case before the board, with their decision thereon, and shall file the same, together with the bond and all the papers in the case, in his possession, with the clerk of the district court; and such appeal shall be entered, tried, and determined, the same as appeals from justices' courts, and costs shall be awarded in like manner. Sec. 27. The board of commissioners of their respective counties, shall, at the expense of the county, furnish annually and in due season, to the assessor of the county, suitable blank assessment rolls for the several townships, prepared in accordance with the provisions of law, and shall also provide suitable books and stationery for the use of the county officers of their county, together with appropriate cases and furniture for the safe and convenient keeping of all the books, documents, and papers belonging to each of said officers, and also official seals for each of said officers, when the same are required by law. Sec. 28. The board of county commissioners, at their annual March session, or oftener, if they deem it necessary, shall carefully examine the county orders returned by the county treasurer, by comparing each order with the record of orders in the clerk's office. They shall cause to be entered on said record opposite to the entry of each order issued, the date when the same was cancelled; they shall also make a list of the orders so cancelled, specifying the number, date, amount, and the person to whom the same was payable, and enter the same on the journal of the board. They shall also cause to be cancelled all county orders that have remained one year or more uncalled for in the county clerk's office, the same to be cancelled in the same manner as other county orders. Sec. 29. The boards of commissioners of their respective counties shall cause to be made and published, yearly, in, at least, one newspaper in the county, if such there be, a report of receipts and expenditures of the year last preceding, and the amounts allowed; but if there be no newspaper printed in said county, their statement shall be posted in at least five public places in said county. Sec. 30. If any commissioner shall refuse or neglect to perform any of the duties which are or shall be required of him by law as a member of the board of county commissioners, without just cause therefor, he shall, for each offence, forfeit a sum not less than twenty-five dollars, nor more than one hundred dollars. Sec. 31. Whenever any board of commissioners shall organize new townships, or alter the boundaries of any townships in their county, they shall cause a plat and record thereof to be made by their clerk, specifying the name and boundaries of such township, which plat and record shall be kept in the office of said clerk, and a copy thereof, under the seal of said board, shall be made by said clerk and filed with the proper officer of said township. Sec. 32. It shall be the general duty of the clerk of the board of commissioners: First. To record, in a book to be provided for that purpose, all proceedings of the board. Second. To make regular entries of all their resolutions and decisions, in all questions concerning the raising of money. Third. To record the vote of each commissioner on any question submitted to the board, if required by any member. Fourth. Sign all orders issued by the board for the payment of money, and to record, in a book to be provided for that purpose, the receipts and expenditures of the county treasurer of the county. Fifth. To preserve and file all accounts acted upon by the board, with their action thereon; and he shall perform such special duties as are required by law. Sec. 33. It shall be the duty of such clerk to designate, upon every account which shall be audited and allowed by the board, the amount so allowed; and he shall also deliver to any person who may demand it a certified copy of any record in his office, or any account on file therein, on receiving from such person twentyfive cents for every folio contained in such copy. Sec. 34. Such clerk shall not sign or issue any county orders unless ordered by the board of commissioners authorizing the same; and every such order shall be numbered, and the date, amount, and number of the same, and the name of the person to whom it is issued, shall be entered in a book to be kept by him in his office for that purpose. Sec. 35. The said clerk of each county shall, as often as a new township shall be organized in his county, or the boundaries of any township therein shall be altered, and immediately thereafter, make out and transmit to the secretary of the territory a certified statement of the names and boundaries so organized, and the boundaries of any township, the boundaries of which shall have been altered. Sec. 36. Such clerk shall receive a reasonable compensation for such service as he may perform as clerk of the board; when no specified fees are allowed therefor, the same to be allowed by the board and paid by the county. ARTICLE II. PROBATE JUDGE. Sec. 37. Probate judge in each county hold office two years, execute bond, &c. Sec. 38. Probate judge to keep records; records to be kept open; fees, &c. Section 37. There shall be elected in each county a probate judge, who shall hold his office for two years, and who shall, before he enter upon the duties of his office, execute to the territory of Montana a bond, in the penal sum of five