in case they do not serve, as provided by law in other elections. Said election shall be held and returns thereof made and certified in all respects as provided by law for the election of members of the Legislative Assembly. A copy of said returns of said election shall be delivered to the commissioners, who shall canvass the same within three days from the time received, and the persons receiving the highest number of votes for the several officers to be elected under this act, and the aldermen for each ward shall be declared by said commissioners, or any four of them, duly elected to said offices. If two or more persons shall, at said election, receive the same number of votes for one of said offices, the commissioners shall determine the same by lot. Thereafter, on the first Monday in May each annual election shall take place.

Sec. 25. In case of rejection of this charter by a majority of the voters at the first election, at any time or times thereafter, when sixty of the qualified voters of said city shall petition said commissioners for a re-submission of said charter to the voters of said city, then it shall be the duty of said commissioners to again submit the adoption, or rejection, of this charter to a vote of the qualified voters of said city, and if upon said second submission a majority shall adopt this charter, then the same shall be in full force and effect from the time of its adoption. Said re-submission shall be conducted as in section 24 provided, and whenever said commissioners, or a majority of them present in said city, shall be of the opinion that an incorporation is desired, they may re-submit said charter, so many times as in their judgment shall be proper, for adoption, or rejection, in the manner in said section provided.

Sec. 26.

its passage.

This act shall take effect and be in force from and after

Approved February 21, 1879.

AN ACT to provide for the codification of the general laws of Montana Territory. Be it enacted by the Legislative Assembly of the Territory of Montana :

Section I. That Harry R. Comly, of the county of Lewis and Clarke, Montana Territory, be, and he is hereby, designated as a

commissioner whose duty shall be to arrange and codify the general laws of the Territory as they may exist at the expiration of the present session of the Legislative Assembly.

Sec. 2. The said commissioner shall prepare the said codification in the form of an engrossed bill and report the same to the next session of the Legislative Assembly for its action. He shall also cause to be printed in book form the laws so codified, and shall cause to be delivered to the Territorial auditor three hundred copies of the same at least two months prior to the next regular session of the Legislative Assembly; and the said auditor, upon receipt of the same, shall send by mail one copy thereof to each of the members who shall be returned as elected to the next Legislative Assembly, one copy to each of the members of the present Legislative Assembly, and one copy each to the governor, the judges of the supreme court, and the judges of the several probate courts, and one copy thereof to each practicing attorney at law within the Territory who shall apply to the auditor therefor.

Sec. 3. In making such codification, the said commissioner shall arrange all laws relating to the practice in civil cases in the courts of justice in this Territory under one division; all laws relating to the practice in criminal cases under another division; and all laws relating to crimes and punishments under another; all other laws shall be arranged under proper titles and sections of another division. In consolidating the sections of any two or more acts he shall strictly conform to the meaning and intention of the laws as they now stand, and as near as may be the exact wording. Where it is evident that errors exist in any laws, in grammatical construction or orthography, or in referring to sections of other laws, he shall correct the same, but in all such cases he shall report to the next Legislative Assembly all such errors and corrections. Sec. 4. The said commissioner shall receive, as compensation for his services, the sum of one thousand dollars, and for the purpose of printing the codification, as herein contemplated, the sum of one thousand five hundred dollars; and the sum of two thousand five hundred dollars for such purpose is hereby appropriated out of any moneys not otherwise appropriated in the Territorial treasury; and the Territorial auditor is hereby directed to draw his warrant upon the Territorial treasurer for the said amount of two thousand

five hundred dollars in favor of said commissioner, when said commissioner shall have filed in the auditor's office the engrossed copy of the codification heretofore referred to for the use of the next Legislative Assembly: Provided, That said commissioner shall file at the same time, in the auditor's office, a good and sufficient bond to the Territory of Montana in the penal sum of three thousand dollars, with two sufficient sureties, conditioned for the faithful performance of his duties as prescribed in this act.

Sec. 5. Before proceeding to perform any duties required by this act, and as a token of his acceptance of the duties imposed, the said commissioner shall take and subscribe to the following oath of office and file the same in the office of the Territorial auditor:

I do solemnly swear that I will faithfully perform the duties of commissioner to codify the laws of Montana Territory as prescribed by an act of the Legislative Assembly entitled "An act to provide for the codification of the general laws of Montana Territory," to the best of my skill and ability; that in codifying and arranging said laws I will to the best of my skill and ability endeavor so to do as to preserve the meaning and intention of said laws, and as near as may be the exact wording of the same, as they shall be and remain upon the adjournment of the eleventh session of the Legislative Assembly.

