Papers in the

proceeding deemed pri

ma facie evi

dence.

tion or copies

the clerk of the county designated in the order of the judge allowing the examination, who shall file the same when received. The judge allowing the examination shall file with the clerk the order for the examination, the petition on which the same was granted, with proof of service of the order and notice.

SEC. 668. The petition and order and papers filed by the judge, as provided in section 665, or a certified copy thereof, are prima facie evidence of the facts stated therein to show compliance with the provisions of this chapter.

SEC. 669. If a trial be had between the parties named in the petition as parties expectant, or their successors in interest, or between any parties, wherein it may be material to establish the facts which depositions prove, or tend to prove, upon proof of the death or When deposi insanity of the witnesses, or that they cannot be found, or are unable, by reason of age or other infirmity, to give their testimony, the depositions or copies thereof may be used by either party, subject to all legal objections; but if the parties attended at the examination, no objection to the form of an interrogatory can be made at the trial, unless the same was stated at the examination.

may be used on trial.

SEC. 670. The deposition so taken and read in evidence has the same effect as the oral testimony of the Effect of dep. witness, and no other, and every objection to the witness,

osition.

Who may administer

oaths.

or to the relevancy of any question put to him, or of
any answer given by him, may be made in the same
manner as if he were examined orally at the trial.

CHAPTER VIII.-Administration of Oaths and
Affirmations.

SEC. 671. Every court of this territory, every judge or clerk or deputy clerk of any court, every justice of the peace, and every notary public, county clerk, and every officer authorized to take testimony, or to decide upon evidence in any proceeding, shall have power to administer oaths or affirmations.

SEC. 672. When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremonies of his religion, if there be any such.

SEC. 673. A witness who desires it may, at his option, instead of taking an oath, make his solemn affirmation or declaration by assenting when addressed in the following form:

shall

"You do solemnly affirm that the evidence you give in this issue (or matter) pending between and shall be the truth, the whole truth, and nothing but the truth." Assent to this affirmation shall be made by answer, "I do." A false affirmation or declaration shall be deemed perjury equally with a false oath.

Oath of a per

son not a Christian.

Form of affirmation.

Acts and parts

pealed.

SEC. 674. That Chapters XLI. and LXXX. of an act entitled "An Act revising, re-enacting, and codifying the general and permanent laws of Montana territory," of acts reapproved January 12th, 1872, relating to limitations, and the first six hundred and fifteen sections of an act entitled "An Act to regulate proceedings in civil cases in the courts of justice of the territory of Montana," approved January 12th, 1872, be, and the same is hereby, repealed: Provided, That this act shall not be so construed as to affect any suit or proceeding that may be pending in any court of this territory at the time

this act shall take effect.

Act not to affect pending

actions.

take effect.

SEC. 675. This act shall take effect and be in force on and after the first day of August, one thousand eight When act to hundred and seventy-seven; except Chapter II. of Title XV., and III. of Title VIII., and section 84 of Chapter II. of Title VI., and section 241 of Chapter III. of Title VIII., which shall take effect and be in force from and after its passage.

Approved February 16th, 1877.

Exceptions.

Appointment

of commis

deeds.

Term of

COMMISSIONERS OF DEEDS.

AN ACT to provide for the appointment of commissioners of deeds.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SECTION 1. That the governor of this territory may sioner of appoint and commission in any state or territory of the United States, or Dominion of Canada, one or more commissioners of deeds, to continue in office during the pleasure of the govenor, not exceeding the period of five years, who shall have power to administer oaths and take depositions, and the proof and acknowledgment of deeds, and other instruments, to be used or recorded in this territory.

Powers.

office.

Oath of commissioner.

SEC. 2. Before such commissioner shall proceed to discharge any of the duties of his said appointment, he shall take and subscribe an oath before some officer authorized to administer oaths in the state or territory for which he is appointed, that he will faithfully discharge the duties of his said appointment, which oath, together with an impression of his seal of office, shall be filed in the office of the governor of this territory: Provided, That no Fee for ap commission shall issue until the applicant pays into the territorial treasury the sum of three dollars.

pointment.

