cies organor county ses. 2. To purchase and hold real and personal estate for the use of the county, and lands sold for taxes as provided by law. 3. To sell and convey any real or personal estate owned by the county, and make such orders respecting the same as may be deemed conducive to the interest of the inhabitants. 4. To make all contracts and to do all other acts in relation to the property and concerns of the county necessary to the exercise of its corporate or administrative powers. 5. To exercise such further powers as shall be specially conferred by law. SECTION 3. Counties organized for county, and not judicial ot judicial purposes, shall be governed by the provisions of this chapter so far as they shall be applicable, subject, however, to the provisions of their organic acts; and such counties shall for judicial purposes be deemed to be within the limits and part of the county to which they are attached. ons of state SECTION 4. Such portions of the state, not organized into counganized in- ties, as are annexed to any organized county, shall for judicial and other purposes be deemed to be within the limits and part of the county to which they are annexed. nties. -rate powers rd. rty of y to be held SECTION 5. All real and personal estate heretofore conveyed, or which shall hereafter be conveyed, by any form of conveyance, to any county, or the inhabitants thereof, or to any person or persons for the use and benefit of such county or its inhabitants, shall be deemed to be the property of such county; and all such conveyances shall have the same force and effect as if they had been made to the inhabitants of such county by their respective corporate names. SECTION 6. The powers of a county, as a body politic and corporate, can only be exercised by the board of supervisors thereof or in pursuance of a resolution by them adopted. SECTION 7. The property of the several counties shall be held rk of the by the clerks of the boards of supervisors of such counties in the name of the county, and shall be disposed of by the said clerks under the direction of the said county board. -oard of su ale and con ce of real &c. The board of supervisors of each county may, by their order of sors may di- record, direct the clerk of said board to sell and convey any real estate of their county not donated for any special purpose; and all deeds made on behalf of said county by the clerk of the board of supervisors of said county, under his hand and official seal and duly acknowledged by him, shall be sufficient to convey all the rights, title, interest, and estate which the county may then have in and to the land so conveyed. 1851, ch. county to de county ings. Soner escape * * * OF COUNTY BUILDINGS. SECTION 16. Each county organized for judicial purposes shall at its own expense provide a suitable court house and a suitable and sufficient jail, and fire proof offices and other necessary county buildings, and keep the same in good repair. SECTION 17. In case of the escape of any prisoner by reason f the insuffi person shall her was com gainst him, t recovered of reason of suc OF LEGAL PR any county a ceedings shal such controve and the judg proceedings b SECTION 1 a county, the be "the board name of the c County officer of office for th SECTION 2 supervisors, t and whenever shall be the d ney thereof, a may be intere as other count after the rend cy of jail, county of the jail, whereby the sheriff or any other from insufficien- liable to any party at whose suit such pris-able. or to whose use any forfeiture was adjudged nty shall reimburse and pay all sums of money eriff or such other person by such party, by e. INGS IN FAVOR OF AND AGAINST COUNTIES. county con ducted same as henever any controversy or cause of action Legal proceedany of the counties of this state, or between ings in which state, or an individual or individuals, such pro- cerned, to be conand for the purpose of trying and finally settling between individnd the same shall be conducted in like manner, uals. herein shall have the like effect, as in actions or n individuals and corporations. all such actions or proceedings by or against Name in which = in which the county shall sue or be sued shall county shall sue upervisors of the county of (the ;) but this provision shall not prevent other en authorized by law, from suing in their name nefit of the county. and be sued. On whom pro In all legal proceedings against the board of rocess shall be served on the clerk of the board; cess against supervisors to be h action or proceeding shall be commenced, it served, and duty of the clerk forthwith to notify the district attor- of clerk of board. o lay before the board of supervisors, at their ng, all the information he may have in regard to oceeding. county to be On the trial of every action in which a county Inhabitants of , the inhabitants of such county shall be compe- competent witnd jurors, if otherwise competent or qualified nesses and ju rors. may be prosecut Any action in favor of or against a county which Actions for or or against an individual, could be prosecuted be- against counties the peace, may be prosecuted by or against such ed before justices. anner before such justice. In all actions or proceedings prosecuted by or Costs recoverable or by or against county officers in their name of in all cases. ors or county of der of court. I be recoverable as in actions between individuals. When a judgment shall be recovered against the Execution sors of any county, or against any county officer, against supervissecuted by or against him in his name of office, ficers, not to isshould be paid by the county, no execution shall sue, except on orssue upon such judgment, except as herein proame, unless reversed, shall be levied and collected charges, and when so collected shall be paid by Surer to the person to whom the same shall be adThe delivery of a proper voucher therefor; but if of be not made within sixty days after the town required to make their returns of county taxes next tion of such judgment, execution may be issued f whom county isors to consist. uorum. 