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cast all his votes for one candidate, or distribute them as he may see fit, and the persons having the greatest number of votes shall be trustees; and section five, of chapter XVIII, of “An Act revising, re-enacting and codifying the general and permanent laws of Montana Territory," approved January 12th, 1872, is hereby amended accordingly.

Approved February 21, 1879.

CORRECTING REFERENCES.

AN ACT to correct errors in references to sections of the code of civil

procedure.

References , corrected.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

Section 1. That the following errors in referring to sections in “An Act to provide a code of civil procedure in the Territory of Montana," approved February 16th, 1877, be amended and corrected as follows:

In section 163 of said act, strike out the figures “126" and insert in lieu thereof the figures 168. In section 181 of said act, strike out the figures "137" and insert in lieu thereof the figures 179. In section 184 of said act, strike out the figures “155" and insert in lieu thereof the figures 182.

Approved February 19, 1879.

CRIMES AND PUNISHMENTS,

AN ACT to amend an act concerning crimes and punishments in Mon

tana Territory.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

Section 1. If any person or persons, shall steal, or, with intent to steal, shall take, carry, drive, lead, or

entice away any mare, gelding, stallion, colt, foal or filley, mule or ass, ox, cow, bull, stag, heifer, steer or

calf, being the property of another, of whatever value, Theft of ani- he or they shall be deemed guilty of grand larceny, and

being thereof convicted, shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, and be imprisoned not less than one year nor more than fourteen years, in the Territorial prison, and shall be liable to the person, or persons, whose property is so stolen, for the said property, or the value thereof, and any expenses by him, or them, incurred in endeavoring to make reclamation thereof.

Sec. 2. Any person or persons, who shall buy any mare, gelding, stallion, colt, foal or filley, mule or ass, ox, cow, bull, stag, heifer, steer or calf, that shall have been stolen, knowing the same to have been stolen, or any person, or persons, who shall conceal or receive, any mare, gelding, stallion, colt, foal or filley, mule or ass, ox, cow, bull, stag, heifer, steer or calf, knowing the

or same to have been stolen, with intent thereby to defraud stolen animals, the owner; or if any person shall conceal any horse- or

cattle-thief, knowing him to be such, with intent to prevent his detection or arrest, every person so offending shall be deemed guilty of concealing a felony, and being thereof convicted, shall be punished by a fine of not less than fifty nor more than three hundred dollars, and be imprisoned not less than one year nor more than five years in the Territorial prison.

Sec. 3. That so much of section 72 and section 73

of an act defining crimes and providing penalties thereActa repealed.

for, approved January 12th, 1872, as applies to the property in this act mentioned, shall, as to all offenses hereafter committed, be, and the same is hereby, repealed.

Approved February 19, 1879.

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DISEASED ANIMALS.

AN ACT concerning diseased animals.
Be it enacted by the Legislative Assembly of the Territory

of Montana :

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Section 1. That the owner or owners of, or the person or persons in charge of, any sheep in the Territory of Montana, or which may hereafter be brought or raised within the Territory, which are now, or shall hereafter be, affected with the scab, or any infectious or contagious disease, shall keep the said sheep securely within some inclosure, or shall herd them at a distance of not less than six miles from all farms, corrals, sheds, or other established headquarters, where sheep are kept or are being herded: Provided, That any person or persons

Prescribing owning sheep affected with the scab, or any infectious or ed-heep. contagious disease, who have, prior to the passage of this act, established headquarters, shall be allowed to range such sheep upon the public domain within six miles in any direction of such established headquarters : Provided, They be not allowed to range within three miles of any other headquarters, unless the other headquarters be less than six miles distant, in which case such sheep shall not be herded nearer to the other headquarters than a distance equal to one-half the distance between the two headquarters. Sec. 2.

It shall be unlawful for any person or persons owning sheep affected with the scab, or any infectious or contagious disease, to drive, or permit the same to be driven, upon any public highway, or within the distance of one mile of any such highway, or within six miles of

Where they any farm, corral, shed, or other established headquarters, shall not be where sheep are kept or are being herded.

Sec. 3. It shall be unlawful, after March ist, A. D. 1881, for any owner or owners of sheep affected with the scab, or any contagious or infectious disease, to drive,

Lessening or cause to be driven, or permit such sheep to range a

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greater distance than two miles from his, or their, headquarters.

Sec. 4. Any person owning sheep, or any one in his employ, shall have the right to examine any band of

sheep that shall be driven within six miles of his headMay be exam

quarters, and any person or persons in charge of such sheep shall stop (them) and allow them to be examined, and shall render the necessary assistance in catching and examining them. If the person so in charge of such sheep refuse to render the assistance as above required, he shall be punished as is provided for a violation of the provisions of section two of this act.

Sec. 5. Any person who shall carry, or drive, or cause to be carried or driven, one or more sheep affected with the scab, or any infectious or contagious disease,

into a herd of sheep belonging to another person, or Conveying

shall carry, or caused to be carried, the "parasite” which causes such scab, or disease, and place it where another person is corraling or herding sheep, so that such sheep may become affected thereby, shall be adjudged guilty of a felony, and, upon conviction thereof, shall be confined in the Territorial prison not less than five years nor more than ten years, and be fined in any sum not less than one thousand dollars.

Sec. 6. Any person who shall be convicted of the violation of the provisions of either sections one, two, or three of this act, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than three hundred nor more than six hundred dollars.

Sec. 7. Any person violating any of the provisions of this act shall be liable in damages to any person or persons injured thereby, directly, or indirectly, to be recovered in a civil action in any court of competent jurisdiction.

Sec. 8. One-half of the fine imposed in any action Fines; how prosecuted under the provisions of this act shall be paid disposed of. to the owner of the sheep who shall have, either person

ally or by his employe, prosecuted the action by inform

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ing upon the defendant in said action, and the other part thereof shall be paid into the county treasury for the benefit of the school district of the county where said offense was committed.

Sec. 9. That in all civil actions under the provisions of this act for the recovery of damages, or of any penalty for a violation of any of its provisions, the plaintiff in such action shall be entitled to an attachment against the property of the defendant to secure the payment of any judgment that the plaintiff may recover, and the provisions of the civil practice act of this Territory in relation to attachments, as to the method of obtaining the same, civil action. shall be applicable thereto, and that all attachments proceeding under the provisions of this act shall be governed by the provisions of said practice act, except that the affidavit for the attachment shall only state that the plaintiff has been damaged by the sheep of the defendant, stating the amount of damages sustained. The undertaking for the attachment need only be executed in the same claimed as damages. Sec. 10.

In any criminal action begun under the provisions of this act, the sheriff shall take into his possession, and safely keep, the sheep of the defendant, and hold the same until the termination of the action, as security for the payment of any fine, or penalty, that may be inflicted, unless the defendant shall deliver to the sheriff an undertaking with at least two sufficient sureties in the penal sum of six hundred dollars, conditioned that the defendant will pay all fines, or costs, which may be adjudged against him upon the final determination of the action. Sec. II.

Sections two and three of “An Act in relation to diseased animals," approved February 11, 1876, is hereby repealed.

pealed. Approved February 21, 1879.

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