as shall be outside of the limits of ground actually occupied by the inhabitants of such town.

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

Approved January 15, 1869.

AN ACT concerning the drawing of Jurors in Deer Lodge and Madison Counties.

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

SECTION 1. The county commissioners of Deer Lodge and Madison counties, when a term of the district court may hereafter 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, 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 thirty persons, who shall be summoned as trial jurors for the next ensuing term of such district court.

SEC. 2. That it shall be the duty of the commissioners of Deer Lodge and Madison counties, 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 sixteen 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 said court, summon said jurors to appear on the first day of the next term, and from such panel the court shall select twelve persons, who shall constitute such grand jury: Provided, The board of county commissioners of said counties shall not require a grand jury oftener than once every six months.

SEC. 3. If any officer shall fail or refuse to perform his duties, as required by this act, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any tribunal having

competent jurisdiction, shall be fined in any sum not exceeding five hundred dollars.

SEC. 4. That all acts or parts of acts conflicting with the provisions of this act, shall, as to the counties of Deer Lodge and Madison, be and the same are hereby repealed.

SEC. 5. This act to take effect and be in force from and after its passage.

Approved January 12, 1869.

AN ACT to amend an Act entitled "An Act defining the duties of County Treasurers, and the payment of County Warrants."

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That section three of an act entitled "An Act defining the duties of county treasurers, and the payment of county warrants," be so amended as to read as follows: "The county treasurers of the several counties of this territory shall, on the first Monday of every month, post upon the door of their offices, a list of all warrants that they have funds in their hands to redeem or pay, the payment for which has not been demanded during the month last passed, and, from the date of such notice, the interest on all warrants thus posted shall cease; and it shall be the duty of such treasurer to file a true copy of said notice in the office of the county clerk of his county, which clerk shall file and preserve the same in his office, which notice, or a duly au thenticated copy thereof, shall be prima facie evidence of such posting: Provided, however, That in all cases where county warrants have been posted or advertised, as in this section directed, and not presented for payment within two months from the date of such notice, shall be passed over, and the money in the treasury be paid upon the next warrants in turn according to their number and registration as the law directs, but that such warrants, so passed, shall at any time thereafter take preference for payment upon presentation to such treasurer.

SEC. 2. All acts or parts of acts in conflict with this act be and the same are hereby repealed.

SEC. 3. This act to take effect and be in force from and after

AN ACT to amend "An Act defining the duties of Territorial Auditor and Territorial Treasurer of the Territory of Montana."

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. Amend section three of said act, so as to read as follows: "SECTION 3. The territorial auditor shall furnish the collector of each county or district with blank licenses and receipts for money collected, or to be collected, subscribed by himself, taking the collector's receipt of the counties for the same." SEC. 2. That the territorial auditor, treasurer, and superintendent of public instruction, are hereby authorized and empowered to report to the governor at the expiration of their term of office in eighteen hundred and sixty-nine, and the governor is hereby authorized to examine and settle their respective accounts, and cause to be published a full statement of said accounts in some newspaper published at the capital, and transmit a copy of said report to the legislative assembly.

SEC. 3. That the first day of December in each and every year shall be the end of the fiscal year for territorial purposes.

SEC. 4. This act shall take effect and be in force from and after its passage.

Approved January 15, 1869.

AN ACT to amend an Act entitled "An Act to provide for the formation of Corporations for certain purposes," approved December 13, 1867.

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That section one of an act providing for the formation of corporations, approved December 13, A. D. 1867, be

amended to read: "At any time hereafter, any three or more persons who may desire to form a company for the purpose of carrying on any kind of manufacturing, mining, mechanical or chemical business, dig ditches, build flumes, run tunnels, or to carry on any branch of business designed to aid in industrial or productive interest of the country, make, sign and acknowledge, before some officer competent to take acknowledgments of deeds, and file in the office of the clerk of the county in which the business of the company shall be carried on, and a duplicate thereof in the office of the secretary of the territory, a certificate in writing, in which shall be stated the corporate name of said company, and the object for which the company shall be formed, the amount of capital stock of the said company, the term of its existence, not to exceed twenty years, the number of shares of which the said stock shall consist, the number of trustees, and their names, who shall manage the concerns of said company for the first three months, and the name of the city, town, or locality, and the county in which the operations of said company shall be carried

on.

SEC. 2. That sections twenty-eight, twenty-nine, thirty, thirtysix, thirty-seven, thirty-eight, thirty-nine, of the act of which this is amendatory, are hereby repealed.

SEC. 3. That section forty-three be so amended as to read, "Any company formed under the provisions of this act, for the purpose of constructing any ditch or flume, shall, within sixty days from the date of their certificate, commence work on such ditch or flume as shall be named in the certificate, and shall prosecute the work with due diligence until the same is completed, and the time of completion of any such ditch shall not be extended beyond a period of three years from the time the work was commenced, as aforesaid; and any company failing to commence work within sixty days from the date of certificate, or failing to complete the same within three years from the time of commencement as aforesaid, shall forfeit all the right to the route so claimed, and the same shall be subject to be claimed by any other company. The time for the completion of any flume constructed under the provisions of this act, shall not be extended beyond a period of three years, and the county commissioners of the counties in which roads and bridges may have been constructed

under the provisions of the act of which this is amendatory, shall have the right to purchase the same, upon agreement with said company or companies, and declare them free for public use."

SEC. 4. From and after the passage of this act, no corporations shall be formed under the provisions of the act of which this is amendatory, for the purpose of establishing ferries, toll bridges, or toll roads.

SEC. 5. This act to take effect and be in force from and after its passage.

Approved January 6, 1869.

AN ACT to amend an Act entitled "An Act creating certain Offices in the Territory of Montana, declaring to whom resignations shall be made, when the office shall be deemed vacant, and the manner of filling vacancies," approved Νον. 16, 1967.

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That section six of said act be and it is hereby so amended as to read, "Resignations shall be made by territorial and district officers to the governor, and of the county commissioners to the probate judge, and of county officers, except county commissioners, to the county commissioners in their respective

counties."

SEC. 2. That section nine of said act be and it is hereby so amended as to read, "Whenever a vacancy shall occur at any time in the office of territorial treasurer, auditor, superintendent of public instruction, or district attorney, the governor, by and with the advice and consent of the legislative council, shall appoint some suitable person to perform the duties of such office, and when a vacancy shall occur in the office of county commissioner, the probate judge shall appoint some suitable person to perform the duties of such office; such officers, so appointed, shall hold their respective offices until the general election next following such appointment."

SEC. 3. All acts or parts of acts conflicting with this act are hereby repealed.