AN ACT creating certain Offices in the Territory of Montana, declaring to whom resignations shall be made, when the offices shall be deemed vacant, and the manner of filling vacancies.

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

SEC. 1. That there shall be elected or appointed as hereinafter declared, the following officers, to wit: First, One Territorial treasurer. Second, One Territorial auditor, who shall be ex officio librarian. Third, One Territorial superintendent of public instruction. Fourth, One delegate to Congress. Fifth, Members of the council. Sixth, Members of the house of representatives. Seventh, One district attorney for each judicial district. The district attorneys shall be elected by the qualified voters of the respective districts. Such district attorneys shall hold their offices for two years, unless otherwise provided by law, or until their successors be elected and qualified, if not removed by the governor, for cause, published, and filed in the office of the secretary of the Territory. At every general election, there shall be elected in each road district, by the qualified voters thereof, one road commissioner.

SEC. 2. One delegate to congress shall be elected by the qualfied voters of the Territory. Members of the council and house of representives shall be elected by the qualified voters of their respective district.

SEC. 3. The Territorial treasurer, auditor, and superintendent of public instruction, shall be elected by the legislative assembly, upon joint ballot, who shall be commissioned by the governor, and shall hold their offices for the term of one year, and until their successors be elected and qualified.

SEC. 4. Members of the council shall hold their offices for the term of two years, unless otherwise provided by law.

SEC. 5. Members of the house of representatives and road commissioners shall hold their offices for the term of one year, unless otherwise provided by law.

SEC. 6. Notaries public may be appointed by the governor, who shall hold their offices for the term of two years unless sooner

removed by the governor for causes published and filed in the office of the secretary.

SEC. 7. Resignations shall be made as follows: First, By Territorial officers and all officers elected by the legislature, to the governor. Second, By all county officers, to the county commissioners in their respective counties. Third, By all other officers holding their offices by appointment, to the body, board, or officers that appointed them.

SEC. 8. Every office shall become vacant on the happening of either of the following events, before the expiration of the term of such office: First, The death of the incumbent. Second, His resignation. Third, His removal. Fourth, His ceasing to be a citizen of the Territory, district, county, or precinct for which he shall have been elected or appointed, or within which the duties of his office are to be discharged. Fifth, His conviction of any infamous crime, or of any offence involving a violation of his official oath. Sixth, Refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit such oath or bond within the time prescribed by law. Seventh, The decision of a competent tribunal declaring void his election or appointment.

SEC. 9. The governor shall also declare vacant the office of every officer required by law to execute an official bond whenever a judgment shall be obtained against such officer for a breach of the conditions of such bond.

SEC. 10. When a vacancy shall occur during the recess of the legislature, in any office which the legislature are authorized to fill by election, or which the governor, subjected to confirmation of the legislative assembly, is authorized to fill, the governor, unless it is otherwise specially provided, may appoint some suitable person to perform the duties of such office until the next session of the legislature.

SEC. 11. When at any time there shall be in either of the county or precinct offices no officer duly authorized to execute the duties thereof, some suitable person may be appointed by the governor to perform the duties of either of said offices.

SEC. 12. Every person appointed in pursuance of either of the last two preceding sections, shall, after taking the oath prescribed, and filing the requisite bond, if any be required by law, continue to exercise and perform the duties of the office to which he shall

be appointed until such vacancy shall be regularly supplied, as prescribed by law.

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

AN ACT to prescribe the Rate of Interest.

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

SEC. 1. The legal rate of interest on the forbearance or loan of any money, when there is no agreement between the parties, as specified in section three of this act, shall be ten per centum per

annum.

