the probable amount of revenue derivable from the various sources, and report the same to the legislative assembly of the territory, by which they may be governed in their appropriations, and that every warrant shall be cancelled or paid in its own fiscal year out of the sums in the hands of the treasurer, and that no warrants shall be issued over and above the estimate of said auditor, duly reported to the legislative assembly. Sec. 8. That all territorial warrants issued by the proper authorities of the territory shall draw interest at the rate of ten per cent. per annum, from and after the date of their presentation, until there are funds to pay said warrants in the hands of the treasurer. Sec. 9. The territorial auditor of this territory is hereby forbidden to issue any warrant in favor of any person, drawing upon the territorial treasury for any sum, unless he is authorized by law expressly, in which the name of the party shall be specified, the nature of the service performed, and the amount specified for the performance of such service. Sec. 10. That in case the territorial auditor shall issue any warrant, in favor of any person, contrary to the provisions of the preceding section of this act, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, in any court of competent jurisdiction in this territory, shall be fined in a sum not less than one thousand dollars, nor more than five thousand dollars, to be collected as in other cases provided by law, and shall forfeit all rights to hold or enjoy office in this territory. CHAPTER XXVII. COUNTY FINANCES. (See post chapter 94.) Sec. 1. County commissioners may bond indebtedness. Sec. 2. What interest bonds to draw. Sec. 3. May set apart revenue to pay bonds. Sec. 4. Size of bonds. Sec. 5. Duty of treasurer in taking up warrants. Sec. 6. When bonds redeemable. Sec. 7. County treasurers to enter county warrants presented for payment. Sec. 8. Treasurers, when to pay over to territory, to take dupli cate receipts. Sec. 9 County treasurer to post on door of office list of warrants. Sec. 10. County warrants presented to treasurer for payment. Section 1. That the county commissioners of the different counties of this territory shall have, in addition to the powers already conferred by law, authority to call in, at any time when they shall deem it expedient for the interest of their respective counties, all outstanding orders against the treasury of the county, and may issue bonds, with interest-bearing coupons, payable semi-annually, in lieu thereof. Sec. 2. All bonds that may hereafter issue, under the provisions of this act, shall draw interest at the rate of fifteen per cent. per annum, and no more; said interest to be payable semi-annually by the county treasurers of the different counties out of any moneys in the hand of said treasurer. Sec. 3. The county commissioners of the different counties may set apart from the ordinary revenue of their respective counties, for the payment of outstanding bonds and the interest thereon, a certain ainount annually: Provided, That the sum annually set aside shall not exceed one-fourth of the outstanding bonds, exclusive of interest: And provided, also, That the amount so set aside shall not at any time exceed one-fifth of the revenue of the county. Sec. 4. All bonds issued under the provisions of this act shall be for sums not less than fifty dollars. They shall be signed, countersigned, and issued in the same manner provided for the issuing of county warrants. Sec. 5. It shall be the duty of the county treasurer, upon taking up county orders for the purposes in this act mentioned, to keep a record of the same, to cancel said orders, and to make a report thereof to the board of commissioners at each regular meeting of said board. Sec. 6. The bonds authorized to be issued by this act shall be redeemable at the pleasure of the county any time after three years, and payable within seven years from the date of their issue. Sec. 7. It shall be the duty of the several county treasurers within the territory to keep a book in which they shall enter all county warrants of their proper county presented for payment, in the order in which they are presented, 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. Sec. 8. The treasurers of the several counties of this territory shall pay over to the territorial treasurer every three months all moneys that they have in their hands belonging to the territory. Sec. 9. The county treasurer, at the time of paying over any money to the territorial treasurer, shall take from him duplicate receipts therefor, one of which he shall deposit with the territorial auditor, and retain the other as his voucher on settlement. The county treasurers of the several counties of this territory shall, on the first Monday of every month, post upon the door of their offices a list of all warrants that they have funds in their hands to redeem or pay, the payment for which has not been demanded during the month last passed, and, from the date of such notice, the interest on all warrants thus posted shall cease; and it shall be the duty of such treasurer to file a true copy of said notice in the office of the county clerk of his county, which clerk shall file and preserve the same in his office, which notice, or a duly authenticated copy thereof, shall be prima facie evidence of such posting: Provided, however, That in all cases where county warrants have been posted or advertised, as in this section directed, and not presented for payment within two months from the date of such notice, shall be passed over, and the money in the treasury be paid upon the next warrants in turn according to their number and registration as the law directs, but that such warrants, so passed, shall at any time thereafter take preference for payment upon presentation to such treasurer. Sec. 10. That all county warrants heretofore drawn, or that may hereafter be drawn, by the proper authorities of any county, shall, after having been presented to the county treasurers of the respective counties of this territory, and by them endorsed, not paid for want of funds in the treasury, from and after said date of presentation and endorsement, shall draw