number of votes, and election of such person. In case there shall be no choice by reason of two or more persons having an equal and highest number of votes, then the governor shall by proclamation order a new election.

shall also issue a proclamation declaring the

SEC. 30. If the returns of the election of any county in this Territory shall not be received at the office of the secretary of the Territory within thirty days after the election, the said secretary shall forthwith send a messenger to the clerk of the county commissioners, whose duty it shall be to furnish the said messenger with a of such returns, and the said messenger shall be paid out of the county treasury of the said county, the sum of thirty cents for each mile he shall necessarily travel in going to and returning from said county.

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SEC. 31. Any person who shall receive a certificate of his election, shall be at liberty to resign such office, though he may not have entered upon his duties or taken the requisite oath of office, and when any vacancy shall happen in the office of member of council or house of representatives by death, resignation or otherwise, and a session of the legislature is to take place before the next annual election, the governor shall issue a writ of election directed to the sheriff of the county or district in which such vacancy shall happen, cominanding him to notify the several judges in his county or district to hold a special election to fill such vacancy or vacancies at a time appointed by the governor.

SEC. 32. Where two or more counties are united in a council or representative district, or for the election of any officer, the clerk of the board of the county commissioners of the county or counties last established shall, on the twentieth day after the election unless a previous time is agreed upon, attend at the office of the clerk of the board of the senior county, and together they shall canvass the votes according to law, and the certificate of election shall be signed by such clerk and be delivered to the proper person at the office of the clerk of the senior county, and, for the purpose of this act, the the county first created shall be deemed the senior county, and when all the counties were created by the same act, the first named therein shall be deemed the senior county.

SEC. 33. There shall be allowed out of the county treasury of each county to the several judges and clerks of the election, five

dollars per diem, and to the person carrying the poll books from the place of election to the clerk's office, and to the clerks of the board of county commissioners for attending at another county to canvass votes the sum of thirty cents per mile for going and returning, to be paid out of the county treasury.

SEC. 34. If any judge or clerk of election, or any other person in any manner concerned in conducting the election, shall corruptly violate any of the provisions of this act, he shall pay to the county a sum not less than fifty or more than one thousand dollars, and be imprisoned in the county jail until such fine is paid, the same to be recovered by civil action in the name of the county commissioners of the proper county, for the use of the common schools of said county.

SEC. 35. The term of office of all officers elected shall begin on the first Monday in November next ensuing, unless some other express provision is made by law.

SEC. 36. In all elections, the person having the highest number of votes for any office shall be deemed to have been elected.

SEC. 37. In counting the votes, the judges of election shall disregard misspelling or abbreviation of the names of candidates for the offices, if it can be ascertained, from such votes, for whom they were intended.

SEC 38. All contests of county and township officers shall be tried in the proper county, and when an elector shall wish to contest such election, he shall file with the clerk of the board of county commissioners, within ten days after such person shall have been declared elected, a statement in writing, specifying the grounds of contest, verified by affidavit, and such clerk shall issue to the contestant a notice to appear, at time and place specified in the notice, before the probate court, which notice, with a copy of such statement, shall be delivered to the sheriff, who shall, within five days, serve the same on the contestor by delivering to him a copy of such notice and statement, or by leaving such copy at his usual place of residence.

SEC. 39. The probate court, at the time specified in the notice, (and it shall appear by the sheriff's return that notice has been duly served on the contestor,) shall proceed to try such contest. Each party shall be entitled to subpoenas, and subpoenas duces tecum, as in ordinary cases at law, and the probate court shall hear

and determine in such manner as shall carry into effect the expressed will of a majority of the legal voters as indicated by their votes for such office, not regarding technicalities, or error in spelling the name of any candidate for such office, and the clerk of said board shall issue a certificate to the person declared to be elected by said board, which shall be conclusive evidence of the right of said person to hold such office.

SEC. 40. This act shall not be construed so as to impair in any way the right of any person to contest any election in the manner authorized and provided by statute.

SEC. 41. Resignations shall be made as follows: First, By the Territorial officers and by all officers elected to the legislature, to the governor. Second, By all county officers, to the county commissioners of their respective counties. Third, By all other officers holding office by appointment, to the body or officer that appointed them.

