atoid the effect thereof, shall transfer such person to the custody of another, or shall place him or her under the power or control of another, or shall conceal or exchange the place of his or her confinement or restraint, or shall remove him or her without the jurisdiction of such judge, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding five thousand dollars nor less than one thousand dollars.

SEC. 38. Every person who shall knowingly aid or assist in the commission of any offence specified in the last preceding section, shall be deemed guilty of a misdemeanor, and punished as in the last preceding section.

SEC. 39. Every person convicted of any offence under the provisions of the last preceding section, in addition to the punishment therein mentioned, may also be imprisoned in the county jail for a term not exceeding one year.

its

SEC. 40. This act to take effect and be in force from and after passage

[Approved January 11, 1865.]

• Mont 656 Wordman of thanks Ang 9 40

AN ACT to protect and regulate the irrigation of land in Montana Territory,

Repeated 170 457

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

SEC. 1. That all persons who claim, own, or hold a possessory right or title to any land, or parcel of land, within the boundary of Montana Territory, as defined in the organic act of this Territory, when those claims are on the bank, margin, or neighborhood of any stream of water, creek, or river, she be entitled to the use of the water of said stream, creek or river for the purpose of irrigation, and making said claim available to the full extent of the soil for agricultural purposes.

SEC 2 That when any person owning claims in such locality has not sufficient length of area exposed to said stream in order to obtain a sufficient fan of water necessary irrigate his land, or that his farm or land used by him for agricultural purposes is \too far removed from said stream, and that he has no water facilities on

Mont 168 inconst

cases.

Dhout 555 15 11 446

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

SEC. 1. That the property owned by any married woman before her marriage, and that which she may acquire after her marriage, by descent, gift, grant, devise, or otherwise, and the increase, use, and profits thereof, shall be exempt from all debts and liabilities of the husband, unless for necessary articles procured for the use and benefit of herself and her children under the age of eighteen years: Provided, however, That the provisions of this act shall extend only to such property as shall be mentioned in a list of the property of such married woman as is on record in the office

of the register of deeds of the county in which such married woman resides,

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

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

17

SEC. 1. No person shall be permitted to practice as an attorney and counsellor at law, or to commence, conduct or defend any action, suit or plaint, in which he is not a party concerned in any court of record within this Territory, either by using or subscribing his own name, or the name of any other person, without previously having obtained a license for that purpose from some two of the jus tices of the supreme court, which license shall constitute the person receiving the same an attorney and counsellor at law, and shall authorize him to appear in all the courts of record within this Territory, and there to practise as an attorney and counsellor at law, according to the laws and customs thereof, for and during his good behavior in said practice, and to demand and to receive all such fees as an attorney and counsellor at law in this Territory.

SEC. 2. No person shall be entitled to receive license as aforesaid until he shall have obtained a certificate from the court of some county, of his good moral character, also a certificate from one or more reputable counsellors at law, that he has been engaged in the study of law for two successive years prior to the making of such application.

SEC. 3. It shall be the duty of the supreme court to appoint a standing committee of three attorneys at law for each judicial district of this Territory, whose duty it shall be to examine all applicants for license as aforesaid, and if upon such examination a majority of such committee shall deem the applicant qualified to practise as an attorney and counsellor at law in the courts of this Territory,

they shall sign a certificate to that effect, and transmit the same to the clerk of the supreme court.

SEC. 4. It shall be the duty of the clerk of the supreme court to make out and keep a roll or record, stating at the head or commencement thereof, that the persons whose names are therein written, have been regularly licensed and admitted to practise as attorneys and counsellors at law within this Territory, and that they have duly taken the oath to support the Constitution of the United States and the Organic Act of this Territory, and also the oath of office prescribed by law, which shall be certified and endorsed on said license.

SEC. 5. And no person whose name is not subscribed to, or written on the said roll with the day and the year when the same was subscribed thereto, or written thereon, shall be suffered, or admitted to practise as an attorney or counsellor at law within this Territory, under the penalty hereinafter mentioned, anything in this act to the contrary notwithstanding; and the justices of the supreme court in open court, shall have power, at their discretion, to erase the name of any attorney or counsellor at law from the roll for mal-conduct in his profession.

SEC. 6. In all cases where an attorney of any court of this Territory, or solicitor in chancery, shall have received, or may hereafter receive, in his said office of attorney, or solicitor, in the course of collection or settlement, any money or other property belonging to any client, and shall upon demand made, and a tender of his reasonable fees and expenses, refuse or neglect to pay over or deliver the same to the said client, or to any person duly authorized to receive the same, it shall be lawful for any person interested to apply to the supreme court of this Territory, for a rule upon the said attorney or solicitor to show cause at a time to be fixed by the said court, why the name of said attorney or solicitor should not be stricken from the roll, a copy of which rule shall be duly served on said attorney or solicitor at least ten days previous to the day upon which said rule shall be made returnable; and if upon said rule it shall be made to appear to the said court that such attorney or solicitor has improperly neglected or refused to pay over or deliver said money or property so demanded as aforesaid, it shall be the duty of said court to direct that the name of said attorney or solicitor be stricken from the roll of attorneys in said court.