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Governor to report amount due,

Auditor

to

for the amount found due.

Governor to employ

provided in the contract he may make for the keeping of

said convicts, the amount due from the territory, specithe fying the names of the convicts, and the length of time

the territory is charged for each respectively, and the ter

ritorial auditor is hereby authorized to draw his warrant draw warrant on the territorial treasurer, in the name of the proper offi

cer of the prison, for the amount found due on said report.

Sec. 4. The governor is hereby authorized to employ some competent person or persons to take charge of

some such convicts as are now or may hereafter be sentenced vey prisoners to confinement in the penitentiary for the period of two tie said peniten- or more years, and safely transport said convicts to the

penitentiary of the state or territory that has contracted for the safe keeping and maintenance of the same; and

the said person or persons shall receive for such services Compensation his actual, reasonable, and necessary expenses, and a per ployed limited. diem of not exceeding four dollars while necessarily

employed in such duty, which amount or amounts shall be ascertained by the governor, verified by the oath of the person or persons performing such service, and to be paid out of the territorial treasury on his order and the warrant of the territorial auditor.

tiaries.

of persons em

Governor to give notice to

district courts.

SEC. 5. After such contract has been made by the

governor, he shall give notice to the judges of the judges of the district courts of the same, and after such notice all per

sons sentenced to imprisonment in the penitentiary for a period of two or more years shall be sentenced to be confined in the penitentiary of the state or territory that contracts with the territory for the keeping and n.aintenance of the same.

Sec. 6. That the penitentiary of the state or territory

that contracts for the keeping of territorial prisoners shall Such penitentiaries to be be taken and held in law to be the territorial penitentiary held to be peni for the confinement of prisoners who are now or may

of this territory. hereafter be sentenced to confinement in the penitentiary

for the period of two years, or more, and such prisoners shall be subject to all the rules and regulations adopted · and enforced for the government of said penitentiary.

Contract may be renewed.

SEC. 7. That if any contract made by the governor with any state or states or territory shall expire by limitation of the contract, or otherwise becomes inoperative,

he is hereby authorized to enter into a contract with some other state or states or territory, subject to the terms and limitations of this act.

Approved March 1o, 1885.

COUNTY ATTORNEYS.

AN ACC creating the office of county attorney.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. I. That the office of the county attorney be and the same is hereby created, and at the next general election to be held in the territory of Montana, and every two years When to be thereafter, there shall be elected in each county in the elected. territory, one county attorney who shall hold his office for the term of two years, and until his successor is elected and qualified. No person shall be eligible to the

Who eligible. office of county attorney who is not a regularly licensed and practicing attorney-at-law in the territory of Montana.

SEC. 2. Each county attorney, before entering upon the discharge of the duties of his office, shall execute to To give bond. the territory of Montana, a bond in the sum of two thousand five hundred dollars, with two or more sufficient sureties, to be approved by the county commissioners of the county for which he is elected, and filed in the office of the county recorder, and conditioned for the faithful performance of the duties of his office. Said county attorneys shall also take and subscribe the oath of office prescribed by law for other county officers.

that may

Duties.

SEC. 3. It shall be the duty of each county attorney in his respective county to sign all bills of indictment

be found by the grand jury, and to prosecute and defend, on behalf of the people, all public prosecutions and civil actions arising in his county, before the supreme, district, and probate courts, wherein the territory of Montana, or the county in which he is elected, is a party; he shall also, when practicable, appear on behalf of the people, and prosecute all criminal proceedings in

1

the justice courts of his county. He shall, when required by any grand juror, give his opinion on any matter of law pertaining to the duties of grand jurors, and shall be the legal adviser of territorial, county, school and township officers, and shall, when requested by any of such officers, give his opinion on any matters of law pertaining to their duties, without fee or compensation, and he shall prosecute all actions and proceedings for the forfeiture of bonds, undertakings, and recognizances, wherein the county or territory is a party, or the interests of the county or territory are involved.

