The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1894-02-10

tifcate of indebtedness, and alleging
that said certificate had been lost and
demanding that the Board of County
Commissioners make an order author
izing, commanding and directing the
Auditor of said county to issue to the
said Davis, certificate of indebted
ness, in lieu of the one alleged to
have been lost or destroyed; that the
relator appeared before the Board and
objected to the issuance of the certi-
cate to the said w. L. Davis, which
objections were reduced to writing
and filed with the proceedings of the
Board, and the Board of County
Commissioners adjourned it's said
meeting from the fourth until the six
teenth day of December, 1898.
On the 18th day of December, 1898,
the relator commenced an action in
the District Court of the State of Ne
vada, in and for the county of White
Pine, against the said w. L. Davis
and the Board of County Commission
ers, to determine the validity and
ownership of said certificate of indebt-
edness. That on the 10th day of De-
cember, 1893, the Board met in
special session, and Notwithstanding
the filing of the objections to the
making of any order by the Board
and the commencement of the said
action in the District Court, the said
Board made and had entered an order
on it's proceedings, authorizing and
directing the County Auditor to issue
a new certificate of Indebtedness to
w. L. Davis, in lieu of the one al
lodged to have been lost or destroyed,
and the said certificate has been is
sued to the said w. L. Davis by the
said County Auditor. The relator
contends that the Board of County
Commissioners had no jurisdiction to
make the order entered upon it's min
utes on the 10th day of December,
1898.
The record of the proceedings of
the Board of County Commissioners
sent up to this court by way of re-
turn to the writ, substantiates the
above facts except as to the owner
ship of the certificate of indebted
ness; but on the argument of the case
the counsel for respondents asked
permission to file a paper and make
it part of the record in the case,
which he claims is an agreement en-
tered into by and between the relator
and w. L. Davis, in which he claims
it is shown that the relator hypothe
Gated to Davis the certificate of in
debtedness as security for the pay
ment of money. The affidavit and
agreement were not presented to nor
made part of the proceedings of the
Board, and this Court cannot receive
and examine papers in proceeding
of this nature, which are neither a
part of the record or of the proceed
ings of the Board The request to
file the papers and make them a part
of the record must be denied.
On the 10th day of November, 1898,
two of the members of the Board of
County Commissioners met in the
Clerks office and signed and order call
ing special meeting of the Board to
meet on the fourth day of December,
1898. The notice was served on the
absent member and copy thereof
published in the White Pine News, a
newspaper printed and published at
the county seat of White Pine county.
On the 4th day of December, 1898,
the Board met at the Office of It's clerk,
all members being present. W. l..
Davis in person and by his attorney
was present, and a petition asking
that certificate of intedebtness against
White Pine County for the sum of
So, 42I. 80 be issued to him, the said
Davis, in lieu of the one that had been
lost or destroyed. The relator, VIM.
Hayes, in person and by attorney was
also there and objected to the Board
making any order or considing said
petition, and asked the Board to lay
the claim or demand of w. L. Davis
on the table for ten days or more to
give the relator an opportunity to in
stitute proceedings in court OF com
petent Jurisdiction to determine the
] validity of such claim or demand OF
the said Davis. The Board did ad-
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