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the county which has thus lost its representation in said board.

Sec. 8. The said railroad company before entering into any agreement provided for in this act, shall file with the treasurer of Montana territory a certificate from some responsible bank, banking firm, or banking corporation in the city of New York, that the said railroad company have deposited with said bank, banking firm, or banking corporation, one million dollars ($1,000,000) in current funds, and that the said sum of money is placed to the credit of the said railroad company, and designated as "construction fund" on the books of said bank, banking firm, or banking corporation; after said agreement has been entered into, and before any territorial bonds-notwithstanding the provisions of the previous sections of this act-shall issue to the said railroad company, the said railroad company shall have graded, bridged, tied, and ironed, and placed in running order the whole of their road from the Missouri river, opposite the town of Bismark, in Dakota territory, westward to the Yellowstone river, at or above the mouth of Glendive creek, in Montana territory.

Sec. 9. Before this act shall have any force and effect for the purposes of issuing bonds for railroad purposes, or for the contract contemplated herein, and before said agents on behalf of this territory shall be authorized to contract as aforesaid, this act shall be passed by both houses of the legislative assembly, and shall then be submitted at an election to be held in the various election precincts of the several counties of the territory of Montana, on the 3d day of April, A. D. 1870.

Sec. 10. The county commissioners of the several counties, after having received notice from the governor of the territory of the passage of this act, as hereinafter provided, shall, and it is hereby made

the duty of said commissioners, on the third of April, A. D. 1876, to cause to be submitted to the qualified electors of their respective counties, the propositions herein contained, for their approval or rejection; and if a majority of the electors of the territory at such election shall by their votes approve of this act such fact shall be entered at large upon the journals of their respective counties.

Sec. 11. The county commissioners of the several counties shall give notice of the election herein provided for, by publication in one or more newspapers published within such county at least twenty days before such election; or, if no paper be published therein, the same shall be published in one or more newspapers published in the territory most likely to give general notice.

Sec. 12. At the election herein provided for, the ballots or votes shall contain the words, "For approval of railroad act, No;" or, "For approval of railroad act, Yes." Also, for one member of the territorial board of trustees of railroad bonds in each county. And the same rules, regulations, liabilities and penalties prescribed for the conduct of other elections, and liability of officers thereof, and electors within this territory, shall be observed and enforced at the election herein provided for; and the judges at such election shall truly certify and forward the result of such election, together with the poll-books and ballots so cast, to the board of county commissioners to the county seat of said county within two days after the same shall have been counted and certified; and the said county commissioners shall, within ten days thereafter, forward a correct abstract of the votes cast on said proposition at such election to the governor of the territory; and upon the failure upon the part of any officer or officers herein named to perform the duties prescribed by this act, he or they shall be deemed

guilty of a misdemeanor, and upon conviction thereof, shall forfeit and pay a fine not exceeding four thousand dollars and be imprisoned in the county jail not less than six nor more than ten months.

Sec. 13. The votes that are cast upon the proposition herein contained, after the same shall have been abstracted by the county commissioners of the several counties, and such abstract shall have been forwarded to the governor, as aforesaid, shall be canvassed in the same manner that the vote for delegate to congress is canvassed under the existing laws.

Sec. 14. If a majority of the votes cast upon the question hereby submitted shall approve of this act, it shall be the duty of the governor of the territory to announce such fact through one or more newspapers published in the territory; and thenceforward this act shall be a contract of binding force upon the territory of Montana.

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Sec. 15. After the final passage of this act the Northern Pacific railroad company shall have until the first day of July, A. D. 1876, to accept the contract herein provided for, and should said company fail to contract before said date, then this act shall be null and void.

Sec. 16. Immediately after the passage of this act by both houses of the legislature, and said act shall have become a law, the secretary of the territory shall be required to forward to the North Pacific railroad company, in the city of New York, a certified copy of this act, and that said North Pacific railroad company shall, by the 15th day of March, A. D. 1876, notify the governor of this territory of their willingness to accept the propositions contained in this act, provided this act shall be ratified by a majority of the legal voters of the territory of Montana, as provided for in section 9 of this act;

and in case the said railroad company fail to notify the governor of their willingness to accept the provisions of this act, as herein before mentioned, then in that case there shall be no election held as provided for in this act, and this act shall be null and void.

Approved February 11, 1876.

RECORDS.

AN ACT in relation to records.

Be it Enacted by the Legislative Asembly of the Territory of
Montana:

tificate of land

idence.

Sec. 1. The receipt or certificate signed by the Receipt or cerregister or receiver of any United States land office office made evof the entry or purchase of any tract of land, or of any tract by any land warrant, is prima facia evidence in the courts of this territory that the title to the land mentioned or described in said receipt or certificate, is in the person named therein, his heirs or assigns.

lands and cer

ter, etc., may

dence.

Sec. 2. Patents issued by the United States to Patents for lands in this territory, or duplicates thereof from the tificate of regisrecords in the general land office, and the register's be recorded. or receiver's receipt or certificate mentioned in sec copies of rection 1 of this act, may be recorded in the registry of ords made evideeds of the county in which the land described in the patent is situated, and the record of such patents, or duplicates, or copies of such record, certified by the register of deeds, shall be evidence in like manner, and to the same extent as the records or transcripts thereof of other conveyances of real estate.

Approved February 5, 1876.

Perdiem of road supervi

sors.

ROADS AND HIGHWAYS.

AN ACT to amend an act entitled "An Act in relation to roads and highways," approved February 12, 1874.

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

Sec. 1. That section 26 of an act entitled "An Act in relation to roads and highways," approved February 12, 1874, be amended so as to read as follows: "Every supervisor of roads shall receive for each day necessarily employed in the performance of any of the duties required by this act, the sum of three dollars, to be paid out of the general road fund, Supervisors to and it shall be the duty of the supervisor to report collected and to the board of county commissioners at their regwork done in ular meetings in September in each year, a sworn s atement of all moneys collected by them; they shall also present a sworn statement of the number of days of work done in their district for each year, and by whom performed."

report moneys

number of days

district.

Acts repealed.

Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.

Sec. 3. This act to take effect and be in force from and after its passage.

Approved February 11th, 1876.

College sites

may be used

school purposes.

SCHOOLS.

AN ACT in relation to schools.

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

Sec. 1. Whenever under the provisions of the for common laws of this territory the probate judge of any county, or the mayor of any incorporated town or city, shall have set apart as and for a site for a college or university, any lands or lots in any town

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