SEC. 2. Creditors shall be allowed to collect and receive interest, when there is no agreement as to the rate thereof, at the rate of ten per cent. per annum for all moneys after they become due, on any bond, bill, promissory note, or other instrument of writing, and on any judgment rendered before any court or magistrate authorized to enter up the same, within the Territory, from the day of entering up such judgment until satisfaction of the same be made; likewise on money lent, or money due on the settlement of accounts, from the day of such settlement of accounts, between the parties, and ascertaining the balance due; on money received to the use of another, and retained without the owner's knowledge, and on money withheld by an unreasonable and vexatious delay.

SEC. 3. The parties to any bond, bill, promissory note, or other instrument of writing, may stipulate therein the payment of a greater or higher rate of interest than ten per centum per annum, and any such stipulation contained in any such instrument of writing, may be enforced in any court of law or equity of competent jurisdiction in this Territory.

SEC. 4. This act shall take effect and be in force from and after its passage.

PRIVATE AND SPECIAL LAWS.

AN ACT to incorporate the Missouri River and Rocky Mountain Wagon Road and Telegraph Company.

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

SEC. 1. That W. B. Dance, N. P. Langford, S. T. Hanser, T. C. Evarts, Wm. S. Doolittle, James W. Taylor, H. L. Carver, R. Anderson, Wm. A Spencer, George L. Curran, James Foster, W. Y. Pemberton, Samuel Wood, F. B. Kerchiral, and William L. Brown, and their associates and assigns be, and are hereby, constituted a body politic and corporate, under the name and style of the Missouri River and Rocky Mountain Wagon Road and Telegraph Company.

SEC. 2. The capital stock of said company shall be eight hundred thousand ($800,000) dollars, and shall be divided into shares of not less than one hundred dollars and not exceeding five hundred dollars, each at the pleasure of said company; and said corporation shall have the power to make, and afterwards to alter, all needful rules and regulations for the government of said company, the issuing and transfer of their stock, and the management of all the company business; and shall have power to elect a president, secretary, treasurer, superintendent, and board of directors, at such times and places as said company shall appoint, to hold their offices for one year. The company may, however, if they deem it advisable, unite the two offices of secretary and treasurer in one person.

SEC. 3. That said company, by their corporate name, shall be capable of making contracts, of suing and being sued, impleading and being impleaded, in all matters whatsoever, in all courts of law and equity in this Territory, and may have and use a common seal, which may be altered at pleasure.

SEC. 4. Said company may purchase and hold property, both real and personal, which shall be necessary for the exercise of the legitimate business and powers herein granted.

SEC. 5. That said company shall have the exclusive privilege of surveying, locating, and grading a good wagon road to run from Virginia City in Madison County in this Territory to the head of navigation on the Yellow Stone River, and thence to the mouth of the Yellow Stone River, or some other point on the Missouri River, said point to be located by said company as hereinafter provided: That said road shall be built on the nearest and most practicable route to run from Virginia City across the divide east of that place, to the crossing of the Madison River, below the canon thereof at James Forman's place; thence by the nearest and most practicable route to Bridger's crossing of the Gallatin River; thence to or near Bozernan City; thence by the nearest and most practicable route to Yellow Stone River, running by or near by Emigrant Gulch; thence on the most direct line and practicable route to the head of navigation on the Yellow Stone River; thence to a point on the Missouri River, which point shall be fixed and located by said company within twelve months after the passage of this act. That said route shall be surveyed by said company, and the termini and intermediate points fixed and located within twelve months after the passage of this act; and a report and plat of said survey shall be filed with the auditor of this Territory as soon after the survey is made as is practicable.

SEC. 6. That said company shall have the exclusive privilege of constructing said wagon road along said route within five miles on each side thereof, and shall have the exclusive privilege of erecting toll gates and collecting toll on said wagon road, the aggregate number of toll gates not to exceed one to each forty miles of said road; and shall have the exclusive privilege of erecting ferries and building toll bridges over all streams on said route when the same are necessary for the travelling public at any season of the year. But in no case shall said company build toll bridges on said route that are fordable at all seasons of the year.

SEC. 7. That said company, at each toll gate on said route, may collect toll at the following rates, and no other: