and appurtenances in good repair, and shall be liable to the person having the next immediate estate of inheritance therein for all damages occasioned by any waste committed or suffered by her.

Damages for

dower.

Sec. 23. Whenever in an action brought for the purpose, the widow recovers dower in lands of withholding which her husband died seized, she shall also recover damages for the withholding of such dower; such damages shall be one-third part of the annual value of the mesne profits of the lands in which she so recovers her dower, to be estimated in an action against the heirs of her husband from the time of his death; and in actions against other persons from the time of her demanding dower of such persons, but such damages shall not be estimated for the use of any permanent improvements made after the death of her husband, by his heirs, or any other person claiming title to any lands.

Writgiving

sion of dower.

Sec. 24. In all cases where the report of the commissioners assigning dower shall be approved, widow posses the court shall forthwith cause the widow to have possession by a writ directed to the sheriff for that purpose.

ESTATES BY THE COURTESY.

tate by courte

Sec. 25. When any man and his wife are seized Husband's esin her right, and when a married woman is seized sy. to her sole and separate use free from the control of her husband of any estate of inheritance in lands, the husband shall, on the death of his wife, hold the lands for his life as a tenant thereof by the courtesy: Provided, That if the wife at her death leaves issue by any former husband to whom the estate might descend, such issue shall take the same discharged from the right of the surviving husband to hold the same as tenant by the courtesy.

Approved February 11, 1876.

Qualification of electors.

What class disqualified.

Time of holding

tions.

ELECTIONS.

AN ACT to provide for biennial elections in the Territory of
Montana.

Be it Enacted by the Legislative Assembly of the Terri-
tory of Montana :

Sec. 1. That all male citizens of the United States above the age of twenty-one years, and all male persons of the same age who shall have declared their intention of becoming citizens, and who, under existing laws of the United States, may ultimately become citizens thereof, shall be deemed electors of this territory, and be entitled to vote for delegate to congress, and for territorial, district, county and precinct officers: Provided, They shall have resided in the territory three months, and in the county where they may offer to vote, thirty days next preceding the day of election.

Sec. 2. No person under guardianship non compos mentis, or insane, nor any person convicted of treason, felony, or bribery, in this territory or any other territory or state in the Union, unless restored to civil rights, shall be permitted to vote at any election.

Sec. 3. A general election shall be held in the general elec several counties, townships or precincts, in this territory, on the first Tuesday after the first Monday in November, 1876, and every two years thereafter, at which election shall be chosen all such officers as are by law required to be elected.

Eligibility of

gress and mem

Sec. 4. No person shall be eligible to the office delegate to con- of delegate to congress, member of the council or bers of the leg-house of representatives, unless he has been a resident of the territory for one year.

islature.

Appointment

Sec. 5. It shall be the duty of the commissioners of judges of of the several counties at their regular session imelection. mediately preceding said general election, to appoint three discreet and capable persons possessing

notified.

the qualifications of electors, to act as judges of
election in each township or precinct; and said
board shall designate one or more of said judges
whose duty it shall be to post up, or cause to be
posted up, in each precinct or township, notices of
election, in the manner hereinafter provided. Said
board of commissioners shall also set off, and es-
tablish at said meeting, townships or precincts when
the same may be necessary. And the clerk of said
board shall make out and forward by mail, immedi-
ately after the appointment of said judges, a notice Judges,
thereof in writing directed to each of said judges
so appointed. In case there shall be no post of-
fice in any one or more of the townships or pre-
cincts, in any county, then in that event the clerk
shall forward notices of such appointment, by
mail, to the post office nearest such precinct or
township, directed to the judges, as aforesaid. If
in any of the townships or precincts, any of said
judges refuse or neglect to serve, the voters of such
township or precinct may elect a judge or judges
to fill vacancies on the morning of the election, to
serve at such election.

how

Appointment

of office of

Sec. 6. The said judges shall choose two persons, of clerks, term having the same qualifications with themselves, to judges. act as clerks of the election. The said judges shall be and continue judges of all elections of civil officers to be held in their respective townships, until other judges shall be appointed, as herein before directed; and the said clerks of election may continue to act as such during the pleasure of the judges of election, and the county commissioners shall, from time to time, fill such vacancies which may occur in the offices of judges of election in any township within their respective counties.

Notices of elec

Sec. 7. The clerks of the several boards of county commissioners shall, at least thirty days be- tion. fore any general election, make out and forward by

Posting of notices.

Oath of election officers.

mail to such judge or judges as shall be designated by the county commissioners, three written notices for each township or precinct, said notices to be as near as circumstances will admit, as follows:

Notice is hereby given that on the first Tuesday after the first Monday of November, at the house of in the county of

an election will be held for delegate to congrees, members of the legislative assembly, county, township and precinct officers (naming the offices to be filled), which election will be open at 8 o'clock in the morning and continue open until 6 o'clock in the afternoon of the same day.

Dated, this

(as the case may be.)

day of

A. D. 18

Signed, A B, clerk of the board of county commissioners.

Sec. 8. The judge or judges aforesaid to whom such notices shall be directed as provided in section 7 of this act, shall cause to be put up in three of the most public places in each township or precinct the notices of election in such township or precinct, at least ten days previous to the time of holding any general election, and in cases where townships or precincts may be set off by leave as election precincts, said notices shall be posted as follows: one at the house where the election is authorized to be held, and the others at the two most public and suitable places in the township or precinct.

Sec. 9. Previous to votes being taken, the judges and clerks of election shall take and subscribe the following oath:

I, A B, do solmnly swear or affirm, that I will perform the duties of judge of the election (or clerk, as the case may be) according to law and the best of my ability, and that I will studiously endeavor to prevent fraud, deceit, and abuse, in conducting the same.

of the oath to

cers.

Sec. 10. In case there shall be no judges or Administration justices of the peace present at the opening of the election offielection, or in case such judge or justice of the peace shall be appointed judge or clerk of the election, it shall be lawful for the judges of the election, and they are hereby empowered, to administer the oath to each other, and to the clerks of the election, and the person administering the oath shall cause an entry thereof to be made, subscribed by him, and prefixed to the poll-book.

Sec. 11. At all elections to be held under this opening and closing the act, the polls shall be opened at eight o'clock in the polls. forenoon, and continue open until six o'clock in the afternoon of the same day, at which time the polls shall be closed; and at the opening of the polls one of the clerks, under the direction of the judges, shall make proclamation of the same, and thirty minutes before the closing of the polls proclamation shall be made in like manner, and the polls shall be closed in a half hour; but the board may, in their discretion, adjourn the polls at twelve o'clock at noon for one hour, prolamation of the same being made.

by ballot.

Sec. 12. Every elector shall deliver, in full view Elector to vote of one of the judges of election, a single ballot or piece of paper, on which shall be written or printed the names of the persons voted for, with a pertinent designation of the office which he or they may be intended to fill. Said ballots may be open or folded, as the voter may choose.

tion officers

delivered.

Sec. 13. The judges to whom any ticket may Duty of elec be delivered shall, upon the receipt thereof, pro- when ballot is nounce, with an audible voice, the name of the elector, and if no objections be made to him, and the judges shall be satisfied that the elector is legally entitled to vote, he shall immediately put the ballot in the box, without inspecting the name thereon. The clerk of the election shall enter the name of the elector and number in the poll-book.