general recorder of brands and marks shall annually have published, as an appendix to his report as territorial treasurer, a list of all brands, or marks and brands, which have not been previously published, and cause to be printed, at the expense of the territory, a sufficient number of copies in pamphlet form to furnish each Duties of recounty clerk with twenty-five copies thereof, for free corder. distribution to those engaged in stock-growing. The general recorder may charge and receive, from each person applying for a brand, or mark and brand, a fee of one dollar for each brand, or mark and brand, so recorded, cording. and all fees received by him shall be paid into the terri- Fees for retorial treasury, to the credit of the general fund. The clerk of the supreme court shall, immediately after the approval of this act, deliver to the territorial treasurer all books and papers belonging to said office of general recorder of brands and marks. SEC. 2. That sections 1 and 5 are hereby repealed. SEC. 3. That the territorial treasurer shall keep the books of brands and marks in alphabetical order. Approved February 8th, 1877. CENTENNIAL EXHIBITION. AN ACT with reference to the exhibit of Montana at the national exhibition. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That the exhibit of the territory of Montana, with the cases in which the same are contained, which are now in the possession of the Smithsonian Institute, and which were exhibited by the territory at the national exhibition at Philadelphia in the year 1876, be, and the same are hereby, donated to the United States, to be by them placed on exhibition at the said Smithsonian Institute, or in such other place as congress shall direct. SEC. 2. This act shall take effect and be in force from and after its passage. Approved February 3d, 1877. One form of civil action. Of parties. not in issue. CODE OF CIVIL PROCEDURE. AN ACT to provide a code of civil procedure in the territory of Montana. Be it enacted by the Legislative Assembly of the Territory of Montana: TITLE I. - OF THE FORM OF CIVIL ACTIONS. CHAPTER I. SECTION 1. There shall be in this territory but one form of civil action for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be the same at law and in equity. SEC. 2. In such action the party complaining shall be known as the plaintiff, and the adverse party as the defendant. SEC. 3. When a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the Trial of facts trial may be made, stating distinctly and plainly the question of fact to be tried; and such order shall be the only authority necessary for a trial. TITLE II.-OF THE PARTIES TO CIVIL ACTIONS. SEC. 4. Every action shall be prosecuted in the name Real party in of the real party in interest, except as otherwise provided in this act. interest to sue Action by assignee. Suit by exec SEC. 5. In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defense existing at the time of, or before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration before due. SEC. 6. An executor or administrator, or trustee of an Or express trust, or a person expressly authorized by statute, may sue without joining with him the person or persons utor, administrator, trustee. for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another. SEC. 7. When a married woman is a party her husband must join with her, except First. When the action concerns her separate property, Of suits where or her right or claim to the homestead property, she may a married wosue alone. Second. When the action is between herself and husband, she may sue or be sued alone. Third. When she is living separate and apart from her husband, she may sue or be sued alone. manisa party to defend suit SEC. 8. If a husband and wife be sued together, the wife may defend for her own right; and if the husband Right of wife neglect to defend, she may defend for his right also. SEC. 9. When an infant is a party he shall appear by guardian, who may be appointed by the court in which pear by guar the action was prosecuted, or by a judge thereof, or a probate judge. Infant to ap dian when party to suit. SEC. 10. The guardian shall be appointed as follows: First. When the infant is plaintiff, upon the application of the infant, if he be of the age of fourteen of guardian years, or if under that age upon the application of a relative or friend of the infant. Second. When the infant is defendant, upon the application of the infant, if he be of the age of fourteen years, and apply within ten days after the service of the summons; if he be under the age of fourteen, or neglect so to apply, then upon the application of any other party to the action, or of a relative or friend of the infant. SEC. 11. An unmarried female may prosecute, as plaintiff, an action for her own seduction, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor. SEC. 12. A father, or, in case of his death or desertion, the mother, may prosecute, as plaintiff, for the seduction of the daughter, and the guardian for the Appointment for infant when a party. Unmarried female may sue for her seduction. Suit by parent or guardian for seduction of daughter or ward. seduction of the ward, though the daughter or ward be not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there be no loss of service. SEC. 13. A father, or, in case of his death or deserAction for in- tion of his family, the mother, may maintain an action for the injury or death of a child; and a guardian for the injury or death of his ward. jury to child. death to one not a minor. SEC. 14. Where the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may Of the action tain an action for damages against the person causing for causing the death, or if such person be employed by another person, who is responsible for his action, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case may be just. SEC. 15. All persons having an interest in the submay be ject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except when otherwise provided in this act. Who plaintiffs. as Who may be joined as defendants. Of actions for the posses sion of real property. SEC. 16. Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein. And in an action to determine the title or right of possession to real property which, at the time of the commencement of the action, is in the possession of a tenant, the landlord may be joined as a party defendant. SEC. 17. In an action brought by a person out of possession of real property, to determine an adverse claim of an interest or estate therein, the person making such adverse claim and persons in possession may join as defendants, and if the judgment be for the plaintiff, he may have a writ for the possession of the premises as against the defendants in action against whom the judgment has passed. SEC. 18. Any two or more persons claiming any estate or interest in lands under a common source of title, whether holding as tenants in common, joint tenants, cóparceners, or in severalty, may unite in action against any person claiming an adverse estate or interest therein, for the purpose of determining such adverse claim, or of establishing such common source of title, or of declaring the same to be held in trust, or of removing a cloud upon the same. SEC. 19. Of the parties to the action, those who are united in interest shall be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general interest of many persons, or when the parties are numerous and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all. Joinder of parties liable in severalty. SEC. 20. Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action at the option of the plaintiff. SEC. 21. All persons holding as tenants in common, Rights of parjoint tenants, or coparceners, or any number less than all, may jointly or severally commence or defend any action or proceeding for the enforcement or protection of the rights of such party. civil ties jointly and sever ally. actions. SEC. 22. An action or proceeding does not abate by the death, marriage, or other disability of a party, or by Abatement of the transfer of any interest therein, if the cause of action survive or continue. In case of the death, marriage, or other disability of a party, the court, on motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action or proceeding may be continued in the name of the original |