after the death of the owner thereof, be exempt from the payment of his debts, in all cases in which any infant children of the said owner shall survive him, and no executor or adminis trator shall have a right to the possession of any real estate so exempted, or to the rents or profits of the same. SEC. 7. The owner of a homestead may remove therefrom, or sell and convey the same, and such removal or sale and conveyance shall not render such homestead subject or liable to forced sale, on execution or other final process, issued against such owner, nor shall any judgment or decree of a court be a lien on such homestead, for any purpose whatever: Provided, That this act shall not be so construed as to, in any manner, relate to judgments or decrees rendered on the foreclosure of mortgages, either equitable or legal. SEC. 8. On the death of the owner of such homestead, the same shall descend to his widow, and she shall take and hold the same during her natural life, freed from the incumbrance of all judgments and claims against the deceased or his estate except mortgages lawfully executed thereon. SEC. 9. That the provisions of this act shall only apply to married men or the head of a family. SEC. 10. This act to take effect and be in force from and after its passage. Approved January 7, 1869. AN ACT authorizing County Clerks to administer Oaths, and for other purposes. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That county clerks and ex officio county recorders of each county of the territory of Montana, be and are hereby authorized to administer legal oaths, and take such acknowledg ments to any instrument of writing now required to be acknowledged by any law of this territory. its SEC. 2. This act to take effect and be in force from and after passage. Approved January 6, 1869. AN ACT to amend an Act entitled "An Act relating to the discovery and possessory right of Placer Mines," approved December 11, 1867. Be it enacted by the Legislative Assembly of the Territory of Montana : SECTION 1. That the act entitled "An Act relating to the discovery and possessory right of placer mines," approved December 11, 1867, so far as the same applies to the counties of Deer Lodge and Missoula, be and the same is hereby repealed. SEC. 2. This act to take effect from and after its passage. AN ACT providing for the admission of Attorneys before the Supreme Court of the Territory of Montana. Be it enacted by the Legislative Assembly of the Territory of Montana : SECTION 1. All attorneys who have been admitted to practice before the district courts of the territory of Montana, may, upon motion, and proof of good moral character, be admitted as attorneys and counselors at law, to practice in the supreme court of the territory of Montana. SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Approved December 15, 1868. AN ACT to amend an Act entitled "An Act relative to the Pre-emption of Town Sites upon Public Lands, and the disposal of Trusts created thereby," approved December 12, 1867. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That section one of said act be amended so as to read as follows: "SECTION 1. That whenever the citizens of any town located, or that may hereafter be located, upon the public lands of the United States, shall desire to obtain title to the town site thus occupied by them, it shall be lawful for the corporate authorities of such town, or if the same be unincorporated, then for the judge of the probate court of the county in which such town is located, whenever such desire of the citizens is certified to such incorporate authori ties, or judge of the probate court, as the case may be, by a petition signed by a majority of the resident property holders of such town, to enter, at the proper land office, so much of the land that such town may be entitled to under the provisions of the act of congress entitled 'An Act for the relief of the inhabitants of cities and towns upon the public lands,' approved March 2, 1867, as may be actually necessary for the purposes of said town, in trust for the several use and benefit of the occupants thereof, according to their respective interests: Provided, That nothing in this act contained shall be so construed as to authorize or empower the said incorporate authorities or probate judge, as the case may be, to enter or to cause to be surveyed, as hereinafter provided, any tract or legal subdivision of land, not actually occupied as a town site, in whole or in part, by the citizens of such town: Provided, further, That no entry of any town site, under the provisions of this act, shall interfere with the prior rights of any person claiming any land under the homestead or pre-emption laws of the United States." SEC. 2. That section eight of said act be and the same is hereby amended, so as to read as follows: "SECTION 8. The number of lots which any one claimant shall be entitled to preempt, under the provisions of this act, shall be two, not exceeding in area four thousand two hundred square feet each, and such additional lot or lots upon which said claimant may have substantial improvements of the value of not less than two hundred and fifty dollars. When any claimant shall make application to enter more than two lots, he shall prove, in addition to other matters of proof required by this act, to the satisfaction of said incorporate authorities or probate judge, as the case may be, by the affidavit of one or more reliable witnesses, the nature, character and actual cash value of the improvements upon such additional lot so sought to be entered by him." SEC. 3. The residue of lots left in the possession of the incor porate authorities or probate judge, as the case may be, and unclaimed, shall be open to settlement and improvement by actual settlers. Whenever any person shall desire to settle upon any such unclaimed lot, he shall file with the incorporate authorities or probate judge, as the case may be, a notice setting forth his settlement upon such lot or lots, particularly describing the same, and the date of his settlement thereon, and thereafter, when he shall make proof of having resided upon such lot or lots for a period of three months continuously, he shall be permitted to pre-empt such lot or lots upon the same terms and conditions as an original resident of such town. SEC. 4. That whenever the term of office of any officer authorized by this act to make entry of a town site shall expire, or he shall resign, or be removed from office, he shall turn over all books and papers relative to such entry to his successor in office, and thereafter the said trust shall be discharged in every particular by such successor. SEC. 5. It shall be the duty of the corporate authorities or county judge, as the case may be, when any town site has been located and surveyed under the provisions of this act, upon the petition of ten resident householders of said town site, to locate and set apart, by and with the advice and approval of the board of school directors of the district in which said town site may be located, a site for a district school, not more than one acre, and the said county judge or corporate authorities shall convey by deed to said board of directors, the lots included in said location, and said board shall manage the same as other school property of the district is managed. And upon the petition of twenty resident householders, as aforesaid, the probate judge or corporate authorities, with the advice and approval of the county superintendent of the county in which said town site is located, shall set apart a site for a college or university, not to exceed twenty acres, and the said location shall be held in trust by the county judge or corporate 'authorities for said college or university: Provided, Said locations shall not include any lot held by a bona fide claimant, nor interfere with vested rights. SEC. 6. That if any portion of said city or town shall fall upon surveyed public lands, which have hitherto been occupied and improved by any person or persons holding and occupying the same in good faith, prior to the passage of said act entitled "An Act relative to the pre-emption of town sites upon public lands, and the disposal of trusts created thereby," it shall be the duty of the corporate authorities or probate judge, as the case may be, if the petition aforesaid shall have been presented to him in pursuance of the provisions of said act, to enter said land in conformity to the legal subdivisions thereof, as authorized by act of congress of the 2nd of March, 1867, and an act to amend the same, approved June 8, 1868, and upon the payment to him of the price paid in entering the same, and such other costs and expenses as are necessarily incurred by virtue of the provisions of this act, to make and deliver to the said occupant or occupants, as the case may be, a good and sufficient deed for the ground occupied by them. SEC. 7. That section fifteen of said act be so amended as to read as follows: "SECTION 15. For the purpose of raising funds to defray the expenses incurred in entering, surveying and platting said town site, the probate judge or corporate authorities, as the case may be, are hereby authorized and empowered to borrow money at the customary rate of interest, and draw his or its draft upon the county or city treasurer, as the case may be, for such amount, which shall be paid out of the money received as the purchase price of lots, as herein before provided, which said funds are hereby pledged and set apart to be applied for this purpose.' SEC. 8. This act to take effect and be in force from and after its passage. Approved January 14, 1869. AN ACT explanatory of an Act entitled "An Act relative to the Pre-emption of Town Sites upon Public Lands, and the disposal of Trusts created thereby." Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That section six of said act be so construed as to embrace and apply to only such portion of any legal subdivision |