Page:1887 Compiled Laws of Dakota Territory.pdf/184

 and proper, not to exceed three cents per description, and for keeping such indexes hereafter they shall receive no compensation beyond their fees now allowed, or that may hereafter be allowed for the recording or filing of instruments, the indexing being a part of their duties in recording or filing the instruments.

Salary in place of fees. s. 1, c. 50, 1887.

§ 632. Registers of deeds and county treasurers shall each receive a salary not exceeding two thousand dollars per annum as provided in this act, to be paid quarterly from the special salary fund by warrant, which shall be liable during the year only to salary warrants, and at the end of the year any surplus shall be covered into the treasury and placed to the credit of the general fund; provided, that neither of said officers shall be required to account for the fees received for making and certifying to abstracts, and the county treasurer shall not be required to account for the fee collected for sending tax receipts to nonresidents of the territory.

Salary fund, how created. s. 2, c. 50, 1887.

§ 633. Each officer named in section 632 shall keep a book, to be provided by the county and which shall be a part of the public records of his office, in which shall be entered each item of fees for services rendered, and shall within three days after the close of each calendar month, and also at the end of his term of office, file with the county auditor or county clerk a statement under oath, showing the fees which he has received as such officer since the date of his last report or the beginning of his term of office, and also within said three days deposit with the county treasurer the total sum of such fees, which sum so deposited shall be placed to the credit of the special salary fund.

Salary not to exceed fees-Deficiency provided for. s. 3, c. 50, 1887.

§ 634. In case the fees paid into the county treasury by any officer named in section 632, shall not equal his salary of two thousand dollars as fixed herein, then and in that case such officer shall only be entitled to receive a sum equal to the fees paid into the treasury; and provided further, that in case there may be a deficiency in the salary of such officer for any quarter-year or fractional quarter-year, the deficiency shall be made up from any excess of fees that may be paid into the county treasury by any such officer for services rendered during the calendar year in which such deficiency occurred.

Penalty for failure to collect fees. s. 4, c. 50, 1887.

§ 635. Any officer named in section 632, who shall neglect or omit to charge or collect the fees allowed by law for services rendered, or shall fail or neglect to keep a record of the same, or to make a correct statement thereof to the county auditor or county clerk, with the intent to evade the provisions of this act, shall be deemed guilty of a misdemeanor.

Deputies and clerks, how appointed–Total salary not to exceed fees. s. 5, c. 50, 1887.

§ 636. If in the judgment of the board of county commissioners of any county it shall be deemed necessary for the prompt and accurate dispatch of business in the office of the register of deeds or county treasurer that deputies or clerks be employed therein, they shall by resolution fix the number of clerks to be employed and the compensation which they shall receive, which compensation shall be paid monthly from the special salary fund by warrant; provided, that the officer in whose office such deputies or clerks are to be employed shall have the sole power of