intend the labor thereon, and see that the same is faithfully performed, and sue for and collect all moneys due such district.

SEC. 3. There shall be levied and collected on all taxable property in each district, the sum of one mill on the dollar, also a head tax of three dollars on each able bodied man, between the ages of twenty-one and forty-five, residing in each district: Provided, That any person, liable to pay road tax, may work out such tax under the supervision of the supervisor of the district where such person resides, and shall be allowed for such work the sum of three dollars per day.

SEC. 4. The supervisor of each district shall make out a list of all persons in his district, who have been residents in such district thirty days, and file a copy of the same with the clerk of the board of county commissioners at the February term in each year, showing a full and concise statement of all labor performed, moneys received and paid out, 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 school fund.

SEC. 5. Any supervisor who shall fail to perform the duties required of him by this act, shall be deemed guilty of a misdemeanor, and shall be fined in any sum not exceeding five hundred dollars, before any court having competent jurisdiction.

SEC. 6. The compensation of a road supervisor shall be fixed by the board of county commissioners, and shall not exceed the sum of five dollars per day, payable out of the road fund.

SEC. 7. This act shall take effect and be in force from and after its passage.

Approved January 6, 1869.

AN ACT to prevent the unlawful driving away of Cattle and other Stock by Drovers and others.

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That any drover or other person or persons who shall drive off, or who shall knowingly or willingly suffer or per

mit to be driven off from the premises of any citizen of said territory, or from the range on which the stock of any such citizen usually run, any horses, mules, neat cattle, hogs, sheep, or any stock belonging to such citizen, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceed ing one hundred dollars, and be liable for all costs and damages, or by imprisonment in the county jail, not exceeding thirty days.

SEC. 2. Any justice of the peace in any county through which said stock shall pass, or in which it may be found, shall have jurisdiction of the offense: Provided, That conviction before one justice shall be a bar to any other prosecution for the same offense.

SEC. 3. That all moneys collected under the provisions of this act, shall be paid into the school fund of the county in which the offense is committed.

SEC. 4. This act to take effect and be in force from and after its passage.

Approved December 30, 1868.

AN ACT to amend an Act supplementary to an Act entitled "An Act amendatory of an Act entitled 'An Act regulating the holding of Elections in Montana Territory,'" approved November 22, 1867.

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

SECTION 1. That section one of said act be so amended as to read as follows: "That nothing in an act entitled 'An Act to amend an act regulating the holding of elections in Montana territory," approved November 22, 1867, shall be so construed as to conflict with or abridge the rights of any person or persons enfranchised by a law of congress, approved January 24, 1867."

SEC. 2. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 3. This act to take effect and be in force from and after its passage.

Approved December 30, 1868.

AN ACT concerning Stallions.

Be it enacted by the Legislative Assembly of the Territory of Montana : SECTION 1. If any stallion or stud horse, ridgling, or any unaltered male mule or jackass over the age of two years, be found running at large, the owner shall be fined for the first offense ten dollars, and for each subsequent offense not more than fifty nor less than twenty-five dollars, to be recovered by civil action, before a justice of the peace, in the name of any person who will prosecute for the same, one-half to his own use and the other half to the use of the county.

SEC. 2. Any person may take up any such horse, mule or jackass found running at large, and if not claimed in five days may castrate him, such castration being performed in the usual manner, so that the life of the animal be endangered as little as possible.

SEC. 3. This act to take effect and be in force from and after its passage.

Approved December 30, 1868.

AN ACT to regulate the Tolls on certain Stock over the Toll Road from Virginia City in Madison County to Sterling, in Hot Spring District.

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That from and after the passage of this act, the tolls on certain stock over the toll road from Virginia city, in Madison county, to Sterling, in Hot Spring district, shall be as follows: For each pack animal, twenty-five cents; for each head of loose horses, cattle or mules, ten cents; for each head of sheep, goats or hogs, two and one-half cents.

SEC. 2.

its passage.

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

Approved January 7, 1869.

AN ACT to declare the Military or Mullen road a Public Highway. Be it enacted by the Legislative Assembly of the Territory of Montana : SECTION 1. All that portion of the military road known as the Mullen road from Fort Benton to the summit of the Coeur d'Alene mountains, be and the same is hereby declared a public highway; and any person or persons collecting toll on the said Mullen road shall be deemed guilty of a misdemeanor, and on conviction before any court of competent jurisdiction, shall be fined in any sum not less than twenty-five nor more than one hundred dollars, and be adjudged to pay all costs of prosecution.

SEC. 2.

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

its passage.
Approved January 7, 1869.

AN ACT establishing the County of Dawson, defining the Boundaries, and locating the County Scat thereof.

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That all that part of Montana territory embraced within the following boundaries, be and the same is hereby created a county, to be known as Dawson county, to wit: Commencing at the intersecting point of parallel of latitude forty-seven degrees, with meridian of longitude one hundred and eight degrees, and thence along said parallel forty-seven degrees to meridian of longitude one hundred and four degrees, and from thence along said meridian north to forty-ninth parallel of latitude, and from thence along said parallel forty-nine degrees to meridian of longitude one hundred and eight degrees, and from thence south along said meridian to place of beginning.

SEC. 2. That it shall be the duty of the governor to appoint suitable persons to fill the county officers for said county, who shall qualify and hold their respective offices until the general election in eighteen hundred and sixty-nine.

SEC. 3. The county seat of said county of Dawson is hereby

located at Fort Peck. That the county of Dawson shall be attached to the county of Choteau for council and representative purposes. SEC. 4. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 5. This act to take effect and be in force from and after its passage.

Approved January 15, 1869.

AN ACT to amend an Act entitled "An Act authorizing the County Commissioners of Missoula County to levy Tax for Bridge purposes," approved December second, 1867.

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That section one of an act authorizing the county commissioners of Missoula county to levy a special tax for bridge purposes, approved December second, 1867, be so amended as to read: "The county commissioners of Missoula county shall, at the time other taxes are levied, levy a tax, not less than five nor more than ten mills on the dollar, upon all property in their county liable to taxation for the purpose of completing the payments on the bridge over the Hell Gate river, near the town of Missoula.

SEC. 2. This act to take effect and be in force from and after its passage.

Approved December 22, 1868.

AN ACT authorizing the levying of a Special Tax in Deer Lodge County. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That Granville Stuart, Allen Hardenbrook, and Robert Kelley, of Deer Lodge, are hereby constituted a board of special commissioners for the purpose of levying a special tax, not to exceed four mills on the dollar, upon all property in said