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gress of the United States, which shall have filed with the secretary of the interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road.
SEC. 2. That any railroad company whose right of way, or whose track or road-bed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use or occcpancy of the said canyon, pass, or defile, for the
purposes of its road, in common with the road first located, or the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile, shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile.
Sec. 3. That the legislature of the proper territory may provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provision shall not have been made, such condemnation may be made in accordance with section three of the act entitled "An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two,” approved July second, eighteen hundred and sixty-four.
SEC. 4. That any railroad company desiring to secure the benefits of this act, shall, within twelve months after the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a profile of its road; and upon approval thereof by the secretary of the interior
the same shall be noted upon the plats in said office; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided, That if any section of said road shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road.
That this act shall not apply to any lands within the limits of any military, park, or Indian reservation, or other lands specially reserved from sale, unless such right of way shall be provided for by treaty stipulation or by act of congress heretofore passed.
SEC. 6. That congress hereby reserves the right at any time to alter, amend, or repeal this act, or any part thereof.
Approved, March 3, 1875. CHAP. 72.-An act lo confirm pre-emption and homestead entries of public lands within
the limits of railroad grants in cases where such entries have been made under the regu
lations of the Land Department. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all preemption and homestead entries, or entries in compliance with any law of the United States, of the public lands, made in good faith, by actual settiers, upon tracts of land of not more than one hundred and sixty acres each, within the limits of any land-grant, prior to the time when notice of the withdrawal of the lands embraced in such grant was received at the local land-office of the district in which such lands are situated, or after their restoration to market by order of the General Land-Office, and where the pre-emption and homestead laws have been complied with, and proper proofs thereof have been made by the parties holding such tracts or parcels, they shall be confirmed, and patents for the same shall issue to the parties entitled thereto. SEC. 2.
That when at the time of such withdrawal as aforesaid valid pre-emption or homestead claims existed upon any lands within the limits of any such grants which afterward were abandoned, and, under the decisions and rulings of the land department, were re-entered by pre-emption or homestead claimants who have complied with the laws governing pre-emption or homestead entries, and shall make the proper proofs required under such laws, such entries shall be deemed valid, and patents shall issue therefor to the person entitled thereto.
That all such pre-emption and homestead entries which may have been made by permission of the land department, or in pursuance of the rules and instructions thereof, within the imits of any land-grant at a time subsequent to expiration of such grant, shall be deemed valid, and a compliance with the laws and the making of the proof required shall entitle the holder of such claim to a patent therefor.
Approved, April 21, 1876.
CHAP. 191.-An act to grant additional rights to homestead settlers on public lands within
railroad limits. Be it, enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, the even sections within the limits of any grant of public lands to any railroad company, or to any military road company, or to any state in aid of any railroad or military road, shall be open to settlers under the homestead laws to the extent of one hundred and sixty acres to each settler, and any person who has, under existing laws, taken a homestead on any even section within the limits of any railroad or military road land-grant, and who, by existing laws shall have been restricted to eighty acres, may enter under the homestead laws an additional eighty acres adjoining the land embraced in his original entry, if such additional land be subject to entry; or if such person so elect, he may surrender his entry to the United States for cancellation, and thereupon be entitled to enter lands under the homestead laws the same as if the surrendered entry had not been made. And any person so making additional entry of eighty acres, or new entry after the surrender anıl cancellation of his original entry, shall be permitted so to do without payment of fees and commissions; and the residence and cultivation of such person upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional or new entry, and shall be deducted from the five years residence and cultivation required by law; Provided, That in no case shall patent issue upon an additional or new homestead entry under this act until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced therein at least one year.
Approved, March 3, 1879.
General Laws of Montana,
Enacted by the Sixteenth Legisla
ACTS AND JOINT RESOLUTIONS. AN ACT to amend section thirteen hundred and seven, fifth division of compiled statutes,
relating to the time when acts and joint resolutions shall take effect. Be it enacted by the legislative assembly of the territory of Mon
SECTION I. That section thirteen hundred and seven of the fifth division of the compiled statutes of Montana be amended so as to read as follows:
Section thirteen hundred and seven. All laws and joint resolutions hereafter enacted or passed by the legislature of the territory of Montana shall take effect and be in force from and after their passage, unless such law or joint resolution shall describe a different time.
Sec. 2. Section thirteen hundred and eight of the fifth division compiled laws of Montana, and all acts and parts of acts in conflict with this act be and the same are hereby repealed.
SEC. 3. This act shall take effect from and after March tenth, eighteen hundred and eighty-nine.
ATTORNEYS AT LAW. A BILL for an act to amend Section One Hundred and Two, Chapter Nine of the Fifth
Division of the Compiled Laws of Montana, relating to admitting to practice Attorneys
at Law. Be it enacted by the Legislative Assembly of the Territory of Mon
SECTION I. Section one hundred and two of chapter nine of the Fifth Division of the General Laws of Montana, is hereby amended by adding thereto the following: Provided, That all persons otherwise qualified, shall be eligible to be admitted to practice as attorneys and counsellors at law without regard to sex, and wherever the words whe” or “his” are used in this chapter, they shall be construed to also include “she” or “her.” So that the section when amended shall read, “Section One Hundred and Two: No person shall be permitted to practice as and defend any action, suit or plaint, in which he is not a party concerned, in any court of record within this territory, either by using or subscribing his own name or the name of any other person without previously having obtained a license for that purpose from some two of the justices of the supreme court, which license shall constitute the person receiving the same an attorney and counselor at law, and shall authorize him to appear in all the courts of record within this territory and there to practice as an at orney and counselor at law according to the laws and customs thereof, for and during his good behavior in said practice, and to demand and receive all such fees as an attorney and counselor at law in this territory: Provided, That all persons otherwise qualified shall be eligible to be admitted to practice as attorney and counselor at law without regard to sex and whenever the words whe” or whis” are used in this chapter they shall be construed to also include “she” or “her.” SEC. 2.
This act shall take effect from and after its passage. Approved, February 13, 1889.
AN ACT to establish a territorial board of inspection for steam boilers and for the examin
ation and licensing of engineers.
Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. There shall be appointed by the governor, by and with the advice and consent of the legislative council, one boiler inspector for Montana, whose duty it shall be to inspect all steam boilers in use in Montana, not subject to inspection under the laws of the United States, and to examine and grant certificates of license to steam engineers entrusted with the care and management of steam boilers and steam machinery; said inspector shall receive a salary at the rate of $200 per month, and shall be appointed for the term of two years, unless sooner removed by the governor for
Provided, The first inspector to be appointed under the provisions of this act shall hold his oflice until the tenth day of next legislative council to convene within Montana. Such inspector shall before entering upon the duties of his office give a good and sufficient bond to the state or territory of Montana in the sum of five thousand (5000) dollars, to be approved by the district judge and the clerk of the district court or his deputy, where such inspector may reside, conditioned for the faithful performance of all the duties imposed upon him, by law; such bond shall be approved by the writing of the word "approved” thereon, and when approved, shall be signed by the district judge and the clerk of such court or his deputy, and shall then be filed with the secretary of Montana.