The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1865-01-21

them are very busy just now in trying to
upset the city governmentan and get the char
ter repealed. They say taxation ia too
heavy upon the "dear people.o The fact
is, suppose the city license makes whi,kev
too dear for their pockets, and city polioc-
men make thieves keep in the shade. Wa
must wait until Christmas and NewYear.
are over, and then something may turn up
for an ~ B.TcuvIo,
The Law Relating Go Ranches.
An Acr declaratory of the rights of occu.-
pants of the Public Domain. expect an
against the United States.
Be ii enacted By the Legislative Assembly, of
the Territory Of Montana:
SECTION l.-Conceding to the United
States of America the primary and para
mount right to dispose Of the soil OF this
Territory, according to the laws existing or
TO be enacted by Congress, and full and
complete exemption from every form Of tag
alton Of their property, it is hereby declar.
ed that as between all citizens now residing
in, or who shall hereafter come to reside in
this Terrlto-y, and as between them, or any
OF them and others, having or claiming
now, or hereafter, pretending to have or
claim, any right to occupy, possess, or en-
JOY, any portion of the public domain, sit
uate within the boundaries of this Terrific
ry, and as between each and every one of
them, and all other persons, associations,
corporations and powers, except the gov
ernment of the United States of America.
the right as the same may exist, under the
local laws, to occupy, possess and enjoy
any tract or portion thereof not to exceed
lou acres, in such form as may bs prescrib-
ed by the laws Of the United States, shall
be respected in law and in equity, in all
the courts and tribunals of this TERRITORY,
as chattel real, possessing the character
of real estate.
SEC. All rights of occupancy, possss-
sion and enjoyment, of any tract or portion
OF the said public domain, except mining
claims, shall be expressed and described in /;
declaration N cases of original occupa-
ton, and by deed in cases of purchase,
duly acknowledged by some officer author
lied to take the acknowledgement of deeds,
and recorded in the Office of the recorder
Of the county in which the land is situated.
SEC. 3.-The owner Of every claim or
improvement on any tract or parcel Of land
has transferable interest therein, which
may ce sold by execution. or otherwise, and
any sale OF such improvement is Sufficient
consideration to sustain promise.
SEC. All rights of occupancy, posses
sion and enjoyment of any tract or portion
OF the said public domain, acquired before
the passage of this act, shall be ascertsined.
adjudged and determined by tie local laws
of the district or precinct in which such
tract is situated, as it existed on the day
when such rights were acquired, or as it NAV
thereafter have existed there by the con-.
mon custom then prevailing in respect 10
suchpropsrtv in the district OF precinct in
which it existed.
SEC. 5.-The declaration ot an occupan.
OF Q tract or portion of the public domain
required by the second section of this .cr
shall be substantially in the following form,
to wit:
"To all whom these presents may con-
csrn: know ye, that /, \. B., Of -
IN the county OF --- in the Territory
of Montana, do hereby declare and publish.
as legal notice to all the world, that /
have valid right to the occupation, pos
sion and enjoyment of ell and singular that
tract or portion of land, nos exceeding I60
acres, situate, lying and being in the town
ship OF ---, in the county of --, IN
the Territory of Montana, known and de-
scribed as follows: tHere insert the descrio-
tion.) Together with all and singular, the
hereditaments and appurtenances thereto
belonging, or in anywise appertainine.
Witness my hand and seal, on this -
day of - A. D., 1856, to be subscrib-
cd with the full christian name and surpsms
Of the person making the application, as
knowledged in the same manner as n deed
Of real estate. GA. =
SEC. 6.-An persons, associations and
companies now claiming indiyidually or
collectively, the right to the occupaTcv.
possession and enjoyment OF any tract oe
parcel of the said public domain, ezcep,
mining claims, under or by virtue of the
terms expressed in the fourth section OF
this act, and other muniments Of title. for
record with the recorder OF the county in
which the lands shall be situated within
three months from TIE time duly elected
recorder shall enter upon his duties. un-
less Within that time, the book of records
Ii which they may have been recorded sc-
eording to the local law, or custom shall
have been deposited in said s!ice for tho
public use.
Sec. Tin all legal or equitable pro-
eeedings hereafter instituted in anv court
IN this Territory, the record of any dee,a-
ration, deed or mortgage, or any 9TH mu-
nimsnts OF right referred to in the third
and fifth sections of this act, shall be re-
ceived except as against the United Ssates.
and all persons claiming under the United
States as prcsumptiye evidence Of the feg-
ularityof the paper itself, under tho local
law and custom existing at tie time of ita
execution, and If the regularity thereof. be
challenge the burden of proving the alleged
irregularity. shall rest upon tho psrtv
masking the challenge. -
SEC. S.-Thc declaration Of every occu-
pant of any tract Or portion OF the public
domain mentioned in section Eve Of this
act, shall not be construed to incluee any
gold bearing, quartz lodes, silver lodes, or
gold diggingS, but said lodes or diggisgs
shaa be excepted from the tract of7said
occupant, and shall be subject to be occu-
pied, possessed and enjoyed, according To-
the local law or custom of the distries IL
which the same may be situated, and ;s
there be no local law or custom in said dis.