SEC. 2. This act shall take effect from and after its passage. Approved, March 13, 1889.

FEES AND COMPENSATION-COUNTY OFFICERS.

AN ACT to provide fees and compensation for the several county officers in the counties of Montana.

Be it enacted by the legislative assembly of the territory of Mon

tana:

SECTION I. That the clerk of each of the several judicial districts of the territory of Montana shall receive a salary of one thousand dollars per annum, one-fourth thereof payable quarterly out of the contingent fund of the said county, by a warrant drawn on such fund and payable as other warrants thereon are paid, and which salary shall be in full compensation for all services and charges against said counties, as such clerks in said counties, in all criminal causes and in all causes in which any county, or the territory of Montana or any officer thereof as such may be a party, or in any way interested or liable for costs.

SEC. 2. When such clerks may have a deputy in any other counties, such deputies shall be entitled to receive a salary of one thousand dollars per annum, except in counties having an assessed valuation of not over three million dollars, the salary shall be eight hundred dollars per annum, to be paid quarterly by warrants drawn on the contingent fund of said counties and paid as other warrants thereon, and such salary shall be for the use and benefit of such deputies. And it is provided that said salaries shall be in full payment for all services as clerks and deputy clerks in said counties in all civil and criminal causes in which any county or the territory or officer thereof shall be a party, or in any way liable for costs: Provided, That nothing herein contained shall prevent the county commissioners of any county from employing, when necessary, an additional deputy clerk for their respective counties, at a salary not to exceed one hundred dollars per month.

SEC. 3. In addition to the salaries of said clerks and deputies mentioned in the foregoing sections they shall be entitled to receive: For verification to affidavit and seal, fifty cents; for taking depositions, per folio, fifteen cents; for taking acknowledgments to conveyances, fifty cents; for declaration of intention to become a citizen, two dollars; for final naturalization papers, three dollars; for transcript on appeal, for transcript of judgment, execution or order of sale and recording same, or certified copies of other papers, per folio, ten cents; for commencing actions in civil cases, including the issuance of summons, writ of attachment, writs of injunction, or other writs, unless the same be presented in forma pauperis, five dollars, and no more if dismissed or discontinued; for entry of final judgment in favor of plaintiff, two dollars and fifty cents; upon the appearance of the defendants in each civil action, two dollars

and fifty cents; upon entry of final judgment in favor of defendant, five dollars; and the items of compensation in this section specified, shall be the only charges of compensation that the clerk of a district court or any deputy shall collect or receive in civil action in any district court of this territory.

SEC. 4. That the several county clerks and recorders of the counties of this territory shall receive for all services required of them by law to be performed for any county, or the territory of Montana, or in which any county or the territory of Montana is a party or in any way liable or responsible for costs or fees to said clerks and recorders, each the sum of one thousand dollars per year. And such salary shall be paid one-fourth thereof quarterly, by warrant drawn on the contingent fund of the proper county, and payable as other warrants on such fund are paid, and which salary shall be the only compensation said clerks and recorders shall receive for all services required by law of them to be performed for any county or this territory, or for which any county or this territory is liable or responsible; nor shall any county of this territory pay to said clerks and recorders any other compensation than herein provided.

SEC. 5. In addition to the salary of said clerks and recorders mentioned in the foregoing section, they shall be entitled to demand and receive the following fees: For filing and recording each instrument of writing allowed by law to be recorded, for the first folio, thirty cents, for each additional folio, fifteen cents; for each entry in index, ten cents; for each certificate of record of title, one dollar; for acknowledgments certificate and seal, fifty cents; for copies of record, per folio, fifteen cents; abstracts of title, first conveyance, fifty cents; for each subsequent conveyance twenty-five cents; abstracts from original entries, each fifty cents; for each search of record, twentyfive cents; record of quartz or placer claim, one dollar; for cancelling or releasing any mortgage, attachment or other lien, twenty-five cents; for filing each affidavit of brands of cattle slaughtered, twenty-five cents; for recording town plats, for each two hundred lots or less, ten dollars; for each additional lot, five cents; for filing and indexing chattel mortgage, lien, attachment, or other paper required by law to be filed and indexed, one dollar; for filing and recording each affidavit of lode representation, one dollar; for filing and indexing each annual statement of corporations, one dollar; for filing any paper not herein provided for, twenty-five cents.

