auditor, county recorder, county treasurer, county commissioner, county assessor, or other officers, shall in every respect be similar to the method directed as aforesaid to be pursued in contesting the election of members of the council and house of representatives of the legislative assembly, save only that the testimony taken as aforesaid, and all matters relative to such contest, be sent to the probate court of the proper county on or before the second day of the term next ensuing the thirty days allowed in which to take depositions by the preceding sections; and the said probate court at the first term after the thirty days shall have expired, shall hear and determine the contest.

SEC. 5. That the judge who carries the poll book to the clerk of the probate court of the proper county shall be entitled to receive for the same twenty-five cents per mile from the place of election to the county seat, to be paid out of the county treasury.

SEC. 6. That if any officer charged with any duties under this act shall refuse or neglect to perform the duties required of him by this act, according to the trve intent and meaning thereof, he shall, on conviction thereof before any court having recognizance to that amount, be fined in any sum at the discretion of the court, not exceeding two hundred dollars.

SEC. 7. That all fines and penalties imposed by this act shall be recovered with costs of suit in an action of debt for the use of the county.

SEC. 8. This act shall take effect and be in force from and after its passage.

[Approved February 9, 1865.]

AN ACT relating to Counties and County Officers.

ARTICLE I.

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

SEC 1. That each organized county within this Territory, shall be a body corporate and politic; and as such, shall be empowered for the following purposes: First, To sue and be sued. Second,

To purchase and hold real and personal estate for the use of the county, and lands sold for taxes, as provided by law. Third, To sell and convey any real or personal estate owned by the county, and make such order respecting the same as may be deemed conducive to the interests of the inhabitants. Fourth, To make all contracts, and do all other acts in relation to the property and concerns, necessary to the exercise of its corporate or administrative powers. Fifth, To exercise such other and further powers, as may be especially conferred by law.

SEC. 2. Any real or personal estate, heretofore, or which may be hereafter, conveyed to any county, shall be deemed the property of such county.

SEC. 3. The powers of a county as a body corporate and politic, shall be exercised by a board of county commissioners, therefor.

SEC. 4. Each county organized for judicial purposes, shall, at its own expense, provide a suitable court-house, and a sufficient jail, and other necessary county buildings, and keep them in repair.

SEC. 5. In all suits or proceedings by or against a county, the name in which the county shall sue or be sued, shall be, the board of commissioners of the county of

(the name of the

county,) but this provision shall not prevent county officers, when authorized by law, from suing in their name of office, for the benefit of the county.

SEC. 6. In all legal proceedings against the county, process shall be served on the clerk of the board of county commissioners; and whenever such suit or proceeding shall be commenced, it shall be the duty of the clerk forthwith to notify the county attorney thereof, and to lay before the board of county commissioners, at their next meeting, all the information he may have in regard to such suit or proceeding.

SEC. 7. On the trial of any suit in which the county may be interested, the inhabitants of such county shall be competent witnesses and jurors, if otherwise competent, and qualified according to law.

SEC 8. When a judgment shall be rendered against the board of county commissioners of any county, or against any county officer, in an action prosecuted by or against him in his name of office, when the same shall be paid by the county, no execution

shall issue upon said judgment; but the same shall be levied and paid by tax or other county charges; and when so collected, shall be paid by the county treasurer to the proper person to whom the same shall be adjudged, upon the delivery of a proper voucher therefor: Provided, That execution may issue on said judgment, if payment be not made within sixty days after the time required, for the payment of county taxes to the county treasurer, by the proper officers of said county in each year.

SEC. 9 The board of county commissioners shall consist of three qualified electors, any two of whom shall be competent to transact business, who shall be elected according to law.

SEC. 10. At the first election had, to choose the first board of commissioners of any county, the person having the highest number of votes shall continue in office three years, the next highest two years, and the next highest one year; but if two or more persons have the same number of votes, then their terms shall be determined by lot, under the direction of the board of canvassers returning the election; and annually thereafter, one commissioner shall be elected, and shall continue in office three years: Provided, That the first election for county and township or precinct officers, shall be held on the first Monday in April, A. D. 1865, in the county of Madison, but in no other county in this Territory, at that time, and the time between the first Monday in April, A. D. 1865, and the first Monday in September, A. D. 1865, shall constitute the first year in said county of Madison, and the term of office of all officers, elected on the said first Monday in April, A. D. 1865, shall expire on the first Monday in September, A. D. 1865, or as soon thereafter as their successors shall be elected and qualified.

