Sec. 12. Whenever any counsellor at law residing in any of the adjacent states or territories may have any business in any of the courts of this territory, he may be admitted on motion for the purpose of transacting such business and none other.

Sec. 13. All public officers, sheriffs, coroners, jailers, constables, or other officers or persons, having in custody any person committed, imprisoned, or restrained of his liberty, for any alleged cause whatever, shall admit any practising attorney at law in this territory whom such person restrained of his liberty may desire to see or consult, to see and consult such person so imprisoned alone and in private, at the jail, or other place of custody. Any officer violating this provision shall forfeit and pay one hundred dollars to the person aggrieved, to be recovered by action of debt in any court of competent jurisdiction.

Sec. 14. No attorney or counsellor at law or solicitor in chancery shall become security in any bond or recognizance of any sheriff, constable, or coroner, or in any bond or recognizance for the appearance of any person or persons charged with any public offence, or upon any bond or recognizance authorized by any statute to be taken for the payment of any sum of money into court in default of the principal, without the consent of the judge of the district court first had, approving said security.

Sec. 15. All attorneys and counsellors at law shall have a lien upon all moneys in their hands, and upon all judgments they may have obtained for any clients for any fees or balance of fees due or to become due, for any professional services rendered by them in any court or courts of this territory; such lien to be deemed to attach from the commencement of such action or the, performance of such services; and shall extend to and include reasonable fees therefor: Provided, That notice of lien claimed upon any judgment shall be filed in the office of the clerk of the court in which the judgment is obtained, or with the probate judge or justice of the peace rendering judgment, within three days after final judgment shall have been entered, and it is hereby made the duty of the clerk of the court, probate judge, or justice of the peace, with whom such notice shall be filed, to endorse on such notice the date of filing, and to file the same with the papers pertaining to the cause. And, in case notice of lien shall not be filed as aforesaid, the lien shall not attach to such judgment.

CHAPTER VII.

DISTRICT ATTORNEYS.

AN ACT creating the office of District Attorney, in each of the organized judicial districts of Montana Territory.

Sec. 1. A district attorney for each organized district.

Sec. 2. To execute and file bond.

Sec. 3. To prosecute in behalf of the people; sign all indict

ments.

Sec. 4. To give opinions to officers and collect recognizances.
Sec. 5. To receive salary in certain fees.

Sec. 6. Fees of district attorney.

Section 1. There shall be a district attorney for each of the organized districts as now established by law. They shall hold their offices for the term of two years, and until their successors are elected or appointed as required by law.

Sec. 2. They shall each, before entering upon the duties of their offices, execute and file with the judge of their respective districts a bond, to be approved by said judge, with one or more sureties, in the sum of five thousand dollars, conditioned that they will well and truly pay over all moneys collected by them as such district attorneys, and for the faithful performance of their duties; which bond shall be forwarded by said judge, and filed in the office of the secretary of the territory.

Sec. 3. They shall be public prosecutors in their respective districts, and shall sign all bills of indictment that may be found by the grand jury, and prosecute and defend on behalf of the people all public prosecutions and civil suits arising in their districts before the supreme and district courts, wherein the people of this territory are a party.

Sec. 4. They shall, when required by any member of the grand jury, give their opinion to them on any matter of law pertaining to their duties as grand jurors, and shall be the legal advisers of territorial, county, and township officers, and shall, when requested by any territorial, county, or township officer, give to them their opinion on any matter of law pertaining to their duties, without fee or reward. They shall also prosecute on behalf of the people all forfeited recognizances, and shall receive ten per centum of all moneys collected, and ten per cent. on all forfeited bonds and recognizances and undertakings wherein the people are a party, or necessarily involved in the action.

Sec. 5. They shall receive an annual salary of fifteen hundred

dollars, payable quarterly, out of the territorial treasury, out of any moneys not otherwise appropriated, upon an order drawn upon the territorial treasurer by any judicial district judge of their respective districts. They shall be entitled to the following fees, to wit: For every conviction of felony where the punishment is death, fifty dollars; for every conviction of felony where the punishment is other than death, twenty-five dollars; and for every misdemeanor the sum of fifteen dollars; payable out of the county treasury where the offence shall have been committed, as other moneys are drawn and paid out of said treasury.

Sec. 6. The district attorneys of the several judicial districts. of this territory are hereby anthorized to appoint deputy prosecuting attorneys in each county (of their respective districts), whose duty it shall be to prosecute all preliminary examinations in criminal cases and misdemeanors in said counties, and shall receive such fees as are allowed by law for such services; but in all cases where the prosecuting attorney of the district can (do so) it shall be his duty to be present in person at the final trial in

court.

CHAPTER VIII.

TERRITORIAL AUDITOR AND TREASURER.

AN ACT defining the duties of Territorial Auditor and Territorial Treasurer of the Territory of Montana.

Sec. 1. Auditor to issue no warrants without express authority. Sec. 2. Auditor to keep record of warrants and report to the

legislature.

