SEC. 7. Every attorney, before his name is stricken off the roll, shall receive a written notice from the clerk of the supreme court, stating distinctly the grounds of complaint, or the charges exhibited against him, and he shall, after such notice, be heard in his defence, and allowed reasonable time to collect and prepare testimony for his justification; and any attorney whose name shall at any time be stricken from the roll by order of the court, in the manner aforesaid, shall be considered as though his name had never been written thereon, until such time as the said justice, in open court, shall authorize him to sign or subscribe the same.

SEC. 8. All attorneys or counsellors at law, judges, clerks and sheriffs, and other officers of the several courts within this Territory, shall be liable to be arrested and held to bail, and shall be subject to the same legal process, and may, in all respects, be prosecuted and proceeded against in the same court and in the same manner as other persons are, any law, usage or custom to the contrary notwithstanding: Provided, nevertheless, said judge, counsellors and attorneys of said court, shall be privileged from arrest while attending courts, and while going to and returning from

court.

SEC. 9. Any person producing a license or other satisfactory voucher proving that he hath been regularly admitted an attorney at law in any court of record within the United States, that he is of good moral character, may be licensed and permitted to practice as a counsellor and attorney at law in any court in this Territory without examination.

SEC. 10. If any person not licensed as aforesaid shall receive any money, or any species of property as fee or compensation for services rendered or to be rendered by him as attorney or counsellor at law within this Territory, all money so received by him shall be considered as money received to the use of the person paying the same, and may be recovered back with costs of suit, by an action for money had and received, and all property conveyed or delivered for the purpose aforesaid, or the value thereof, may be recovered back with costs of suit by the person conveying or delivering the same, by action of detenue or trover and conversion, and the person receiving such money or property shall forfeit threefold the amount or value thereof, to be recovered with costs of suit before any magistrate, if within a magistrate's jurisdiction, but if not in

any court of record within the Territory, by action of debt qui-tam, the one-half to the use of the person who shall sue for and recover the same, and the other half to the use of the county in which such suit shall be brought, and if any person shall sign or cause to be signed the name of any attorney, or either of the judges of the supreme court, to any certificate or license provided for in this act, with an intent to deceive such person, shall be deemed guilty of forgery, and shall be prosecuted and punished accordingly.

SEC. 11. Plaintiff shall have the liberty of prosecuting, and defendant shall have the privilege of defending in their proper persons, and nothing herein contained shall be so construed as to affect any person heretofore admitted to the degree of attorney or counsellor at law in this Territory, so as to subject them to further examination, or to make it necessary for them to renew their license.

SEC. 12. Whenever any counsellor at law residing in any of the adjacent States or Territories, may have any business in any of the courts of this Territory, he may be admitted on motion for the purpose of transacting such business and none other.

SEC. 13. All public officers, sheriffs, coroners, jailors, constables, or other officers or persons, having in custody any person committed, imprisoned, or restrained of his liberty, for any alleged cause whatever, shall admit any practising attorney at law in this Territory whom such person restrained of his liberty may desire to see or consult, to see and consult such person so imprisoned alone and in private, at the jail, or other place of custody. Any officer violating this provision shall forfeit and pay one hundred dollars to the person aggrieved, to be recovered by action of debt in any court of competent jurisdiction.

SEC. 14. No attorney or counsellor at law or solicitor in chancery shall become security in any bond or recognizance of any sheriff, constable, or coroner, or in any bond or recognizance for the appearance of any person or persons charged with any public offence, or upon any bond or recognizance authorized by any statute. to be taken for the payment of any sum of money into court in default of the principal, without the consent of the judge of the district court first had, approving said security.

SEC. 15. All attorneys and counsellors at law shall have a lien upon any money in their hands, or upon any judgment they may

have obtained belonging to any client, for any fee or balance of fees due, or any professional services rendered by them in any court of this Territory, where said lien may be enforced by proper civil

action.

SEC. 16. This act to be in force from and after its passage. [Approved January 12, 1865.]

