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Judge of dis

trict court

public business, a short-hand reporter, who shall be well skilled in the art and competent to discharge the duties required for the purpose of recording the oral testimony short-hand of witnesses in criminal cases, and in civil cases where either of the parties require it, and such other matter as the judge may direct.

reporter.

Oath of reporter.

Duty of reporter.

Compensation of reporter.

SEC. 2. Such reporter shall take an oath faithfully to perform the duties of his office, which shall be filed in the office of the clerk. He shall attend such sessions of the court as the judge may direct, and may be removed by the judge making the appointment, for misconduct, incapacity, or inattention to duty.

SEC. 3. Such short-hand reporter shall receive compensation as follows: For each day actually employed in court taking testimony, such sum as may be fixed by the judge, not exceeding eight dollars per day, and for making transcripts thereof, for each one hundred and fifty words, fifteen cents. In criminal cases such fees shall be audited and paid out of the county treasury upon a certificate from the judge certifying the amount thereof. In civil cases the fees therefor shall be paid by the party requesting the same, and the amount allowed such reporter shall be taxed as part of the costs.

SEC. 4. This act shall take effect and be in force from and after its passage.

Reports of

SUPREME COURT REPORTS.

AN ACT to provide for publishing the reports of the supreme court of the territory.

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

SECTION 1. That section 3 of the act entitled "An Act to provide for reporting the decisions of the supreme supreme court," approved January 4th, 1872, be amended so that at expense of it will read as follows: "Section 3. The reporter of such volume shall print and bind two hundred copies of

court printed

territory.

such edition at the expense of the territory: Provided, that the same shall be paid for at the rate of six dollars for each volume of six hundred pages, and that each volume of more than six hundred pages shall be paid for at the same rate, and for the number of pages exceeding six hundred, and upon the said reporter leaving at some place in New York a sufficient number of copies to enable said auditor of the territory to send one copy to each state and territory, which place and number shall be designated by said auditor, and depositing a sufficient number of additional copies to make, with the number left, to send to the libraries of the different states and territories, two hundred copies, the said auditor shall issue to the said reporter a warrant for the amount to be found due, as is in this section provided: Provided, That the whole expense of publication of a full volume of such reports shall not exceed the sum of fifteen hundred dollars to the territory."

SEC. 2. The original section 3 of the act to which this is amendatory be and the same is hereby repealed. Approved February 16th, 1877.

Reports for states and territories.

Proviso.

SWINE.

AN ACT in relation to swine.

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

SECTION 1. That hereafter it shall be unlawful for any owner or owners of swine to permit the same to run at large from the first day of April until the first day of November.

SEC. 2. That the owner or owners of swine are hereby prohibited from letting the same run at large at any season of the year in any town or village in this territory with a population of over one hundred and fifty inhabitants; and any swine so found running at large in any such town or village shall, upon complaint

Time limited for swine to run at large.

Not to run at large in any

town or village with

population of

over one hun

dred and fifty

Penalty

act.

for

being made by any citizen, be seized by the sheriff or any constable of the county, and sold in the same manner as now provided by law for the sale of personal property on execution, and the proceeds thereof shall be paid into the common school fund of the county.

SEC. 3. Any person or persons violating the provisviolating this ions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of ten dollars for the first offense, and in an additional sum of twenty dollars for each subsequent offense, and shall be liable in damage to any party injured thereby, to be recovered in any court having competent jurisdiction: to apply to Provided, That the provisions of this act shall not apply to Missoula county.

This act not

Missoula

county.

Fines paid

fund.

SEC. 4. That all fines collected under the provisions into school of this act shall be paid into the county treasury for the use and benefit of the common schools of said county. SEC. 5. That all acts and parts of acts conflicting Acts repealed with the provisions of this act be and the same are hereby repealed.

SEC. 6.

This act shall take effect and be in force

from and after its passage.

Approved February 15th, 1877.

Teachers' in

stitutes to be held annu

ally.

TEACHERS' INSTITUTES.