SEC. 6. The sheriff of each of the several counties in this territory shall receive a salary of one thousand five hundred dollars per annum, payable one-fourth thereof quarterly, by warrant drawn on the contingent fund of the county, and payable as other warrants on such funds are paid; and in addition to such salary the sheriff of each of the several counties shall be entitled to demand and receive the following fees: For transporting prisoners and insane. persons, per mile, including diet and all expenses, twenty cents;

for summoning jurors, each, forty cents; for serving summons, including copy of complaint and summons on each party, fifty cents; for making copies of summonses and other writs, per folio, twenty cents; for serving subpoenas and copy, each witness, thirty cents; for advertising property for sale, one dollar; for every mile actually and necessarily travelled, fifteen cents; for serving and returning scire-facias, one dollar; for committing prisoner to jail, fifty cents; attending before any judge with prisoner on writ of habeas corpus two dollars; for serving writ of possession, with the aid of posse comitatus, three dollars; without such aid, one dollar and fifty cents. For serving execution or attachment, seventy-five cents; for making certificate of sale, previous to execution of deed, two dollars; for taking replevin forthcoming or other bond, seventyfive cents; for executing capias or warrant in criminal cases, one dollar; for serving declaration in ejectment and proper return for each defendant, one dollar; for executing death warrant, two hundred and fifty dollars; for commissions on money collected without sale, on all sums under five hundred dollars, one and one-half per cent; on all sums between five hundred and one thousand dollars, one per cent; on all sums over one thousand dollars, three-quarters of one per cent; for commissions on money collected by sale by sheriff, on any sum under one thousand dollars, two per cent; on all sums between one thousand dollars and five thousand dollars, one per cent; on the excess over five thousand dollars, one-fourth of one per cent. And the county commissioners of each county shall compensation to a jailor, when employed, not exceeding three collars per day. Provided that nothing in this section shall be held to apply to the compensation received by the sheriff for board of prisoners, or the transportation of convicts sentenced to confinement in the penitentiary. Proided, when any sheriff, constable or coroner serves more than one process or notice in the same direction not requiring more than one journey from his office, he shall charge for and receive one mileage only, for such service. SEC. 7. And in addition to the salaries and fees above provided the sheriffs of the several counties shall receive for the transportation of persons convicted of violation of the laws of the territory and sentenced to confinement in the penitentiary, per mile, including diet and all expenses, for each person, twenty cents. The said sheriff shall file with the territorial auditor, a statement under oath showing the number of miles actually and necessarily traveled; the name of the prisoner transported; the county jail from whence the prisoner or prisoners were transported; and the auditor shall examine said. statement so made and if he is satisfied that the same is correct, he may draw his warrant on the territorial treasurer in favor of such sheriff.

SEC. S. That the county attorney in each of the respective counties of this territory shall receive as compensation for his services as county attorney an annual salary of eight hundred dollars,

except in counties having an assessed valuation of not over two million dollars, the salary shall be six hundred dollars per annum. All of such salary shall be paid out of the contingent fund of the respective counties, one-fourth thereof payable quarterly.