AN ACT to enable Soldiers to hold Claims.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. That all citizens of the Territory who may hereafter enter the volunteer service of the United States, or militia service of this Territory, shall, during the time such persons are engaged in such service, and for six calendar months thereafter, have and enjoy the same rights to hold claims for agricultural, mining and other purposes, as citizens of this Territory who may not be in such service, and in the absence of any such person so engaged in such service, any such claim or claims may be held by the agent of such person in the same manner as if such person was personally present. SEC. 2. This act to take effect from and after its passage. [Approved January 17, 1865.]

AN ACT to preserve the District Records in relation to Leads, Lodes and Ledges.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. That all mining district records, of all lead, lode, ledge, ranch, water or mill claims, that are now, or shall be, deposited within the next ninety days hereafter succeeding the passage of this act, in their respective county recorder's office, shall become a part and parcel of said county records, and shall be evidence in any court or courts of competent jurisdiction.

SEC. 2. That it shall be the duty of all mining district recorders to file any and all records pertaining to all lead, lode, ledge, ranch, water and mill claims, in their respective county recorder's office, within ninety days from and after the passage, approval, and the printing in the "Montana Post," of this act; and upon failure to do so, they shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined in a sum not to exceed one thou sand dollars, or imprisoned in the county jail not to exceed one year, or both such fine and imprisonment, and shall be subject to a suit in a civil action for damages.

SEC. 3. That it shall be the duty of the county recorder, when any such district records are tendered him, to receive the same, and place them on file in his office; for which he shall receive a fee of fifty cents, to be paid by the district recorder; and upon his refusal to receive said district records, he shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined in a sum not to exceed one thousand dollars, or imprisoned in the county jail not to exceed one year, or both such fine and imprisonment, and shall be subject to a suit in a civil action for damages.

SEC. 4. This act to take effect and be in force from and after its passage, approval, and ninety days after its its publication in the "Montana Post" three consecutive weeks: Provided, that nothing in this act shall be so construed as to admit any district recorder to deposit more than one set of books.

[Approved January 17, 1865.]

Amanded 170 A 47

Amended '67 96, 256AN ACT relative to Elections.

'67,96

Constmed 67/76

h 491

Be it enacted by the Legislative Assembly of the Territory

this Montana I

Act followmas Jan 23, 1864

S. 1. That all white male citizens of the United States, and those who have declared their intention to become citizens, above the age of twenty-one years, shall be entitled to vote at any election for Delegate to Congress, and for territorial, county and precinct officers: provided, the short to cftinctre of the United States, wat he '67, is shall have resided in the Territory twenty days, and the county

ten days, where they offer to vote, next preceding the day of election

SEC. 2. No person under guardianship, non compos mentis, or insane, nor any person convicted of treason, felony or bribery in this Territory or in any other Territory or State in the Union, unless restored to civil rights, shall be permitted to vote at any election.

SEC 3. A general election shall be held in the several townships or precincts in this Territory on the first Monday of September of each year, at which election shall be chosen all such officers as are by law to be elected in such year unless otherwise provided for; 1869 the election for delegate and other officers as may be provided for, Angust shall take place on the first Monday of September. A. D. 1985) 72.56 and every two years thereafter. Amended

770147

SEC. 4. No person shall be eligible to the office of Delegate to Congress, member of the Council or House of Representatives, or any territorial office, unless he has been a resident of the Territory for one year.

SEC. 5. It shall be the duty of commissioners, at their regular session preceding the general election, to appoint three discreet and capable persons, possessing the qualifications of electors, to act as judges of election, in each township; and said commissioners shall also set off and establish townships or precincts when it may be necessary, and the clerk of said board of commissioners shall make out and deliver to the sheriff of the county, immediately after the appointment of said judges, a notice thereof in writing, directed to the judges so appointed, and it shall be the duty of the said sheriff, within twenty days of the receipt of said notice, to serve the same upon each of the said judges of the election; if in any of the townships any of such judges do not serve, the voters of said township may elect a judge or judges to fill vacancies on the morning of the election, to serve at such election.

SEC. 6 The said judges shall choose two persons, having the same qualifications with themselves, to act as clerks of the election. The said judges shall be and continue judges of all elections of civil officers to be held in their respective townships, until other judges shall be appointed as herembefore directed; and the said clerks of election may continue to act as such during the pleasure of the judges of election, and the county commissioners shall, from time to