trustees shall receive for their services tile comtsb* assy of UU, iwl bo Vppolntmmt ,