meeting be held to levy a tax on all the taxable property in the district, the property of non-residents shall be assessed in equal proportion with the rest, and in neither case shall any tax exceed fifty cents on the hundred dollars valuation on taxable property according to the valuation made for the assessment of county taxes. SEC. 14. The directors of any district may permit scholars living in another district to attend their school with or without charge, and persons over the age of twenty-one years at such rates of tuition per month as they may deem proper, and in all cases under this act, a month of tuition shall consist of four weeks of five days to a week.

SEC. 15. There shall be an annual school meeting held in each district upon the first Friday in November, and notice of all annual and special meetings shall be in writing, signed by the directors or clerk of the district, and shall state the object for which the meeting is called, and shall be posted in three public places in the district, at least six days previous to holding said meeting.

SEC. 16. Every white male inhabitant over the age of twentyone years, who shall have paid or be liable to pay any district tax, shall be a legal voter at any school meeting, and no other person shall be allowed to vote.

SEC. 17. The tax-payers may, with the consent of the directors of their district, perform by labor their portion of taxation for the erection of school-houses, and shall be so returned by the clerk of said district.

SEC. 18. No person shall be disqualified to hold the office of county superintendent, district director, or clerk, on account of holding any other office within the Territory at the same time.

SEC. 19. The governor may appoint county superintendents under this act to hold their office until such time as others may be elected and qualified.

SEC. 20. This act shall be in force from and after its passage.

[Approved February 7, 1865.]

AN ACT concerning the Foreclosure of Mortgages.

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

SEC. 1. All mortgagees of real estate, and mortgagees of personal estate, when the debt or damages secured amounts to fifty dollars or more, may file a petition in the office of the district or probate court against the mortgageor, and the actual tenants or occupants of such real estate, or persons in possession of such personal property, setting forth the substance of the mortgage deed, and praying that judgment may be rendered for the debt or damage, and that the equity of redemption may be foreclosed and the mortgaged property sold to satisfy the amount due.

SEC. 2. Deeds of trust, in the nature of mortgages, may, at the option of the cestui que trust, their executors, administrators, or assigns, be foreclosed by them, and the property sold in the same manner in all respects as in cases of mortgages.

SEC. 3. If any part of the property be real estate, the petition may be filed in any county where any part of the mortgaged premises is situated; if it be exclusively personal estate, it may be filed and proceeded with as in other civil actions.

SEC. 4. In case of the death of the mortgagee or his assignee, or of the mortgageor, whether before or after action is brought, the personal representative of the deceased party shall be made plaintiff or defendant as the case may require.

SEC. 5. Summons shall issue and be served and returned in like time and manner as in ordinary civil actions.

SEC. 6 Any person claiming an interest in the mortgaged property may on motion be made defendant to any such proceedings, and may answer an avoidance in bar of the deed or debt or damage, and issue shall be made and tried as in ordinary civil

actions.

SEC. 7. All incumbrance or persons having an interest existing at the commencement of the suit, subsequent as well as prior in date to the plaintiff's mortgage, provided the same shall be of record in the county where the same may be situated at the com

mencement of the suit, shall be made parties, otherwise they shall not be bound by the judgment.

SEC. 8. If any plaintiff shall allege in his petition that the mortgageor or other defendant is not a resident of this Territory, or that his place of residence is unknown, or that he is dead, and there is no personal representive in this Territory, or that his name or place of residence is unknown, the clerk of court, being satisfied of the truth of any such facts, shall make an order of publication, which shall conform as near as may be to orders of publication in ordinary civil actions, and shall be published in like manner as said orders.

SEC. 9. Judgment by default shall be rendered against any defendant who, after being summoned or notified, shall not appear and answer at the time allowed in ordinary actions.

SEC. 10. When the mortgageor is not summoned, but notified by publication, and has not appeared, the judgment, if for the plaintiff, shall be that he recover the debt and damage or damages found to be due, and costs, to be levied on the mortgaged property, describing it as in the mortgage.

SEC. 11. When the mortgageor has been duly summoned or appears to the action, the judgment, if for the plaintiff, shall be as in the preceding section specified, with the addition that if the mortgaged property be not sufficient to satisfy said debt and damage or damages and costs, then the residue to be levied on other goods, chattels, lands, and tenements of said mortgageor.

