manner and on the terms provided in this act: Provided, that none of said bonds shall be executed by the territory, or delivered to any corporation, person or persons, for any purpose whatever, except upon the terms and in the manner provided in this act.

Sec. 2. Such railroad shall be built from the said town of Franklin, along and over the nearest and most practical route by the way of the mouth of the Big Hole river to the mouth of White Tail Deer creek, in the said territory of Montana, and shall be built of good and substantial material, and of a gauge not less than three feet in width, and not more than four feet eight and one-half inches in width. Such railroad shall be finished so that a locomotive and a train of cars can pass over the same from said town of Franklin to the terminus aforesaid within two years from the time that any contract shall be entered into and executed by any company, corporation, or association, under and in accordance with the provisions of this act.

Sec. 3. The bonds that may be issued under the provisions of this act, shall be coupon bonds of the territory of Montana, payable at the city of New York, in the state of New York, twenty years from the date of their issue, and redeemable at any time after ten years from their date, at the pleasure of said territory. Said bonds shall bear interest at the rate of seven per centum per annum, shall be dated on the day of issuance and delivery thereof, and shall draw interest from the date thereof. There shall be attached to each bond a coupon for each installment of interest thereon, and the interest shall be due and payable on the first of January of each year at said city of New York. Said bonds shall be signed by the treasurer and auditor of said Montana territory, and shall be countersigned by the secretary of said territory, and when thus issued shall be deliv

ered by the treasurer of said territory to the person or persons, company, or corporation, or association of persons contracting to construct said railroad, in accordance with the provisions of this act, or to his, its, or their order.

Sec. 4. The bonds herein provided for to be issued by the territory of Montana, shall be procured by the auditor of said territory, and he shall have the same engraved at the lowest possible cost, which shall be paid out of the general fund of said territory, by warrant drawn by said auditor upon the territorial treasury. Said bonds shall be of the denomination of one thousand dollars.

Sec. 5. The railroad herein provided for shall be constructed by the corporation or association of individuals undertaking the same, in two sections, as follows: The first section to extend from the town of Franklin, aforesaid, and terminate on the line of said road at the present southern boundary line of Montana territory. The second section of said road shall commence at the northern terminus of the first section of said road as herein designated, and shall extend to the terminus of said road at the mouth of the White Tail Deer creek aforesaid, and shall be known as section No. 2.

Sec. 6. The corporation or association of individuals who shall accept the terms of this act, and undertake the construction of said railroad under the provisions hereof, shall not be entitled to receive any of the bonds of said territory herein provided for until they shall have constructed and placed in good running order, with full equipment of engines and roiling stock, section number one of said road. And when the said corporation or association of individuals, undertaking the construction of said line of road, shall have completed said section number one and equipped the same with sufficient engines and rolling stock, and shall desire to receive a por

tion of the aid hereby guaranteed, they shall make application for the same to the governor of the territory in writing, who, upon receiving such written application, shall at once designate three commissioners, who shall be citizens of the territory of Montana, disinterested, impartial men, whose duty it shall be to go, at the expense of said railroad corporation or association of individuals, and examine and measure that portion of said line of railroad which may be completed, and make report in writing, under oath, of the result of their examination; and if they shall find on such examination that said road, as constructed, complies with the requirements of this act, they shall so state in their report to the gov

ernor.

Sec. 7. Upon receiving the report of said commissioners, made to the governor under oath, that the said corporation or association of individuals have complied with the provisions of this act, and have completed section number one of said road, and equipped the same as required by this act, the governor shall immediately thereafter make his order on the territorial auditor for one-half of the bonds by this act authorized to be issued, and shall deliver the same to the agent or representative of said railroad corporation or association of individuals, which order shall be accompanied by a copy of the report of said commissioners, and which order and copy of report shall be delivered to the auditor, who shall preserve the same in the files of his office. The order of the governor upon the auditor shall direct him to execute and deliver to the treasurer of the territory the amount of the bonds herein provided for. The bonds so delivered by said auditor to said treasurer of the territory shall, after thirty days notice, to be published by said treasurer in two or more newspapers published in this territory, be by the latter officer delivered over to

the said corporation or its authorized agent, the said territorial treasurer taking duplicate receipts therefor, one of which shall be preserved by him and the other shall be delivered to the auditor, who shall preserve the same in the files of his office.

Sec. 8. And thereafter, when the said corporation or association of individuals shall have completed the second section of said road, they may apply to the governor for the remaining half of the aid hereby given in bonds as herein provided, and such application shall be made in the manner provided in the preceding section, and commissioners shall be appointed and first make a report as is above provided. Their duties shal! be the same and their report made in the same manner, and as provided for in the preceding section of this act; and that thereupon there shall be issued and delivered to the said corporation, in the same manner as heretofore provided, bonds as herein provided, equal in amount to one-half of the aid by this act given.

Sec. 9. The county commissioners of the several counties, after having received notice from the secretary of the territory of the passage of this act, as hereinafter provided, shall, and it is hereby made the duty of said county commissioners, on the third day of April, A. D. 1876, to cause to be submitted to the qualified electors of their respective counties the propositions herein contained for their approval or rejection; and if a majority of the electors of the territory, at such elections, shall by their votes approve of this act, such fact shall be entered at large upon the journals of their respective counties.

Sec. 10. The county commissioners of the several counties shall give notice of the election herein provided for by publication in one or more newspapers published within such county at least twenty days before the election; or, if no paper be published therein, the same shall be published in one

or more newspapers published in the territory most. likely to give general notice.

Sec. 11. At the election herein provided for, the ballots or votes shall contain the words, "north and south railroad aid, yes ;" or "north and south railroad, no." and the same rules, regulations, liabilities and penalties prescribed for the conduct of other elections, and the liability of officers thereof, and electors within this territory, shall be observed and enforced at the election herein provided for; and the judges of 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 five days after the same shall have been counted and certified; and the said county commissioners shall, within ten days thereafter, forward a correct abstract of the votes cast on said proposition at such election, to the secretary 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 exceeding $10,000, and be imprisoned in the county jail not less than six nor more than ten months.

Sec. 12. The votes that are cast upon the proposition herein contained, after the same shall have been abstracted by the county commissioners of the several counties, and such abstracts shall have been forwarded to the secretary as aforesaid, shall be-canvassed in the same manner that the vote for delegate to congress is canvassed under the existing laws.

Sec. 13. If a majority of the votes cast upon the question hereby submitted, shall approve of this act, it shall be the duty of the secretary of the territory to announce such fact through one or more news