The Bozeman weekly chronicle., 1888-01-25

missioners bv the officers mentioned
therein, for all fees, etc, receivable by
them for any services rendered in their
Offices during the preceding quarter.
Sec. J36 provides for the payment into
county treasures, at the end of each
quarter, by each of these Officers, of all
fees collected by them during such pre-
ceding quarter; Sec. 93S, mentions this
money as being due upon the settlement
which the act evidently contemplates
shall be made at the end of every quar-.
ter, Sec. $50 provides that the official |
bond of any of the officers named in the |
act, shall be liable for any violation by |
him of any of the provisions of the act,
and for his faithful performance ofall
the duties by it required.
Among these duties, is the payment Of
all moneys due from him. upon settle
ment with the county commissioners,
into the county treasury. Taking into
consideration the tenor of the whole act,
it is evident that the phrase "as well as"
taken in connection with the term
also" means that in addition to the
liability of the sureties upon the bond,
for any money found to be due upon
settlement with the county commission.
ers, under the act it shall also bo liable
to the forfeiture and fine, to which the
officer shall be subjected upon conviction
for any Of the causes mentioned in this
section. But indictment and conviction
are not precedent to render the sureties
liable, on the bond of the officer, for
money found to be due the county upon
the quarterly settlement with the COM
missioners.
Our next inquiry will be directed as
to whether or not the facts contained in
the pleadings warrant the judgment OF
the court rendered upon the motions for
the Judgment therein and the first
question here presented is in relation to
the liability of the suretics upon the
bond. The appellant, Carson, entered
upon the duties of his office as probate
judge of Gallatin county on the goth day
of December, 1896, and his official bond
was approved and filed on the 14th day
of December, 1885. This action was in
stituted under what is generally known
as the salary law to recover from the
appellant Carson and the sureties upon
the foregoing bond certain sum found
by the county commissioners to bo due
from him OH settlement for certain
money which was collected and received
by him as probate judge, for official ser
vices rendered by him between the 10th
day of December, 1886, and the LIST day
of September, 1887. This salary law
provides for salary 10 be paid
yearly to the probate judge of Gallatin
county and provides also that it is the
true interest of this act to limit the
maximum annual compensation from
every source to be paid to the probate
judge the sum named therein, namely
eighteen hundred dollars.
The defense is, substantially, that the
appellant Carson received the above sum
under the act of the legislative assembly
approved March 5th, 1887, in relation to
bounties for killing certain animals, in
payment for his services and expenses
in tie premises. There are other mat
teis set forth by way Of defense, but
they relate to and depend upon the de-
termination of this question which in
wolves construction of the salary Law
above referred TO-, and the foregoing
statute in relation to bounies on certain
animals, and a previous statute upon th'
same subject which WAS amended there
by. This last named statute and tn,
salary law were laws existing and il
force at the time of the execution Of tn
bond. and when the appellant Carsol
:. entered upon the duties OF his Office a
probate judge. The former related +
bonnties upon bears, mountain lionI
wolves and coyotes, which should there
. after be killed or caused to be killed Il
the territory Of Montana and making
the duty of the probate judges or justice
OF the peace in the county where sue
animals were killed to issue certificate
for such bounty to anyone SO killing an
y ofsaid animals and exhibiting to him tn
: skin thereof after performing certai
J acts in relation thereto for the prevent,
l tion of fraud. The amendment of tb
law, which was enacted while the appe
liant Carson was incumbent Of the ofiic
of probate judge, of said county,. an
under the provisions Of which he claim
the money sued for under tLis actiol
e extends the list of animals for the KILN
/. of which bounty was TO be paid, tc ii
), clude prairie dogs and ground squirrel
t and providing among other things ft
the destruction of the skins Of these la
named animals after being presented
him, by the Justice Of the peace or I'll
prrbate Judge.
Bonds of the character OF one at ba
will be presumed to have been execu
! edin contemplation ofthe law in relation
t to the duties and obligationso the pril
cipal, as it existdd at the time of its exec
1t tion. The bond in suit, therefore, wi
8. be presumed to have been executed
n view of both the salary law, and I'll
q statute in relation to the bounties f
r the killing of certain animals which g!
= listed at the time it was executed. Thei
d laws entered upon and formed part
e the contract. If there had been n
d laws existing at the time of the exec
q tion of the bond, in relation to the.
~ s..UF oh