vided, That the term of office of all county treasurers shall begin on the first Monday in March next ensuing their election, and that the term of office of all county treasurers now in office shall hold and extend to the first Monday in March next ensuing the expiration of their present term of office. 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 an 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 sherif, 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 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 said officer: Provided, That if 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. That, in addition to the duties already assigned them, it shall be the duty of the board of county commissioners of each county to cause to be provided for the several election precincts in each county poll books, after the forms hereinafter prescribed. Sec. 48. That it shall be the duty of the clerk of said board to deliver to the sheriff of the county two copies of said blanks, to be furnished to the judges of each precinct at the same time the notices are served on said judges, as provided in section five (5) of the act which this act is amendatory. Sec. 49. The judge having the key shall keep it in his own. possession, and deliver it again to the board at the next opening of the polls, and the person having the care of the box shall carefully keep it without opening it, or suffer it to be opened, or the seal thereof to be broken or removed, and shall publicly, in that condition, deliver it to the board of judges at the next opening of the polls, when the seal shall be broken, the box opened, the poll-books taken out, and the box again locked. That the judges having the custody of the key, box, and poll-books, who shall refuse or neglect to comply with the requirements of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than five hundred dollars, nor more than ten thousand dollars, together with imprisonment not less than three months, or more than one year, or by such fine and imprisonment as a court of competent jurisdiction may see fit to impose. Sec. 50. Such poll-books and oaths shall be in the following form: TERRITORY OF MONTANA,} We, County of and, do solemnly swear that we will perform the duty of judges of the election, according to law, and to the best of our ability, and that we will studiously endeavor to prevent fraud, deceit, and abuse in conducting the same, so help us God. We, and do solemnly swear that we will faithfully perform the duties of clerks of the election, according to law, and to the best of our ability, and that we will studiously endeavor to prevent fraud, deceit, and abuse in conducting the same, so help us God. Subscribed and sworn to before me, this 187-. } Clerks. day of NO. POLL BOOKS OF PRECINCT NO. NAMES. NO. NAMES. At an election held at -, in precinct No. in the county of, in the territory of Montana, the following named persons received the number of votes annexed to their respective names, for the following offices; to wit: Certified to by us, Judges. Clerks. Sec. 51. It is hereby made the duty of the sheriff, at the time he delivers the poll-books, as provided in section two (2) of this act, to administer the oath, as prescribed by section three (3) of this act, to, at least, one of the judges of the election, and such judge may administer the oath to the other judges and clerks of such elections. In case such judges fail to serve at such election, either of the other judges may administer such oath. Sec. 52. No officer of this territory, nor of any county within this territory, shall establish a precinct within the limits of any county not fully organized, or at any Indian agency, or at any trading post in the Indian country, or on any Indian reservation whatever; and any county or territorial officer violating the provisions of this section shall be guilty of a misdemeanor and fined in a court of competent jurisdiction in a sum not less than five hundred dollars, nor more than two thousand dollars. Sec. 53. Any county or territorial officer whose duty it is, under existing laws, to open returns and make abstracts of votes, who shall receive and count the returns from any pretended election precinct which may be established of the preceding section of this act, shall be guilty of a felony, and be punished by fine not less than one thousand nor more than five thousand dollars, and be imprisoned in the territorial penitentiary not less than one nor more than five years. CHAPTER XXIV. ESTRAYS AND LOST GOODS. (See post chapter 73.) Sec. 1. Persons taking up lost goods to proceed as required in this chapter. Sec. 2. If property under certain value, to vest in finder-when. Sec. 3. If property over ten dollars and under thirty dollars in value, proceeding. Sec. 4. Justice to make return to county clerk. Sec. 5. If property valued more than thirty dollars, when to vest in finder. Sec. 6. If finder does not take, property to be sold by sheriff. Sec. 8. If property domestic animals, to be sold—when. Sec. 11. What evidence prima facie on return. Sec. 12. No property to vest in finder except under this act. Sec. 14. How costs of settlement paid. Sec. 15. How dispute of ownership tried and settled. Sec. 16. Rule governing aggregate value. Sec. 17. Reward to finder-what. Sec. 18. Charges of officers under this act. Sec. 22. Penalty for taking estrays out of territory. Section 1. Any person stopping or taking up any kind of water craft or timber, logs or lumber, adrift upon any water-course within or upon the borders of this territory, or lodged upon the |