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requirements of the statute in such case made and provided, the real property above described, for the payment of the taxes, interest, and cost then due and remaining unpaid on said property; and whereas, at the time and place aforesaid, A. B., of the county and of having offered to pay the sum dollars and cents, being the whole amount of

of

of

and

of

taxes unpaid on said property (here follows a description of the property sold), which was the least quantity bid for, and payment of such sum having been made by him to the said treasurer, the said property was stricken off to him at that price; and whereas, the said A. B. did, on the — day of -, A. D. 18-, duly assign the certificate of the sale of the property aforesaid, and all his right, title, and interest to said property, to E. F., of the county of ; and whereas, the time of redemption having elapsed since the date of said sale, and the said property has not been redeemed therefrom as provided by law. Now, therefore, I, C. D., — of the county aforesaid, for and in consideration of the sum, to the paid as aforesaid, and by virtue of the statute in such case made and provided, have bargained and sold, and by these presents do grant, bargain, and sell unto the said A. B., his heirs and assigns, the real property last here described. To have and to hold unto him the said A. B., his heirs and assigns forever.

"In witness whereof, I, C. D., authority aforesaid, have hereunto day of, A. D. 18-.

"TERRITORY OF MONTANA,}.

-County.

as aforesaid, by virtue of subscribed my name, on this

C. D.

in and for said county, of said county,

'I hereby certify, that before me,personally appeared the above named C. D., at the date of the execution of the above conveyance, and to me known to be the identical person whose name is affixed to, and who executed the above conveyance, as treasurer of said county, and acknowledged the execution of the same to be his voluntary act and deed as of said county, for the purposes therein

expressed.

"Given under my hand and seal, this - day of

18-."

A. D.

Sec. 43. When, by the mistake or the wrongful act of the county treasurer, land has been sold, the county is to hold the purchaser harmless by paying him the amount of principal and interest to which he would have been entitled had the land been rightfully sold, and the treasurer and his sureties will be liable

for the amount to the county on his bond, or the purchaser may recover directly from the treasurer.

Sec. 44. Each county treasury shall, at the expiration of every three months, render an account of, and cause to be paid over to the territorial treasurer, the amount of all moneys collected for territorial purposes, and shall complete the collection of all lists delivered to him, and, at the expiration of each fiscal year, shall report in person, and make final settlement, and pay over to the territorial treasurer the balance of all moneys collected by him for territorial purposes, for which final report he shall be allowed mileage.

Sec. 45. If any county treasurer shall fail to collect or render his account, as provided in the foregoing section, it shall be the duty of the territorial treasurer, and he is hereby authorized and required, to commence proceedings for a forfeiture of his bond, and if such treasurer should fail or refuse to prosecute them, any tax-payer in the territory may commence such prosecution; that the first day of December of each year shall be the end of the fiscal year for county purposes, and the county treasurer shall, before retiring from office, settle in full with the county commissioners and the territorial auditor and treasurer.

Sec. 46. The treasurer of each county in this territory shall be, by virtue of his office, collector of taxes therein, except of the poor tax and the dog tax, as herein before provided, and shall perform such other duties as are, or may be hereafter, prescribed by law.

Sec. 47. The treasurer shall sell any and all personal property, or so much thereof as may be necessary, that may be seized by him for the non-payment of taxes, at public sale, conducted openly, and shall be sold after notice, published as required by law for the sale of personal property under execution.

Sec. 48. The provisions herein made for assessment districts, and district assessors of the counties, and for assessments by such district assessor shall not apply or be in force until provision shall be made by law for the election or appointment and qualification of such district assessor, but the assessor of the several counties, as now provided for by law, shall make the assessment in their respective counties for the year 1872, in accordance with the provisions of this act, and shall perform for their respective counties the same duties herein prescribed for district assessor for their respective districts.

Sec. 49. The act entitled "An act for the collection of revenue," approved February 6, 1865, and the act entitled "An act providing for the collection of revenue," approved January 15, 1869, and an act passed at the sixth session of the legislative assembly, entitled "An act to amend an act entitled' An act providing for the collection of revenue,'" approved January 15, 1869, and all

acts and parts of acts in conflict with the provisions of this act be, and the same are, hereby repealed.

Sec. 50. This act to take effect from and after its passage.
Approved January 12, 1872.

CHAPTER LXXXVI.

REVENUE DISTRICTS.

AN ACT to divide the counties of this territory into revenue districts and provide for the election of officers therein.

Section 1. It shall be the duty of the county commissioners of each county, on or before the first day of July, A. D., eighteen hundred and seventy-two, to divide their respective counties into not less than three nor more than ten revenue districts, to be so divided that the labor of taking the assessment and valuation of the property therein shall be divided as nearly equal as practicable, and that the division lines thereof shall conform to natural divisions and legal subdivisions established by government surveys, as near as may be, and shall also conform to the boundary lines of voting precincts, and such districts shall be designated by numbers.

