any person to carry on any business without procuring such additional license as may be lawfully required by the laws of the United States, or of any incorporated city.

SEC. 22. For the purpose of enforcing the provisions of this act, and to prevent the evasion of the same, all property of every kind, held or used in any of the trades, occupations, or professions, for which a license is required by the provisions of this act, shall be liable for said license, and said license is hereby made a lien on all such property, which lien shall have precedence of any other lien, claim, or demand, and if any person or persons shall fail or refuse to procure the license required by this act, before the transaction of the business specified, it shall be the duty of the treasurer of the county to seize any of the property upon which a lien is hereby created, or any other property belonging to such person or persons, and sell the same in the manner provided for sheriffs on execution, to satisfy said license and costs; and for which said treasurer shall receive a like fee as sheriff for service of notice and sale on executions, or said treasurer may sue for and collect said license and cost by attachment, garnishment, or otherwise.

SEC. 23. If any treasurer shall fail or refuse to enforce the provisions of this act, as herein directed, he shall be liable, and shall pay double the amount of each and every license which he shall so fail to collect, together with all costs of suit, and it shall be the duty of the district attorney of the district in which such treasurer resides, upon complaint of any tax-payer in this territory, to prosecute such treasurer for the same.

SEC. 24. The act approved February the ninth, 1865, and the act approved December thirteenth (13th), 1867; and the act approved January fifteenth, 1869, and all acts and parts of acts conflicting with this act, be and the same are hereby repealed. SEC. 25. This act to take effect and be in force from and after

AN ACT to repeal an act entitled “An Act to protect and regulate the irrigation of lands in Montana territory," approved January 12th, 1865, and to make provisions for the construction of ditches and the irrigation of agricultural lands.

SECTION 1. That an act entitled "An Act to protect and regulate the irrigation of lands in Montana territory," approved January 12th, 1865, be and the same is hereby repealed.

SEC. 2. That any person or persons, corporation or company, who may have or hold a title, or possessory right or title, to any agricultural lands within the limits of this territory, as defined by the Organic Act thereof, shall be entitled to the use and enjoyment of the waters of the streams or creeks in said territory, for the purposes of irrigation and making said land available for agricultural purposes, to the full extent of the soil thereof.

SEC. 3. That when any person or persons, corporation, or company, owning or holding land, as provided in section two of this act, shall have no available water facilities upon the same, or whenever it may be necessary to raise the waters of said stream or creek to a sufficient height to so irrigate said land, or whenever such lands are too far removed from said stream or creek to so use the waters thereof as aforesaid, such person or persons, corporation, or company shall have the right of way through and over any tract or piece of land for the purposes of conducting and conveying said water by means of ditches, dykes, flumes, or canals, for the purpose aforesaid.

SEC. 4. That such right to so dig and construct ditches, dykes, flumes, and canals over and across the lands of another, shall only extend to so much digging, cutting, or excavations, as may be necessary for the purposes required.

SEC. 5. That in all controversies respecting the rights to water, under the provisions of this act, the same shall be determined by the date of the appropriation, as respectfully made by the parties.

SEC. 6. That the waters of the streams or creeks of the territory may be made available to the full extent of the capacity thereof, for irrigating purposes, without regard to deterioration in quality or diminution in quantity, so that the same do not materially affect or impair the rights of the prior appropriator,

but in no case shall the same be diverted or turned from the ditches or canals of such appropriator, so as to render the same unavailable.

SEC. 7. That any person or persons, corporation or company, damaging or injuring the lands or possessions of another, by reason of cutting or digging ditches or canals, or erecting flumes, as provided by section three of this act, the party so committing such injury or damage shall be liable to the party so injured therefor.

SEC. S. That this act shall not be so construed as to impair or in any way or manner interfere with the rights of parties to the use of the water of such streams or creeks acquired before its passage.

SEC. 9. That this act shall not be so construed as to prevent or exclude the appropriators of the waters of the said streams or creeks for mining, manufacturing, or other beneficial purposes, and the right also to appropriate the same is hereby equally recognized and declared.

