Sec. 8. That the city shall not be liable for any costs in any suit prosecuted in its name in its own courts; nor shall any fees taxed exceed in amount the items of fees allowed for similar services to other officers in this territory.

Sec. 9. All fines and forfeitures collected for offences committed, or penalties incurred within the incorporation limits of the city of Helena, shall be paid into the treasury of the said city by the officer collecting the same, with details of sources and on what account paid out.

Sec. 10. The city council shall cause to be published, annually, a full and complete statement of all moneys received and expended, from whatever source received, and what account paid out, with full details.

Sec. 11. All suits, actions and prosecutions instituted, commenced, or brought by the corporation hereby created, shall be prosecuted in the name of the city of Helena.

Sec. 12. Appeals shall be allowed from decisions in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof, to the district court, and every such appeal shall be granted in the same manner and with like effect as appeals are taken from and granted from justices of the peace under the laws of this territory.

Sec. 13. No mayor or alderman of said city shall, during the period for which he is elected, be directly or indirectly pecuniarily interested in any contract let or to be let under the authority of said city, or in any payment to be made thereon, and if any such person shall violate the provisions of this section, he shall be deemed guilty of a misdemeanor under the laws of this territory, and shall be prosecuted therefor in the district court, and, on conviction thereof, shall be fined not less than two hundred and fifty dollars nor more than six hundred dollars, or imprisonment three months, or both such fine and imprisonment, and in all contracts involving the expenditure of one hundred dollars or more, the city council shall advertise the same, with specifications, for a period to be prescribed by ordinance, and award the same to the lowest bidder, and they shall so advertise all contracts when convenient so to do.

Sec. 14. Whenever the mayor shall absent himself from the city, or resign, or die, or his office shall otherwise become vacated, the board of aldermen shall immediately proceed to elect one of their number president, who shall be mayor pro tem until the office shall be filled by election as herein provided.

Sec. 15. This act is declared to be a public act, and may be read in evidence in all courts of law and equity within this territory without proof.

Sec. 16. The city marshal and the constables within said city of Helena shall be authorized and have power to execute anywhere within the county wherein said city may be located, all processes issued by the police magistrate of said city, or other magistrate within the said city, and the said marshal shall have power to do all the acts that a constable may lawfully do, and shall receive the same fees that are allowed to constables in similar cases, and shall give bonds as constables are required by law to give.

Sec. 17. All actions brought to recover any penalty or forfeiture under this act, or any ordinance, by-law, or police regulation, made in pursuance thereof, shall be brought in the corporate name of said city.

Sec. 18. In all prosecutions for any violation of any ordinance, by-law, or other regulation, the first process shall be by summons, unless oath or affirmation shall be made for a warrant, as in other cases.

Sec. 19. Upon rendition of judgment the officer rendering such judgment may require the defendant to be confined in jail for a term not exceeding three months; and all persons so committed shall be fined one day for each five dollars of such judgment and costs, unless he shall pay the same.

Sec. 20. The police magistrate shall have jurisdiction in all cases of violation of the city ordinances, and shall have the same jurisdiction in all civil and criminal proceedings as is now or shall hereafter be conferred upon other justices of the peace of this territory; and in all courts of this territory said police magistrate shall be held to be and he is hereby constituted a justice of the peace. But no change of venue shall be

allowed from said police magistrate to any other justice of the peace for the hearing or determination of any case, when proceedings shall be commenced against any person or persons for the violation of any city ordinance.

Sec. 21. The duties of all officers mentioned in this act, not herein prescribed, shall be prescribed by ordinance.

Sec. 22. There shall be a police magistrate, city clerk, city assessor, city treasurer and city marshal, appointed as hereinbefore provided. The police magistrate shall be a justice of the peace, and shall have the jurisdiction of a justice of the peace in said county, and he shall have the exclusive jurisdiction of all offences against the ordinances of said city. The city clerk, city assessor, city treasurer and city marshal, shall severally discharge the duties usually pertaining to said offices respectively, and the manner thereof may be prescribed by ordinance.

