for the inspection of the board of county commissioners or any member thereof.

Sec. 9. It shall be the duty of all clerks of courts of record to keep just accounts of all fines, penalties, forfeitures, and judgments rendered, imposed, or accruing in favor of any county, ready at all times for the inspection of the judge of their respective courts.

Sec. 10. The clerks of such courts shall, within ten days after the end of each term of the respective courts of which they are the clerks, certify to the board of county commissioners of said counties the amount of fines imposed and forfeitures incurred at said term, and against whom assessed and by whom incurred, and forthwith deposit said certificate with the clerks of the board of county commissioners of their respective counties, and if any clerk shall fail to comply with this section he shall forfeit and pay to the county not less than ten nor more than one hundred dollars, to be recovered by civil action.

Sec. 11. It shall be the duty of each justice of the peace at each meeting of the board of county commissioners, when not otherwise provided by law, to make out a list of all fines by him imposed to the use of the county, stating therein the name of the officer who has or ought to have collected the same, which he shall certify and deliver to the clerk of the board of county commissioners, who shall charge the same accordingly.

Sec. 12.

This act shall take effect and be in force from and

after its passage.

Approved January 8, 1872.

CHAPTER LXVII.

COUNTY COMMISSIONERS.

AN ACT relating to county commissioners.

Section 1. Each person elected to the office of county commissioner of any county in this territory shall, before he enter upon the duties of his office, execute and file with the probate judge of the county, a bond, with two or more sufficient sureties, in the penal sum of not less than three thousand dollars, to be fixed and approved by the judge of the probate court, conditioned for the faithful discharge of his duties as such commissioner; and all persons now holding the office of county commissioner in any of the several counties in this territory, shall, on or before the regular meetings of their respective boards, in December, A. D.

1872, execute and file the bond as above required; and any person so holding the said office of county commissioner, who shall fail, refuse, or neglect to file his bond as above required, shall forfeit his right to said office. And the probate judge of the county in which any person holding the office as aforesaid, who fails or refuses to file the bond, as herein required, shall declare said office vacant, and shall proceed to fill such vacancy by the appointment of some suitable person to fill the same. Any person so appointed to fill such vacancy, shall proceed forthwith to execute and file his bond as herein required, and shall enter upon and discharge the duties of said office, and shall hold the same until his successor is duly elected and qualified.

Sec. 2. It shall be the duty of the county commissioners (in addition to the duties herein prescribed by law), to audit, adjust, and settle all accounts to which the county shall be a party; to order the payment, out of the county treasury, of any sum of money found to be due by the county; to enforce the collection of all moneys due the county; to order suit to be brought on the bond of any delinquent, and require the district and county attorney for the county to commence and prosecute the same; to issue all necessary process to secure the attendance of any person, whether party or witness, whom they may deem necessary to examine, in the investigation of any account or claim against the county; and if any such person, being served with such summons, shall not appear, according to the command thereof, the said board of county commissioners may compel his appearance by attachment; and, in order to procure the exhibition or delivery to them of any accounts, books, documents, or other papers, the said board of county commissioners may issue a summons directed to the person in whose custody or care the said accounts, books, documents, or other papers may be, commanding him to deliver or transmit the same to the said board of county commissioners, which summons shall be served by the sheriff; and if the person named in such summons refuse to appear with, or transmit the accounts, books, documents, or other papers, or show good cause why he does not, at the time appointed for his appearance, the said board of county commissioners may enforce the delivery thereof by attachment; and the said board of county commissioners may examine all parties and witnesses, on oath, touching the investigation of any accounts, and may commit to jail any who shall refuse to answer any lawful question.

Sec. 3. It shall be the duties of the several boards of county commissioners transacting county business in the several counties of this territory, at the regular spring term of their respective sessions in each year, to make out a full and complete statement of the amount of debt due by their counties, and a detailed ac-count of the receipts and expenditures of the same for the pre

ceding year, showing from what officer received, and to what individuals, and on what account any money has been paid; and shall strike a balance showing a deficiency, if any, and a balance in the treasury, if any.

Sec. 4. The facts thus ascertained, and the accounts and statements thus made out, shall be made out in duplicate, one copy of which shall be filed in the office of the county treasurer and one copy sent to the territorial auditor. Said statement shall also be recorded in full in the journal of the proceedings of the board of county commissioners, and shall be published in some newspaper in each county for one week: Provided, If there be no newspaper published in the county, then in some newspaper published in the territory, to be designated by the commissioners, which would be most likely to give notice to the people of the county.

Sec. 5.

passage.

This act to be in full force and effect from and after its

Approved January 9, 1872.

