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more than one ward at one time, the judge of probate shall include all in one bond. SEC. 16. Guardians, on final settlement, shall be allowed such. fees and compensation for their services as shall seem reasonable and just to the judge of probate, not exceeding what are allowed by law to administrators.

SEC. 17. Every father of sound mind and memory, of a child likely to be born, or of any living child under the age of twentyone years, and unmarried, may by his last will or deed, duly executed, dispose of the custody and tuition of such child during its minority, or for a less time, to any person or persons in possession or remainder; and every mother of sound mind and memory, being sole parent, may in like manner dispose of the custody and tuition of a child living, if a father has made no such disposition, or in any other manner restrained the right of the mother.

SEC. 18. Every such disposition, from the time it shall take effect, shall invest in the person or persons to whom it shall be made all the rights and powers and subject him or them to all the duties and obligations of a guardian of such minor, and shall be valid and effectual against every other person claiming the custody or tuition of such minor. Provided, The rights, powers, duties, and obligations of such person or persons may be restrained and regulated by the person making such deed or last will as aforesaid.

SEC. 19. Any person to whom the custody and tuition of such minor is disposed of, may take the custody and tuition of such minor, and maintain all proper actions for the wrongful taking and detention of the minor; he shall also take the management of the real and personal estate of such minor, unless restrained by the deed or will as aforesaid, during the time for which such disposition shall have been made, and bring such actions in relation thereto as a guardian appointed under the provisions of the laws of this Territory.

SEC. 20. Guardians appointed under the provisions of this act shall be subject to removal upon complaint of any person, in behalf of the minor, to the district court of the county in which such guardian may reside, and proof made of mal-conduct or misbehavior in the performance of his duties; and upon the removal of a guardian, the said court is hereby vested with the power to appoint another guardian, and make all such orders as may be necessary to

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compel the guardian to deliver over to his successor the custody of the minor, and to account for the estate, and pay over all moneys belonging to the ward, and to compel such successor to execute a bond, with good security, in such penal sum, and with such conditions, as the court may deem necessary for the security of the rights of the minor; and the said court shall also have power, upon application of any person in behalf of the minor, to require all guardians appointed under the provisions of this act, by the father or mother, or by the court, to give bond and security in such penalty and on such conditions as the court may deem necessary for the security and protection of the minor and of his or her estate.

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

[Approved January 24, 1865.]

AN ACT to authorize the appointment of Commissioners of Deeds.

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

SEC. 1. That the governor of this Territory may appoint and commission in any State or Territory of the United States one or more commissioners of deeds, to continue in office during the pleasure of the governor, who shall have power to administer oaths and take depositions, and the proof and acknowledgement of deeds, and other instruments, to be used or recorded in this Territory.

SEC. 2. Before any such commissioner shall proceed to discharge any of the duties of his said appointment, he shall take and subscribe an oath before some officer authorized to administer oaths in the State or Territory for which he is appointed, that he will faithfully discharge the duties of his said appointment, which oath, together with an impression in wax of his seal of office, shall be filed in the office of the secretary of this Territory.

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

[Approved January 28, 1865.]

AN ACT relating to the Printing of the Laws and Journals of the Council and House of the first Legislative Assembly of the Territory of Montana.

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

SEC. 1. That the secretary of the Territory of Montana, or the governor, in case of the absence or inability of the secretary, shall be, and is hereby requested and empowered to procure, at as early a day as practicable after the adjournment of the legislative assembly, the printing, stitching, and binding, with paper cover, three hundred copies of the laws, memorials, and resolutions passed at the first legislative assembly of the Territory of Montana; also, fifty copies of the journals of each house of the legislative assembly, at the same time and in the same manner that the laws, memorials, and resolutions are to be printed, stitched, and bound, with proper indexes to each and every copy thus published and bound.

SEC. 2 That the person who shall, in accordance with the preceding section, perform the duty assigned, may, and is hereby authorized to make such alterations in orthography, grammatical construction, and punctuation of said laws as he may deem necessary to complete the sense of the same, including any such alterations so required to be made in brackets when printed.

SEC. 3 That the printed volumes of laws, aforesaid, shall be prefaced by the "Declaration of Independence," the "Constitution of the United States," the "Organic Act," of Montana Territory, and the pre-emption and homestead laws of the United States.

SEC. 4. The members of the present legislative assembly of the Territory of Montana shall be entitled to and receive each two copies of the laws, and three copies of the journals of either house of said legislative assembly; and it shall be the duty of the secretary or governor as the case may be to furnish the said members the said copies of laws and said copies of journals to which they are entitled by this act as soon as practicable after publication. SEC. 5. That this act shall take effect and be in force from and after its passage and approval by the governor.

[Approved January 31, 1865.]

AN ACT to provide for issuing and serving certain legal processes on Sunday.

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

SEC. 1. That in all cases where writs of attachment or replevin may now lawfully issue, the same may be issued and served on Sunday; Provided, That the petition asking for the writ shall state, in addition to the facts now by law required to be stated, that the affiant believes he will lose his claim or property unless process issue on that day.

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

[Approved January 31, 1865.]

AN ACT concerning the location of Tunnels.

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

SEC. 1. That if any person or persons shall locate a tunnel claim for the purpose of discovery and mining, he or she shall record the same, specifying the place of commencement and the course thereof, with the names of the parties interested therein.

SEC. 2. That any person or persons so pre-empting any tunnel have the exclusive right to three hundred feet on each side from the centre of said tunnel on any and all lodes that he or they may discover in the course of said tunnel: Provided, That none of said lodes, leads, or ledges were discovered and recorded previous to the pre-emption of said tunnel, in accordance with an act passed by the legislative assembly of the Territory of Montana, entitled, "An act relating to the discovery of gold and silver quartz leads, lodes, or ledges, and the manner of their location."

SEC. 3. That any person or persons who may work any tunnel

or tunnels shall have the right of way through any and all lodes, leads, or ledges that may lie in the course of any of said tunnels; Provided, That all quartz ore or mineral taken from said tunnel from leads, lodes, or ledges belonging to parties other than the said tunnel company, shall be deposited on the surface by said tunnel company and belong to the original occupants or owners of said lead, lode, or ledge.

SEC. 4. That in order to hold any tunnel claims to the use of themselves, their heirs and assigns, they shall, before the expiration of one year from the date of pre-emption, run to the distance or depth of one hundred feet on said tunnel.

SEC. 5. That any person or persons who shall pre-empt any tunnel claim shall be entitled to three hundred feet on each side of the mouth of said tunnel for the purpose of a quartz or ore yard. SEC. 6. This act to take effect and be in force from and after its passage.

[Approved January 31, 1865.]

AN ACT concerning Marks and Brands.

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

SEC. 1. That any person desirous of securing the exclusive use of a particular mark or brand, shall have the exclusive right to use the same for the marking of his or her cattle, horses, mules, asses, hogs, and sheep in the county in which he or she resides, on complying with the provisions of this act.

SEC. 2. Such person shall make and sign a description of the mark or brand which he or she may wish to adopt, and cause the same to be recorded in the office of the county clerk of the county in which he or she resides, and the same description shall not be recorded for more than one resident of the same county.

SEC. 3. If any person shall wilfully mark any of his or her cattle, horses, mules, asses, hogs, or sheep, with the same mark or brand previously recorded by any resident of the same county, and while the same mark shall be used by such resident, the person so

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