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be paid the collector, and fifteen dollars to the prosecuting attorney prosecuting the suit.

SEC. 15. Upon the trial of any criminal action provided for by this act, the defendant shall be deemed not to have procured the proper license unless he either produce it or prove that he did procure it; but he may plead in bar of the criminal action a recovery and payment by him, in a civil action, of the proper license money, damages and costs. The money collected for licenses provided for in this and the preceding sections, shall be paid into the county treasury, sixty per cent: for the use of the county and forty per cent. for Territorial purposes.

SEC. 16. The license provided for in this act shall commence on the first day of March, one thousand eight hundred and sixtyfive; and all proper orders drawn on the county treasurer or Territorial treasurer shall be receivable for said license

SEC. 17. This act shall take effect from and after its passage. [Approved February 9, 1865.]

AN ACT defining the Boundary Lines of Counties in Montana Territory.

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

SEC. 1. That all that portion of Montana Territory embraced within the following boundaries be, and the same is hereby, created a county, to be known as Missoula County, to wit: commencing at a point of intersection of the parallel of latitude forty-nine degrees with the line of longitude one hundred and sixteen degrees, thence along said line of longitude south to the summit of the Bitter Root Mountains, and along the summit of the Bitter Root Mountains, in a southerly direction, to the summit of the Rocky Mountains, and along said summit of the Rocky Mountains, dividing Deer Lodge Valley from Bitter Root Valley, in a north-westerly direction, to meredian of longitude one hundred and thirteen degrees and thirty minutes to the parallel forty-nine degrees, and along said parallel of latitude to place of beginning; and the county seat of said county of Missoula is hereby located at Hell Gate.

SEC. 2. Be it further enacted, That all that portion of the Territory of Montana embraced in the following boundaries be, and the same is hereby, created a county, to be known as Deer Lodge County, to wit: commencing at the point of the intersection of the parallel of latitude forty-nine degrees with the line of longitude one hundred and thirteen degrees and thirty minutes, thence along the said forty-ninth parallel to meridian of longitude one hundred and twelve degrees, and thence south along said one hundred and twelfth meridian to the Big Hole River, thence up said Big Hole River to the intersection of parallel of latitude forty-five degrees and fifty minutes with meridian of longitude one hundred and twelve degrees and fifty minutes, thence west along the line fortyfive degrees and fifty minutes to the boundary line of Missoula County, thence along said boundary line north to the place of beginning; and the county seat of said Deer Lodge County is hereby located at Silver Bow.

SEC. 3. Be it further enacted, That all that portion of Montana Territory embraced within the following boundaries be, and the same is hereby, created a county, to be known as Beaver Head County, to wit: commencing at a point where the one hundred and twelfth meridian of longitude intersects or crosses the Big Hole River, thence south along said meridian to the boundary of the Territory, thence along the boundary of said Territory to the southern boundary of Missoula County, thence along the boundary of Missoula County to the southern boundary of Deer Lodge County, thence along the southern boundary of Deer Lodge County to the place of beginning; and the county seat of said Beaver Head County is hereby located at Bannock City.

SEC. 4. Be it further enacted, That all that portion of the Territory of Montana embraced within the following boundaries be, and the same is hereby, created a county, to be known as Madison County, to wit: commencing at the point where the line of longitude one hundred and eleventh degree crosses the Rocky Mountains, thence due east to the point of the dividing ridge or range between the waters of the Madison and Gallatin Rivers, thence along said dividing range to the southern boundary of the Territory, thence along said boundary to the eastern boundary of Beaver Head County on meridian of longitude one hundred and twelve degrees, thence along said meridian of longitude north to where the

same crosses the summit of the Rocky Mountains, thence east to the place of beginning; and the county seat of Madison County is hereby located at Virginia City.