CHAPTER LXVIII.

COUNTIES AND COUNTY OFFICERS.

AN ACT relating to counties and county officers.

Section 1. The county commissioners of the different counties of this territory may set apart from the county part of the revenue of their respective counties, a certain sum, annually, for the payment of the outstanding county bonds and the interest thereon; provided, that the sum so set apart shall not exceed four mills of the number of mills levied for county tax. Said sum shall be known as the "Sinking Fund," to pay said bonds and interest; and which bonds shall be paid in the order in which they were issued; and whenever a sufficient sum shall have accumulated in said sinking fund, to pay any bond, over and above the sum required to pay the annual interest on the outstanding bonds, it shall be the duty of the county treasurer to post upon the door of his office a notice that there is money in his hands to pay such bond, designating it by the number, date, amount, and the name of the payee; and from the date of such notice the interest on such bond or bonds shall cease; and it shall be the duty of the treasurer to file a true copy of such notice in the office of the clerk of his county; and the clerk shall file and preserve the same in his office; which notice, or a duly authen

ticated copy thereof, shall be prima facie evidence of such posting.

Sec. 2. The county commissioners of each county in the territory are hereby authorized to annually set apart a sum, not exceeding three mills of the number of mills levied for county tax, which shall be known as the contingent fund, and shall be used to defray the incidental expenses of the county.

Sec. 3. If a surplus of the contingent fund, set apart in section 2, remain on hand at the end of the year, said surplus shall be paid out on registered county warrants, in the same manner as other county funds.

Sec. 4. All county clerks are hereby expressly forbidden to issue any county warrant to any person, for any balance due such person on any county warrant paid to the treasurer for taxes.

Sec. 5. The board of county commissioners of the several counties of this territory, shall meet at the county seat of their respective counties, on the first Monday in the months of December, March, June, and September of each year, and may sit not exceeding four days at each term, except the December term, at which they may sit not exceeding eight days; but said boards may at any time, by giving at least five days public notice, call an extra session of not over two days duration.

Sec. 6. The following acts and part of acts, be, and the same are hereby, repealed, as follows: Section eleven of "An act relating to counties and county officers," on folio five hundred of the statutes of eighteen hundred and sixty-four and eighteen hundred and sixty-five; section three of "An act to authorize the county commissioners of the several counties of the territory of Montana to fund the debt of their respective counties," on folio two hundred and thirty-four, of the statutes of eighteen hundred and sixty-seven. An act amendatory of an act, entitled "An act relating to counties and county officers," on folios ninety and ninety-one of the statutes of eighteen hundred and sixty-eight and eighteen hundred and sixty-nine. An act to amend an act amendatory of an act, entitled "An act relating to counties and county officers," on folio sixty-nine of the statutes of eighteen hundred and seventy. An act, amendatory of an act, entitled "An act relating to counties and county officers," on folio seventy-one of the statutes of eighteen hundred and seventy.

Sec. 7. All other acts and parts of acts in conflict with the provisions of this act be, and the same are hereby, repealed.

Sec. 8. This act to take effect and be in force from and after its passage.

Approved January 12, 1872.

572

COUNTY OFFICERS.-CHANGING COUNTY SEATS.

CHAPTER LXIX.

COUNTIES AND COUNTY OFFICERS.

AN ACT amendatory of an act entitled "An act relating to counties and county offices," approved February 9, 1865.

Section 1. That section ten of an act, entitled "An act relating to counties and county officers," approved February 9, 1865, be amended to read as follows: At the first election had to choose the first board of commissioners of any county, the person having the highest number of votes shall continue in office three years; the next highest, two years; and the next highest, one year. And annually thereafter, one commissioner shall be elected, and shall continue in office three years. On every election hereafter of county commissioners of any county, where more than one commissioner is to be elected, the person receiving the highest number of votes shall be held and considered elected for the longest term of office to be filled at such election; the person receiving the second highest number of votes shall be held and considered elected for the second longest term; and the person receiving the third largest number, for the shortest term; but if two or more persons have the same number of votes, then their terms shall be determined by lot, under the direction of the board of canvassers returning the election.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved January 12, 1872.

CHAPTER LXX.

CHANGING COUNTY SEATS.

AN ACT to authorize the several counties of this territory to change their county seat on certain conditions.

of

Section 1. It shall be the duty of the county commissioners of any county of this territory, whenever a petition is presented to them, signed by a majority of the legal voters and tax payers such county, praying that the county seat of the county be changed to any place named in such petition, to give notice to the people of their county, sixty days before the next general election to be held in such county, that the change named in such petition will be submitted to the voters of such county at such election, and whenever