all receipts quarterly.

into their respective county treasuries, for the use of their

To pay over counties, all fees, costs, penalties, percentages, allowances, and perquisites, of every sort collected by them during said quarter, to the credit of the contingent fund of the county.

It shall be the duty of the sheriff, at the expiration of his official term of office, or within ten days thereafter, to pay over to his successor in office, all moneys that may be in his hands under any execution, order of sale, or other legal process, of whatever kind, or the proceeds arising from any sale of real or personal property by him previously made, and where he holds the same awaiting the order of the court for confirmation of sale or distribution of proceeds.

SEC. 7. In case any officer named in this act shall fail for to pay over into the county treasury any money found neglect so to due from him upon his settlement with the county com

Penalty

pay over.

missioners under this act for the period of thirty days after the same shall have been ascertained and found by them to be due, and notice given him; or, if any of said officers shall, with intent to violate this act, fail to furnish the statements and reports herein required, at the time and in the manner herein specified; or, if the sheriff shall fail to pay over moneys to his successor in office, as provided in section 6 of this act; or, if any of said officers shall willfully make any such report false in any material matter, knowing the same to be so; or, if any of said officers shall willfully violate any of the provisions of this act, he shall, upon conviction upon indictment in the district court of the proper county, be adjudged guilty of misconduct in office, and be immediately removed therefrom, and, in addition, forfeit all compensation to which he would otherwise be entitled, and be condemned to pay a fine for the use of the county of not less than five hundred dollars nor more than two thousand dollars, for the payment of which forfeiture and fine, as well as any amount otherwise due from him in his official capacity, his sureties shall also be liable upon their bond, to be recovered in a civil action, in the name of the territory of Montana, for the use of the county in which he was an officer.

SEC. 8. The official bond required by law, and hereafter taken from any officer named in this act, shall be

deemed and held to make the parties to the same liable for any violation on the part of the officer for whom they are sureties of any of the provisions thereof, and for the faithful performance of all the duties hereby required.

SEC. 9. Before the county commissioners shall issue a warrant upon the county treasurer to any clerk, deputy, or other assistant, for his compensation or salary, as prescribed in the third section of this act, said clerk, deputy, or assistant, shall sign a receipt, and verify the same by oath or affirmation attached, which receipt and oath or affirmation shall be in the following form:

No..

Bondsmen to neglect of duty

be liable for

by officers.

Form of receipt and cer

Received of the (here recite the county), by (here tificate. state name of party receiving salary or compensation) dollars in full for services as (here

insert services) for . A. D. 18..

. ending.

(Name of party receiving same.)

I hereby swear (or affirm) that I have rendered the services as herein stated, and that I have received the full sum set forth in the above receipt for my own use and benefit, and that I have not paid, deposited, or assigned, nor contracted to pay, deposit, or assign, any part of such compensation for the use of any other person, nor in any way, directly or indirectly, paid or given, nor contracted to pay or give, any reward or compensation for any office, or the emoluments thereof.

. (Name of party.)

Sworn to and subscribed before me, this .

day of... 18. .

(Signature of officer.)

And said receipt and oath or affirmation shall be preserved and filed by the county clerk.

other person,

Reasonable

allowed o ffi

SEC. 10. Every sheriff, deputy, or appointed by the court to serve or execute any writ or other process issued therefrom, shall serve or execute expenses to be the same, and shall receive therefor his or their actual, cers. reasonable, and necessary expenses while in the performance of such duty, and such actual expenses shall be ascertained by the county commissioners, and paid out

of the treasury of the proper county; but before the same shall be paid, the sheriff, deputy, or other person serving or executing the writ or other process, shall make out a sworn statement in detail of the distance traveled, the name of the person or persons served with such writ or other process, and the amount of money actually paid as expenses, with vouchers for railroad fare and other transportation, and if the county commissioners, after an examination of the same, shall find that the expenses are reasonable, and the amount stated was actually paid, they may order the same, or any part thereof, to be paid out of the contingent fund of their respective counties.

SEC. II.

This act shall take effect and be in force Dates at which from and after the third Monday in December, 1885, effect as to the except as to the following officers: It shall take effect as to several county county treasurers on and after the first Monday of March,

this act takes

officers.

