direction or bearing, as near as may be, of his or her claim, said stake and the inscriptions thereon to be replaced at least once in twelve months by the claimants on said leads, lodes, or ledges, if torn down or otherwise destroyed.

SEC. 6. Notice of the discovery or pre-emption upon any lead, lode, or ledge shall be filed for record in the county recorder's office of the county in which the same may be situated within fifteen days of the date of the discovery or pre-emption, and there shall at the same time be an oath taken before the recorder that the claimant or claimants are each and all of them bona fide residents of the Territory of Montana; and there shall be deposited in the recorder's office, either by the discoverer or some pre-emptor, a specimen of the quartz ore or mineral extracted or taken from said lead, lode, or ledge, which said specimen shall be properly labelled by the recorder, and preserved in his office.

SEC. 7. That any person or persons who shall take up or destroy, or cause the same to be done, any of the said stakes, or who shall in any wise purposely deface or obliterate any part or portion of the writing or inscription placed thereon, shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any court of competent jurisdiction, shall be punished by a fine of not more than one thousand dollars, or imprisoned in the county jail not more than ninety days, or by both such fine and imprisonment.

SEC. 8. That the amount of ground which may be taken up upon any lead, lode, or ledge, in addition to the discovery claim, shall be limited to ten hundred feet along said lead, lode, or ledge, in each direction from the discovery claim thereon.

SEC. 9. All lead, lode, or ledge claims taken up and recorded in pursuance with the provisions of this act, shall entitle the person recording to hold the same to the use of himself, his heirs and assigns; and conveyances of quartz claims shall hereafter require the same formalities, and shall be subject to the same rules of construction, as the transfer and conveyance of real estate.

SEC. 10. That if at any time previous to the passage of this act claims have been taken up and recorded in the recorder's office of the proper county, upon any actual or proper lead, lode, or ledge of quartz ore or mineral, the owners or proper claimant or claimants of said respective claims shall hold the same to the use of themselves, their heirs and assigns.

SEC. 11. That the act relating to the discovery of gold and silver quartz lodes, and the manner of their location, passed by the Idaho legislature, and approved February 4, 1884, and all other acts, or parts of acts, inconsistent with this act, be, and the same are hereby repealed.

SEC. 12. That this act shall take effect from and after its passage. [Approved December 26, 1864 ]

AN ACT fixing the age of majority.

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

SEC 1. That all male persons of the age of twenty-one years, and all females of the age of eighteen years, and who are under no legal disability, shall be capable of entering into any contract, and shall be to all intents and purposes held and considered to be of lawful age

SEC. 2. This act shall take effect and be in force from and after its approval by the governor.

[Approved December 26, 1864.]

AN ACT to provide for the expenses of Montana Territory.

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

SEC. 1. That the auditor of the Territory is hereby empowered to issue territorial warrants, drawn upon the treasury of the Territory in favor of all persons to whom the legislative assembly of the Territory may direct.

SEC. 2. That the treasurer shall pay out of any funds in his hands applicable to such use, the amount stated as due in the auditor's warrants only, in the order in which they are drawn, accord

ing to priority of date. Provided, That all warrants are receivable into the treasury in payment of any taxes, licenses, or other dues due the Territory, and all warrants bearing date the same day bear equal priority, and shall be paid in the order in which they are presented for payment.

SEC. 3. The auditor shall issue his warrants on the treasurer in any sum that the party entitled to the same may desire: Provided, They shall not be less than five dollars unless the sum due is less than that amount.

SEC. 4. That all warrants drawn by the auditor on the treasury of the Territory shall be in the following form:

MONTANA TERRITORY,

Treasurer of the Territory of Montana, pay to

order.

dollars out of any money in the treasury not other

wise appropriated, and charge the same to shall be your voucher.

and this

Auditor of Montana Territory.

SEC. 5. That the warrants drawn by the auditor of this Territory on the treasurer shall be received by the sheriff or collector of the revenue in payment of taxes, fines, and penalties, or other dues to the Territory, at par, and shall be received from such officer by the treasurer in settlement of revenue due from such sheriff or collector of the Territory.

SEC. 6. No sheriff or collector of the revenue shall buy, purchase, trade for, or in any manner deal in the warrants drawn by the auditor except at their par value; and for every offence committed against the provisions of this act shall be fined in any sum not exceeding five hundred dollars.

SEC. 7. That each year the auditor shall make an estimate of the probable amount of revenue derivable from the various sources, and report the same to the legislative assembly of the Territory, by which they may be governed in their appropriations, and that every warrant shall be cancelled or paid in its own fiscal year out of the sums in the hands of the treasurer, and that no warrants shall be issued over and above the estimate of said auditor, duly reported to the legislative assembly.

SEC. 8. That all territorial warrants issued by the proper au

thorities of the Territory shall draw interest at the rate of ten per cent. per annum from and after the date of their presentation, until there are funds to pay said warrants in the hands of the treasurer.

SEC. 9. That the time intervening between the passage of this act and the first day of January, one thousand eight hundred and sixty-five, or the commencement of the first fiscal year, shall, for the purposes of this act, be considered part of the fiscal year of eighteen hundred and sixty-five.

SEC. 10. This act to take from and after its

[Approved December 26, 1864.]

passage.

AN ACT to create a lien in favor of ranchmen and others.

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

SEC. 1. That any ranchman, faru er, agistor or herder of cattle, tavern-keeper, or livery stable keeper, to whom any horses, mules, asses, cattle, or sheep shall be entrusted, and a contract for their keeping be entered into between the parties for the purpose of feeding, herding, pasturing, or ranching, shall have a lien upon said horses, mules, asses, cattle, or sheep for the amount that may be due for such feeding, herding, pasturing, or ranching, and shall be authorized to retain possession of such horses, mules, asses, cattle, or sheep until the said amount is paid. Provided, That the provisions of this act shall not be construed to apply to stolen stock. SEC. 2. This act to take effect and be in force from and after its passage.

[Approved December 28, 1864.]

AN ACT securing liens to mechanics and others.

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

SEC. 1. Every mechanic, builder, artisan, workman, laborer, or other person, who shall do or perform any work or labor upon, or furnish any materials, machinery, or fixtures, for any building, erection, or other improvement upon land, or for repairing the same, under or by virtue of any contract with the owner or proprietor thereof, or his agent, trustee, contractor, or sub-contractor, upon complying with the provisions of this act, shall have for his work or labor done, or materials, machinery, or fixtures furnished, a lien upon such building, erection, or other improvement, and upon the lot or lands belonging to such owner or proprietor on which the same is situated, to the extent of one acre, if outside of any town or incorporated city, or if within any town or incorporated city, then to the extent of the whole lot or lots on which the same is situated, to secure the payment of such work or labor done, or materials, machinery, or fixtures furnished.

SEC. 2. Every sub-contractor wishing to avail himself of the benefits of this act, shall give notice to the owner or proprietor, or his agent or trustee, before or at the time he furnishes any of the things aforesaid, or performs any of the labor, of his intention to furnish or perform the same, and the probable value thereof; and if afterwards the things are furnished or labor done, the sub-contractor shall settle with the contractor therefor, and having made the settlement in writing, the same signed by the contractor, and certified by him to be just, shall be presented to the owner or proprietor, or his agent or trustee, and left with him; and within thirty days from the time the things shall have been furnished or the labor performed the sub-contractor shall file with the recorder of the county in which the building, erection, or other improvement is situated, a copy of the settlement between himself and the contractor, which shall be a lien on the building, erection, or improvement for which the things were furnished, or on which the labor was performed, and shall at the time file a correct description