'here but one thereon, upon the order of the court authorized to issue such exe- wn supervisors OF THE BOARD OF SUPERVISORS. SECTION 25. The county board of supervisors shall consist of ard of super- the chairmen of the boards of supervisors of the several towns, and the supervisors in any city in the county, authorized to sit in the county board; and a majority of the supervisors entitled to a seat in the county board, shall constitute a quorum for the transaction of business; but whenever a county shall consist of only wu in county, one town, the supervisors of such town shall constitute the board > be county su- of supervisors for such county, and they shall exercise and perform all the powers and duties of a board of county supervisors.1 nnual meeting SECTION 26. The county board of supervisors shall meet anboard; when nually on the Tuesday next succeeding the general election in each year at the county seat, if there be one, in their respective counties, for the transaction of business as a board of supervisors. They may also hold special meetings when necessary, at such times and places as they may find convenient, and shall have power to adjourn from time to time, as they may deem necessary. ervisors. nd where to be eld. pecial meetings id adjourn ent. eneral powers SECTION 27. The board of supervisors of each county in this county board state shall have power at any legal meeting: supervisors. Wis., 134. 1. To make such orders concerning the corporate property of the county as they may deem expedient. 2. To examine and settle all accounts of the receipts and expenses of the county; and to examine, settle, and allow all accounts chargeable against such county, and when so settled they may issue county orders therefor, as provided by law. But the board of supervisors of any county shall not issue in any one year a greater amount of county orders than the amount of the county tax levied in such county for such year; and no interest shall ever be paid by any county on any county order.2 1 Where the supervisors of a county have neglected to perform any duty required of them, at their annual meeting, they may be compelled by mandamus to meet again and perform it. They cannot by their neglect nullify a statute imposing duties upon them. This was a case where the board of supervisors of Chenango county in the state of New York, at their annual meeting in 1851, neglected to issue warrants for the military commutation, which it was their duty to do by law at that meeting. The supreme court issued a mandamus requiring them to meet and issue the warrants. Held, that the mandamus was properly issued.-[People v. Supervisors of Chenango, 4 Seld., 317. 2 The power granted to supervisors of a county to examine, settle, and allow all accounts chargeable against a county involves the right to reject, if sufficient reason in the opinion of the supervisors is not presented for the allowance.-[People v. Supervisors, Dutchess Co., 9 Wend., 508. A board of supervisors, by auditing and paying part of a claim presented, is not thereby precluded from contesting the residue, even upon a principle which would show the former allowance to have been improper. A mandamus will not lie to a board of supervisors to control them in the exercise of their discretion as to the amount at which an account presented shall be audited.-[ People v. Supervisors, 1 Hill, 362. Where a clear legal duty rests upon the board of supervisors, being a matter in which they have no discretion, mandamus will lie and is the proper remedy to compel them to perform that duty.[Boyce v. Supervisors of Cayuga, 20 Barb., 291. Boards of supervisors cannot bind their counties by an act not within the limits of the express powers conferred upon them by statute. They cannot allow a claim on any notions of their own as to its equity.[Chemung Canal Bank v. Supervisors of Chemung, 5 Denio, 517. The necessary lights and fuel for the keeping of the several county offices in a suitable condition for the transaction of business, are a proper county charge.-[Jefferson Co. v. Besley, 5 Wis. R. 3. To bu 4. To c the treasur wise, for th and in case for county 5. To a aw, and necessary necessary c lawful auth 6. To re property, a County, in 7. To P them. subje 1. To se state with a United Stat therefrom, legal voters Voters residi 2. To apl daly appoin them to lay their own, a tion of the b 3. To alt within their 4. To aut purposes, in sand dollars by law to le to authorize tion of town, and expedien provided, an shall at som raised. keep in repair county buildings. - county buildings to be insured in the name of e county, and his successors in office, or othert of the county, as they shall deem expedient, re no public buildings, to provide suitable rooms s. and order the levying of taxes, as provided by he raising of such sums of money as may be ay the county charges and expenses, and all incident to or arising from the