low v. Comrs., 64-218 (but note that since these decisions this subsection has been amended). Counties have corporate capacity to sue and be sued: Comrs. v. Comrs., 107-297. A county is never liable for tort: Moffitt v. Asheville, 103-258; White v. Comrs., 90-437. Commissioners must be sued in their own county: Steele v. Comrs., 70-137.

2. To purchase and hold lands within its limits and for the use of its inhabitants, subject to the supervision of the general assembly. 3. To make such contracts, and to purchase and hold such personal property, as may be necessary to the exercise of its powers. See generally the powers and duties of the county commissioners, section 1318.

4. To make such orders for the disposition or use of its property as the interests of its inhabitants require.

Code, s. 704; 1868, c. 20, s. 3.

For power to purchase land at public sales, see s. 2916. See Vaughn v. Comrs., 118-636.

II. ELECTION OF.

1311. By qualified voters; number. There shall be elected in each county of the state, except those mentioned in section one thousand three hundred and twelve, at the general election to be held in the year one thousand eight hundred and ninety-six, and every two years thereafter, by the duly qualified electors thereof, three persons to be chosen from the body of the county, who shall be styled "the board of commissioners for the county of... and shall hold their office for two years from date of their qualification and until their successors shall be elected and qualified: Provided, the number of commissioners shall be five instead of three in the counties of Alamance, Bertie, Buncombe, Cabarrus, Carteret, Catawba, Chowan, Columbus, Craven, Cumberland, Durham. Edgecombe, Franklin, Granville, Guilford, Halifax, Harnett, Hertford, Iredell, Johnston, Lenoir, Lincoln, Martin, Mecklenburg, New Hanover, Northampton, Pasquotank, Perquimans, Richmond, Robeson, Rockingham, Rowan, Tyrrell, Vance, Warren, Wayne and Wilson; and in the county of Beaufort seven. In the county of Gaston six, one of whom must be a resident of Dallas township, one a resident of Gastonia township, one a resident of River Bend township, one a resident of South Point township, one a resident of Crowder's Mountain township and one a resident of Cherryville township. If at any time said board of commissioners for the county of Gaston shall be equally divided upon any question pending before them and there shall be a tie vote, then and in that event the clerk of said board is authorized and empowered to cast the

deciding vote and to determine such question. At the general election to be held in the year one thousand nine hundred and eight there shall be elected in the county of Wake by the duly qualified voters thereof five commissioners, divided into two classes, three of whom shall compose one class, whose term of office shall commence on the first Monday in December, one thousand nine hundred and eight, and expire at the end of two years thereafter, or on the first Monday in December, one thousand nine hundred and ten; and two of whom shall compose another class, whose term of office shall commence on the first Monday in December, one thousand nine hundred and eight, and expire four years thereafter, or on the first Monday in December, one thousand nine hundred and twelve; and upon the expiration of the term of office of both classes of said commissioners, their successors shall be elected and hold office four years and until their successors are elected and qualified.

1895, c. 135, s. 4; 1899, cc. 103, 147, 153, 187, 297, 301, 346, 450, 467, 609; 1901, cc. 14, 60, 328, 330, 581; 1903, cc. 4, 7, 14, 36, 46, 59, 137, 203, 206, 207, 228, 265, 446, 515, 790; 1905, cc. 58, 73, 148, 338, 346, 397, 553; 1907, cc. 2, 16, 55, 61, 125, 291, 350.

1312. By justices of peace. The justices of the peace for Montgomery county on the first Monday in June, one thousand nine hundred and five and on the first Monday in June every two years thereafter, shall assemble at the courthouse of said county, and a majority being present, shall proceed to the election of not less. than three nor more than five persons, to be chosen from the body of the county, excluding the justices themselves, who shall be styled "the board of commissioners for the county of Montgomery," and shall hold their offices for two years from the date of their qualification, and until their successors shall be elected and qualified.

Code, s. 716; 1899, c. 488; 1887, c. 307; 1903, cc. 191, 207, 790; 1876-7; c. 141, s. 5; 1905, cc. 37, 44, 58, 73, 148, 340, 422; 1907, c. 61. A majority of a majority sufficient to elect: Cotton Mills v. Comrs., .108-682; see also cuncurring opinion of Merrimon, C. J., on page 692.