Sec. 6. The said commissioner shall dispose of the one thousand five hundred dollars appropriated in section 4 of this act for the purpose of furnishing the three hundred copies of the said codification in book form. The printing of such codification shall be paid for at the same rate now allowed by the United States government, under the laws thereof, for public printing, and the auditor shall draw his warrant as hereinbefore provided for the cost of the printing of such codification at the rates aforesaid: Provided, the Territory of Montana shall in no case be held responsible for any greater amount than the said sum of one thousand five hundred dollars for such printing, nor shall any portion of the appropriation herein made be paid for any number of copies of such codification less than said number of three hundred.

Sec 7. No money herein appropriated shall be paid, nor shall the auditor draw his warrant for any part of the amount in this act

appropriated, until the number of copies of such codification herein specified shall be printed and delivered as herein required; nor shall any portion of the amount herein appropriated to the said Harry R. Comly be paid unless such codification be printed in the manner in this act provided.

[The foregoing act having been presented to the governor of the Territory of Montana for his approval, was, on February 21, 1879, returned by the governor to the Council, in which it originated, without his approval and with his objections thereto. The objections were entered at large upon the journals of the Council; the vote by which the bill was passed was reconsidered, and on the question being put "Shall this bill pass, the objections of the governor to the contrary notwithstanding?" It was passed by a two-thirds vote of the Council. The bill was then sent to the House of Representatives, together with the objections of the governor. The vote by which the bill was passed was then immediately reconsidered, and upon the question "Shall this bill pass, the objections of the governor to the contrary notwithstanding?" It was passed by a two-thirds vote of the House.]

AN ACT to provide for the refunding of the overdue bonds of Missoula county, with accrued interest, and for other purposes.

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

Section I. The county commissioners of Missoula county are hereby authorized and empowered to issue, on the credit of said county, coupon bonds to an amount sufficient to enable them to redeem all outstanding fifteen (15) per cent. bonds.

Sec. 2. Said bonds shall be of the denomination of five hundred ($500) [dollars] and of one thousand ($1,000) dollars each, and shall bear interest at the rate of six per cent. per annum. They shall be in such form as the board of commissioners may prescribe, and shall be signed by the chairman of the board of county commissioners, and the treasurer of said county, and shall also be sealed with the seal of said county, and countersigned by the clerk thereof. The coupons attached to said bonds shall be signed by the chairman of said board, the treasurer of the county, and the county clerk. Each bond issued under the provisions of this act shall be registered by said county treasurer, in a book to be kept for that purpose, and such registration shall show the number and amount of each bond, and when and to whom issued.

Sec. 3. The commissioners of Missoula county are hereby authorized and empowered to issue to the party, or parties, holding or owning the fifteen (15) per cent. bonds of said county now due

and unpaid, a sufficient amount of six per cent. bonds of said county, at their par value, as will enable them to take up and pay off said bonds, with the accrued interest thereon: Provided, The same may be done with the consent of the holder, or holders, of the fifteen per cent. bonds.

Sec. 4. The treasurer of said county shall pay in lawful money of the United States, at the expiration of six (6) months from the date of the issue of such bonds, 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; but in case the holder, or holders, of any such bonds issued under the provisions of this act, shall elect to have the principal or interest of said bonds paid in the city of New York, or elsewhere, then, upon giving the treasurer of said county notice thereof, and designating some bank, or banking house, in said city of New York, or elsewhere, the treasurer of said county is hereby authorized and directed to pay the same at such designated bank, or banking house. All coupons so paid shall be reported to the board of commissioners at their first meeting thereafter.

Sec. 5. The treasurer shall register, in a book kept for that purpose, all bonds redeemed by him, which book shall show the amount of the bond, its number and date, 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. shall, also, cancel the same with a cancelling stamp.

He

Sec. 6. The county commissioners of the county of Missoula, at their regular meeting on the first Monday of March, 1879, and thereafter on the first Monday in January of each year, upon the basis of the receipts and expenditures of the county for the preceding fiscal year, shall levy the following ad valorem tax upon each dollar of property subject to taxation in said county, to-wit:

First. To meet the current expenses of said county for the ensuing year not exceeding twelve (12) mills on the dollar, which shall constitute the current expense fund of said county, and shall be applied to the payment of the current expenses of said county.

Second. They shall levy annually a sufficient number of mills