Sec. 23. This charter shall be submitted to the qualified voters of the city of Helena, on or before the first Monday in April, 1877, at one convenient place therein, by direction of the commissioners appointed in this act. The ballots shall have written or printed thereon " For the Charter," or "Against the Charter," and if a majority of the votes so cast at the election shall be in favor of the charter, then this act to be in full force and effect; but if a majority of the votes so caɛt shall be against the charter, then this act shall remain suspended, unless thereafter enforced as hereinafter set forth.

Sec. 24. W. K. Roberts, A. M. Holter, Charles Lehman, and John H. Ming be and they are hereby constituted and appointed to act as commissioners and to serve in such capacity until the first board of aldermen of said city shall be elected and duly qualified. Such commissioners, or any three of them, shall, if a majority of the electors of said city vote in favor of this charter, within thirty days from its acceptance as aforesaid, proceed to lay out the territory embraced within the limits of the said city of Helena into four wards, and fix the boundaries of the same; and shall also provide for holding the first election herein appointed in the several wards of said city; shall fix the place for holding said election in each

of said wards; shall appoint the persons to act as judges of election in each of said wards, who shall be sworn, and whose places may be filled in case they do not serve, as provided by law in other elections; said election shall be held and returns thereof be made and certified in all respects as provided by law for the election of members of the legislative assembly. A copy of said returns of said election shall be delivered to the commissioners, who shall canvass the same within three days from the time received, and the persons receiving the highest number of votes for the several officers to be elected under this act, and the aldermen for each ward, shall be declared by said commissioners, or any two of them, duly elected to said offices. If two or more persons shall at said election receive the same number of votes for one of said offices, the commissioners shall determine the same by lot. Thereafter on the third Monday in each May each annual election shall take place.

Sec. 25. In case of rejection of this charter by a majority of the voters at the first election, at any time or times thereafter, when sixty of the qualified voters of said city shall petition said commissioners for a re-submission of said charter to the voters of said city, then it shall be the duty of said commissioners to again submit the adoption or rejection of this charter to a vote of the qualified voters of said city, and if upon said second submission a majority shall adopt this charter, then the same shall be in full force and effect from the time of its adoption. Said re-submissions shall be conducted as in section 24 provided, and whenever said commissioners, or a majority of them present in said city, shall be of the opinion that an incorporation is desired, they may re-submit said charter so many times as in their judgment shall be proper, for adoption or rejection in the manner in said section provided. Sec. 26. This act shall take effect and be in force from and after its passage.

Approved February 11, 1876.

SPECIAL LAWS.

AN ACT to provide for the funding of the outstanding indebtedness of Montana territory, and the redemption of the twelve per cent bonds. Be it Enacted by the Legislative Asembly of the Territory of Montana :

Section 1. That the territorial treasurer, or such other person as may be designated by law to discharge the duties of said treasurer, shall, on the first day of July, A. D. 1876, issue on the credit of the territory of Montana coupon bonds of the said territory, to an amount not exceeding ninety-one thousand two hundred and fifty dollars, or so much thereof as may be necessary to redeem the outstanding twelve per cent bonds of the territory, unpaid on the said first day of July, A. D. 1876, redeemable at the pleasure of the territory, after two years, and payable seven years from their date, bearing interest at the rate of ten per cent per annum.

Sec. 2. The coupon bonds authorized to be issued by this act, shall be in such form as the governor of the territory may direct, and shall bear the signatures of the territorial auditor and treasurer or such other person as may be designated by law to discharge the duties of such treasurer, and shall be sealed and countersigned by the governor of said territory, and the coupons attached shall be signed by the said auditor and treasurer. Each bond shall be registered by the treasurer in a book to be kept for that purpose, which book shall show the amount of each bond, their numbers, to whom issued, and the date of the issue. The bonds authorized to be issued in section 1 of this act shall be disposed of by the territorial treasurer or such other person as may be designated by law to discharge the duties of such treasurer, as hereinafter provided.

Sec. 3. The territorial treasurer, or such other person as may be designated by law to discharge the duties of such treasurer, shall give notice by advertisement in one weekly newspaper published in the territory of Montana, and one daily newspaper published in the city of New York, on the first day of May next, and for the period of four weeks thereafter, to the effect that he will dispose of the said ninety-one