on the first Monday of September annually thereafter, there shall be elected by the qualified voters of each township, one justice of the peace, and one constable. The powers, jurisdiction and duties of the several justices and constables herein provided for, shall be the same as provided by law.

SEC. 2. Every justice of the peace, after he has received his certificate of election, shall, before entering upon the duties of his office, be required to execute an undertaking to the Territory of Montana, in the penal sum of two thousand dollars, with at least two sufficient sureties, who shall certify the same according to law, which said undertaking shall be approved by the county clerk, and in addition, such justice shall take and subscribe to an oath, or make affirmation to support the Constitution of the United States, and the Organic Act of this Territory, and that he will well and truly perform all the duties which may be required of him by law, and which oath or affirmation shall be indorsed upon his official undertaking, which shall be filed with the county clerk.

SEC. 3 Every constable elected or appointed, after he has received his certificate of election or appointment, shall, before entering upon the duties of his office, be required to execute an undertaking to the Territory of Montana, in the penal sum of two thousand dollars, with two sufficient sureties, and comply with the previous section, as justices of the peace are required by law to do.

SEC. 4. That for the purpose of carrying into effect the provisions of this act, the board of county commissioners heretofore appointed or elected, or who shall hereafter be appointed or elected, shall, on the fifteenth day of March next, assemble at the county seat of their respective counties and proceed to lay off or divide their respective counties into townships and precincts, and appoint three citizens in each precinct to act as judges of election, which election shall be conducted in all things according to law.

SEC. 5. This act shall be in force from and after its passage.

[Approved February 9, 1865.]

Rehealed 170 6.56.

X

Jan 16.72 mend. 167 1285

AN ACT concerning Licenses.

169 56

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

SEC. 1. There shall be levied and collected by the tax collector a license tax as follows: First, For each billiard tabe twenty dol- 16 lars per quarter. Second, From the manager lessee of every o theatre five dollars per day, or fifty dollars per month. Third, For each exhibition of serenaders, opera, or concert singers, dancehouses, hurdy-gurdy houses, minstrels, sleight-of-hand performances, legerdemain, and all other shows and exhibitions, the same payment for license as is required for theatrical performances. Fourth, From each and every insurance company transacting busiDess in this Territory the sum of fifty dollars per year. Fifth, From each pawnbroker fifty dollar per quarter. Sixth, From each keeper of an intelligence ce, or assayer of metals, quartz,

1

or rock, fifteen dollars per quarter. Seventh, Each professional man before practicing auch, all lawyers, dentists, physicians, surgeons, and persons of all other professions, shall pay a license of twenty dollars per annum

SEC. 2. Licenses shall be obtained by the person, private association, or incorporation, doing business in this Territory, engaged in one or more of the following occupations, to wit. In buying or selling foreign or inland bit of exchange, or in loaning money at interest, or in buying or selling notes, bonds, or other evidences of indebtedness of private person, or Territorial, county or city stocks, or indebtedness or stocks of incorporated companies or unincorporated companies, or person or persons, or in buying or selling gold dust, or gold or silver bullion, gold or silver coin, keepers of savings banks, or engaged as common carriers in transmitting or carrying gold dust gold or silver coin or bullion, from one place to another, for hire for profit, or engaged in receiving general or special deposits of gold dust, gold or silver coin or bullion, including all brokers, and shall be divided into five classes, as follows: Those doing business in the aggregate to the amount of two hundred thousand dollars per quarter shall constitute the first class,

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and shall pay a license of one hundred dollars per quarter; those doing business to the amount of one hundred and fifty thousand dollars and less than two hundred thousand dollars per quarter shall constitute the second class, and shall pay license of eighty dollars per quarter; all those doing business to the amount of one hundred thousand dollars per quarter, and less than one hundred and fifty thousand dollars per quarter, shall constitute the third class, and shall pay a license of fifty dollars per quarter; all those doing business to the amount of fifty thousand dollars per quarter, and less than one hundred thousand dollars per quarter, shall constitute the fourth class and shall pay a license of forty dollars per quarter; and all those doing business less than fifty thousand dollars per quarter shall constitute the fifth class and shall pay a license of thirty dollars per quarter. Said amounts are to be paid to the collector of taxes in the county in which the party applying therefor desires to or does transact any or all of the occupations specified herein; and a separate license shall be obtained for each branch or separate house of business in the same county.