SEC. 5. Be it further enacted, That all that portion of the Territory of Montana embraced within the following boundaries be, and the same is hereby, created a county, known as Jefferson County, to wit: commencing at a point where the meridian of longitude one hundred and eleventh degree intersects or crosses the northern boundary of Madison County, thence along said northern boundary of Madison County to meridian of longitude one hundred and twelve degrees, thence north along said meridian of longitude to the Bald Mountains at the head of Ten Mile Creek, thence along the dividing ridge between Prickly Pear and Ten Mile creeks to the foot of the mountains; thence east to the south side of Vermillion Bute on the Missouri River, thence up said Missouri River to meridian of longitude one hundred and eleven degrees; thence south along said meridian to the place of beginning. And the county seat of said Jefferson County is hereby located at Jefferson City.

SEC. 6. Be it further enacted, That all that portion of the Territory of Montana embraced in the following boundaries be, and the same is hereby, created a county, to be known as Edgerton County, to wit: commencing at the northeast corner of Jefferson County, on the Missouri River; thence down said Missouri River to the mouth of Sun River; thence up said Sun River to the eastern boundary of Deer Lodge County; thence south along said boundary of Deer Lodge County to the northern boundary line of Jefferson County; thence easterly along said boundary line to the place of beginning. And the county seat of said Edgerton County is hereby located at Silver City.

SEC. 7. Be it further enacted, That all that portion of Montana Territory embraced within the following boundaries be, and the same is hereby, created a county, to be known as Gallatin County, to wit: commencing at the intersection of the one hundred and ninth meridian of longitude with the forty-seventh parallel of latitude; thence south along said meridian of longitude to the forty-fifth parallel of latitude; thence west on said parallel of latitude to the eastern boundary line of Madison County; thence northerly along said boundary line to the northeast corner of Mad

ison County; thence west along the northern boundary of Madison County to the eastern boundary of Jefferson County; thence northerly along said eastern boundary of Jefferson County to the Missouri River, thence down said Missouri River to the forty-seventh parallel of latitude; thence east along said parallel to the place of beginning. And the county seat of said Gallatin County is hereby located at the town of East Gallatin.

SEC. 8. Be it further enacted, That all that portion of the Territory of Montana embraced in the following boundaries be, and the same is hereby, created a county, to be known as Choteau County, to wit: commencing at the intersection of the one hundred and eighth meridian of longitude with the forty-ninth parallel of latitude; thence south along said meridian of longitude to the forty-seventh parallel of latitude; thence west on said parallel of latitude to the Missouri River; thence down said Missouri River to the mouth of Sun river; thence up Sun River to the one hundredth meridian of longitude; thence north along said meridian of longitude to the forty-ninth parallel of latitude; thence east along said parallel of latitude to the place of beginning. And the county seat of the said Choteau County is hereby located at Fort Benton.

SEC. 9. Be it further enacted, That all the remaining portion of the Territory of Montana, not included in the counties before named in this act be, and the same is hereby, created a county, to be known as Big Horn County, and shall be attached, for legislative and judicial purposes, to the County of Gallatin.

SEC. 10. The people of the several counties in this Territory may, by a vote at the first election to be held in this Territory, locate the county seat of their respective counties.

SEC. 11.

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

its passage.

[Approved February 2, 1865.]

AN ACT to provide for Marks instead of Signatures.

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

SEC. 1. The signature of a party when required to a written instrument, shall be equally valid if the party cannot write: Provided, The person make his mark, and the name of the person making the mark being written near it; and the mark being witnessed by a person who writes his own name upon such instrument as a witness.

SEC. 2. This act to take effect and be in force from and after its approval by the governor.

AN ACT to repeal an Act entitled an Act to provide a Uniform System of Territorial and County Revenue, and for the assessing and collecting the same.

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

SEC. 1. That the act to provide a uniform system of Territorial and county revenue, and for the assessing and collecting the same, passed by the Legislature of Idaho at its first session, and approved February the fourth A. D. 1864, and found on pages 395 and 434 inclusive, be and the same is hereby repealed.

SEC. 2. That all suits, prosecutions or indictments now pending in all courts in the Territory, for the collection of revenue under said act, are hereby dismissed at the costs of the Territory. SEC. 3. This act to be in force from and after its passage.

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