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SEC. 4.

of the political rights and duties, of political divisions of the state, of the government of the state, of government of counties, cities and towns, and of such other general laws as shall seem proper to the commission. The commission shall also prepare and make a report designating what statutes or parts of statutes are repealed by the provisions of any of the codes and what, if any, laws of a gerieral nature ought to be enacted in addition to the several codes.

Sec. 3. When the commission shall have prepared and completed any one of the above named codes, with a proper index thereto, a copy of the same shall be filed in the office of the secretary of this territory, or of any officer who shall succeed to his duties, and the same shall be submitted for action thereon to the first session of the legislature of the state of Montana, and such code or codes may be enacted into a law or laws, as such legislative body shall deem proper: Provided, That the said commission shall not be required to prepare or complete the political code hereintofore mentioned, until after the first session of the legislature of the state of Montana, but shall prepare, complete and submit the said political code to the second session of the legislature for the state of Montana, whether regular or extraordinary, for their action and approval.

The said commissioners shall each receive a compensation for his services of $4,000, and are empowered and authorized to employ one competent clerk, who shall receive for his or her services $150 per month. It is hereby made the duty of the secretary of Montana to furnish said commissioners a suitable office and to furnish the same, and to supply said commissioners all books, stationery, postage and other articles which may hy said commissioners be required, and all claims and bills for rent and other expenses and purchases shall be allowed and audited and paid, as are all other claims against Montana; and the auditor shall draw his warrants therefor upon the territorial or state treasurer, as the case may be. The salary of the clerk of such commission shall be paid monthly by the auditor upon vouchers to be approved by the chairman of the commission.

Sec. 5. Upon the completion of any one of the said codes and upon tiling the same accompanied with a general index and the report of the commission in relation thereto, as mentioned in section two of this act in the office of the secretary of the territory or state, as the case may be, it shall be the duty of the chief justice and the secertary of the territory or state, to examine the same and as soon as practicable to determine whether the work has been done as provided in this act; and if they so determine, they shall file their decisions with the state auditor, whereupon it shall be lawful for and the duty of such auditor to draw his warrant for the pro rata salaries of the commission under the provision of this act, and to be paid by him out of any funds not otherwise appropriated.

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Section 6. It shall be the duty of the auditor to cause to be printed as soon as practicable after it is approved and filed as aforesaid, five hundred copies of each of the said codes. Such printing shall be done in manner and form subject to the order and approval of the chief justice, attorney-general and secretary of state, but such codes shall be bound only in paper covers.

When the said five hundred printed copies of any one of the said codes have been accepted and approved of said oflicers, or a majority of them, and have been delivered to the librarian of the Montana law library, it shall be the duty of the said chief justice, attorney-general and secretary of state, or any two of them, to certify to the correctness and justice of the bills for printing and delivery of such volumes to the auditor, who is hereby authorized upon the receipt of such vouchers to draw his warrant or warrants for the amount thereof, upon the treasurer of the territory or state, as the case may be, to be paid by him out of any funds not otherwise appropriated. The volumes when delivered as aforesaid shall be distributed, or a sufficient number thereof, to the following officers or persons, who shall each be entitled to receive one copy of each of the said codes: ernor, secretary, auditor, treasurer, superintendent of public instruction, attorney general, the several judges of the supreme courts and the judges of the probate courts of the several counties and the members of the bar in Montana. The librarian shall reserve one hundred and fifty copies of each of said codes for the use of the legislative assembly of Montana. Approved, March 14, 1889.

COUNTY ATTORNEYS.. AN ACT to amend section 845 of chapter 64, fifth division of Compiled Statutes, relating to

county attorneys, and to repeal an act entitled “An act relative to county attorneys,”

approved September 14, 1887. Be enacted by the legislative assembly of the territory of Mon

tana:

SECTION I. That section 845 of chapter 64, fifth division of the Compiled Statutes of Montana, be and the same is hereby amended so as to read as follows: Section 8.45. It shall be the duty of each county attorney in his 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 district and probate courts wherein the territory of Montana, or the county in which he is elected, is a party. He shall also, wnen requested so to do by the attorney general, appear in all cases before the supreme court of the territory where the people of his county are interested, and which may be appealed from his county, and he shall prepare and present to the supreme court any such appealed case, subject, however, in all such appealed cases to the advice, approval and assistance of the attorney general of the territory. He shall also, when practicable,

