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8 May, 1872.

expenses of

Mont. 26 May,

sufficient vouchers and proof for the same shall be required by the accounting officers of the Treasury. No payment shall be made or allowed, unless the Secretary of the Treasury has estimated therefor and the object been approved by Congress. No session of the legislature of a Territory shall be held until the appropriation for its expenses has been made.

SEC. 1887. Hereafter no expense for printing, exceeding four thousand dollars, including printing laws, Limitation on journals, bills, and necessary printing of the same printing. nature, shall be incurred for any session of the legisla- 19 June, 1878. ture of any of the Territories.

SEC. 1888. No legislative assembly of a Territory Limitation on shall, in any instance or under any pretext, exceed the legislature. amount appropriated by Congress for its annual expenses. 1964.

SEC. 1889. The legislative assemblies of the several Territories shall not grant private charters or especial privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing, and other cial charters. industrial pursuits, or the construction or operation of 10 June, 1872. railroads, wagon roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any benevolent, charitable or scientific association.

SEC. 1890. No corporation or association for religious or charitable purposes shall acquire or hold real estate in any Territory, during the existence of the Territorial government, of a greater value than fifty thousand imitation on dollars; and all real estate acquired or held by such sons corpora corporation or association contrary hereto shall be real estate. forfeited and escheat to the United States; but existing vested rights in real estate shall not be impaired by the provisions of this section.

SEC. 1891. The Constitution and all laws of the and laws of the United States which are not locally inapplicable shall made applicable have the same force and effect within all the organized tories.

Legislatures not to grant pe

2 March, 1867.

reli

to hold

Mont. 26 May, 1864.

Constitution

Mont. 26 May, 1864.

14

PROVISIONS COMMON TO ALL THE TERRITORIES.

Penitentiaries

Rules for their government.

10 Jan, 1871.

Territories, and in every Territory hereafter organized, as elsewhere within the United States.

SEC. 1892. Any penitentiary which has been, or may hereafter be, erected by the United States in an organized

Territory shall, when the same is ready for the reception 10 Jan., 187... of convicts, be placed under the care and control of the

marshal of the United States for the Territory or district in which such penitentiary is situated; except as otherwise provided in the case of the penitentiaries in Montana, Idaho, Wyoming, and Colorado.

SEC. 1893. The Attorney General of the United States shall prescribe all needful rules and regulations for the government of such penitentiary, and the marshal having charge thereof shall cause them to be duly and faithfully executed and obeyed, and the reasonable compensation of the marshal and of his deputies for their services under such regulations shall be fixed by the Attorney General.

SEC. 1894. The compensation, as well as the expense incident to the subsistence and employment of offenders against the laws of the United States, who have been, or

may hereafter be, sentenced to imprisonment in such Payment of marshal, &c., penitentiary, shall be chargeable on, and payable out of, of subsistence, the fund for defraying the expenses of suits in which

the United States are concerned, and of prosecutions for offenses committed against the United States; but nothing herein shall be construed to increase the maximum compensation now allowed by law to those officers.

SEC. 1895. Any person convicted by a court of competent jurisdiction in a Territory, for a violation of the laws thereof, and sentenced to imprisonment, may,

at the cost of such Territory, on such terms and condiImprisonment in penitentiaries tions as may be prescribed by such rules and regulations,

be received, subsisted, and employed in such penitentiary during the term of his imprisonment, in the same manner as if he had been convicted of an offense against the laws of the United States.

and of expenses

&c , of offenders

Ibid.

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Ibid.

CONCERNING PARTICULAR ORGANIZED TERRITORIES.

15

CHAPTER TWO.

OF PROVISIONS CONCERNING PARTICULAR ORGANIZED

TERRITORIES.

SECTIONS RELATING TO THE TERRITORY OF MONTANA.

and esta blish

tana.

26 May, 1864.

SEC. 1903. All that part of the territory of the United States included within the following limits, to wit: Commencing at a point formed by the intersection of the twenty-seventh degree of longitude west from Washington with the forty-fifth degree of north latitude; thence due west, on the forty-fifth degree of latitude, to a point formed by its intersection with the thirty-fourth degree of longitude west from Washington; thence due Boundaries south, along the thirty-fourth degree of longitude, to a ment of Monpoint formed by its intersection with the crest of the Rocky Mountains; thence following the crest of the Rocky Mountains northward till its intersection with the Bitter Root Mountains; thence northward, along the crest of the Bitter Root Mountains, to its intersection with the thirty-ninth degree of longitude west from Washington; thence along the thirty-ninth degree of longitude northward to the boundary-line of the British Possessions; thence eastward, along that boundary-line to the twenty-seventh degree of longitude west from Washington; thence southward, along the twentyseventh degree of longitude, to the place of beginning, is created into a temporary government by the name of the Territory of Montana.