thousand dollars, with two or more sufficient securities, to be approved by the county treasurer and filed in his office, conditioned for the faithful performance of the duties required of him by law, and for the faithful application and payment of all moneys and effects that may come into his hands in the execution of the duties of his office. Sec. 38. The probate judge shall keep a record of all probate business done by or before him, which record shall be open to the inspection of all persons without charge, and he shall receive such fees as are by law allowed him for probate business, and such other compensation as the board of county commissioners may determine Provided, That nothing shall be paid by the county, if the fees and official compensation of such judge shall amount to five hundred dollars per annum. ARTICLE III. COUNTY CLERK. (See post chapter 87.) Sec. 39. County clerk to be elected and give bond. Sec. 40. To be clerk of board of county commissioners and ex officio county auditor. Sec. 41. Clerk to appoint a deputy. Sec. 42. Clerk to keep office at county seat; keep record, &c. Sec. 43. County commissioners to appoint clerk to fill vacancy. Sec. 44. County clerk ex officio recorder. Sec. 45. Recorder to keep index, direct and inverted form of same. Sec. 46. To note date and hour document received for record. Sec. 48. Sec. 51. County clerk not to deliver warrants, except to payer, his agent, assignee, or legal representative. Sec. 39. A county clerk shall be elected in each county of this territory, for the term of two years, and he shall, before he enter upon the duties of his office, execute and file with the treasurer of the county a bond, with two or more sufficient sureties, in the penal sum of not less than five thousand dollars, to be fixed and approved by the treasurer, with conditions, in substance as follows, to-wit: Whereas, the above bounden office of county clerk of was elected to the -day of shall faith county, on the ; now, therefore, if the said fully perform all the duties of his office, and shall pay over all moneys that may come into his hands as such clerk, as required by law, and shall deliver to his successor in office all the books, records, papers, and other things belonging to his said office, then the above obligation to be null and void; otherwise to remain in full force. Sec. 40. The county clerk shall be, in and for his county, clerk of the board of commissioners, and ex officio county auditor. Sec. 41. Every such clerk shall appoint a deputy, in writing under his hand, and shall file such appointment in his office, and such deputy, in case of the absence or disability of such clerk, or in case of a vacancy in his office, shall perform all the duties of such. clerk, during such absence, or until such vacancy shall be filled. Every such clerk may appoint other deputies, and his sureties shall be responsible under his official undertaking for the acts of such deputies. Sec. 42. The county clerk shall keep his office at the county seat, shall attend the sessions of the board of county commissioners, either in person or by deputy, keep the seals, records, and papers of the board of county commissioners, and keep a record of the proceedings of said board, in a book as required by law, under the direction of said board of commissioners. Sec. 43. If a vacancy in the office of county clerk shall occur by death, resignation, or otherwise, the board of county commissioners shall appoint some suitable person to fill such vacancy until a successor shall be elected according to law. Sec. 44. The county clerk shall be ex officio recorder of deeds, and shall have custody of, and shall safely keep and preserve all the books, records, deeds, maps, and papers deposited, or kept in his office, and shall also records all deeds, mortgages, maps, instruments and writing, authorized by law to be recorded in his office, and left with him for that purpose, and shall perform all other duties required of him by law. Sec. 45. Every recorder shall keep a general index, direct, and inverted, in his office; the direct index shall be divided into seven columns, with heads to the respective columns, as follows, to-wit: Time of Names of Names of Nature of reception. grantors. grantees. instrument. Vol. & page. Description. Remarks. He shall make correct entries in such general index of every instrument recorded, concerning or affecting real estate, under the appropriate headings, entering the names of the "Grantors," in an alphabetical form. The general inverted index shall be divided into seven columns, as follows, to-wit: Time of Names of Names of Nature of reception. grantees. grantors. instrument. Vol. & page where recorded. Description Remarks. He shall make, in such general index, correct entries of every instrument required by law to be entered in the general index direct, entering the names of the grantees in alphabetical order; and whenever any bond, mortgage, or other instrument has been released or discharged from record, whether by written release upon the margin of the records, or by recording a deed of release, the recorder shall immediately note in both general indexes, under the column headed "Remarks" and opposite to the appropriate entry, that such instrument has been satisfied. Sec. 46. He shall also keep a recording book, each page of which shall be divided into five columns, as follows, to-wit: |