half to the finder; but if the owner appear before the sale takes place, he may still prove his property and pay the charges as above provided, and the sale may be adjourned therefor.

SEC. 7. If the appraisement of property exceed one hundred dollars, and the property does not consist of domestic animals, it shall be kept two years for the owner's appearance, and the sale provided for in the two preceding sections shall not take place within that time.

SEC. 8. But if the property in any of the cases above contemplated consist of domestic animals, and the notice is given, or the notice filed in the office of the county clerk after the first day of December, and before the first day of April, nine months shall be required to pass before the proceedings to rest the property in the finder, or for a sale to take place, shall be held.

SEC. 9. No person is authorized to take up straying animals (save stallions, jacks, and trespassing animals) except in the civil township in which he resides, nor shall the property in them vest in the finder before the first day of December if taken up after the last day of March.

SEC. 10.

When money other than for costs is paid into the county treasury under any of the preceding sections of this act, the owner of the property will be entitled to the money on making claim thereof within six months from the time it is paid in and proving his right to the satisfaction of the county clerk.

SEC. 11. The certificate of the county clerk, the return of the sheriff or constable, or the affidavit of an indifferent person of the giving of the notices above required, accompanied by one of the notices, or a copy thereof, and filed with the clerk, shall be prima facie evidence of the facts stated in the certificate, return, or affidavit.

SEC. 12. No property such as above described shall vest in the finder unless he has substantially pursued the directions of this act.

SEC. 13. If the charges of the finder cannot be agreed upon by him and the county clerk, or when a claimant appears, by him. and the finder, they shall be settled by the county clerk or a justice of the peace, upon a case made by the above parties, and if the finder refuse to make a case he shall receive no charges, and if the owner refuse the clerk or justice shall decide without it.

SEC. 14. If such a case be made between the finder and the

county clerk, the costs of the case shall be taken from the proceeds of the property; if between the finder and the owner, each shall pay one-half the costs which the clerk or justice may demand before adjudication.

SEC. 15. If the ownership of the property cannot be agreed upon by the finder and the claimant, they may make a case before the county clerk, or any court of competent jurisdiction, who may hear and adjudicate it; and if either of them refuse to make such case, the other may make an affidavit of the facts which have previously occurred, and the claimant shall also verify his claim in his affidavit, and the clerk or court may take cognizance of and try the matter on the other party having one day's notice, but there shall be no appeal from the decision. This section does not bar any other remedy given by law.

SEC. 16. When the property found consists of more than one item or article of property, the value above spoken of as governing the proceeding means their aggregate value.

SEC. 17. As a reward for stopping, taking up, and securing any property as aforesaid, the finder shall be entitled to one dollar at least, and ten per cent on the appraised value above ten dollars, and his expenses in securing and keeping it; but there shall be no compensation allowed for keeping working animals taken up under this act, when used.

SEC. 18. The following charges shall be allowed, viz: To the justice of the peace or the court for the initiatory proceedings, two dollars; to the county clerk, two dollars; and when there is an advertisement in a newspaper the legal rates thereof, two dollars additional fees for printing; to the sheriff or constable the same fees as for similar services in actions before justices; to each appraiser, three dollars; to the justice or court for deciding the case concerning the charges, one dollar, which charges, except the sheriff's and constable's compensation, shall be paid by the finder, and allowed him out of the property, or be paid by the owner.

SEC. 19. No person shall be authorized to take up any stray beast unless he be a citizen and householder, unless he first enter into bond with sufficient sureties to the Territory for the use of the owner in double the amount of the value of the property proposed to be taken up, to be ascertained by the justice of the peace before whom the person wishes to post such stray beast.

SEC. 20. Any person may use an estray beast legally taken up by him, if he do so with care and moderation, and do not abuse or injure it, but in no case shall the finder charge the owner any compensation for the keeping of said estray during the period of his so working it.

SEC. 21. If any estray legally taken up get away or die, without the fault of the finder, he shall not be liable for the same.

SEC. 22. If any person shall sell or dispose of, or take out of the Territory, any estray before the legal title shall be vested in him, he shall forfeit to the county double the value of such estray, and upon conviction may be imprisoned in the county jail not exceeding one year and forfeit to the owner double the value of such property.

