writ or order was originally issued by him; or, in case of the absence or other disability of said district judge, the said probate judge shall hear the same as provided by law in cases of contempt. SEC. 4. 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 concerning Crimes and Punishments."

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That section one hundred and twelve of "An Act concerning crimes and punishments" be so amended as to read as follows: "If any judge, justice of the peace, sheriff, coroner, constable, clerk or other officer, or assessor of this territory, ministerial or judicial, shall receive or take any fee or reward, to do or execute his duty as such officer, except such as is or shall be allowed by law; or if any such officer shall ask, demand or receive (either before or after service performed) any other or greater fees than are allowed by law, every such officer so offending shall be deemed guilty of extortion, and on conviction shall be fined in any sum not less than two hundred dollars, nor more than one thousand dollars, and on conviction be removed from office, and shall, at the suit of the party aggrieved, be liable for treble the amount of the fees so illegally charged and received.

SEC. 2. All acts or parts of acts in conflict with this act are hereby repealed.

SEC. 3.

its passage.

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

Approved January 14, 1869.

AN ACT concerning Boats.

Be it enacted by the Legislative Assembly of the Territory of Montana : SECTION 1. Any boat found within the waters of this territory is liable, First, for all debts contracted by the master, owner, agent, clerk or consignee thereof, on account of supplies furnished for the use of such boat, or on account of work done or materials furnished in building, repairing, fitting out, furnishing, or equipping such boat; second, for all demands or damages accruing from the non-performance or mal-performance of any contract of affreightment, or any contract relative to the transportation of persons or property entered into by the master, owner, agent, clerk or consignee thereof; third, for all injuries to persons or property by such boat, or by the officers or crew, done in connection with business of such boat.

SEC. 2. Claims growing out of any of the above causes are liens upon such boat, its apparel, tackling, furniture and appendages, including barges and lighters, if owned by the owners of such boat, and used therewith at the time suit is commenced.

SEC. 3. Such liens shall take preference of any claim against the boat itself, or any or all of its owners, growing out of any other causes than those above enumerated, and as between themselves they shall be preferred in the following order: First, those resulting from wages for services rendered on board such boat, within the year then passed, providing that suit is brought within twenty days after the cessation of such labor; second, those resulting from contracts made within this territory; third, all other causes.

SEC. 4. Actions against boats, under the provisions of this act, shall not be brought after the lapse of one year from the time the cause of action accrued.

SEC. 5. The lien shall attach from the commencement of suit, subject only to such other liens as are of preferred class.

SEC. 6. Any raft found in the waters of the territory, shall be liable for all debts contracted by the owner, clerk, pilot or agent thereof, on account of work done, or services rendered for such raft. Claims growing out of either of the above causes shall be liens upon the raft, its tackling and appendages, for the

term of twenty days from the time the right thereof accrued, and the same rules shall govern, and the same process shall be had, that is prescribed for similar liens against boats.

SEC. 7. Any person desiring to take the benefit of this act shall file with any judge, or clerk of any court, or justice of the peace having jurisdiction, a complaint in writing, duly verified by the plaintiff, or his agent or attorney, which complaint shall show that the plaintiff is entitled to the benefit of this act, whereupon, such judge, clerk or justice of the peace, shall issue his warrant to the proper officer, commanding him to seize the boat, its tackling, apparel, furniture and appendages, and detain the same until released by due course of law.

SEC. 8. The complaint shall describe the boat by name as defendant, but, if it have no name, then by such description as will enable the officer attaching to seize the proper property.

SEC. 9. The usual summons shall be issued, directed to the boat by name, or to the property to be attached, if no name appear, and be served upon the master, owner, clerk, agent or consignee thereof, and if none of them can be found, by posting up a copy in some conspicuous part of the boat, or property to be attached The warrant shall be served according to the directions it contains.

SEC. 10. Any sheriff, constable or city marshal, or marshal of the territory, may serve the warrant and summons above mentioned, whether the same issue from the office of clerk, or from a judge or justice of the peace, and any clerk, judge or justice may, in his discretion, appoint any suitable person to serve such. summons and warrant, who shall have all the power of a sheriff in the premises.

SEC. 11. Any master, agent, clerk, consignee, or other person, interested in the boat, may appear by himself, his agent or attorney, for the defendant, and conduct the defense of the suit and no continuance shall be granted to the plaintiff while the boat is in custody.

SEC. 12. The boat may be discharged at any time before final judgment, by giving bonds with at least two sureties, to be approved by the officers serving the warrant, or by the clerk, judge or justice who issued it, in a penalty double the plaintiff's

demand and costs, conditioned, that the obligors will pay the amount found due to the plaintiff with costs.

SEC. 13. If judgment be rendered against the boat, before it is discharged, as provided in the last section, execution shall issue against it, together with its apparel, tackling, furniture and appendages.

SEC. 14. The officer may sell any of the furniture and appendages of the boat, if by doing so, he can satisfy the demand; if he sell the boat itself, he must sell it to the bidder who will advance the amount necessary to satisfy the execution for the lowest fractional share of the boat, unless the person appearing for the boat, require a different and equally convenient mode of sale.

SEC. 15. If a fractional share of the boat be thus sold, the purchaser shall hold such share or interest jointly with the

owners.

SEC. 16. Nothing herein contained shall affect the right of a plaintiff to sue in the same manner as though this act had not been enacted.

SEC. 17. It shall be sufficient for the plaintiff to allege in hist complaint or affidavit that the services were rendered or material furnished the boat by its name.

SEC. 18. This act to take effect and be in force from and after its passage.

Approved January 13, 1869.

AN ACT to provide for the Exemption of Homesteads from forced sale upon Execution or other final process.

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

SECTION 1. A homestead, consisting of any quantity of land, not exceeding eighty acres, used for agricultural purposes, and the dwelling house thereon and its appurtenances, to be selected by the owner thereof, and not included in any town plot or city, or village, or, instead thereof, at the option of the owner, a quantity of land, not exceeding in amount one-fourth of an acre, being

within a town plot or city or village, and the dwelling house thereon, and its appurtenances, owned and occupied by any resident of this territory, shall not be subject to forced sale on execution or any other final process from a court: Provided, Such homestead shall not exceed in value the sum of two thousand five hundred dollars.

SEC. 2. Such exemption shall not affect any laborers' or mechanics' lien, or extend to any mortgage thereon, lawfully obtained, but such mortgage or other alienation of such homestead by the owner thereof, if a married man, shall be void unless the wife join in the execution of the conveyance thereof; and nothing contained in this act shall be so construed as to affect any existing debt or debts contracted in this territory prior to the passage of this act.

SEC. 3. Whenever a levy shall be made upon the lands or tenements of a householder whose homestead has not been selected and set apart by metes and bounds, such householder may notify the officer, at the time of making such levy, of what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to sale under such levy.

SEC. 4. If the plaintiff in execution shall be dissatisfied with the quantity of land selected and set apart as aforesaid, the officer making such levy shall cause the same to be surveyed, beginning at a point to be designated by the owner, and set off in a compact form, including the dwelling house and its appurtenances, to the amount specified in the first section of this act, and the expense of such survey shall be chargeable on the execution, and collected thereupon, if it shall appear, after such survey, that the owner of such land did not correctly state his metes and bounds, otherwise the expense of such survey shall be borne by the person directing the same.

SEC. 5. Any person owning and occupying any dwelling house on land not his own, which land he shall be rightfully in possession of by lease or otherwise, and claiming such house as his homestead, shall be entitled to the exemption of such house.

SEC. 6. Real estate exempt from forced sale on execution or other final process, as the homestead of a family, shall likewise,