interest at the rate of ten per cent. per annum. CHAPTER XXVIII. GUARDIAN AND WARD. Sec. 1. Probate courts to permit minors to make choice of guardian-when. Sec. 2. If minor does not appear and make choice, court to appoint. Sec. 3. When minor having father living and property, court to appoint guardian; when father to be appointed. Sec. 4. Guardians to be allowed to prosecute suit. Sec. 5. Court to take security from guardian; condition of bond. Sec. 6. Court has power to order guardians to give additional security and account. Sec. 7. Court empowered to remove guardian and appoint others and to compel delivery of property. Sec. 8. Guardians have power to sue for, and collect all moneys due ward; to put money out at interest, lease prop erty, &c. Sec. 9. To have power to superintend education of ward. Sec. 10. District court may order sale of real estate on petition of guardian. Sec. 11. Guardian to account, under oath, for all moneys received from real estate. Sec. 12. Appeals allowed in all cases to district court. Sec. 14. Guardians to educate their wards; court to remove guardian for not doing so. Sec. 15. Guardian not to loan money of ward longer than for one year without renewal. Sec. 16. Guardian to be allowed reasonable fees for services. Sec. 17. Every father may, by will or deed, provide for care and tuition of child. Sec. 18. Such will or deed to give person all rights and powers of guardian. Sec. 19. Such person to take the custody and charge of minor and property and bring suit for same. Sec. 20. District court may remove guardian, on complaint, and compel property turned over to successor. Section 1. Courts of probate in their respective counties shall admit orphan minors above the age of fourteen years, the father being dead, to make choice of guardians, and appoint guardians for such as are under fourteen years of age. Sec. 2. Whenever it shall be represented to the said court that any orphan minor above the age of fourteen years has no guardian, it shall be the duty of said court to issue a notification to such minor to appear before said court, at a time therein specified, and choose a guardian, and if such minor refuse or neglect to appear, or appearing shall still neglect to choose a guardian, the said court shall appoint one for such minor, as if such minor was under the age of fourteen years. Sec. 3. When a minor, having a father living, shall be entitled to or possessed of any estate, real or personal, not derived from his or her father, the said court of probate shall notify the father to appear and show cause why a guardian for such minor shall not be appointed, and if sufficient reason be not shown, may appoint the father if he be a proper person, if not, then such other person as the minor, if of the age of fourteen years, may choose. If such minor refuse or neglect, or be not of sufficient age to choose a guardian, the court shall appoint some fit person to be guardian for such minor, and when any person is appointed guardian, other than the father, he shall have the charge and management of the estate, but no control over the person of the minor. Sec. 4. Guardians, by virtue of their office as such, shall be allowed in all cases to prosecute and defend for their wards. Sec. 5. The court of probate shall take of each guardian appointed under this act, bond with good security, in a sum double the amount of the minor's estate, real and personal, conditioned as follows: The condition of this obligation is such, that if the above bondsman, A. B., who has been appointed guardian for C. D., shall faithfully discharge the office and trust of such guardian according to law, and shall render a fair and just account of his guardianship to the probate court for the county of - from time to time, as he shall be required by said court, and comply with all the orders of said court, lawfully made, relative to the goods, chattels, moneys, and estate of such minor, and render and pay to such minor all moneys, goods and chattels, title papers and effects, which may come to the hands or possession of such guardian, belonging to such minor, when such minor shall be thereto entitled, or to any subsequent guardian, should such court so direct, then the obligation shall be void; otherwise to remain in full force and virtue. Which bond shall be taken in the name of the territory of Montana, for the use of such minor, and shall not become void upon the first recovery, but may be put in suit from time to time, against all or any one or more of the obligations, in the name and for the use and benefit of any person entitled by a breach thereof, until the whole penalty shall be recovered thereon. Sec. 6. Courts of probate, in their respective counties, shall have power, with or without previous complaint, by an order duly made and served, to oblige all guardians of minors, from time to time to render their respective accounts, upon oath, touching their guardianship, to said courts for adjustment, and shall have power to compel such guardians to give supplementary security, whenever it shall seem proper, and in default thereof to remove such guardians. Sec. 7. The court of probate, in all cases, shall have the power to remove guardians for good and sufficient reasons, which shall be entered upon the records, and to appoint others in their places, or in the place of those who may die, who shall give bond and security for the faithful discharge of their duties, as heretofore prescribed in this act; and when any guardian shall be removed or die, and a successor be appointed, the court shall have power to compel such guardian so removed, or executors or administrators of a deceased guardian, to deliver up to such successor all goods, chattels, moneys, title papers, or other effects belonging to such minor, which may be in the possession of such guardian so removed, or of the executors or administrators of a deceased guardian, or on any other person or persons who may have the same, and, upon failure, to commit the party so offending to prison until he, she, or they comply with the order of the court. Sec. 8. Guardians shall have the power to demand, sue for, and receive all moneys belonging to their wards from executors or ad |