Feb. 28.

C. 132. L. 89, § 1; unsettled in his county, or the guardian of any minors, or when he may be entitled to the distributive share of an estate, or surety of the executor or administrator that is to be settled in his court, in all such cases the district court having jurisdiction in said county, or the judge in vacation, shall have the power to do and perform all acts pertaining to the settlement, partition and distribution of such estates that might be done by the probate judge.

Probate

judges may issue process and make rules.

§ 752. That the judges of probate courts shall have full power and authority to issue whatever process may be neces sary for the efficient discharge of their duties, and to make and publish rules and orders regulating the business and practice of their several courts, not inconsistent with the laws C. 66. L. 87, § 1 of this territory.

Feb. 24.

Duty of sheriff.

Id. § 2.

Office and stationery.

Id § 3.

kept.

Warrant register.

§ 753. It is hereby made the duty of the sheriffs of the several counties of this territory, to serve and execute all process directed to them by said judges of probate in their respective counties, and shall be subject to fine and amercement as provided by law for the neglect or refusal to discharge the duties required of them; and it is hereby made the duty of the sheriff of each county, or his deputy, to attend the probate court of his county, under the direction of the judge thereof; and such sheriff shall receive for his services of process like fees as are now provided by law in similar cases emanating from the district courts.

§ 754. That the county commissioners of each county in this territory shall provide a suitable office for the accommodation of the probate judge of the county, and shall furnish all stationery, and such other things as may be necessary for the prompt discharge of the duties of said judges.

PROBATE CLERK AND DUTIES.

Accounts to be $755. The probate clerks of the different counties of this territory are hereby required to keep a separate book for the sole purpose of keeping an exact account, which shall show in a clear and distinct manner all the money received, specifying the object for which it was received; and that the same book shall also contain a distinct and clear list of all warrants § 20: Jan. 30. 1861. Tr. issued against the county treasury, and for what purpose. § 756. There shall also be kept in said book a full copy of the accounts current for the year, open to the inspection of any citizen who may wish to examine the same as often as he may desire so to do.

C. L. 1865. chap. 39.

Accounts current:

public.

Id. § 21.

Clerks failing to discharge duties.

Penalty.

Id. § 24.

Salaries; fines.

Id. § 25.

Deputies, right to appoint.

$ 757. All clerks who shall fail in the discharge of the duties required in the foregoing sections shall be considered guilty of a misdemeanor, and on conviction before the district court shall be fined at the discretion of the court, in any sum not less than twenty-five dollars, nor more than one hundred dollars.

§ 758. The salaries of the clerks of probate shall be paid out of the county treasury, and all the fines provided in this act shall be paid into the county treasury in which they originated.

§ 759. The clerks of the probate courts of this territory. with the consent of the probate judges, shall have power to

L. 1867. chap. 24. §

appoint a deputy clerk of the probate court; each clerk shall appoint one, and such deputies when duly appointed and 1: Jan. 29. Tr. qualified shall have full power and shall be authorized to perform all the duties of the clerk of the said probate court.

§ 760. The said deputy clerk shall take the same oath of office as is or may be provided by law as to his duties, which oath of office and his appointment shall be recorded in the records of the probate court.

$761. The clerks of the .probate court shall be responsible, respectively, for the acts of their deputies, and for such purpose, all and every official act of the deputy shall be considered as an official act of the clerk who appointed him, and each deputy clerk shall sign all the papers issued by himself with the name of the clerk, in this manner: A. B., clerk of the probate court, by C. D., deputy clerk.

Carter vs. Territory, vol. 1, page 317, N. M. Rep.

§ 762. A deputy clerk of the probate court shall not receive any additional salary or pay of any kind for the performance of his duties, and his compensation shall be taken out from the pay and the fees of the clerk as allowed by law and as agreed upon between the deputy and the clerk who appoints him.

$763. There shall be a bounty paid as hereinafter provided for the killing of the following wild animals, within the boundaries of any county in this territory, viz: For each and every lynx, one dollar; coyote, fifty cents; wild cat, fifty cents; or wolf, the sum of five dollars; for each and every panther or bear, the sum of five dollars, and for each and every mountain lion, the sum of five dollars.

