AN ACT amendatory of an act entitled "An Act relating to Counties and County Officers," approved February 9th, 1865, and an act approved January 11th, 1869.

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

SECTION 1. Add to section 3 of an act entitled "An Act amendatory of an act entitled 'An Act relating to counties and county officers," approved January 11th, 1869, and the said board may at any time, by giving at least five (5) days public notice, call an extra session of not over two days duration.

SEC. 2. This act to take effect and be in full force and effect 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 repeal an act entitled "An Act to incorporate the Prickly Pear and Virginia City wagon road company,” approved January 24, 1865; also, to repeal an act entitled "An Act to incorporate the Little Prickly Pear wagon road company," approved January 19th, 1865.

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

SECTION 1. That the Act to incorporate the Prickly Pear and Virginia City wagon road company, January 24th, 1865, be and the same is hereby repealed.

SEC. 2. That the Act to incorporate The Little Prickly Pear wagon road company, approved January 19th, 1865, be and the same is hereby repealed.

SEC. 3. That the following other acts, entitled as follows, be and the same are hereby repealed, and declared void and of no effect: An Act to incorporate the Missouri river and Rocky Mountain wagon road and telegraph company, approved Decem

ber 27th, 1864; An Act to authorize Zedekiah A. Stone, and his associates, to construct and keep a toll bridge across Beaver Head river, approved January 4th, 1865; An Act granting to C. R. Bissell and J. E. Bissell the right to build and construct a wagon road, by the most direct route, from Silver Bow to Jefferson river, being located in Deer Lodge and Jefferson counties, beginning at the Silver Bow mines, in Deer Lodge county, and running up the south fork of the Silver Bow or Deer Lodge creek to the summit of the Rocky Mountains; thence by the most direct route to the Jefferson river, approved January 9th, 1865; also, An An to incorporate the Hell Gage and Deer Lodge wagon road company, approved January 9th, 1865; also, An Act to incorporate the Bitter Root and Kootenay wagon road and ferry company, approved January 12th, 1865; also, An Act to incorporate the Bozeman City and Fort Laramie wagon road and telegraph company, approved January 20th, 1865; also, An Act to incorporate the Bozeman City and Milk river wagon road company, approved January 20th, 1865; also, An Act to incorporate the Madison river ditch company, approved January 24, 1865; also, An Act granting to Frank H. Woody, C. E. Irvine, their associates and successors, the right to establish and maintain a ferry or bridge across the Hell Gate river, approved January 24, 1865; also, An Act to incorporate the Virginia City and Summit City wagon road company, approved January 27, 1865; also, An Act to incorporate the Nevada City and Red Rock wagon road company, approved January 28, 1865; also, An Act to incorporate the Montana bridge and ferry company, approved, A. D. 1865; also, An Act to incorporate the Willow creek town company, approved January 28, 1865; also, An Act to incorporate the Rams Horn toll road company, approved February 1, 1865; also, An Act to incorporate the Prickley Pear, Deer Lodge, and Silver Bow wagon road company, approved February 2, 1865,; also, An Act to incorporate the Fort Benton and Kootenay wagon road company, approved February 2, 1865; also, An Act to incorporate the Bear's Tooth wagon road company, approved February 2, 1865; also, An Act to incorporate the Helena wagon road company, approved February 6, 1865; also, An Act to incorporate

the Grasshopper Canon Road Company, approved February 7, 1865; also, An Act to incorporate the Ophir and Flat Head River Wagon Road Company, approved February 8, 1865; also, An Act to establish a wagon road from the waters of the Grasshopper creek to Hell Gate, approved February 8, 1865; also, An Act to incorporate and establish the Montana and Idaho Wagon Road Company, approved February 8, 1865; also, An Act to incorporate the Twin Bridge Company, approved February 8, 1865; also, an act entitled An Act to re-enact an act to authorize C. D. Lontsenheizer, A. J. Burr, and C. C. Stubbs, their heirs and assigns, to maintain and keep a ferry on the Missouri river at the mouth of Trout creek, in Meagher county, approved November 25, 1867; also, An Act to re-enact an act to authorize Thomas A. Holmes and Luther M. Brown, and their associates, heirs, and assigns, to establish a ferry across the Missouri river, between the counties of Edgerton and Meagher, approved December 6, 1867; also, An Act to re-enact an act to authorize Constant Guyot, his heirs and assigns, to construct and maintain a toll road from the Little Blackfoot river to the Ten Mile and Helena road, approved December 3, 1867; also, An Act to reenact an act authorizing Henry Whaley. Joseph V. Stafford, and William E. Pinney, and their associates, to establish and maintain a toll road from Cave City, in Cave Gulch, to the mouth of said gulch, in Meagher county, Montana territory, approved December 12, 1867; also, An Act to re-enact an act entitled an act to incorporate the Black Tail Deer and Helena Wagon Road Company, passed and approved at the second session of the legislature of Montana, approved December 12, 1867; also, An Act to re-enact an act entitled an act to incorporate the El Dorado and Diamond City Wagon Road Company, passed April 12, 1866, approved December 20, 1867; also, An Act to incorporate the Great Beaver Head Wagon Road Company.

