a majority of the legal voters of the territory, taking as a basis the votes cast at the last general election, shall petition the legislative assembly to change the seat of government of the territory, the legislative assembly shall submit the question of such change to (a) vote of the qualified electors of the territory, at the next general election thereafter.

Sec. 2. The notice required in section one of this act, shall be published in some newspaper in such county thirty days previous to such election (if any such paper be published therein), but if no such paper be published in the county, then by posting written. notices in ten public places in such county; one on the door of each post office in such county, and one at the place where the polls are opened, in each precinct in such county.

Sec. 3. At such election, the ballots shall have written or printed thereon, "county seat;" and those voting for a change of such county seat shall have written or printed under such words the name of the place named in such petition, and those opposed to such change shall have written or printed thereunder the name of the place where such county seat may then be, and the place receiving the highest number of votes shall be the county seat of such county.

Sec. 4. This act shall take effect from and after its passage and approval by the governor. Approved January 12, 1872.

CHAPTER LXXI.

DUPLICATE WARRANTS.

AN ACT to authorize the issue of duplicate warrants by the territorial auditor, in certain cases.

Section 1. It shall be the duty of the territorial auditor, at the time of issuing any original warrant or bond, to cause to be written or printed upon, or across the face of such bond or warrant, the word "original," with red ink, in a conspicuous manner.

Sec. 2. the territorial auditor is hereby authorized and empowered, upon satisfactory proof that any original territorial bond, warrant, or coupon has been lost or destroyed, to issue to the owner or holder of such bond, warrant, or coupon, a duplicate thereof, which shall take (the) place in order of registration and payment of such original bond, warrant, or coupon, and shall in all cases supersede and take the place of such original.

Sec. 3. Before issuing such duplicate bond, warrant, or coupon,

the auditor shall require the person or persons demanding the same, to execute and deliver to him a bond to the territory of Montana, payable to whomsoever it may concern, in at least double the amount of the duplicate bond, warrant, or coupon, with at least two good and sufficient sureties, who shall be required to justify as in cases of attachment, the condition of such bond being that the principal and sureties therein will indemnify and save harmless the territory of Montana from all loss, cost, or damage, by reason of the issuing of such duplicate, and will pay to any person entitled to receive the same, as the lawful holder of the original bond, warrant, or coupon, all moneys received upon such duplicate.

Sec. 4. The auditor, at the time of issuing any duplicate bond, warrant, or coupon, shall write upon or across the face thereof, the word "duplicate," with red ink, in a conspicuous and legible

manner.

Sec. 5. The word "original" or "duplicate," upon any bond, warrant, or coupon, as provided in section one of this act, shall impart notice to all persons that the same is issued and payable, subject to the provisions of this act.

Sec. 6. It shall be the duty of the territorial auditor, upon production to him of any original bond, warrant, or coupon, by the lawful holder or owner thereof, to assign by endorsement, and deliver to him the bond mentioned in section three of this act, and such owner or holder may maintain an action in his own name, upon such bond, for the recovery of any moneys paid upon such duplicate.

Sec. 7. In case any territorial bond, warrant, or coupon, issued prior to the passage of this act, shall be lost or mislaid, it shall be the duty of the auditor, upon satisfactory proof thereof, and the execution and delivery of a bond in the manner and conditioned as provided in section three of this act, to issue a duplicate thereof; which duplicate shall take the place in order of registration and payment, of such lost or mislaid bond, warrant, or coupon, and the provisions of this act shall apply thereto.

Sec. 8. This act shall take effect and be in force from and after its passage.

Approved Jaunary 6, 1872.

CHAPTER LXXII.

ELECTIONS.

(See ante chap. 23.)

AN ACT to amend an act, entitled "An act relative to elections," approved January seventeenth, eighteen hundred and sixty-five.

Section 1. Any person guilty of stuffing any ballot box, either by false bottoms or in any manner whatever, before the votes are counted or while being counted, and any judge of an election who shall knowingly count or read off the votes falsely, shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned, in the territorial prison, for each and every offence so convicted of, for a term of not less than one nor more than five years.

Sec. 2. If any person or persons, at any election held by virtue of any law of this territory, shall, either by force, fraud, stealth, or otherwise, destroy, obtain, or attempt to obtain, possession of any ballot box, or any ballot or ballots therein deposited, or any poll book, tally list, or other article or articles, kept and used by the judges and clerks in conducting such election, while the voting at such election is going on, during the day of election, or either before or after the ballots have been taken out of the box, and counted by the judges of election, shall be deemed guilty of a felony, and, upon conviction thereof, be imprisoned in the territorial prison, for each and every offence so convicted of, for a term of not less than one nor more than five years.