§764. The person or persons killing said animals, designated in section seven hundred and sixty-three, shall be and is hereby required upon application for said bounty, to produce and present with his application, the scalp of the animal killed, including the two ears and face down to the nose, the same to be presented to the probate clerk of the county in which the said animal or animals are killed, accompanied by satisfactory proof in writing under oath describing the same, when and where killed, the residence and post-office address of the ap plicant or applicants, and his or their name in full, and that the same were killed within the boundaries of the county where the application is authorized.

$765. The said probate clerk shall file the said application in his office, numbering the same in the order in which all applications shall be received; he shall indorse the name of the county, the name and post-office address of the applicant, the date of receiving the same for filing, and sign the statement officially. Thereupon he shall enter of record in a book to be kept for that purpose, the name or names of the applicants, the date and number of the application, the number and kind respectively of the animals for which application is made for a bounty, the decision he shall arrive at under the application, and if a certificate shall be issued, the fact of the cancellation or destruction of the scalp, and which shall include a cutting of the same in two pieces, separating the ears. Thereupon, the proof being reasonably satisfactory under the application,

Oath.

Id. § 2.

Clerks responsible.

Id. § 3.

Compensation.

Id. § 4.

Bounty for wild animals.

C. 63, L. 89, § 1:

Feb. 19.

Scalp to be pre

sented to probate clerk.

Id. § 2.

Duty of probate

clerk.

Feb. 19.

1

C. 63. L. 89, § 3; he shall issue a certificate under his official seal, bearing the file number of the application, stating the name or names of the applicants, the number and kind of animals for which the application shall be entitled to a bounty, and the total amount to which the applicant is entitled, as fixed in section seven hundred and sixty-three: Provided, always, That the destruction of the scalp or scalps presented, shall in all cases precede the issuing of the certificate, and shall be in the presence of two witnesses. The probate clerk shall be entitled to a fee of fifteen cents for each animal placed of record, under the application, including the issuing of the certificate. The probate clerk is hereby authorized to have printed blank certificates, attached to blank stubs in book form, the whole in conformity with the requirements of this act. The stubs, when filled out, shall constitute the record herein contemplated.

Order to draw on treasurer.

Id. $5.

False

statement

to be perjury.

Id. § 6.

Newspapers to be subscribed for.

$766. Upon presentation of the certificate provided for in section seven hundred and sixty-five, to the territorial auditor of public accounts, it is hereby made his duty to issue an order upon the territorial treasurer for the amount stated in the said certificate, payable out of the general fund.

$767. Any person or persons making a false statement under oath, as provided in this act, shall be liable to prosecution for perjury and suffer the penalties of the same as provided by the laws of this territory. Any person or persons. driving, baiting, enticing, bringing from outside the territory or for breeding, rearing or taking any of the animals mentioned in this act, for the purpose of procuring bounties thereon, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than fifty dollars, nor more than two hundred dollars, in the discretion of the court, for each and every offense so committed.

§ 768. The probate clerks of the several counties of this territory are hereby authorized and required to subscribe for such, one copy each of newspapers as areprinted and published C. 49. L. 89, 1: in their respective counties.

Feb. 12.

Same to be bound and kept.

Id. § 2.

How paid.

§ 769. It shall be the duty of each probate clerk to receive and preserve every copy of the paper or papers so subscribed for and from time to time cause the same to be properly arranged and bound in volumes of convenient size and in a substantial manner, and said volumes, when bound, shall be kept in his office for the use of the courts, when needed, of strangers and the inhabitants of the county, all of whom shall have access to the same at all times during office hours, free of charge. For his services in this behalf, the probate clerk shall receive the sum of ten dollars for each volume, and for the neglect of the duties hereby imposed shall forfeit the sum of fifty dollars, to be recovered with costs in a civil action before any court, one-half of which shail be paid into the county school fund and the other half to the person who shall prosecute such action to successful termination.

770. The subscription price of such paper or papers, the binding of the several volumes thereof and the probate clerk's compensation for the care and preservation of the same shall be paid out of the general fund of the county in the same

manner as other charges are audited and allowed from such fund by the respective boards of county commissioners.

§ 771. Any person who shall willfully abstract, destroy, mutilate or deface any number or volume of such newspapers purchased in pursuance of this act, shall be deemed guilty of a misdemeanor, and shall be fined in a sum not exceeding five hundred dollars, or imprisonment in the county jail not more than six months, or both by such fine and imprisonment in the discretion of the court: Provided, That one-half of such fine shall be paid into the school fund of the county where such offender may be convicted, and the other half to the person who shall make the complaint.

