the treasury the amount received by him within the time prescribed by law, or, having settled an account with the auditor, fails to pay the amount due from him, the auditor shall charge him twenty per cent. damages on the amount due, with interest on the aggregate, from the time the first sum was payable, at the rate of ten per cent. per annum; and the whole may be recovered by an action brought on either such account stated, or on the official bond of the officer; and he shall forfeit his commission; the penal provisions in this being subject to any legal defence which the officer may have against the account as stated by the auditor; but judgment for costs shall be rendered against the officer in the action, whatever be its result, unless he rendered an account within the time mentioned in this section. In those cases where the auditor is authorized to call upon persons or officers for information or statements, or to render accounts, he may issue his requisition therefor to the person or officer called upon, allowing reasonable time, which being served as a notice in a civil action by the sheriff or any constable of the county in which the person or officer called upon resides or exercises his office; and the sheriff or constable shall return the notice to the auditor with the service endorsed thereon, which shall be evidence of the making of the requisition therein expressed. All things pertaining to the auditor's office are at all times open to the inspection of the governor and members of the legislative assembly of the territory of Montana; and to any committee appointed by either house of the legislative assembly appointed to examine the same.

Sec. 10. The auditor shall keep his office at the seat of government, and shall furnish his office with all needful blanks, maps, books, stationery, fuel, and cases for books, etc.

Sec. 11. The auditor shall make a quarterly report of the expenses of his office, specifying each item and to whom paid.

Sec. 12. The auditor shall receive a salary of seven hundred dollars, which shall be paid quarterly out of the territorial treasury: Provided, That any person desires, desiring, more than one warrant to be issued on an account stated for any entire service performed, said auditor shall receive from the person so desiring more than one warrant, the sum of twenty-five cents for each warrant so demanded.

Sec. 13. The auditor shall receive, in addition to his salary, five per cent. of all the warrants issued by him.

Sec. 14. It shall be the duty of the territorial treasurer to keep a book in which he shall enter all territorial warrants presented for payment, which shall bear date subsequent to the thirty-first day of October, A. D. 1867, giving the name of the owner, the number and amount of the warrants; and they shall be paid in the order in which they are presented; and to keep a true account of all money received, and the disbursements thereof.

He shall render his accounts to the auditor for settlement quarterly, or oftener, if required; and he shall also report to the legislative assembly at the commencement of each regular session, the condition of the treasury, and its condition for the preceding

year.

Sec. 15. The treasurer shall quarterly post upon the door of his office, and publish in some newspaper published at the seat of government, a list of all warrants that he may have funds in the treasury to redeem or pay, the payment of which has not been demanded during the quarter last; and from the date of such notice the interest on all such warrants thus posted shall cease; but the treasurer shall hold in readiness such moneys to pay such warrants upon presentation.

Sec. 16. The treasurer shall keep his office at the seat of government, which shall be furnished at the expense of the territory with all needful maps, books, blanks, cases for books, stationery, fuel, etc., necessary; and his books shall be open at all times for the inspection of the governor, the members of the legislative assembly, and to any committee appointed to examine them by either house thereof.

Sec. 17. The treasurer shall make a quarterly report to the auditor of the expense of his office, specifying each item and to whom paid.

Sec. 18. When any amount is paid into the treasury, the treasurer is required to give the person paying, duplicate receipts, stating the funds to which the money belongs, one of which may be kept by him and the other must be delivered to the auditor, in order to obtain proper credit; and the amount shall be charged to the treasurer.

Sec. 19. The treasurer shall receive a salary of seven hundred dollars, which shall be paid quarterly out of the territorial treasury, and, in addition to his salary, shall receive five per cent. on the first twenty-five thousand dollars, and three per cent. on all additional amounts, with the additional sum of twenty-five cents for each warrant registered by him, to be paid by the party presenting the same.

Sec. 20. The auditor and treasurer shall have full access to each other's office for the inspection of all books, papers, and accounts thereof; and to all other offices of the territory for the inspection of all such books as concern their duties.

Sec. 21. They are authorized to administer oaths or affirmations, compelling the attendance of witnesses as in courts of record, in all cases touching the duties of their offices respectively.

Sec. 22. The auditor shall be required to give a bond with two or more sufficient sureties, in the sum of ten thousand dollars, to be approved by the secretary or acting secretary of the territory, before entering upon the duties of his office; and whenever the secretary shall deem his bond insufficient thereafter, the secretary

shall require, and it shall be the duty of the auditor to file one sufficient according to law.

Sec. 23. The treasurer shall be required to give a bond with. two or more sufficient sureties, in the sum of twenty-five thousand dollars, to be approved by the secretary or acting secretary of the territory, which bond may be increased from time to time, or new or additional sureties may at any time be required by the secretary or acting secretary of the territory, or by the legislative assembly thereof.

Sec. 24. That the territorial auditor, treasurer, and superintendent of public instruction, are hereby authorized and empowered to report to the governor at the expiration of their term of office in eighteen hundred and sixty-nine, and the governor is hereby authorized to examine and settle their respective accounts, and cause to be published a full statement of said accounts in some newspaper published at the capital, and transmit a copy of said report to the legislative assembly.