SEC. 4. The county attorneys of the counties—CusCompensation. ter, Deer Lodge, Gallatin, Lewis and Clark, and Silver

Bow, shall each receive as compensation for his services as county attorney an annual salary of six hundred dollars; and the county attorneys of each county not enumerated, whether or hereafter organized, shall receive an annual salary of four hundred dollars. All of such salaries shall be paid out of the general fund of the respective counties; one-fourth thereof payable quarterly.

now

SEC. 5. In addition to the salary provided in section Fees of coun-4 of this act the county attorney shall receive from the ty attorneys.

county treasury of the county in which he is elected, upon the allowance of the board of county commissioners, the following fees, to-wit:

For collections made for the county or territory, on all sums of five hundred dollars or less, ten per cent thereof; on all sums over five hundred dollars, ten per cent of the first five hundred dollars, and five per cent of the excess over five hundred dollars; for each conviction in case of misdemeanor, five dollars; for each preliminary examination, five dollars; for each criminal trial conducted by him in the district court, ten dollars, except capital cases, for which he shall receive twenty-five dollars; for drawing each indictment, five dollars: Provided, no fee shall be allowed for drawing any indictment which may be quashed, or is from any cause held to be defective. All fees in this stction hereinbefore provided shall be taxed as costs. In addition to the foregoing fees the county attorney shall receive twenty cents for each mile traveled in going to and returning from the supreme court, and shall receive twenty-five dollars for each cause tried by him in the supreme court. All fees in this section provided shall be paid by warrants drawn on the general fund of the county : Provided, further, that in no case shall the fees allowed by this section (not to include mileage) exceed in amount the sum of twelve hundred dollars in any county; and the county attorneys shall

Compensation furnish to the county commissioners a statement of all limited. fees received by him, which, together with the fees allowed by the county commissioners, shall not exceed said sum of twelve hundred dollars. And if any county commissioner or commissioners shall allow any county attorney an amount in excess of the sum of twelve hundred dollars, as hereinbefore provided, such commissioner shall be individualıy liable to the county for such excess, and which amount may be collected by suit against such commissioner or commissioners.

Sec. 6. Wherever in the laws of this territory the words "district attorney” may occur the same shall, after the election and qualification of county attorneys as herein provided, be taken, held, and construed to mean county attorney. And after the election and qualification of county attorneys, as in this act provided, the offices of attorney general and district attorney in this territory shall be, and the same are hereby declared after such time, abolished.

Present dis

may

SEC. 7. The district attorneys of the several judicial districts of this territory are hereby authorized to appoint, by and with the consent and approval of the board trict attorney

appoint of county commissioners of the respective counties, a

deputies. deputy district attorney for each county in his district, and who shall receive the fees and compensation provided for in section 5 of this act, subject to the provis- Deputies may ions and limitations therein provided, but shall have no claim for salary as provided in section 4 of this act; and county said deputy district attorney shall hold his office during the continuance in office of the district attorney appointing him, and may be required by the county commissioners to enter into a bond, as required of district attorneys, in such amount as the county commissioners may fix, not exceeding two thousand dollars.

be allowed the same fees

as attor

Approved March 12, 1885.

COUNTY, DISTRICT, AND PRECINCT OFFICERS.

AN ACT in relation to the presentation and auditing accounts by the county

commissioners.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

accounts.

SEC. I. The board of county commissioners of the respective counties may, in their discretion, require all county, pre

cinct and district officers, having claims or demands against When connty commissioners the county, to file said accounts, properly itemized, with the officers to file county clerk, on or before the first Monday of each month.

Any officer neglecting to file his account as above provided, after receiving notice from the commissioners to file the

same, shall forfeit all claim or demand against the county When officers for any services rendered, and which should have been compensatio n. included or embraced in an account thus directed to be

filed.

sh

mis sioners may audit accounts of offi

SEC. 2.

The board of commissioners of the respective counties may, in their discretion, audit and adjust the

accounts of all county, district, and precinct officers, filed County com

in pursuance of the preceding section, at any regular or

special meeting of the board after said accounts shall be cers at regular filed. or special ses

SEC. 3. All acts and parts of acts, in conflict with this act, are hereby repealed.

sions.

SEC. 4.

This act shall be in force from and after its passage.

Approved March 12, 1885.

COUNTY OFFICERS, JUSTICES, CONSTABLES-COMPENSATION.

AN ACT limiting the compensation of certain officers her ein named.

Be it enacted by the Legislative Assembly of the Territory

of Montana:

officers to

SEC. 1. That the fees, costs, percentages, penalties,

allowances, and all other perquisites, of whatever kind, Fees of county which by law any probate judge, sheriff, treasurer, county collected for clerk and recorder, clerk or deputy clerk of the district

court, assessor, county superintendent of common schools, in every county in this territory, is or may hereafter be

the county.

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