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appear on behalf of the people and prosecute all criminal proceedings in the justice courts of his county. He shall, when requested by any grand jury or grand juror, give his opinion on any matter of law pertaining to the duties of grand jurors, and shall be the legal advisor of all territorial, county, school and township officers within his county, 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. He shall prosecute all actions and proceedings for the forfeiture of bonds, undertakings and recognizances, when the territory is a party or when the county or territory is interested. And no other attorney or counsel shall be employed or paid by any county, for any services herein required to be performed by the county attorney thereof, unless such services were rendered to and for the county, and the additional counsel employed, by the advice and upon the recommendation of the county attorney, or acting county attorney, as the case may be: Provided. That in any case or proceeding, when the county attorney of a county is personally interested in the result thereof, or where from any cause he is disqualified to act, the district judge upon a proper 'showing made by affidavit (which aflidavit shall set forth the facts constituting such disqualification), may in his discretion make an order authorizing the county commissioners of such county to employ additional counsel, and such counsel so employed shall receive such compensation for his or their services as the district court may by an order allow, and such compensation shall be allowed and paid as are other claims against such county. And provided, That in any criminal case or matter being investigated by a grand jury in which the county attorney is interested, or fails to perform his duties as such officer, the district judge may in his discretion upon a proper showing appoint some other attorney of the court to prosecute the case and discharge all the duties of the county attorney in such cause or matter. And the said attor ney so appointed shall receive such compensation for his services as the court, by order, shall allow, not to exceed the sum of twentyfive dollars in any one

And provided further, That such application may be made to the district judge of the district in which the county is situated, either at chambers or in term time, and written notice of the hearing thereof shall be served upon such county attorney. SEC. 2.

All acts and parts of acts in conflict herewith, particularly an act entitled “An act relating to county attorneys, approved September 14, 1887, be and the same are hereby repealed.

SEC: 3. This act shall take effect and be in force from and after its

passage.
Approved, February 13, 1889.

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COUNTY COMMISSIONERS,

AN ACT to Provide for Filling Vacancies in the Office of County Commissioners.
Be it enacted by the Legislative Assembly of the Territory of Mon-

tana:

SECTION I. That when a vacancy shall occur in the office of county commissioners in any county, the probate judge in the county in which the vacancy occurs shall appoint some suitable and qualified elector to perform the duties of such office, Such officer so appointed shall hold his office until the general election next following such appointment. Should the term of office be not expired at such general election, then the qualified electors at such general election shall choose some person to fill the unexpired term of said office.

And in case there are two or more county commissioners to be elected at such general election the electors shall designate which person voted for is to fill the unexpired term.

SEC. 2. This act shall take effect and be in force from and after its passage.

All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 14, 1889.

COUNTY TREASURERS. AN ACT requiriug county treasurers to advertise in a newspaper a list of all warrants that

they have funds in their hands to redeem. Be it enacted by the legislative assembly of the territory of Mon

tana :

SECTION I. That in addition to the notice provided for by section 793, fifth division general laws of the compiied statutes of Montana, the county treasurers of the several counties of this territory shall on the first Monday of every month or as soon as possible thereafter, advertise in one newspaper published in their respective counties a list of all warrants that they have funds in their hands to redeem or pay, the payment for which has not been demanded during the month last past.

SEC. 2. This act shall take effect on the first Monday of April, 1889. Approved, March 12, 1889.

COSTS. AN ACT giving costs in certain cases. Be it enacted by the legislative assembly of the territory of Mon

tana:

SECTION I. Costs shall be awarded by the district court to the plaintiff in an action to recover damages for trespass upon real property brought in that court without respect to the amount of the damage recovered. SEC. 2.

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

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SEC. 3. This act shall take effect and be in force from and after its passage. Approved, March 14, 1889.

DIVORCE CASES-ILIMONY. AN ACT to amend Section One Thousand and Four of Chapter Fifty-Eight of the Com

piled Statutes of Montana, concerning Alimony in Divorce Cases. Be it enacted by the Legislative Assembly of the Territory of Mon

tana:

SECTION 1. That section one thousand and four of chapter fiftyeight of the fifth division of the general laws of the Compiled Statutes of Montana be amended so as to read as follows: Section 1004. When a divorce shall be decreed it shall and may be lawful for the court to make such order touching the alimony and maintenace of the wife, the care and custody of the children or any of them, as from the circumstances of the parties and nature of the case,

shall be fit, reasonable and just, and in case the wife be complainant, to order the defendant to give reasonable security for such alimony and maintenance, or may refuse the payment of such alimony and maintenance in any manner consistent with the rules and practice of the court; and the court, or judge in chambers, may also grant alimony a pendente lite and may make any restraining order concerning the property of the defendant in the discretion of the court or judge, and the court or judge may, on application from time to time, make such allowances or alterations in the allowances of alimony and maintenance as shall appear reasonable and just: Provided, That no order for alimony shall be made until notice of the time and place of the hearing shall be served upon the opposite party in cases when such party has appeared, and in all other cases the notice shall be served upon the clerk of the court in which the action is pending. Approved, March 2, 1889.

DOWER RIGHTS-INSANE MARRIED WOMEN. AN ACT authorizing the conveyance of the dower rights of insane married women. Be it enacted by the legislative assembly of the territory of Non

tana:

SECTION I. That whenever the wife of any person shall have become insane, imbecile or idiotic, or from any cause shall be unable from defective intellect to join her husband in the conveyance of real estate, and shall have remained in that condition for more than two years, or when it shall be made to appear to the court or judge that such married women is incurably insane, 'she may be barred of her right of dower in the lands of her husband, in the manner following, to-wit: SEC. 2.

The husband or any person interested in such real estate, may apply to the district court or judge of the county where

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