the reception of the standard by said county commissioners, have their balances, weights, and measures compared with said standards of their respective counties, and approved and marked by the county inspector, and if the same are found to be correct, to be sealed with the name or initial letters of the county inscribed thereon, or condemned by him if found incorrect.

SEC. 6. That on the first regular meeting of the board of county commissioners in each county in this Territory after the passage of this act, and thereafter annually on the first regular monthly meeting of every year, said county commissioners shall appoint a fit and proper person, who shall be styled "Inspector of of weights and measures," and give bond to the county for the faithful performance of the duties of his office, as said county commissioners may direct.

SEC. 7. That every board of county commissioners shall make out a list of fees to be charged by said inspector. Such fees shall be recoverable as other debts of like amount.

SEC. 8. That it shall be the duty of such inspector to provide at his own expense, all the necessary tools, marks and brands which he may require, and by reason thereof he shall receive no larger fee than he may be allowed in accordance with the preceding. Said fees shall be paid by the parties having weights and measures sealed and approved.

SEC 9. All persons who shall, after the expiration of the time before mentioned, in any county where such inspector shall have been appointed, use within this Territory for the purpose of weighing or measuring any goods, wares, merchandise, gold dust or other article of traffic actually sold by him, any weights or measures which shall not be approved and sealed by the inspector, shall be guilty of a misdemeanor, and upon conviction thereof may be imprisoned not exceeding one year, or fined not exceeding one thousand dollars, in the discretion of the court in which the conviction shall be obtained.

SEC. 10. Whenever it shall come to the knowledge of the inspector that any person or persons within his county have violated any of the provisions of this act, it shall be his duty to enter a complaint against him or them, before some court of competent jurisdiction, to the end that the offender may be punished and fined according to law.

SEC. 11. All fines imposed and collected for violation of the provisions of this act, shall be paid into the county treasury for the use of the people of the county in which the offence has been committed.

SEC. 12. This act shall take effect and be in force from and

after its passage.

[Approved January 24, 1865.]

AN ACT concerning the construction of Statutes.

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

SEC. 1. In the construction of all statutes the following rules shall be observed, unless such construction shall be manifestly inconsistent with the intent of the legislature, or repugnant to the context of the same statute, that is to say: First, All words and phrases shall be understood and construed according to the approved and common usage of the language, but technical words and phrases, and such as may have acquired a peculiar and appropriate meaning, shall be construed and understood according to such peculiar and appropriate meaning. Second, Every word imparting the singular number only, may extend and be applied to one person or thing, or to several persons or things, and every word imparting the masculine gender only, may extend and be applied to females as well as males; and when it says executor, it may mean executrix, and when it says administrator, it may mean administratrix. Third, The words "insane person" shall be construed to include every idiot, non compos, lunatic, or distracted person. Fourth, The word "issue," as applied to descent of estate, shall be construed to include all the lawful lineal descendants of the ancestor. Fifth, The words "land or lands" and the words "real estate" shall be construed to include lands, tenements and hereditaments, and all rights thereto, and all interests therein. Sixth, The word "month" shall be construed to mean a calendar month, and the word "year" a calendar year, unless otherwise expressed. Seventh, The word "oath" shall be construed to include affirmation,

"" to include affirmed.

and the word "sworn Eighth, The word "person" may extend and be applied to bodies politic and corporate. Ninth, The words "town or towns may be construed to include city or cities. Tenth, The word "will" shall be construed to mean codicil as well as will. Eleventh, The words "written or in writing" may be construed to include printing or engraving. Provided, That in all cases where the written signature of any person is required by law, it shall always mean the proper handwriting of such person, or, in case he is unable to write, his proper mark. Twelfth, The word "State," when applied to different parts of the United States, may be construed to include the District of Columbia and the Territories. Thirteenth, The term "court" shall, in all necessary cases, be deemed to refer as well to probate judges and justices of the peace as to courts of record.

SEC. 2. No act or part of an act repealed by another act shall be deemed to be revived by the repeal of the repealing act.

