of a country at war with the United States, the time of the continuance of the war shall not be a part of the time limited for the commencement of the action.

Sec. 15. If the action shall be commenced within the time. prescribed therefor, and a judgment therein for the plaintiff be rendered on error or appeal, the plaintiff, or if he die, and the cause of action survive, his heirs or representatives may commence a new action within one year after the reversal.

Sec. 16. When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action.

Sec. 17. No person shall avail himself of a disability unless it existed at the time his right of action accrued.

Sec. 18. When two or more disabilities co-exist at the time the right of action accrues, the limitation shall not attach until they all be removed.

Sec. 19. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this act, unless the same is contained in some writing signed by the party to be charged thereby, but this act shall not alter the effect of any payment of principal or

interest.

Sec. 20. Whenever any payment of principal or interest has been or shall be made upon an existing contract, whether it be bill of exchange, promissory note, bond, or other evidence of indebtedness, if such payment shall be made after the same shall have become due, the limitation shall commence from the time the last payment was made.

Sec. 21. When the cause of action shall have arisen in any other state or territory of the United States, or in a foreign country, and by the laws thereof an action cannot be maintained against a person by reason of the lapse of time, no action thereon shall be commenced against him in this territory.

Sec. 22. That nothing in this act shall be so construed as to revive any demand of whatever nature or character created outside of this territory, the collection of or right of action upon which has been barred by the act of the legislative assembly, to which this is amendatory, and amendatory acts in relation thereto passed prior to this date. This act shall be construed to apply to and shall govern the decision of all suits hereafter commenced in this territory.

CHAPTER XLII.

LORD'S DAY.

Sec. 1. Unlawful to keep open play-house, &c., on Lord's Day. Sec. 2. Unlawful to keep open any gambling-house.

Sec. 3. Violation of this act a misdemeanor.

Sec. 4. Justices to have jurisdiction under this act.
Sec. 5. Fines to go to school fund.

Section 1. Hereafter it shall be unlawful for any person or persons to keep open any play-house, theatre, dance-house, hurdygurdy-house, prize-ring, or race-grounds on the first day of the week, commonly called the Lord's Day.

Sec. 2. Hereafter it shall be unlawful for any person or persons to keep open any house or other habitation wherein any game of chance is played, or open any banking game at cards on the first day of the week, commonly called the Lord's Day.

Sec. 3. If any person or persons shall violate the provisions of this act, (they) shall be deemed guilty of misdemeanor, and, upon conviction thereof, before any court having competent jurisdiction, shall be fined in any sum not less than ten dollars, nor more than one hundred dollars, or be imprisoned in the county jail not less than one nor more than thirty days for such offence, or by both such fine and imprisonment, and shall be adjudged to pay all costs of such prosecution.

Sec. 4. Justices of the peace shall have jurisdiction in all cases arising under the provisions of this act.

Sec. 5. All fines collected under this act shall be paid into the county treasury of the county where such conviction was had, and shall be for the benefit of the common schools of said county.

CHAPTER XLIII.

MARRIAGE.

Sec. 1. Marriage declared a civil contract; consent necessary. Sec. 2. Who may not marry.

Sec. 3. Who may solemnize marriage.

Sec. 4. Persons solemnizing marriage to make certificate and file with county recorder.

Sec. 5. Form of certificate.

Sec. 6. Certificates to be filed and recorded.

Sec. 7. Penalty for not delivering certificate to recorder.

Sec. 8. Penalty for making false certificate or marrying without

authority.

Sec. 9. Marriage not deemed void because person solemnizing had no authority.

Sec. 10. Certificate and record presumptive evidence of marriage. Sec. 11. Children legitimatized by marriage.

Sec. 12. All fines under this act to be paid to school fund.

Section 1. Marriage, as far as its validity is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and the parties shall be of the age of majority.

Sec. 2. No marriage shall be contracted while either of the parties shall have a husband or wife living, nor between parties who are nearer of kin than second cousins, computing by the rules of civil law, whether by the half or whole blood.

Sec. 3. That marriages may be solemnized by any judge of a court of record, by any justice of the peace in the county or judicial district in and for which he is appointed or elected, by the governor of this territory, or by a minister of the gospel who may be settled over any congregation in this territory as minister thereof.

Sec. 4. That every person solemnizing marriage shall make a record thereof, and, within three months after such marriage, shall make out and deliver to the recorder of deeds of the county in which the marriage took place, a certificate, under his hand, of the following form, and deliver a copy to either or both of the parties, if requested.

