Governor to amount due. provided in the contract he may make for the keeping of said convicts, the amount due from the territory, specireport the fying the names of the convicts, and the length of time the territory is charged for each respectively, and the territorial auditor is hereby authorized to draw his warrant draw warrant on the territorial treasurer, in the name of the proper offifound due. cer of the prison, for the amount found due on said report. Auditor to for the amount Governor to person to con to said peniten SEC. 4. The governor is hereby authorized to employ some competent person or persons to take charge of employ some such convicts as are now or may hereafter be sentenced vey prisoners to confinement in the penitentiary for the period of two tiaries. 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. of persons em district courts. SEC. 5. After such contract has been made by the Governor to governor, he shall give notice to the judges of the give notice to judges of the district courts of the same, and after such notice all persons 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 maintenance of the same. Such peniten itentiaries of SEC. 6. That the penitentiary of the state or territory that contracts for the keeping of territorial prisoners shall tiaries to be be taken and held in law to be the territorial penitentiary held to be pen- for the confinement of prisoners who are now or may 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 10, 1885. COUNTY ATTORNEYS. AN ACT 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 Who eligible. 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. SEC. 3. It shall be the duty of each county attorney in his respective county to sign all bills of indictment that may 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 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 now 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. ty attorneys. SEC. 5. In addition to the salary provided in section Fees of coun- 4 of this act the county attorney shall receive from the 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 section 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 Compensation him in the supreme court. All fees in this section pro- 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 appoint 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 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. Approved March 12, 1885. be allowed the same fees as attor neys. When connty may require accounts. 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: SEC. I. The board of county commissioners of the respective counties may, in their discretion, require all county, precinct and district officers, having claims or demands against 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 torfeit 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. shall forfeit 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 missioners in pursuance of the preceding section, at any regular or special meeting of the board after said accounts shall be cers at regular filed. County com may audit accounts of offi or special sessions. SEC. 3. All acts and parts of acts, in conflict with this act, are hereby repealed. SEC. 4. This act shall be in force from and after its passage. Approved March 12, 1885. officers to be 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: SEC. I. 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. |