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after such notice; to be recovered by civil action by any person having a right to the use of such surplus water.

Approved February 21, 1879.


AN ACT in relation to insane convicts.

Be it enacted by the Legislative Assembly of the Territory

of Montana :



Section 1. Whenever it shall appear that a Territorial convict, who is serving a term of imprisonment in the United States penitentiary at Deer Lodge, or other prisons where Territorial convicts are confined, is insane, the warden, or other officer in charge of such penitentiary or prison, shall certify the fact to the probate judge of the county in which such penitentiary or prison is located. The said judge shall thereupon cause the said convict to be brought before him, at such time and place as he may direct, and the said judge shall, also, cause to How insanity appear, at the same time and place, a jury of three citizens of his county, one of whom shall be a licensed practicing physician, who shall proceed to examine the person said to be insane; and, if such jury, after careful examination, shall certify, upon oath, that the charge is correct, such judge shall make out duplicate warrants reciting such facts, and place them in the hands of the sheriff of said county, who shall immediately, in compliance therewith, convey the person therein named and asylum. ,

. deliver him to the contractor for the custody, maintenance and treatment of insane persons, at the place designated; and such contractor shall acknowledge, by

Receipt to be endorsement in writing upon each of said warrants, the given. delivery of such persons therein described to him, and the date thereof; and such sheriff shall return one of said warrants to the officer issuing the same, and forward

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the other to the Governor of the Territory, who shall file and preserve the same.,

Sec. 2. If, at any time during the period for which such convict was sentenced, it shall appear to such contractor that he is restored to reason, and is of sound

mind, he shall notify the sheriff of the county in which restored to rea- such penitentiary or prison is located, who shall there

upon convey and deliver him to the warden, or other officer in charge, of such penitentiary or prison, and such convict shall be confined for the remainder of the term for which he was sentenced.

For the services required by this act, the probate judge and sheriff shall receive the fees that are provided by sections 16 and 17 of chapter 31 of the Laws of Montana, approved January 12th, 1872.

Approved February 21, 1879.

Sec. 3.



AN ACT concerning fire insurance companies and agents.
Be it enacted by the Legislative Assembly of the Territory

of Montana :

Section 1. That it shall be unlawful for any fire inMinimum limit of capital.

surance association, company, corporation or partnership, incorporated by, or under, or organized pursuant to, the laws of any foreign government, State, or Territory of the United States, other than the Territory of Montana, directly or indirectly, to take any risks or transact any business of fire insurance in this Territory, unless possessed of an actual capital of two hundred thousand dollars; and any such company, association or corporation, desiring to transact any business as aforesaid in, or relating to the property of, this Territory, by agent

or agents, within this Territory, or otherwise, shall first Resident agent required. appoint an agent or attorney within this Territory, who

shall be [a] resident, or residents, thereof, on whom

Service of pro

process of law can be served; which appointment shall Written ap

pointment; be in writing and under the seal of such company or where filed. corporation, and shall fully authorize such person to appear as the agent, or attorney, of such company, or corporation, in all suits commenced against such company, or corporation, in this Territory, until another agent, or attorney, shall be appointed for that purpose, which written instrument shall be filed in the office of [the] Auditor of this Territory, and by him recorded and preserved; and when so filed such appointment shall continue until another agent, or attorney, shall be substituted as aforesaid; and any process issued by virtue of the laws of this Territory, from any court in this Territory, and served upon such agent, or attorney, by the proper ceder officer, authorized to serve such process, shall be deemed a sufficient and personal service upon such company, or corporation, and shall bind the same to all intents and purposes as though served upon the officers of said company in this Territory; but such service may be made in any other manner provided by law.

And every such company, association, or corporation, shall file a certified copy of their act of incorporation, articles of association, charter, or deed of settlement, together with a statement under the oath of the president, secretary, a trustee or manager of such company, or corporation, with the auditor of the Territory, which statement shall state the name of the company, or corporation, the place where located, the amount of its capital, with a detailed statement of its assets, encumbrances and liabilities, including all claims against Certified copy, the company; also a copy of the last annual report of before Aug. 1st, the company, or corporation, which statement shall, after the first year, be renewed annually on or before the first day of January of each year; and no insurance agent in this Territory shall, after the first day of August, 1879, transact any insurance business within this Territory, for or on behalf of any insurance [company or corporation) who shall not have complied with the pro

Sec. 2.


etc., to be filed


Certificate from Auditor

visions of this act, and received a certificate from the auditor of this Territory, as hereinafter provided.

Sec 3. It shall not be lawful for any agent for any such company to transact any business until he shall first procure a certificate from the auditor of the Territory, stating that such company has complied with this act applying to such company, that the said company is solvent, as appears from the evidence in his office, [and] the name of the attorney appointed by the company, for which certificate the auditor may receive one dollar for the use of the Territory.

Sec. 4. Every fire insurance company, before transLicense, from acting any fire insurance business within this Territory, or whom procured. soliciting or taking any risk, or effecting or issuing any

policy, upon any property in this Territory, from and after May the first, 1879, shall procure a license to transact such business from the treasurer of the county in which its business shall be carried on, and


therefor to fire depart

at the rate of seven dollars and fifty cents per quarter, or forty dollars per annum; and all moneys received for

1 such licenses shall be applied to the maintenance of the fire department of the town or city where such business shall be carried on, if there shall be such fire department there established; if not, then such moneys shall go [to] the general fund of such county.

Sec. 5. Any violation of any provisions of this act

shall subject the person violating the same to a penalty Penalty.

of five hundred dollars, to be recovered in a civil action, for the benefit of the Territory of Montana, from any person violating any provisions thereof.

Sec. 6. All acts, and parts of acts, in conflict with Repeal.

this act are hereby repealed.

Approved February 21, 1879.

License money



AN ACT to provide for the payment of certain expenses.

Justices to re

from certain

Be it enacted by the Legislative Assembly of the Territory

of Montana :

Section i. That whenever a court is appointed by the supreme court of the Territory, or the justices thereof, or a majority of them, to be holden in any county of either of the districts of the Territory where causes are not heard which arise under the constitution and laws of the United States, and in which the justice assigned to said district does not reside, it shall be the duty of ceive mileage the board of county commissioners of such county, in counties. which such term is appointed to be held, to pay to the chief justice, or associate justice, so holding said term, mileage, at the rate of twenty cents per mile, in going from his residence to the place where said court is held, and returning therefrom, as his expenses incurred for, and on account of, travel incurred for the benefit of such county, and to cause to be issued to such chief justice, or associate justice, then presiding, a warrant for said amount, to be drawn on the general fund of said county. Sec. 2.

Whenever a term of the district court shall be held in any county in this Territory, and another county is attached to such county for judicial purposes, at the close of each term it shall be the duty of the justice presiding at such term to make an inquiry as to what share of the public expense of such term was incurred for, and on account of, the county or counties so attached, or litigants therefrom, and to apportion the same, and to make an order directing the reimbursement to the county incurring such expense, by the county so attached; and it shall be the duty of the board of county Counties atcommissioners of the attached county to draw their cial purposes to warrants on the treasurer of their county, out of their tion of expenses general fund, payable to the county commissioners of the county incurring said expense, and to forward the same to the treasurer of the county, who shall make

tached for judi

pay their por

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