Proviso.

the provisions of this act, shall be deprived of his right to appear before the proper board of equalization as other taxpayers under existing laws.

Approved February 21, 1879.

Territorial

ernor to con

maintenance.

TERRITORIAL CONVICTS.

AN ACT to authorize the Governor to contract for the keeping and maintenance of the Territorial convicts in the United States penitentiary at Deer Lodge.

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

Section I. 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, convicts; gov- upon such terms as he shall think best, a contract with tract for their 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 the first day of August, 1881, of all persons sentenced to confinement in the Territorial penitentiary for offenses against the laws of the Territory: Provided, Limitation of That the amount contracted to be paid by the Territory shall not exceed the sum of one dollar per day, for keeping, clothing, and maintaining each convict; and within ninety days before the time when such contract shall expire, the governor may renew the same, on terms alike advantageous to the Territory, for the further period of not exceeding two years, unless otherwise prohibited by law.

amount

Power to re

new.

Where con

Sec. 2. All persons sentenced to imprisonment in the penitentiary under the laws of this Territory shall victs shall be be confined in the United States penitentiary at Deer Lodge, in pursuance of the contract to be made as above provided.

kept.

Sec. 3. It shall be the duty of the warden, or the officer of the United States in charge, of the penitentiary,

to render

ac

to make out and deliver to the governor an account of Warden; how the money due from the Territory, specifying the name counts. 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 is 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, said auditor shall proceed to provide for the payment of said account as provided in section 4 of this act.

Account: how audited.

Sale of war

contractor.

Sec. 4. That the Territorial auditor is hereby required to issue Territorial warrants for such amounts as may be necessary to pay for the maintenance, clothing, and keeping and, in case of death, the necessary expenses of rants to pay burial of such convicts, and the governor and auditor are authorized and required to sell the same at the highest price that can be obtained therefor, 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, It shall be the duty of the Territorial auditor, previous to selling said Territorial warrants, to cause to be published in a newspaper published at the seat of government of this Territory, at to be published. least four consecutive weeks before such sale, a notice thereof specifying the amounts of warrants to be sold, and the time and place of such sale.

Notice of sale

Governor may

Sec. 5. 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, and to apply the proceeds of the labor of such prisoners in payment contract for of the amount due the United States for the keeping, bor. clothing, and maintenance of such prisoners: Provided, That the governor may make provision in such contract that the warden, or other officer of the United States

prisoners to la

to warden.

having charge and control of said Territorial prison, may Compensation retain not to exceed 30 per cent. of such proceeds, as compensation for his services in keeping, and rendering, accounts of such labor, and accounting to the treasurer therefor.

Indigent discharged con. victs to have

Sec. 6. Whenever any Territorial convict shall be discharged from imprisonment, and shall be destitute of clothing. 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.

And money.

Reimburse

ment.

Sec. 7.

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

The word

defined.

Approved February 20, 1879.

TERRITORIAL OFFICERS-REPORTS.

AN ACT requiring certain officers to report.

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

Section I. That on the first day of January of each year hereafter, it shall be the duty of the Territorial

Auditor's and

auditor to cause to be published not less than six hund- Treasurer's: red, nor more than one thousand, copies of the auditor's number. and treasurer's reports to the governor, for the preceding year, in pamphlet form.

intendents'.

Sec. 2. Each county superintendent of common schools shall, on or before the fifteenth day of December of each year, report to the Territorial superintendent of public instruction the number of school census scholars County Superbetween the ages of four and twenty-one years, and the number of children under the age of four years, for the current year, and the amount of school moneys collected from all sources for the fiscal year ending on the first day [of] December, instant.

Territorial Su

Sec. 3. The Territorial superintendent of public instruction shall report annually-biennially to the Legislative Assembly, and on the first day of January, 1880, perintendent's. and on each alternate year thereafter to the governorand such report shall contain an abstract of the supplemental reports of county superintendents required to be made by this act.

Sec. 4. The Territorial superintendent of public instruction shall cause to be published not less than five. hundred copies of said report, nor more than seven hundred copies, in pamphlet form.

Number.

Sec. 5. The Territorial auditor shall draw his warrant on the Territorial treasurer in payment for the printing Payment for done under the provisions of this act, in accordance with the provisions of the printing law.

Sec. 6. Any officer, required to report under the provisions of this act, who shall fail to report as the law directs, shall be deemed guilty of a misdemeanor, and shall be fined in any sum not less than twenty-five dollars, and not more than one hundred dollars, before any court having competent jurisdiction; the proceeds of said fines to be paid into the school fund of the county where such conviction shall be had.

Approved February 21, 1879.

printing.

Penalty for not reporting.

Rate of toll.

for grain and sacks.

TOLL FOR GRINDING GRAIN.

AN ACT fixing the rate of toll for grinding grain.

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

Section 1. That the owner, or occupier, of any grist mill within this Territory shall be entitled to the onesixth part of all the wheat, rye, or other grain ground and bolted, and to the one-eighth part of all rye, malt, buckwheat, corn, barley or peas ground or chopped, only.

Sec. 2. That the owner, or occupier, of every mill aforesaid shall be accountable for the safe keeping of all grain received in said mill for the purpose of being Accountability ground therein, and shall deliver the same when ground, or ground and bolted, (as the case may be) with the bag or bags, sack or sacks, which were delivered in said mill with the grain, to the owner when called for: Provided, That the bag or bags, sack or sacks, left as aforesaid, be distinctly marked with the initials and surname of the owner or owners thereof: Provided, also, That nothing herein contained shall be so construed as to charge, or make accountable, any owner, or occupier, of any mill for the loss of any grain, bag or bags, sack or sacks, which shall happen by robbery, fire, or other accident without the fault or neglect of such owner or occupier, or that of any miller employed by such owner or occupier.

Provisos.

Penalties.

Sec. 3. That if the owner or occupier of any mill, their representative, agent or miller, shall take a greater proportionate quantity of toll than is hereinbefore authorized, and be duly convicted thereof, before any court having jurisdiction of the same, he, or they, shall be fined for every such offense in any sum not exceeding one hundred dollars, at the discretion of the court.

Sec. 4. This act shall take effect and be in force from and after the first day of April, 1879.

Approved February 21, 1879.