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at large cer

SEC. 1193. That the owner or owners of swine are from running hereby prohibited from letting the same run at large, at tain counties. any season of the year, in the counties of Lewis and

Clarke, Gallatin, Missoula, Yellowstone, and Choteau, or in any town or village in any county of this territory having a population of over ten inhabitants.

for violation.

SEC. 1194. Any person or persons violating the proPunishment visions of this chapter shall be deemed guilty of a misde

meanor, and, upon conviction thereof, shall be fined in the sum of ten dollars for the first offense, and in the sum of twenty dollars for each subsequent offense, and shall be liable in damage to any party injured thereby, to be recovered in any court having competent jurisdiction.

[The foregoing act, having been presented to the governor of Montana territory on the eighteenth day of February, 1885, for approval, and not having been returned by him to that house of the legislative Assembly in which it originated within the time prescribed by section 1842, chapter 1, title XXIII, revised statutes of the United States, has become a law without his approval.)


AN ACT to authorize the levy of an additional mill for territorial purposes.

Be it enacted by the Legislative Assembly of the Territory

of Montana:



There shall be levied, annually, by the board tam olewy, what of county commissioners of each county of this territory,

and collected by the county treasurer of such counties, an ad valorem tax on each dollar of assessed valuation,

on all property in this territory subject to taxation, for Amount to be territorial purposes, on each dollar, two mills. The levied in 1885. board of county commissioners of the several counties of

this territory are hereby authorized and required, at their next regular session thereof, to levy one mill in addition to the levy already made for the year 1885.

SEC. 2. All acts and parts of acts, in conflict with this act, are hereby repealed.

Approved March 12, 1885.


AN ACT to amend section 62 of the fifth division of the revised statutes of

Montana, authorizing the territorial auditor to use an engraved fac-simile signature in issuing licenses and tax receipts.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. I. That section 62 of the fifth division of the revised statutes of Montana be and the same is hereby amended to read as follows:


Sec. 62. The territorial auditor shall furnish the col

auditor to furlector of each county with blank licenses and receipts for nish blankoli.

receipts money collected or to be collected, subscribed by himself or his engraved fac-simile signature, taking the col- Auditor may lectors' receipt of the counties [collectors of the counties' use engraved receipt] for the same.


Penalty for

SEC. 2. Whoever, with intent to defraud, uses, utters, or publishes, or attempts to use, utter, or publish, any megally using license or tax receipt authorized to be signed by the ter-nature.

engraved sigritorial auditor by means of a stamp or press engraved with and imprinting a fac-simile of his sign-manual, knowing such signature to have been affixed thereto falsely, and without the authority of the territorial auditor, shall be deemed guilty of forgery, and punished accordingly.

Approved March 12, 1885.


AN ACT to amend section 1219 of chapter 67 of the fifth division of the revised


Be it enacted by the Legislative Assembly of the Territory

of Montana:

SEC. I. That section 1219 of chapter 67 of the fifth division of the revised statutes be amended to read as follows:

SEC. 1219. For the purpose of raising funds to defray the expense incurred in entering, surveying, and platting

Cost of sur


said town site, the citizens petitioning for the same, as vey to be de: provided in section 1205 of this chapter, shall deposit county treasur.- with the county treasurer, prior to the time of filing of

such petition, á sum of money sufficient to defray the expenses thereof: Provided, that, after a sufficient sum of money has been realized out of the sale of any lots sold by the probate judge or corporate authorities to defray such expenses, the money so deposited with the county treasurer shall be by him refunded to such petitioners.


Approved March 5, 1885.


AN ACT to amend section 11 of an act entitled "An act to suppress and

prevent the dissemination of contagious and infectious diseases among domestic animals and Texas cattle," approved March 10, 1885.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

Qualifications of veterinary surgeons.

SEC. 1.

