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When such clerks may have a deputy in any other counties hereinafter named such deputies shall be entitled to receive, for their compensation for their services as deputy clerks of said courts in said counties, the following salaries, to-wit: In the county of Missoula five hundred dollars; in the county of Beaverhead, five hundred dollars; in the county of Jefferson, three hundred and fifty dollars; in the county of Gallatin, five hundred dollars; in the county of Custer, five hundred dollars; in the county of Meagher, two hundred and fifty dollars; and the county of Choteau, when courts are held therein, three hundred and fifty dollars, to be paid quarterly by warrants, drawn on the contingent
fund of said counties, and paid as other warrants thereon, Of deputies. except in the county of Missoula, [where] such warrants
shall be drawn on the current expense fund; and such salary shall be for the use and benefit of such deputies. And where such clerks shall have no deputy residing in any of said counties last named, such salary shall not be paid; and nothing in this act shall be so construed as to authorize any compensation for any deputy in said counties of Deer Lodge, Madison, or Lewis and Clarke. And it is provided that said salaries shall be in full payment for all services as clerks in said counties in all civil and criminal causes, or in which any individual, county, or the Territory or officer thereof, shall be a party or in any way liable for costs.
Sec. 3. In addition to the salary of said clerks and deputies in the foregoing sections they shall be entitled
to receive: For taking despositions, per folio, fifteen Fees allowed. cents; for taking acknowledgments to conveyance, one
dollar; for taking, filing, and recording declaration of intention to become a citizen, two dollars; for final naturalization papers, three dollars; for making transcript on appeal, where they exceed seventy-five folios, ten cents per folio for all in excess of seventy-five folios.
Sec. 4. That the fees and salaries in this act provided shall be all the compensation by law allowed such clerks
and deputies for all services which they are required (to), or by law can, perform as such clerks; and any such clerk, or deputy, who shall receive any fee, or reward, or salary not specifically herein provided for, shall be liable to the county, Territory, or person paying the same for ten times the sum so paid to such clerk or deputy, to be
pensation prorecovered by civil action, and shall be found [deemed] guilty of a misdemeanor, and, on conviction, shall be fined in any sum of not less than one hundred nor more than five hundred, dollars and shall be imprisoned in the county jail for a term of not less than thirty nor more than ninety days.
Sec. 5. That upon the commencement of any civil action in the district court, a plaintiff, not prosecuting in forma pauperis, shall deposit with the clerk of the court, or his deputy, the sum of seven dollars and fifty cents, and take his receipt therefor, which he shall file with the transcript (treasurer] of the county in which such complaint is filed, and before the rendition of final judgment in the action in his, or their, favor, such plaintiff, or plaintiffs, shall so deposit the further sum of two dollars and fifty cents, and take and file the receipt therefor as aforesaid; and the defendant, or defendants, upon entering his, or their, appearance in such action, unless de- quired of plainfending in forma pauperis, shall pay the sum of two ant in civil acdollars and fifty cents to the said clerk, and take and file the receipt therefor as aforesaid; and before judgment shall be rendered therein in favor of the defendants, he, or they, shall further pay the sum of seven dollars and fifty cents to such clerk, and take and file the said receipt as aforesaid; and no party not having paid the said several sums as required shall be permitted, after such failure, to file further papers, or require the issuance of any process, until such payment has been made; but such prepayment shall not be required of any officer prosecuting for the people of the Territory, or any municipality thereof. The moneys so paid to the said clerks or their deputies shall be forthwith paid into the county
tiff and defend
treasury to the credit of the contingent fund thereof; except that, in the county of Missoula, it shall be credited to the current expense fund.
Sec. 6. Such sums so paid by said parties to such actions shall be taxed and recovered as other costs in the action.
Sec. 7. That all acts and parts of acts heretofore passed relating to the fees and compensation of clerks of said district courts be, and the same are hereby, repealed.
Sec. 8. This act shall take effect on the first day of March, 1879.
Approved February 21, 1879.