Sec. 3. Any person who shall vote, or attempt to vote, in the name of any other person other than his own, and any person who causes, aids, or abets any person so to vote, or attempt to so vote, shall, upon conviction thereof, be punished, for each offence, by imprisonment in the territorial prison not less than one year, nor more than five years.

Sec. 4. If any person, not having the legal qualifications of a voter, shall fraudulently vote, or shall fraudulently attempt to vote, at any election, such person, on conviction thereof, shall be punished by imprisonment in the territorial prison for a term not less than one nor more than five years.

Sec. 5. If any elector shall vote more than once at any election, or shall knowingly hand in two or more tickets, folded together, or shail attempt to vote more than once at the same election, he shall, on conviction thereof, be punished by imprisonment in the territorial prison for a term not less than one nor more than five

years.

Sec. 6. If any person shall, directly or indirectly, use any threats, menace, or force, or any corrupt means or device, at, or previous to, or during any election held pursuant to the election laws of this territory, toward any elector, to hinder or deter him from voting at such election; or shall attempt, by any means whatever, to awe, restrain, hinder, or disturb any elector in the free exercise of the right of suffrage, he shall, upon conviction thereof, be fined in any sum not less than fifty nor exceeding five hundred. dollars.

Sec. 7. Any persons wilfully, corruptly, and falsely swearing or affirming, before the board of judges of election, or any member thereof, or the clerk, while in session, or in holding an election, shall be deemed guilty of perjury, and, on conviction, shall be punished. If any member of any board of judges or clerks of election, or any other person in any manner concerned in conducting an election, shall wilfully and corruptly violate any of the provisions of this act, the penalty for which is not herein prescribed, or be guilty of any fraud, deceit, or abuse, in the execution of the duties of his office, the penalty for which is not herein prescribed, he shall be punished, for each and every offence whereof he shall be convicted, by imprisonment in the territorial prison for a term not less than one nor more than five years; or shall pay a fine of not less than fifty nor more than five hundred dollars, in the discretion of the court.

Sec. 8. All acts, or parts of acts, in conflict with this act, be, and the same are hereby, repealed.

Sec. 9. This act to be in force from and after its passage.
Approved January 12, 1872.

CHAPTER LXXIII.

ESTRAYS.

(See ante chap. 24.)

AN ACT concerning estrays.

Section 1. It shall be hereafter unlawful for any person or persons to take up as an estray any horse, mule, neat cattle, sheep, or goat, except the same shall be advertised as an estray, or shall break into his or their enclosures, through a lawful fence, or shall be found encumbered with a yoke, saddle, bridle, harness, or rope, or shall be found on or about the premises of any householder in this territory, during the time included between the first day of December and the first day of April of each year, in a suffering condition for want of food or care.

Sec. 2. Any person who shall take up any estray horse, mule, neat cattle, sheep, or goat, or who has at any time within his lawful enclosure any horse, mule, neat cattle, sheep, or goat, shall, within ten days thereafter, post up a written notice in three of the most public places in the township where such estray was taken up or found, its age, color, and marks, natural and artificial, as near as may be, together with the date on which the same was taken up or found, and his own name and place of residence.

Sec. 3. If within twenty days after posting such notice the owner does not claim such estray, and pay all reasonable charges and damages which the taker up has sustained by reason of any depredations which such estray may have committed within the lawful enclosures of the taker up, and for the keeping of the same, it shall be the duty of the taker up to appear before a justice of the peace of the town or county where such estray was taken up or found, and make a written statement, setting forth the time and place of the finding, and a general description of the animal; it shall then be the duty of said officer to summons two disinterested persons to examine such estray, and report, under their hands, an appraisement of the actual cash value of the same, and the amount of damage sustained by the taker up by reason of any depredations which such estray may have committed within his or their lawful enclosure, and an accurate description, setting forth all marks that may assist to identify the said animal. The report shall be sworn to by the appraisers, also by the finder, so far as the state or condition that the animal was in when found, and that no mark or brand has been altered or defaced by him, or by any other person or persons with his knowledge or consent; it shall then be the duty of said justice of the peace to forward, by mail or otherwise, to the county clerk of the county a description of the animal and the amount of charges and cost against the same at that time, its appraised value, name and residence of the taker up, also names of the appraisers, together with the legal fee for entering the same on the county estray book. It shall be the duty of the county clerk, on the receipt thereof, to enter the same at length on the county estray book, which book is to be kept open for the inspection of the public at all reasonable office hours.

Sec. 4. If the owner does not appear and pay all lawful charges and cost within two months after the date of the recording in the county estray book, the title shall then be vested in the finder or taker up: provided he shall pay to the justice of the peace before whom the case was brought the full amount of the appraised value of the same, after deducting all lawful charges and cost; and, at the expiration of six months, it shall be the duty of said justice of the peace to pay all of said money (received by him) into the county treasury, for the benefit of the common school fund: Provided, That if the ownership of such estray be satisfactorily proven within