SEC. 23. If any person unlawfully take up an estray, or take up an estray and fail to comply with this act, or use or work such estray in any manner contrary to this act, or use or work it before having it appraised, or shall keep the same more than ten days out of the county at any one time before he acquire a title to the same, he shall forfeit to the county twenty-five dollars.

SEC. 24. If any person take up any estray, and violate or fail to comply with this act, or abuse or injure such estray, the owner may recover of him double the amount of all injuries sustained with costs.

SEC. 25. This act shall take effect, and be in force, from and after its passage and approval by the governor.

[Approved January 11, 1865.]

AN ACT concerning the writ of Habeas Corpus.

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

SEC. 1. That every person unlawfully committed, detained, confined or restrained of his liberty, under any pretence whatever, may prosecute a writ of habeas corpus, to enquire into the cause of such imprisonment.

SEC. 2. Application for such writ shall be made by petition,

signed either by the party for whose relief it is intended, or by some person in his or her behalf, and shall specify: First, That the person in whose behalf the writ is applied for, is imprisoned or restrained of his liberty, the officer or person by whom he or she is confined or restrained, and the place where, naming all the parties, if they are known, or describing them if they are known; Second, If the imprisonment be alleged to be illegal, the petition must also state in what the alleged illegality consists; Third, The petition must be verified by oath or affirmation of the party making appli

cation.

SEC. 3. Such writ of habeas corpus may be granted by any judge of the supreme court or district courts at any time, in term or vacation.

SEC. 4. Any judge empowered to grant a writ applied for under this act, if it appear that the writ ought to issue, shall grant the same without delay.

SEC. 5. Such writ shall be directed to the officer or party having such prisoner in custody or under restraint, commanding him or them (as the case may be) to have the body of such person so imprisoned or detained, as is alleged by the petition, before the judge shall direct, specifying in such writ the place where the petition will be heard; to do and receive what shall then and there be considered concerning such person, together with the time and cause of his or her detention, and have then and there such writ.

SEC. 6. If such writ be directed to the sheriff or other ministerial officer, it shall be delivered by the clerk of the court prescribed. by the judge issuing said writ to such officer without delay.

SEC. 7. If such writ be directed to any person other than is specified in the last preceding section, the same shall be delivered to the sheriff or his deputy, and shall be by him served upon such person, by delivering the same to him without delay.

SEC. 8. If the officer or person to whom such writ is directed cannot be found, or shall refuse admittance to the officer or person. serving or delivering such writ, the same may be served or delivered by leaving such writ at the residence of the officer or person to whom it is directed, or by affixing the same on some conspicuous place on the outside of his dwelling-house, or the place where the party is confined or under restraint. The service of said writ is

made by serving a copy and exhibiting the original, and where the posting is required by posting a copy.

SEC. 9. If the officer or person to whom such writ is directed, shall refuse, after due service as aforesaid, to obey the same, it shall be the duty of the judge upon affidavit to issue an attachment against such person, directed to the sheriff, or if the sheriff be defendant, to an elisor appointed for that purpose by the judge, commanding forthwith to apprehend such person and bring him immediately before such judge, and upon being so brought, he shall be committed to the common jail of the county until he make due return of such writ, or be otherwise legally discharged.

SEC. 10. The party upon whom such writ shall be duly served, shall state in his return plainly and unequivocally: First, Whether he have or not the party in his custody or under his power or restraint; Second, If he have the party in his custody or power or under his restraint, he shall also state the authority and cause of such imprisonment or restraint, setting forth the same at large; Third, If the party be detained by virtue of any writ, warrant, or any other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the judge on the hearing of such return; Fourth, If the officer or person on whom such writ shall have been served shall have had the party in custody or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but such officer or person has transferred such custody or restraint to another, the return shall state particularly, to whom, at what time and place, for what cause and by what authority, such transfer took place; Fifth, The return must be signed by the person making the same, and, except when such person shall be a sworn officer, and shall make such return in his official capacity, it shall be verified by his oath or affirmation.

SEC. 11. If the writ of habeas corpus be served, the person or officer to whom the same is directed shall also bring the body of the party in his custody or restraint, according to the command of the writ, except in the case specified in the next two sections.

SEC. 12. Whenever from sickness or infirmity of the person directed to be produced by any writ of habeas corpus, such person cannot, without danger, be brought before the judge, the officer or