Montana Attorney General Opinion 16-373

Opinion No. 373. Livestock Commission-Bounties- Affidavit, Requirements Of. HELD: The affidavits of the two resident taxpayers on livestock, re- quired by Section 3417.6, R. C. M. 1935, must be sworn to or affirmed before some officer who has authority to administer an oath, and such offi- cer must sign the acknowledgment. November 28, 1936. Mr. Paul Raftery Secretary, Montana Livestock Commission The Capitol Section 3417.6, R. C. M. 1935, pro- vides in part: "Each sheriff, under- sheriff and deputy sheriff, to prevent fraud, shall " * * require affidavits from two resident taxpayers residing in the vicinity in which such animal or animals were killed, setting forth that they are resident taxpayers on livestock, giving their postoffice ad- dresses and stating that they are per- sonally acquainted with the person presenting the skin or skins, and to their knowledge, information, and be- lief, said person did kill or cause to be killed the animal or animals from which the skin or skins were taken within thirty days preceding the of- fering of such skin for a bounty to the sheriff, under-sheriff or deputy sheriff to which the same is pre- sented; * * *." You have requested my opinion whether the affidavits must be acknowledged. Affidavit is defined by Section 10632, R. C. M. 1935, as follows: "An affidavit is a written declaration un- der oath, made without notice to the adverse party." An affidavit is one method of tak- ing an oath; an affidavit is a state- ment or declaration reduced to writ- ing and sworn or affirmed to before OPINIONS OF THE ATTORNEY GENERAL 367 some officer who had authority to ad- minister an oath. (Metcalf v. Pres- cott, 10 Mont. 283; Davidson v. Bor- deaux, 15 Mont. 245, 251; see also Webster's .New International Diction- ary; 2 C. J. 317; 2 C. J. S. 992.) A paper intended as an affidavit but not signed by an officer author- ized to administer an oath is insuffi- cient on the face of it. (Continental Oil Co. v. Jameson, 53 Mont. 466.) It is my opinion that the affidavits of the two resident taxpayers on live- stock, required by Section 34t 7.6, R. C. M. 1935, must be sworn to or af- firmed before some officer who has authority to administer an oath, and that such officer must sign the ac- knowledgment. The bounty claim, which was at- tached to your letter, is returned here- with. Since the purported "affida- vits" were not made under oath, :they are insufficient and the claim does not comply with the statute.