SEC. 4. That all acts and parts of acts conflicting with this act be, and the same are hereby, repealed.

SEC. 5. 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

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require a written undertaking on the part of the plaintiff to be filed in a sum not less than double the amount claimed by the plaintiff, with sufficient sureties, to be approved by the clerk, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not to exceed the sum specified in the undertaking; said sureties may be required to justify before the clerk of the court, to the effect that each for himself is worth the amount specified in the undertaking, over and above his debts and liabilities, and property by law exempt from execution, in the territory of Montana."

SEC. 8. That sections four hundred and three, four hundred and four, four hundred and five, and four hundred and six, of chapter five; and sections four hundred and seven, four hundred and eight, four hundred and nine, four hundred and ten, and four hundred and eleven, of chapter six, of an act entitled "An Act to regulate proceedings in civil cases in the courts of justice of Montana territory," approved December 23, 1867, and that section seventeen of an act to amend an act entitled "An Act to regulate proceedings in civil cases in the courts of justice of Montana territory," approved January 15, 1869, be and the same are hereby repealed.

SEC. 9. The testimony of a witness out of the territory may be taken by deposition, in an action, at any time after the service of the summons or the appearance of the defendant, and in special proceedings, at any time after a question of fact has arisen therein.

SEC. 10. When the witness resides out of this territory, the party desiring his testimony may sue out of the court in which the suit is pending, or out of the office of the clerk thereof, a commission to take the deposition of the witness, and when the witness resides out of the territory and the suit is pending before a justice of the peace, the party desiring his testimony may sue out of a court of record, of the county in which the suit is pending, or out of the office of the clerk thereof, a commission to take the deposition of a witness.

SEC. 11. Depositions may be taken by some one of the fol lowing officers: First, if taken within this territory, by some

judge, justice of the peace, notary public, mayor, or chief officer of a city or town having a seal of office, or clerk of the district court; second, if taken without this territory, by some officer out of the territory, appointed by authority of the laws of this territory to take depositions, or by some consul, or commercial or diplomatic representative of the United States, having a seal, or mayor, or chief officer of any city, town, or borough, having a seal of office, or by some judge, justice of the peace, or other judicial officer, or by some notary public, within the government where the witness may be found.

SEC. 12. The commission shall be under the seal of the court, and shall be directed to any officer herein authorized to take depositions, within the government wherein the witness may be.

SEC. 13. The commission shall authorize such officer to cause to come before him such person or persons as shall be named to him by the party suing for the same, and shall command such officer to examine such person touching his knowledge of anything relating to the matter in controversy, and to reduce such examination to writing, and return the same, annexed to the commission, to the court wherein, or the justice before whom, the action is pending, with all convenient speed.

SEC. 14. When the witness may be found in this territory the deposition may be taken by the proper officer thereof, without any commission or order from any court or clerk.

SEC. 15. Depositions may be taken by any officer appointed out of this territory, by authority of the laws of this territory, to take depositions, without any commission or order from any court or clerk.

SEC. 16. In all cases where depositions shall be taken by virtue of any of the preceding sections of this law, the party at whose instance the same shall be taken shall cause notice in writing, of the time and place of taking such depositions, to be served on the adverse party or his attorney in the case.

SEC. 17. If neither the adverse party or his attorney in the cause reside in the territory, causing such notice to be put up in the office of the clerk of the court wherein such suit is pending shall be a sufficient notice.

SEC. 18. Such notice, when served on the adverse party, or his attorney, shall be, first, by delivering to him a copy thereof; second, by leaving a copy of such notice at his usual place of