CLAIMS BY MEMBERS.

SEC. 36. All claims against the county presented by members of the county court for per diem and milage, or other service rendered by them, must be itemized and verified as other claims, and must state that the service has been actually rendered.

STATEMENT BY THE CLERK.

Claims.

SEC. 37. The court must have prepared by the clerk, and under their direction, prior to their annual meeting for levying taxes, a statement clerk. showing:

1. The indebtedness of the county, stating the amount of each class and the rate of interest borne by such indebtedness, or any part thereof;

2. The amount of cash in the county treasury and its several funds;

3. The amount of unpaid taxes, if any, for the previous year.

TO RECEIVE DONATIONS OF PROPERTY.

SEC. 38. The court may receive from any source, lands and other property which may be donated to the county for the purpose of aiding in the erection of county buildings, roads, bridges, or other specific purposes, and may use the same therefor, and may provide for the sale of the same, and the application of the proceeds thereof.

AMOUNT OF BONDS.

Statement by

Donations.

SEC. 39. Each selectman, before entering upon the discharge of the duties of his office, shall give a bond to the county for which he has selectmen's been elected, in the sum of five thousand dollars, bond. conditioned that he will honestly and faithfully perform the duties of his office; said bond to be with at least two good and sufficient sureties, to the acceptance and approval of the probate judge of said county, and filed in his office. All persons offered as sureties on such official bonds may be examined on oath touching their qualifications, and no person can be admitted as surety

Accounts.

Compensation.

Term.

on any such bond unless he is a resident and freeholder or householder within the Territory, and is worth, in real or personal property, or both, situate in this Territory, the amount of his undertaking over and above all his just debts and liabilities, exclusive of property exempt from execution and forced sale.

COURT TO AUDIT COUNTY CHARGES.

SEC. 40. Accounts for county charges of every description must be presented to the county court, to be audited as prescribed in this act.

COMPENSATION OF MEMBERS.

SEC. 41. The probate judge and selectman shall each receive from their county, four dollars per day for each day actually employed in attending to business pertaining to the county court, together with mileage at the rate of twenty cents per mile in going only from their residences to the county seat at each session of the court attended by them.

SEC. 42. Nothing contained in this act is intended to diminish, impair, or in anywise effect the powers heretofore conferred upon incorporated cities and towns.

SEC. 43. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

Approved March 8th, 1888.

CHAPTER LI.

COUNTY RECORDERS.

AN ACT Defining the Duties of County Officers.
ARTICLE I.

PROBATE JUDGES.

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That there shall be a probate judge in each

county of the Territory of Utah, whose term of office shall be two years, and until his successor shall be qualified.

SEC. 2. Each probate judge, before entering upon the discharge of the duties of his office, qualify. shall give a bond to the county for which he has been elected or appointed, for the faithful performance of his official duties, in the penal sum of five thousand dollars, which amount may be increased by the county court of the county to any sum not exceeding twenty thousand dollars, with at least two good and sufficient sureties, who are residents of the county, and worth the sum for which they become liable, over and above all their debts and liabilities in property not exempt from execution, which said bond shall be approved by, and filed with the county treasurer; and shall take and subscribe an oath to the effect that he will honestly and faithfully perform the duties of the office on which he is about to enter, which oath shall be attached to and filed with said bond.

SEC. 3. He shall reside at the county seat, and preside at all sessions of the probate court. Duty. He shall also preside at all sessions of the county court at which he may be present, and shall perform such other duties as may be required of him by law.

FEES OF PROBATE JUDGES.

SEC. 4. For each day's attendance in court hearing a case previously set ........$3.00 For making each order or decree in probate, when the matter comes on without notice..

For approving sureties on any bond or undertaking.

For examining and approving or rejecting a creditor's claim when the examination of witnesses is unnecessary

For making any certificate..

For administering an oath.

.50

.25

.25

.50

.25

Fees.

For certifying to same.

For taking an acknowledgment or proof of
an instrument and certifying thereto,
for the first signature..

For each additional signature.

.25

.50

.25

For any other service not herein provided for, a reasonable compensation.

Clerk.

ARTICLE II.

CLERK OF THE COUNTY COURT.

SECTION 1. That at the general election next to be held and biennally thereafter, there shall be elected in each county in this Territory, by the qualified electors thereof, a clerk of the county court who shall be ex-efficio clerk of the probate court of such county, and whose term of office shall be two years, and until his successor shall be elected or appointed and qualified.

SEC. 2. Within thirty days after his elecOath and bond. tion or appointment, the clerk of the county court shall take the oath of office and give a bond to the county for which he has been elected or appointed, in such sum and with such sureties as the county court of such county shall determine and approve, conditioned for the faithful performance of the duties of said office; which oath of office and bond shall be filed in the office of the probate judge of the said county.

Duty.

Powers, etc.

SEC. 3. He shall keep his office at the county seat, shall act as clerk of the probate and county courts, and take charge of, and safely keep or dispose of, according to law, the seals of said county, and all books, papers and records which may be filed or deposited in his office.

SEC. 4. He shall have power to take acknowledgments to all instruments in writing, administer oaths, issue all process and notices required to be issued; enter a synopsis of all

orders, judgments, and decrees, proper to be entered, unless the law or the court shall direct them to be entered at length.

SEC. 5. He shall:

1. Record all proceedings of the county Shall record. court.

2. Make full entries of all their resolutions and decisions on questions concerning the raising of money for, and the allowance of accounts against the county.

3. Record the vote of each member on any question upon which there is a division, or at the request of any member present.

county busito be kept.

SEC. 6. He shall keep an accurate account of all receipts and expenditures of his county; Accounts of also, of all debts payable to and by said county. At the first session of the county court held in each year, the clerk of the county court shall submit to the said court a statement showing the total amount received from each source of revenue during the fiscal year ending on the thirty-first day of December last preceding, the balance, if any, in the treasury, at the close of the previous fiscal year; expenditures during the fiscal year just closed; specifying separately the total amount paid to each officer and the total amount for each and every disbursement, the balance on hand, if any, together with a statement of all the debts payable to and by said county; Provided, that the several clerks of the county courts shall make and furnish to the county courts of the several counties, financial statements up to and including May 31, 1888, and thereafter shall prepare and furnish a similar statement showing the receipts and disbursements of their several counties from June 1, 1888, to December 31, 1888, after which time the fiscal year shall begin January 1, and end December 31st of each year. He shall, within thirty days after the auditing of any such statement by the said court, transmit a certified copy thereof to the auditor of public accounts, to be filed by him, and furnished to the legislative assembly during the next succeeding session.