SEC. 10. That any person or persons, corporation, or company, who may dig and construct ditches, dykes, flumes, or canals, over or across any public roads or highways, or who use the waters of such ditches, dykes, flumes, or canals, shall be required to keep the same in good repair, at such crossings or other places where the water from any such ditches, dykes, flumes, or canals may flow over, or in any wise injure any roads or highways, either by bridging or otherwise.

SEC. 11. Any person or persons offending against section ten of this act, on conviction thereof, shall forfeit and pay for every such offence, a penalty of not less than twenty-five dollars nor more than one hundred dollars, to be recovered with costs of suit in civil action, in the name of the territory of Montana, before any court having jurisdiction; one half of the fine so collected shall be paid into the county treasury for the benefit of the common schools of the county in which the offence was committed; and the other half shall be paid to the person or persons informing the nearest magistrate that such offence has been committed. All such fines and costs shall be collected without stay of execution, and such defendant or defendants may, by order of the

court, be confined in the county jail until such fine and costs. shall have been paid.

SEC. 12. This act to be in force and take effect from and after its approval by the governor.

[NOTE FROM THE SECRETARY. The foregoing 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 authorizing the Board of County Commissioners of the county of Madison to subscribe and take stock for said county in the Capital Ditch Company.

SECTION 1. That the board of county commissioners of the county of Madison, in the territory of Montana, at any time within one year from the passage of this act, be and the same are hereby authorized and fully empowered to subscribe and take capital stock for said county to the amount of fifteen thousand dollars, subject, however, to the provisions of section two of this act, in the Capital Ditch Company, a body corporate and politic, organized under the general incorporation act of the territory, entitled "An Act to provide for the formation of corporporations for certain purposes," approved December 13th, 1867, and an act amendatory thereto, approved January 6th, 1869.

SEC. 2. That the board of county commissioners of the county of Madison are hereby authorized and empowered for said county to subscribe and take capital stock in the said Capital Ditch Company in said county, not exceeding the amount of fifteen thousand dollars, and subject to the express provisions of this section of the act; the sum of five thousand dollars when the said Capital Ditch Company shall have subscribed and collected, as capital stock to said Capital Ditch Company, and expended

the said amount of money on said ditch, and completed the first fifteen miles of said ditch; and may subscribe the further sum of five thousand dollars when the said Capital Ditch Company shall have subscribed and collected, as capital stock to the said Capital Ditch Company, and completed other ten miles of said ditch; and, lastly, may subscribe the further sum of five thousand dollars when the said Capital Ditch Company shall have subscribed and collected, as capital stock to the said Capital Ditch Company, and completed an additional ten miles of said ditch, making altogether thirty-five miles of said ditch.

SEC. 3. That said board of county commissioners are hereby authorized and empowered to issue bonds, with coupons, to the said Capital Ditch Company for the amount of stock subscribed, not exceeding the sum of fifteen thousand dollars, redeemable at the pleasure of the county of Madison, after two years, and payable in eight years from date, bearing interest at the rate of twelve per cent per annum, payable annually; which said bonds and coupons shall be signed by the chairman of the board of county commissioners, and countersigned by the county clerk of said county of Madison; and the said bonds herein authorized shall be of any denomination not less than fifty dollars nor more than five hundred dollars each, at the discretion of the board of county commissioners.

SEC. 4. No bonds and coupons issued under authority of this act shall be issued by said board of county commissioners to said Capital Ditch Company for the amount of stock subscribed by the said county commissioners, for said county of Madison, for less than par value.

SEO. 5. The board of county commissioners of the county of Madison may appoint and empower an agent to represent the county, to subscribe or transfer its stock, give its vote, and receive its dividend (if any), and such agent to be changed at pleasure.

SEC. 6. That the board of county commissioners of said county of Madison shall set aside not more than two mills on the dollar on all the taxable property of said county for the payment of the bonds and coupons issued under the provisions of this act; and shall, out of said contingent fund, pay annually the