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report thereof to the board of county commissioners of his county, so soon as the same shall be received; and the said warrants shall be paid in due course as is provided by law; and the said district court is authorized to make any and all necessary orders for carrying this section into effect as equality and justice may require. Approved February 21, 1879.

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MARKS AND BRANDS.

AN ACT to provide for printing marks and brands.

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

Section I. After the first day of April, A. D. 1879, it shall be the duty of the Territorial Treasurer to cause to be printed, at the expense of the Territory, one Treasurer to thousand copies of a complete list of all marks and brands of record in his office, arranged in alphabetical order, in pamphlet form, which may be on file in his office on the said first day of April, A. D. 1879.

publish list.

How disposed

ed for.

Sec. 2. The treasurer, so soon as the said pamphlets shall be printed, shall furnish the county clerks of each county with fifty copies of the same. The county clerks shall receive said copies, and sell the same to any person applying therefor at the rate of one dollar per copy of and account- and account to, and pay over to, the said treasurer, every three months, for the money received therefor. When any county clerk shall have sold and accounted for the first fifty copies furnished, he may apply to, and receive from the treasurer an additional fifty copies, until the whole of the thousand copies are exhausted. Sec. 3. The auditor shall draw his warrant upon the treasurer for the amount of the expenditure incurred by Expenses, the printing, as herein provided for, upon receiving a bill from the party performing the work, duly certified as correct by the Governor.

how paid.

Sec 4. The treasurer is hereby authorized to expend the sum of sixty dollars, or so much thereof as may be necessary, in procuring engrossed [engraved] copies of the brands placed on record, for publication, and said copies shall remain the property of the Territory, to be used in printing said marks and brands, and the auditor is authorized to issue his warrant for the amount so expended, not to exceed the sum of sixty dollars.

Engraved

brands.

Shall not re

Sec. 5. The recorder of marks and brands shall not record any two like brands, if upon the same place on cord. the animal.

Approved February 21, 1879.

NOTARIES PUBLIC-OATHS.

AN ACT in relation to notaries public.

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

Section I. That the governor, secretary, chief justice, or any associate justice, of the Territory, or the clerk, or deputy clerk, of any district court, under his hand and the seal of said court, or the county clerk and recorder, or his deputy, under his hand and seal of the county, or the clerk of the supreme court, are hereby who may adauthorized to administer oaths of office to notaries public; to notaries. and all oaths of office heretofore administered to notaries public by an officer of the Territory authorized to administer oaths, or any officer of any county, or other municipality therein, is hereby declared valid to all intents and purposes whatsoever.

Approved February 13, 1879.

minister oaths

non-perform

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OFFICERS DUTIES AND PENALTIES.

AN ACT prescribing the duties of certain officers, and prescribing a penalty for non-performance of their duties.

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

Section I, That any district, county, or township officer, whether elected or appointed to such office, who shall fail, or refuse, to perform any duty by law required of him as such officer, shall be guilty of a misdemeanor, and, on conviction, shall be fined in any sum not less Penalty for than fifty nor more than one hundred dollars, and shall ance of duties. be imprisoned in the county jail for a term not more than ninety days, and, upon such conviction, shall not receive any fee whatever for the performance of the duties of his office; and the boards of the commissioners of the several counties are prohibited from auditing or paying such officer any fee, salary, or compensation whatever.

Approved February 21, 1879.

quail unlawful.

QUAILS.

AN ACT to protect quail in the Territory of Montana. Be it enacted by the Legislative Assembly of the Territory of Montana:

Section I. For the next six years after the passage of this act, it shall be unlawful for any person or persons to wilfully kill, or destroy, or caused to be killed, or Destruction of destroyed, in any manner whatever, any quail which are, or may hereafter be, brought, or raised, in this Territory, and upon conviction thereof, any person or persons so convicted shall be fined in any sum not less than five dollars, nor more than twenty-five dollars, for each offense committed.

Sec. 2. That the possession of the dead bodies, or Prima facie any part thereof, of the birds mentioned in this act, by any person or persons, shall be taken as prima facie evi

evidence.

dence that such person or persons are guilty of killing the same.

Sec. 3. This act shall take effect and be in force from and after its passage. Approved February 21, 1879.

RECORDS OF DISTRICT COURTS.

AN ACT to provide for keeping the records of the district courts at county seats of the counties where such courts may be held.

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

Section I. It is hereby made the duty of the clerk of each judicial district of this Territory to appoint a deputy clerk for each county of such judicial district, Deputy clerks where courts are held outside of the county in which to be appointed. such clerk may reside, which deputy shall qualify and give bond as now provided by law.

Sec. 2. It shall be the duty of each deputy clerk of the district court to keep a full and complete record of the proceedings of such district court, in an office to be provided by the county commissioners, at the county seat of the county where such court may be held, in the form and manner provided by law for the keeping of such records and proceedings, which records and all other books and papers required by law to be kept in the office of the clerk of the district court, shall be open for the examination of any person during the usual business hours of each day, Sundays and legal holidays excepted.

Deputy clerks at the county

to keep records

seats.

Sec. 3. Every clerk of the district court in this Territory, who shall fail, or refuse, to appoint a deputy clerk for each county as herein provided, shall be deemed guilty of a misdemeanor, and be fined in any court of not appointing. competent jurisdiction, in any sum not less than five hundred dollars, nor more than one thousand dollars.

Approved February 19, 1879.

Penalty for

Section

amended.

Sale of lands

AN ACT to amend an act providing for the collection of revenue.

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

Section 1. That section thirty-one (31) of an act entitled, "An Act providing for the collection of revenue," approved January 12, 1872, is hereby amended as follows:

Sec. 31. On or before the third Monday of January, in each year, the treasurer is directed to offer at public sale, at the court house in his county, all lands on which for delinquent the taxes levied the preceding, or any previous, year still remain unpaid; but such sale shall not be void if not made till after the day named.

taxon.

Sec. 2.

This act shall take effect and be in force from and after its passage.

Approved February 19, 1879.

Section

repealed.

REVENUE-REPEAL.

AN ACT to repeal section 6 of an act entitled, "An Act to provide for the collection of revenue," approved January 12th, 1872.

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

Section 1. That section 6 of an act entitled “An act to provide for the collection of revenue," approved January 12th, 1872, be, and the same is hereby, repealed. Approved February 19, 1879.

SCHOOL MONEY APPORTIONMENT.

AN ACT to amend section 48 of the Montana school law.

Be it enacted by the Legislative Assembly of the Territory * Montanas

Section 1. All school moneys apportioned by county superintendents of common schools shall be apportioned

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