Sec. 5. The certificate shall be in the following form :

TERRITORY OF MONTANA, }

County of

88.

This is to certify that the undersigned, a justice of the peace of said county (minister of the gospel, judge, etc., as the case may be), did, on the

lawful wedlock T

day of
B-

A. D., 18- -, join in

and M

S

Sec. 6. All such certificates shall be filed and recorded by the said

recorder in a book to be kept by him for that purpose, and he shall receive a fee of one dollar from the person solemnizing said marriage, who shall be entitled to receive the same from the parties before the marriage.

Sec. 7. That every person solemnizing marriages, who shall neglect to make and deliver to the recorder a certificate thereof

within the time above specified, shall forfeit for such neglect a sum not less than twenty nor more than fifty dollars; and every recorder who shall neglect to record such certificate, so delivered, shall forfeit the like penalty.

Sec. 8. That every person who shall wilfully make and deliver a false certificate of marriage, or pretended marriage, or undertake to join others in marriage, knowing he is not lawfully authorized so to do, or knowing any legal impediment to the proposed marriage, he shall, on conviction in any court of competent jurisdiction, be fined in a sum not exceeding five hundred dollars, and be imprisoned in the territorial prison until such fine is paid. Sec. 9. No marriage solemnized before any person professing to be a judge or justice or minister, shall be deemed or regarded void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority, provided it be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

Sec. 10. The original certificate and record of marriage made by the judge, justice, or minister, as prescribed in this act, and the record thereof by the recorder of the county, or a copy of such record, duly certified by the recorder, shall be received by all courts, and in all places, as presumptive evidence of the fact of such marriage.

Sec. 11. Illegitimate children shall become legitimatized by the subsequent marriage of their parents with each other.

Sec. 12. All fines arising under this act, in consequence of a breach of this act, shall be paid into the county treasury for the use of common schools; and said fines shall be recovered by a civil action, to be brought by any person aggrieved or by the county treasurer.

CHAPTER XLIV.

MARRIED WOMEN.

Section 1. That the property owned by any married woman before her marriage, and that which she may acquire after her marriage, by descent, gift, grant, devise, or otherwise, and the increase, use, and profits thereof, shall be exempt from all debts and liabilities of the husband, unless for necessary articles procured for the use and benefit of herself and her children under the age of eighteen years: Provided, however, That the provisions of this act shall extend only to such property as shall be mentioned in a list of the property of such married women as is

on record in the office of the register of deeds of the county in which such married woman resides.

CHAPTER XLV.

MINES.

(See post chapters 81, 82, and 83.)

Sec. 1. Persons discovering quartz entitled to a claim for discovery. Sec. 2. Requisites to entitle discoverer to record.

Sec. 3. Dimensions of claims.

Sec. 4. Where ledges cross, first claimant to own ore.
Sec. 5. Discoverer to file notice and specimen of ore.
Sec. 6. Penalty for destroying or obliterating stakes.

Sec. 7. Amount of ground which may be taken in addition to discovery claim.

Sec. 8. Claims to pass to heirs or assigns the same as real estate. Sec. 9. Preceding section to apply to claims heretofore recorded. Sec. 10. Conflicting and Idaho acts repealed.

Section 1. That any person or persons who may hereafter discover any quartz lead, lode, or ledge, shall be entitled to one claim thereon by right of discovery, and one claim each by preemption.

Sec. 2. That in order to entitle any person or persons to record in the county recorder's office of the proper county any lead, lode, or ledge, either of gold or silver, or claim thereon, there shall first be discovered on said lode, lead, or ledge, a vein or crevice of quartz or ore with at least one well defined wall.

Sec. 3. Claims on any lead, lode, or ledge, either of gold or silver, hereafter discovered, shall consist of not more than two hundred feet along the lead, lode, or ledge, together with all dips, spurs, and angles emanating or diverging from said lead, lode, or ledge, as also fifty feet on each side of said lead, lode, or ledge for working purposes: Provided, That when two or more leads, lodes, or ledges shall be discovered within one hundred feet of each other, either running parallel or crossing each other, the ground between such leads, lodes, or ledges shall belong equally to the claimants of the said leads, lodes, or ledges, without regard to priority of discovery or pre-emption.

Sec. 4. When any leads, lodes, or ledges shall cross each other, the quartz ore or mineral in the crevice or vein at the place of crossing shall belong to and be the property of the claimants upon the lead, lode, or ledge first discovered.