of Montana in the sum of

dollars, to be levied on his goods, chattels, lands and tenements; to be void, however, upon his appearing in the district court of the said county of

on

the first day of its next term, (or if the recognizance is taken in term time, then it must require on some day of the term to be herein designated,) to testify on behalf of the plaintiff (or defendant) in the abovenamed prosecution, and not to depart without leave of said court.

Taken, subscribed and acknowledged the day and year first above written.

G. H.

A. B., Justice of the Peace.

FORM OF MITTIMUS IN CASES NOT BAILABLE.

TERRITORY OF MONTANA, ?

County of

SS.

In the name and by the authority of the Territory of Montana : To the keeper of the common jail of said county: You are commanded to receive into the common jail of

county, E. F., and him safely keep, until discharged by due course of law, he having been held by me, as an examining court, for trial in the district court of county, on the charge of after first having inquired into the truth and probability of said charge exhibited against him, by the oaths of all the witnesses attending such examination.

Given under my hand as justice of the peace of

FORM OF MITTIMUS IN BAILABLE CASES.

TERRITORY OF MONTANA,

County of

SS.

In the name and by the authority of the Territory of Montana : To the keeper of the common jail of said county: You are hereby commanded to receive into the jail of said county, E. F., and him safely keep until discharged by due course of law, he having been held, by me as an examining court, for trial in the district court of county, on the charge of after first

having enquired into the truth and probability of said charge exhib

ited against him, by the oaths of all the witnesses in attendance on such examination, and allowed in the sum of

for default of which he is committed to jail.

Given under my hand as justice of the peace of

county, this

day of

18

dollars,

A. B., Justice of the Peace.

FORM OF AN INDORSEMENT ON THE FOREGOING.

E. F., of

J. L., of

18

county, Territory of Montana, and G. H. and county, Territory of Montana, appeared person

ally before me, the undersigned, a justice of the peace of county, and severally and jointly acknowledged themselves indebted to the Territory of Montana in the sum of

dollars,

to be made levied upon their respective goods and chattels, lands and tenements; to be void, however, if the said E. F., who has been committed to the common jail of county, shall personally be and appear at the next term of the district court of day thereof to answer an indict

county, on the

ment to be prepared against him for the offence of

and to do and receive what shall be by said court enjoined upon him, and shall not depart the said court without leave.

Witness our hands this

day of

18.

E. F.

G. H.

J. L.

Taken, and subscribed, and acknowledged, the day and year first above written.

In the name and by the authority of the Territory of Montana:

To any constable of said county, and to the keeper of the common jail thereof:

We command you, the said constable, forthwith to convey and deliver into the custody of the said keeper the body of C. D.; it appearing by the examination of the said C. D., on oath before me, one of the justices of the peace of said county, that he is a material witness against the said E. F., on a charge of and

it having been adjudged by me that the said offence has been committed, and that there is probable cause to believe the said E. F. to be guilty thereof; and the said C. D. having been required to enter into recognizance in the sum of dollars for his personal appearance at the next term of the district court of county, on the first day thereof, to give evidence on behalf of the Territory against the said E. F. for the offence aforesaid, with which requisition the said C. D. has refused to comply. And you, the said keeper of the said jail, are hereby required to receive the said C. D. into your custody in the said jail, and him safely keep until he shall enter into such recognizance, or be otherwise discharged according to law.

Given under my hand this

day of

18.

A. B., Justice of the Peace.

FORM OF WARRANT TO DISCHARGE A PRISONER UPON HIS FINDING SURETIES AFTER COMMITMENT.

In the name and by the authority of the Territory of Montana: To the keeper of the common jail of said county:

Discharge from imprisonment E. F., if detained in your custody for no other cause than what is mentioned in the warrant for his commitment under the hand of A. B, Justice of the Peace, dated the day of

Given under my hand this

18

A. B., Justice of the Peace. [Approved February 9, 1865.]

AN ACT concerning Limitations.

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

SEC. 1. Civil actions can only be commenced within the periods prescribed by this act, after the cause of action shall have accrued, except where a different limitation is prescribed by statute.

SEC. 2. No action for the recovery of mining claims, (lode claims excepted,) or for the recovery of possession thereof, unless that it appear that the plaintiff or his assigns was seized or possessed of such mining claims within one year before the commencement of such action.

SEC. 3. Any peaceable entry upon real estate shall be deemed sufficient and valid as a claim unless an action be commenced by the plaintiff for possession within one year from the making of such entry, or within three years from the time when the right to bring such action occurred.

SEC. 4. In every action for the recovery of real property or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time prescribed by law, and the occupation of the premises by another shall be deemed to have been under such legal title, unless it appear that such premises shall have been held and possessed adversely to such legal title for three years before the commencement of the action.

SEC. 5. For the purpose of constituting an adverse possession by any person claiming a title, founded upon a written instrument or judgment, or decree laid, it shall be deemed to have been possessed and occupied in the following cases: First, Where it has been usually cultivated and improved. Second, Where it has been protected by a substantial enclosure. Third, Where (although not enclosed) it has been used for the purposes of husbandry or pasturage, or for the ordinary uses of the occupant. Fourth, When a known lot or single farm not exceeding one hundred and sixty acres in extent has been partly improved, the portion of such farm

or lot that may have been left, not cleared, or not enclosed according to the usual course or custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

SEC. 6. When it shall appear that there has been an actual continued occupation of the premises under a claim of title, exclusive of any other right, but not founded upon any written instrument or judgment or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.

SEC. 7. For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only: First, When it has been enclosed by a good and substantial fence. Second, When it has been usually cultivated or improved.

SEC. 8. Actions other than those for the recovery of real property within two years, an action upon a judgment or decree of any court of the United States, or of any State or Territory within the United States, when it shall appear from the record thereof, that the defendant has been personally served with process, or has appeared to the action, upon which such judgment or decree was rendered, within four years upon any contract, obligation, or liability founded upon an instrument, except those mentioned in the preceding section, within three years: First, An action for waste or trespass upon real property. Second, An action upon a liability created by a statute, other than a penalty or forfeiture. Third, An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property. Fourth, An action for relief on the ground of fraud. The cause of action in such case shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud, within two years: First, An action against a sheriff, coroner or constable upon the liability incurred by the doing of any act in his official capacity, and in virtue of his office or by the omission of an official duty. Second, An action upon a contract, obligation or liability not grounded upon an instrument of writing. Third, An action upon a statute for a penalty or a forfeiture, when the action is given to an individual, or to an individual and the Territory, except where the statute imposing it prescribes a different limitation.