The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-26

of the Third assembly, the report having
been filed before the acts were passed,
and when the codes are passed they
will, with the addition of the laws of the
Third assembly not contradictory thereto
and the laws of this session, constitute
the statutory law of the state of Montana.
The code of civil procedure provides
that with the summons there should
be served upon defendant a copy
of the complaint and defendant,
when answer is filed. is OBJ
liged to serve q copy upon plaintiffs
attorney; in other respects the provisions
concerning commencement of actions are
practically unchanged. The code estab-
fishes the right of dover and contains no
provisions with regard to community
property. The property of wife Is ex-
empted from debts and liabilities of hus-
band unless for necessary articles pro-
cured for the use and benefit of herself
and her children under the age of Is
years, but to entitle her to such exemp-
ton, she must file an inventory of her
separate property with the county clerk.
The wife may, without consent OF her
husband, convey her separate property or
execute power of attorney for conveyance
thereof.
vides that the innocent party cannot
marry until after the expiration of two
years and the guilty party three years
from the entry of decree of divorce.
The provisions with regard to exemp-
tons are somewhat modified; if the debt
is incurred by any person, his wife or
family, for the common necessaries OF
life, then only one-half of personal earn
ings during the 80 days next preceding
the levy of execution or attachment, is ex-
empt. With regard to homesteads, the
present provision is embodied in the code
that the homestead shall not exceed $500
in value. The code further provides that
when an executive creditor who has levied
upon n homestead which exceeds the
value of $500, makes proper application
to a court, a commission shall be APP
pointed to appraIse the property and
make a finding as to whether or not II
can be divided without material injury.
If it can be so divided the court will order
the division made; if not, the property
will be sold under crler of court, and the
surplus over the 81, 500 shall be applied on
the execution.
If the codes are adopted the Office OF
county auditor will cease and the Office OF
state examiner be created. The duties of
this Office will be multifarious. If there
is anything in the state that he is not re-
qured to examine | think it was omitted
by mistake by the commissioners. 1t
would take a very versatile man to per-
form its duties. He will be required to
examine twice year all books and ac-
counts of the secretary of state, state
auditor, treasurer, attorney general,
superintendent of public instruction,
clerk of the supreme court, district court
clerk, county attorneys. treasurers. as
SCISSORS, clerks, superintendent OF
schools, shcritfs, public administrators,
coroners, surveyors, county commission
ers, all pubic institutions, banks, savings
banks, investment and loan companies,
etc, and must visit all of said officers and
institutions at least twice year. He is
allowed salary or 50 600 a year.
The political code provides fully for
cities and towns and contains a provision
that all cities and towns now existing
either under general or special laws or
charters, shall, on the adoption of the
code. become incorporated un der the pro-
visions of the code. The mayor and alder
men of cities of the second class (popula-
ton less than 500 and moro than 1,500)
shall receive no salary or compensation.
In cities of the first class the mayors sal
airy cannot exceed 5000 per annum, a d
the alderman cannot receive more than
500 per annum. The city attorney can
not receive more than $1,000, and police
Judges $500. Officers of cities and towns
existing at the time of the adoption of the
codes shall remain in office until the next
annual election, and the first Monday in
May next ensuing thereafter. The code
contains many other new provisions with
regard to the government of cities and
towns.
Another change proposed by the codes
which will be of general interest is with
reference to assignments for the benefit
of creditors. There is no statutory law in
force at the present time governing such
assignments, but the code has a complete
chapter on the subject, under the provIs-
ions of which the assignee is virtually an
officer of the court, is required to give
bond and is subject to removal by the dis
trict judge. The assignee is obliged to file
reports and accounts, and the rights of
creditors are generally protected.
There are some changes proposed in
the manner of discovery and location of
mining claims: the locator within 80 days
from posting his notice must sink dis
covery shaft 10 feet or deeper if neces-
sary to show a we'll defined crevice or
valuable deposit and the equivalent of
such work must be done upon placer
claims. The notice of location in addi-
ton to its present requirements must
give the dimensions and location of the
discovery shaft or its equivalent, sunk
upon lodes and placer claims, and must
also contain the location and description
of each corner with the markings thereon.
The revenue law is practically unchanged.
OF course, many of the new features in
the codes may be amended or repealed,
(provided the code is adopted) but its
warmest advocates claim that if adopted
as a whole 1t will require fewer changes
and amendments than do the existing
statutes about which so much complaint
has been heard. The work of the COM
mission has been generally commended
by the bar of the state. The civil code
was taken from the civil code of New
York prepared by David Dudley Field and
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