notice of the election and submitted under the provisions of this

act.

Sec. 3. The judges of said election shall be appointed by the county commissioners, and such election shall in all respects be conducted as provided by law for general elections, except that no judge, clerk, or other officer of such election, or the county clerk, or other officer of said county, shall be entitled to have or receive any compensation for services rendered in connection therewith.

Sec. 4. Upon the canvass of the vote so cast, the board of canvassers shall make and sign a certificate setting forth the number of votes so cast for the places submitted, and the place having the highest number of votes shall be by them, in said certificate, declared to be the county seat of Meagher county, and such certificate shall be filed in the office of the county clerk: Provided, In case of a tie vote between the places named, the place which has been granted the largest sum by subscription toward the erection of county buildings shall be declared the county seat.

Sec. 5. When it shall have been determined by the election that the county seat is changed from Diamond city, and the sum of not less than one thousand dollars shall have been deposited in the county treasurer's office by persons interested in the location of said county seat, as a donation to said county, and a warrantee deed to said county of at least two acres of land, situated at the point to which said county seat has been changed by the vote, shall have been executed and filed in the office of the county clerk, it shall be the duty of said commissioners to immediately thereafter cause the erection of suitable offices for the several county officers, and the county jail, upon said tract of land: Provided, That the sum to be expended for such county buildings, and for the removal of the county seat, shall not exceed the sum of one thousand dollars over and above the amount received by subscription therefor.

Sec. 6. It shall be the duty of the county commissioners, within sixty days from the time of the canvass of the vote as required in section 4 of this act, to cause the books, office furniture, and records belonging to said county, to be removed to the place declared to be the county seat by said election: Provided, They shall receive a written agreement, signed by two or more responsible persons, and approved by the chairman of said board,

guaranteeing to said county the free use of a hall, which may be by said board deemed suitable for a court room, for the use of the district court for a term of five years from and after the removal of said county seat.

Sec. 7. If upon the canvass of the vote at the election provided for in this act, the said county seat shall not be removed from Diamond city, the county commissioners are authorized, upon receipt of a petition signed by 100 voters of said county, to submit the said question of the removal of the county seat to the voters of said county at the next general election: Provided, That no election shall be ordered, or held, under the provisions of this act until the county commissioners of said county shall have received a petition, signed by at least 100 voters of said county, asking for the removal of the county seat of said county. Approved February 21, 1879.

AN ACT to enable the county of Gallatin to erect a court house and jail in said county. Be it enacted by the Legislative Assembly of the Territory of Montana :

Section 1. That the county commissioners of Gallatin county are hereby authorized and empowered to issue, on the credit of said county, coupon bonds, to an amount not exceeding the sum of twenty-five thousand dollars, or so much thereof as may be necessary, to enable them to erect a court house and jail, which said bonds shall be redeemable at the pleasure of said county after seven years from their date, and shall be dated on the day of their issue, and shall become due and payable fifteen years from their date.

Sec. 2. Said bonds shall be of the denominations of fifty, one hundred, five hundred, and one thousand, dollars each, and shall bear interest at a rate not exceeding eight per cent. per annum. They shall be in such form as the board of county commissioners may direct, and they shall be signed by the chairman of the board of county commissioners, and the treasurer of said county. shall also be sealed with the county seal of said county, and countersigned by the clerk of said county. The coupons attached to the bonds shall be signed by the chairman of said board, the

They

treasurer of the county, and the county clerk

Each bond issued

shall be registered by the said county treasurer, in a book provided for that purpose, and such registration shall show the number and amount of each bond, and when and to whom issued; and the faith of said Gallatin county is hereby pledged for the payment of the interest and the redemption of the principal of said bonds.

Sec. 3. For the purpose of carrying into effect the provisions of this act, the said commissioners are hereby authorized to have engraved, or lithographed, at the lowest possible rates, suitable bonds with coupons attached, and shall pay therefor out of any moneys in the treasury of said county not otherwise appropriated.

Sec. 4. The said county commissioners shall, whenever it becomes necessary, order a sale of the bonds provided for in this act. Such sale of bonds shall be by public auction, to the highest bidder for cash, and for not less than their par value, and shall be made at the door of the court house in said Gallatin county. Notice of the time and place of such sale shall be given by advertisement in one or more newspapers, published in this Territory, for a period of not less than four weeks prior to the time of such sale, and in like manner, by giving notice in one or more weekly newspapers, published in the city of New York, State of New York, for a period of not less than four weeks; said notice to be given in said weekly newspaper or newspapers sixty days prior to time of such sale.

