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AN ACT to amend sections 535 and 555 of the act relating to probate

courts and estates of deceased persons, approved February 9th, 1877. Be it enacted by the Legislative Assembly of the Territory

of Montana :

Section 1. That section 535 of said act be amended so as to read as follows:

"Sec. 535. If the decedent leave no husband, wife, or kindred, the estate escheats to the Territory." Sec. 2.

That section 555 of said act be so amended as to read as follows:

"Sec. 555. When so claimed, the evidence, and the Sections of probate act joint order of the auditor and treasurer, must be filed by amended,

the treasurer as his voucher, and the property delivered, or the proceeds paid, to the claimant on filing his receipt therefor. If no one succeeds to the estate or proceeds, as herein provided, the property of the decedent devolves and escheats to the people of the Territory, and is placed by the Territorial treasurer to the credit of the general fund.”

Sec. 3. That sections 535 and 555 of said act are hereby repealed.

Sec. 4. This act shall be in force from and after its passage.

Approved February 13, 1879.


AN ACT to enlarge homesteads.

Be it enacted by the Legislative Assembly of the Territory

of Montana:

Section 1. That section three hundred and eleven (311) of an act entitled “An Act to provide a code of civil procedure in the Territory of Montana," approved February 16, 1877, is hereby amended as follows:

Sec. 311.

A homestead consisting of any quantity of land not exceeding one hundred and sixty acres, used for agricultural purposes, and the dwelling house thereon, and its appurtenances to be selected by the owner thereof, and not included in any town plat, city or village; or instead thereof, at the option of the owner, a quantity of land not exceeding in amount one-fourth of an acre, from final probeing within a town plat, city or village, and the dwell- cess. ing house thereon, and its appurtenances, owned and occupied by any 'resident of this Territory, shall not be subject to forced sale on execution, or any other final process from a court: Provided, Such homestead shall not exceed in value the sum of two thousand five hundred dollars.

Approved February 15, 1879.


AN ACT to provide for the incorporation of religious, benevolent, and

other associations. Be it enacted by the Legislative Assembly of the Territory

of Montana:

What associa


Section 1. Associations for the purpose of establishing and conducting churches, lyceums, libraries, lodges of free and accepted Masons, Odd Fellows, Good Templars, granges of Patrons of Husbandry, and all other associations, societies, and orders of like character, agri- tiorstmay incora

, cultural societies, stockgrowers' associations, and other this act. associations and institutions of a like character, may become incorporated upon complying with the provisions of this act.

It shall be lawful for any such association, at a regular meeting thereof, or at a special meeting for that purpose called, to adopt, by a vote of two-thirds of the members thereof then present, a resolution to the following effect : Resolved, That the trustees of this (lodge, or other association, as the case may be), to-wit: (A, be adopted.

Sec. 2.

Resolution to Trustees to


B, C, D, &c., giving the names of the duly elected trustees), be, and are hereby, authorized to incorporate this (lodge, or as the case may be), and for that purpose to file with the proper officer such certificate as is required by law; and said trustees shall conduct the affairs of the corporation so formed until (date at which, by the laws of such association, the next annual election of the trustees thereof occurs).

Sec. 3. The trustees, of whom there shall not be less than three, nor more than nine, named in such resolu

tion, may thereupon make, sign, and acknowledge before make and have any officer authorized to take the acknowledgment of tificate. deeds in this Territory, and have recorded in the office

of the recorder of the county in which the affairs of such association are to be conducted, or, if such association shall be a grand lodge or other body having associations subordinate to it in several counties, then, in the office of the Secretary of the Territory, a certificate in which shall be stated the name, or title, by which the association shall be known, the particular business or objects of the association, the number of trustees to conduct the same, and the time of the annual election of such trus

tees; and shall attach to such certificate a copy of the Resolution to resolution required by section two of this act, which

copy shall be certified by the presiding and recording officers and the seal of such association.

Sec. 4. Upon filing for record such certificate, such

association shall become a body politic and corporate, quired.

with power to sue and be sued by its corporate name, to have and use a common seal, which may be altered at pleasure, to establish a constitution and by-laws, and make all such rules [and] regulations as may be deemed expedient for admission to membership therein, and the termination of such membership, and for the management of its affairs, in accordance with law; to take by purchase, gift, grant, or devise, and hold and use personal property, and so much real estate as may be necessary or convenient to carry out the objects for which it


Powers ac

Limitation of duration

was formed, and to dispose of such property: Provided, That the period of existence of such corporation shall not exceed twenty years.

Sec. 5. Any two or more lodges or other associations may elect, each, not exceeding three of its members with authority to form a corporation for erecting a building, or buildings, and managing, and holding the legal title to, real estate for the use of, and in trust for, such associations according to their respective interests in such property. Such persons shall thereupon file a certificate, May corporat

for building puro as near as may be to the like effect as that provided for poses. in section three of this act, in the office of the county recorder of the county in which the affairs of such corporation are to be conducted, attaching to such certificate a transcript of the record of their election, certified by the presiding and recording officers of their respective associations; and thereupon such persons and their successors in office shall become a body politic and corpoporate, with like powers as other corporations provided for in this act.

Sec. 6. In case any such associations, whether incorporated or not, have, prior to the passage of this act, united together for the purpose of forming, or authorizing the formation of, a corporation similar in its character to those authorized by section five of this act, and the members elected or authorized for that purpose have incorporated, or attempted to incorporate, themselves and have filed a certificate of such incorporation, such incorporation shall be deemed and held to be as valid, to provisions. all intents and purposes, as if the same had been formed after the passage of this act; and if the certificate so filed is not deemed sufficient, such incorporators may file such additional certificate as may be necessary to comply substantially with the provisions of this act; and the title to any property which may have been conveyed to such corporation shall be vested therein according to the true intent and purpose for which the same was originally conveyed.

Retro active

Sec. 7. That the act entitled "An Act to provide for

the formation of corporations other than those for Act repealed. pecuniary profit," approved February 9, 1876, be, and

the same is hereby, repealed: Provided, That such repeal shall not affect any incorporation formed under said act prior to the passage of this act.

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

Approved February 21, 1879.



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AN ACT to amend an Act in relation to irrigation and water rights. Be it enacted by the Legislative Assembly of the Territory

of Montana :

Section 1. That section first, of chapter thirty-four,

of "An Act revising, re-enacting and codifying the amended. general and permanent laws of Montana Territory," ap

proved January 12, 1872, be amended by adding the following to said section, to-wit:

Provided, That in all cases where, by virtue of prior

appropriation, any person may have diverted all the priatorso to re- water of any stream, or to such an extent that there turn surplus wa

shall not be an amount sufficient left therein for those having a subsequent right to the waters of such stream for such purpose of irrigation, and there shall at any time be a surplus of such water so diverted, over and above what is actually used for such purpose by such prior appropriator, such person shall be required to turn and cause to flow back into such stream, such surplus

water, and upon failure so to do, within five days after Demand, how demand being made upon him in writing by any person made.

having a right to the use of such surplus water, such person, so diverting the same, shall be liable to the per

son aggrieved thereby in the sum of twenty-five dollars Penalty.

for each and every day such water shall be withheld

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