county, liable to taxation, both real and personal, for the purpose of paying the debt now due and owing by said county, for the construction of the court house in Deer Lodge city.

SEC. 2. The tax provided in the preceding section, shall be levied from the assessment roll of the year A. D. 1869, and it is hereby made the duty of the county treasurer to collect said tax, at the same time and in the same manner as other taxes are collected, and he shall receive the same per centage for such collection.

SEC. 3. The tax collected by the provisions of this act shall be paid out by the county treasurer, upon the order of the said special commissioners, which order shall be signed by at least two members of said board.

SEC. 4. In case any surplus funds remain, after defraying the cost of the construction of the court house, such funds shall be placed to the credit of the county fund.

SEC. 5.

its passage.

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

Approved January 14, 1869.

AN ACT entitled An Act for the relief of Hot Spring School District, Madison

County.

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

SECTION 1. Whereas, in the apportioning of the School fund of Madison county in November, 1868, Hot Spring district of said county failed to receive its proper portion of said fund; and whereas, it appears that the same is justly due said district, therefore the county superintendent of said county is hereby authorized, and it is hereby made his duty, to allow in the next apportionment for said county in May, 1869, in addition to what is then due said district, the amount which said district should have received in November, 1869, had the proper apportionment been made for said district according to law.

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

Approved December 22, 1868.

AN ACT to repeal an Act entitled "An Act providing for holding regular Terms of the Probate Court of Deer Lodge County at Phillipsburgh in said County." Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. The act entitled "An Act providing for holding regular terms of the probate court of Deer Lodge county," approved December 23, A. D. 1867, be and the same is hereby repealed.

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

Approved December 16, 1868.

AN ACT to amend an Act entitled "An Act to define the boundary line of Deer Lodge, Beaver Head and Madison Counties," approved December 23, 1867.

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That the northern and north-western boundary of Madison county be, and the same is established as follows, to wit: " Commencing at the Beaver Head rock, on Beaver Head river, thence in a north-westerly direction to the nearest point on Big Hole river; thence up said river to the mouth of Camp creek, thence up Camp creek, and its right hand fork, to its source, thence to the summit of Table mountain; thence in a direct line to Parson's bridge on Jefferson river.

SEC. 2. That all acts and parts of acts in conflict with this act be and the same are hereby repealed.

SEC. 3.

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

Approved January 12, 1869.

AN ACT to amend an Act entitled "An Act to locate the Seat of Government in and for the territory of Montana," passed January 24, 1865.

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

SECTION 1. That the seat of government in and for the territory of Montana, be, and the same is hereby located at the "town of Helena, Lewis and Clark county, Montana territory."

SEC. 2. That the question of locating the seat of government in and for Montana territory, shall be submitted to a vote of the qualified voters of the territory, at the annual election to be holden on the first Monday of August, A. D. 1869.

SEC. 3. If a majority of all the votes cast shall designate the town of Helena as the seat of government, it shall be by proclamation of the governor so declared, or if a majority so voting shall designate the City of Virginia, Madison county, Montana territory, the governor by his proclamation shall so declare it, and the place having a majority of the votes cast, shall be the seat of government.

SEC. 4. The ballot shall be headed, For the seat of government, Montana territory, and the elector shall write or cause to be written or printed, under said caption, the name of the place he desires to vote for.

SEC. 5. That all acts or parts of acts in any way conflicting with the provisions of 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 2, 1869.

AN ACT to amend and supplementary to an Act entitled "An Act to amend an Act entitled 'An Act to locate the Seat of Government in and for the Territory of Montana,' "" approved January 2, 1869.

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

SECTION 1. If a majority of all the votes cast shall designate the town of Helena as the seat of government of Montana territory, it shall be, by proclamation of the governor of Montana territory, so declared.

SEC. 2. The ballots shall be headed, For seat of government of Montana territory at Helena, or Against seat of government of Montana territory at Helena; and if a majority of all the votes cast in Montana territory designate Helena as the seat of government, then within thirty days after the election, or sooner, if all the votes are returned, it is hereby made the duty of the governor by proclamation to declare Helena the seat of government of Montana territory.

SEC. 3. That the votes cast on the question of the location of the seat of government of Montana territory shall be canvassed in the same manner and by the same persons, and returned in the same form and in the same way, as the votes cast for delegate to Congress.

SEC. 4. That the same penalty shall be incurred for fraudulently voting on the question of location of the seat of govern. ment of Montana territory under the provisions of this act, as is incurred for fraudulently voting for any candidate under the election laws of Montana territory.

SEC. 5. That all acts and parts of acts conflicting with the provisions of this act are hereby repealed.

SEC. 6. This act to take effect and be in force from and after its passage.

Approved January 15, 1869.

AN ACT authorizing the repeal of an Act to incorporate the City of Virginia, approved December 30, 1864.

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

SECTION 1. That on the first Monday of January, A. D. 1870, the question of repealing the act incorporating the city of Virginia, approved December 30, 1864, shall be submitted to the qualified voters of said city, and if a majority of the qualified voters be in favor of the repeal of said act, the same shall be from thenceforward null and void, and of no effect, but if a majority of the votes cast at said election be against the repeal of said act, the same shall remain in full force and effect.

SEC. 2. That the election laws now in force in said city under the charter and ordinances thereof, shall govern and control the election upon this question, and the vote canvassed under said. election laws, and the result of the same shall be announced by a proclamation of the mayor.

SEC. 3. That until said question of repeal is determined as aforesaid, there shall be no further election for city officers under and by virtue of the charter and ordinances of said city, and that the present city officers shall hold their offices under said charter until the question of repeal be determined as aforesaid, unless vacancies occur by reason of death or otherwise; in case a vacancy shall occur in the office of councilman, the same shall be filled by the mayor; in case any vacancy occur in any other office, the same shall be filled by the mayor and council of said city.

SEC. 4. If the act aforesaid be not repealed at the election provided for by this act, then the same shall continue in force, and all offices shall be filled in the manner and at the time now provided by said charter, and act amendatory thereof, and the ordinances thereunder.

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

Approved January 12, 1869.