That section ii of an act entitled “An act to suppress and prevent the dissemination of contagious and infectious diseases among domestic animals and Texas cattle," approved March 10, 1885, be amended by adding thereto the following: Provided, that the first territorial veterinary surgeon appointed in accordance with the provisions of this act need not necessarily be a graduate in good standing of a recognized college of veterinary surgeons, either in the United States, Canada, or Europe, or of any veterinary college whatsoever.

Approved March 12, 1885.


AN ACT relative to water rights.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

Acquired by


That right to the use of running water flowappropriation. ing in the rivers, streams, canyons, and ravines of this

territory, may be acquired by appropriation.

SEC. 2. The appropriation must be for some useful or beneficial

purpose, and when the appropriator or his successor in interest abandons and ceases to use the water for what pur. for such purpose the right ceases; but questions of aban-poses. donment shall be questions of fact, and shall be determined as other questions of fact.

SEC. 3. The person entitled to the use of water may What changes change the place of diversion, if others are not thereby in location. injured, and may extend the ditch, flume, pipe, or aqueduct, by which the diversion is made, to any place other than where the first use was made, and may use the water for other purposes than that for which it was originally appropriated.


SEC. 4. The water appropriated may be turned into the channel of another stream and mingled with its wa- How diverted ters, and then [be] reclaimed; but, in reclaiming it, water already appropriated by another must not be diminished in quantity, or deteriorated in quality.

SEC. 5. As between appropriators, the one first in time is first in right.

Proceeding necessary to acquire.

Sec. 6. Any person hereafter desiring to appropriate water must post a notice in writing in a conspicuous place at the point of intended diversion, stating therein : First, the number of inches claimed, measured as hereinafter provided; second, the purpose for which it is claimed and place of intended use; third, the means of diversion, with size of flume, ditch, pipe, or aqueduct, in which he intends to divert it; fourth, the date of appropriation; fifth, the name of the appropriator. Within twenty days after the date of appropriation the appropriator shall file with the county recorder of the county in which such appropriation is made a notice of appropriation, which, in addition to the facts required to be stated in the posted notice, as hereinbefore prescribed, shall contain the name of the stream from which the diversion is made, if such stream have a name, and if it have not, such a description of the stream as will identify it, and an accurate description of the point of diversion on such stream with reference to some natural object or permanent monument. The recorded notice shall be verified by the affidavit of the appropriator, or some one in his behalf, which

affidavit must state that the matters and things contained in the notice are true.

Sec. 7. Within forty days after posting such notice Duties of ap

the appropriator must proceed to prosecute the excavapropriator. tion or construction of the work by which the water

appropriated is to be diverted, and must prosecute the same with reasonable diligence to completion. If the ditch or flume, when constructed, is inadequate to convey the amount of water claimed in the notice aforesaid, the excess claimed above the capacity of the ditch or fume shall be subject to appropriation by any other person, in accordance with the provisions of this act.

SEC. 8. A failure to comply with the provisions of Rights for this act deprives the appropriator of the right to the use feited, when. of water as against a subsequent claimant who complies

therewith, but by complying with the provisions of this act, the right to the use of the water shall relate back to the date of posting the notice.

SEC. 9. Persons who have heretofore acquired rights Rights, al- to the use of water shall, within six months after the pubready acquired lication of this act, file in the office of the recorder of the how preserved.

county in which the water right is situated a declaration in writing, except notice be already given of record as required by this act, the same facts as required in the notice provided for record in section 6 of this act, such declaration shall be verified as required in section 6 of this act, in cases of notice of appropriation of water: Provided, that a failure to comply with the requirements of this section may in nowise work a forfeiture of such heretofore acquired rights, nor prevent any such claimant from establishing such rights in the courts.

The record provided for in sections 6 and 9 Records to be of this act, when duly made, shall be taken and received reci v ed in

in all the courts of this territory as prima facie evidence of the statements therein contained.

SEC. 1O.


in of law.


In any suit hereafter commenced for the proProceedings tection of rights acquired to water under the laws of this

territory, the plaintiff may make any or all persons who have diverted water from the same stream or source parties to such action, and the court may in one decree settle the relative priorities and rights of all tho parties to

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