ARTICLE VII. COUNTY SURVEYOR. Sec. 99. County surveyor to be elected; term of office; bond. Sec. 100. May appoint assistants; certificate of, legal evidence. Sec. 101. Duty to execute survey ordered by court. Sec. 102. To keep record of survey. Sec. 103. County commissioners to appoint to fill vacancy. Section 99. A county surveyor shall be elected for the term of two years, who shall give bond to the board of county commissioners, to be approved by the county clerk of the proper county, in the sum of one thousand dollars, conditioned for the faithful discharge of his duties. Sec. 100. The county surveyor may appoint as many assistants as he may think proper, for whose official acts he shall be responsible. The certificate of the county surveyor, or any of his deputies, shall be admitted as legal evidence in any court of the territory, but the same may be explained or rebutted by other evidence. Sec. 101. It shall be the duty of the county surveyor, by himself or one of his deputies, to execute any survey which may be required by an order of any court upon the application of any individual or corporation. Sec. 102. The said surveyor shall keep a correct and fair record of all surveys made by him or his deputies, in a book to be provided for that purpose by the county, which shall be transmitted to his successor in office. He shall also number each survey, progressively, and shall preserve a copy of field notes and calculations of each survey, endorsing thereon its proper number, a copy of which, and also a fair and accurate plat, together with a certificate of survey, shall be furnished by said surveyor to any person requiring the same. Sec. 103. If the office of county surveyor be at any time vacant, the board of county commissioners are hereby empowered to appoint some suitable person to perform the duties of the office until a county surveyor be elected. ARTICLE VIII. COUNTY ASSESSOR. Sec. 104. Elected for one year to give bond and take oath. Sec. 106. Compensation. Section 104. A county assessor shall be elected in each county, at the general election, who shall give bond, with two or more sufficient sureties, in the penal sum of not less than two thousand dollars, for the performance of his duties to the satisfaction of the board of county commissioners, and subscribe an oath or affirmation for the faithful performance of his duties as such assessor, and shall be a qualified elector of said county, and shall hold his office for one year and until his successor is elected and qualified. Sec. 105. When the board of county commissioners shall be of the opinion that such assessor is unable to perform the duties of his office according to law, they may authorize said assessor to appoint one or more deputies, who shall be sworn and give bond similar to the principal himself. Sec. 106. Such assessor and deputy or deputies shall receive from said county such a sum-not exceeding twelve dollars per day, for each day of actual service in the discharge of said duties as the said board of county commissioners may deem right and just. ARTICLE IX. MISCELLANEOUS PROVISIONS. Sec. 107. County offices-where kept; when kept open; books papers, &c., to be kept open for examination. Sec. 108. County officers to take oath and file bond-when. cipal. Sec. 110. Copies of records and files to be evidence. Sec. 111. Officers acting in capacity of others to have same powers and fees. Section 107. Each sheriff, county clerk, county treasurer, county attorney, and probate judge, shall keep his office at the county seat of his county, and in the office provided by the county, if any such has been provided, and if there be none established, then at such place as shall be fixed by special provision of law, or if there be no such provision, then at such place as the board of county commissioners shall direct, and they shall each keep the same open during the usual business hours of each day (Sundays excepted), and all books and papers required to be in their office shall be open for the examination of any person, and if any person or officer shall neglect to comply with the provisions of this section, he shall forfeit for each day he so neglect the sum of five dollars. Sec. 108. Each county or township officer named in this and the succeeding article shall, before entering upon the duties of his office, and within twenty days after receiving official notice of his election or appointment, or within twenty days after the commencement of the term for which he was elected, execute and deposit his official bond, as prescribed by law, and any such officer shall also, within the same time, take and subscribe the oath of office prescribed by law, before some officer authorized to administer oaths, and deposit the same, with his official bond, to be filed and preserved therewith. Sec. 109. Every deputy, appointed to any of said offices, shall, before entering upon his duties under such appointment, take and subscribe to the like oath of office as that required to be taken by the officer appointing him, and shall deposit the same in the office where the bond of such officer is deposited. Sec. 110. Copies of all documents, writs, proceedings, instruments, papers, and writings, duly filed or deposited in the office of any judge of probate, county clerk, or county treasurer, and transcript from books of record or proceedings kept by any of said officers, with the seal of his office affixed, shall be prima facie evidence in all cases. Sec. 111. Whenever any justice of the peace shall be required to act as coroner in any case, or any coroner shall be required to act as sheriff, or any other officer in this territory shall be required to perform any duties belonging to any other officer, he shall, for the time being, have the same powers, in respect to those duties, as are given by law to the officer whose duties he shall perform, and