Sec. 5. The treasurer of said county shall pay in lawful money of the United States, at the expiration of six months from the date of the issue of each bond, the interest due thereon, and semiannually thereafter, upon presentation at his office of the proper coupon, which shall show the amount due, and the number of the bond to which it belonged. All coupons so paid shall be reported to the county commissioners at their first meeting thereafter. Should the holders of said bonds, to an amount not less than one thousand dollars, give the treasurer notice, in writing, that they desire the bonds so held by them, and the interest accruing thereon, to be paid at a designated national bank in the city of New York, then the said bonds and coupons, so held by such person or persons, shall be payable at said bank in the city of New York; otherwise said bonds and coupons shall be payable at the office of said county treasurer.

Sec. 6. The proceeds of the sale of said bonds shall be paid into the county treasury of said county to the credit of the court house fund, and shall immediately become available for the purpose of carrying into effect the provisions of this act.

Sec. 7. The treasurer shall register, in a book to be kept for that purpose, all bonds redeemed by him, which book shall show the amount of bond, its number and date, when and to whom issued, and when and from whom redeemed. Said treasurer shall also write across the face of said bond in red ink the word "Redeemed," with the date of such redemption, and shall subscribe his name thereto. He shall also cancel such bonds with a cancelling stamp.

Sec. 8. This act shall not be so construed as to entitle the county treasurer to any other, or further, compensation than he is now allowed by law.

Sec. 9. The county clerk shall receive, in full compensation for his services in making out and signing, and affixing the county seal to the bonds and coupons contemplated in this act, the sum of fifty cents for each bond issued, anything in the law regulating the fees of county clerk to the contrary notwithstanding.

[The foregoing act, having been presented to the governor of Montana Territory, on the fifth day of February, 1879, for approval, and not having been returned by him to that House of the Legislative Assembly in which it originated within the time prescribed by section 1842, chap. I, title XXIII, revised statues of the United States, has become a law without his approval.]

AN ACT to amend the Helena incorporation act.

Be it enacted by the Legislative Assembly of the Territory of Montana: Section I. That section two of an act entitled "An Act to incorporate the town of Helena," approved February 11th, 1876, be, and the same is hereby amended so as to read as follows:

Sec. 2.

That the following described territory shall, for the present, comprise the said town, to-wit: The south west quarter of the north east quarter, the north west quarter of the north west quarter, the south half of the north west quarter, the south west quarter, and the west half of the south east quarter of section thirty

(30); and the west half of the north east quarter, the north west quarter, and the north west quarter of the south west quarter of section thirty-one (31), in township ten (10) north of range three (3) west; the south east quarter, the south half of the north east quarter, and the north east quarter of the north east quarter of section twenty-five (25); and the north half of the south east quarter, and the northeast quarter of section thirty-six (36), in township ten (10) north of range four (4) west of the principal base and meridian in the Territory of Montana.

Sec. 2.

That section twenty, of article seven, of said act, shall be amended so as to read as follows:

Sec. 20. That the police magistrate shall have jurisdiction in all cases arising for a violation of the city ordinances, and he shall have authority to administer oaths, take acknowledgments of deeds and other instruments to be recorded, and take depositions.

Sec. 3. That section twenty-two, of article seven, of said act, shall be amended so as to read as follows:

Sec. 22. That there shall be a police magistrate, city clerk, city assessor, city treasurer, and city marshal, appointed as herein provided. The city clerk, city assessor, city treasurer, and city marshal, in addition to the specific duties herein prescribed, shall severally discharge the duties usually pertaining to said offices respectively, and the manner thereof may be prescribed by ordinance. Sec. 4. That section twenty-four, of article seven, of said act, be, and the same is hereby, amended so as to read as follows:

Sec. 24. That W. K. Roberts, Charles Lehman, and John H. Ming be, and they are hereby, constituted and appointed to act as commissioners to serve in such capacity until the first board of aldermen of said city shall be elected and duly qualified; such commissioners, or any three of them, shall, if a majority of the electors of said city vote in favor of this charter, within thirty days from the acceptance, as aforesaid, proceed to lay out the territory embraced within the limits of the said city of Helena into four wards, and fix the boundaries of the same; and shall also provide for holding the first election herein appointed in the several wards of said city; shall fix the place for holding said election in each of said wards; shall appoint the persons to act as judges of election in each of said wards, who shall be sworn, and whose places may