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AN ACT defining the duties of the Auditor of Montana Territory, in relation to Public Printing.

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

SECTION 1. That hereafter, when it shall be necessary for the territorial auditor and the territorial treasurer, in the lawful discharge of their duties, to have or use any private blanks, or to have any printing done authorized by law for use in their respective offices, the same shall be procured as hereinafter provided.

SEC. 2. That it shall be the duty of the auditor of this territory immediately after the passage of this act, and thereafter at the beginning of each fiscal year, to invite sealed proposals from all publishers in this territory for doing all public printing for the use of the aforesaid officers; that he shall invite said proposals by notice thereof, to be printed for four weeks in three several newspapers in this territory. Said notice shall contain a specification of the character, quality, and quantity of printing to be done.

SEC. 3. That the sealed proposals received by the auditor from all sources for public printing shall be opened and compared by the said auditor and the district attorney of the said district where the auditor may reside; and it shall be the duty of the said auditor and district attorney to award the contract for the public printing to the person or persons who propose to do the same for the entire fiscal year at the lowest rates.

SEC. 4. That it shall be the duty of the auditor to furnish the person or persons to whom has been awarded the contract for public printing, with samples of the printing required of him, and that such contractor shall be required to comply with his contract in that respect before he shall be entitled to receive his pay therefor.

SEC. 5. That the territorial auditor is authorized to draw his warrant or warrants upon the territorial treasurer for the payment of any contract made under the provisions of this act, when the same shall be fully complied with on the part of the contractor, and not before.

SEC. 6. That the auditor and district attorney aforesaid, together shall have the power to reject any unreasonable or excessive proposals for such public printing, and in all cases where there has been but one proposal made for such printing said auditor shall immediately re-advertise for proposals, as required by this act.

SEC. 7. That any auditor or district attorney required to perform any duty under the provisions of this act, who shall directly or indirectly become interested in any bid, proposal, or contract made under the provisions of this act, shall be fined in a sum not less than one thousand dollars, nor more than five thousand dollars, to be recovered in any court of competent juricdiction, and the same shall work a forfeiture of office.

SEC. 8. That all act and parts of acts in conflict with this act be and the same are hereby repealed.

SEC. 9. 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 repeal part 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 it enacted by the Legislative Assembly of the Territory of
Montana:

SECTION 1. That section fourteen of an act to amend an act entitled "An Act to regulate proceedings in civil cases in courts of justice of Montana territory," approved January 15, 1869, be and the same is hereby repealed, and that section one hundred and seventy-three of an act to regulate proceedings in civil cases in the

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courts of justice of Montana territory, approved December 23, 1867, be, and the same is hereby revised and declared to be in full force and effect.

SEC. 2. That so much of section fifteen of an act to amend an act entitled "An Act to regulate proceedings in civil cases in courts of justice of Montana territory," approved January 15, 1869, as authorizes a verdict or finding of three-fourths of a jury to be received as the finding or verdict of the whole jury, be and the same is hereby approved.

SEC. 3. All acts and parts of acts in conflict with 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 amendatory of an act entitled "An Act to regulate proceedings and define the jurisdiction of the Probate Courts of the territory of Montana," approved December 23, 1867.

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

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SECTION 1. That in addition to the jurisdiction conferred upon the probate courts of this territory, by the act to which this is amendatory, it is hereby expressly declared, that said courts shall have jurisdiction in all civil actions wherein the amount in controversy shall be not less than one cent, nor more than five hundred dollars, and said courts shall have power to tax and enter judgment for costs in all cases of a civil nature without regard to the amount recovered, such judgment for costs in all cases to follow the judgment of the action.

SEC. 2. That such probate court in all criminal actions wherein the fine does not exceed the sum of five hundred dollars, or imprisonment not exceeding one year, or both, such fine and imprisonment, on the intervention of a grand jury, shall, in its discretion, have the right to tax the costs and enter judgment therefor when such prosecution shall appear frivolous or vexatious against the prosecuting witness, or the instigator of such prosecution.

SEC. 3. That section (39) thirty-nine of chapter one of an act of the legislative assembly of Montana territory, entitled "An Act to regulate proceedings in criminal cases in the courts of justice in the territory of Montana," be and the same is duly repealed.

SEC. 4. That in all cases of the arrest and examination of offenders, as provided in said act, and in lieu of the section above repealed, it shall be the duty of the justice of the peace, or other judicial officer before whom such an examination is had, to examine all witnesses so produced before him, to reduce such examination to writing, and cause the same to be signed by the witness so testifying.

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 force from and after its passage.

Approved January 6, 1870.

AN ACT to amend an act entitled "An Act defining the duties of county treasurers and the payment of county warrants," approved November the 9th, A. D. 1867.

Be it enacted by the legislative assembly of the territory of Mon

tana:

SECTION 1. That section six of an act entitled "An Act defining the duties of county treasurers and the payment of county warrants," approved November the 9th, A. D. 1867, be so amended as to read: "The county treasurer shall receive the fol

lowing fees, beginning with every fiscal year: Twelve and onehalf per cent on the first five thousand dollars of revenue, from all sources, by him collected; for all sums between five and ten thousand, eight per cent; for all sums over ten thousand, four per cent; for every license issued, one dollar, to be paid by the party applying for the same; for every mile traveled in going and returning, on the most direct route, making settlement with the territorial auditor and treasurer, twenty-five cents; for levying on and selling property for taxes, the same fees as allowed to sheriffs, to be paid by delinquents; but in no case shall any county treasurer be allowed a fee for disbursing."

SEC. 2. That so much of an act entitled "An Act regulating the fees of officers, jurors, and witnesses," as relates to the fees of treasurers, approved February the 9th, A. D. 1865, and all acts and parts of acts conflicting with this act, are hereby repealed.

SEC. 3. This act to take 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 amend an act entitled "An Act providing for the collection of revenue," approved January 15th, 1869."

Be it enacted by the legislative assembly of the territory of Mon

tana:

SECTION 1. The following sections of said act shall be and are hereby amended, as follows: Strike out section seven of said act, and insert the following in lieu thereof: "All personal property shall be listed, assessed, and taxed in the county where the same may be found, unless the owner or agent produces a receipt or certificate from the collector or assessor, showing that he has

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