fiscal year, shall cause to be published in one more newspapers for one week, if any be published therein, or if none be published therein, or if no such paper will publish the same for the price fixed by law therefor, the same shall 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 debts 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. Such statement shall be prepared by the clerk, and for performing such services, he shall be allowed a reasonable compensation by such court. And any clerk of a county court, who shall, within the time prescribed, fail to perform the duties required by the provisions of this section, shall forfeit the sum of fifty dollars.

IN WHAT CASES ORDERS MAY BE DRAWN ON THE COUNTY TREASURY.

36. No order shall be drawn on the county treasury unless allthorized by a special order or appropriation of the 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.

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:

county

date

dollars

"No.The sheriff will pay to A. B., or order, the sum of and cents allowed by special appropriation passed on the 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.

day of

C. D. President."

Or instead of the words "allowed by special appropriation passed on the 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.

39. If, when an order is presented to the sheriff, there are not funds to pay the same, the person entitled to receive the sum of money specified in such order, may require 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 was due at the time of presentment, shall in such case be payable with legal interest from the said date. But if the sheriff, having funds to pay the same, fail to pay any county order properly endorsed, when presented to him 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, 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 presentation, with legal interest on such amount from that time until payment, and ten per cent on the same amount as damages.

CLAIMS AGAINST THE COUNTY; HOW PRESENTED.

40. Every person having a claim or demand against a county, shall file with the clerk of the county court thereof an account or statement of the same, fully setting forth the items; and where the claim or demand is for services for which no rate or compensation is fixed by law or by such court, the number of days occupied in such services. The clerk shall present such account or statement to such court at its first meeting thereafter, which shall allow the whole or such part thereof as they may deem just, or disallow the whole.

NO SUIT TO BE BROUGHT AGAINST THE COUNTY EXCEPT ON CLAIMS DISALLOWED.

41. No suits shall be brought against a county court for any demand for a specified sum of money founded on contract, 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 neglect or refuse to act on such demand by the close of the first session after that at which it is so presented, or of the 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 SHERIFF, ETC.

42. When a judgment or decree for a sum of money is 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, it shall be his duty to pay the same to the person entitled thereto, if at the time of such presentation he has in his hands any moneys of the county applicable to the payment 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.

CERTAIN PROPERTY OF COUNTY EXEMPT FROM EXECUTION, ETC.; ENFORCING PAYMENT OF CLAIMS BY MANDAMUS.

43. The lands, buildings, furniture and books belonging 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 shall 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 thereafter 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.

COMPETENCY AS WITNESSES OR JURORS.

44. In any suit or proceeding in which a county is interested, 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,

45. The circuit court of any county may, by writ of prohibition, prevent the county court of such county from exercising any jurisdiction or authority which is not conferred on it by law or necessary and proper for carrying into execution the powers so conferred; and may, by writ of mandamus, enforce the performance of any legal

duty of such court. But in such cases a writ of error or supersedeas be granted on like principles and rules as in other cases.

may

RECORD BOOKS TO BE KEPT.

46. The county court of every county shall provide two record books for the use of the court, in one of which shall be entered all the proceedings of the said court in 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 from the final order of the county court in the following cases:

First. In cases of contested elections tried and determined 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 from the order of the county court of the probate of a will, the same shall be reviewed and the same proceedings shall be had thereon, as if the application for such probate had been made to the circuit court in the first instance.

BILLS OF EXCEPTIONS.

48. At the trial or hearing of any matter by the county court as to which an appeal will lie under the next preceding 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,) 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 in the decision complained of, he may be compelled to do so by the circuit court of the county by mandamus. A 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.

49. (Acts 1883, p. 66.) The county court of every county shall allow annually to the county officers hereinafter mentioned, for their 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: The sheriff not to exceed two hundred dollars, except that the sheiffs

of Cabell, Fayette, Jackson, Greenbrier, Lewis, Mason, Marshall, Marion, Monongalia, Morgan, Putnam, Preston, Ritchie and Wood counties shall be allowed a sum not to exceed three hundred dollars, and to the sheriffs of Kanawha and Ohio counties a sum not exceeding five hundred dollars.

To the clerk of the circuit court not to exceed two hundred dollars, except that the clerk of the circuit court of Ohio county shall be allowed annually not less than five hundred nor more than twelve hundred dollars, and of Berkeley, Barbour, Cabell, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Lewis, Marion, Mason, Marshall, Putnam, Ritchie, Upshur, Wetzel and Wood counties a sum not to exceed six hundred dollars each.

To the clerk of the county court a sum not to exceed two hundred dollars, except that the clerks of the county courts of Barbour, Greenbrier, Jefferson, Lincoln, Lewis, Monroe, Putnam, Randolph, Ritchie, Tyler, Taylor, Upshur and Wayne counties shall be allowed a sum not to exceed three hundred dollars, and to the clerks of the county courts of Berkeley, Ohio, Cabell and Fayette counties a sum not to exceed the sum of five hundred dollars; to the clerks of the county courts of Marion, Marshall, Mason, Monongalia, Jackson, Kanawha, Preston, Wetzel and Wood counties a sum not exceeding six hundred dollars each.

To the prosecuting attorney not less than two hundred nor more than four hundred dollars, except as follows: In the counties of Barbour, Berkeley, Greenbrier, Harrison, Jackson, Jefferson, Monongalia, Lewis, Preston, Randolph and Wetzel not less than three hundred nor more than six hundred dollars; in the counties of Cabell, Fayette, Marion, Marshall, Summers and Taylor, not less than five hundred nor more than one thousand dollars; in the counties of Kanawha, Mason and Wood not less than five hundred nor more than twelve hundred dollars; in the county of Ohio not less than five hundred nor more than two thousand dollars.

But no extra compensation shall be granted or allowed 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 during his term of office. And it shall be the duty of the prosecuting attorney to attend to and prosecute or defend, as the case may be, all actions, suits and proceedings in which his county, or any district therein is interested, without additional compensation.

CONSTRUCTION OF CERTAIN WORDS.

50. The words "county court," when used in this chapter as to matters pertaining to the police and fiscal affairs of the county, shall extend to and include all tribunals heretofore established and now existing in any county for police and fiscal purposes under the thirtyfourth section of the eighth article of the constitution of the state, as adopted in the year one thousand eight hundred and seventy-two.