Compensation

the peace.

1886; and as to the county assessors, justices of the peace, and constables, it shall take effect from and after its passage. All costs, fees, percentages, allowances, and penalties, and other perquisites, of whatever kind, belonging to the counties, under the provisions of this act, remaining unpaid at the end of the official term of office of any officer named in this act, shall in nowise belong to or be the property of any such officer, but shall be collected by his successor in office, and paid into the treasury of the proper county.

SEC. 12. Justices of the peace shall be allowed a fee of one dollar at the commencement of any suit, civil or of justices of criminal, and three dollars additional for trying any case, and not more than six dollars for trying any case, and this shall be in full for all services required by law in the progress of any suit, including final judgment. For all transcripts, on appeal or otherwise, twenty cents per folio of one hundred words or fraction thereof.

SEC. 13. The fees of constables shall be the same as Compensation those allowed sheriffs for similar services, but they shall of constables. in no case charge or be allowed any fee for attendance on the court for the entry of any warrant or subpoena, separate or apart from the fee allowed for a return, nor for the discharge of any prisoner, nor shall he be allowed any mileage for any distance traveled less than one mile.

Mileage.

lowed to offi

SEC. 14. County officers, jurors, witnesses, and all other parties that may be entitled to mileage from the Mileage alseveral counties in the territory, shall be entitled to col-cers, jurors and lect mileage at the rate of fifteen cents per mile for the distance actually traveled, and no more.

SEC. 15. All acts and parts of acts, in conflict with the provisions of this act, be and the same are hereby repealed.

Approved March 12, 1885.

COUNTY POOR-MEDICAL ATTENDANCE.

AN ACT to amend section 961 of the fifth division of the revised statutes of
Montana.

Be it enacted by the Legislative Assembly of the Territory
of Montana:

SEC. I. That section 961 of the fifth division of the revised statutes of Montana be amended to read as follows:

witnesses.

County com

contract for

of the

prisoners.

SEC. 961. And the boards of county commissioners of the several counties shall annually, at their December missioners to meeting, make a contract with some resident practicing medical treatphysician to furnish medical attendance to the said sick, ment poor, and infirm of their respective counties, and to the and county inmates of the county jail who may require medical treatment for the succeeding year, and shall also make provision for furnishing such medicines as may be required for such poor, sick, and infirm, and the inmates of the county jail who may require medicines.

Approved March 10, 1885.

COUNTY SURVEYORS.

AN ACT to amend section 447, of the fifth division of the general laws of

Montana.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. I. That section 447, of the fifth division of the general laws of Montana, be and the same is hereby amended to read as follows:

To

execute

quest of

ers.

SEC. 447. It shall be the duty of the county surveyor, by himself or one of his deputies, to execute any survey survey on re- which may be required by any court, upon the applicasons and counption of any individual or corporation, and shall execute ty commission- any survey required by the board of county commissioners. He shall be paid for his services seven dollars per day while making the survey, the amount, in the first by whom paid instance, to be paid by the person or corporation for whose benefit the survey is made, and in the other, by the county commissioners, by order on the county treasurer, against the proper fund.

Compensation,

SEC. 2.

This act shall be in force and take effect from

and after its passage.

Approved March 12, 1885.

county

com

COUNTY TREASURERS.

AN ACT to amend section 89, article 2, fifth division, revised statutes of the territory of Montana, and for other purposes.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. I.

That section 89 of article 2, fifth division, revised statutes of the territory of Montana, be amended so as to read as follows:

SEC. 89. That each county treasurer shall, at the expiration of each and every quarter, make a settlement To settle with with the board of county commissioners of their respecmissioners tive counties, and shall make a quarterly report of all moneys collected for county and territorial purposes, and shall forthwith, before the board adjourns, transmit such report, together with the amount due the territory, to the territorial treasurer.

quarterly.

What

third

SEC. 2.

That the third quarter of each fiscal year shall quarter shall be held to include the first day of December, for the collection and disbursement of the revenues.

be held to in

clude.

Penalty

for

SEC. 3. That if any county treasurer shall neglect or neglect to com- refuse to comply with the provisions of this act, he shall be guilty of a misdemeanor, and, on conviction, shall be fined in any sum not exceeding two hundred dollars for

ply.