1313. Meetings of justices of the peace in certain counties. For the proper discharge of their duties, the justices of the peace shall meet annually with the board of commissioners on the first Monday in June, unless they shall be oftener convened by the board of commissioners, which is empowered to call together the justices of the peace not oftener than once in three months. For attending such meetings, the justices of the peace shall receive no compensation; but they shall keep a record of their meetings. The register of deeds shall be ex officio the clerk of the justices of the peace,

and he shall receive such compensation for his services as the board of commissioners shall provide. This section shall apply only to the county of Vance.

Code, s. 717; 1899, c. 488; 1901, c. 680; 1903, cc. 191, 40, 207, 790; 1876-7, c. 141, s. 5; 1905, cc. 37, 44, 58, 73, 148, 340. This joint meeting is a court of record: Guilford v. Georgia Co., 112-36. Meetings can not take place more than once in three months: Moore v. Comrs., 113-128; Cotton Mills v. Comrs., 108-682-and must be called by commissioners, Ibid.

A concurrence of a majority of the justices of the peace is expressly required only whenever taxes are to be levied, debts contracted and obligations incurred. In other matters, whenever they cooperate with commissioners a majority of a majority is sufficient: Cotton Mills v. Comrs., 108-692 (concurring opinion of Merrimon, C. J.).

1314. Vacancies in board, how filled. In case of a vacancy occurring in the board of commissioners of a county, the clerk of the superior court for the county shall appoint to said office for the unexpired term.

Code, s. 719; 1895, c. 135, s. 7.

1316. When board to qualify; oath to be filed. The board of commissioners shall qualify and enter upon the duties of their office on the first Monday of December next succeeding their elec tion, and they may take the oaths of office before the clerk of the superior court, or some judge, or justice of the peace or other person qualified by law to administer oaths. The oaths of office severally taken and subscribed by them shall be deposited with the clerk of the superior court.

Code, s. 708; 1895, c. 135, s. 4. De facto board of commissioners exercise all appropriate functions until new board qualifies: Jones v. Jones, 80127.

Necessity of taking oath of office: Worthy v. Barrett, 63-199.

III. MEETINGS.

1317. Meetings of the board. The board of commissioners in cach county shall hold a regular meeting at the courthouse, on the first Mondays in December and June. Special meetings may be held on the first Monday in every month, but shall not continue longer in session than two days. Meetings may be held at other times for the more convenient dispatch of business at the call of the chairman, on the written request of one member of the board, but public notice of the time and place of all such called meetings shall be posted at the courthouse door for not less than six days, and published one time in a county newspaper, if there is one. The board shall receive no compensation for attending such called meet

ings. The board may adjourn its regular meetings in December and June from day to day until the business before it is disposed of. Every meeting shall be open to all persons. A majority of the board shall constitute a quorum. At each regular December meeting the board shall choose one of its members as chairman for the ensuing year; in his absence the members present shall choose a temporary chairman.

Code, s. 706. Meetings in certain counties are governed by special laws as follows: Mecklenburg, 1893, c. 199; Clay, 1889, c. 184; Forsyth, 1897, c. 437; Wake, 1899, c. 297; Durham, 1901, c. 309; Edgecombe, 1901, c. 429; Gaston, 1903, c. 34; Union, 1907, c. 347.

For compensation of commissioners, see section 2785. County commissioners are not prohibited from meeting on other day than specified, after giving notice to all concerned, but they can not get compensation: People v. Green, 75-329; but see section 2785 where in certain counties they are compensated.

IV. POWERS AND DUTIES.

1318. Powers given board. The board of commissioners of the several counties shall have power

Has only those powers conferred by statute: Fidelity Co. v. Fleming, 132-337. Court has jurisdiction to compel commissioners to perform their duty: Comrs. v. Comrs., 107-291; also Jones v. Comrs., 137-579. Succeeding commissioners must obey mandamus issued against predecessors: Pegram v. Comrs., 65-114. Mandamus lies to compel commissioners to issue bonds when required by the legislature: Jones v. Comrs., 137-579. Statutes embracing words "authorize and empower' when mandatory on commissioners: Ibid. As to powers exercised jointly with justices, see sections 1313, 1319; also Cotton Mills v. Comrs., 108-678, 692. Not fraudulent for commissioners to lend their personal credit to county, when: Long v. Comrs., 76-278.

