For taking proof in case of estrays and granting certificate of the same.... 1 00 150 For advertisement, including copy for newspaper publication..... For every certificate of magistracy under seal.... 1 00 Per diem attending meeting of board of commissioners..10 00 Provided, no clerk shall receive said per diem compensation who shall demand and receive compensation on items for each order of court. COUNTY RECORDER'S FEES. For every instrument authorized to be recorded: First one hundred words... For each additional folio.. Each entry in index... Certificate of record.... Recording marriage certificate.. Taking acknowledgments... .$1 00 50 25 1 00 1 00 100 30 50 Copies of record, for one hundred words... For making any search when no certificate is given. Recording town plats, for first one hundred lots or less.... 5 00 For each additional lot..... For making abstract of title, first conveyance.. For each subsequent conveyance... Abstracts for origiral entries each.... For recording quartz claims each, including certificate.... 1 00 SEC. 2. That so much of an act entitled "An Act regulating the fees of officers, jurors, and witnesses," approved February 9th, 1865, regulating county clerks' and recorders' fees, and section two of an act amendatory of the above, approved December 23d, 1867, and all other acts and parts of acts conflicting with this act are hereby repealed. SEC. 3. This act to take effect and be in force from and after its passage. [NOTE FROM THE SECRETARY.-The foregoing act having been presented to the governor of the territory for his approval, and not having been returned by him to the house of the legislative assembly, in which it originated, within the time prescribed by the Organic Act of the territory, has become a law without his approval.] AN ACT "To amend an act in relation to the appointment of Deputy District Attorneys," approved December 23d, 1867. Be it enacted by the Legislative Assembly of the Territory of Montana : SECTION 1. That so much of section one of said act as relates to, and prohibits, the district attorneys of the several judicial districts of this territory from appointing deputy prosecuting attorneys in the counties of Meagher, Deer Lodge, and Missoula, be and the same is hereby repealed. SEC. 2. That all laws or parts of laws conflicting with this act are hereby repealed. SEC. 3. This act to take effect and be in force from and after its passage. Approved January 7th, 1870. AN ACT declaring Sarah Francis Gorham of lawful age. Be it enacted by the Legislative Assembly of the Territory of Montana, as follows: SECTION 1. That Sarah Francis Gorham, an infant of the age of sixteen, a citizen of Montana, be and she is hereby declared of lawful age, and to have and possess full power and lawful right to grant, bargain, sell, and convey all real estate of which she is now or may at any time hereafter become the owner, either in law or equity, situated in Randolph county, in the state of Missouri. SEC. 2. All contracts, bargains, sales, or conveyances of said real estate made by her shall be as lawful and binding upon said Sarah Francis Gorham, her heirs, assigns, and legal representatives, as the same would or could have been by the laws of said state of Missouri, had she have been of lawful age at the time of the making of said sale or conveyance; and that all such transfers and conveyances of said real estate, or any part thereof, shall, to all intents and purposes, pass from her, her heirs and legal representatives, all right, title, claim, and interest in and to said real estate of the said Sarah Francis Gorham, and shall vest the same in the purchaser or purchasers thereof to the same extent, and with like legal effect and validity as such sale or conveyance would or could have done had such sale or conveyance been made by the said Sarah Francis Gorham after arrival at full age. SEC. 3. This act shall take effect and be in full force from and after its passage. [NOTE FROM THE SECRETARY. The foregoing act having been presented to the governor of the territory for his approval, and not having been returned by him to the house of the legislative assembly, in which it originated, within the time prescribed by the Organic Act of the territory, has become a law without his approval.] AN ACT amendatory to an act entitled "An Act authorizing the repeal of an act to incorporate the City of Virginia," Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That section one of an act entitled "An Act authorizing the repeal of an act incorporating the City of Virginia," approved February 12th, 1869, be so amended as to read as follows: "SECTION 1. That on the first Monday of September, A. D. 1870, the question of repealing the act incoporating the City of Virginia, approved December 30th, 1864, shall be submitted to the qualified voters of said city; and, if a majority of the qualified voters be in favor of the repeal of said act, the same shall be from thenceforward null and void, and of no effeet; but if a majority of the votes cast at said election be against the repeal of said act, the same shall remain in full force and effect." SEC. 2. That section three of said act, authorizing the repeal of an act incorporating the City of Virginia, be so amended as to read as follows: "SECTION 3. That until said question of repeal is determined as aforesaid, there shall be no further election for mayor or aldermen under and by virtue of the charter and ordinances of said city, and that the present mayor and aldermen shall hold their offices under said charter until the question of repeal be determined as aforesaid, unless vacancies occur by reason of death or otherwise. In case a vacancy shall occur in the office of alderman, the same shall be filled by the mayor; and all vacancies occurring in the other offices provided for under and by virtue of the charter and ordinances of said city, shall be filled in the same manner provided by the said charter and act amendatory thereof; and the common council of said city shall have the exclusive power and authority to appoint the police justice, one city treasurer, one city marshal, and one city attorney, and to remove at will any of said officers." SEC. 3. That all acts and parts of act in anywise conflicting with the provisions of this act be and the same are hereby repealed. SEC. 4. This act shall take effect and be in force from and after its passage. [NOTE FROM THE SECRETARY.-The foregoing act having been presented to the governor of the territory for his approval, and not having been returned by him to the house of the legislative assembly, in which it originated, within the time prescribed by the Organic Act of the territory, has become a law without his approval.] AN ACT to provide for the custody, maintenance, and treatment of the Insane in the territory of Montana. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That there shall be elected during the present session of the legislative assembly of the territory of Montana, and bienially at each regular session thereafter, by the legislative assembly in joint convention assembled, one commissioner from each of the judicial districts, as the same are or may be established by law in this territory, who shall constitute the board of commissioners for the insane of Montana territory, and who shall exercise the powers and perform the duties hereinafter mentioned. SEC. 2. Said commissioners shall hold their offices respectively for the term of two years, and until their successors shall be elected and qualified. SEC. 3. It shall be the duty of the secretary of the legislative council immediately to notify the persons who may be elected under the provisions of this act, of their election, by transmitting to each of them, by the most speedy and reliable means, a copy of the proceedings of such joint convention relating to said election; and the person so elected shall, within ten days after such election, take and subscribe to the following oath: I, A B, do solemnly swear that I will truly and faithfully discharge the duties of a member of the board of commissioners for the insane of Montana territory; that I will carefully guard against any and all improper expenditures of money in all transactions connected with said board; and that I am not now and will not be during the continuance of my official term, directly or indirectly interested in any bid or contract made by said board. Who shall give a joint bond in good and sufficient security for the faithful performance of their duty, in the sum of twenty thousand dollars, which oath and bond shall be filed with the secretary of the territory. SEC. 4. It shall be the duty of the board of commissioners aforesaid, as soon as practicable after taking the oath aforesaid, and within forty days after their election, to meet at any place within the judicial districts they may agree upon, and shall or |