Page:North Dakota Reports (vol. 2).pdf/425

 This appeal was taken and heard pursuant to the provisions of §§ 610-614 of the Compiled Laws. The issues were tried before the court without a jury, and the only question to be here considered is whether the findings of fact sustain the conclusions of law. The trial court affirmed the action of the county board in rejecting the claim. The court found that between the 5th of August, 1885, and the 25th of April, 1891, the plaintiff held successively the offices of probate judge, of clerk of court, and of district and state’s attorney; that during all of this time, with the exceptions of two months, he furnished his own office and fuel; that at divers times he demanded of the board of county commissioners of such county that they furnish him with an office room for his use as a public officer, and that such demand was at all times refused, except during two months, as hereinbefore stated; and that the oifice so furnished by the plaintiff for his own use as a public officer was furnished by him without the request or direction of the board of county commissioners. The claim presented was for the value of the use of the office, the same being owned by the plaintiff; and also for the value of the fuel used by him in connection with such office. We are clear that the trial court was right in affirming the action of the board. The plaintiff had no contract with the county, or with anyone authorized to represent the county in the matter. He bases his claim entirely on § 606 of the Compiled Laws, which provides: “In any county where there is no court house or jail erected by the county, or where those erected have not sufficient capacity, it shall be the duty of the board of county commissioners to provide for court room, jail, and offices for the following officers: Sheriff, treasurer, register of deeds, district attorney, auditor, clerk of the district court, superintendent of public schools, and judge of probate; to be furnished by such county in a suitable building or buildings, for the lowest rent to be obtained, at the county seat, or to secure and occupy suitable rooms at a free rent within the limits of the county seat, or any of the additions thereto, until such county builds a court house. They shall also provide the courts appointed to be held therein with attendants, fuel, lights, and stationery, suitable and sufficient for the