と 1 AN ACT relating to the discovery of gold and silver quartz leads, lodes, or ledges, and of the manner of their location. 1671347 Ose Idaho it heb 4, 18645 Legislative Assembly of the Territory SEC. 1. That any person or persons who may hereafter discover any quartz lead, lode or ledge shall be entitled to one claim thereon by right of discovery, and one claim each by pre-emption. SEC. 2. That in order to entitle any person or persons to record in the county recorder's office of the proper county any lead, fode, or ledge, either of gold or silver, or claim thereon, there shall first be discovered on said lode, lead, or ledge à vein or crevice of quartz or ore with at least one well defined wall. SEC. 3. Claims on any lead, lode, or ledge, either of gold or silver, hereafter discovered, shall consist of not more than two hundred feet along the lead, lode, or ledge, together with all dips, spurs, and angles emanating or diverging from said lead, lode, or ledge, as also fifty feet on each side of said lead, lode, or ledge for working purposes. Provided, That when two or more leads, lodes, or ledges shall be discovered within one hundred feet of each other, either running parallel or crossing each other, the ground between such leads, lodes, or ledges shall belong equally to the claimants of the said leads, lodes, or ledges, without regard to priority of discovery or pre-emption. SEC. 4. When any leads, lodes, or ledges shall cross each other, the quartz ore or mineral in the crevice or vein at the place of crossing shall belong to and be the property of the claimants upon the lead, lode, or ledge first discovered. SEC. 5. That before any record shall be made under the provisions of this act, there shall be placed at each extremity of the discover claim a good and substantial stake, not less than five inches in diameter, said stake to be firmly planted or sunken in the ground, extending two feet above the ground, that upon each stake there shall be placed in legible characters the name of the lead, lode, or ledge, and that of the discoverer or discoverers, the date of discovery, and the name of each pre-emptor or claimant, and the direction or bearing, as near as may be, of his or her claim, said Red '67-249stake and the inscriptions thereon to be replaced at least one in Amended 6771 90. twelve months by the elaimente on said leads, lodes, or ledges, if SEC. 6. Notice of the discovery or pre-emption upon any lead, SEC. 7. That any person or persons who shall take up or destroy, or cause the same to be done, any of the said stakes, or who shall in any wise purposely deface or obliterate any part or portion of the writing or inscription placed thereon, shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any court of competent jurisdiction, shall be punished by a fine of not more than one thousand dollars, or imprisoned in the county jail not more than ninety days, or by both such fine and imprisonment. 17070 SEC. & That the amount of ground which may be taken up mended upon any lead, lode, or ledge, in addition to the discovery claim, shall be limited to ten hundred feet along said lead, lode, or ledge, in each direction from the discovery claim thereon, SEC. 9. All lead, lode, or ledge claims taken up and recorded in pursuance with the provisions of this act, shall entitle the person recording to hold the same to the use of himself, his heirs and assigns; and conveyances of quartz claims shall hereafter require the same formalities, and shall be subject to the same rules of construction, as the transfer and conveyance of real estate. SEC. 10. That if at any time previous to the passage of this act claims have been taken up and recorded in the recorder's office of the proper county, upon any actual or proper lead, lode, or ledge of quartz ore or mineral, the owners or proper claimant or claimants of said respective claims shall hold the same to the use of themselves, their heirs and assigns. * all auch lead. represented 1 shall ledge performs thereon 6 & there after x SEC. 11. That the act relating to the discovery of gold and silver quartz lodes, and the manner of their location, passed by the Idaho legislature, and approved February 4, 1864, and all other acts, or parts of acts, inconsistent with this act, be, and the same are hereby repealed. SEC. 12. That this act shall take effect from and after its passage. [Approved December 26, 1864 ] AN ACT fixing the age of majority. Idaho at Jan 6, 1864 st Be it enacted by the Legislative Assembly of the Territory of Montana: SEC 1. That all male persons of the age of twenty-one years, and all females of the age of eighteen years, and who are under no legal disability, shall be capable of entering into any contract, and shall be to all intents and purposes held and considered to be of lawful age. SEC. 2. This act shall take effect and be in force from and after its approval by the governor. [Approved December 26, 1864.] 167,55-92 AN ACT to provide for the expenses of Montana Territory. 452 Be it enacted by the Legislative Assembly of the Territory of Montana: Mont 547 SEC. 1. That the auditor of the Territory is hereby empowered to issue territorial warrants, drawn upon the treasury of the Territory in favor of all persons to whom the legislative assembly of the Territory may direct. SEC. 2. That the treasurer shall pay out of any funds in his font 36 hands applicable to such use, the amount stated as due in the au ditor's warrants only, in the order in which they are drawn, accord ing to priority of date. Provided, That all warrants are receivable into the treasury in payment of any taxes, licenses, or other dues due the Territory, and all warrants bearing date the same day bear equal priority, and shall be paid in the order in which they are presented for payment. SEC. 3. The auditor shall issue his warrants on the treasurer in any sum that the party entitled to the same may desire: Provided, They shall not be less than five dollars unless the sum due is less than that amount. SEC. 4. That all warrants drawn by the auditor on the treasury of the Territory shall be in the following form: Mont 37 SEC. 5. That the warrants drawn by the auditor of this Territory on the treasurer shall be received by the sheriff or collector of the revenue in payment of taxes, fines, and penalties, or other dues to the Territory, at par, and shall be received from such officer by the treasurer in settlement of revenue due from such sheriff or collector of the Territory. SEC. 6. No sheriff or collector of the revenue shall buy, purchase, trade for, or in any manner deal in the warrants drawn by the auditor except at their par value; and for every offence com"mitted against the provisions of this act shall be fined in any sum not exceeding five hundred dollars SEC. 7. That each year the auditor shall make an estimate of the probable amount of revenue derivable from the various sources, and report the same to the legislative assembly of the Territory, by which they may be governed in their appropriations, and that every warrant shall be cancelled or paid in its own fiscal year out of the sums in the hands of the treasurer, and that no warrants shall be issued over and above the estimate of said auditor, duly reported to the legislative assembly. SEC. 8. That all territorial warrants issued by the proper au :1 Mont 545° thorities of the Territory shall draw interest at the rate of ten per cent. per annum from and after the date of their presentation, until there are funds to pay said warrants in the hands of the treasurer. SEC. 9. That the time intervening between the passage of this act and the first day of January, one thousand eight hundred and... sixty-five, or the commencement of the first fiscal year, shall, for the purposes of this act, be considered part of the fiscal year of eighteen hundred and sixty-five. SEC. 10. This act to take from and after its passage. [Approved December 26, 1864.] AN ACT to create a lien in favor of ranchmen and others. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. That any ranchman, faru.er, agistor or herder of cattle, tavern-keeper, or livery stable keeper, to whom any horses, mules, asses, cattle, or sheep shall be entrusted, and a contract for their keeping be entered into between the parties for the purpose of feeding, herding, pasturing, or ranching, shall have a lien upon said horses, mules, asses, cattle, or sheep for the amount that may be due for such feeding, herding, pasturing, or ranching, and shall be authorized to retain possession of such horses, mules, asses, cattle, or sheep until the said amount is paid. Provided, That the provisions of this act shall not be construed to apply to stolen stock. SEC. 2. This act to take effect and be in force from and after its passage. [Approved December 28, 1864.] |