litem, twenty-five cents; taking and entering verdict, twenty-five cents; each motion decided by justice, twenty-five cents; making up docket, drawing certificates and affidavits, per folio, twenty cents; each oath administered in case, ten cents; certifying depositions, transcript of docket entries, copies of pleadings, or writings on file, not otherwise provided, per folio, twenty cents; filing each paper required by law, ten cents; taking and approving each bond or undertaking, fifty cents; appointing special constable, twenty-five cents; appointing appraiser, twenty-five cents; certified copies of appraisement, twenty-five cents; acknowledge deeds or other instruments, each person, fifty cents; taking depositions per folio, twenty cents; entering an appeal, twenty-five cents; transmitting papers on appeal to appellate court, twenty-five cents; for performing duties of coroner, same as coroner, trying each case, two dollars; marrying and making returns as required by law, ten dollars; issuing commission to take testimony in any civil case, one dollar.

Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed.

Sec. 3. This shall take effect and be in force from and after its passage.

Approved May 1st, 1873.

ors established.

FEES.

AN ACT to establish and regulate the fees of assessors, coroners, and other officers in the Territory of Montana.

Be it enacted by the Legislative Assembly of the Territory of Montana :

Section 1. That the assesssors of each county Fees of assess- shall be entitled to receive from their respective counties, as fees, a per centage of the assessed valuation returned by them (subject to all reductions made by the board of equalization) of not less than one-half of one mill on the dollar, nor more than one and one-half mill on the dollar, as the board of county commissioners, in the respective counties, may deem just.

Fees of coroner.

Fees of notary public.

And the above officers shall receive no other compensation than is above specified.

Sec. 2. That the fees of coroner shall be as follows:

For each day on inquest, five dollars; for all other services, the same fees as are allowed by law to other officers for like services.

Sec. 3. That the fees of notaries public shall be as follows:

For noting a bond, bill of exchange, or promissory note for protest, one dollar; for each protest and record of same, one dollar; for each notice of protest, one dollar; for each certificate and seal, one dollar; for all other cases the same as allowed to justices of the peace for like services.

Sec. 4. That all acts and parts of acts conflicting Acts repealed. With this act be, and the same are hereby, repealed. Sec. 5. That this act shall take effect and be in

force from and after its passage.

Approved May 2d, 1873.

FEES.

AN ACT to regulate and establish the fees of probate judge and clerk thereof.

Be it enacted by the Legislative Assembly of the Territory of Montana:

Section 1. The judge of the probate court shall receive the following fees in probate matter:

probate court established.

For appointing executors, administrators, guardi- Fees of judge ans, or trustees, one dollar and fifty cents; for and clerk of granting letters testamentary or of administration, affixing seal thereto, and recording the same, one dollar and fifty cents; administering oath to each executor or administrator, twenty-five cents; for each certificate, one dollar; taking proof of a codicil, credit proved substantially, two dollars and fifty cents; endorsing certificates of probate on codicil, thirty cents; recording any will, codicil, or other paper not herein otherwise provided, per folio, twenty cents; examining and approving each inventory, sale bill, or account current, filed by executor or administrator, two dollars and fifty cents; entering the settlement of executors and administrators on the order book, two dollars; each copy of the settlement of executors or administrators with certificate and seal, one dollar and fifty cents; for each decree limiting the time for exhibiting the claims of creditors, fifty cents; for each order of distribution, seventy-five cents; for copies of exemplifications of records, per folio, twenty cents; official certificate and seal, one dollar; making out an order for publication, fifty cents; for allowing an appeal to district court, forty cents; for issuing each special writ or summons with seal, one dollar and fifty cents; for administering oath to each witness, twenty-five cents; for swearing any person to affidavit and certificate thereof, fifty cents; issuing

Acts repealed.

subpoena under seal, one dollar; enter each order, decree of judgment, seventy-five cents; filing paper belonging to the settlement of any estate, twenty-five cents; issuing letters of guardianship or trusteeship, one dollar and fifty cents; taking and approving bond of guardianship or trustee, one dollar and twenty five cents; taking any bond not hereinbefore specified, one dollar; revoking letters testamentary, guardianship, or trusteeship, one dollar; swearing each jury, forty cents; taking acknowledgments of instruments of writing, one dollar; every original writ under seal not otherwise provided for, one dollar and fifty cents; precept for jury, one dollar; taking verdict, forty cents; allowing or disallowing demand against an estate, two dollars; every continuance, fifty cents; deciding each motion, fifty cents; solemnizing marriages, ten dollars; for all civil cases and other than probate matters, the same fees as are allowed to clerks of district court in similar cases; for trying each case, three dollars.

Sec. 2 All acts and parts of acts in conflict herewith are hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its passage and approval by the governor.

Approved May 3d, 1873.

FEES.

AN ACT to establish and regulate the fees of district attorneys and other officers in the Territory of Montana.

Be it enacted by the Legislative Assembly of the Territory of Montana:

Section 1. That the district attorneys of each of

attorney estab

the judicial districts established by law shall be en- Fees of district titled to demand and receive for services performed lished. by them the following fees:

For collections for territory or county, on all sums under five hundred dollars, ten per cent; on all sums over five hundred dollars, five per cent; for conviction of misdemeanor, when the attorney appears in person or by deputy, ten dollars; for conviction of felony twenty dollars; for conviction in capital cases, one hundred dollars; for per diem for each day necessarily employed in attending causes on change of venue, ten dollars; docket fees in all civil cases not above specified, where the district attorney is required to defend or prosecute in the district court, fifteen dollars; mileage for every mile necessarily and actually traveled to attend district court, to be paid out of territorial treasury, upon the certificate of the judge of district court, twenty cents; salary per annum, payable quarterly out of the territorial treasury, out salary of disof any moneys not otherwise appropriated, one thousand dollars; for drawing each indictment, ten dollars: Provided, That no fee shall be allowed for drawing any indictment that may be quashed. The above fees to be taxed as costs in cases.

trict attorney.

Salary of coun"ent of schools.

Sec. 2. That the county superintendent of common schools shall be entitled to receive a salary of not less than a sum equal to (75) seventy-five cents, ty superintend nor more than ($1.50) one dollar and fifty cents for each school census scholar in his county, as may be deemed proper by the county commissioners, and reasonable traveling expenses, not to exceed ten dol