Election and CLERK OF SUPREME COURT-ELECTION, DUTIES, ETC. An Act entitled "An Act Prescribing the Compensation and Duties of the Clerk of the Supreme Court and Regulating Fees. Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. The Clerk of the Supreme Court term of office of shall be elected by the electors at large of the State Clerk of Supreme and shall hold his office for the term of six years, Court. Salary Fees to be col or until his successor is elected and has qualified, and he shall receive for his official services a salary of two thousand five hundred dollars per annum, which shall be paid from the State Treasury in the same manner as the salaries of other State officers. SEC. 2. The following fees shall be collected in advance by the Clerk for official services rendered in said Court: Docket fee, payable by appellant lected by Clerks. at time of filing transcript, ten dollars; docket fee, payable by respondent at time of filing appearance, five dollars; for making transcripts or copies of papers or records, fifteen cents per folio; for comparing documents requiring certificates, five cents per folio; for admission of attorneys, five dollars, and for each certificate under seal, one dollar; for filing all initiatory papers in original proceedings in said Courts, ten dollars; and these fees shall accrue to the State and shall be paid into the State Treasury. SEC. 3. It shall be the duty of said Clerk to Duties of Clerks safely keep the seal of the Supreme Court, its records and files, and the role of an attorney-at-law; to adjourn the Court from day to day at the beginning of any term in tne absence of any Judge, and until the arrival of a majority of their number; to file all papers or transcripts required to be filed by law; to issue certificates or approve bonds or undertakings when so required; to make out all transcripts on appeals to the Supreme Court of the United States; to make copies of papers or records when demanded by law or the rules of the Court, and to perform such other duties as may by required of him by the Supreme Court. The Clerk is responsible and must account for and in his statements must charge himself with the full amount of all fees provided for in section 2, collectable or chargeable or occurring in causes brought into Court for services rendered therein up to the time of each statement, and he shall quarterly, on the first day of each respective quarter of the calendar year, pay all fees collected by him during the preceding quarter and accruing to the State, into the State Treasury, and shall at the same time deposit with the Secretary of State an itemized and verified statement of all fees collected or collectable by him for any official services rendered prior to the time of such statement and during the quarter for which such statement is made. SEC. 4. The Court in its discretion may, whenever it becomes necessary, appoint one Deputy Clerk at a salary not to exceed one hundred dollars per month for the time actually employed. SEC. 5. Section 1071, page 941, of the Compiled Statutes of Montana, and all acts and parts of acts in conflict herewith are hereby repealed. APPROVED March 6, 1891. Appointment of Deputy. Repealing clause MARSHAL OF SUPREME COURT. Marshal of Supreme Court. to appoint. An Act to Create the Office of Marshal of the Supreme Court; to Provide for his Appointment; to Define his Duties and Fix his Compensation. Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. There is hereby created the office of Marshal of the Supreme Court. SEC. 2. Immediately upon the passage of this act, and at such other times as there may be a vaSupreme Court cancy in the office by this act created, the Supreme Court shall appoint some suitable person as Marshal of the Supreme Court, who shall hold office at the pleasure of the Court. Duties. Compensation. SEC. 3. It shall be the duty of the Marshal to attend upon the Supreme Court and the Justices thereof at each term of Court. He shall be the executive officer of the Court, and shall act as crier thereof. He shall serve withih the State all writs and process issuing from the Supreme Court, and shall have all the powers and exercise all the duties pertaining to Sheriffs as to the District Courts, so far as the same are applicable. SEC. 4. The Marshall shall be entitled to compensation as follows: For each day's actual attendance upon the Court and the Justices as hereinbefore provided, he shall receive the sum of four dollars; Provided, That in reckoning his per diem allowance as aforesaid, he may include all days from the first day to the last day of the term inclusive, and including days when the Court is in recess during the terms, and the Marshal is in attendance upon the Justices as aforesaid; Provided, further, That Sundays and other non-judicial days shall not be included. And when serving process of Court beyond the place where Court is held the Marshal shall be entitled to receive the same mileage as provided by law for Sheriffs in doing similar services, to be taxed as costs in other cases. SEC. 5. All accounts of the Marshal shall be filed in the Supreme Court in a bill of items under oath certified by the Chief Justice, and when properly chargeable against the State and approved by the State Board of Examiners shall be paid out of the State Treasury upon the warrant of the State Auditor. APPROVED February 26, 1891. ADDITIONAL DISTRICT JUDGES FOR LEWIS AND CLARKE AND SILVER BOW COUNTIES. An Act entitled "An Act to Provide for an Additional Fudge for the District Courts in the First and Second Judicial Districts of the State of Mon tana." Be it enacted by the Legislative Assembly of the State of Montana: Creating additional District SECTION I. There is hereby created the office of an additional District Judge within and for the First Judicial District of the State of Montana; and the office of an additional District Judge within and for the Second Judicial District of the State Judgeships. of Montana, and such Judgeships shall be in addition to the Judgcships now in existence, and are created and shall be filled pursuant to the Constitution and laws of the State. APPROVED February 28, 1891. CONCURRENT JURISDICTION OF JUDGES IN THE Additional District Judges. and additional An Act entitled "An Act Defining the Powers and Prescribing the Duties of Additional District Fudges. Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. Whenever there shall be created two or more Judgeships within any Judicial District, the additional District Judges so filling the said Judgeships shall have equal and concurrent powers and jurisdiction with the other District Judges in the same District, and shall be subject to the same liabilities, and shall perform the same duties as are now, or may hereafter be imposed, and they shall receive the same compensation as is now, or may hereafter be provided by law for Judges of the District Courts. SEC. 2. All Judges within a Judicial District, whether additional or otherwise, may in all matters, and in the exercise of any and all judicial power, exercise their powers, either together or separately, or act interchangeably, pursuant to arrangements Powers of Judges among themselves; Provided, That when two or Judges in Judici- more of the Judges in any District shall see fit to sit jointly upon the trial or hearing of any judicial matter in case of disagreement, the ruling of the majority, or, if but two shall be sitting, the ruling of the Judge regularly presiding in said matter, shall be deemed the ruling in the cause or matter, rather than the ruling of the Judge called to sit with him. al Districts. |