AN ACT to provide for Contested Elections.

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

SEC. 1. That if any candidate or elector of the proper county or representative or council district chooses to contest the validity of any election, or the rights of any person proclaimed duly elected to his seat in the council or house of representatives, such person shall give notice thereof, in writing, to the person whose election he intends to contest, or leave a written notice thereof at the house where such person last resided, within twenty days after the election, expressing the points on which the same will be contested, and the names of two justices of the peace who will officiate at 'the taking of depositions, and when and where they will attend to taking the same; and such notice shall be served at least five days. before the day so pointed out therein for the taking of the depositions.

SEC. 2. That the said justices, or either of them, shall have power, and are hereby authorized and required to issue subpoenas to all persons whose testimony may be required by either of the parties, and the said two justices when met shall hear and certify, under seal, all testimony relative to such contested election to the speaker of the branch of the legislative assembly where the person whose seat is contested may be returned to serve at the next session.

SEC. That no person shall contest the election of any member of the council or house of representives unless he is an elector of that county or district from which the person is returned to serve. No testimony shall be received by the justices on the part of the person contesting the election which does not relate to the point specified in the notice, a copy of which notice shall be delivered to the said justices and by them transmitted to the speaker of the branch of the legislative assembly where the contest is to be decided, with the other documents.

SEC. 4. That the method to be pursued in contesting the election of any person declared duly elected sheriff, coroner, county

auditor, county recorder, county treasurer, county commissioner, county assessor, or other officers, shall in every respect be similar to the method directed as aforesaid to be pursued in contesting the election of members of the council and house of representatives of the legislative assembly, save only that the testimony taken as aforesaid, and all matters relative to such contest, be sent to the probate court of the proper county on or before the second day of the term next ensuing the thirty days allowed in which to take depositions by the preceding sections; and the said probate court at the first term after the thirty days shall have expired, shall hear and determine the contest.

SEC. 5. That the judge who carries the poll book to the clerk of the probate court of the proper county shall be entitled to receive for the same twenty-five cents per mile from the place of election to the county seat, to be paid out of the county treasury.

SEC. 6. That if any officer charged with any duties under this act shall refuse or neglect to perform the duties required of him by this act, according to the trve intent and meaning thereof, he shall, on conviction thereof before any court having recognizance to that amount, be fined in any sum at the discretion of the court, not exceeding two hundred dollars.

SEC. 7. That all fines and penalties imposed by this act shall be recovered with costs of suit in an action of debt for the use of the county.

SEC. 8. This act shall take effect and be in force from and after its passage.

[Approved February 9, 1865.]

AN ACT relating to Counties and County Officers.

ARTICLE I.

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

SEC. 1. That each organized county within this Territory, shall be a body corporate and politic; and as such, shall be empowered for the following purposes: First, To sue and be sued. Second,

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use of the

To purchase and hold real and personal estate for the county, and lands sold for taxes, as provided by law. Third, To sell and convey any real or personal estate owned by the county, and make such order respecting the same as may be deemed conducive to the interests of the inhabitants. Fourth, To make all contracts, and do all other acts in relation to the property and concerns, necessary to the exercise of its corporate or administrative powers. Fifth, To exercise such other and further powers, as may be especially conferred by law.

SEC. 2. Any real or personal estate, heretofore, or which may be hereafter, conveyed to any county, shall be deemed the property of such county.

SEC. 3. The powers of a county as a body corporate and politic, shall be exercised by a board of county commissioners, therefor.

SEC. 4. Each county organized for judicial purposes, shall, at its own expense, provide a suitable court-house, and a sufficient jail, and other necessary county buildings, and keep them in repair.

SEC. 5. In all suits or proceedings by or against a county, the name in which the county shall sue or be sued, shall be, the board of commissioners of the county of (the name of the

county,) but this provision shall not prevent county officers, when authorized by law, from suing in their name of office, for the benefit of the county.

SEC. 6. In all legal proceedings against the county, process shall be served on the clerk of the board of county commissioners; and whenever such suit or proceeding shall be commenced, it shall be the duty of the clerk forthwith to notify the county attorney thereof, and to lay before the board of county commissioners, at their next meeting, all the information he may have in regard to such suit or proceeding.

