TRANSPORTATION OF CONVICTS. AN ACT to provide for the transportation of convicts from county jails to the penitentiary. Be it enacted by the Legislative Assembly of the Territory of Montana: Transportation of certain Territory. Section I. That all fees and expenses, as defined by law, accruing to the sheriff of any county in this Territory for transporting prisoners, convicted under the laws convicts paid by of this Territory, from the jail of any county to the Territorial prison, shall be paid by the Territory of Montana, and not by any county thereof, and the Territorial auditor is hereby directed to draw his warrant upon the Territorial treasurer in favor of the sheriff in payment of such fees and expenses, upon any sheriff filing with him his account therefor, which shall state the name of the prison [prisoner] transported, and the county jail Sheriff's acfrom which he was transported, [and the distance necessarily traveled] by such sheriff in transporting such prisoner, which account shall be verified by the oath of such sheriff. Sec. 2. count. That all acts and parts of acts in conflict Repeal of act. herewith be, and the same are hereby, repealed. Sec. 3. This act shall take effect and be in force from and after its passage. Approved February 21, 1879. TRESPASS. AN ACT to prevent the trespassing of animals upon private property. Be it enacted by the Legislative Assembly of the Territory of Montana: Section I. That sections one and two of chapter IV. of "An Act revising, re-enacting and codifying the gen.eral and permanent laws of Montana Territory," approved January 12th, 1872, be amended so as to read as follows: Act amended. Section I. If any horse, mule, jack, jenny, hog, sheep, ΙΟ trespass. Person injured may take up or any kind of neat cattle, shall break into any ground enclosed by a lawful fence, the owner or manager of such Liability for animal shall be liable to the owner of such enclosed premises for all damages sustained by such trespass; and if the trespass be repeated by the neglect of the owner or manager of such animals, he, or she, or they, shall for the second or every subsequent offence or trespass be subject to double the damages of such trespass to the owner of said premises: Provided, The owner, or occupier, of such grounds or crops so damaged and so trespassed upon may take up, and safely keep, at the expense of the owner or owners thereof, after due notice to said owners of such animals, the said animals, or as many of them as may be necessary to cover the damages he may have sustained, for ten days; and before restitution shall be had by the owner or owners of such animals, all damages done by them, as well as the expense of posting and keeping them, shall be paid. Any justice of the peace in the township or precinct shall have jurisdiction. of all such reclamation of animals, together with the damages, expenses of keeping, and posting the same, where the amount claimed does not exceed one hundred dollars. animals. Jurisdiction. Sec. 2. If any owner, or occupier, of any grounds or crops trespassed upon by animals entering upon or breaking into his, or her, or their, enclosures, whether the same be enclosed by a lawful fence or not, shall maim, or materially injure, the animal or animals so injuring animals tresspassing, he, she, or they, shall be liable to the owner or owners of such stock for all damages, and for the costs accruing from a suit for damages, when necessarily resorted to for their recovery. Penalty for Where jointly cultivating. Sec. 3. When two or more persons shall cultivate lands under one enclosure, neither of them shall place, or cause to be placed, any animal on his, her, or their, ground to the injury or damage of the other, or others, but shall be liable for all damages thus sustained by the other, or others; and if repeated, after due notice is given, and for every subsequent repetition, double damages, to be recovered in any court having jurisdiction. Sec. 4. That chapter 4 of "An Act revising, re-enacting and codifying the general and permanent laws of Montana Territory," approved January 12th, 1872, concerning the tresspassing of animals on private property, be, and the same is hereby, repealed. Approved February 19, 1879. Chapter repealed. UNLAWFUL INTERFERENCE. AN ACT to prevent unlawful interference with private rights and private property. Be it enacted by the Legislative Assembly of the Territory of Montana: Penalty for private rights. Section 1. Every person who by force, or fraud, or by threats, or intimidation, either by words, or writing, or actions, or exhibition of force, shall prevent, or interfere with, or hinder, or delay, any contractor, mechanic, laborer, workman, or