those lands, he shall be entitled to a right of way through the farms or tracts of land which lie between him and said stream, or the farms cr tracts of land which lie above and below him on said stream, for the purposes as herein before stated.

SEC. 3. That such right of way shall extend only to a ditch, dyke, or cutting sufficient for the purposes required.

SEC. 4. That in case the volume of water in said stream or river shall not be sufficient to supply the continual wants of the entire country through which it passes, then the nearest justice of the peace shall appoint three commissioners, as hereinafter provided, whose duty it shall be to apportion, in a just and equitable proportion, a certain amount of said water, upon certain alternate weekly days, to different localities, as they may in their judgment think best for the interest of all parties concerned, and with a due regard to the legal rights of all.

SEC. 5. That upon the refusal of owners of tracts of land or lands through which said ditch is proposed to run to allow of its passage through their property, it shall be proper for any justice of the peace, upon application being made, and proper notice being given to parties, as in other cases of litigation under the jurisdiction of a justice of the peace, to appoint three commissioners or reviewers, composed of disinterested claim holders within the townships, who shall proceed to view the premises, taking into consideration the necessities and rights of both parties, also the size of the cutting.

SEC. 6. That if the commissioners thus appointed shall think proper, they shall proceed to assess any damage which said ditch may cause to the owner of the lands through which it passes, taking also into consideration any advantage which he may derive from said ditch.

SEC. 7. That said assessment, upon its proper returns, sworn to and properly certified, the justice of the peace shall proceed to render his judgment, based upon the assessment of the commissioners, as he would do in any action of debt which may come under his jurisdiction, and subject to the like mode of execution and enforcement. In case the damage shall exceed the jurisdiction of the justice of the peace, the commissioners shall report to the probate judge of the county, who shall proceed in the same manner as required of the justice of the peace.

SEC. 8. That all persons on the margin, brink, neighborhood, or precinct of any stream of water, shall have the right and power to place upon the bank of said stream a wheel, or other machine, for the purpose of raising water to the level required for purposes of irrigation, and that the right of way shall not be refused by the owners of any tract of land upon which it is required, subject to the like regulation as required for ditches, and laid down in the preceding sections.

SEC. 9. That the said commissioners, as provided for in section five, shall be allowed two dollars each per day for their services.

SEC. 10. That the provisions of the sections of this act shall not conflict with any rights of mills or millmen, or interfere with any milldam, race, or water course which already exists.

SEC. 11. That the provisions of this act shall also entail upon the parties using water as provided above, the careful management and control of said water, that in their waste they shall not injure any one, and if so injured, damages shall be assessed as hereinbefore provided.

SEC. 12. That this act to take effect from and after its passage. [Approved January 12, 1865.]

AN ACT to exempt the property of married women from execution in certain

cases.

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

SEC. 1. That the property owned by any married woman before her marriage, and that which she may acquire after her marriage, by descent, gift, grant, devise, or otherwise, and the increase, use, and profits thereof, shall be exempt from all debts and liabilities of the husband, unless for necessary articles procured for the use and benefit of herself and her children under the age of eighteen years: Provided, however, That the provisions of this act shall extend only to such property as shall be mentioned in a list of the property of such married woman as is on record in the office

of the register of deeds of the county in which such married woman resides.

SEC. 2. This act to take effect and be in force from and after its passage.

[Approved January 12, 1865.]

AN ACT concerning Attorneys and Counsellors at Law.

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

SEC. 1. No person shall be permitted to practice as an attorney and counsellor at law, or to commence, conduct or defend any action, suit or plaint, in which he is not a party concerned in any court of record within this Territory, either by using or subscribing his own name, or the name of any other person, without previously having obtained a license for that purpose from some two of the justices of the supreme court, which license shall constitute the person receiving the same an attorney and counsellor at law, and shall authorize him to appear in all the courts of record within this Territory, and there to practise as an attorney and counsellor at law, according to the laws and customs thereof, for and during his good behavior in said practice, and to demand and to receive all such fees as an attorney and counsellor at law in this Territory.

SEC. 2. No person shall be entitled to receive license as aforesaid until he shall have obtained a certificate from the court of some county, of his good moral character, also a certificate from one or more reputable counsellors at law, that he has been engaged in the study of law for two successive years prior to the making of such application.

