This set follows Idaho Jan 4.1864

AN ACT to provide for Marks instead of Signatures.

e-enacted 46779

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

SEC. 1. The signature of a party when required to a written instrument, shall be equally valid if the party cannot write: Provided, The person make his mark, and the name of the person making the mark being written near it; and the mark being witnessed by a person who writes his own name upon such instrument as a witness.

SEC. 2. This act to take effect and be in force from and after its approval by the governor.

AN ACT to repeal an Act entitled an Act to provide a Uniform System of Territorial and County Revenue, and for the assessing and collecting the same.

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

SEC. 1. That the act to provide a uniform system of Territorial and county revenue, and for the assessing and collecting the same, passed by the Legislature of Idaho at its first session, and approved February the fourth A. D. 1864, and found on pages 395 and 434 inclusive, be and the same is hereby repealed.

SEC. 2. That all suits, prosecutions or indictments now pending in all courts in the Territory, for the collection of revenue under said act, are hereby dismissed at the costs of the Territory.

SEC. 3. This act to be in force from and after its passage.

Reenacted substantially '67 72

AN ACT creating certain Offices in the Territory of Montana, declaring to whom resignations shall be made, when the offices shall be deemed vacant, and the manner of filling vacancies.

This Act hollows Probston

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

SEC. 1. That there shall be elected or appointed as hereinafter declared, the following officers, to wit: First, One Territorial treasurer. Second, One Territorial auditor, who shall be ex officio librarian. Third, One Territorial superintendent of public instruction. Fourth, One delegate to Congress. Fifth, Members of the council. Sixth, Members of the house of representatives. Seventh, One district attorney for each judicial district. The district attorneys shall be elected by the qualified voters of the respective districts. Such district attorneys shall hold their offices for two years, unless otherwise provided by law, or until their successors be elected and qualified, if not removed by the governor, for cause, published, and filed in the office of the secretary of the Territory. At every general election, there shall be elected in each road district, by the qualified voters thereof, one road commissioner.

SEC. 2. One delegate to congress shall be elected by the qualfied voters of the Territory. Members of the council and house of representives shall be elected by the qualified voters of their respective district.

SEC. 3. The Territorial treasurer, auditor, and superintendent of public instruction, shall be elected by the legislative assembly, upon joint ballot, who shall be commissioned by the governor, and shall hold their offices for the term of one year, and until their successors be elected and qualified.

SEC. 4. Members of the council shall hold their offices for the term of two years, unless otherwise provided by law.

SEC. 5. Members of the house of representatives and road commissioners shall hold their offices for the term of one year, unless otherwise provided by law.

SEC. 6. Notaries public may be appointed by the governor, who shall hold their offices for the term of two years unless sooner

Same ante 385.

s 41

removed by the governor for causes published and filed in the office of the secretary.

SEC. 7. Resignations shall be made as follows: First, By Territorial officers and all officers elected by the legislature, to the governor. Second, By all county officers, to the county commissioners in their respective counties. Third, By all other officers holding their offices by appointment, to the body, board, or officers that appointed them.

SEC. 8. Every office shall become vacant on the happening of either of the following events, before the expiration of the term of such office: First, The death of the incumbent. Second, His resignation. Third, His removal. Fourth, His ceasing to be a citizen of the Territory, district, county, or precinct for which he shall have been elected or appointed, or within which the duties of his office are to be discharged. Fifth, His conviction of any infamous crime, or of any offence involving a violation of his official oath. Sixth, Refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit such oath or bond within the time prescribed by law. Seventh, The decision of a competent tribunal declaring void his election or appointment. SEC. 9. The governor shall also declare vacant the office of every officer required by law to execute an, official bond whenever a judgment shall be obtained against such officer for a breach of the conditions of such bond.

SEC. 10. When a vacancy shall occur during the recess of the

1) Lont 259 legislature, in any office which the legislature are authorized to fill by election, or which the governor, subjected to confirmation of the legislative assembly, is authorized to fill, the governor, unless it is otherwise specially provided, may appoint some suitable person to perform the duties of such office until the next session of the legislature.

SEC. 11. When at any time there shall be in either of the county or precinct offices no officer duly authorized to execute the duties thereof, some suitable person may be appointed by the governor to perform the duties of either of said offices.

SEC. 12. Every person appointed in pursuance of either of the last two preceding sections, shall, after taking the oath prescribed, and filing the requisite bond, if any be required by law, continue to exercise and perform the duties of the office to which he shall

be appointed until such vacancy shall be regularly supplied, as prescribed by law.

SEC 13. This act shall take effect and be in force from and after its passage and approval by the governor.

Be it enacted by the Legislative Assembly of the Territory" 501

of Montana:

22 How 18623

SEC. 1. The legal rate of interest on the forbearance or loan of any money, when there is no agreement between the parties, as specified in section three of this act, shall be ten per centum per

annum.

SEC. 2.

Creditors shall be allowed to collect and receive interest, when there is no agreement as to the rate thereof, at the rate of ten per cent. per annum for all moneys after they become due,4 443 on any bond, bill, promissory note, or other instrument of writing,

and on any judgment rendered before any court or magistrate au

324

thorized to enter up the same, within the Territory, from the day3 Kans 515 of entering up such judgment until satisfaction of the same be 18 made; likewise on money lent, or money due on the settlement of accounts, from the day of such settlement of accounts, between the parties, and ascertaining the balance due; on money received to the use of another, and retained without the owner's knowledge, and on money withheld by an unreasonable and vexatious delay.

SEC. 3. The parties to any bond, bill, promissory note, or other Mont 1.94 instrument of writing, may stipulate therein the payment of a 11 500

greater or higher rate of interest than ten per centum per annum, and any such stipulation contained in any such instrument of writing, may be enforced in any court of law or equity of competent jurisdiction in this Territory.

ད་ 624

Mont 194

SEC. 4. This act shall take effect and be in force from and after its passage.

31

PRIVATE AND SPECIAL LAWS.

Rehauled To 1?

AXACT to incorporate the Missouri River and Rocky Mountain Wagon Road and Telegraph Company.

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

S 1. That W. B Dance, N. P. Langford, S. T. Hanger, T. C. Exarts, Wm. S. Doolittle, James W. Taylor, H. L. Carver, R. Anderson Wm. A Spencer, George L. Curran, James Foster, W. Y. Pemberton, Samuel Wood, F. B. Kerchiral, and William L. Brown, and their associates and assigns be, and are hereby, constituted a body politic and corporate, under the name and style of the Missouri River and Rocky Mountain Wagon Road and Telegraph Company.

SEC. 2. The capital stock of said company shall be eight hundred thousand ($800,000) dollars, and shall be divided into shares of not less than one hundred dollars and not exceeding five hundred dollars, each at the pleasure of said company; and said corporation shall have the power to make, and afterwards to alter, all needful rules and regulations for the government of said company, the issuing and transfer of their stock, and the management of all the company business; and shall have power to elect a president, secretary, treasurer, superintendent, and board of directors, at such times and places as said company shall appoint, to hold their offices for one year. The company may, however, if they deem it advisable, unite the two offices of secretary and treasurer in one person.

SEC. 3. That said company, by their corporate name, shall be capable of making contracts, of suing and being sued, impleading and being impleaded, in all matters whatsoever, in all courts of law and equity in this Territory, and may have and use a common seal, which may be altered at pleasure.