shall be entitled to receive the same compensation for his services. ARTICLE X. JUSTICES AND CONSTABLES. Sec. 112. Number of justices and constables to be elected in each township. Sec. 113. Justices to give bond and take oath. Section 112. That on the first Monday of April next there shall be elected by the qualified voters of each township, which may be organized, by the board of county commissioners, two justices of the peace, one of whom shall be elected for the term of two years, and one for one year, and it shall be so designated on the ballot; also two constables for the same time and in the same manner, and on the first Monday of September annually thereafter there shall be elected, by the qualified voters of each township, one justice of the peace and one constable. The powers, jurisdiction, and duties of the several justices and constables herein provided for, shall be the same as provided by law. Sec. 113. Every justice of the peace, after he has received his certificate of election, shall, before entering upon the duties of his office, be required to execute an undertaking to the territory of Montana, in the penal sum of two thousand dollars, with, at least, two sufficient sureties, who shall certify the same according to law, which said undertaking shall be approved by the county clerk, and, in addition, such justice shall take and subscribe to an oath, or make affirmation to support the Constitution of the United States and the organic act of this territory, and that he will well and truly perform all the duties which may be required of him by law, and which oath or affirmation shall be endorsed upon his official undertaking, which shall be filed with the county clerk. Sec. 114. Every constable elected or appointed, after he has received his certificate of election or appointment, shall, before entering upon the duties of his office, be required to execute an undertaking to the territory of Montana, in the penal sum of two thousand dollars, with two sufficient sureties, and comply with the previous section, as justices of the peace are required by law to do. CHAPTER XXII. DIVORCE. Sec. 1. Causes for divorce not to affect legitimacy of children. Sec. 2. Jurisdiction-practice in cases of. Sec. 3. Residence of one year necessary. Sec. 4. If collusion appear, no divorce decreed. Sec. 5. If charges in complaint denied, tried by jury. Sec. 6. Court may decree alimony and custody of children. Sec. 8. Proceeding as in chancery causes. Section 1. In any case in which a marriage has been or may hereafter be contracted and solemnized between any two persons, and it shall be adjudged in the manner hereinafter provided that either party at the time of their marriage was and continued to be impotent naturally, or that he or she had a wife or husband living at the time of such marriage, or that either party has committed adultery subsequent to such marriage, and that such husband and wife have not lived and cohabited together after having a knowledge of such adultery, or that such husband or wife has wilfully absented himself or herself from such husband or wife without any reasonable cause for the space of one year, or that a husband has wilfully deserted and absented himself from his wife, and departed from this territory without intention of returning, or that either party have been guilty of habitual drunkenness for the space of one year, or been guilty of extreme cruelty, or been convicted of felony or other infamous crime, and such parties have not lived and cohabited together as husband and wife after such conviction, it shall be lawful for the injured party to obtain a divorce and dissolution of such marriage contract; but no such divorce shall in anywise affect the legitimacy of the children of such marriage. Sec. 2. The district court, sitting as a court of chancery, shall have jurisdiction in all cases of divorce and alimony by this act allowed, and the like process, practice, and proceedings shall be had as they are usually had in other cases in chancery, except as hereinafter provided. Sec. 3. No person shall be entitled to a divorce in pursuance of the provisions of this act who has not resided in this territory one whole year previous to filing his or her bill, unless the offence or injury complained of was committed within this territory, or whilst one or both of such parties reside in this territory. Sec. 4. If it shall appear that the injury or offence complained of was by collusion of the parties for the purpose of obtaining a divorce, or that both parties had been guilty of adultery, when adultery is the ground of complaint, then no divorce shall be decreed. Sec. 5. In all cases of divorce, when the defendant shall appear and deny the charges alleged in the complainant's bill, the same shall be tried by a jury; but if the bill is taken as confessed, the court may proceed to a hearing of the cause by the examination of witnesses in open court, or may refer the matter to the master in chancery to take proofs; but any marriage which may have been celebrated in any other state or territory may be sufficiently proved by the acknowledgments of the parties, their cohabitation as husband and wife, or other circumstantial evidence. Sec. 6. When a divorce shall be decreed, it shall and may be lawful for the court to make such order touching the alimony and maintenance of the wife, the care and custody of the children, or any of them, as from the circumstances of the parties and nature of the case shall be fit, reasonable, and just; and in case the wife be complainant, to order the defendant to give reasonable security for such alimony and maintenance, or may refuse the payment of such alimony and maintenance in any other manner consistent with the rules and practice of the court, and may also grant alimony "a pendente lite," and the court may, on application, from time to |