SEC. 18. And be it further enacted, That until congress shall otherwise direct, all that part of the territory of Idaho included within the following boundaries, to wit: Commencing at a point formed by the intersection of the thirty-third degree of longitude west from Washington with the forty-first degree of north latitude; thence along said thirty third degree of longitude to the crest of the Rocky Mountains; thence northward along the said crest of the Rocky Mountains to its intersection with the fortyfourth degree and thirty minutes of north latitude; thence eastward along said forty-fourth degree thirty minutes north latitude to the thirty-fourth degree of longitude west from Washington; thence northward along said thirty-fourth degree of longitude to its intersection with the forty-fifth degree north latitude; thence eastward along said forty fifth degree of north latitude to its intersection with the twenty-seventh degree of longitude west from Washington; thence south along said twenty-seventh degree of longitude west from Washington to the forty-first degree north latitude; thence west along said forty-first degree north latitude. to the place of beginning, shall be, and is hereby, incorporated temporarily into, and made part of, the territory of Dakota. Approved May 26, 1864.

AN ACT amendatory of "An Act to provide a temporary government for the territory of Montana," approved May 26, 1864.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the legislative assemblies of the several territories of the United States shall not, after the passage of this act, grant private charters or special privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing, and other industrial pursuits.

SEC. 2. And be it further enacted, That the probate courts of the territory of Montana, in their respective counties, in addition to their probate jurisdiction, are hereby authorized to hear and determine civil causes wherein the damage or debt claimed does not exceed five hundred dollars, and such criminal cases arising under the laws of the territory as do not require the intervention

of a grand jury: Provided, That they shall not have jurisdiction in any matter in controversy when the title or right to the peaceable possession of land may be in dispute or chancery, or divorce causes; And provided further, That in all cases an appeal may be taken from any order, judgment, or decree of said probate

court to the district court.

SEC. 3. And be it further enacted, That the chief justice and associate justices of said territory and the territory of Idaho shall each receive an annual salary of thirty-five hundred dollars.

SEC. 4. And be it further enacted, That the judges of the supreme court of said territory, or a majority of them, shall, when assembled at the seat of government of said territory, define the judicial districts of said territory, and assign the judges who may be appointed for said territory to the several districts, and shall also fix and appoint the times and places for holding the courts in the several counties or sub-divisions in each of said judicial districts, and alter the times and places of holding the courts as to them shall seem proper and convenient, but not less than two terms shall be held at each place of holding court each year.

SEC. 5. And be it further enacted, That for the purpose of reviving the legislative functions of the territory of Montana, which have been adjudged therein to have lapsed, the governor of said territory be, and he is hereby, authorized, on or before the first day of July, eighteen hundred and sixty-seven, to divide said territory into legislative districts for the election of members of the council and house of representatives, and to apportion among said districts the number of members of the legislative assembly provided for in the Organic Act of said territory, and the election of said members of the legislative assembly shall be held at such time and shall be conducted in the manner prescribed by the legislative assembly of said territory at the session thereof, begun and holden at the city of Bannock, in eighteen hundred and sixty-four and eighteen hundred and sixty-five, and the qualifications of voters shall be the same as that prescribed by said Organic Act, saving and excepting the distinction therein made on account of race or color, and the legislative assembly, so elected, shall convene at the time prescribed by said legislative assembly at the session last aforesaid. The apportionment provided for in this section shall be based upon such an enumeration of the qualified electors of the said several legislative districts as shall appear from the election returns in the office of the secretary of said territory, and from such other sources of information. as will enable the governor, without taking a new census, to make an apportionment which shall fairly represent the people of the several districts in both houses of the legislative assembly, but the legislature may at any time change the legislative districts of the territory as fixed by the governor.

SEC. 6. And be it further enacted, That all acts passed at the two sessions of the so-called legislative assembly of the territory of Montana, held in eighteen hundred and sixty-six, are hereby disapproved and declared null and void, except such acts as the legislative assembly herein authorized to be elected, shall by special act, in each case, re-enact: Provided, however, That in all the claims of vested rights thereunder, the party claiming the same shall not, by reason of anything in this section contained, be precluded from making and testing said claim in the courts of said territory: And provided further, That no legislation or pretended legislation in said territory since the adjournment of the first legislative assembly shall be deemed valid until the election of the legislative assembly herein provided for shall take place.

SEC. 7. And be it further enacted, That from and after the first day of April next, the salary of each of the judges of the several supreme courts in each of the organized territories (except Montana and Idaho) shall be two thousand five hundred dollars. SEC. 8. And be it further enacted, That all acts and parts of acts inconsistent with this act are hereby repealed.

Approved March 2, 1867.

REVISED STATUTES

OF THE

TERRITORY OF MONTANA.

CIVIL PRACTICE ACT.

TITLE I.

AN ACT to regulate proceedings in civil cases in the courts of justice of the territory of Montana.

OF CIVIL ACTIONS AND PARTIES THERETO.

Sec. 1. One form of civil action only.

Sec. 2. Parties-how designated.

Sec. 3. Questions of fact not put in issue by pleadings-how tried.

Sec. 4. Real party in interest to sue.

Sec. 5. Action by assignee of thing in action.

Sec. 6. Action by executor, administrator, or trustee.

Sec. 7. Actions by and against married women.

Sec. 8. Separate defence of married women.

Sec. 9. Infants-actions by and against.
Sec. 10. Guaraian-how appointed.

Sec. 11. Injury or death of child—action for.
Sec. 12. Plaintiffs-who may be.

Sec. 13. Defendants—who may be.

Sec. 14. Parties-joinder of.

Sec. 15. Joint and several liability.

Sec. 16. Actions—when not to abate.

Sec. 17. New parties-when brought in.

Sec. 18. Any party interested may interplead.

Sec. 19. Defendant may apply to have other person substituted.

Sec. 20. Successive actions of same contract.

Sec. 21. Consolidation of actions.

Sec. 22. Adverse claims—actions to determine.

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 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.

Sec. 4. Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in this act.

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 defence 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 express trust, or a person expressly authorized by statute, may sue without joining with him the person or persons 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 shall be joined with her, except that: First. When the action concerns her separate property she may sue alone. Second. When the action is between herself and her husband she may sue or be sued alone.

Sec. 8. If a husband and wife be sued together, the wife may defend for her own right.

Sec. 9. When an infant is a party he shall appear by guardian, who may be appointed by the court in which the action was prosecuted, or by a judge thereof, or a probate judge.

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 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 applica