Commissioners are responsible for failure to exercise their powers as to the public buildings and property of the county: Threadgill v. Comrs., 99-352; Moffitt v. Asheville, 103-258-or bridges and highways, White v Comrs., 90-437. County commissioners' liability defined generally: Staton v. Wimberly, 122-107.

A majority of the governing body of a county can exercise its powers: Cotton Mills v. Comrs., 108-678; see Comrs. v. Trust Co., 143-115. Commissioners can not defend mandamus for tax levy on ground that claim is void: Bear v. Comrs., 122-434.

I. TO EXEMPT FROM CAPITATION TAX.

To exempt from capitation tax in special cases, on account of poverty and infirmity.

2. TO PROVIDE FOR THE PAYMENT OF DEBT.

To provide by taxation or otherwise, for the prompt and regular payment, with interest, of any existing debt owing by any county.

To provide for debt incurred for necessities no legislative authority necessary, unless constitutional límit is reached: Smathers v. Comrs., 125487; Herring v. Dixon, 122-420; McCless v. Meekins, 117-34; Cromartie v. Comrs., 87-139. No election need be held when debt incurred for necessaries: Smathers v. Comrs., 125-487; McCless v. Meekins, 117-34; Herring v. Dixon, 122-420; Tate v. Comrs., 122-812; Tucker v. Raleigh, 75-267and this is so even when constitutional limit exceeded, if legislature authorizes, Herring v. Dixon, 122-420-but if debt is not for necessaries, legislature must authorize levy and people must vote it, Ibid; also Cotton Mills v. Waxhaw, 130-298; Tate v. Comrs., 122-812.

Mandamus lies to compel commissioners to pay debt: Hughes v. Comrs., 107-598; Fry v. Comrs., 82-304; Gas Co. v. Raleigh, 75-274; McLendon v. Comrs., 71-38; Lutterloh v. Comrs., 65-403; Pegram v. Comrs., 64-557; Winslow v. Comrs., 64-223-but it will not warrant commissioners levying tax in manner or at times other than law specifies: Mauney v. Comrs., 71486; Cromartie v. Comrs., 87-139. As to levying of taxes generally, see subsection 25. As to issuing of bonds for necessary expenses, see under subsection 27.

3. TO SUBMIT PROPOSITIONS TO CONTRACT DEBT TO A

VOTE OF ELECTORS.

To submit to a vote of the qualified electors in the county, after having obtained the approval of the general assembly, any proposition to contract a debt, or loan the credit of the county, under section seven, article seven, of the constitution; to order the time for voting upon such proposition, which shall be upon public notice thereof at one or more places in each township in the county, and publication in one or more county newspapers, if there be any, for three months next immediately preceding the time fixed on; and such election shall take place and be conducted under the laws as prescribed for the election of members of the general assembly; and the commissioners shall provide for giving effect, in case of the adoption of the proposition, to the expressed will of a majority of the qualified voters in such election.

As to who are qualified voters, see annotations under section 2974.

In all elections in municipal corporations, (word "municipal" intending to include counties) as to incurring debt for special purposes, a majority of the qualified voters is necessary before incurring same: R. R. v. Comrs., 109-159; Riggsbee v. Durham, 99-341, 98-81; Wood v. Oxford, 97-227; McDowell v. Construction Co., 96-514; Markham v. Manning, 96 132; Duke v. Brown, 96-127; Southerland v. Goldsboro, 96-49.

Public schools not being a necessary expense, special county taxes for their support can not be levied except after approval of majority of quali fied voters, inferred from Rodman v. Washington, 122-39.

Where debt contracted for purposes other than necessaries, legislature must authorize levy and people must approve it in election, even though the constitutional limitation not reached: Cotton Mills v. Waxhaw, 130-298; Herring v. Dixon, 122-420; Tate v. Comrs., 122-812.