, 1867-04-19
1PUBLIc-No. 65.1

An ACT amendatory of "An act to provide a
temporary government for the Territory OF
Montana" approved Nay twenty six eighteen
hundred and sxty-four.
Be il enacted By the Senate and House Of Re
presentatives of the United States of America, in
Congress assembled, That the legislative assem-
blies of the several Territories of the United
States shall not, after the passage of this act,
grant private charters or special privileges but
they may, by general incorporation acts, permit
persons to associate themselves together as
bodies corporate for mining, manufacturing, and
other Industrial pursuits
Sec 2 And be it further enacted, That the
probate courts of the Territory of Montana, in
their respective counties, in addition to their
probate jurisdiction, are hereby authorized to
hear and determine civil causes wherein the
damage or debt claimed does not exceed five
h1ndred dollars, and such criminal cases aris
ing under the laws of the Territory as do not
require the Intervention of grand jury; Pre-
Uided that they shall not have jurisdiction in
any matter in controversy when the title or
right to the peaceable possession of land may be
in dispute or chancery or divorce causes And
provided further, That in all cases an appeal may
be taken from any order, Judgment or decree of
said probate court to the district court.
Sec 3. And be it further enacted, That the
chief justice and associate justices of said Ter,
ritory and the Territory of Idaho shall each re-
NeL'e al euuaI saIaIy VI lnlrty-uVe nunureu
dollars.
Sec. 4. And be ii further enacted, That the
judges of the supreme court of said Territory,
or a majority of them, shall, when assembled at
the seat OF government of said Territory, define
the judicial districts of said Territory, and as,
sign the judges who may be appointed for said
Territory to the several districts, and shall also
fix and appoint the times and places for holding
the courts in the several counties or subdivi-
in If al ind
the times and places of holding the courts as to
them shall seem proper and convenient, but not
less than two terms shall be held at each place
of holding court each year.
Sec. s. AHd be it further enacted, That for the
purpose of reyiying the legislative functions of
the Territory of Montana, which have been ad-
judged therein 20 have lapsed, the governor of
said Territory be, and be is hereby, authorized,
on or before the first day of July, eighteen hun,
dred and sixty-seven, to divide said Territory
into legislative districts for the election of mem
bers of the council and house of representatives,
and to appOrtion among said districts the mum,
Der of members of the legislative assembly pro-
vided for in the organic act of said Territory.
and the election of said members of the lerisla
tive assembly shall be held at such time and
shall be conducted in the manner rescribed bv
the legislative assembly of said Territory at the
session thereof, begun and holden at the city of
Bannack in eighteen hundred and sixty. four
and eighteen hundred and sixtys6ve and the
qualifications of voters shall be the sare As that
prescribed by said organic act, saving and ex-
cepting the distinction therein made on account
of race or color, and the legislative assembly, so
elected, shall convene at the time prescribed by
said legislative assembly at the session last
aforesaid. The apportionment provided for in
this section shall be based upon such an emu
meration of the qualified electors of the several
legislative districts as shall appear from the
election returns in the office of the secretary Of
said Territory, and from such other sources OF
information as will enable the governor witbout
taking new census, to make an apportionment
which shall fairly represent the people of the
several districts in both houses of the leoisla,
tive assembly, but the legislature NAV at auy
time change the legislative districts of the Ter.
ritory as fixed by the governor.
Sec. 3. AHd be HJarther enacted, That all acts
passed at the two sessions of the so called lepis
latiye assembly of the Territory of Montana.
held in eighteen hundred and sixty-six, are here,
by dlsapproved and declared null and void. er-
cspt such acts as the legislative assembly herein
authorized to be elected shall by special act in
each case reenact: ProUided, kotceusr. That in
all claims of vested rights hereunder, the party
claiming the same shall not, by reason of auy-
thing In this section contained, be precluded
from making and testing said claim in the courts
OF SAID territory: AHd Pr0rided further, That no
legislation or pretended legislation in said Ter.
ritory since the adjournment of the first legsla,
tive assembly shall be deemed valid until the
election of the legislative assembly herein pro.
vided for shall take place.
Sec. 4. And be Hftrther enacted, That from and
after the first day of April next the salary OF
each Of the judges of the several supreme court,
in each of the organized Territories (excepl
Montana and ldaho) shall be two thousand fy,
hundred dollars.
Sec. 8. And be it further enacted, That all actl
and parts of acts inconsistent with this act ar.
hereby repealed.
Approved, March 2, 1867.