AN ACT supplemental to an act entitled an act to provide for the Expenses of Montana Territory.

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

SEC. 1. The form of the warrants of the auditor drawn on the treasurer for the payment of money shall be as follows: Warrant No.

TERRITORY OF MONTANA.

dollars out of any money in the treasury not other

100

wise appropriated.

Territorial Auditor.

Presented for payment,

186-.

Territorial Treasurer.

SEC. 2. All acts and parts of acts contravening section one of

this act are hereby repealed.

SEC. 3. This act shall take effect from and after its passage. [Approved February 3, 1865.]

AN ACT to authorize certain persons to solemnize Marriage.

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

SEC. 1. Marriage, as far as its validity is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and the parties shall be of the age of majority.

SEC. 2. No marriage shall be contracted while either of the parties shall have a husband or wife living, nor between parties who

are nearer of kin than second cousins, computing by the rules of civil law, whether by the half or whole blood.

SEC. 3. That marriages may be solemnized by any judge of a court of record, by any justice of the peace in the county or judicial district in and for which he is appointed or elected by the governor of this Territory, or by a minister of the gospel who may be settled over any congregation in this Territory as minister thereof.

SEC. 4. That every person solemnizing marriage shall make a record thereof, and within three months after such marriage, shall make out and deliver to the recorder of deeds of the county in which the marriage took place, a certificate, under his hand, of the following form, and deliver a copy to either or both of the parties, if requested.

SEC. 5. The certificate shall be in the following form:

This is to certify that the undersigned, a justice of the peace of said county (minister of the gospel, judge, etc., as the case may be), did, on the day of

lawful wedlock T — B

-, A. D. 18. -, join in

with their mutual consent, in presence of P

SEC. 6. All such certificates shall be filed and recorded by the said recorder, in a book to be kept by him for that purpose, and he shall receive a fee of one dollar from the person solemnizing said marriage, who shall be entitled to receive the same from the parties. before the marriage.

SEC. 7. That every person solemnizing marriages, who shall neglect to make and deliver to the recorder a certificate thereof. within the time above specified, shall forfeit for such neglect a sum not less than twenty nor more than fifty dollars; and every recorder who shall neglect to record such certificate, so delivered, shall forfeit the like penalty.

SEC. 8. That every person who shall wilfully make and deliver a false certificate of marriage, or pretended marriage, or undertake to join others in marriage, knowing he is not lawfully authorized so to do, or knowing any legal impediment to the proposed marriage, he shall, on conviction in any court of competent jurisdic

tion, be fined in a sum not exceeding five hundred dollars, and be imprisoned in the Territorial prison until such fine is paid.

SEC. 9. No marriage solemnized before any person professing to be a judge or justice or minister, shall be deemed or regarded void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority, provided it be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

SEC. 10. The original certificate and record of marriage made by the judge, justice, or minister, as prescribed in this act, and the record thereof by the recorder of the county, or a copy of such record, duly certified by the recorder, shall be received by all courts, and in all places, as presumptive evidence of the fact of such marriage.

SEC. 11. Illegitimate children shall become legitimatized by the subsequent marriage of their parents with each other.

SEC. 12. All fines arising under this act, in consequence of a breach of this act, shall be paid into the county treasury for the use of common schools; and said fines shall be recovered by a civil action, to be brought by any person aggrieved or by the county

treasurer.

SEC. 13. This act shall take effect and be in force from and after its passage and approval by the governor.

[Approved February 6, 1865.]

AN ACT defining the time for Acts and Joint Resolutions to take effect.

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

SEC. 1. All acts and joint resolutions which declare that they take effect from and after their passage and approval by the governor, are hereby declared to so take effect only at the seat of government; and in other portions of the Territory allowing fifteen miles from the seat of government for each day.

SEC. 2. All acts and joint resolutions which do not take effect

from and after their passage and approval by the governor, shall take effect and be in force in all parts of this Territory upon the day named in such act or joint resolution.

SEC. 29.

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

[Approved February 6, 1865.]

AN ACT providing for the collection of the Revenue.

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

SEC. 1. An annual ad valorem tax of forty cents upon each one hundred dollars value of taxable property, for Territorial purposes, upon the assessed value of all property in this Territory not by this act exempted from taxation, is hereby levied and directed to be collected and paid; and upon the same property the board of commissioners of each county is also hereby authorized and empowered to levy and collect, annually, a tax for county expenditures, not exceeding one hundred cents on each one hundred dollars; for the support of the poor, not more than one mill on the dollar; and upon the same property the board of commissioners of each county is also hereby authorized and empowered to levy and collect such additional and special taxes as the laws of this Territory may authorize or require them to levy and collect. Provided, however, That whenever the board of commissioners levy any tax, they shall cause such levy to be entered on the record of their proceedings, and shall direct their clerks to deliver a certified copy thereof to the assessor and treasurer, each of whom shall file said copy in his office.

SEC. 2. Every tax levied under the provisions or authority of this act is hereby made a lien against the property assessed, which lien shall attach on the first Monday of June in each year on all property then in this Territory, and shall not be satisfied or removed until the taxes are all paid or the property has absolutely vested in a purchaser under a sale for taxes

SEC. 3. All property, of every kind and nature whatsoever,

within this Territory, shall be subject to taxation, except, First, All lands and lots of ground, with buildings, improvements, and structures thereon, belonging to the Territory, or any municipal corporation, or to any county of the Territory; and all lands belonging to the United States, or to this Territory; and all buildings and improvements belonging to the United States, or this Territory. Second, Court-houses, jails, town halls, houses occupied by fire and military companies, and their apparatus, and other public structures and edifices, and all squares and lots kept open for health or public uses, or for ornament, belonging to any county, city, town, or village in this Territory; public libraries, colleges, school-houses, and other buildings, for the purpose of education, with their furniture, libraries, and all other equipments, and lots or lands thereto appurtenant, and used therewith, so long as the same shall be used for that purpose. Provided, That when any of the property mentioned in this sub-division is private property, from which a rent or other valuable consideration is received for its use, the same shall be taxed as other property. Third, Public asylums, hospitals, poor-houses, and other charitable or benevolent institututions for the relief of the indigent or afflicted, and the lots or lands thereto appurtenant, with all their furniture and equipments; all grounds and buildings belonging to agricultural societies, so long as the same shall be used for that purpose only, and without pecuniary gain. Fourth, Churches, chapels, and equipments, and the lots of ground appurtenant thereto, and used therewith. Provided, Rent is not paid for such ground so long as the same shall be used for that purpose only, without yielding rent. Fifth, The buildings and lots of ground appurtenant thereto, and used therewith, owned and used by the order of "Free and Accepted Masons," the "Independant Order of Oddfellows," or by any benevolent or charitable society, except such buildings and lots of ground as are owned in connection with individual owners, then only to the extent owned by such orders or societies. Sixth, Cemeteries and graveyards, set apart and used for the purposes of interring the dead. Seventh, The property of widows or orphan children, not to exceed the amount of one thousand dollars to any one family. Eighth, Growing crops. Ninth, Mining claims. Provided, That all machinery used in mining claims, and all property and improvements appurtenant to or upon mining claims, which have an independent