SEC. 3. All general provisions, terms, phrases, and expressions used in any statute, shall be liberally construed, in order that the. true intent and meaning of the legislative assembly may be fully carried out.

SEC. 4. Every act which does not fully prescribe the time when it shall go into operation shall take effect from and after its passage.

SEC. 5. Whenever the term "heretofore" occurs in any statute, it shall be construed to mean any time previous to the day such statute shall take effect; and whenever the word "hereafter " occurs it shall be construed to mean the time after the statute containing the term shall take effect.

SEC. 6. When any subject, matter, party, or person, is described or referred to, by words imparting the singular number, or the masculine gender, several matters, and persons, and females as well as males, and bodies corporate as well as individuals, shall be deemed to be included.

SEC. 7. The rules prescribed in the last two sections shall apply in all cases, unless it be otherwise especially provided, or unless there be something in the subject or context repugnant to such construction.

SEC. 8. No action, plea, prosecution, civil or criminal, pending at the time any statutory provision shall be repealed, shall be affected by such repeal, but the same shall proceed in all respects.

as if such statutory provisions had not been repealed, except that all such proceedings had after the taking effect of any statute passed at this session shall be conducted according to the provisions of such statute, and shall be in all respects subject to the provisions thereof, so far as they are applicable.

SEC. 9. In publishing the acts of the legislative assembly, the enacting clause, the signature of the speaker of the house or representatives, the president of the council, and the governor, shall be omitted, but the date of their approval shall be retained.

SEC. 10. This act shall take effect, and be in force, from and after its passage.

[Approved January 24, 1865.]

AN ACT to provide increased Compensation to Officers in this Territory.

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

SEC. 1. The salaries of the following officers are hereby increased, in addition to the sums already provided by the United States government, as follows:

To the governor and each of the justices of the supreme court, the sum of twenty five hundred dollars. Provided, That in no case shall the additional salary be paid for any quarter during which the officer claiming the same shall not have been in the Territory at least a portion of the quarter.

SEC. 2. The per diem compensation of the members and officers of the legislative assembly is hereby increased, in addition to the compensation provided by the United States government, as follows:

To each member of the assembly the sum of twelve dollars. To each of the chief clerks, assistant clerks, enrolling and engrossing clerks, the sum of eleven dollars; to each of the assistant clerks, not provided for in the organic act of this Territory, the sum of twelve dollars; to each of the sergeants at arms the sum of nine dollars; to each fireman the sum of twelve dollars; to each of the door keepers the sum of seven dollars; to each page em

ployed by the legislative assembly five dollars; the chaplain five dollars.

SEC. 3. The several sums appropriated in section one of this act to the officers therein named, shall be considered as due as follows: The first quarter shall commence at the date of the commission of each officer, and any officer who shall not have been in the Territory at the end of the first quarter, shall draw no money from the Territorial treasury for that quarter, or any other quarter during the whole continuance of which quarter he was absent from the Territory; but to those officers who shall have one or more quarter's salary due them, the first payment shall be made on the first Monday in March, A. D. 1865, and quarterly thereafter, and the Territorial auditor shall issue his warrant on the Territorial treasury in accordance therewith.

SEC. 4. The several sums appropriated in section two of thi act to the officers therein named, shall be due and payable at the end of each week of their several sessions, commencing with the present session, out of any moneys not otherwise appropriated, and the Territorial auditor shall issue his warrant to the Territorial treasurer in accordance herewith.

SEC. 5. In addition to the sums appropriated in sections one and two of this act, each member of the legislative assembly, and each clerk or employe who shall not reside at the Territorial Capital, shall receive twenty-five cents for each mile travelled in going to and returning from the session of the legislature, estimated according to the nearest usually travelled route, and the Territorial auditor shall issue his warrant on the Territorial treasurer in accordance herewith.

SEC 6. This act shall be in force from and after its passage and approval by the governor.

[Approved January 24, 1865.]