WHEREAS, There has passed the legislative assembly of theterritory of Montana "An Act encouraging the Northern Pacific railroad in the territory of Montana," as also "An Act to enable the people of the territory of Montana to aid in the construction of a railroad;" and

WHEREAS, The proposition to aid in the construction of each of said railroads are provided in each of said enactments to be submitted to a vote of the people of said territory. Therefore,

Be it Enacted by the Legislative Assembly of the Territory of Montana :

Sec. 1. That at the election provided for in each of said enactments, to-wit: "An Act encouraging the Northern Pacific railroad in the territory of Mon. tana," and "An Act to enable the people of the territory of Montana to aid in the construction of a railroad," there shall be provided at each voting precinct in the territory of Montana at the election to be held at the times provided in each of said enactments, two separate ballot boxes, in each of which each elector who shall be entitled to vote at said election and shall vote thereat, shall have the right to cast one ballot in each of said ballot boxs, so provided as aforesaid. One of the said boxes shall contain all the votes cast at said election under and in pursuance of the provisions of "An Act encouraging the Northern Pacific railroad in the territory of Montana," and the other of said ballot boxes shall contain all the votes cast at said election under and in pursuance of the provisions of "An Act to enable the people of the territory of Montana to aid in the construction of a railroad," and the ballots so cast shall be kept separate and shall be canvassed by the judges of election in the several

voting precincts separately, and upon separate tallylists; and the returns made by the judges of election at the precincts aforesaid shall be made upon separate papers, and kept and returned separately and certified to separately as provided by law, and shall be canvassed separately by the several boards of canvassers required by law to canvass the same in a manner provided therefor in the two several enactments herein before referred to.

Sec. 2. This act shall take effect and be in force from and after its passage. Approved February 11th, 1876.

FEES.

AN ACT prescribing the fees of the clerks of the district courts in the several counties of the territory.

Be it Enacted by the Legislative Assembly of the Territory of Montana:

Sec. 1. The clerks of the district courts of the Fees of clerk of

district court

several judicial districts of this territory shall be en-established. titled to receive for their services as such clerks the fees hereinafter prescribed, and none other: For a docket fee on the commencement of an action, to include the filing of all papers, all necessary register and journal entries, all indexes and entries of attorneys, two dollars and fifty cents. For filing transcript on appeal from probate or justice's court, and all accompanying papers, including all necessary register and journal entries relating thereto, and all indexes and entries of attorneys, two dollars. For filing and entering transcript of judgment from probate court or justice's court, and docketing and indexing the same, one dollar. For issuing each summons, writ of attachment, venire, or other writ not herein specially provided for, seventy-five cents. For

issuing each subpoena, to include all the names mentioned in the precipe therefor unless otherwise directed by the party requiring the same, for the first name, fifty cents; for each additional name, ten cents. For issuing each writ of injunction, quo warranto or mandamus, one dollar and fifty (cents). For issuing each warrant in a criminal action, each execution, writ of habeas corpus, certiorari, or procedendo, or dedimus to take depositions, one dollar. For each attachment for defaulting juror or witness, fifty cents. For each copy of a decree or order of sale, per folio of one hundred words, for each folio, twenty cents. For swearing and empanelling a jury, to include all necessary orders, or entries of record, or other services relating thereto, in a civil action, one dollar and fifty cents; in a criminal action, three dollars. For swearing and empanelling each grand jury, to include necessary orders, entries of record, and other services, relating thereto, one dollar and fifty cents. For swearing each witness, officer, or person other than a juror or grand juror, on the trial of a cause or other proceeding in court, and all orders and entries relating thereto, twentyfive cents. For entering each order, ruling or proceeding of court not herein otherwise specially provided for, to include all necessary entries and indices relating to the same: Provided, however, that all orders, entries, and proceedings, on the hearing or trial of a cause, coming under the same heading and relating to the same subject matter be charged for as one order, and not separately-for each folio of one hundred words, twenty cents. For rendering accounts of jurors and witnesses to the board of county commissioners, for each juror or witness, ten cents. For filing each pleading or other paper not provided for in the first three items of this fee bill, to include all necessary entries and indexes relating thereto, twenty cents. For taking

and approving each bond, seventy-five cents. For entering default, whether of one or more defendants: Provided, That but one entry of default shall be charged for in any case, one dollar. For entering each cause on both bar and judge's calendar at each term of court, twenty-five cents. For arraignment of each prisoner, fifty cents. For receiving and entering each verdict of a jury, fifty cents. For entering each final judgment, seventyfive cents. For copies of judgment and all necessary orders and rulings to be filed with judgment roll, for each folio of one hundred words, twenty cents. For making and certifying judgment roll, one dollar. For entering each decree, for each folio of one hundred words, twenty cents. For each docketing judgment or docketing deficiency on return of order of sale or execution unsatisfied, fifty cents. For taking affidavit to any instrument of writing, and affixing jurat thereto, except as herein otherwise provided, twenty-five cents. For certificate and seal, except as herein otherwise provided, one dollar. For copy of any pleading, paper or record, to be paid for by party demanding same, for each folio of one hundred words, twenty cents. For taking acknowledgment of conveyance or other instrument of writing, whether of one or more parties, one dollar. For taking and recording declaration of intention to become a citizen, with certified copy thereof, and including all necessary affidavits, filings, indexes, and entries, two dollars. For issuing final naturalization papers, including all necessary affidavits, filings, indexes and entries, three dollars. For making report in each case referred to clerk, one dollar and fifty cents. For making transcript on appeal to the supreme court, including all indexes, for each folio of one hundred words, twenty cents. For keeping accounts of jurors and witnesses, making and certifying affidavits to same,

Fees above established to in

vices.

for each juror or witness, thirty cents. For searching the files and records in his office, but in no case to be charged against parties or attorneys in any cause pending, twenty-five cents. For entering of record all indictments, recognizances, or other papers required by law to be recorded, and not in this act provided for, for each folio of one hundred words, twenty cents.

Sec. 2. The fees above provided for in civil and clude all ser- criminal cases shall be held to include compensation to said clerks for all other services of every kind required of said clerks by law to be performed in the cases in which said fees are paid, and said clerks shall not demand or receive any fees for any services in such cases other than the fees in this act prescribed, but they shall perform all the duties required of them by law, without any other fees or compensation than that herein specifically mentioned.

Clerk demanding or receiving.

in this act giv

or.

Sec. 3. Any clerk of the district court demandother fees than ing or receiving for his services any other or greater en, or neglect- fees than those in this act specifically mentioned, or ing duty, guilty of misdemean- demanding or receiving fees as such clerk for any other services than those for which fees are in this act provided specifically, or refusing or neglecting to perform any services required of him by law, on payment of the fees for such services, or without pay, where no fee is in this act provided, shall be deemer guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars. And offenses under this act may be presented by indictment, and the district court of the proper county shall have jurisdiction thereof. And in addition to the above penalty, the said clerk shall be adjudged, upon motion filed in the district court of the proper county, to pay the party aggrieved any illegal fee or fees collected of him by said clerk.