cause to be paid to said bailiff for his services out of the funds of the county, a sum not exceeding four dollars ($4) per day, the amount to be fixed and specified in the order of appointment.

5980b. Repeal.-2. All laws or parts of laws in conflict herewith are hereby repealed.

5983. Seal-Certified copies of records are evidence.

A copy of a public record is admissible notwithstanding the omission of a seal from the commissioners' certificate. Massachusetts Bonding & Ins. Co.

Neither the county nor the members of the board of county commissioners can be held liable for damages caused to a person injured because of the failure of such commissioners to keep the courthouse of the county in good repair. McDermott v. Board of Comrs., 60 App. 209, 110 N. E. 237.

This section does not render a county liable for the negligent failure of the board of commissioners to maintain a courthouse in proper repair. McDermott v. Board of Comrs. of Delaware County, 60 App. 209, 110 N. E. 237.

[Acts 1919, p. 41. In force May 15, 1919.]

5989e. Lease of county buildings to private persons or corporations.-1. In any county where there are parts of county buildings not needed for the use of courts or county officers or other county business, it shall be lawful for the board of commissioners to lease such part or parts of such buildings to any private persons or corporations for any definite period not exceeding five (5) years.

5989f. Grand Army of the Republic, prosecuting attorney, rent.— 2. The county commissioners shall charge any such tenant a fair and reasonable sum as rent for the use of the premises so leased, and may include light, heat, water and janitor service if the same is furnished by the county, except, however, that the county commissioners shall have the right to donate such part or parts of such buildings to the Grand Army of the Republic and similar patriotic associations under like conditions of tenancy; and Provided, further, That provision shall be made by such board of commissioners for reasonable office accommodations in such court house for the prosecuting attorney of the judicial circuit in which such county is located, free of charge, before any rooms or office accommodations shall be rented under this act to any other officer, person or persons.

5989g. Date of payment to county treasurer.-3. The rent shall be paid to the county treasurer quarterly in advance on the first day of January, April, July and October of each year, during the continuance of the lease.

5989h. Termination of lease.-4. The county commissioners shall have the right to terminate such lease before the end of the term

thereof at any time that they may determine that the leased premises are needed for the use of the courts or county officers or other county business.

59891. Notice of termination.-5. Sixty (60) days' notice in writ ing of the termination of such lease by the county commissioners under section 4 of this act shall be given by the commissioners to the tenant.

5989j. Limitations of lease.-6. No county building or part thereof shall be leased for any private use that will conflict or interfere with the public use of any other part of such building.

[Acts 1919, p. 425. In force March 11, 1919.]

5991a. Borrowing money to complete gravel road or other works.1. In all cases where contracts have been let by the Board of County Commissioners for the construction of gravel roads or other works, both for any county or township therein, and the contractor has failed or refused to complete such work, or abandons same, and suit is brought on his bond or may be brought on his bond, the commissioners of the county are authorized to borrow sufficient money to complete such work and such money shall be charged to the county or township wherein such work lies and such money shall be repaid to the county or township upon recovery of the money on such contract and bond.

Section 2 of the above act provides that the act be in force and effect from and after its passage.

[Acts 1921, p. 820. In force March 11, 1921.]

5991b. Bond issues legalized.-1. All bonds, notes and other written obligations heretofore issued by or in the name of any county, township, municipality, special assessment or taxing district, either for corporate or municipal purposes, or for the purpose of constructing public improvements and in anticipation of assessments or special taxes levied or to be levied on account thereof, where said bonds, notes or other written obligations have been sold and the moneys received from the sale thereof retained, or where said funds have been used for the purpose for which said obligations were ordered to be sold, or where the improvement, on account of which said obligations were issued, has been completed and accepted are hereby legalized and declared valid; and, all proceedings and acts under which said bonds, notes or other written obligations were sold or issued are hereby fully legalized and declared valid.

5991c. Pending litigation.-2. Nothing in this act contained shall be so construed as to effect [affect] any pending litigation, or to legalize any bonds, notes or other written obligations issued or sold in

excess of any constitutional limitation of the amount of indebtedness authorized to be created.

Section 3 of the above act provides that the act be in force and effect from and after its passage.

6005. Allowance of claims.

If a county board allows only a part of a claim presented to the board, and the claimant accepts such part, he can not afterward sue and recover the balance of such claim. Western Construction Co. v. Board of Comrs., 178 Ind. 684, 98 N. E. 347; Butler v. Board of Comrs., 177 Ind. 440, 98 N. E. 185. 6006. Suits for claims.

A complaint on a claim against a county need not allege presentment to the board of commissioners in compliance with these sections and its disallowance. Mueller v. Board of Comrs. of Marion County, App. 127 N. E. 15.

6007. Mode of presenting claims-Proof.

A complaint on a claim against a county need not allege presentment to the board of commissioners in compliance with these sections and its disallowance, Mueller v. Board of Comrs. of Marion County, - App., 127 N. E. 15.

A complaint on a claim against a county need not allege presentment to the board of commissioners in compliance with these sections and its disallowance. Mueller v. Board of Comrs. of Marion County, App. 127 N. E. 15.

