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alternately draw the names of thirty persons, who shall be summoned as trial jurors for the next ensuing term of such district court. For the purpose of estimating the population under this section, the commissioners may multiply by four the whole number of votes cast in such county for member of congress, at the general election next last held before they draw the jury, and the product of such multiplication shall be deemed the population of the county.
Sec. 6. The names of the persons so selected for petit jurors shall then be put into a written list and enclosed in an envelope and be sealed up, and be delivered by one of the commissioners to the judge of the district court, who shall write across the place for sealing the words, "petit jurors for the next regular term of the district court for
The box containing the residue of the names of the petit jury list as aforesaid shall, after such drawing, be locked up, and the key and box deposited with the clerk of the court or deputy clerk, for which the jury is summoned, and by him safely kept for future use, as required by law.
SEC. 7. The packages so sealed shall then be delivered by the jugde to the clerk of said court, or his deputy, to be by him safely kept until not more than forty nor less than thirty days before the first day of the next term of the said district court, when, in the presence of the sheriff of the county, or one of his deputies, where the clerk or deputy shall keep his office, and also the district judge if he be present, such clerk or his deputy shall open each of said packages, and forthwith issue venires to the sheriff of the county in which said jurors shall have been selected returnable to the next term of said court; and all the names contained in the list of grand jurors shall be included in one venire, and those of the petit jurors in another. The venires as provided for in this section shall be returned to the clerk of such court, or his deputy, by the sheriff aforesaid, at least two days before the commencement of each term of court, and such venires, after their returr., shall be subject to the inspection of any officer or attorney of the court.
SEC. 8. After the clerk shall open the packages as herein directed, and shall have issueed the venires for the jurors, he shall safely keep the envelopes enclosing the lists, and shall have present at the next term of court the lists and envelopes.
Sec. 9 Each of the said commissioner shall keep secret, until said packages shall be opened, the names of the persons which shall be placed on the list as jurors.
Sec. 10. Every person who shall be appointed a commissioner
SEC by the judge in pursuance of this act and who shall refuse or neglect to perform the duties herein prescribed, shall be liable to attachment as for contempt, and fined in any sum not exceeding $1o, in the discretion of the judge; and in case of any failure to attend and take the oath and join the commission herein provided for the district judge may appoint other persons in the place of such as shall be absent.
SEC. II. If the probate judge shall be within the county and shall fail to attend said commission, he shall be liable to attachment by the court and may be fined not exceeding $50 in the discretion of the judge, or, of the court; Provided, He may be excused upon good and satisfactory reasons being shown.
SEC. 12. The absence of one or two commissioners appointed under the provisions of this act shall not prevent a majority of such commissioners from selecting the juries and doing and performing all other acts directed and required to be done under the provisions of this law.
Each of said commissioners shall receive the sum of $1, and actual mileage traveled in attending as a jury commissioner.
When from any cause on the meeting of or during the term of a court, a grand jury is wanted, or there is not a sufficient number of grand jurors present, or those summoned have been excused or discharged, it shall be lawful for the judge of the district court and for the clerk of the court or his deputy under the direction of the judge, to prepare a list of the names of a sufficient number of persons competent to serve as grand jurors, who shall be summoned by the sheriff to attend at such time as the court may direct.
If during a term of the district court a lawful petit jury is not present and one is wanted, it shall be lawful for the judge of the court and the clerk of such court, or his deputy, under the direction of the judge, to prepare a list of the names of at least twenty-four competent persons to serve as trial jurors for such term. After such list is so prepared it shall be the duty of the clerk of the court, or his deputy, to issue a venire containing the names of the persons selected as aforesaid, and to place the same in the hands of the sheriff, who shall thereupon summons such persons to appear before such court upon a day named in said venire and fixed by the judge of such court. The persons so drawn and summoned and not excused by the court, shall constitute the panel of petit jurors for such term. If during the progress of any trial of any cause in such court, where a jury has been drawn, as in this section provided, it shall become necessary for any cause to summon additional jurors, such additional jurors shall be drawn and summoned by an open venire, in accordance with the provisions of section two hundred and fifty-five of the first division of the compiled laws of Montana and the acts amendatory thereto.
SEC. 16. Sections twelve hundred and ninety-seven, twelve hundred and ninety-eight, twelve hundred and ninety-nine, thirteen hundred, thirteen hundred and one, thirteen hundred and two, and thirteen hundred and three, of chapter seventy-eight, fifth division general laws, of the compiled statutes of Montana be, and the same are hereby repealed, and any and all other acts in conflict with the provisions of this act and relating to the subject matter of this act
are hereby modified to conform to the provisions of this law; provided, nothing in this act anywhere contained shall be construed to impair the legality of any grand or petit jury heretofore drawn, or which may be drawn, for or during any term of district court to be held in any county in Montana prior to July first, eighteen hundred and eighty-nine, pursuant to laws in force and existing prior to and at the time of the passage of this act.
The several judges of the district courts in each county where a term of court may be held prior to July first, eighteen hundred and eighty-nine, are hereby empowered to appoint the commissioners required to be appointed under the provisions of this law, and to do and perform all acts necessary to carry out the provisions of this law, so that all grand and petit jurors which may serve at the term of the district court to be held in Montana after July first, eighteen hundred and eighty-nine, may be selected under the terms of this act.
This act shall take effect from and after March 10, 1889. Approved, March 14, 1889.