AN ACT to authorize the holding of county teachers' institutes. Be it enacted by the Legislative Assembly of the Territory of Montana:

SECTION 1. That the county superintendent of common schools in any county in this territory, containing ten or more than ten organized school districts, may, when he believes that the educational interests of his county would be promoted thereby, hold annually a teachers' institute at such time as may be agreed upon between him and the territorial superintendent, and such institute shall continue in session not less than two days

nor more than five days. He shall give at least ten days notice of the time and place of holding such institute by publication in some newspaper published in the county, if there be one, if not, by one written notice to each qualified teacher in the county.

SEC. 2. It shall be the duty of all teachers engaged in the county, and of all persons holding certificates, to attend such institute and participate in the exercises thereof, and all teachers who may have charge of schools at the time of holding the annual institute shall adjourn their schools for the time during which the institute shall be held.

SEC. 3. All teachers who may adjourn school for the purpose of attending any annual institute shall be allowed, the same pay while in actual attendance as when teaching, and the county superintendent shall certify to the number of days attendance of each teacher, and the trustees of the several districts shall count them as so many days lawfully employed.

SEC. 4. The county superintendent of common schools shall provide a building, fuel, lights, stationery, janitor's services, and all things necessary for holding the institute, and shall present an itemized account of such expenses, not to exceed twenty-five dollars, to the board of county commissioners, and it shall be paid from

the school fund of the county.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved February 16th, 1877.

Duty of tend institute

teacher to at

Teacher's pay while attend

to continue

ing institute.

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TERRITORIAL CONVICTS.

AN ACT to create a good time law for the convicts of the territorial

penitentiary.

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

SECTION 1. That every convict who is now or who may hereafter be confined in the territorial penitentiary, and who shall have no infraction of the rules and regulations of the penitentiary or laws of the territory recorded against him, and who performs in a faithful manner the duties assigned to him, in an orderly and peaceable manner, shall be entitled to the diminution of time from his sentence as appears in the following table, for the respective years of his sentence, and pro rata for any part of a year when the sentence is for more or less than a year:

NO. OF YEARS GOOD TIME

OF SENTENCE.

1st

2d

3d

GRANTED.

...

TOTAL GOOD TIME MADE.

year..... 1 month 1 month
year..... 2 months... 3 months.....
year. 3 months... 6 months...
4 months... 10 months..

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TIME TO BE SERVED IF
FULL TIME IS MADE.

11 months........

1 year and 9 months.... 2 years and 6 months... 4th year. 3 years and 2 months... 5th year.....5 months... 1 year and 3 months.. 3 years and 9 months... 6th year..... 6 months 1 year and 9 months.. 4 years and 3 months... 7th year 6 months... 2 years and 3 months... 4 years and 9 months... 8th year.....6 months... 2 years and 9 months... 5 years and 3 months... 9th year..... 6 months... 3 years and 3 months... 5 years and 9 months... 10th year.... 6 months... 3 years and 9 months... 6 years and 3 months... 11th year..... 6 months... 4 years and 3 months... 6 years and 9 months... 12th year.... 6 months... 4 years and 9 months... 7 years and 3 months... 13th year 6 months... 5 years and 3 months... 7 years and 9 months... 14th year..... 6 months... 5 years and 9 months... 8 years and 3 months... 15th year.. ..... 6 months... 6 years and 3 months... 8 years and 9 months... 6 months... 6 years and 9 months... 9 years and 3 months... 17th year..... 6 months... 7 years and 3 months... 9 years and 9 months... 18th year..... 6 months... 7 years and 9 months... 10 years and 3 months... 19th year..... 6 months... 8 years and 3 months... 10 years and 9 months... 20th year..... 6 months... 8 years and 9 months... 11 years and 3 months... 21st year..... 6 months... 9 years and 3 months... 11 years and 9 months... 22d year. 6 months... 9 years and 9 months... 12 years and 3 months... 23d year..... 6 months... 10 years and 3 months... 12 years and 9 months... 24th year..... 6 months... 10 years and 9 months... 13 years and 3 months... 25th year.. 6 months... 11 years and 3 months... 13 years and 9 months...

16th year..

...

SEC. 2. In case any convict shall be guilty of the violation of any of the rules or laws of the penitentiary, or of the territory, as above provided, and has become entitled to any diminution of his sentence by the provisions aforesaid, he shall, for the first offense, forfeit, if he has made so much, two (2) days; for the second offense, four (4)

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