The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-01-30
COUNTY ATTORNEY.
A Bill for An Act. Creating the Office.

Introduced in the House by Mr.. Forbis.
SECTION /. Be 1t enacted by the Legisls-
| tive Assembly Of the Territory of Montana:
That the once OF County Attorney be, and
the same Is hereby, created, and at the next
| general election to be held In the Territory
| Of Montana and every two years thereafter,
there shall be elected in each county in the
Territory, one County Attorney, who shall
hold his Office for the term Of two years, and
until his successor Is elected and qualified.
SEC. 2. Each County Attorney before en-
tering upon the discharge Of the duties OF his
Office, shall execute to the Territory Of Mon
tana q bond in the sum Of two thousand five
hundred dollars with two or more sufficient
surities, to be approved by the County Com.
missioners of the county for which he is
elected, and filed in the Office of the County
Recorder, and conditioned for the faithful
performance of the duties of his office. Said
County Attorneys shall also take and sub
scribe the oath of Office prescribed by law
for other county officers.
SEC. 8. 1t shall be the duty of each County
htsoihOJ5 ah tOoPSSbi'o SooheJ1 W oi6a
all bills of Indictment that may be found by
the Grand Jury, and to prosecute and de-
fsnd on behalf of the people all public pros
ecutions and civil actions arising In his
county, before the Supreme, District, and
Probate Courts, wherein the Territory of
Montana or the county in which he is elect
ed is q party; he shall also, when practicable,
appear on behalf of the people AMI prosecute
oil criminal proceedings in the Justice
Courts of his county. He shall when re
quired by any grand juror give his opinion
on any matter of law pertaining to the duties
of grand jurors, and shall be the legal adviser
of Territorial, County and Township officers
and shall when requested by any of such Of
fcers give his opinion on any matters Of law
pertaining to their duties without fee or COM |
pensation, and he shall prosecute all actions |
and proceedings for the forfeiture of bonds, |
undertakings and recegnizances wherein the |
county or Territory Is party, or the inter- |
ssts Of the County or Territory are involved.
SEC. 4. The County Attorney shall re-
ceive. IS compensation for his services Is
County Attorney, An annual salary of six
hundred dollars, one-half thereof payable
semi annually, which shall be paid out Of
the Territorial Treasury, and the Auditor of
the Territory is hereby authorized and re-
suired to draw his warrant for such sum, as
provided In favor Of each
County Attorney in this Territory.
Sec. 5. In addition to the salary provided
In Section of this act, the County Attorney
shall receive from the County Treasury of
The county In which be is elected, upon the
allowance Of the Board of County Commits
,ioners, the following fees, to-wit:
For collections made for the county or
Territory on all sums Of $500 or less,
.en per cent. thereof; on all Gums over five
hundred dollars, ten per cent. Of the first
i've hundred dollars, and five per cent. of the
excess over five hundred dollars; for each
In case of misdemeanor, five dol
ars; for each preliminary examination, five
dollars; for each criminal trial conducted
BY him in the District Court, ten dollars, ex-
.ept capital cases, for which be shall receive
wenty live dollars; for drawing each In
lictment, FIVE dollars.
Proridcd, No fee shall be allowed for
Irawing any indictment which may be
uashed or Is from any cause held to be de-
ective. All fees In this section hsreinbefore
rovided shall be taxed Is costs. In addi-
lon TO the foregoing fees the County Attor-
icy shall receive twenty cents for each mile
raveled in going TO and returning from the /
uprene Court, and shall receive twenty ,
ve dollars for each case tried BY him In the
upreme Court. All fees In this Section
rovided shall be paid by warrants drawn on
be general fund of the county. :
Prorided, further, That in no case shall ,
Ne fees allowed by the Section (not to in 1
Jude mileage,) exceed In amount the sum
one thousand dollars In any county, and
10 County Attorneys shalt furnish to the
ounty Commissioners statement Of all
'es received BY him, which together with 9
70 fees allowed by the County Commission d