JURORS. AN ACT to amend section ten hundred and seventy-nine, fifth division, compiled statutes of
Montana, relating to the compensatlon of jurors. Be it enacted by the legislative assembly of the territory of Mon
That section tën hundred and seventy-nine, fifth division, compiled statutes of Montana, be, and the same is hereby amended so as to read as follows:
Section ten hundred and seventy-nine: Every juror and witness attending in his own county on any court of record, or before a commission or referee, shall receive for such services and attendance per day three dollars; provided, that no per diem shall be allowed to special jurors summoned who shall not be sworn in the trial of a cause and are not required to remain in attendance on the court. Every juror and witness attending before any probate or justices court in obedience to process issued from such court shall receive for such attendance and service, one dollar and fifty cents per day; provided that no mileage shall be allowed for any distance less than one mile. Approved, March 14, 1889.
JUSTICES OF THE PEACE. AN ACT to provide for the compensation of justices of the peace: Be it enacted by the legislative assembly of the territory of Mon
Sec. 1. Justices of the peace shall receive the following fees for the following services. A fee of one dollar at the commencement of any suit, civil or criminal; issuing summons, one person, twenty-five cents, each additional person. ten cents; subpæna for one person, twenty-five cents, each additional person, ten cents; affidavit on attachment, twenty-five cents, undertaking, fifty cents, and writ of attachment, twenty-five cents; order of arrest, twentyfine cents; attachment for one person, fifty cents, each additional person, twenty-five cents; mittimus, fifty cents; wait of replevin, twenty-five cents; affidavit, twenty five cents, and bond for the same, fifty cents; execution, fifty cents; writ of restitution or re-restitution, fifty cents; venire, fifty cents; warrant of arrest, one person in criminal cases, fifty cents, each additional person, twentyfive cents; order on jailor for one person or persons, twenty-five cents; writ of forcible entry and detainer, or forcible detainer, fifty cent; for any other order required by law, fifty cents; entering adjournment on docket, twenty-five cents; entering judgment twentyfive cenis; discontinuance or satisfaction of judgment, twenty-five cents; transfer of judgment on docket, twenty-five cents; appointing guardian ad litem, twenty-five cents; taking and entering verdict, twenty-five cents; each motion decided by justice, twenty-five cents; making up docket, drawing certificates and affidavits per folio, fiften cents; each oath administered in case, ten cents; certifying depositions, transcript of docket entries, copies of pleadings or writings on file, not otherwise provided, per folio, fifteen cents; filing each paper required by law, ten cents; taking and approving each bond or undertaking, fifty cents; appointing special constable, twenty-five cents; acknowledging deeds or other instruments, each person, fifty cents; taking depositions, per folio, fifteen cents; entering an appeal, twenty-five cents; transmitting papers on appeal to appellate court, fifty cents; performing duties of coroner, same as coroner; marrying and making returns as required by law, five dollars. SEC. 2.
The fees prescribed in section one of this act for justices of the peace shall be the only fees and compensation which may be demanded by or allowed to justices of the peace, and any justice of the peace who shall demand and receive any other or greater compensation whatever than the fees allowed by this act, for the discharge of any official duty, shall be and become answerable to any person injured thereby to the extent of three times the amount so illegally taken and received by said justice to be recovered in an action brought in any court of competent jurisdiction within this territory.
Sec. 3. Every justice of the peace is hereby required to post, in a conspicuous place in his office a written on printed copy of section one of this act, showing what fees he is entitled to, by law; and any justice failing to post such list of fees, shall be deemned guilty of a misdemeanor and on conviction thereof shall be fined in any sum not more than fifty nor less than twenty-five dollars.
Sections nine hundred and forty-two and nine hundred and fifty-seven of the compiled statutes of Montana territory, fifth
division general laws, and any and all other acts and parts of acts in conflict with the provisions of this act be and the same are hereby repealed.
This act shall take effect from and after its passage.
AN ACT concerning the Montana Law Library.
SECTION. I. That in addition to the annual appropriations now provided by law for the Montana law library, there is hereby appropriated the sum of three thousand two hundred and fifty dollars, for the pupose of purchasing such reports and text books and statutes, and other law books, and having the law. library insured as may be deemed necessary and proper for said library by the board of directors. The money hereby appropriated shall be expended under the direction of the board of directors and for the purpose aforesaid only, and said board shall render to the next legislative assembly an itemized account of all reports, text books, statutes, and other law books purchased under the provisions of this act, and the prices paid therefor. Upon presentation of vouchers approved by the chairman of the board of directors for sums expended under this act, the territorial auditor is hereby authorized and directed to draw his warrant for payment thereof upon the territorial treasurer, who shall pay the same out of any monies in the treasury not otherwise appropriated. Section one thousand five hundred and seventeen of the fifth division of the General Laws of Montana, is amended so as to read as follows:
Section one thousand five hundred and seventeen. It shall be the duty of the governor by and with the advice and consent of the legislative council immediately after the passage of this act and biennially thereafter to appoint some suitable person to be librarian of the Montana library, who shall receive a monthly salary not to exceed ninety dollars per month, and shall perform such duties as shall be required by the board of directors; and there is hereby appriated annually for the salary of the librarian the sum of one thousand and eighty dollars, and section one thousand five hundred and thirty-one of the fifth division of the Compiled Statutes of Montana, is hereby modified so as to conform to the provisions of this act.
This act shall take effect from and after its passage.