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elected. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections, the time and places, and manner of holding elections, shall be prescribed by law. The person having the greatest number of legal votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. That the Constitution and all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Montana Territory as elsewhere within the United States.

SEC. 14. And be it further enacted, That when the lands in said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said territory shall be, and the same are herehy, reserved for the purpose of being applied to schools in said territory, and in the states and territories hereafter to be erected out of the same.

Sec. 15. And be it further enacted, That, until otherwise provided by law, the governor of said territory may define the judicial districts of said territory, and assign the juuges who may be appointed for said territory to the several districts, and also appoint the times and places for holding courts in the several counties or sub-divisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to thein shall seem proper and convenient.

Sec. 16. And be it further enacted, That all officers to be appointed by the president of the United States, by and with the advice and consent of the senate, for the territory of Montana, who, by virtue of the provisions of any law now existing, or which may be enacted by congress, are required to give security for moneys that may be entrusted to them for disbursement, shall give snch security at such time and in such manner as the secretary of the treasury may prescribe.

Sec. 17. And be it further enacted, that all treaties, laws, and other engagements made by the government of the United States with the Indian tribes inhabiting the territory embraced within the provisions of this act, shall be faithfully and rigidly observed, anything contained in this act to the contrary notwithstanding; and that the existing agencies and superintendencies of said Indians be continued, with the same powers and duties which are now prescribed by law, except that the president of the United States may, at his discretion, change the location of the office of said agencies or superintendents.

Sec. 18. And be it further enacted, That until congress shall otherwise direct, all that part of the territory of Idaho included within the following boundaries, to wit: Commencing at a point formed by the intersection of the thirty-third degree of longitude west from Washington with the forty-first degree of north latitude; tlience along said thirty third degree of longitude to the crest of the Rocky Mountains; thence northward along the said crest of the Rocky Mountains to its intersection with the fortyfourth degree and thirty minutes of north latitude; thence eastward along said forty-fourth degree thirty minutes north latitude to the thirty-fourth degree of longitude west from Washington; thence northward along said thirty-fourth degree of longitude to its intersection with the forty-fifth degree north latitude; thence eastward along said forty-fifth degree of north latitude to its intersection with the twenty-seventh degree of longitude west from Washington; thence south along said twenty-seventh degree of longitude west from Washington to the forty-first degree north latitude; thence west along said forty-first degree north latitude to the place of beginning, shall be, and is hereby, incorporated temporarily into, and made part of, the territory of Dakota. Approved May 26, 1864.

DEPARTMENT OF STATE,

WASHINGTON, May 28, 1864.
W. H. HUNTER,

Chief Clerk.

.}

A true copy:

(PUBLIC, No. 65.)

AN ACT amendatory of "An Act to provide a temporary government for the

territory of Montana," approved May 26, 1864.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the legislative assemblies of the several territories of the United States shall not, after the passage of this act, grant private charters or special privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing, and other industrial pursuits. SEC. 2.

And be it further enacted, That the probate courts of the territory of Montana, in their respective counties, in addition to their probate jurisdiction, are hereby authorized to hear and determine civil causes wherein the damage or debt claimed does not exceed five hundred dollars, and such criminal cases arising under the laws of the territory as do not require the intervention of a grand jury : Provided, That they shall not have jurisdiction in any matter in controversy when the title or right to the peaceable possession of land may be in dispute or chancery, or divorce causes ; And provided further, That in all cases an appeal may be taken from any order, judgment, or decree of said probate court to the district court.

SEC. 3. And be it further enacted, That the chief justice and associate justices of said territory and the territory of Idaho shall each receive an annual salary of thirty-five hundred dollars.

SEC. 4. And be it further enacted, That the judges of the supreme court of said territory, or a majority of them, shall, when assembled at the seat of government of said territory, define the judicial districts of said territory, and assign the judges who may be appointed for said territory to the several districts, and shall also fix and appoint the times and places for holding the courts in the several counties or sub-divisions in each of said judicial districts, and alter the times and places of holding the courts as to them shall seem proper and convenient, but not less than two terms shall be held at each place of holding court each year.

Sec. 5. And be it further enacted, That for the purpose of reviving the legislative functions of the territory of Montana, which have been adjudged therein to have lapsed, the governor of said territory be, and he is hereby, authorized, on or before the first day of July, eighteen hundred and sixty-seven, to divide said territory into legislative districts for the election of members of the council and house of representatives, and to apportion among said districts the number of members of the legislative assembly provided for in the Organic Act of said territory, and the election of said members of the legislative assembly shall be held at such time and shall be conducted in the manner prescribed by the legislative assembly of said territory at the session thereof, begun and holden at the city of Bannock, in eighteen hundred and sixty-four and eighteen hundred and sixty-five, and the qualifications of voters shall be the same as that prescribed by said Organic Act, saving and excepting the distinction therein' made on account of race or color, and the legislative assembly, so elected, shall convene at the time prescribed by said legislative assembly at the session last aforesaid. The apportionment provided for in this section shall be based upon such an enumeration of the qualified electors of the said several legislative districts as shall appear from the election returns in the office of the secretary of said territory, and from such other sources of information as will enable the governor, without taking a new census, to make an apportionment which shall fairly represent the people of the several districts in both houses of the legislative assembly, but the legislature may at any time change the legislative districts of the territory as fixed by the governor.

SEC. 6. And be it further enacted, That all acts passed at the two sessions of the so-called legislative assembly of the territory of Montana, held in eighteen hundred and sixty-six, are hereby disapproved and declared null and void, except such acts as the legislative assembly herein authorized to be elected, shall by special act, in each case, re-enact: Provided, however, That in all the claims of vested rights thereunder, the party claiming the same shall not, by reason of anything in this section contained, be precluded from making and testing said claim in the courts of said territory: And provided further, That no legislation or pretended legislation in said territory since the adjournment of the first legislative assembly shall be deemed valid until the election of the legislative assembly herein provided for shall take place.

SEC. 7. And be it further enacted, That from and after the first day of April next, the salary of each of the judges of the several supreme courts in each of the organized territories (except Montana and Idaho) shall be two thousand five hundred dollars.

Sec. 8. And be it further enacted, That all acts and parts of acts inconsistent with this act are hereby repealed.

Approved March 2, 1867.

REVISED STATUTES

OF THE

TERRITORY OF MONTANA.

CIVIL PRACTICE ACT.

TITLE I.

AN ACT to regulate proceedings in civil cases in the courts of justice of the terri

tory of Montana.

OF CIVIL ACTIONS AND PARTIES THERETO.

Sec. 1. One form of civil action only.
Sec. 2. Partieshow designated.
Sec. 3. Questions of fact not put in issue by pleadings-how tried.
Sec. 4. Real party in interest to sue.
Sec. 5. Action by assignee of thing in action.
Sec. 6. Action by executor, administrator, or trustee.
Sec. 7. Actions by and against married women.
Sec. 8. Separate defence of married women.
Sec. 9. Infants-actions by and against.
Sec. 10. Guardian-how appointed.
Sec. 11. Injury or death of child-action for.
. Sec. 12. Plaintiffswho may be.
Sec. 13. Defendantswho may be.
Sec. 14. Parties-joinder of.
Sec. 15. Joint and several liability.
Sec. 16. Actionswhen not to abate.
Sec. 17. New partieswhen brought in.
Sec. 18. Any party interested may interplead.
Sec. 19. Defendant may apply to have other person substituted.
Sec. 20. Successive actions of same contract.
Sec. 21. Consolidation of actions.
Sec. 22. Adverse claims-actions to determine.

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