SEC 7. On the trial of any suit in which the county may be interested, the inhabitants of such county shall be competent witnesses and jurors, if otherwise competent, and qualified according to law.

SEC 8. When a judgment shall be rendered against the board of county commissioners of any county, or against any county officer, in an action prosecuted by or against him in his name of office, when the same shall be paid by the county, no execution

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shall issue upon said judgment; but the same shall be levied and paid by tax or other county charges; and when so collected, shall be paid by the county treasurer to the proper person to whom the same shall be adjudged, upon the delivery of a proper voucher therefor: Provided, That execution may issue on said judgment, if payment be not made within sixty days after the time required for the payment of county taxes to the county treasurer, by the proper officers of said county in each year.

SEC. 9 The board of county commissioners shall consist of three qualified electors, any two of whom shall be competent to transact business, who shall be elected according to law.

SEC. 10. At the first election had, to choose the first board of commissioners of any county, the person having the highest number of votes shall continue in office three years, the next highest two years, and the next highest one year; but if two or more persons have the same number of votes, then their terms shall be determ¦ ined by lot, under the direction of the board of canvassers returning the election; and annually thereafter, one commissioner shall be elected, and shall continue in office three years: Provided That the first election for county and township or precinct officers, shall be held on the first Monday in April, A. D 1865, in the county of Madison but in no other county in this Territory, at that time, and the time between the first Monday in April, A. D. 1865, and the first Monday in September, A. D. 1865, shall constitute the first year in said county of Madison, and the term of office of all officers elected on the said frst Monday in April, A. D. 1865, shall expire on the first Monday in September, A. D. 1865, or as soon thereafter as their successors shall be elee and quefied.

SEC. 11. Said board of county commissioners shall meet at the county seat of each county, on the first Monday in May, August, November and February in each year, and at such other times as they may deem expedient, and in the counties, the population of which is under ten thousand, such commissioner may sit six days in each term, but, if the population exceed ten thousand they may sit nine days, should the business require it: Provided, That at their first session they may sit not to exceed fifteen days.

SEC. 12. Each person elected as such commissioner, shall, on receiving a certificate of his election, take an oath to support the

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Constitution of the United States and the Organic Act of this Ter-
ritory, and to perform the duties of his office to the best of his
ability, which oath being indorsed upon said certificate under the
hand and seal of the person administering it, shall be sufficient for
said person to act as said commissioner.

SEC. 13. Each member of the board of county commissioners,
shall be paid by the county, a compensation for his services and
expenses, in attending the meetings of said board, at the rate of ten
dollars per day for the time he shall actually attend, as herein before
limited and prescribed, including the time necessary in going to
and returning from the same. They shall also be entitled to
twenty cents per mile for the distance actually travelled, in going
to and returning from the county seat.

Amended

SEC. 14. The board of county commissioners of each county,
shall have power at any meeting: First, To make such orders tingut

concerning the property belonging to the county as they may deem
expedient. Second, To examine and settle all accounts of the

fund receipts and expenses of the county, and to examine, settle and 234

allow all accounts chargeable against the county; and when so

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settled, they may issue county orders therefor, as provided by law. nd
Third, To build and keep in repair county buildings, and cause the
same to be insured in the name of the county treasurer for the
benefit of the county, and in case there be no county buildings, to
provide suitable rooms for county purposes. Fourth, Apportion
and order the levying of taxes, as provided by law, and to borrow
money upon the credit of the county, a sum sufficient for the erec-
tion of county buildings, or to meet the current expenses of the
county, in case of a defiicit in the county revenue. Fifth, To
represent the county and have the care of the county property and
the management of the business and concerns of the county in all
cases where no other provision is made by law. Sixth, To set off,
organize and change the boundaries of townships in their respective
counties, designate and give names to them, and to fix the time and
place of holding the first election therein. Seventh, To establish
one or more election precincts in any township, as the convenience
of the inhabitants may require. Eighth, To lay out, alter or dis-
continue any road running through one or more townships in such
county, and to perform such other duties respecting roads as may
be required by law. Ninth, To grant licenses for keeping ferries

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