before such election, or, if no newspaper be published therein, the same shall be published in one or more newspapers published in the territory most likely to give general notice; and they shall, at their March session, 1877, or, if not then, they shall convene forthwith thereafter, and they, or a majority of them, shall cause proper poll books to be distributed, and provide for the holding of such election; but the failure of the county commissioners in any county or counties to give said notice shall not be held to invalidate the said election, but the same is hereby appointed to be held on the 10th day of April, 1877, between the hours of eight o'clock a. M. and six o'clock, P. M.; and all general and special laws applicable to the conduct of general elections, not inconsistent herewith, shall be applicable thereto.

SEC. 16. The votes that are cast upon the proposition herein contained, after abstracts of the same shall have been made by the county commissioners of the several counties, and such abstracts shall have been forwarded to the auditor as aforesaid, shall be canvassed in the same manner that the vote for delegate to congress is canvassed under the existing laws. Those votes cast, which read "North and South Railroad Aid-Yes," shall be held and interpreted to be an approval of this act, and those votes which read "North and South Railroad Aid-No," shall be held and deemed to be a disapproval of this act, and the said votes cast thereon shall be counted and canvassed accordingly.

SEC. 17. At the election herein provided for, the ballots or votes shall contain the words, "North and South Railroad Aid-Yes," or "Northand South Railroad Aid-No," and the same rules, regulations, liabilities, and penalties, prescribed for the conduct of other elections, and liability of officers thereof and electors within this territory, shall be observed and enforced at the election herein provided for; and the judges at such election shall truly certify and forward the result of such election, together with the poll books and ballots so cast, to the board of county commissioners to the county seat of said county, within two days after the same shall have been counted and certified, and the county commissioners shall, within ten days thereafter, forward a correct abstract of the votes cast on said proposition at such election to the auditor of the territory; and upon the failure upon the part of any officer or officers

herein named to perform the duties prescribed by this act, he or they shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine not less than five thousand dollars nor exceeding ten thousand dollars, and be imprisoned in the county jail not less than six nor more than ten months.

SEC. 18. If a majority of the votes cast upon the question hereby submitted shall be in approval of this act, in the manner and form provided in sections 16 and 17, it shall be the duty of the governor of the territory to announce such fact by proclamation, to be published in one or more newspapers published in the territory; and thenceforward this act shall be a contract of binding force upon the territory of Montana, and also upon the corporation or association of individuals accepting the same as herein provided, for the fulfillment of which contract in every particular on its part the good faith and credit of the people of Montana territory is pledged.

SEC. 19. That in case this act shall be ratified and confirmed by the electors of this territory in the manner herein provided, and the said corporation or persons shall signify its or their acceptance of the terms of this act, as herein provided, the said corporation or persons shall construct and fully equip, with all necessary rolling stock, at least one hundred miles of the said road before the first day of January, A. D. 1878; and in case of failure so to do, all right of such corporation under the provisions of this act shall be deemed and held forfeited, and it shall have no further claim upon this territory for any bonds herein provided for; and if any one year shall thereafter elapse without one hundred additional miles thereof shall be completed and equipped, or if the said road shall not be wholly completed to its northern terminus before January 1st, 1881, then and in that case the territory shall be absolved from all liability to deliver said bonds not delivered at the time such failure shall take place, and said times limited shall be deemed of the essence of this contract.

SEC. 20. Any county or incorporated city desiring to bridge, grade, or furnish ties for a branch of said road, may, by the duly qualified electors thereof, contribute thereto, upon the proposition and conditional contract entered into therefor, not exceeding two thousand dollars per mile of the distance, which contract shall be made by the city council if of any incorporated city, and by the

board of county commissioners if of a county, which contracts shall be of no validity unless ratified, in the manner provided by such council or board of county commissioners, by the electors of said city or county; and the method of such submission shall, as near as may be practicable, be the same as is provided in this act for the submission hereof; and the duties of county and election officers, as is herein provided, and all the laws applicable to general elections, shall be as applicable to election officers of an incorporated city or of a county, on such elections, as they are to a general election aforesaid, and all the penalties and restrictions thereby imposed shall be applicable to such elections.

