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presentation and endorsement, shall draw interest at the rate of ten per cent. per annum.

SEC. 2. This act shall take effect and be in force from and after its passage.

[Approved February 8, 1865.]

AN ACT to provide for Vacancies in the Legislature.

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

SEC. 1. If any member elected to either house of the legislative assembly shall resign during the recess thereof, he shall address and transmit his resignation in writing to the governor; and when any such member shall resign during the session, he shall address his resignation, in writing to the presiding officer of the house of which he is a member; which shall be entered on the journal; in which case, and in all cases of vacancies, happening or being declared during any session of the general assembly, by death, expulsion, or otherwise, the presiding officer of the house in which such vacancy shall happen, shall immediately notify the governor thereof.

SEC. 2. Whenever the governor shall receive any resignation or notice of vacancy, or when he shall be satisfied of the death of any member of either house during the recess, he shall without delay issue a writ of election to supply such vacancy.

SEC. 3. When any vacancy shall happen in the council, for a district composed of more than one county, the writ of election shall be directed to the sheriff of the county first named in the law establishing the district; and when the vacancy shall happen in a district which shall have been divided or altered, after the general election next preceding the occurrence of such vacancy, the writ of election shall be directed to the sheriff of the county first named in such old district; and when any vacancy shall happen in either house for any county which shall have been districted after the general election next preceding the occurrence of such vacancy, the writ of election shall be directed to the sheriff of the old county.

SEC. 4. The sheriff to whom any writ of election shall be delivered, shall cause the election to supply such vacancy to be held within the limits composing the county or district at the time of the next preceding general election, and shall issue his proclamation or notice for holding the election, accordingly, and transmit a copy thereof, together with a copy of the writ, to the sheriff of each of the counties within which any part of such old county or district may lie; who shall cause copies of such notice to be set up, and the election to be held accordingly, in such part of their respective counties as composed part of the old county or district, for which the election is to be held, at the last preceding general election; and returns shall be made, and the certificate of election granted, in all things as if no division had taken place.

SEC. 5. When any district or county shall be so altered or divided during the term for which a member shall be elected, and the new district or county shall be authorized to elect their member before the expiration of the term of the former member, in that case, the election to fill the vacancy shall be held for the district or county as it shall remain after such alteration or division, and not as it was at the last preceding general election.

SEC. 6.

its passage.

This act to take effect and be in force from and after

[Approved February 8, 1865.]

AN ACT concerning Fugitives from Justice.

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

SEC. 1. Whenever the executive of any State, or of any Territory of the United States, shall demand of the executive of this Territory any person who is a fugitive from justice, and shall have complied with the requisitions of the act of Congress in that case made and provided, it shall be the duty of the executive of this Territory to issue his warrant, under the seal of the Territory, to apprehend the said fugitive, directed to any sheriff, coroner, or constable of any county of this Territory, or other person whom the

executive may think fit to entrust with the execution of said process; any of the said persons may execute such warrants anywhere within the limits of this Territory, and convey such fugitive to any place within this Territory which the executive in his warrant shall direct.

SEC. 2. Whenever the executive of this Territory shall demand a fugitive from justice from the executive of any other State or Territory, he shall issue his warrant, under the seal of the Territory, to some messenger, commanding him to receive the said fugitive and convey him to the sheriff of the proper county where the offence was committed

SEC. 3. The expenses which may accrue under the last preceding section, being first ascertained to the satisfaction of the executive, shall, on his certificate, be allowed and paid out of the Territorial treasury on the warrants of the auditor.