SEC. 9. In addition to the salary provided in section eight of this act, the county attorney shall receive upon the allowance of the board of commissioners of such county 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 trial conducted by him in case of misdemeanor, five dollars; for each preliminary examination, five dollars; for each coroner's inquest, when in actual attendance, five dollars; for each criminal trial conducted by him in the district court, fifteen dollars, except capital cases, for which he shall receive fifty dollars; for drawing each indictment, five dollars; Provided, no fee shall be allowed for drawing any indictment which shall be quashed, or is from any cause held to be defective, and all fees in this section herein before 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 him in the supreme court. All fees in this section provided for shall be paid by warrants drawn on the contingent fund of the county, and the county attorney shall furnish quarterly to the county commissioners a statement of all charges made and fees received by him, which said statement shall be filed with the county clerk and recorder: Provided, in no case shall the total maximum compensation of any county attorney including salary and fees, exceed the sum of three thousand dollars.

SEC. IO. The judge of the probate court of the respective counties of this territory shall receive an annual salary of eight hundred dollars except in counties having an assessed valuation of not over two million dollars, this salary shall be six hundred dollars per annum, payable quarterly by warrant drawn on the contingent fund of the proper county, which said warrant shall be drawn and paid as other warrants, and in addition to such salary the probate judge shall be entitled to demand and receive the following fees in probate matters: For appointing executors, administrators, guardians or trustees, one dollar; for granting letters testamentary or of administration affixing seal thereto and recording the same, one dollar; administering oath to any case where a jurat and seal are necessary, twenty-five cents; taking proof of a will or codicil thereto, one dollar; recording any will, codicil or other paper not herein otherwise provided, per folio, fifteen cents; indorsing certificates of probate on any will, codicil or other paper, ten cents; examining and approving each inventory, sale, bill or account current filed by ex

ecutor or administrator, fifty cents; entering settlement of executors or administrators on order book, fifty cents; each copy of the settlement of executors or administrators, with certificate and seal, one dollar; for each decree limiting time for exhibiting claims of creditors, fifty cents; for each order of distribution, fifteen cents per folio, and in no case less than one dollar for any order of distribution; for transcript of records, including certificate and seal, per folio, fifteen cents; making order for publication, twenty-five cents; entering allowance of appeal, twenty-five cents; issuing each citation or summons, with seal, fifty cents; issuing a subpoena, first witness, twenty-five cents, and ten cents for each additional name inserted and not more than two subpoenas in any one case; entering any decree or judgment, fifty cents; filing any paper belonging to estate or otherwise, ten cents; hearing application for guardianship or trusteeship and issuing letters therefor, one dollar; taking and approving bond of guardian, trustee or in any other case where required by law, fifty cents; hearing application to revoke letters testamentary and deciding the same, one dollar; swearing a jury, twenty-five cents; taking acknowledgments of any instrument in writing, where there are no more than two parties, fifty cents; three or more parties, seventy-five cents; issuing venire, twenty-five cents; taking and entering verdict, twenty-five cents; allowing or disallowing demand against an estate, twenty-five cents; granting and entering a continuance, fifteen cents; performing marriage ceremony, five dollars; for issuing and recording each marriage license, two dollars; for issuing a deed or duplicate deed under the townsite laws, four dollars. In all civil and criminal actions brought before the probate court, the judge thereof shall be entitled to demand and receive the same fees and be subject to the same limitations therein as is provided for justices of the peace. In any county where the assessed valuation may exceed four million dollars, the probate judge may appoint a clerk and the county commissioners allow such clerk a salary not to exceed one hundred dollars per month. SEC. II. The county superintendents of common schools in the various counties of the territory shail receive as annual compensation the sum of one dollar for each school census scholar in his or her county, the same payable quarterly by warrant drawn on the contingent fund of the proper county, and payable as other warrants on such funds are paid: Provided, That the county superintendents of common schools shall not serve as teachers in their respective counties while holding such office: Provided, That such compensation shall not in any case exceed the sum of one thousand, two hundred and fifty dollars per annum, and in addition to said compensation each superintendent shall receive the sum of ten dollars for each school district where such superintendent has actually visited. the schools in such districts at least once in each year, payable as aforesaid: And provided further, That the board of county commissioners of the several counties shall furnish the said county