jury, give their opinion to them on any matter of law pertaining to their duties as grand jurors, and shall-when requested by any county or township officer-give to them, their opinion on any matter of law pertaining to their duties, without fee or reward. They shall also prosecute, on behalf of the people, all forfeited recognizances, and shall receive, to their own proper use, ten per centum of all monies collected, and ten per centum on all forfeited bonds and recognizances, and undertakings wherein the people are a party, or necessarily involved in the action.

SEC. 5. They shall receive an annual salary of fifteen hundred dollars, payable quarterly, out of the Territorial treasury, out of any moneys not otherwise appropriated, upon an order drawn upon the Territorial treasurer by any judicial district judge of their respective districts. They shall be entitled to the following fees, to wit: For every conviction of felony where the punishment is death, fifty dollars; for every conviction of felony where the punishment is other than death, twenty-five dollars; and for every misdemeanor, the sum of fifteen dollars; payable out of the county treasury where the offence shall have been committed, as other moneys are drawn and paid out of said treasury.

SEC. 6. This act to take effect, and be in force, from and after its approval by the governor.

[Approved January 10, 1865.]

AN ACT designating the time for holding a term of the district court in Madison county.

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

SEC. 1. That the first term of the district court for the county of Madison for the present year shall commence on the second Monday in March next, instead of the first Monday in February, as designated by the governor's proclamation, and at such other times as may hereafter be prescribed by law.

SEC. 2. All writs and other process heretofore returnable to the

February term shall be returned to the term of court to commence on the second Monday in March.

SEC. 3. This act shall be in force from and after its passage. [Approved January 10, 1865.]

AN ACT to prevent betting and gambling.

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

SEC. 1. That if any person shall deal, play at, or make any bet or wager for money, or other things of value, at any of the games called or known as "three card monte," "strap game,' 'thimble rig game," "patent safe game," "black and red game,” -commonly known as the "ten dice game," any dice game, two card box at "faro," or any similar game or games, or shall induce, or attempt to induce, any person whatever to make any bet or wager at any such game, any such person so offending shall, on conviction, be punished by imprisonment for a term not exceeding five years in the county jail, or by fine not exceeding one thousand dollars, or both such fine and imprisonment, by any court of competent jurisdiction.

SEC. 2. If the keeper of any house, shop, tent, saloon, booth, or other place, shall knowingly permit any of the games mentioned in the preceding section, or any game of similar character, or any other game or games where fraud or cheating is practiced, or where loaded dice, marked cards, or waxed cards are used, within said house, shop, tent, saloon, booth, place, or enclosure, every such person so offending shall, on conviction, be punished by fine not exceeding one thousand dollars, and shall forfeit any license he may have obtained to keep any tavern, saloon, shop, or other place.

SEC. 3. This act shall take effect and be in force from and after its passage and approval by the governor.

[Approved January 11, 1865.]

AN ACT relating to fords.

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

SEC. 1. That no charter for ferry or bridge company granted by the legislature of this Territory shall be so construed as to authorize such company to exclude or prevent the public from the free use of any ford that may cross any stream at or near the ferry or bridge of said company.

SEC. 2. The owner or keeper of such bridge or ferry shall not in any way obstruct the passage to or from any ford across any stream; and any person, upon conviction of thus obstructing any fording or ford in any manner whatsoever, shall be liable to a fine of not less than fifty dollars nor more than one hundred dollars.

SEC. 3. This act to take effect and be in force from and after its passage.

[Approved January 11, 1865.]

AN ACT to prevent the carrying of concealed deadly weapons in the cities and towns of this Territory.

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

SEC. 1. If any person shall within any city, town, or village in this Territory, whether the same is incorporated or not, carry concealed upon his or her person any pistol, bowie-knife, dagger, or other deadly weapon, shall, on conviction thereof before any justice of the peace of the proper county, be fined in any sum not less than twenty-five dollars nor more than one hundred dollars.

SEC. 2. The provisions of this act shall not be construed to apply to sheriffs, constables, or police officers.

SEC. 3. This act shall be in force from and after its passage.

[Approved January 11, 1865.]

AN ACT adopting the common law of England.

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

SEC. 1. That the common law of England, so far as the same is applicable and of a general nature, and not in conflict with special enactments of this Territory, shall be the law and the rule of decision, and shall be considered as of full force until repealed by legislative authority.

SEC. 2. This act shall be in force from and after its passage. [Approved January 11, 1865.]

AN ACT concerning lost goods and estrays.

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

SEC. 1. Any person stopping or taking up any kind of water craft or timber, logs or lumber, adrift upon any water-course within or upon the borders of this Territory, or lodged upon the shore or bank thereof, or any stray beast, or finding any money or personal property, shall proceed forthwith as follows:

SEC. 2. If the property does not exceed ten dollars in value he shall put up two written advertisements, containing a notice of the finding, and description of the property, in two public places of the township where it is found, and file one such notice in the county clerk's office; and if no owner appears within six months from advertisement and proves his property and pays the reasonable charges the property shall vest in the finder.

SEC. 3. If the property exceeds ten dollars, and does not exceed thirty dollars in value, the finder shall, within five days after the finding, appear before a justice of the peace of the county, or the county clerk, and make a written statement, setting forth the

time and place of the finding, and a general description of the property, and the officer shall issue his warrant appointing three disinterested persons to examine the property, and to report under their hands an appraisement and an accurate description of the property, sesting forth all marks that may assist to identify the same. The report shall be sworn to by the appraisers and also by the finder, so far as the state or condition that the property named was in at the time when found, and that neither the property nor any mark on the same has been altered or defaced by him or by any other person with his knowledge or consent.

SEC. 4. If the property is appraised at more than ten dollars in value, the justice shall return the statement of the finder, his warrant, and the report of the appraisers, with the affidavit, to the county clerk, and the county clerk shall enter them at large in a book to be kept for that purpose, and post a notice containing the finder's statement and the appraisers' report on the door of the court house, and the finder shall also give such notice as before directed. If the property is appraised at more than ten and not more than thirty dollars, and if no owner appear and prove his property and pay the charges thereon within nine months from the filing of the papers with the clerk, the property shall vest in the finder on his paying the costs of the above proceedings, and not before.

SEC. 5. If the appraisement of the property exceed thirty dollars, in addition to the notices above directed, the county clerk shall publish for four weeks in some newspaper in his county, or if there be none, then in some other county in the Territory, a notice of the time and place of finding, with the finder's name, and a general description of the property, and if no owner appear and prove his property within twelve months from the time the notices above directed were first published, the finder may take the property, and the right thereof shall be vested in him if he will pay the expenses and pay one-half of the appraised value out of the original appraisement, deducting the charges, into the county treasury.

SEC. 6. If the finder does not take the property on the above terms, the county clerk shall issue a warrant under his hand, to the sheriff or a constable, to sell the property in the same manner as on execution, and having deducted the whole charges, to pay one-half of the remainder into the county treasury and the other