SEC. 21. That the propositions made in the foregoing provisions in this act contained, are made upon the hypothesis and presumption that the distance between the said town of Franklin to a point within five miles of the mouth of the Pipestone creek aforesaid, and to the said town of Helena, by the most direct and practicable route, is three hundred and eighty miles; and if the said distance between the points named, by the most direct and practicable route, exceed the said distance, then the parties named in section 1 of this act shall not be required to build the said road beyond a point which shall be three hundred and eighty miles from Franklin, towards the town of Helena aforesaid, by the most direct and practicable route; and if the distance between the points aforesaid shall be less than three hundred and eighty miles, then the sum mentioned in section 2 of this act shall be decreased proportionally, and all the provisions of this act shall be interpreted in accordance herewith. But in no case shall any territorial aid be granted to exceed the sum of one million and seven hundred thousand dollars. SEC. 22. This act shall take effect and be in force from and after

its

passage.

Approved February 16th, 1877.

ROBBERY-REWARDS.

AN ACT to facilitate the conviction of robbers.

Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. The governor shall offer a standing reward of three hundred dollars for the arrest of each person engaged in the robbery of, or in an attempt to rob, any person or persons upon, or having in charge, in whole or in part, any stage coach, wagon, railroad train, or other conveyance, engaged at the time in carrying passengers, or any private conveyance within this territory, the reward to be paid to the person or persons making the arrest, immediately upon the conviction of the person or persons so arrested, but no reward shall be paid except after such conviction. SEC. 2. This act shall take effect from and after its passage. Approved February 16th, 1877.

re

Moneys ceived from sale of town sites by pro

SCHOOLS.

AN ACT for the benefit of common schools.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SECTION 1. That all moneys arising from the sale of town lots under and by virtue of the several acts of the legislative assembly of the territory of Montana relating to town sites, that now is or that may hereafter come into the hands of any probate judge, or the corbate judge to porate authorities of any city or town of this territory, shall be paid into the county treasury of the county for the use and benefit of the common schools of the school district in which such city or town is situated, to be used as provided for in this act.

go to school fund.

Duty of treasurer to transfer such mon

SEC. 2. The county treasurers of the several counties of this territory shall transfer all moneys so paid into said treasury, as provided for in section 1 of this act, or eys to school that may now be in such treasury, derived from said source, to the school fund of the school district in which such town is situated, which shall be paid out on the

fund.

order of the school trustees of such district, as provided for in section 3 of this act; and which said moneys shall be by said treasurer set apart as a special fund for the purpose of building and furnishing school houses, and shall be used for such purpose alone, unless otherwise ordered, as provided for in this act.

SEC. 3. The school trustees of any school district are hereby authorized to draw warrants on said fund named in sections 1 and 2 of this act for the purpose of building and furnishing a school house in such place, in the town or city from the sale of lots out of which such fund arose, as they may designate, which said warrants or orders shall specify the fund on which the same are drawn, and for what purpose drawn.

such fund used for

school pur

poses.

SEC. 4. That said fund may be used for general school purposes, if a majority of the qualified voters of such district shall so elect, and upon the written request of any fifty of the qualified voters of such district, presented to the trustees for such purpose, said trustees shall order an election for such purpose, at which election When said trustees shall prepare the form of the ballot used at general such election, and which election shall be given notice of and conducted as other elections provided for the several school districts under the general school laws of this territory, and that when any warrant is so drawn on said fund for other purposes than the building and furnishing a school house, said warrant shall so specify that it was pursuant to an election held for such purpose. Approved February 15th, 1877.

STENOGRAPHERS.

AN ACT to provide for the employment of stenographers in

the district courts.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SECTION 1. The judge of the district court may appoint, whenever in his judgment it will expedite the