SEC. 12. The execution to be issued should be a special fieri facias, directed to the sheriff, and shall be in conformity to the judgment.

SEC. 13. Such writs shall be returnable as executions, and the advertisement, sale and conveyance of real or personal estate under the same shall be made as under ordinary executions.

SEC. 14. If such mortgage be for real estate, such writ of fieri facias shall be directed to the sheriff of the county in which the same is situated, and if it be for personal property it may be directed to any county.

SEC. 15. A purchaser under a sale by virtue of an execution on a judgment, under this act, shall take a title as against the parties to the suit, and he shall not be permitted to set it up against the subsisting equity of these incumbrances who are not parties to

the same, and who are required to be made parties thereto by the seventh section of this act.

SEC. 16. When the personal representative of the mortgagee has been duly summoned, or appears to the action, the judgment, if for the plaintiff, shall be as before directed; and if in such case the mortgaged property be sufficient to satisfy the debt and damage or damages and costs, the judgment as to the residue shall have the effect of a judgment against an executor or administrator as such. SEC. 17. Mortgages of leasehold estate shall be proceeded on as in mortgages of real estate.

SEC. 18. In all suits commenced in virtue of this act the proceedings shall conform as near as may be to the proceedings in civil actions.

SEC. 19. In all mortgages in which personal estate only is conveyed, and the debt exclusive of interest secured by the same shall not exceed one hundred dollars, it shall and may be lawful for the mortgagee or his personal representative, upon default being made in the payment of the mortgaged debt by the mortgagee or his legal. representative, to sell the mortgaged property, or so much thereof as will satisfy the debt, giving the mortgageor, after default shall have been made in the payment of the mortgaged debt, sixty days previous notice in writing that the mortgaged property will be sold unless the debt secured by it is paid, and the giving thirty days notice of the time and place of sale, the notice to be published in the same manner as a sheriff's notice of the sale of real estate.

SEC. 20. All mortgages of real and personal property, or both, with power of sale in the mortgagee, and all sales made by such mortgagee or his personal representative, in pursuance of the provisions of such mortgages, shall be valid and binding by the laws of this Territory upon the mortgagees and all persons claiming under them, and shall forever foreclose all right and equity of redemption of the property so sold.

SEC. 21. If any mortgagee, trustee, or cestui que trust, his executor, administrator, or assignee, receive full satisfaction of any mortgage or deed of trust, he shall at the request of the person making the same acknowledge satisfaction of the mortgage or deed of trust on the margin of the record thereof, or deliver to such person a sufficient deed or release to the mortgage or deed of trust.

SEC. 22. If any such person thus receiving satisfaction do not

within thirty days after requested acknowledge satisfaction on the margin of the record, or deliver to the person making satisfaction a sufficient deed of release, he shall forfeit to the party aggrieved ten per cent. upon the amount of the mortgage or deed of trust money, absolutely, and any other damages he may be able to prove he has sustained, to be recovered in any court of competent jurisdiction.

SEC. 23. Any attorney in fact, to whom the money due on any mortgage or deed of trust is paid, shall have power to execute said release, as specified in section twenty-one of this act. Such acknowledgment of satisfaction thus made, or such deed of release duly acknowledged and recorded, shall have the effect to release the mortgage or deed of trust, and bar all actions brought thereon, and revest in the mortgagee or person who executed the deed of trust, or his legal representative, all title to the property contained in such mortgage or deed of trust.

SEC. 24. If such property be redeemed by payment to the officer before the sale, such officer shall make a certificate thereof, and acknowledge the same before some officer authorized to take acknowledgments of deeds, and such certificate shall be recorded in the office in which the mortgage or deed of trust is recorded, and shall have the same effect as satisfaction entered on the margin of the record.

SEC. 25. This act to take effect and be in force from and after its passage.

[Approved February 8, 1865.]

AN ACT authorizing County Commissioners to Pay Interest on County Warrants.

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

SEC. 1. That all county warrants heretofore drawn, or that may hereafter be drawn, by the proper authorities of any county, shall, after having been presented to the county treasurers of the respective counties of this Territory, and by them endorsed not paid for want of funds in the treasury, from and after said date of