1872, execute and file the bond as above required; and any person so holding the said office of county commissioner, who shall fail, refuse, or neglect to file his bond as above required, shall forfeit his right to said office. And the probate judge of the county in which any person holding the office as aforesaid, who fails or refuses to file the bond, as herein required, shall declare said office vacant, and shall proceed to fill such vacancy by the appointment of some suitable person to fill the same. Any person so appointed to fill such vacancy, shall proceed forthwith to execute and file his bond as herein required, and shall enter upon and discharge the duties of said office, and shall hold the same until his successor is duly elected and qualified.

Sec. 2. It shall be the duty of the county commissioners (in addition to the duties herein prescribed by law), to audit, adjust, and settle all accounts to which the county shall be a party; to order the payment, out of the county treasury, of any sum of money found to be due by the county; to enforce the collection of all moneys due the county; to order suit to be brought on the bond of any delinquent, and require the district and county attorney for the county to commence and prosecute the same; to issue all necessary process to secure the attendance of any person, whether party or witness, whom they may deem necessary to examine, in the investigation of any account or claim against the county; and if any such person, being served with such summons, shall not appear, according to the command thereof, the said board of county commissioners may compel his appearance by attachment; and, in order to procure the exhibition or delivery to them of any accounts, books, documents, or other papers, the said board of county commissioners may issue a summons directed to the person in whose custody or care the said accounts, books, documents, or other papers may be, commanding him to deliver or transmit the same to the said board of county commissioners, which summons shall be served by the sheriff; and if the person named in such summons refuse to appear with, or transmit the accounts, books, documents, or other papers, or show good cause why he does not, at the time appointed for his appearance, the said board of county commissioners may enforce the delivery thereof by attachment; and the said board of county commissioners may examine all parties and witnesses, on oath, touching the investigation of any accounts, and may commit to jail any who shall refuse to answer any lawful question.

Sec. 3. It shall be the duties of the several boards of county commissioners transacting county business in the several counties of this territory, at the regular spring term of their respective sessions in each year, to make out a full and complete statement of the amount of debt due by their counties, and a detailed account of the receipts and expenditures of the same for the pre

ceding year, showing from what officer received, and to what individuals, and on what account any money has been paid; and shall strike a balance showing a deficiency, if any, and a balance in the treasury, if any.

Sec. 4. The facts thus ascertained, and the accounts and statements thus made out, shall be made out in duplicate, one copy of which shall be filed in the office of the county treasurer and one copy sent to the territorial auditor. Said statement shall also be recorded in full in the journal of the proceedings of the board of county commissioners, and shall be published in some newspaper in each county for one week: Provided, If there be no newspaper published in the county, then in some newspaper published in the territory, to be designated by the commissioners, which would be most likely to give notice to the people of the county.

Sec. 5. This act to be in full force and effect from and after its passage.

Approved January 9, 1872.

CHAPTER LXVIII.

COUNTIES AND COUNTY OFFICERS.

AN ACT relating to counties and county officers.

Section 1. The county commissioners of the different counties of this territory may set apart from the county part of the revenue of their respective counties, a certain sum, annually, for the payment of the outstanding county bonds and the interest thereon; provided, that the sum so set apart shall not exceed four mills of the number of mills levied for county tax. Said sum shall be known as the "Sinking Fund," to pay said bonds and interest; and which bonds shall be paid in the order in which they were issued; and whenever a sufficient sum shall have accumulated in said sinking fund, to pay any bond, over and above the sum required to pay the annual interest on the outstanding bonds, it shall be the duty of the county treasurer to post upon the door of his office a notice that there is money in his hands to pay such bond, designating it by the number, date, amount, and the name of the payee; and from the date of such notice the interest on such bond or bonds shall cease; and it shall be the duty of the treasurer to file a true copy of such notice in the office of the clerk of his county; and the clerk shall file and preserve the same in his office; which notice, or a duly authen

ticated copy thereof, shall be prima facie evidence of such posting.

Sec. 2. The county commissioners of each county in the territory are hereby authorized to annually set apart a sum, not exceeding three mills of the number of mills levied for county tax, which shall be known as the contingent fund, and shall be used to defray the incidental expenses of the county.

Sec. 3. If a surplus of the contingent fund, set apart in section 2, remain on hand at the end of the year, said surplus shall be paid out on registered county warrants, in the same manner as other county funds.

Sec. 4. All county clerks are hereby expressly forbidden to issue any county warrant to any person, for any balance due such person on any county warrant paid to the treasurer for taxes.

