the extent of such damage, with exemplary damages, if the same was malicious. And if any such officer or member shall be convicted of the misdemeanor in this section defined, he shall be punished by a fine of not less than ten nor more than five hundred dollars, or may be imprisoned in the county jail not less than ten days nor more than six months, or by both such fine and imprisonment, in the discretion of the court. tion of offenses the under this act: also, district Sec. 4. The district court shall have jurisdiction District court to of the misdemeanor herein defined, and the district have jurisdic judge shall give in charge to the grand jury misdemeanor defined in section one of this act, charge them that they shall diligently enquire and duly present all persons violating the same. and judge to charge Sec. 5. This act shall take effect and be in force from and after its passage. Approved February 11th, 1876. grand jury. CRIMINAL PRACTICE ACT. AN ACT prescribing the jurisdiction of courts in criminal cases. Be it Enacted by the Legislative Assembly of the Territory of Montana: amended. Section 1. That section six of an act entitled "An Act to amend an act to regulate proceedings Section in criminal cases in the courts of justice in the territory of Montana," approved February 13th, 1874, be amended so as to read as follows: District and "Sec. 6. That the district and probate courts shall have concurrent jurisdiction of all misdemeanors for the county in which they shall be qualified to act when the punishment therefor does not exceed probate courts a fine of five hundred dollars, or imprisonment for rent jurisdiesix months in the county jail, or by both such fine classes of misand imprisonment; but nothing in said act shall to have concurtion in certain demeanors. deprive the district court of jurisdiction over such misdemeanor, as the grand jury may, of its own motion, take cognizance of." Sec. 2. This act to take effect and be in force from and after its passage. Approved February 11th, 1876. in open and no adultery to be punished. CRIMES AND PUNISHMENTS. AN ACT in relation to crimes and punishments. Be it Enacted by the Legislative Assembly of the Territory of Montana: Section 1. That if any married woman shall hereafter desert her husband, and live and cohabit with another man, in a state of adultery, she shall, on conviction thereof, be imprisoned in the county jail Persons living of the county where such offense is committed, not torious state of exceeding sixty days. And if any married man shall hereafter desert his wife, and live and cohabit with any other woman in a state of adultery, or if any married man living with his wife, shall keep any other woman and notoriously cohabit with her, in a state of adultery; or if any unmarried man shall live and cohabit with a married woman in a state of adultery, or if any unmarried man shall live and cohabit with an unmarried woman, every person so offending shall, on conviction thereof, be fined in any sum not exceeding three hundred dollars, and be imprisoned in the county jail of the county where such offense is committed, for a period not exceeding six months, and not less than sixty days. Sec. 2. All acts and parts of acts in conflict with this act be, and the same are hereby, repealed. Sec. 3. This act shall take effect and be in force from and after its passage. Approved January 28, 1876. DISEASED ANIMALS. AN ACT in relation to diseased animals. Be it Enacted by the Legislative Assembly of the Territory of Montana: to sheep with ease. Section 1. That all flocks of sheep now, or hereafter, in the territory of Montana, affected with the "scab," or other contagious disease, shall be kept Regulations as secure within some enclosure, or herded not less contagious disthan six miles away from any farm, corral, shed, or other established headquarters where sheep are kept or being herded. And all flocks of sheep affected with the "scab," or other contagious disease, shall be debarred from traveling upon the public highway in the neighborhood of any established headquarters without the owner, agent or shepherd in charge, first giving at least six hours' notice to the owner, agent or shepherd in charge of sheep at such headquarters that he will, at a time specified, pass along such highway with his band of sheep. And such band of sheep shall not be allowed to stop and graze on or adjacent to the highway within six miles of such established headquarters; but they shall be allowed to stop and graze a distance of not more than one-half mile from any public ferry, while engaged in crossing any stream or river: Provided, That any person or persons now or hereafter owning sheep affected with the "scab" or other contagious disease, and having established headquarters prior to the passage of this act for the same, shall be entitled to range such sheep upon the public domain a distance of six miles in any direction from such established headquarters, and shall not be subjected to the penalties prescribed in this bill: Provided, further, that all persons hereafter coming into the territory of Montana, with diseased sheep, and establishing headquarters six miles from any known er of diseased to remove, etc. headquarters, shall enjoy all the rights and privileges guaranteed to prior locators on any of the unclaimed lands within the territory of Montana. Sec. 2. If any owner of such diseased sheep shall neglect or refuse to immediately remove them to Penalty if own some secure enclosure, or herd them away from Sheep neglect such other sheep, as above provided, he shall be liable to be arrested, and upon conviction before a court of competent jurisdiction, shall be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, and shall be liable in full for damages to all parties so injured by such diseased sheep, after due notice of their diseased condition shall have been served upon himself, agent or shepherd in charge of the same. Penalty if own sheep drive same on highway, without notice, etc. Sec. 3. If any owner of sheep affected with the "scab," or other contagious disease, shall knower of diseased ingly cause or permit them to be driven upon any range within six miles of any established headquar ters where sheep are kept or being herded, without having previously given the notice required by section 1 of this act, he shall be liable in full for damages to all parties so injured by such diseased sheep, without any previous notice having been served upon himself, agent or shepherd in charge of the same, relative to the diseased condition of his sheep. Unlawful for with conta Sec. 4. It shall be unlawful for the owner or owners, or for any person or persons having in charge any horse, mule, ass, or horned cattle affected with any contagious disease, to allow said diseased horse, cow, etc., animal or animals to run on the public range. All gious disease, animals so affected with contagious disease shall be at once removed by the owner or owners thereof, or the person or persons in charge of the same, from the public range to some secure inside enclosure, ed, or kept in where contact with other animals by reaching over or through the fence of said enclosure will be im to run at large. Same to be carefully herd enclosure. Person injured imal, by ne owner thereof, course for dam than ages. possible, or shall be strictly herded six miles away from any farm, or from any other stock running at large or being herded. Every person who shall knowingly neglect or refuse to remove, or so enclose, or herd away, from farms or other stock, such diseased animals affected with contagious disease, shall by diseased anbe liable to be arrested, and on conviction before glect of the any court of competent jurisdiction, shall be fined to have rein any sum not less than fifty dollars nor more five hundred dollars, and shall also be liable for damages to the party or parties injured by such dis- Permission giveased animals running at large, after having re- travel on the ceived notice of their diseased condition: Provided, That this act shall not be construed so as to prevent owners of diseased animals from traveling over the main thoroughfares that pass through narrow canons. Sec. 5. This act shall take effect and be in force from and after its passage. Approved February 11, 1876. en the owner to highway. DOWER. AN ACT concerning dower. Be it Enacted by the Legislative Assembly of the Territory of Montana : ed of one-third tate of which was seized at law, Section 1. A widow shall be endowed of the third part of all lands whereof her husband was seized of widow endowan estate of inheritance at any time during the mar- of all real es riage, unless the same shall have been relinquished in husband legal form. Equitable estates shall be subject to the or in equity, or widow's dower, and all real estate of every description, contracted for by the husband during his lifetime, the title to which may be completed after his decease. contracted for. |