SEC. 3. That Chapter XII. of an act entitled "An Act revising, re-enacting, and codifying the general and Act repealed. permanent laws of Montana territory," approved January 12th, 1872, be, and the same is hereby, repealed; but nothing in this act contained shall be so construed as to terminate the office of any commissioner of deeds heretofore appointed by the governor of this territory, before January 1st, 1878, nor until five years shall have expired after the date of his commission.

Proviso.

SEC. 4. This act shall take effect and be in force from and after its passage, and all acts in conflict with this act are hereby repealed.

Approved January 26th, 1877.

CONSOLIDATION OF OFFICES.

AN ACT to consolidate the county offices of Meagher, Choteau,
Jefferson, Gallatin, and Missoula counties.

Be it enacted by the Legislative Assembly of the Territory
of Montana:

SECTION 1. The sheriffs of the counties of Meagher, Choteau, Jefferson, Gallatin, and Missoula, shall be ex officio the assessors of said counties, and shall peform the duties now required by law to be performed by assessors, and shall, before proceeding to assess any property, take and subscribe the oath of office now required to be taken by assessors; and, in addition to his fees as sheriff, shall be entitled to receive not less than one-half nor more than three-fourths of one mill on the assessed value of all property returned by him, subject to all deductions made by the board of equalization: Provided, That the provisions of this bill shall apply to Gallatin county save and except as to the offices of probate judge and county clerk, which offices shall not in any case be consolidated in the said county of Gallatin.

SEC. 2. That the probate judges of said several counties shall by virtue of their said offices be ex officio county clerk and recorder, and, in addition to the duties of said office of probate judge, shall perform the duties of county clerk and recorder, as prescribed by law, and shall, in addition to their fees as probate judge, receive the same fees as are by law allowed to said clerks and recorders for the services as such clerks and recorders; and before entering upon the discharge of their duties, they shall, in addition to their bonds as probate judge, execute the same bond as is now required by law of said clerk and recorder, and take the same oath of office as is now required of such clerk and recorder: Provided, That no compensation shall be allowed the probate judge, except the said fees now prescribed by law for the performance of the duties of probate judge and clerk and recorder.

SEC. 3. The county treasurers of said counties shall

Officer refusing to discharge duties, office deemed vacant.

officers.

be ex officio superintendents of common schools of said counties, and shall perform the duties of such superintendents without other compensation than that allowed by law to county treasurers.

SEC. 4. The refusal of any officer to act as assessor, or as county clerk and recorder, or as superintendent of common schools, shall vacate the office of the sheriff, or probate judge, or treasurer, so refusing to act, which shall be filled as in other cases of vacancy.

SEC. 5. At the next general election to be held in said several counties, there shall be elected a sheriff, who shall be ex officio assessor; a probate judge, who Electi o n of shall be ex officio county clerk and recorder; and a treasurer, who shall be ex officio superintendent of common schools, of said counties, respectively, who shall enter upon the duties of their respective offices as provided for in this act at the time or times now prescribed by law. SEC. 6. This act shall not affect the tenure of office of any officer now holding the office of county assessor, county clerk and recorder, or superintendent of schools, nor with their discharge of the duties thereof, but they officers now may proceed to discharge said duties and hold their said offices to the close of the terms for which they have been

Act not to af

fect tenure of

in office.

elected or appointed, but otherwise this act shall take
effect from and after its passage.
Approved February 16th, 1877.

COUNTY COMMISSIONERS-ELECTION OF.

AN ACT to regulate the election of county commissioners. Be it enacted by the Legislative Assembly of the Territory of Montana:

SECTION 1. At the general election to be held on the 7th day of November, Å. D. 1878, there shall be elected a board of county commissioners composed of three members. The person having: the highest number of votes shall continue in office for six years; the next