SEC. 42. Every office shall become vacant on the happening of any of the following events, before the expiration of the term of such office: First, The death of the incumbent. Second, His resignation. Third, His removal. Fourth, Ceasing to be an inhabitant of the Territory, county or township for which he shall have been elected or appointed, or within which the duties of his office are to be discharged. Fifth, His conviction of any infamous crime, or of any offence involving the violation of his official oath. Sixth, His refusal or neglect to take the oath of office, or to render his official bond, or deposit such oath or bond within the time prescribed by law. Seventh, The decision of a competent tribunal, declaring void his election or appointment.

SEC. 43. The governor shall also declare vacant the office of every official required by law to execute an official bond, when a judgment shall be obtained against such officer for a breach of the condition of such bond.

SEC. 44. When a vacancy shall occur during a recess of the legislature, in any office which the legislature is authorized to fill by election, or which the governor, subject to confirmation of legislative council, is authorized to fill, the governor, unless it be otherwise specially provided, may appoint some suitable person to perform the duties of such office.

SEC. 45. When at any time there shall be in any of the county

or township offices, no officer, duly authorized to execute the duties thereof, some suitable person may be appointed by the county commissioners to perform the duties of such officer: Provided, That there is no board of county commissioners, the governor may, on notice of such vacancy, create or fill such board.

SEC. 46. Every person so appointed in pursuance of the last two preceding sections shall, before proceeding to execute the duties assigned them, qualify in the same manner as required by law of the officers in whose place they shall be appointed, and they shall continue to exercise and perform the duties of the office to which they shall be appointed, until such vacancy shall be regularly supplied as provided by law.

SEC. 47. This act shall be in force, and take effect from and after its passage.

[Approved January 17, 1865.]

AN ACT for the protection of Roads.

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

SEC. 1. That if any person, mining, ditch or milling company, shall, by virtue of any charter or law granted or made for mining, milling, irrigating or other purposes, dam the waters of any stream in this Territory, so that the water thus dammed shall overflow any wagon or other road, situated on the margin or banks of said stream, or so as to cause the said road to become undermined, weakened or damaged, the said person, company or corporation shall rebuild or repair said road at their own expense; the said road to be accepted by the county commissioners of the county in which said road is located.

SEC. 2. Any person, company or corporation violating the first section of this act, shall be liable to a fine, not exceeding five hundred dollars, nor less than ten dollars, to be recovered by action of debt, in any court having competent jurisdiction in this Territory. SEC. 3. That fines accruing by the provisions of this act, shall

be paid into the county treasury for the use of the common schools of this Territory.

SEC. 4. This act to take effect, and be in force, from and after

its passage.

[Approved January 20, 1865.]

AN ACT concerning weights and measures.

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

SEC. 1. That the weights and measures accepted and used by the government of the United States at the present time, except as hereinafter provided, shall be deemed the lawful standard weights and measures of the people of this Territory.

SEC. 2. The "ton" shall be twenty hundred pounds weight avoirdupois, except in the article of mineral coal, when it shall be deemed to express the conventional quantity of twenty-eight bushels.

SEC. 3. Sixty pounds of wheat, fifty-six pounds of rye, fiftysix pounds of Indian corn, forty-eight pounds of barley, thirty-five pounds of oats, sixty pounds of potatoes, sixty pounds of beans, sixty pounds of clover seed, forty-five pounds of timothy seed, forty-four pounds of hemp seed, fifty-two pounds of buckwheat, fourteen pounds of bluegrass seed, fifty pounds of corn meal, fiftyseven pounds of onions, and fifty pounds of turnips, carrots, beets, and parsnips each, salt, fifty pounds, respectively, shall be the standard weight of a bushel of each of such articles.

SEC. 4. It shall be the duty of the treasurer of this Territory to procure as soon as possible from the department of the Federal Government all necessary weights and measures for the use of the Territory, and as soon as he shall receive them to give public notice, through one or more newspapers, for thirty days, to each and every board of county commissioners in the Territory to obtain copies or duplicates of said weights and measures.

SEC. 5. That all venders and traders in goods and merchandise, gold dust, and other articles of traffic, shall, within sixty days after