employee, in the performance of any lawful contract, work, labor or employment, for any person or company, or upon any terms, or at any price, or wages, to which such contractor, interfering with mechanic, laborer, workman, or employee, may have agreed, or for which he may desire to work, or labor, or contract, shall be deemed guilty of felony, and on conviction thereof shall be punished by fine of not less than one hundred or more than five hundred dollars, or by imprisonment in the Territorial prison for a term of not less than one or more than three years, or by both such fine and imprisonment. Sec. 2. Every person who by force, or fraud, or by threats of injury to person or property, or intimidation, either by words, or writings, or actions, or exhibition of force, or otherwise, and without authority of law, shall prevent, or interfere with, or hinder, or delay, any person, ing with private company, or corporation, in the lawful use, or working, property. interfer or enjoyment, or control, of any mining claim, mill, works, machinery, or other property, or in the lawful management, direction and control of any workman, or employee, of such person, company, or corporation, or in the working, or performance by such person, company, or corporation, of any lawful contract or agreement for hiring, or work, or labor, or other services, shall be guilty of a felony, and on conviction shall be punished as prescribed in section I of this act. Sec. 3. Every person who shall knowingly aid, abet, assist, advise, or encourage, any other person or persons to commit any of the offences mentioned in this act, and For aiding or every person who, knowing any of such offences to abetting said of- have been committed, shall assist or aid the offender in escaping arrest, or trial, shall be guilty of felony, and, on conviction, shall be punished as provided in section I of this act. ences. For conspir Sec. 4. Every person who shall associate himself with or join any one or more persons with the intent, or for the purpose, of committing any of the offences mentioned in this act, or of aiding, abetting, assisting, achieving, or encouraging any other person or persons to commit such offences, or any of them, or of preventing the arrest, or trial, of such person, or persons, who have ing to commit [committed] or may commit such offences, or any of them, shall be deemed guilty of a conspiracy, and on conviction shall be punished by fine of not less than one hundred dollars, or more than five hundred dollars, or by imprisonment in the county jail not less than three nor more than twelve months, or by both such fine and imprisonment. them. Sec. 5. Every person who shall attempt to commit any of the offences mentioned in this act, although the ing to commit same be not actually committed, shall be punished as provided in section 4 of this act. For attempt them. Sec. 6. This act shall take effect and be in full force from and after its passage. Approved February 21, 1879. SPECIAL LAWS. AN ACT to incorporate the town of Butte. Be it enacted by the Legislative Assembly of the Territory of Montana : ARTICLE I.-OF BOUNDARIES. Section I. That the inhabitants of the city of Butte, in Deer Lodge county, Territory of Montana, be, and they are hereby, constituted a body politic and corporate, by the name and style of "The City of Butte," and by that name shall have perpetual succession; may sue and be sued, plead and be impleaded, in all courts of law and equity, and may have and use a common seal, and alter the same at pleasure. Sec. 2. That the following described territory shall for the present compose the said town, to-wit: Beginning at a post from which the corner to sections 7, 12, 13, and 18 on the east boundary of township No. 3, N. R. 8 west bears north 46°, 15′ east, 19.18 chains distant; thence west 42.3i chains to a post; thence south 40.00 chains to a post; thence east 34.34 chains to a post; thence 19.50 chains to a post; thence east 8.16 chains to a post; thence north 27.50 chains to the place of beginning, containing an area of 183 83-100 acres. Sec. 3. Whenever any tract of land, adjoining the city of Butte, shall be laid off into town lots, and duly recorded, as may be required by law, the same may, by the city council, be annexed to and become a part of the city of Butte. Sec. 4. The inhabitants of said city, by the name and style. aforesaid, shall have power to purchase, receive and hold property, both real and personal, or mixed, either in or beyond the city for burial grounds, and for other purposes, for the use of the inhabitants of said city. ARTICLE II.-OF THE CITY COUNCIL. Section I. There shall be a city council, to consist of a mayor and board of aldermen. |