Sec. 5. The board of county commissioners of the several counties of this territory, shall meet at the county seat of their respective counties, on the first Monday in the months of December, March, June, and September of each year, and may sit not exceeding four days at each term, except the December term, at which they may sit not exceeding eight days; but said boards may at any time, by giving at least five days public notice, call an extra session of not over two days duration.

Sec. 6. The following acts and part of acts, be, and the same are hereby, repealed, as follows: Section eleven of "An act relating to counties and county officers," on folio five hundred of the statutes of eighteen hundred and sixty-four and eighteen hundred and sixty-five; section three of "An act to authorize the county commissioners of the several counties of the territory of Montana to fund the debt of their respective counties," on folio two hundred and thirty-four, of the statutes of eighteen hundred and sixty-seven. An act amendatory of an act, entitled "An act relating to counties and county officers," on folios ninety and ninety-one of the statutes of eighteen hundred and sixty-eight and eighteen hundred and sixty-nine. An act to amend an act amendatory of an act, entitled "An act relating to counties and county officers," on folio sixty-nine of the statutes of eighteen hundred and seventy. An act, amendatory of an act, entitled "An act relating to counties and county officers," on folio seventy-one of the statutes of eighteen hundred and seventy.

Sec. 7. All other acts and parts of acts in conflict with the provisions of this act be, and the same are hereby, repealed.

Sec. 8. This act to take effect and be in force from and after its passage.

Approved January 12, 1872.

CHAPTER LXIX.

COUNTIES AND COUNTY OFFICERS.

AN ACT amendatory of an act entitled "An act relating to counties and county offices," approved February 9, 1865.

Section 1. That section ten of an act, entitled "An act relating to counties and county officers," approved February 9, 1865, be amended to read as follows: At the first election had to choose the first board of commissioners of any county, the person having the highest number of votes shall continue in office three years; the next highest, two years; and the next highest, one year. And annually thereafter, one commissioner shall be elected, and shall continue in office three years. On every election hereafter of county commissioners of any county, where more than one commissioner is to be elected, the person receiving the highest number of votes shall be held and considered elected for the longest term of office to be filled at such election; the person receiving the second highest number of votes shall be held and considered elected for the second longest term; and the person receiving the third largest number, for the shortest term; but if two or more persons have the same number of votes, then their terms shall be determined by lot, under the direction of the board of canvassers returning the election.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved January 12, 1872.

CHAPTER LXX.

CHANGING COUNTY SEATS.

AN ACT to authorize the several counties of this territory to change their county seat on certain conditions.

Section 1. It shall be the duty of the county commissioners of any county of this territory, whenever a petition is presented to them, signed by a majority of the legal voters and tax payers of such county, praying that the county seat of the county be changed to any place named in such petition, to give notice to the people of their county, sixty days before the next general election to be held in such county, that the change named in such petition will be submitted to the voters of such county at such election, and whenever

a majority of the legal voters of the territory, taking as a basis the votes cast at the last general election, shall petition the legislative assembly to change the seat of government of the territory, the legislative assembly shall submit the question of such change to (a) vote of the qualified electors of the territory, at the next general election thereafter.

Sec. 2. The notice required in section one of this act, shall be published in some newspaper in such county thirty days previous to such election (if any such paper be published therein), but if no such paper be published in the county, then by posting written notices in ten public places in such county; one on the door of each post office in such county, and one at the place where the polls are opened, in each precinct in such county.

Sec. 3. At such election, the ballots shall have written or printed thereon, "county seat;" and those voting for a change of such county seat shall have written or printed under such words the name of the place named in such petition, and those opposed to such change shall have written or printed thereunder the name of the place where such county seat may then be, and the place receiving the highest number of votes shall be the county seat of such county.

Sec. 4. This act shall take effect from and after its passage and approval by the governor. Approved January 12, 1872.

CHAPTER LXXI.

DUPLICATE WARRANTS.

AN ACT to authorize the issue of duplicate warrants by the territorial auditor, in certain cases.

Section 1. It shall be the duty of the territorial auditor, at the time of issuing any original warrant or bond, to cause to be written or printed upon, or across the face of such bond or warrant, the word "original," with red ink, in a conspicuous manner.

Sec. 2. the territorial auditor is hereby authorized and empowered, upon satisfactory proof that any original territorial bond, warrant, or coupon has been lost or destroyed, to issue to the owner or holder of such bond, warrant, or coupon, a duplicate thereof, which shall take (the) place in order of registration and payment of such original bond, warrant, or coupon, and shall in all cases supersede and take the place of such original.

Sec. 3. Before issuing such duplicate bond, warrant, or coupon,