holding said election in each of said wards; shall appoint three 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 may be provided by law in election for members of the legislature. A copy of said returns of said election shall be delivered to said commissioners, who shall canvas 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 two aldermen for each of said wards, 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 either of said offices, the said commissioners shall determine the same between them by lot

SEC. 18. This act to be in force from and after its passage. [Approved December 30, 1864.]

AN ACT to incorporate the Rams Horn Ditch Company.

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

SEC. 1. That James H. Febes and O. C. Stanly, their asso-ciates or assigns, are hereby declared a body corporate, under the name of the Rams Horn Ditch Company, for five years from the passage of this act.

SEC. 2. Said company shall have the right to take five hundred inches more or less of the water of Rams Horn Creek at a point on said creek about one hundred yards below the Rams Horn Company's quartz mill or arastra, in Madison County, Montana Territory, and construct a ditch and flumes of sufficient capacity to carry said water from said point over the dividing ridge into Bivins Gulch, and thence to such other mining districts in Madison County as said water can be led and used to advantage. Provided, That at all times there shall be a sufficient amount of water left in said Rams Horn Creek to run one sluice head for mining purposes.

SEC. 3. Said company is hereby granted the right of way for said ditch and flumes, together with sufficient space on either side to protect the same.

SEC. 4. Said company may sue or be sued in their corporate name, and shall have the right to sell water to purchasers at the following rates: For the first use of water fifty cents per inch, and all other uses not to exceed twenty-five cents per inch per day. SEC. 5. The capital stock of said company shall not exceed five thousand dollars.

SEC. 6. This act to take effect from and after its approval by the governor.

[Approved December 31, 1864.]

AN ACT to dissolve the Bonds of Matrimony existing between Leonard A. Gridley and Marinda E. Gridley.

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

SEC. 1. That the bonds of matrimony existing between Leonard A. Gridley and Marinda E. Gridley, his wife, be, and the same are hereby, dissolved.

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

Approved December 31, 1864.]

AN ACT to authorize Zedekiah A. Stone and his Associates to Construct and Keep a Toll Bridge across Beaver Head River.

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

SEC. 1. That Zedekiah A. Stone and his associates, heirs and assigns be, and they are hereby, authorized to construct and keep a toll bridge across the Beaver Head River at or near the crossing of

the said Beaver Head River, on the road leading from Bannack City to Virginia City.

SEC. 2. That the said Zedekiah A. Stone and his associates shall be entitled to charge and collect tolls at the following rates, viz: For every wagon drawn by a pair of horses, mules, or oxen, one dollar and fifty cents, for every additional pair of horses, mules, or oxen, fifty cents; for every single horse or mule and vehicle, one dollar; for every horse or mule and rider, twenty-five cents; for loose stock, such as horses, mules, asses, and cattle, fifteen cents per head; for sheep and swine, five cents per head.

SEC. 3. The commissioners of the county in which said bridge may be constructed are hereby authorized, after the expiration of one year from the completion of said bridge, to establish and fix the rates of toll which shall be collected from all persons travelling upon and over said bridge, with the privilege on the part of the commissioners to purchase for the county the said toll bridge, at a sum not exceeding the original cost of said bridge.

SEC. 4. The privileges herein granted shall continue for the period of four years.

SEC. 5. This act to take effect and be in force from and after

its passage.

[Approved January 4, 1865.]

AN ACT to incorporate the town of Montana in Beaver Head County, Montana

Territory.

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

SEC. 1. That Samuel McLean, Samuel W. Batchelder, Edwin R. Purple, Walter C. Hopkins, William H. Miller, Thomas Pitt, George W. Stapleton, Darius Hawkins, James Tufts, and such other persons who are now, or who may hereafter be associated with them for that purpose, and their successors, are hereby incorporated a body politic and incorporate, by the name and style of the "Town of Montana," and by that name shall be capable of suing and being sued, impleading and being impleaded, defending

and being defended, in all courts of law and equity having jurisdiction in this Territory. Said company is authorized to have and use a common seal, to alter the same at pleasure, and to make such rules and regulations, and to appoint such officers for the management of its affairs as the company may deem necessary, not inconsistent with the laws of this Territory and of the United States.

SEC. 2. The said incorporation shall have power to hold, manage, and control the tract of land already occupied and laid off into lots, blocks, and squares, as the town of Montana, in Beaver Head County, a survey and plat of which has been filed in the office of the recorder of said county. And further, to hold, manage, and control the following described tracts or parcels of land, lying and being adjacent to the above mentioned tract, to wit: Commencing at the northwest corner of the above mentioned filed survey, running westerly to Point of Rocks on the south side of Rattlesnake Creek about twelve hundred feet; thence southerly on a line parallel with the west line of said survey forty chains; thence easterly to the southeast corner of said survey; then commencing at the northeast corner of said survey, running southerly along east line of said survey forty chains; thence easterly on an extension of the south line of said survey sixty-five chains; thence northerly on a line parallel with the east line of said survey forty chains; thence westerly sixty-five chains, to point of beginning. Provided, That the whole amount of ground included within the limits described in this section shall not exceed six hundred and forty acres.

SEC. 3. The said incorporation shall have the exclusive privilege of supplying the inhabitants of said town of Montana with water from Rattlesnake Creek. Provided, That in availing themselves of this privilege they do not interfere with previously vested or acquired rights in the waters of said stream.

SEC. 4. The said incorporation shall have power to make additions to said town of Montana as they may deem proper, not intruding or infringing on the rights or prior possessions of any other occupant.

SEC. 5. This act shall take effect from and after its approval by the governor.

[Approved January 6, 1865.]

AN ACT granting to C. R. Bissell and J. E. Bissell the right to build or construct a wagon road by the most direct route from Silver Bow to the Jefferson River, being located in Deer Lodge and Jefferson Counties, beginning at the Silver Bow Mines in Deer Lodge County and running up the south fork of the Silver Bow or Deer Lodge Creek to the summit of the Rocky Mountains, thence by the most direct route to the Jefferson River.

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

SEC. 1. The exclusive right to operate and maintain a wagon road from a point that is called the Silver Bow Mines, in Deer Lodge County, and the said road to extend and intersect the Virginia City, Prickly Pear, and Fort Benton Wagon Road at or near what is called the Point of Rocks on the Jefferson River, the length of said road being about forty miles, said road and points so designated are hereby granted to C. R Bissell and J. E. Bissell, their associates and successors, for the term of five years, with the privileges and subject to the conditions of this act.

SEC. 2. So long, not to exceed five years, as the said C. R. Bissell and J. E. Bissell, their associates and successors, shall maintain, operate, and carry on a good wagon road between the above named points, they shall be authorized to collect the following rates of toll: For each wagon drawn by two horses, mules, or cattle, three dollars, and for each additional pair of horses, mules, or cattle fifty cents; for each man with a horse or mule, fifty cents; for each head of loose stock, twenty-five cents; for sheep or swine, ten cents per head. The said C. R. Bissell and J. E. Bissell, their associates and successors, shall be held and obligated to have the said road completed and in good order for transit of wagons and stock on or before the first day of August, A. D. 1865, under the penalty of all damages sustained, and the forfeiture of this charter.

SEC. 3. No section or part of this act shall be so construed as to prohibit the county commissioners from exercising the authority over said road as they are authorized to exercise over other licensed roads; and they may, after the expiration of two years, upon the written petition of fifty bona fide citizens of the counties in which said road is located, alter and fix the rates of toll.