Sec. 2. There shall be elected in each district, at the next general election, one assessor, who shall hold his office for two years and until his successor is elected and qualified.

Sec. 3. The county commissioners shall give notice of the formation of such districts on the first day of July, eighteen hundred and seventy-two, or as soon thereafter as practicable, in some newspaper published in the county, for four weeks successively, but, if no newspaper be published in the county, then by posting a written notice in some public place in each district, and one on the door of the court house in the county, setting forth the boundaries of such district and the number thereof.

Sec. 4. Each district assessor shall give bond previous to entering upon the duties of his office, in a sum not less than two thousand dollars, or more if the commissioners so elect, with two or more sufficient sureties, conditioned for the faithful performance of his duties according to law and to the satisfaction of the county commissioners, and shall subscribe and take an oath of office, which shall be endorsed on such bond. The bond must be approved by the commissioners, and shall be deposited with the county clerk. Said assessor shall take the oath of office on or be fore the second Monday after his election, and if the county clerk receive no notice of the qualification of such assessors, or any one

of them, on or before the first Monday of December in such year, the office shall be declared vacant, or if there be a failure to elect by the people, or if there shall be at any time, or from any cause, a vacancy in the office of district assessor, or if the assessor of any district, having qualified, shall fail to proceed to the discharge of the duties of his office before the second Monday of February in each year, the county commissioners shall forthwith appoint one or more suitable persons, residents of the county, to discharge the duties of the assessor in such districts, who shall, thereupon, take the necessary oath of office, give the same bond, perform the same duties, be entitled to the same fees, and subject to the same liabilities as in case of assessors elected by the people.

Sec. 5. This act shall take effect and be in force from and after its passage.

Approved January 10, 1872.

CHAPTER LXXXVII.

SECRETARY OF TERRITORY.

AN ACT concerning certain powers, duties, and fees of the secretary of the territory.

Section 1. That the secretary of the territory of Montana be, and is hereby, authorized and empowered to take the acknowledgment of deeds and other instruments of writing, and to administer all oaths of office and other oaths, required to be taken by any person before entering upon the discharge of the duties of any office, appointment, place, or business, or any other lawful occasion, and to take affidavits and depositions concerning any matter or thing, process or proceeding, depending or to be commenced, in any court, or before any justice of the peace, or on any occasion wherein such affidavits or depositions are authorized or required by law to be taken; and for the rendition of any service by virtue of the authority and power above given, the said secretary shall be entitled to the same fees that are, or, by law, may be, allowed to the clerk of the supreme court of the territory for similar services.

Sec. 2. The secretary of the territory shall, when required by any person or persons so to do, make out copies of all laws, acts, memorials, or resolutions appertaining to his office, or in his custody, and shall attach thereto his certificate, under the seal of the territory, and for which he shall be entitled to such fees and compensation as are provided in this act.

Sec. 3. All commissions required to be issued by the governor

shall be countersigned by the secretary of the territory, who shall affix the territorial seal thereto.

Sec. 4. Copies of all bonds, papers, writings, and documents legally deposited in the office of the governor or in the office of the secretary of the territory, and authenticated by the seal of his office, shall be received in evidence in the same manner and with like effect as the original.

Sec. 5. The fees of the secretary of the territory shall be as follows: For copy of any law, act, resolution, or other writing, for each one hundred words, twenty-five cents; for each certificate, with seal, when not required for public use, two dollars and fifty cents; for copies or exemplification of records, for each one hundred words, twenty-five cents; for affixing seal of office, with certificate of authentication, two dollars and fifty cents; for official signature and seal of office, without certificate, one dollar; for filing and approving each official bond, three dollars; for each commission issued to a notary public, three dollars; and for every commission issued to any other officer of the territory, three dollars; for the receiving and filing and the custody of each certificate of incorporation required to be filed in his office, under the provisions of any general or special law, two dollars and fifty cents; for recording all instruments of writing which he may be required to do, he shall receive, for each one hundred words, twenty-five cents; for filing each paper required to be filed in his office, twenty-five cents.

Sec. 6. This act shall take effect and be in force from and after its passage.

Approved January 12, 1872.

CHAPTER LXXXVIII.

COMMON SCHOOLS.

AN ACT to provide for a system of common schools.

OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

Section 1. A superintendent of public instruction shall be appointed by the governor, by and with the advice and consent of the legislative council, and shall enter upon the duties of his office on or before the twentieth day after his appointment, and shall hold office for the term of two years, or until his succesor is appointed and qualified; and shall execute a bond in the penal sum of two

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