SEC. 3. All bankers, or such persons or corporations as are engaged in buying or selling foreign or domestic bills of exchange or drafts, shall be divided into five classe as follows: Those doing business to the amount of five hundred thousand dollars per month shall constitute the first class, and shall pay a license of one hundred dollars per month; and those doing business between the sums of three and five hundred thousand dollars per month shall constitute the second class, and shall pay a license of eighty dollars per month; all those doing business between the sums of two and three hundred thousand dollars per month shall constitute the third class, and shall pay a license of sixty dollars per month, all those doing business between the sums of one and two hundred thousand dollars per month shall constitute the fourth class, and shall pay a license of forty dollars per month; and all persons dong business in any sum less than one hundred thousand dollars per month shall constitute the fifth class, and shall pay a license of thirty dollars per month.

Spc. 4. All keepers of livery stables, keepers of hay-yards or corrals for feeding or keeping stock or selling hay, shall pay a license of fifteen dollars per quarter; and all ranchmen who keep

or herd stock for hire shall pay a license of fifteen dollars per quarter.

Sc. 5. Every person who has a fixed place of business, who may deal in goods, wares, or merchandise, wines or distilled liquors, drugs or medicines, jewelry or wares of precious metals, shall pay a license as follows: Those who are estimated to make average monthly sales of one hundred thousand dollars or more shall constitute the first class; those whose monthly sales are estimated between seventy-five and one hundred thousand dollars shall constitute the second class; those whose monthly sales are estimated between fifty and seventy-five thousand dollars shall/constitute the third class; those whose monthly sales are estimated between forty and fifty thousand dollars shall constitute the fourth class; those whose monthly sales are estimated between thirty and forty thousand dollars shall constitute the fifth class; those whose monthly sales are estimated between twenty and thirty thousand dollars shall constitute the sixth class; those whose monthly sales are estimated between ten and twenty thousand dollars shall constitute the seventh class; those whose estimated monthly sales are between five and ten thousand dollars shall constitute the eighth class; all those whose estimated monthly sales are between three and five thousand dollars shall constitute the ninth class and all those whose estimated monthly sales are less than three thousand dollars shall constitute the tenth class. The first class shall pay a license of one hundred dollars per month; the second class shall pay seventy-five dollars per month; the third class shall pay fifty dollars per month; the fourth class shall pay forty dollars per month; the fifth class shall pay thirty dollars per month; the sixth class shall pay twenty-five dollars per month; the seventh class shall pay twenty dollars per month; the eighth class shall pay fifteen dollars per month; the ninth class shall pay ten dollars per month; and the tenth class shall pay five dollars per month. Provided, That the sales of liquors and wines, licensed under this section, shall not be in less quantities than one gallon, and no license shall be issued for less than three months. All auctioneers shall procure a license, and shall pay therefor the sum of twenty dollars per month. Provided, That no license shall be required for the sale of goods on execution of sheriff's sale under attachment or order of any court. AN persons coming into this Territory with droves of stock for sale shall

pay a license of one dollar for each head of neat cattle, horses, mules, or asses, and thirty cents for each head of sheep or swine so offered for sale.

SE 6. All tavern and innkeepers, and persons who may dispose of any spirituous, malt, or fermented liquors in quantities less than one gallon, shall, before the transaction of any such business, obtain a license, for which they shall pay the sum of fifty dollars per quarter Provided, When such tavern or innkeeper shall not carry on such business within three miles of any incorporated city or town, then the said license shall be fifteen dollars per quarter.

SEC. 7. Every travelling merchant, hawker or pedler, who shall carry a pack or trunk, and shall vend goods, wares, or merchandise, shall pay a license of five dollars per month; and every travelling merchant, hawker or pedler, or dealer in provisions not raised or produced by himself in the Territory, who shall use a wagon or cart drawn by one or more animals, shall pay a license of ten dollars per month; and any person who shall come into the Territory with one or more wagon loads of goods, wares, merchandise, or provisions not raised by himself in this Territory, and offer the same for sale, shall pay a license ten dollars for each wagon so loaded. Provided, Such load foods, wares, merchandise, or provisions does not exceed in value ne thousand dollars; and if said load exceeds one thousand dollars in value, then the person offering the same shall pay one per cent.pon such excess over one thousand dollars.

SEC. 8. All keepers of houses of entertainment, boardinghouses, and innkeepers and tavern keepers, where no intoxicating liquor shall be sold, shall pay a license of ten dollars per quarter.

SEC. 9. Every brewer, or manufacturer of alt or spirituous liquors, fermented liquors, soda water, pop beer, drinks to be put up in bottles, shall pay a license of ten dollars per month.

SEC. 10. Every butcher shall pay a license of five dollars per quarter; and every artist, or keeper of a picture gallery, daguerreotypist ambrotypist, or other artist, shall pay a license of five dollars per month.

Spc. 11. Every person who shall keep any gaming-table, gaming-house, roulette, wheel of fortune, dice, cards, or any games of hance, or hazard-not prohibited by any laws of this Territory