Sec. 3. To furnish collectors of counties with blanks.

Sec. 4. Auditor to prosecute all delinquent collectors or debtors. Sec. 5. To audit all claims against treasury.

Sec. 6. To be custodian of books, records, and property of the

territory.

Sec. 7. To furnish the governor with information regarding

revenue.

Sec. 8. Shall report to the legislature state of revenue and income; guilty of misdemeanor for not reporting. Sec. 9. Auditor and treasurer to perform all duties required by law; auditor to state amount against delinquents

and keep office open to governor and legislature.

Sec. 10. Keep office at the capital.

Sec. 11. Auditor shall make quarterly report of expenses.
Sec. 12. Auditor to receive salary and certain fees.
Sec. 13. Additional compensation.

Sec. 14. Treasurer to pay warrants on order presented and render quarterly accounts.

Sec. 15. List of warrants ready for payment to be posted on door of office.

Sec. 16. Treasurer to keep office at seat of government and open to governor and legislature.

Sec. 17. To make quarterly reports.

Sec. 18. To give receipts for money paid in.

Sec. 19. Salary of treasurer.

Sec. 20. Auditor and treasurer to have access to each other's

offices.

Sec. 21. Authority to administer oaths by auditor and treasurer. Sec. 22. Auditor to give bond; approval of same.

Sec. 23. Treasurer to give bond; approval of same.

Sec. 24. Auditor, treasurer, and superintendent of public instruction, to report to governor.

Sec. 25. End of fiscal year.

Section 1. That the auditor of the territory shall issue no warrants drawn upon the territorial treasurer in favor of any person, without express authority of law, and then shall specify the name of the party, the service performed for which the same is issued, with the amount and number of the warrant.

Sec. 2. The auditor shall keep a record of all warrants issued by him, and shall report to the legislative assembly of the territory, at the commencement of each session thereof, the number and amount of warrants issued by him, and under what law the same have been issued.

Sec. 3. The territorial auditor shall furnish the collector of each county or district with blank licenses and receipts for money collected or to be collected, subscribed by himself, taking the collector's receipt of the counties for the same.

Sec. 4. He shall direct prosecution in the name of the territory against all delinquent collectors of the territorial revenue, and against all debtors of the territory, or persons being in possession of the public funds, money, or property, who may neglect or refuse to pay or deliver the same to the proper officer.

Sec. 5. He shall audit all claims against the treasury, and when the law recognizes a claim, but no appropriation has been made therefor, shall settle the claim and give the claimant a certificate thereof, and report the same to the legislative assembly.

Sec. 6. He shall be the custodian of, and shall keep all books, papers, records, documents, vouchers, and all conveyances, leases, mortgages, bonds, and other securities appertaining to the fiscal affairs and property of the territory, which are not required by law to be kept in some other office; and to have charge of all

other property of the territory where no other provision is made by law for its custody.

Sec. 7. He shall furnish to the governor, on his requisition, information in writing upon any subject connected with his office, and suggest to the governor, or to the legislative assembly, plans for improvement and management of the public revenue and property.

Sec. 8. He shall report to the legislative assembly, at its regular session in this territory, and at such other times as it may require, a complete statement of the revenue, funds, income, taxable property, and other resources of the territory, and of the property of the territory known to his office; and of the public revenue and expenditures of the territory since his last report, up to the Monday immediately preceding each regular session, with a detailed estimate of the expenditures to be defrayed by the treasury for the ensuing year, specifying each object of expenditure, and distinguishing between such as are provided for by appropriations, and such as are by law required to be provided for, and the amount of probable deficiency of any former appropriations. He shall make a full detailed statement of all expenditures, claims, and demands by him audited and allowed; and shall, in his report, give separately the items and claims of each and all persons in whose favor he has audited any demand, and under what law allowed, and the date of the allowance. In case any auditor or treasurer shall fail or refuse to make his settlement or statement at the time and in the manner required in this act, he shall be deemed guilty of a misdemeanor; and if he shall still refuse to settle, upon being requested by the legislative assembly, it shall be the duty of the president of the council to issue his warrant for the apprehension of such auditor or treasurer, and cause them or either of them to be brought before the council to show cause why he refuses to comply; and the president, if proper cause is not shown, may commit him or them to the territorial prison until he or they shall make such settlement.

Sec. 9. The auditor and treasurer shall perform all other duties which may from time to time be required of them by law, and if any officer who is accountable to the treasurer in respect to any money or property neglects to render his accounts to the auditor within the time prescribed by law, or if no such time be prescribed by law, then within twenty days after he be required so to do by the auditor, the auditor shall state an amount against him from the books of the auditor's office, charging ten per cent. damages on the whole sum appearing due, and interest at the rate of ten per cent. per annum on the aggregate from the time when the account should have been rendered; all of which shall be recovered by an action brought on such account stated, or on the official bond of the officer. If any such officer fails to pay into