Time of meeting of the biennial session LEGISLATIVE ASSEMBLY. AN ACT to fix the time of holding the regular sessions of the future legislative assemblies of Montana territory. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That the regular sessions of the legislative assembly of this territory shall be held at the capital, and the next regular session thereof shall commence at 12 o'clock M. on the second Monday of January, A. of the legis D. 1879, and said sessions shall be held biennially thereafter, commencing at 12 o'clock M. on the second Monday of Jannary of each year upon which said sessions are to be held under the provisions of this act. lature. SEC. 2. All acts and parts of acts in conflict with this act be and the same are hereby repealed. Approved February 16th, 1877. License tax for mer chants, jewgists, &c. elers, drug LICENSES. AN ACT to amend "An Act concerning licenses," approved Be it enacted by the Legislative Assembly of the Territory 1873, be amended so as to Every person who has a may deal in goods, wares, SECTION 1. That section 5 of "An Act concerning licenses," approved May 8th, read as follows: "SEC. 5. fixed place of business, who or merchandise, wines or liquors, drugs or medicines, jewelry, or wares of precious metals, or who shall expose the same for sale, shall pay a license as follows: Those whose sales are ten thousand dollars or more per month shall constitute the first class, and shall pay a license of fifty dollars per quarter; those whose sales are five thousand dollars and under ten thousand per month shall constitute the second class, and shall pay a license of thirty dollars per quarter; those whose sales are two thousand dollars and under five thousand ter; dollars per month shall constitute the third class, and shall pay a liceense of twenty dollars per quarter; and those whose sales are one thousand and under two thousand dollars per month shall constitute the fourth class, and shall pay a license of fifteen dollars per quarand those whose sales are five hundred dollars and under one thousand dollars per month shall constitute the fifth class, and shall pay a license of ten dollars per quarter; and those whose sales are under five hundred dollars per month shall constitute the sixth class, and shall pay a license of five dollars per quarter: Provided, The sales of liquors or wines licensed in this section shall not be in less quantities than one quart." Proviso. License tax for hawker and peddler. SEC. 2. That section 9 of said act be so amended as to read as follows: "SEC. 9. That every traveling merchant, hawker, or peddler, who shall carry a pack or trunk, and shall sell goods, wares, or merchandise, shall pay a license of five dollars per quarter; if he travel with wagon or other vehicle and sell goods, wares, or merchandise, he shall pay a license of twenty dollars per quarter for each wagon or vehicle; if he travel with a pack animal and sell goods, wares, or merchandise, he shall pay a license of fifteen dollars per quarter for such pack animal: Provided, That no license shall be required to be paid by any person who sells any produc- Proviso. tion of this territory, raised or manufactured by himself." SEC. 3. That all persons who may hereafter come into this territory, and who shall take orders for the sale of any goods, wares, or merchandise, to be delivered after such orders, or shall sell, or offer to sell, any goods, wares, or merchandise, by sample, such persons being commonly known as traveling commercial agents, shall, before carrying on any such business, pay a license therefor of ten dollars per quarter in each county where such business may be transacted. SEC. 4. That section 17 of said act be amended so as to read as follows: "SEC. 17. Every person who License tax for commering agents. cial or travel License tax for lotteries. No fee al lowed treas urer for issu ing license. shall carry on the gift lottery or prize distribution business within this territory, shall pay a license therefor of fifty dollars per quarter: Provided, That no fee shall be collected by any county treasurer in this territory for granting or issuing any license, in any case whatever, under the provisions of this act, or the act to which this is amendatory, any law heretofore passed to the contrary notwithstanding." SEC. 5. That this act take effect and be in force from and after its passage. Approved February 16th, 1877. Penalty for branding property of another. Right of own er to sue. Stock not to be driven off its range sent of owner. LIVE STOCK. AN ACT in relation to live stock. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. If any person or persons shall hereafter mark or brand, or cause to be marked or branded, any horse, mule, ox, cow, sheep, swine, or other animal, the property of another person, whether the same be done by mistake or otherwise, such person or persons so marking or branding any such animal, or causing the same to be done, shall pay to the owner of the same three times the value thereof; and any such owner shall have the right to sue in any court of competent jurisdiction, and recover from any such person or persons marking or branding as aforesaid three times the value of the animal so marked or branded. SEC. 2. That any person or persons who shall drive, or cause to be driven, any cattle, horses, mules, sheep, or without con swine, from their customary range, without the permission of the owner or owners thereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof before any justice of the peace in the territory of Montana, may be fined in any sum not less than five nor more than one hundred dollars, or may be imprisoned Penalty for violation of this section. in the county jail for a period not less than ten days nor more than ninety days, or by both such fine and imprisonment, at the discretion of the court. SEC. 3. That if any person or persons shall cut off either or both ears close to the head of any cow, calf, ox, sheep, or swine, he or they shall be deemed guilty of misdemeanor, and, on conviction thereof, shall be fined in any sum not less than five nor more than twenty-five dollars, or by imprisonment in the county jail for a period not less than five nor more than thirty days, at the discretion of the court. SEC. 4. All fines collected under the provisions of this act shall be paid into the common school fund of the county where such offense was committed. Approved February 8th, 1877. LIVE STOCK. AN ACT for the repeal of an act entitled "An Act concerning the management of live stock, and to protect the intersts of stock-growers in the territory of Montana." Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That an act entitled "An Act concerning the management of live stock, and to protect the interests of stock-growers in the territory of Montana," approved Act repealed. February 11th, 1876, be and the same is hereby repealed. SEC. 2. This act shall take effect and be in force from and after its passage. Approved February 8th, 1877. MECHANICS' LEINS. AN ACT to amend Chapter XL. of "An Act revising, re-enacting, and codifying the general and permanent laws of Montana," approved January 12th, 1872. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That the lein given by section 1 of the chapter to which this act is amendatory, shall extend to the lot or land upon which any such building, improvement, or structure is situated, to the extent of one acre, if outside any town or city; or, if within any town or city, then to the extent of the whole lot or lots upon as to land or which the same is situated, if the land belonged to the person who caused said building to be constructed, altered, or repaired; but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien. Extent of lien lots. SEC. 2. All liens for work or labor done, or material furnished, upon the same premises, which shall be filed within thirty days after the filing of the first lien on such premises, shall entitle the holder thereof to share equally, Time of filing pro rata, according to the amount of their respective liens, in the proceeds arising from the sale of such premises upon the foreclosure of such liens. If, after the expiration of thirty days, other liens shall be filed against such premises, then all liens filed within sixty days after the filing holders to of such subsequent lien shall be liens of the second lien. share. Priority of liens. class, and share pro rata in any proceeds arising from the sale of the said premises which may remain after all liens of the first class have been paid. SEC. 3. The liens for work or labor done, or material furnished, as specified in the act to which this is amendatory, shall be prior to, and have precedence over, any mortgage, incumbrance, or other lien made subsequent to the commencement of work on any contract for the erection of such building or other improvement. |