fund of said county the sum of five hundred dollars, or, more, and as often as the same may occur, the treasurer of said county, shall purchase from the holder, or holders, of the said coupon bonds, at not exceeding their par value, such bonds as he may have money in the sinking fund applicable to such purpose to purchase or redeem, and the bonds so purchased and redeemed shall be returned by said county treasurer to the board of county commissioners at his next settlement with them thereafter, and they shall be by them disposed of as provided in section 5 of this act.

Sec. 9. The treasurer of said county, whose duty it shall be to receive and pay out the funds in this act provided, shall, before entering upon the discharge of said duties, execute to the board of county commissioners of said county a bond, with two or more sufficient sureties to be approved by said board, and in such penal sum as they may direct, to the effect that he will faithfully discharge all the duties required of him, and will pay out and properly account to said board of county commissioners for all moneys which may come into his possession by virtue of the provisions of this act, which bond, with the approval of the board endorsed thereon by their clerk, shall be filed in the office of the county clerk of said county.

Sec. 10. The treasurer shall be entitled to receive as compensation for receiving the existing bonds, and for making out and replacing them with new bonds, and for the receiving and paying out the funds necessary to said transfer, one-half of one per cent. of the amount thereof, in full payment of all services to be by him. performed, anything in the act prescribing the fees of county treasurer to the contrary notwithstanding.

Sec. II. The county clerk shall receive in full compensation for his services, in making out, and signing, and affixing the county seal to, the bonds and coupons contemplated in this act, the sum of fifty cents for each bond issued, anything in the law regulating the fees of county clerks to the contrary notwithstanding.

Approved February 21, 1879.

AN ACT concerning the county of Custer.

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

Section ....That so much of section one of an act entitled "An Act to attach the counties of Choteau, Big Horn, and Dawson to other counties for judicial purposes," approved January 4th, 1872; and so much of section eleven of chapter twenty of an act entitled "An Act revising, re-enacting and codifying the general and permanent laws of Montana Territory," approved January 12th, 1872; and so much of any other act or acts as attach the then county of Big Horn (now county of Custer) to the county of Gallatin for judicial purposes, be, and they are hereby, repealed: Provided, That the repeal of said acts shall not operate to deprive the district court of the first judicial district, sitting in and for the county of Gallatin, of jurisdiction of and over any offense of which it has now, or heretofore has had, jurisdiction, until a term of the court shall be appointed to be held, and shall be held, in the said county of Custer; but hereafter, for all offenses cognizable in the district court, the defendants may be held to appear and answer at the next term of the district court to be holden in the county of Custer, if such offense shall have been committed in the county of Custer, or in the county of Gallatin, at the option of the officer so holding such person to appear and answer.

Sec. 2. Whenever a term of the district court shall be provided to be held in the said county of Custer, pursuant to the provisions of section 1914 of the Revised Statutes of the United States, it shall and may be lawful for the justice presiding at the district court sitting in and for the county of Gallatin, at the instance of the Territory, or the defendant, or defendants, or of his own motion, to change the venue in any criminal action then there depending, to the court to be held in the county of Custer, and to require of any defendant, recognized to appear at said court in the county of Gallatin, that he give an undertaking, with sufficient sureties as provided by law, to be and appear before the next term of the district court to be held in said county of Custer, then and there to further answer for the offense charged or named; and if such parties, so recognized and appearing, have not been indicted, the court, on motion of the district attorney, or of its own motion, may direct such party to

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appear before any magistrate in Custer county, to be examined pursuant to the provisions of chapter six of the criminal practice act of the Territory of Montana, approved January 12th, 1872, and issue a warrant therefor, under the seal and hand of the clerk of the court over which said justice presides, unless a recognizance for such appearance, with sufficient sureties, shall be entered into pursuant to law; and the said court may also recognize any and all witnesses which in its judgment the public interests require to be recognized, and the transcripts, indictments, and other papers, may be transmitted to the said county of Custer to be filed in the court pursuant to law: Provided, That the provisions of this section shall only apply to such prosecutions as are of, and for, offenses alleged to have been committed within the limits of the said county of Custer.