Sec. 25. That the first day of December in each and every year shall be the end of the fiscal year for territorial purposes.

CHAPTER IX.

BILLS OF EXCHANGE AND PROMISSORY NOTES.

AN ACT concerning bills of exchange and promissory notes.

Sec. 1. Inland bills and notes declared negotiable.

Sec. 2. Days of grace.

Sec. 3. Bills and notes falling due on certain days-payable

when.

Sec. 4. Drawers of endorsed bills, when liable.

Sec. 5. Endorsers of bills and notes contingently liable only.
Sec. 6. Presentment and protest necessary to hold endorsers.
Sec. 7. Holders of over-due bills and notes may sue all parties
thereto; transfer to party tendering payment.

Section 1. Inland and foreign bills of exchange and promissory notes are hereby declared to be negotiable obligations in this ter ritory, and collectable by, and in the name of the holders and owners thereof.

Sec. 2. Three days of grace shall be deemed and taken to apply to all bills of exchange and promissory notes maturing within this territory; so that they shall not be deemed to fall due until the third day from and after the day of maturity expressed therein.

386

BILLS OF EXCHANGE AND PROMISSORY NOTES.

But this provision shall not extend to drafts payable at sight, nor to checks for funds deposited in bank, or elsewhere, subject to draft at sight.

Sec. 3. Bills of exchange and promissory notes falling due on Sunday, the fourth day of July, Christmas, or any day set apart by the president of the United States, or the governor of this territory, as a day of public fasting or thanksgiving, shall be deemed to fall due the previous day; and may be prosecuted and protested accordingly.

Sec. 4. Drawers of endorsed bills of exchange shall be primarily liable to the holders thereof, until the same shall be accepted, after which, they shall be deemed only liable secondarily thereon. Endorsers for the drawers of such bills, shall be liable as between the parties thereto, only for the default of the drawers, in the order of their endorsements thereon.

Sec. 5. Endorsers of bills of exchange and promissory notes shall be contingently liable, only until after they shall have been notified of the presentation and non-payment thereof, at maturity, by the person or persons primarily liable for their payment.

Sec. 6. In order to make the contingent liability of any endorser of any bill of exchange or promissory note absolute, it shall be necessary for the holders of the paper to cause it to be presented at the place where, by its terms, it is payable, if any place of payment be therein or thereon specified, and, if no place of payment be specified, then to the person himself who is primarily liable for the payment; and if payment thereof, on such presentation at maturity, be neglected or refused, to cause a written or printed or partly written and partly printed notice of such presentation, demand, and non-payment, briefly describing the bill or note, to be served immediately thereafter upon the endorser, unless the same shall be protested in the usual manner by a notary public; in which case the official certificate of protest of such officer, made on the day of protest, enclosed in letter form, and deposited-postpaid-in the post office, directed to such endorser at his usual place of residence, will charge him in the same manner.

Sec. 7. Holders of over-due bills of exchange and promissory notes may sue all the parties thereto collectively or severally, at his option; but if any of the parties thereto, who are not primarily liable for the payment, shall tender him the amount of principal, interest and costs thereon, he shall transfer the paper; and if a judgment be rendered thereon, he shall assign the judgment to such party so making the tender; and in case of refusal, he may be compelled to do so by summary proceedings, for that purpose instituted, in the district court of the district in which he shall reside.

CHAPTER X.

CLERKS OF COURTS.

(See post chapter 66.)

Sec. 1. Clerks of district and Probate courts to give bonds.
Sec. 2. Bonds may be sued on in the name of territory.

Section 1. The clerks of the territorial district courts, and persons acting as clerks of the probate courts of this territory, are hereby required to execute a bond to the people of the territory of Montana, in the penal sum of five thousand dollars, and an additional amount, if required by the judges of the respective courts, to be approved by the judges of their respective districts, conditioned for the faithful performance of their duties as clerks of said courts, and that they will punctually pay over to the person legally authorized to receive the same, all money that may come into their hands by virtue of said office. The said bond shall be filed in the office of the county clerk.

Sec. 2. The bond so executed by said clerks may be sued upon in the name of the territory of Montana, in any court of competent jurisdiction, to the use of any person or persons aggrieved by any breach of the same.

CHAPTER XI.

CLERKS OF PROBATE COURTS.

Sec. 1. Office of clerk of probate court created.

Sec. 2. Appointment of clerk; but judge may act as clerk.

Sec. 3. Clerk to give bond.

Sec. 4. What fees to receive.

Section 1. That the office of clerk of probate court be, and the same is hereby, created and established for each and every probate court in the territory of Montana.

Sec. 2. The said probate clerks shall be appointed by their respective judges, to hold their office at the will and pleasure of the probate judge so appointing them: Provided, however, That the appointment of clerk shall be optional with the judge in such counties; when the judge does not deem it necessary, he may, and is hereby, authorized to act as ex officio clerk, subject to give such additional bond as is provided in section three.

Sec. 3. The clerk so appointed, or judge acting ex officio clerk