said forty-fifth degree of north latitude to its intersection with the twenty-seventh degree of longitude west from Washington; thence south along said twenty-seventh degree of longitude west from Washington, to the forty-first degree north latitude; thence west along said forty-first degree north latitude to the place of beginning-shall be and is hereby incorporated temporarily into and made part of the territory of Dakota. Approved May 26, 1864. A true copy: DEPARTMENT OF STATE, W. H. HUNTER, Chief Clerk. (PUBLIC, No. 65.) AN ACT amendatory of "An Act to provide a temporary government for the Territory of Montana," approved May 26, 1864. Be it Enacted by the Senate and House of Representatives of the United States of America, in Congress assembled: That the legislative assemblies of the several territories of the United States shall not, after the passage of this act, grant private charters or special privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies incorporate for mining, manufacturing, and other industrial pursuits. SEC. 2. And be it further enacted, That the probate courts of the territory of Montana, in their respective counties, in addition to their probate jurisdiction, are hereby authorized to hear and determine civil causes wherein the damage or debt claimed does not exceed five hundred dollars, and such criminal cases arising under the laws of the territory as do not require the intervention of a grand jury: Provided, That they shall not have jurisdiction in any matter in controversy when the title or right to the peaceable possession of land may be in dispute or chancery, or divorce cases; And provided further, That in all cases an appeal may be taken from any order, judgment, or decree of said probate court to the district court. SEC. 3. And be it further enacted, That the chief justice and associate justices of said territory and the territory of Idaho shall each receive an annual salary of thirty-five hundred dollars. SEC. 4. And be it further enacted, That the judges of the supreme court of said territory, or a majority of them, shall, when assembled at the seat of government of said territory, define the judicial districts of said territory, and assign the judges who may be appointed for said territory to the several districts, and shall also fix and appoint the times and places for holding the courts in the several counties or sub-divisions in each of said judicial districts, and alter the times and places of holding the courts as to them shall seem proper and convenient, but not less than two terms shall be held at each place of holding court each year. SEC. 5. And be it further enacted, That for the purpose of reviving the legislative functions of the territory of Montana which have been adjudged therein to have lapsed, the governor of said territory be, and he is hereby, authorized, on or before the first day of July, eighteen hundred and sixty-seven, to divide said territory into legislative districts for the election of members of the council and house of representatives, and to apportion among said districts the number of members of the legislative assembly provided for in the organic act of said territory; and the election of said members of the legislative assembly shall be held at such time and shall be conducted in the manner prescribed by the legislative assembly of said territory at the session thereof begun and holden at the city of Bannock, in eighteen hundred and sixty-four and eighteen hundred and sixty-five, and the qualifications of voters shall be the same as that prescribed by said organic act, saving and excepting the distinction therein made on account of race or color; and the legislative assembly so elected shall convene at the time prescribed by said legislative assembly at the session last aforesaid. The apportionment provided for in this section shall be based upon such an enumeration of the qualified electors of the said several legislative districts as shall appear from the election returns in the office of the secretary of said territory, and from such other sources of information as shall enable the governor, without taking a new census, to make an apportionment which shall fairly represent the people of the several districts in both houses of the legislative assembly; but the legislature may at any time change the legislative districts of the territory as fixed by the governor. SEC. 6. And be it further enacted, That all acts passed at the two sessions of the so-called legislative assembly of the territory of Montana held in eighteen hundred and sixty-six, are hereby disapproved and declared null and void, execpt such acts as the legislative assembly herein authorized to be elected shall, by special act in each case, re-enact: Provided, however, That in all the claims of vested rights thereunder, the party claiming the same shall not, by reason of anything in this section contained, be precluded from making and testing said claim in the courts of said territory; And provided further, That no legislation or pretended legislation in said territory since the adjournment of the first legislative assembly shall be deemed valid until the election of the legislative assembly herein provided for shall take place. SEC. 7. And be it further enacted, That from and after the first day of April next, the salary of each of the judges of the several supreme courts in each of the organized territories (except Montana and Idaho) shall be two thousand five hundred dollars. SEC. 8. And be it further enacted, That all acts and parts of acts inconsistent with this act are hereby repealed. Approved March 2, 1867. AN ACT regulating the compensation of the members and officers of the Legislative Assemblies of the several territories of the United States, and limiting the duration of the sessions of said assemblies. Be it Enacted by the Senate and House of Representatives of the United States of America, in Congress assembled: That the sessions of the legislative assemblies of the several territories of the United States shall be limited to forty days duration. SEC. 2. That the members of each branch of said legislatures shall receive a compensation of six dollars per day during the sessions herein provided for, and they shall receive such mileage as is now provided by law: Provided, That that the president of the council and the speaker of the house of representatives shall each receive a compensation of ten dollars per day, and that the additional officers of each branch of said legislative assemblies shall consist of one chief clerk, who shall receive a compensation of eight dollars per day, and one assistant clerk, one enrolling clerk, one engrossing clerk, one sergeant-at-arms, one door-keeper, one messenger, and one watchman, who shall each receive a compensation of five dollars per day during the session. SEC. 3. That from and after the first day of July, eighteen hundred and seventy-three, the annual salaries of the governors of the several territories of the United States shall be three thousand five hundred dollars, and the salaries of the secretaries of said tertritories shall be two thousand five hundred dollars each. SEC. 4. The provisions of this act shall not apply to the District of Columbia: Provided, That no law of any territorial legislature shall be made or enforced by which any officer of a territory herein provided for, or the officers or members of any territorial legislature, shall be paid any compensation other than that provided by the laws of the United States. Approved January 23, 1873. LAWS OF MONTANA. ADMINISTRATORS AND EXECUTORS. AN ACT to repeal an act entitled "An Act in relation to administrators and executors," approved May 6th, 1873. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That an act entitled "An Act in relation to administrators and executors," approved May 6th, Act repealed. 1873, be, and the same is hereby, repealed. Approved February 3d, 1877. APPORTIONMENT. AN ACT re-apportioning the members of the legislative assembly. Be it enacted by the Legislative Assembly of the Territory of Montana: Number of legislature. members of SECTION 1. That the legislative assembly of the territory shall consist of thirteen members of the council and twenty-six members of the house of representatives. SEC. 2. The members of the council shall be apportioned to the several counties of the territory as follows: To the county of Lewis and Clarke, two members; to county of Madison, two members; to the county of Deer Lodge, three members; to the county of Gallatin, ment of the one member; to the county of Jefferson, one member; to the county of Beaverhead, one member; to the county the Apportion council. |