SEC. 1906. The Delegate to the House of Represen- Delegate to tatives from each of the Territories of Washington, Montana must Idaho, and Montana, must be a citizen of the United the States.

Congress from

United States.

Ibid.

tana.

to United States

,

1874.

or

The judicial SEC. 1907. The judicial power in New Mexico, Utah, power-how vested in Mon- Washington, Colorado, Dakota, Idaho, Montana, and

Wyoming, shall be vested in a supreme court, district courts, probate courts, and in justices of the peace.

SEC. 1909. Writs of error and appeals from the final decisions of the supreme court of either of the Territories of New Mexico, Utah, Colorado, Dakota, Arizona, Idaho, Montana, and Wyoming, shall be allowed to the Supreme Court of the United States, in the same manner

and under the same regulations as from the circuit courts Writs of error of the United States, where the value of the property or Supreme Court. the amount in controversy, to be ascertained by the oath

of either party, or of other competent witnesses, exceeds one thousand dollars, except that a writ of error appeal shall be allowed to the Supreme Court of the United States from the decision of the supreme courts created by this Title, or of any judge thereof, or of the district courts created by this Title, or of any judge thereof, upon writs of habeas corpus involving the question of personal freedom.

SEC. 1910. Each of the district courts in the Territories mentioned in the preceding section shall have and exercise the same jurisdiction, in all cases arising under

the Constitution and laws of the United States, as is Jurisdiction vested in the circuit and district courts of the United of district courts States; and the first six days of every term of the re

spective district courts, or so much thereof as is necessary, shall be appropriated to the trial of causes arising under such Constitution and laws; but writs of error and appeals in all such cases may be had to the supreme court of each Territory, as in other cases.

SEC. 1914. The judges of the supreme courts of the Territories of Idaho and Montana, or a majority of

them, shall, when assembled at their respective seats of Judges of supreme court in government, define the judicial districts of each of such tana to define Territories, and assign the judges who may be appointed

, judicial districts

for each of such Territories to the several districts; and shall also fix the times and places for holding court in

tion, &c.

Ibid.

&c.

Mont. 2 Mar., 1867.

SEC. 1922.

Number of

house of repre

1864.

.

the several counties or sub-divisions in each of such judicial districts, and alter the times and places of holding the courts, as to them. may seem proper and convenient; but not less than two terms a year shall be held at each place of holding court in the Territory of Montana.

The councils of New Mexico and Utah shall each consist of thirteen members, and the house of representatives of twenty-six members. The council of Washington Territory shall consist of nine members, and the house of representatives of eighteen members, which may be increased to thirty. The councils of Colorado and Dakota shall each consist of nine members, which may be increased to thirteen, and the house council and of representatives of thirteen members, which may be sentatives in increased to twenty-six. The council of Arizona shall

Mont. 26 May, consist of nine members, and the house of representa- 19 June, 1878. tives of eighteen members. The councils of Idaho and Montana shall each consist of seven members, which may be increased to thirteen, and the house of representatives of thirteen members, which may be increased to twenty-six. The council of Wyoming shall consist of nine members, which may be increased to thirteen, and the house of representatives of thirteen members, which may be increased to twenty-seven. SEC. 1923. In each of the Territories of Washington, Extra sessions

. Idaho, and Montana, the governor shall have power to sembly in Non

legislative . call the legislative assembly together by proclamation, Mont, 26 May, on an extraordinary occasion, at any time.

SEC. 1926. Justices of the peace, in the Territories of New Mexico, Utah, Washington, Dakota, Idaho, peace in New

of justices of the Montana, and Wyoming, shall not have jurisdiction of other Territoany matter in controversy where the debt or sum claimed exceeds one hundred dollars.

Sec. 1932. The probate courts of the Territory of Montana, in their respective counties, in addition to their probate jurisdiction, are authorized to hear and determine civil causes wherein the damage or debt claimed

tana

,

1864.

Jurisdiction

Mexico and

ries.

Ibid.

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