Be it enacted by the Legislative Assembly of the Territory
of Montana :
Section 1. No Territorial officer shall be entitled to have or receive any salary whatever until the Legislative
Council shall have advised and consented to his appointWhen not paid.
ment, if said officer be appointed to fill a vacancy which existed at the close of a session of the Legislative Council.
[The foregoing act having been presented to the Governor of the Territory of Montana for his approval, was, on February 20th, 1879, returned by the Governor to the House of Representatives, in which it originated, without his approval and with his objections thereto. The objections were entered at large upon the journal of the House, the vote by which the bill was passed was reconsidered, and, on the question being put, “Shall this bill pass, the objections of the Governor to the contrary notwithstanding?” it was passed by a two-thirds vote of the House. The bill was then sent to the Council, together with the objections of the Governor. The vote by which the bill was passed was then immediately reconsidered, and upon the question, “Shall this bill pass, the objections of the Governor to the contrary notwithstanding ?” it was passed by a two-thirds vote of the Council.]
CONSOLIDATION OF OFFICES.
AN ACT to consolidate the county offices of Beaverhead and Custer
Be it enacted by the Legislative Assembly of the Territory
Section 1. The sheriffs of the counties of Beaverhead and Custer shall be ex-officio the assessors of said coun- ficio assessors. ties, and shall perform the duties now required by law to be performed by assessors, and shall, before proceeding to assess any property, take and subscribe the oath of office now required to be taken by assessors; and in addition to his fees as sheriff shall be entitled to receive not less than one-half (72) and no more than threefourths (34) of one mill on the assessed value of all Additional property returned by him, subject to all deductions made by the board of equalization.
Sec. 2. That the probate judges of the said counties shall, by virtue of their said offices, be ex-officio county clerk and recorder, and, in addition to the duties of said office of probate judge, shall perform the duties of county clerk and recorder as prescribed by law; and shall, in addition to their fees as probate judge, receive the same
Probate judge fees as are by law allowed to said clerks and recorders ex-officio clerk. for the services as such clerks and recorders; and before entering upon the discharge of their duties they shall, in addition to their bonds as probate judge, execute the same bond as is now required by law of said clerk and recorder, and take the same oath of office as is now required by such clerk and recorder: Provided, That no compensation shall be allowed the probate judge except the said fees now prescribed by law for the performance of the duties of probate judge and clerk and recorder. Sec. 3. The county treasurers of said counties shall
3 be ex-officio superintendents of common schools of said
officio superincounties, and shall perform the duties of such superin- tendent. tendents without other compensation than that allowed by law to county treasurers.
Treasurer exRefusal shall vacate office.
Sec. 4. The refusal of any officer to act as assessor, or as county clerk and recorder, or as superintendent of common schools, shall vacate the office of sheriff, or probate judge, or treasurer, so refusing to act, which shall be filled as in other cases of vacancy.
Sec. 5. At the next general election to be holden in said counties, there shall be elected a sheriff who shall
be ex-officio assessor, a probate judge who shall be exElection.
officio county clerk and recorder, and a treasurer who shall be ex-officio superintendent of common schools of said coun‘ies, respectively, who shall enter upon the duties of their respective offices as provided for in this act at the time, or times, now prescribed by law.
Sec. 6. This act shall not effect the tenure of office of any officer now holding the office of county assessor,
county clerk and recorder, or superintendent of schools, When to take or with the discharge of their several duties; but they
may proceed in the discharge of their duties and hold their said offices to the close of the terms for which they have been elected or appointed. Otherwise this act shall take effect from and after its passage.
Approved February 5, 1879.
AN ACT concerning corporations.
of Montana :
Section 1. The trustees of every corporation heretofore, or hereafter, organized under the laws of this Territory providing for the formation of corporations for the
conduct of any business for pecuniary profit, shall be Method of elerting trustees chosen at one time, and on a general ticket. At such
election for trustees, each stockholder shall have as many votes as the number of shares of stock held by him multiplied by the number of trustees to be chosen, and may