days; for the third offense, eight (8) days; and for the fourth offense, sixteen (16) days, and, in addition thereto, whatever number of days more than one that he is in punishment shall also be forfeited. For more than four offenses the warden shall have the power to deprive him, at his discretion, of any portion or all of the good time that the convict may have earned, but not less than as provided for the fourth offense.

SEC. 3. That whenever any convict is or has been committed under several convictions, with separate sentences, they shall be construed as one continuous sentence under this law in the granting or forfeiting of good time.

SEC. 4. The warden, in computing the diminution of time for those convicts now in the penitentiary, shall allow them the "good time granted," but not the "good time made," for the year or part of a year of their unexpired sentence, the same as if this law had been in effect at the commencement of their sentence.

its

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

Approved February 16th, 1877.

TERRITORIAL CONVICTS.

AN ACT to authorize the governor to contract for the keeping and maintaining of the territorial convicts, in the United States penitentiary at Deer Lodge.

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

SEC. 1. That the governor of the territory is hereby authorized and directed to enter into, make, and execute, on behalf of, and in the name of, the territory, upon such terms as he shall think best, a contract with the authorities of the United States for the keeping, clothing, and maintenance, in the United States penitentiary at Deer Lodge, for a term of years, not to extend beyond August 1st, 1879, of all persons sentenced to confinement in the territorial penitentiary, for offences against the laws of the territory; Provided, that the amount contracted to be paid by the territory shall not exceed the sum of one dollar, United States currency, per day, for keeping, clothing and maintaining each convict.

SEC. 2. Whenever by the terms of such contract payments are to be made by the territory, the warden, or officer of the United States, in charge of the penitentiary, shall make out and deliver to the governor an account of the money due from the territory, specifying the name of each territorial prisoner, and the length of time the territory is charged for such prisoner, and shall certify that such amount is correct, and that the prisoners charged for have been kept in the penitentiary during all the time charged for them, respectively; which account shall be examined by the governor, and if he be satisfied that the same is correct he shall so certify, and upon presentation to, and filing with, the territorial auditor of such account and certificate, the said auditor is hereby authorized and directed to draw his warrant, to the person authorized by the contract to receive payment for the amount due on said account, on the territorial treasury, payable out of any money in the territorial treasury not otherwise appropriated by law, and such warrant shall be paid as other warrants drawn on the treasury.

SEC. 3. The governor is hereby authorized to make such contract as he shall think advantageous to the territory, for the hire or labor of the territorial convicts, for the period of not exceeding two years, or to apply the labor of such prisoners in payment of the amount due the United States for the keeping, clothing, and maintenance of such prisoners.

SEC. 4. Whenever any territorial convict shall be discharged from imprisonment, and shall be destitute of proper and sufficient clothing, and of means to procure the same, the governor is hereby authorized and directed to provide proper and sufficient clothing for such prisoner, upon the certificate of the warden, or other officer in charge of the penitentiary, that the same is necessary: Provided, the cost of such clothing furnished any one prisoner shall not exceed fifteen dollars, and he shall also pay the additional sum of five dollars in money; and upon the filing by the governor, in the office of the territorial auditor, of the certificate of such warden or other officer in charge, and of the governor, that such clothing was necessary and has been furnished, the said auditor is authorized and directed to draw his warrant on the territorial treasury for the amount so expended for clothing in favor of the governor; payable out of any money in the treasury not otherwise appropriated.

SEC. 5. All persons sentenced to imprisonment in the penitentiary under the laws of this territory, shall be confined in the United States penitentiary, at Deer Lodge City, in pursuance of the contract to be made as above provided.

SEC. 6. That the territorial auditor is hereby required to issue territorial warrants for such amounts as may be necessary to pay for such maintenance, clothing, and keeping of such convicts, in United States currency, and the governor and auditor are authorized and required to sell the same at the highest price that can be obtained therefor in United States currercy, and apply the proceeds of such sale to the payment of all sums due, or that may become due the United States under the provisions of this act: Provided, That the territorial auditor shall post a notice conspicuously in his office for twenty days previous to selling such warrants, stating about the amount of United States currency he will require at a given time, and requesting bids for the same, and he shall give notice of such sale to each banker in the territory, by addressing and mailing him a postal card at least ten days before the sale.

SEC. 7. Whenever the word "maintenance" occurs in the preceding sections of this act, it is understood to mean support in sickness as well as health, including all necessary medical attendance and care.

SEC. 8. That the act to regulate and govern the penitentiary at Deer Lodge City, Montana territory, approved May 6th 1873, and all amendments heretofore made to said act, be and the same are hereby repealed.

Approved February 15th, 1877.

TERRITORIAL TREASURER.

AN ACT relating to the duties of the territorial treasurer. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That the territorial treasurer is authorized, and it is hereby made his duty, to transfer any and all surplus moneys which are now or which may accumulate in the sinking fund prior to January 1st, 1878, to the general fund, and apply the same to the

payment of outstanding territorial warrants and the interest due upon the same.

SEC. 2. This act shall take effect and be in force from and after

TREASURERS-TERRITORIAL AND COUNTY.

AN ACT to protect the treasuries of the counties and of the territory of Montana.

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

SECTION 1. It shall be the duty of the county commissioners of the several counties of this territory, at any of their regular meetings, or at such other times as they may select, and not less than twice in each year, to examine the books of the treasurers of their respective counties, and to count the moneys in their possession as such treasurers; and for this purpose it is hereby made the duty of such treasurers in the several counties, whenever thereto requested by the said county commissioners of their counties, or any two of them, to deliver forthwith to said county commissioners said books, and all of them, and to permit an inspection and count of the funds in their hands, and all of them; and if the said books and moneys shall be found by them to be correct, they shall certify the same over their signatures, and the county clerk shall enter the same in the records of the proceedings of the board of county commissioners.

SEC. 2. The governor shall have power, and it is hereby made his duty, to examine the books of the territorial treasurer as often as twice in each year, and at such times as he may select, and to count the funds in the hands of such treasurer; and he shall also examine the books of the territorial auditor; and he shall make

a report of the result of such examination in writing, and file the same with the secretary of the territory.

SEC. 3. It shall be the duty of the secretary of the territory to file and preserve the reports of the governor herein provided for.

SEC. 4. If, at any time, upon the examination of the territorial treasury, it shall appear to the governor that the books of the territorial treasurer do not correspond with the amount of funds on hand, or that the said books do not show the actual condition of said office and the funds on hand; or if it shall appear to him that any funds of the territory have been embezzled or diverted from their proper channel, or in any way or manner expended or taken from the treasury without authority of law; or that there is or has been any culpable negligence by said treasurer in the keeping of said books, or the care or keeping of said public moneys, he is hereby empowered, and it is hereby made his duty, forthwith to take possession of the books, moneys, papers, and other property, of every kind and description, belonging to the territory, or which came to the treasurer's possession by virtue of his said office, and to remove the said treasurer and appoint another in his place, who shall give bonds to the approval of the said governor, and take the oath prescribed by law; which oath shall be taken before some justice of the supreme court, or, in the absence of the said justice, before a probate judge, which oath and bond shall be filed with, and recorded by, the secretary of the territory, and thereupon the governor shall turn over to such treasurer the books, moneys, papers, and other property, and take his receipt therefor; and the governor shall make report of his said doings to the succeeding legislative assembly, and the said treasurer shall hold his office until the close of the next legislative assembly.

SEC. 5. If, at any time, upon the examination of the county treasuries herein provided for, it shall appear to the county commissioners that the books of the county treasurers do not correspond with the amount of funds on hand, or that the said books do not show the actual