Montana Attorney General Opinion 15-174

Opinion No. 174 Sheriff-Undersheliff-Bonds- Premiums-Cotmties. HELD: The premium upon the of- ficial bond of an undersheriff is not a proper charge against the county. April 20, 1933_ You have submitted the question: "Will you kindly advise me whether the premium npon the official bond of the under-sheliff of Madison County i;; a legitimate charge against the conn- ty?" Plior to 1923 the premium of a bond of an undersheriff was a legiti- mate charge against the county. Vol- ume G Opinions of Attorney General, page 8. Section 62.36 of the Hevised Codes of Montana of IH21 was amend- ed by Chapter 144, Laws of 1923, by adding thereto the following: "Pro- vided, further, that the provisions of this section, making such premium a charge against the general fund of the state, county, city, town, or municipal- ity shall not be construed to include any deputy, clerk or subordinate of- ficer, where a bond is required to be OPINIOXS OF THE ATTORNEY GE~"'ERAL 125 furnished by the principal or body ap- pointing the same." Under the proYisiuns of the amend- ment quoted, it appears that the in- tent of the legislature was that the lH"pmium on the hond of an undersher- iff i!'< not n charge ngainst the county.