C. 49. L. 89. § 3: Feb. 12.

Penalty.

Id. § 4.

§ 772. At the next general election, and every two years thereafter, there shall be elected in the same manner as now provided by law for the election of other county officers, a county assessor for each county in this territory, whose duties, powers, and compensation shall be such as are now or may hereafter be prescribed by law.

Term of office.

and oath,

conditions.

$773. The county assessor shall enter upon the duties of his office on the 1st day of January following the date of his election, and shall continue in office for the term of two years, and until his successor shall have been duly elected and qualified. Bond Before assuming the duties of office he shall execute a bond to the territory in the sum of two thousand dollars, with two or more sureties, to be approved by the board of county commissioners, conditioned that he shall promptly, faithfully and impartially discharge the duties of his office, and shall also take and subscribe an oath, in writing, that he will support the constitution of the United States, and faithfully discharge the duties required of him by law as such officer. Such official bond and oath shall be filed in the office of the . probate clerk.

$774. The county assessor may, with the consent and approval of the chairman of the board of county commissioners, appoint one or more deputies to assist him in the discharge of his official duties, who shall take and subscribe an official oath similar to the oath required of the county assessor by the preceding section. The appointment of such deputy shall be in writing, and together with his official oath, shall be filed in the office of the probate clerk. The county assessor shall be liable upon his official bond for any official misconduct on the part of his deputy.

$775. Should a vacancy occur in the office of county-assessor by reason of death, resignation, removal, or otherwise, the same shall be filled as provided by law.

Id. § 2.

Deputies: appointment of, liabilities.

Id. § 3.

filled.

Vacancies: how

(See chap. 90, 1884) Id. § 4.

Probate clerks; ex-officio.

C. L. 1865, chap.

County to pay for books and index.

§ 776. The clerks of the probate courts of the different counties of this territory, shall be ex-officio recorders in their

88, § 1: Jan. 1, 1856. Tr. respective counties.

Record of land

titles.

Id. § 2.

Indorsement on documents.

filling.

§ 777. It shall be the duty of the recorder to record in a book of good size, which he shall keep in his office for this purpose, all land titles and other papers which by law should be recorded.

§ 778. When any land title, or other document, shall be delivered to the recorder to be recorded, it shall be his duty Record, dates from to indorse immediately on that document, or other the paper, day, month and year in which he received it, and he shall record it in the book of record as soon as possible, and the said documents from the date in which they were delivered to the recorder shall be considered as recorded, and this shall be sufficient notice to the public of the contents thereof.

Id. § 3.

Records to be securely kept, and delivered to successor.

Id. § 4.

Damage: liability

for.

Fees.

Id. § 5.

Index: probate clerk required to make.

C. 7, L. 93. § 16: Feb. 23.

Alphabetical rangement.

ar

L. 1878, C. 15, § 2; Jan. 24.

Record books: purchase authorized As amended by above.

Id. $ 3.

County to pay.

§ 779. It shall be the duty of the recorders to keep their books of record well secured, and when they go out of office as clerks of the probate court, they shall deliver them complete to their successors.

780. For each failure in compliance with the requisites of this law the clerks of the probate courts shall be held responsible for all the injuries suffered by the injured party, on their official bonds; and they shall receive for their services ten cents for every hundred words recorded by them in accordance with this law, and shall further receive for certificate and seal to documents recorded, one dollar.

781. The probate and ex-officio county clerks in the several counties in this territory shall receive as their compensation, the fees, salaries and emoluments of their respective offices as now fixed by law: Provided, That for binding paper files and for mailing and filing poll and registration books the clerk shall receive only actual cost of such binding, mailing and filing: And provided, further, That it shall be the duty of the clerk and recorder to properly index all deeds and documents filed or recorded by him, without extra charge. § 782. Said indexes shall be alphabetically arranged and shall contain the full name or names of each and every grantor or grantors, and grantee or grantees.

§ 783. Said probate clerks are hereby authorized to purchase at the expense of their respective counties, such books as may be necessary for the complete indexing of all such records.

$784. The cost of the books so purchased in which to inAs amended by dex said records, shall be paid by the counties in which said indexing is done, and the proper officer for paying bills against counties is hereby required to pay for the same.

above.

Id. § 4.