ment, and be fed upon bread and water, or subjected to such like punishment by the officers having the same in charge, until the said prisoner or prisoners shall agree to do and perform the labor assigned in a satisfactory manner, and with due diligence and care. CHAPTER XXXVI. JOINT RIGHTS. Sec. 1. On death of joint tenant interest to descend to heirs, not to survivor. Sec. 2. Injury by joint tenant to joint property; what action to be brought. Sec. 3. All joint obligations to be joint and several. Section 1. If any partition be not made between joint tenants, the property of those who die first shall not accrue to the survivor or survivors, but descend or pass by devise, and shall be subject to debts, dower, charges, &c., or transmissible to execution or administration, and be considered to every intent and purpose in the same view as if such deceased joint tenants had been tenants in common. Sec. 2. If any person shall assume and exercise exclusive ownership over, or take away, destroy, lessen in value, or otherwise injure or abuse any property held in joint tenancy, tenancy in common, or copartenary, the party aggrieved shall have his action of trespass or trover for the injury in the same manner as he would have if such joint tenancy, tenancy in common, or copartenary did not exist. Sec. 3. All joint obligations and covenants shall hereafter be taken and held to be joint and several obligations and covenants. CHAPTER XXXVII. JURORS. Sec. 1. County commissioners to select jurors; manner of selection, &c. Sec. 2. List delivered to clerk; who shall issue venire. Sec. 3. Venire to be returned to clerk-when. Sec. 4. Box to be locked; key kept by clerk. Sec. 5. Manner of drawing and summoning additional jurors. Sec. 6. Selection of grand jurors; time of summons. Sec. 7. Selection of additional grand jurors. Sec. 8. Who are competent jurors. Sec. 9. Who are exempt from serving on jury. Sec. 10. Penalty for non-attendance of jurors. Section 1. The county commissioners of any county in which a term of the district court is or may be held shall, at least twenty days prior to the commencement of said term of court, select the names of one hundred persons lawfully qualified to serve as jurors, from the county assessor's books of the county, provided that number of names are contained in such assessor's book, and the names of the persons so selected, after being written on separate slips of paper, shall be deposited in a box to be provided for such purpose, and from the names so deposited the county commissioners shall alternately draw the names of eighteen persons, who shall be summoned as trial jurors for the next ensuing term of such district court. Sec. 2. The list of names so drawn and certified to by the clerks of the county commissioners as selected by them, shall thereupon be delivered to the clerk of the court from (for) which such jury may be drawn. The clerk, upon the receipt of the same, shall immediately issue a venire directed to the sheriff of the county, commanding him to summon the persons so named as trial jurors for such term of court, and the sheriff shall summon such named persons at least five days prior to the commencing of such term of court. Sec. 3. The venire, as provided for in section two of this act, shall be returned to the clerk of such court by the sheriff aforesaid at least two days before the commencement of such term of court, and such venire, after its return, shall be subject to the inspection of any officer or attorney of the court. Sec. 4. The box containing the residue of the names of the jury list, as aforesaid, shall, after such drawing, be locked up and the key deposited with the clerk of the court for which the jury is summoned, and by him safely kept for future use by the aforesaid officer or as further provided in this act. Sec. 5. When at any time during a term of the court it shall become necessary to summon other jurors than as herein before provided for, the clerk shall, in open court, under the direction of the judge thereof, from such box draw a sufficient number of names to constitute additional trial jurors during such term of court: Provided, In case any such jurors so drawn reside at a great distance from the place where the court is held, the court may, in its discretion, dispense with summoning such juror, and order another to be drawn instead thereof, and the clerk shall issue a venire, directed to the sheriff, for the summoning of such person as trial juror, and the sheriff shall proceed forthwith to summon the same as such trial juror, and, with all possible diligence, make return with his proceeding thereon. Sec. 6. It shall be the duty of the board of county commissioners of the county, at least twenty days prior to the assembling of a court authorized by law, to inquire into public affairs by the intervention of a grand jury, to select the names of twenty persons eligible to serve as jurors, and, upon a venire being issued by the clerk of such court, the sheriff shall, at least five days prior to the meeting of the court, summon said persons to appear on the first day of the next term, and from such panel the court shall select sixteen persons who shall constitute such grand jury. Sec. 7. When, from any cause, on the meeting of, or during the term of a court authorized by law to inquire into public offences by the intervention of a grand jury, and a grand jury is wanted, and there is not a sufficient number of jurors present, or those summoned have been discharged, a sufficient number to complete such grand jury, or constitute a new grand or trial jury, as the case may be, it shall be lawful for such judge and sheriff to prepare a list of the names of a sufficient number of persons competent to serve as trial or grand jurors, and deposit such names in a box, and, at any time during the term of the court when a juror shall be required, names of persons shall be drawn therefrom by the clerk, as provided in section five of this act. Sec. 8. Any white male person of lawful age who is a citizen of the United States, a tax payer, and a bona fide resident of the county, shall be competent to serve as a grand or trial juror. Sec. 9. The following persons shall be exempted from serving as grand or trial jurors, viz.: All priests or ministers of the gospel, attorneys and counsellors at law, practicing physicians, all county, township, or territorial officers, editors, and regularly enrolled firemen, in active service, not exceeding sixty-five in number to each company, and all idiots and insane persons. Sec. 10. Any person summoned, as aforesaid, to serve as a juror, who shall fail to attend, unless excused by the court, shall be fined in any sum not exceeding fifty dollars, at the discretion of the court, and be imprisoned in the county jail until such fine is paid. CHAPTER XXXVIII. LAWS. (See ante chap. 13.) Sec. 1. Laws, &c., when to take effect. Sec. 2. Laws, &c., which do not take effect immediately, when to be in force. Sec. 3. Form of enacting clause. Section 1. All acts and joint resolutions which declare that they take effect from and after their passage and approval by the governor, are hereby declared to so take effect only at the seat of government; and in other portions of the territory allowing fifteen miles from the seat of government for each day. Sec. 2. All acts and joint resolutions which do not take effect from and after their passage and approval by the governor, shall take effect and be in force in all parts of this territory upon the day named in such act or joint resolution. Sec. 3. That all acts of the legislative assembly of the territory of Montana shall be designated, known, and acknowledged in each such act of said legislative assembly as follows: Be it enacted by the legislative assembly of the territory of Montana: CHAPTER XXXIX. LEGISLATURE. (See post chap. 62.) Sec. 1. Resignations to be addressed to the governor-when; to presiding officer—when. Sec. 2. Governor to issue writ of election to fill vacancy. Sec. 4. Sheriff shall cause election to be held. Sec. 5. When district altered or divided, how election to be held Section 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. CHAPTER XL. LIENS. Sec. 1. Mechanics to have liens; extent of. Sec. 2. Lien of sub-contractor; notice of. Sec. 3. Sub-contractor to file statement-when. Sec. 4. Employer to become surety to sub-contractor—when. Sec. 6. Time of filing statement of indebtedness by all persons other than sub-contractors. Sec. 7. Recorder to keep index of liens filed. Sec. 8. Liens to have priority in the order of filing. Sec. 9. Employer's interest in land subject to lien; building may be sold and removed. Sec. 10. When lien shall attach. Purchaser of building may remove same. |