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First Class. Under Sheriff not to exceed eighteen hundred dollars; each Deputy Sheriff not to exceed twelve hundred dollars; Deputy Clerk and Recorder, not to exceed twelve hundred dollars; uties in Counties Deputy Clerk of District Court not to exceed twelve hundred dollars; Deputy Treasurer not to exceed twelve hundred dollars; Deputy Assessor not to exceed twelve hundred dollars.

Salaries of Dep

of First Class.

In Counties of Second Class.

Second Class Under Sheriff not to exceed fifteen hundred dollars; each Deputy Sheriff not to exceed nine hundred dollars; Deputy Clerk and Recorder not to exceed twelve hundred dollars; Deputy Clerk of the District Court not to exceed twelve hundred dollars.

Third Class. Under Sheriff not to exceed fifteen hundred dollars; each Deputy Sheriff not to ex

In Counties of ceed eight hundred dollars; Deputy Clerk and Re

Third Class.

corder not to exceed twelve hundred dollars; Deputy Clerk of the District Court not to exceed twelve hundred dollars.

Provided, that the whole number of assistants and deputies allowed the County Clerk and Recorder shall not exceed one for each three million or fraction thereof of assessed valuation; Provided, in no county shall the number exceed six deputies. The whole number of deputies allowed the Clerk of the District Court shall not exceed six for counties of the first class, two for counties of the second Limitation as class, and one for counties of the third class; Pro

to Deputies.

vided, further, that the whole number of deputies allowed the Treasurers of the first class shall not exceed one, and one additional deputy during the months of October, November and December, and such other assistants as may be deemed necessary by the County Commissioners; and no deputy shall be allowed Treasurers of the second and third classes. The Assessors in the first class shall be allowed one deputy for six months of the year.

Said additional deputies for the first class shall receive a salary not to exceed one hundred dollars per month during the time of their services.

The number of deputies and their compensation allowed to the county officers within the maximum limits named in this act, shall be determined by the Board of County Commissioners.

The salaries

herein provided for or so much thereof as may be allowed, shall be paid by warrant drawn on the general fund of their respective counties in quarterly installments.

Salaries of Additional Deputies

Board of County Commissioners to control

Number and

Compensation of
Deputies.

Salaries, how

paid.

Receipt and Oath of Deputies

SEC. 5. Before the County Commissioners shall issue a warrant upon the County Treasurer to any deputy or other assistant, for his compensation or salary as prescribed in section 6 of this act, said deputy or assistant shall sign a receipt and verify for Salaries. the same by oath or affirmation attached, which receipt and oath or affirmation shall be in the following form:

....

No......Received of the...... (here recite the county) by (here state name of party receiving salary or compensation)....dollars, in full for (here insert services) for....end.A. D. 189..

services as

ing.

....

... [Name of party receiving same.] I hereby swear (or affirm) that I have rendered the services as herein stated, and that I have received the full sum set forth in the above receipt for my own use, and benefit, and that I have not paid, deposited or assigned, nor contracted to pay, deposit or assign any part of such compensation, for the use of any other person, nor in any way, directly or indirectly, paid or given, nor contracted to pay or give any reward or compensation for any office, or the emoluments thereof.

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And said receipt and oath or affirmation shall be preserved and filed by the County Clerk, and any False Swearing, willful false swearing in connection with the foregoing oath will be deemed perjury and punished as such.

Perjury.

Compensation

of Sheriffs per forming duties

for State or Coun

ty.

SEC. 6. Every Sheriff serving or executing any writ or other process in cases where any county or the State shall be liable for such services, shall receive therefor his actual, reasonable and necessary expenses while in the performance of such duty, and such actual expenses shall be ascertained if a County demand by the County Commissioners, otherwise by the State Board of Examiners, and paid out of the proper treasury, but the same shall not be paid until the Sheriff serving or executing the writ or other process, shall make out a sworn statement in detail of the distance and route traveled, the place of starting, the name of the person or persons served with such writ, or other process; [in?] what cases, if any, writs were charged mileage upon at the same time, and the amount of Sworn State- money actually paid as expenses, with vouchers for the same, and if the County Commissioners or State Board of Examiners, as the case may be, after an examination of the same, shall find that the expenses are reasonable, and the amount stated was actually paid, they may allow the same or any part thereof, in which event the amount so allowed shall be paid out of the proper fund of the proper treasury.

ment of such services required.

SEC. 7. Each Justice of the Peace shall be allowed a fee of one dollar at the commencement of any suit, civil or criminal, and five dollars additional for trying any case, and the same fees as are now, Fees of Just may or hereafter, be allowed by law to Clerks of District Courts for like services; Provided, that not more than ten dollars shall be allowed for all services required by law in the progress of any suit,

ices of the Peace.

including final judgment.

He shall be allowed for

transcript on appeal, or otherwise, twenty cents per folio.

Fees of Con

SEC. 8. The fees of Constables shall be the same as those collected by Sheriffs for similar services, but they shall in no case charge, or be allowed any fee for attendance on the Court, for the entry of any warrant, or subpœna, separate or apart stables. from the fee allowed for a return, nor for the discharge of any prisoner, nor shall he be allowed any mileage for any distance traveled less than one mile.

Penalty for Re

Fees.

SEC. 9. That the fees and salaries in this act provided shall be all the compensation by law allowed such officers, for all services which they are required to or by law can perform as such officers. Any such officers who shall receive any fee, or reward, or salary not specifically provided for by law, shall be liable to the county, State or persons ceiving Illegal paying the same for ten times the sum so paid to such officers, to be recovered by civil action, and shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum 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.

Bills of Sheriffs

SEC. IO. The Sheriffs of the several counties in this State shall in all cases where any county or the State shall be liable for fees for the services of any process, make a detailed statement showing the distance and route actually traveled, the place of against State or the starting, and in what case or cases writs were served or mileage charged upon at such time, and upon failure to exhibit such statement duly verified, the payment for the same shall be refused.

County.

SEC. II. All acts and parts of acts inconsistent

Repealing wih the provisions of this act are hereby repealed.

Clause.

When Act to take effect.

SEC. 12.

This act to take effect and be in force

from and after January 1st, 1892.

APPROVED March 6th, 1891.

NUMBER OF SCHOOL TRUSTEES IN CITY AND
TOWN DISTRICTS.

An Act entitled "An Act to Fix the Number of
School Trustees in Cities and Towns.

Be it enacted by the Legislative Assembly of the State of Montana:

SECTION I. That in all cities and towns within. Number of the State having a population of one thousand and in Cities and upwards, the Board of School Trustees shall consist of seven members.

School Trustees

Towns.

SEC. 2. There shall be elected at the first annual school election after the passage of this act, five Trustees in such districts as provided for by section one, three of whom shall hold office for the term of three years, one for two years and one

Terms of Office for one year; and at each annual election thereafter there shall be elected two Trustees in each of such School Districts, who shall hold office for the term of three years; Provided, that on each third year after such first election three Trustees shall be elected for the term of three years.

SEC. 3.

At each annual school election the bal Ballots for Trus- lots shall show the names of the candidates and the

tees.

When Law to take effect.

length of the term for which they shall be elected.

SEC. 4. This act shall take effect and be in force from and after its passage.

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