when such poor person shall be found within such relation, reside in the county or not, shall forfeit and pay to the county, for the use of the poor of their county, the sum of thirty dollars per month, to be recovered in the name of the county commissioners for the use of the poor aforesaid, before any justice of the peace, or any court having jurisdiction: Provided, That when any person becomes a pauper from intemperance or other bad conduct, he shall not be entitled to any support, except parent or child.

SEC. 3. The children shall be first called on to support their parents, if there be children of sufficient ability; if there be none, the parents of such poor person shall be next called on, and if there be no parents or children of sufficient ability, the brothers and sisters shall be next called on, and if there be no brothers and sisters, the grandchildren of such poor person shall be called on, and then the grandparents; but married females, while their husbands live, shall not be liable to a suit.

SEC. 4. When any poor persons shall not have rentions in any county in this Territory, as are named in the preceding ections, or such relations shall not be of sufficient ability, or shall fail or refuse to maintain such pauper, then the said pauper shall receive such relief as the case may require out of the county treasury; and the county commissioners may either make a contract for the necessary maintenance of the poor, or appoint such agents as they may deem necessary to oversee and provide for the same.

SEC. 5. When any minor or other person shall become, or be likely to become chargeable to the county, either because of being an orphan, or because the parents or other relations as aforesaid are unable or refuse to support such minor, it shall be the duty of the county commissioners to bind such minor as an apprentice to some respectable householder of the county by written indenture, which shall bind such minor to serve as an apprentice, and shall in all respects be to the tenor and effect as required in the act concerning apprentices.

SEC. 6. When any non-resident or any other person not coming within the definition of a pauper, shall fall sick in any county in this Territory, not having money or property to pay his board, nursing, or medical attendance, it shall be the duty of the commissioners of the proper county, on complaint being made, to give or order to be given, such assistance to such person as they may deem

just and necessary; and if such sick person shall die, then the said commissioners shall order to be given to such person decent burial; and the said commissioners shall make such allowance for board, nursing and medical attendance, or burial expenses, as they may deem just and equitable, and order the same to be paid out of the county treasury.

SEC. 7. When the application is made by any pauper, to the board of county commissioners of any county in this Territory, for relief, it shall be necessary for said commissioners to require of said pauper satisfactory evidence that he has been a resident of the county for two months immediately preceding the day upon which such application is made.

SEC. 8. When application is made by any pauper to the board of county commissioners as aforesaid, it shall appear to the satisfaction of said board that the person so applying for relief has resided in said county for two months, he shall be entitled to all the relief provided by this act; but if on examination it shall appear that said pauper is a resident of some other county of this Territory, the commissioners shall, at the expense of the county, cause said pauper to be removed to the county of which he is a resident, or may, if they think best, issue a notice directed to some constable of the county, which said constable shall serve forthwith on said pauper, requiring him to depart forthwith from the county, and after so serving said notice by reading the same to said pauper, said constable shall within five days thereafter return the same to the clerk of the board of county commissioners issuing the same, noting the time and manner of service.

SEC. 9. After service of such notice aforesaid, no pauper shall be entitled to relief from such county, unless the county commissioners deem it absolutely necessary.

SEC. 10. The board of county commissioners of any county in this Territory may, if they think proper, cause to be built or provided in their respective counties, workhouses for the accommodation and employment of such paupers as may from time to time become a county charge; and such workhouses and paupers shall be under such rules and regulations as the county commissioners may deem just and proper.

SEC. 11. This act shall take effect and be in force from and after its passage and approval by the governor.

[Approved February 9, 1865.]

AN ACT relating to Forms.

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

That the following forms may be substantially followed, varying the forms to suit the case:

FORM OF INFORMATION.

TERRITORY OF MONTANA,

County of

day of

The complaint and information of H. B., of said county, made before C. D., a justice of the peace in and for said county, on the 18- who being duly sworn, on his own has been committed in the and that one E. F. committed the same, or say

oath, says that the crime of

county of

that he has just and reasonable grounds to suspect that one E. F. hath committed the same.

Subscribed and sworn to before me,

C. D., a Justice of the Peace.

FORM OF A WARRANT.

TERRITORY OF Montana,

County of

SS.

In the name and by the authority of the Territory of Montana: It appearing that E. F. has committed the crime of, in the county of , you are therefore commanded forthwith to arrest E. F. and bring him before me, or some other magistrate of said county, to be dealt with according to law.

A. B., Justice of the Peace.

FORM OF AN ORDER THEREON WHEN SUCH WARRANT IS TO BE EXECUTED BY A PERSON THEREIN NAMED. ▾

It is ordered that

named in the within warrant,

,

A. B., Justice of the Peace.

be hereby authorized to execute the same.

In the name and by the authority of the Territory of Montana : To the keeper of the common jail of said county: Receive to your custody and safely keep for further examination E. F., who is charged before me with having committed the offence of Given under my hand this

day of

18

A. B., Justice of the Peace.

FORM OF AN ORDER TO BRING UP A PRISONER FOR EXAMINATION. TERRITORY OF MONTANA,

County of

SS.

In the name and by the authority of the Territory of Montana: To the keeper of the common jail of said county: You are hereby commanded to bring E. F., a prisoner in your custody, to my office in --, in said county, for further examination.

In the name and by the authority of the Territory of Montana: To any sheriff or constable of said county: You are hereby commanded to summon

to be and appear

before me at

day of

my office in said county forthwith (or on the inst., at

o'clock) to testify the truth in behalf of the plaintiff (or defendent) on the examination of the charge against E. F. of having committed the offence of

Given under my hand this

day of

18.

A. B., Justice of the Peace.

FORM OF AN OATH OF WITNESSES ON THE EXAMINATION.

You do solemnly swear that the evidence you shall give between the Territory of Montana and E. F., touching the charge exhibited against him now in hearing, shall be the truth, the whole truth, as shall answer to God.

you

FORM OF AFFIRMATION.

You do solemnly, sincerely, and truly declare and affirm that the evidence you shall give between the Territory of Montana and E. F., touching the charge exhibited against him now on trial, shall be the truth, and nothing but the truth, and this you do under the pains and penalties that may ensue thereon.

Be it remembered that on the

H. K. and J. S., of

18

county, Territory of Montana, appeared personally before me, A. B., a justice of the peace of county, and severally acknowledged themselves jointly

indebted to the Territory of Montana in the sum of

dol

lars, to be made and levied of their respective goods, chattels, lands, and tenements, to be void, however, if the said E. F. shall personally appear at the next term of the district court of

county, on the first day thereof (if the recognizance be taken in term time, then it must require the party to appear on some day of the term, to be herein designated) to answer to an indictment preferred against him for the offence of and to do and re

ceive what shall be by said court then and there enjoined upon him, and shall not depart from the said court without leave. Witness our signatures this day of

18.

H. K.

J. S.

Taken, subscribed, and acknowledged before me the day and the year first above written.

A. B., Justice of the peace.

of the county aforesaid, appeared before me, a justice of the peace of said county, and acknowledged himself indebted to the Territory