execution of their the county, and to have the care of the county management of the business and concerns of the es where no other provision shall be made. all other acts and duties which may be authorby law. In addition to the ordinary powers and duties of Special powers. ty boards of supervisors enumerated in the pre he following special powers are conferred upon such modifications and restrictions as the legislame to time prescribe, to wit: organize, vacate, and change the boundaries of s. L. 1851, ch. respective counties, designate and give names 257. and place of holding the first elections therein, cessary orders for the disposition and preservation nd papers of any town which may be vacated by -ovided, that no town shall be vacated unless a votes of all the members of the board shall so ovided further, that no town in any county of this rea of thirty-six sections or less, according to the rvey, shall be divided or have any part stricken out first submitting the question to a vote of the the town; nor unless a majority of all the legal in such town shall vote for the same. t commissioners to act with similar commissioners in any other county, or counties, and authorize , alter, or discontinue any road extending through one or more other counties, subject to the ratificad. vacate, or discontinue territorial or state roads, pective counties. ize the levying and collecting of taxes for specific y town or school district, not exceeding one thouhen such town or school district is not authorized and collect the same, or so large an amount; and e issuing and renewal of any warrant for the collecchool, or road district taxes, as they shall deem just when the same is not otherwise authorized by law : jority of the electors of such town or school district duly organized meeting vote that such a tax be 3 S. L. 1857, ch. 92. S. L. 1852, ch. 29. Orders, &c., 5. To grant licenses for keeping ferries in their respective counties, and such other licenses as shall be prescribed by law. 6. To allow such bounties for the destruction of wolves in their respective counties [as they may deem proper.] 7. To alter or change the name of any person, town, or village in their respective counties. 8. To alter or vacate any town or village, or any part thereof, surveyed, plotted, and recorded in any such county, upon petition, and upon such notice as is required in vacating towns by the circuit court. 9. To grant charters to any persons to build and maintain toll and free bridges in their respective counties, and to regulate the tolls thereof. 10. To incorporate literary, benevolent, charitable, and scientific institutions. 11. To grant charters and confer corporate powers upon such persons or companies as they may deem expedient, to build and maintain plank or turnpike roads in their respective counties, not inconsistent with the laws of this state, and to regulate the tolls thereof. 12. To grant charters for ferries to such persons, and for such period of time, as they may think right, not exceeding ten years, and to prescribe the rate of ferriage. SECTION 29. All orders and determinations by which the shall be in the provisions of the next preceding section shall be carried into effect, shall be in the ordinary form of laws passed by the legislature of this state, and shall commence as follows: form of laws. S. L. 1852, ch. 429. Duty of the clerk to publish orders The board of supervisors of the county of mine as follows. do order and deter SECTION 30. It shall be the duty of the clerk of the board of &c., made under supervisors of the respective counties of this state, whenever any the provisions of order or determination is made under the provisions of this chapter, to cause the same to be published in some newspaper published in such county, and if there shall be no newspaper published in such county, then in such paper as shall have the most general circulation in such county. this chapter. Id. Papers containing such orders to be distributed to town clerks. Id. When name of town is changed, SECTION 31. Such clerk shall order a number of the papers SECTION 32. In case the name of any town shall be changed it must be pub by any board of supervisors, it shall be the duty of the clerk of lished, and secre- said board immediately to transmit a copy of the record of the change of name to the secretary of state; also, to publish the same in some newspaper printed in such county, if one be published therein, if not, then in some newspaper published in an adjoining county, for four weeks. tary of state notified. Proceedings of SECTION 33. When thirty or more freeholders, residents of any town, shall apply to the county board of supervisors for a division of such town, the supervisors, at the next annual town meeting he question to shall contai partly prin and if the the supervi if a majori town shall acted upon unless it co the town pr the last gen SECTION seal, and m doors, and their meeti provided, sh supervisors SECTION election, cho side at such present; bu bers present man. SECTION an oath to board, or co countersign SECTION of supervis items, and th no specific fo sarily devot account, shal verified by a SECTION strued to pre in whole or requiring an priety thered 1 The clause of with, is directory A compliance w claim, nor does a The board may account, and an a circuit court for w If the board in first instance, tha after an appeal is R.,414. Where an accou to the board of su plaintiff or claima was determined, he therefor,-held, th claim-SMITH, J., |