SEC. 3. It shall be the duty of the supreme court to appoint a standing committee of three attorneys at law for each judicial district of this Territory, whose duty it shall be to examine all applicants for license as aforesaid, and if upon such examination a majority of such committee shall deem the applicant qualified to practise as an attorney and counsellor at law in the courts of this Territory,

they shall sign a certificate to that effect, and transmit the same to the clerk of the supreme court.

SEC. 4. It shall be the duty of the clerk of the supreme court to make out and keep a roll or record, stating at the head or commencement thereof, that the persons whose names are therein written, have been regularly licensed and admitted to practise as attorneys and counsellors at law within this Territory, and that they have duly taken the oath to support the Constitution of the United States and the Organic Act of this Territory, and also the oath of office prescribed by law, which shall be certified and endorsed on said license.

SEC. 5. And no person whose name is not subscribed to, or written on the said roll with the day and the year when the same was subscribed thereto, or written thereon, shall be suffered, or admitted to practise as an attorney or counsellor at law within this Territory, under the penalty hereinafter mentioned, anything in this act to the contrary notwithstanding; and the justices of the supreme court in open court, shall have power, at their discretion, to erase the name of any attorney or counsellor at law from the roll for mal-conduct in his profession.

SEC. 6. In all cases where an attorney of any court of this Territory, or solicitor in chancery, shall have received, or may hereafter receive, in his said office of attorney, or solicitor, in the course of collection or settlement, any money or other property belonging to any client, and shall upon demand made, and a tender of his reasonable fees and expenses, refuse or neglect to pay over or deliver the same to the said client, or to any person duly authorized to receive the same, it shall be lawful for any person interested to apply to the supreme court of this Territory, for a rule-upon the said attorney or solicitor to show cause at a time to be fixed by the said court, why the name of said attorney or solicitor should not be stricken from the roll, a copy of which rule shall be duly served on said attorney or solicitor at least ten days previous to the day upon which said rule shall be made returnable; and if upon said rule it shall be made to appear to the said court that such attorney or solicitor has improperly neglected or refused to pay over or deliver said money or property so demanded as aforesaid, it shall be the duty of said court to direct that the name of said attorney or solicitor be stricken from the roll of attorneys in said court.

SEC. 7. Every attorney, before his name is stricken off the roll, shall receive a written notice from the clerk of the supreme court, stating distinctly the grounds of complaint, or the charges exhibited against him, and he shall, after such notice, be heard in his defence, and allowed reasonable time to collect and prepare testimony for his justification; and any attorney whose name shall at any time be stricken from the roll by order of the court, in the manner aforesaid, shall be considered as though his name had never been written thereon, until such time as the said justice, in open court, shall authorize him to sign or subscribe the same..

SEC. 8. All attorneys or counsellors at law, judges, clerks and sheriffs, and other officers of the several courts within this Territory, shall be liable to be arrested and held to bail, and shall be subject to the same legal process, and may, in all respects, be prosecuted and proceeded against in the same court and in the same manner as other persons are, any law, usage or custom to the contrary notwithstanding: Provided, nevertheless, said judge, counsellors and attorneys of said court, shall be privileged from arrest while attending courts, and while going to and returning from

court.

SEC. 9. Any person producing a license or other satisfactory voucher proving that he hath been regularly admitted an attorney at law in any court of record within the United States, that he is of good moral character, may be licensed and permitted to practice as a counsellor and attorney at law in any court in this Territory without examination.

SEC. 10. If any person not licensed as aforesaid shall receive any money, or any species of property as fee or compensation for services rendered or to be rendered by him as attorney or counsellor at law within this Territory, all money so received by him shall be considered as money received to the use of the person paying the same, and may be recovered back with costs of suit, by an action for money had and received, and all property conveyed or delivered for the purpose aforesaid, or the value thereof, may be recovered back with costs of suit by the person conveying or delivering the same, by action of detenue or trover and conversion, and the person receiving such money or property shall forfeit threefold the amount or value thereof, to be recovered with costs of suit before any magistrate, if within a magistrate's jurisdiction, but if not in