Page:1887 Compiled Laws of Dakota Territory.pdf/188

County Officers. § 651. On going out of office he shall deliver up to his successor in office all the moneys, books, records, documents, maps, papers, vouchers and other property in his hands belonging to the county, and in case of the death of any county auditor his personal representatives shall in like manner deliver up all such moneys, books, records, maps, documents and other property.

§ 652. In all counties where the office of county auditor is created as provided by this act, no claim against the county shall be paid otherwise than upon the allowance of the county commissioners upon the warrant of the chairman of the board, attested by the county auditor, except it is authorized to be fixed by some other person or tribunal, in which case the sum shall be paid upon the warrant of the county auditor, upon the proper certificate of the person or tribunal allowing the same; provided, that no public money shall be disbursed by the county commissioners or any of them, but the same shall be disbursed by the county treasurer upon the warrant of the chairman of the board of county commissioners, attested by the county auditor, specifying the name of the party entitled to the same, on what account and upon whose allowance, if not fixed by law; and all such orders shall be progressively numbered, and the numbers, date and amount of each, and the name of the person to whom payable, and the purpose for which drawn, shall at the time of issuing the same be entered in a book kept by the auditor for that purpose.

§ 653. County auditors are authorized to appoint deputy auditors by a certificate in writing, who shall before entering upon the duties of their office take and subscribe the oath required, which oath shall be endorsed on the certificate of appointment and filed in the office of the register of deeds. Such deputies are authorized to sign all papers and do all other things which the auditors themselves may do. The county auditors shall be responsible for the acts of their deputies, and may revoke their appointment at any time. They shall require bonds of their deputies in such amounts and with such sureties as they may deem proper.

§ 654. When from any cause a vacancy occurs in the office of county auditor, the same shall be filled in the manner prescribed by law for filling vacancies in other county offices.

§ 655. An action may be brought against the county auditor and his sureties in the name of the territory of Dakota, and for its use, or for the use of any county or person injured by the misconduct in office of the auditor, or by the omission of any duty required of him by law.

§ 656. If any county auditor fails to make settlement or pay over all moneys with which he stands charged at the time and in the manner prescribed by law, or misapplies any money which comes into his possession in the discharge of his official duties, the county commissioners shall commence action against such auditor and his sureties in the district court of said county or other court of competent jurisdiction, and he shall be proceeded against as now provided by law for proceeding against other county officers. In case of suspension under the provisions of this section, such auditor if restored to office shall not be deprived of his salary during the time of suspension, and his reasonable expenses of his defense upon such hearing shall be paid by the county. If upon trial of such action such auditor is adjudged guilty of any neglect of duty the office shall be deemed to be vacant.