Sec. 3. That, upon the establishment of a district court in and for the county of Custer, it shall be the duty of the court sitting in and for the county of Gallatin, whenever, in its view, the public interests, or the private interest of the litigants and witnesses, will be promoted thereby, or whenever either party, on action therefor, shall bring himself within the provisions of Title 4 of an act entitled "An Act to provide a code of civil procedure in the Territory of Montana,” approved February 16th, 1877, to change the venue of any civil action pending in the court of Gallatin county to the said county of Custer; and the said judge presiding in the county of Gallatin, at said term of the district court, is hereby authorized and empowered to make any and all orders necessary or convenient to carry into effect the first three sections of this act, and to secure the attendance of criminals at said term of the court to be held in the county of Custer; and in the event that any offense of which any prisoner may stand charged is not bailable, or in the event that any recognizance required is not given, the prisoner, or prisoners, may be committed to the jail of said Gallatin or Custer county.

Sec. 4. That the town situate on Tongue river, about two miles below Fort Keogh, is hereby named and shall hereafter be known as Miles, and the same is hereby declared to be the county seat of the county of Custer, and it shall so remain until the same shall be changed in the manner provided by law.

Sec. 5. That nothing in this act contained shall be construed to

deprive the district court of the Territory, sitting in and for the county of Gallatin, of any civil or criminal jurisdiction, the jurisdiction herein conferred on the district court in and for the county of Custer being concurrent with that of Gallatin county until the term shall be held in and for Custer county; and thereafter the jurisdiction of the courts of each of said counties shall be subject to, and be regulated by, the general laws applicable thereto.

Sec. 6. That the official acts of the board of county commissioners of said county of Custer, and of all other officers thereof, required to be done at the county seat of said county, and all records kept or made by any officer pursuant to law, and which were required to be made or kept at the county seat of said county, and heretofore made, done, or kept elsewhere, shall be as valid, to all intents and purposes whatsoever, as if the same were made, done, or kept at the county seat; but hereafter all records shall be kept in, and all official acts be done at, the place required by law.

[The foregoing act, having been presented to the governor of Montana Territory, on the fifth day of February, 1879, for approval, and not having been returned by him to that House of the Legislative Assembly in which it originated within the time prescribed by section 1842, chap. 1, title XXIII, revised statues of the United States, has become a law without his approval.]

AN ACT to enable Meagher county to remove the county seat.

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

Section I. The county commissioners of the county of Meagher, at their meeting on the first Monday in March, A. D. 1879, are hereby authorized, and required, to cause a special election to be held in said county on the first Monday in May, 1879, for the purpose of determining whether the county seat of said county shall remain at Diamond city, the present location thereof, or be removed to a point to be selected by said board at, or in the vicinity of, the White Sulphur Springs in said county.

Sec. 2. At such election the ballots shall have written or printed upon them the words "For county seat of the county of Meagher," and underneath said words the name of the place for which the voter desires to vote, but which shall be the place mentioned in the

notice of the election and submitted under the provisions of this

act.

Sec. 3. The judges of said election shall be appointed by the county commissioners, and such election shall in all respects be conducted as provided by law for general elections, except that no judge, clerk, or other officer of such election, or the county clerk, or other officer of said county, shall be entitled to have or receive any compensation for services rendered in connection therewith.

Sec. 4. Upon the canvass of the vote so cast, the board of canvassers shall make and sign a certificate setting forth the number of votes so cast for the places submitted, and the place having the highest number of votes shall be by them, in said certificate, declared to be the county seat of Meagher county, and such certificate shall be filed in the office of the county clerk: Provided, In case of a tie vote between the places named, the place which has been granted the largest sum by subscription toward the erection of county buildings shall be declared the county seat.

Sec. 5. When it shall have been determined by the election that the county seat is changed from Diamond city, and the sum of not less than one thousand dollars shall have been deposited in the county treasurer's office by persons interested in the location of said county seat, as a donation to said county, and a warrantee deed to said county of at least two acres of land, situated at the point to which said county seat has been changed by the vote, shall have been executed and filed in the office of the county clerk, it shall be the duty of said commissioners to immediately thereafter cause the erection of suitable offices for the several county officers, and the county jail, upon said tract of land: Provided, That the sum to be expended for such county buildings, and for the removal of the county seat, shall not exceed the sum of one thousand dollars over and above the amount received by subscription therefor.

Sec. 6. It shall be the duty of the county commissioners, within sixty days from the time of the canvass of the vote as required in section 4 of this act, to cause the books, office furniture, and records belonging to said county, to be removed to the place declared to be the county seat by said election: Provided, They shall receive a written agreement, signed by two or more responsible persons, and approved by the chairman of said board,