SEC. 4. Whenever any person within this Territory shall be charged, upon the oath or affirmation of any credible witness before any judge or justice of the peace, with the commission of any treason, murder, rape, robbery, burglary, arson, larceny, forgery, or counterfeiting, in any other State or Territory of the United States, and that the said person hath fled from justice, it shall be lawful for the said judge or justice of the peace to issue his warrant for the apprehension of said person. If upon examination it shall appear to the satisfaction of such judge or justice that the said person is guilty of the offence alleged against him, it shall be the duty of the judge or justice to commit him to the jail of said county, or if the offence be bailable according to the laws of this Territory, to take bail for his appearance at the next district court to be holden in that county. It shall be the duty of the said judge or justice to reduce the examination of the prisoner and those who bring him to writing, and to return the same to the next district court of the county where such examination is had as in other cases, and shall also send a copy of the examination and proceedings to the executive of this Territory as soon thereafter as may be. If in the opinion of the executive of this Territory the examination so furnished contains sufficient evidence to warrant the finding of an indictment against such person, he shall forthwith notify the executive of the State or Territory wherein the crime is alleged to have been committed of the proceedings which have been had

against such person, and that he will deliver such person on demand. When such demand shall have been made, the executive of this Territory shall forthwith issue his warrant, under the seal of the Territory, to the sheriff of the county in which the said person is committed or bailed, commanding to surrender him to such messenger as shall be therein named, to be conveyed out of this Territory. If the said person shall be out on bail, it shall be lawful for the sheriff to arrest him forthwith anywhere within the Territory, and to surrender him agreeably to said warrant.

SEC. 5. In case where a party has been admitted to bail, and shall appear at the district court according to the condition of his recognizance, and no demand shall have been made of him, it shall be in the power of said court to discharge the said recognizance or continue it according to the circumstances of the case, such as the distance of the place where the offence is alleged to have been committed, the time that hath intervened since the arrest of the party, and the strength of the evidence against him. If no demand be made upon the sheriff for him within that time, he shall be discharged from prison, or exonerated from his recognizance, as the case may be.

SEC. 6. If the recognizance shall be forfeited it shall enure to the benefit of the Territory.

SEC. 7. In all cases where complaint shall be made as aforesaid against any fugitive from justice, it shall be the duty of the judge or justice to take good and sufficient security for the payment of all costs which may accrue from other cases for the like services. Nothing herein contained shall prevent the clerk from instituting suit on said bonds in the ordinary mode of judicial proceedings if he shall deem it proper.

SEC. 8. If any person charged with or convicted of treason, murder, rape, robbery, burglary, arson, larceny, forgery, or counterfeiting, shall break prison, escape, or flee from justice, or abscond, or secrete himself, in such cases it shall be lawful for the governor, if he judge it necessary, to offer any reward not exceeding five hundred dollars for apprehending and delivering such person into custody of its sheriff or other officers as he may direct. The person or persons so apprehending and delivering any such person as aforesaid, and producing to the governor, the sheriff, or justice receipt for the body, it shall be lawful for the governor to

certify the amount of said claim to the auditor, who shall issue his warrant on the treasury for the same.

SEC. 9. This act to take effect from and after its passage and approval by the governor.

[Approved February 8, 1865.]

AN ACT defining the duties of Territorial Auditor and Treasurer of the Territory of Montana.

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

SEC. 1. That the auditor of the Territory shall issue warrants drawn upon the Territorial treasury in favor of all persons to whom the legislative assembly may direct in such fractional parts of the amount as said persons may demand; Provided, It shall not be in a less sum than five dollars, unless the amount due be less than five dollars.

SEC. 2. That the auditor shall keep a record of all accounts presented to him, and for which warrants shall have been issued.

SEC. 3. That he shall furnish the collectors of each county or district with blank licenses and receipts of money collected or to be collected, subscribed by himself, taking said collectors receipt for the same.

SEC. 4. He shall prepare and report to the legislative assembly at the commencement of each regular session a full and detailed account of the condition of the revenue, and expenditures of the preceding year, with estimates for the amount of revenue and expenditures for the succeeding year, together with such plans as a careful examination may suggest for the support of the public credit, for promoting frugality and economy in the expenditures, and generally for the more perfect understanding of the fiscal affairs of the Territory; show the amount of the appropriations made by law, and the amount paid under the same; show the amount of revenue chargable to each county, and the aggregate of each object of taxation.

SEC. 5. He shall direct prosecution in the name of the Terri

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