[Acts 1921, p. 271. In force May 31, 1921.]

6011a. County purchasing agency, counties from 110,000 to 150,000.-1. Each county in said state having a population of more than 110,000 and less than 150,000, according to the current federal census, is hereby authorized to create, operate and maintain an agency for the purchase of all or certain of the supplies and material such as under existing and future laws are permitted to be purchased with such county's funds for any or all purposes and for the sale, exchange or other disposition of personal property of such county, whenever the board of commissioners of such county, with the advice and assistance of the auditor of such county, shall have formulated and entered of record in the county commissioners record of said county a statement prescribing and defining clearly and succinctly the field of activity of such agency setting out therein whether it shall cover all purchases made with county funds, or, if not, what portions thereof in detail, together with such rules and regulations as may be necessary to define the scope and method of the activities of the personnel of such agency and the means for carrying out the same under the general powers hereinafter granted such individuals, including the number and character of employes permitted to the purchasing agent in charge of such agency and the salary of each, and of such agent; Provided, however, Such rules and regulations may be from time to time amended, or the orders herein prescribed to be entered creating this agency, may be set

aside and vacated at the annual reorganization meeting of the board of commissioners and the agency shall thereupon cease and terminate. 6011b. Appointment of purchasing agent.-2. Upon compliance with the foregoing provisions, such board of commissioners shall appoint a purchasing agent and with his advice provide blank forms, books, stationery and other devices and means necessary for use of himself and employes in performing the duties imposed on him.

6011c. Bond and oath of purchasing agent.-3. Such purchasing agent and any employe of his shall before entering on performance of his duties take an oath and give bond in such sum and with such surety as the board of commissioners of such county may have prescribed in its rules and regulations such bond evidenced and preserved as required by law in case of county officers; Provided, The bond of said agent shall not be less than $10,000.

6011d. Employes and salary-Supplies.-4. Said purchasing agent, after qualifying, shall have power and is hereby authorized to employ and discharge at his discretion the employes permitted him, and to purchase all such material and supplies as may be prescribed of record by said board of commissioners in the original order creating said agency, after having received requisiton or duplicate thereof from such individuals or bodies as may be authorized to require and use for any public purpose material and supplies to be paid for by such county's funds and the board's approval of any surplus; Provided, however, No supplies or materials prescribed as aforesaid to be purchased through such county agency shall thereafter be purchased by any other person or body and that all requisitions or duplicates thereof shall be endorsed "approved", together with the date of approval thereof, by such board of commissioners prior to purchases thereunder.

With the prior consent of the commissioners, said purchasing agent shall have power to sell [,] exchange or otherwise dispose of any personal property of such county; Provided, however, That all cash received therefor be paid directly to the treasurer of said county as now provided by law.

Said purchasing agent may delegate to his employes such authority as necessary to perform any part of his duties of them required.

The board of commissioners shall fix the salaries of all persons mentioned in this act, including a reasonable allowance to the auditor of such county for any and all work he may be required to do, as well as all other officials or persons who shall be required to do anything under the provisions of this act or the rules adopted by said board in creating said agency.

6011e. Requisition for supplies, approval.-5. The purchasing agent shall buy all supplies and material required by the original and duplicate requisitions received by him and approved by said board, as well as any kind or quantity thereof in excess of such requisition which he may deem desirable and said board may approve; and he shall make such purchases and contract for future purchases in the manner, and at such times, and of such persons, firms, or corporations wherever situated as shall require the least outlay for the largest quantity of supplies and material of the quality and kind approved for purchase, under and by virtue of such rules and regulations for the operation of said agency as shall have been adopted by the board of commissioners in creating said agency.

6011f. Preparation of requisitions.-6. Each individual and body entitled to require supplies and material procured with county funds through such agency shall furnish to each purchasing agent a duplicate of periodical requisitions provided by law at least 30 days prior to the period for which the articles required are to be used, and requisitions for articles omitted therefrom, as well as articles for unforeseen need that may arise, as soon as the need therefor is known; Provided That any requisition in excess of current appropriations for use of the requisitioner shall be made separately from all others and have thereon endorsed the requisitioner's verified statement of the reasons therefor.

6011g. "Supplies and materials” defined-Auditing of accounts.— 7. "Supplies and Materials" as used in this act shall include every item of personal property for which county funds may be lawfully expended.

The bills or claims for all purchases made through such agency shall be made out in duplicate, against such county as purchaser and delivered to said purchasing agent and, if by him found correct on receipt of the articles therein described, endorsed by him "Correct" and submitted to said board for allowance and payment as provided by law

In case of any bill received by said agent being found in any wise incorrect he shall return the same with his objections indorsed thereon, and if not amended to his satisfaction the seller may file such rejected bill with said board as a claim against said county and prosecute the same as provided by law.

No material or supplies shall be turned over by said agency or accepted by any one other than a requisitioner and then only when a requisition therefor is on file with such agency. Said agency may at any time be required to aid by advice and correspondence in purchases not within those prescribed by said board to be made through such agency; but such aid shall be rendered only to some person or body