of damages, and the court in ascertaining the same shall have due regard to the customs of the country prevailing at the time such lien accrued, and under which such work and labor were done, or material furnished; and the court, after ascertaining the value of such gold dust or other property, shall render judgment for the value thereof, and enforce the judgment of the same, as required by this act.

SEC. 29. This act shall be in force from and after its passage. Approved December 30, 1864.

AN ACT to regulate the measure of damages in action, on express or implied contract, for the delivery of gold dust, or gold or silver bullion.

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

SEC. 1. That in actions on express contracts for the payment of a certain amount in gold dust, or gold or silver bullion, or for the delivery of a certain amount of gold dust, or gold or silver bullion, the measure of damages shall be the market value of the amount of gold dust, or gold or silver bullion, in United States treasury notes, at the time it should have been delivered or paid, with interest until the time of recovering judgment.

SEC. 2. That whenever it is the general custom or usage of persons in any community to make gold dust, or gold or silver bullion, at any fixed rate, the basis for the sale of any or all goods, wares, merchandise, or any other article or articles of property whatever, it shall be lawful for any person bringing suit upon a contract, express or implied, which is not in writing, to allege and prove that the contract was made with the view and understanding, either express or implied, that such general custom or usage should be taken as a part of such contract, and that such contract was made upon the basis of gold dust, or gold or silver bullion, and the measure of damages shall be the value of the gold dust, or gold or silver bullion, found to be due and owing from one party to another, at its market value in United States treasury notes at the time it should have been delivered to such party, together with interest.

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

[Approved December 31, 1864.]

AN ACT fixing the time of the meeting of the Legislative Assembly of the Territory of Montana.

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

SEC. 1. That the Legislative Assembly of the Territory of Montana shall hereafter convene at the Territorial capital on the first Monday of November of each year, at twelve o'clock, M., until otherwise provided by law.

SEC. 2. This act to be in force fror and after its passage. [Approved December 31, 1864.]

AN ACT concerning chattel mortgages.

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

SEC. 1. No mortgage on goods, chattels, or personal property, shall be valid as against the rights and interest of any third person, unless possession of such personal property shall be delivered to remain with the mortgagee, or the said mortgage acknowledged and recorded as hereinafter directed.

SEC. 2. Any mortgageor of goods, chattels, or personal property may acknowledge such mortgage before any justice of the peace or other officer authorized to take acknowledgment of deeds of the county in which he may reside.

SEC. 3. Any mortgage of goods, chattels, or personal property so acknowledged shall be admitted to record by the recorder of the county in which the mortgageor shall reside at the time when the same is made, acknowledged, or recorded, and shall thereupon, if bona fide, be good and valid from the time it is so recorded for a space of time not exceeding one year, notwithstanding the property mortgaged or conveyed by deed of trust may be left in possession

of the mortgageor. Provided, That such conveyance shall provide for the property so to remain with the mortgageor.

Sc. 4. A copy of such mortgage, made, acknowledged, and recorded as aforesaid, certified by the proper recorder, from the proper record, may be read in evidence in any court of this Territory without any further proofs of the execution of the original, if said original be lost or out of the power of the person wishing to use it.

SEC. 5. For recording each mortgage the recorder recording the same shall receive twenty-five cents for every one hundred words, and for copies thereof the same compensation only.

SEC. 6. Any person having conveyed goods or chattels, or any article of personal property, to another, by mortgage, who shall, during the existence of the lien or title created by such mortgage, sell the said goods, chattels, or personal property, or any part thereof, to a third person, for a valuable consideration, without informing him of the existence and effect of such mortgage, shall forfeit and pay to the purchaser twice the value of such property so sold, which forfeiture may be recovered in an action of debt in any court having jurisdiction thereof, or if the amount claimed do not exceed one hundred dollars, before any justice of the peace.

SEC. 7. The provisions of this act shall be deemed to extend to all such bills of sale, deeds of trust, and other conveyances of goods, chattels, or personal property, as shall have the effect of a mortgage or lien upon such property.

SEC, 8. The mortgagee in all mortgages made under this act shall be allowed one day for every twenty miles of the distance between his residence and the county recorder's office where such mortgage ought by law to be recorded to conform with the provisions of this act, before any attachment or execution shall be valid made by the creditor of the mortgageor.

SEC. 9. This act shall take effect and be in force from and after its passage.

[Approved December 31, 1864.]

AN ACT to prevent the counterfeiting of gold dust, &c.

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

SEC. 1. That if any person shall counterfeit any kind or species of gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets of gold or silver, or any description whatsoever of uncoined gold or silver, currently passing in this Territory, or shall alter or put off any kind of uncoined gold or silver mentioned in this section, for the purpose of defrauding any person or persons, body politic or corporate, or shall make any instrument for counterfeiting any kind of uncoined gold or silver, as aforesaid, knowing the purpose for which such instrument was made, or shall knowingly have in his possession, and secretly keep, any instrument for the purpose of counterfeiting any kind of uncoined gold or silver, as aforesaid, every person so offending, or any person or persons aiding or abetting in or about said offence or offences, shall be deemed guilty of counterfeiting, and upon conviction thereof shall be punished by imprisonment in the penitentiary for a term not less than one year, nor more than fourteen years.

SEC. 2. Every person who shall have in his possession, or receive for any other person, any counterfeit gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets of gold or silver, or any description whatsoever of uncoined gold or silver, currently passing in this Territory, or entering in any wise into the circulating medium of the Territory, with the intention to utter, put off, or pass the same, or permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person or persons, body politic or corporate, knowing the same to be counterfeit, and being thereof duly convicted, shall be punished by imprisonment in the penitentiary for a term not less than one year nor more than fourteen years.

SEC. 3. This act shall take effect from and after its passage. [Approved December 31, 1864.]

AN ACT in relation to Notaries Public.

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

SEC. 1. That the governor shall appoint as many notaries public for said Territory as he shall deem expedient, who shall hold their office for the period of three years, and until their successors shall be duly appointed and qualified, and they shall be duly commissioned according so law.

SEC. 2. Notaries public are hereby authorized within the Territory of Montana to act, transact, do, and finish all matters and things relating to protests and protesting bills of exchange and promissory notes, and all other matters within their office required by law, to take depositions prescribed by law, and acknowledgments of deeds, and other instruments, and to administer oaths.

SEC. 3. Every notary public, before he enter upon the duties of his office, shall take an official oath, and within three months after his appointment shall provide an official seal, which shall be approved by the governor, and shall deposit an impression of the same, together with his official oath, in the office of the secretary of the Territory.

SEC. 4. The governor may remove any person heretofore, or who may hereafter be appointed a notary public, who shall neglect for six months after the passage of this bill to provide himself with a proper official seal, and who from any cause may be incompetent.

SEC. 5. It shall be sufficient for any one acting as notary public to certify an oath to be used in this Territory in any of the courts, or in any manner whatever, to say simply, in addition to his name, "Notary Public," and all the courts of this Territory shall consider an oath or affidavit properly certified by an acting notary without the impression of his seal or other or further addition.

SEC. 6. This act to take effect and be in force from and after its passage.

[Approved December 31, 1864.]