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

[Approved January 12, 1865.]

passage.

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 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. 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.]

AN ACT relative to Elections.

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

SEC. 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, they shall be citizens of the United States, and shall have resided in the Territory twenty days, and in 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; the election for delegate and other officers as may be provided for, shall take place on the first Monday of September, A. D. 1865, and every two years thereafter.

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 clection. 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 hereinbefore 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

time, fill such vacancies which may occur in the offices of judges of election in any township within their respective counties.

SEC. 7. The clerks of the several boards of county commissioners shall, at least thirty days before any general election, and at least fifteen days before any special election, make out and deliver to the sheriff of the county, or to a justice of the peace of any county attached for judicial purposes, three written notices for each township or precinct, said notices to be as near as circumstances will admit, as follows:

of

Notice is hereby given that on the first Monday of April or September, as the case may be, at the house of in the county an election will be held for territorial, county, township or precinct officers, (naming the offices to be filled, as the case may be,) which election will be open at eight o'clock in the morning, and continue open until six o'clock in the afternoon of the same day.

Dated this

day of (Signed,)

A. D. 18

as the case may be. H. B.,

Clerk of the Board of County Commissioners.

SEC. 8. The sheriff aforesaid, to whom such notices shall be delivered as aforesaid, shall cause to be put up in three of the most public places of each township or precinct, the notices referring to the election in such township or precinct, at least ten days previous to the time of holding any general election, and at least seven days. previous to holding any special election, and in cases where townships or precincts may be set off, by leave, as election precincts,. said notices shall be posted as follows: one at the house where the election is authorized to be held, and the others at two most publicand suitable places in the township or precinct.

SEC. 9. Previous to votes being taken the judges and clerks of election shall take and subscribe the following oath :

I, A. B, do solemnly swear or affirm that I will perform the duties of judge of the election (or clerk, as the case may be) according to law and the best of my ability, and that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the

same.

SEC. 10. In case there shall be no judges or justices of the peace present at the opening of the election, or in case such judge or justice of the peace shall be appointed judge or clerk of the