SEC. 11. Said board of county commissioners shall meet at the county seat of each county, on the first Monday in May, August, November and February in each year, and at such other times as they may deem expedient, and in the counties, the population of which is under ten thousand, such commissioner may sit six days in each term, but, if the population exceed ten thousand they may sit nine days, should the business require it: Provided, That at their first session they may sit not to exceed fifteen days.

SEC. 12. Each person elected as such commissioner, shall, on receiving a certificate of his election, take an oath to support the

Constitution of the United States and the Organic Act of this Territory, and to perform the duties of his office to the best of his ability, which oath being indorsed upon said certificate under the hand and seal of the person administering it, shall be sufficient for said person to act as said commissioner.

SEC. 13. Each member of the board of county commissioners, shall be paid by the county, a compensation for his services and expenses, in attending the meetings of said board, at the rate of ten dollars per day for the time he shall actually attend, as hereinbefore limited and prescribed, including the time necessary in going to and returning from the same. They shall also be entitled to twenty cents per mile for the distance actually travelled, in going to and returning from the county seat.

SEC. 14. The board of county commissioners of each county, shall have power at any meeting: First, To make such orders concerning the property belonging to the county as they may deem expedient. Second, To examine and settle all accounts of the receipts and expenses of the county, and to examine, settle and allow all accounts chargeable against the county; and when so settled, they may issue county orders therefor, as provided by law. Third, To build and keep in repair county buildings, and cause the same to be insured in the name of the county treasurer for the benefit of the county, and in case there be no county buildings, to provide suitable rooms for county purposes. Fourth, Apportion and order the levying of taxes, as provided by law, and to borrow money upon the credit of the county, a sum sufficient for the erection of county buildings, or to meet the current expenses of the county, in case of a defiicit in the county revenue. Fifth, To represent the county and have the care of the county property and the management of the business and concerns of the county in all cases where no other provision is made by law. Sixth, To set off, organize and change the boundaries of townships in their respective counties, designate and give names to them, and to fix the time and place of holding the first election therein. Seventh, To establish one or more election precincts in any township, as the convenience of the inhabitants may require. Eighth, To lay out, alter or discontinue any road running through one or more townships in such county, and to perform such other duties respecting roads as may be required by law. Ninth, To grant licenses for keeping ferries

in their respective counties, and such other licenses as may be prescribed by law. Tenth, To perform such other duties as are or may be prescribed by law.

SEC. 15. The board of county commissioners shall not borrow money for the purpose specified in the fourth subdivision of section fourteen of this act, without having first submitted the question of such loan to a vote of the electors of the county.

SEC. 16. Whenever it shall become necessary, under the provisions of this act, to submit to a vote of the electors of any county, the question of raising any sum of money by a loan, the said board, after having determined the sum necessary to be raised, shall cause notice of such determination, and of the time when the question will be submitted to the electors of the county, by written or printed hand-bills, posted up in five of the most public places in each township, for at least thirty days previous to the time fixed for taking such vote.

SEC. 17. At the time specified in such notice, a vote of the electors of such county shall be taken at the place designated in the notice. The inspectors receiving the votes shall be the same as required at the general election, and the vote shall be canvassed by the same officers, and in the same manner, as required at such general election, and the result of such vote shall be certified by them, and transmitted to the county clerk, within ten days after such vote shall be taken, which certified statement shall be delivered by said clerk to the board of county commissioners, at their next meeting. All voting in the several townships as provided in this section, shall be by ballot, and those voting in favor of such proposed loan, shall have written or printed on their ballots, "For the loan"; and those voting against the loan, shall have written or printed on their ballots, "Against the loan"; and if a majority of the votes cast at such election shall be "against the loan," it shall not be made.

SEC. 18. The board of county commissioners shall not set off or organize any new township unless a petition be first presented to the board, signed by at least fifty citizens resident therein.

SEC. 19. The board of county commissioners shall alter and change the township organization of their county so as to agree with the standard fixed in the preceding sections in respect to the territory and population if such change be desired by the citizens