ritory, to oust any officer de facto, or person holding or performing any of the duties of any territorial office in this territory, under color of right and law, even though in the opinion of said court said officer shall not be a legal or de jure officer, and that said officer has in his possession public property, and is performing a public duty that is or may be for the "good of the public," and that there is no other person lawfully authorized to succeed him in said office. It shall be lawful for said court or judge to make an order allowing such officer de facto to hold and perform the duties of the same until his successor is duly appointed and qualified under the provisions of this act, and the laws of this territory, to take charge of said office property and effects, and perform said public duties; and until said successor is so appointed and qualified all the official acts of said officer de facto shall be be as valid and binding as if he was legally appointed and qualified as such.

SEC. 9. That all territorial officers, either de facto or de jure, now, or who may hereafter be performing the duties of such offices, shall continue to perform all the duties of such offices until their successors are appointed and confirmed, as in this act provided, and such officers shall receive all the fees and emoluments of such offices, and it shall be the duty of the secretary of the territory to receive and safely keep all bonds of such officers.

SEC. 10. All acts and parts of acts conflicting herewith are hereby repealed.

SEC. 11. This act shall take effect from and after its passage. IN COUNCIL.-Returned by the governor, with his objections thereto. Governor's objections spread on the journal immediately. Vote by which the bill was passed, was reconsidered, and on the question, "Shall this bill pass, the objections of the governor to the contrary, notwithstanding?" it was passed by a two-third vote of the Council, December 27th, 1869.

IN THE HOUSE.—December 27th, vote by which the bill was passed, reconsidered, and on the question, "Shall this bill pass, the objections of the governor to the contrary, notwithstanding?" was passed by a two-third vote of the House. Deposited with the territorial secretary, at half-past ten o'clock P. M. this 29th day of December, 1869.

AN ACT legalizing certain acts of the county treasurer of Deer Lodge county, in the payment of certain moneys.

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

SECTION 1. That all moneys derived from the sale of lots in the city of Deer Lodge, and which have been paid out of the county treasury by the treasurer of said county, on the order of the county commissioners of said county, be hereby declared valid.

SEC. 2. 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 entitled "An Act in relation to Public Highways," approved January 6th, 1869.

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

SECTION 1. That so much of section two of this act, to which this is amendatory, shall not be so construed as to authorize the appointment of any member of the board of county commissioners as supervisors of roads.

SEC. 2. That supervisors of roads are hereby required to make out and return to the county clerks of their several counties, after the first Monday in February, in each year, additional lists of all persons who may have become residents of their districts, or that they may have neglected to list, prior to the first Monday of February, in each year, who are subject to payment

of road tax. That the board of county commissioners may appoint supervisors at any regular term of their session.

SEC. 3. Be it further enacted, that the several county treasurers are hereby authorized and empowered to collect all road tax levied in each year, as now required by law for the collection of revenue: Provided, that any person producing the supervisors' certificate for labor done and performed, or for material furnished, on any road, or bridge, by order of said supervisor, with the amount due therefor, shall be allowed the same on their road tax, and the county treasurer shall pay all amounts exceeding said tax to the party holding said certificate, out of any road money in the treasury, and the said certificate shall be the treasurer's voucher for money so paid.

SEC. 4. That so much of section four of the act to which this is amendatory be so amended as to require all supervisors to make a report to the county commissioners on the first Monday in February and November in each year, of all labor done and performed, and material furnished on roads or bridges in their respective counties; and the said supervisors shall receive a reasonable compensation for their services, to be allowed by the county commisssioners out of the road fund of the county; and if a surplus of money shall remain after the payment of all road dues, the county commissioners shall place the same to the credit of the road fund.

SEC. 5. That all acts and parts of acts in conflict with this act, be and the same are hereby repealed.

SEC. 6. This act to 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 "To authorize the Territorial Auditor to issue a triplicate Territorial Warrant in lieu of Duplicate Territorial Warrant number three, of Two Hundred and Forty-eight, for Three Hundred and Ninety Dollars, to E. W. Haskell."

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

SECTION 1. That the territorial auditor is hereby empowered and authorized to issue a territorial warrant for three hundred and ninety dollars, number three, of two hundred and forty-eight, to E. W. Haskell, in lieu of the duplicate warrant of that number and amount issued to E. W. Haskell, and now owned by said E. W. Haskell, and by him lost.

SEC. 2. That the territorial treasurer is hereby authorized to make on his books the duplicate as lost, and triplicate issued in lieu thereof.

SEC. 3. That said triplicate warrant, when issued, shall take the place of the duplicate warrant in order of registration and payment.

SEC. 4. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 5.

its passage.

This act to take effect and be in force from and after

Approved December 29th, 1869.

AN ACT to amend an act entitled "An Act defining the Council and Representative Districts of the Territory of Montana, and appointing the members of the Legislative Assembly thereof," approved December 13th, 1867.

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

SEC. 1. That section one of an act entitled "An Act defining the council and representative districts of the territory of Montana, and apportioning the members of the legislative assemby thereof," approved December 13th, 1867, be and the same is

hereby amended so as to read as follows: "That the next session of the legislative assembly of the territory of Montana shall convene at the seat of government of said territory on the first Monday of December, one thousand eight hundred and seventyone, at 12 o'clock м. on that day, and biennially thereafter."

SEC. 2. That at the next general election, A. D. 1870, and biennially thereafter, there shall be elected members of the house of representatives who shall hold their offices for the term of two years; that members of the council shall be chosen as already provided by law, and shall hold their offices for the term of two years.

SEC. 3. That an act to amend an act entitled "An Act defining the council and representative districts of the territory of Montana, and apportioning the members of the legislative assembly thereof," approved January 15th, 1869, be and the same is hereby repealed.

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

SEC. 5. This act shall take effect and be in force from and after its approval.

COUNCIL. Returned to council with objections of governor to the same. Objections immediately spread at large upon the journal of the council, and the vote by which it had passed the council reconsidered. Passed the council, notwithstanding the objections of the governor, Dec. 22, 1869, by a two-third vote of the council.

HOUSE. December 22. Returned to the house with the objections of the governor to the same; vote by which the same passed the house reconsidered. Passed the house, notwithstanding the objections of the governor, by a two-third vote of the house. Deposited with territorial secretary December 24th, 1869, at 21 o'clock.