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by both such fine and imprisonment, one-half of such fine to be paid to the informer, and one-half to the county treasurer of the county where such fine is recovered.

SEC. 5. This act shall take effect sixty days after its

final passage.

Approved March 12, 1885.

PERSONAL PROPERTY-CLAIM AND DELIVERY.

AN ACT to amend sections 155 and 739 of the first division of the revised

statutes of M

Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. I.

That section 155, chapter 2, of the first division of the revised statutes be, and the same is hereby amended as follows:

be made

SEC. 155. When a delivery is claimed, an affidavit Afidavits to shall be made by the plaintiff, or some one in his behalf, stating

First. That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof.

Second. That the property is wrongfully detained by the defendant.

Third. That the same has not been taken for a tax, assessment, or fine pursuant to a statute, or seized under an execution or an attachment against the property of the plaintiff, or if so seized, that it is by the statute exempt from seizure. And

Fourth. The actual value of the property.

SEC. 2. That section 739 of the first division of the revised statutes of Montana be amended to read as follows:

SEC. 739. When a delivery is claimed, an affidavit shall be made by the plaintiff, or some one in his behalf, showing

First. That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof.

Second. That the property is wrongfully detained by the defendant.

Third. That the same has not been taken for a tax, assessment, or fine pursuant to a statute, or seized under an attachment or execution against the property of the plaintiff, or if so seized, that it is by statute exempt from such seizure. And

Fourth. The actual value of the property.

Approved March 5, 1885.

POACHING-GUNNING.

AN ACT to prevent persons from hunting or shooting within the enclosures

of others without leave.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

Poaching prohibited.

SEC. I.

That it shall be unlawful for any person or persons to hunt with gun or dog within the enclosed grounds or lands of another, or to shoot into or upon such enclosed grounds or lands, without first obtaining from the owner, agent, or occupant of such enclosed grounds or lands, his, her, or their permission so to do.

SEC. 2. Any person or persons, violating the provisPenalty for :

violation.

ions of section I of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be fined in a sum not less than five dollars nor more than one hundred dollars, or imprisoned in the county jail not more than three months, or by both such fine and imprisonment.

Sec. 3.

This act shall take effect from and after its

passage.

Approved February 27, 1885.

POOR TAX.

AN ACT to amend sections 455 and 1021 of the fifth division of the revised

statutes of Montana.

Be it enacted by the Legislative Assembly of the Territory

of Montana:

SEC. I. That sections 455 and 1021 of the fifth division of the revised statutes be amended so as to read as follows:

SEC. 455. It shall be the duty of assessors to enter

Assessors, upon all assessment lists returned by them the special poor tax now required by law, and they shall be entitled to receive thereon the same compensation allowed them for the assessment of property in their county, but for Compensation the collection of the special poor tax of persons who pay no property tax they shall be entitled to receive ten per cent thereof.

for collection.

SEC. 1021. In addition to the tax required to be levied by the provisions of this article there shall be levied by the board of county commissioners of each county, at the same time the ad valorem tax is levied by them, a liable to pay.

Poll tax, who tax of two dollars upon each male inhabitant of this territory, over the age of twenty-one years. Such tax shall be denominated a “poor tax," and the money collected thereon shall be set apart by the board of county commissioners as a fund exclusively for the support and maintenance of the poor of each county. It shall be the How collected. duty of the assessors of the several districts to collect the said poor tax in

money, and in the manner provided for in this article for the collection of taxes, except that said taxes shall be collected and payable at any time after the same are levied. For the purpose of collecting said poor taxes it shall be the duty of the board of commissioners of each county to provide blank printed receipts for such receipts to be poor tax, which shall have proper stubs, with memorandum of names, amount, and date attached ; and such

Printed

the Assessor

furnished assessors.

blanks.

blank receipts, or so many as may be necessary, shall be delivered by the clerk of said board of commissioners to the several assessors at the same time when the blank

to assessment lists are furnished to them; and each assessor beceipt for shall receipt to the clerk for the number of blanks of poor

tax receipts respectively received by him. The assessor

shall give the proper receipt for each poor tax collected Assessor to by him, and make the proper memorandum on the correport and pay responding stub; and he shall on the first Monday in received each month pay over to the county treasurer all moneys monthly.

collected by him during the preceding month, and take the treasurer's receipt therefor, and return to the board of commissioners, at each of their regular sessions, or at

any other time when required by the board, all stubs of Assessor to receipts given, all blank receipts still on hand, and the

com- receipts of the treasurer for the money paid him; and miertelyn e re the board shall compare the number of blanks received quarterly, oftener if re- by such assessor with his stubs and blanks on hand, and quested so to

ascertain if they tally, and also if the money collected has been paid to the county treasurer; and, if the same be found correct, the assessor shall deliver up his remaining blank receipts, and therefor, the clerk shall give the assessor, on the order of the board, a certificate of such

settlement of such assessor with the board. The assesperformance of sor shall be liable on his official bond for the non-perduties.

formance of his duties in collecting said poor tax, and for

the money collected therefor by him; and the board of Additional

county commissioners shall have power, if they deem it may be necessary, to require any assessor to give additional bond required.

for performing his duties and paying over money collected on said poor tax, in such sum as they shall designate.

settle with county

or

do.

Assessor liable for non

bond

Approved March 12, 1885.

PRISONERS, BOARD OF.

AN ACT to amend an act to regulate the fees of sheriffs for board of prisoners,

approved February 10, 1881.

Be it enacted by the Legislative Assembly of the Territory

of Montana: SEC. I.

That the above recited act be so amended as to read as follows:

oners, compen

for to sheriffs.

SEC. 2.

The fees allowed sheriffs of the several counties of this territory for the board of prisoners confined Board of prisin jail, under their charge, shall be such as the county sation commissioners may deem a reasonable compensation therefor, not to exceed the sum of seventy-five cents per day for each prisoner when there is a less number than five; when there are five, or over that number, sixty cents per day.

[The foregoing act, having been presented to the governor of Montana territory on the eighteenth day of February, 1885, for approval, and not having been returned by him to that house of the legislative assembly in which it originated within the time prescribed by section 1842, chapter 1, title XXIII, revised statutes of the United States, has become a law without his approval.)

PRISONERS-TRANSPORTATION.

AN ACT to amend section 586, chapter 22, of fifth division, revised statutes of

the territory of Montana.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. I.

That section 586 of the above-recited act be so amended to read as follows:

Transportation of prison

Per diem.

a

To file

an

SEC. 586. For the transportation of persons convicted of a violation of the laws of the territory, and sentenced to confinement in the penitentiary, the sheriff, or other ers, compensa person appointed by the court for the purpose, shall, for for. said service, receive a per diem of five dollars for the time necessarily employed, and his or their actual reasonable and necessary expenses. The said sheriff, or other Expenses. person, shall file a detailed statement, under oath, show ing the amount actually paid as such expenses, the time employed in such service, the name of the prisoner trans-itemized stateported, the county jail from whence the prisoner or pris- penses, under oners were transported, and the distance necessarily traveled, and shall accompany his account with vouchers for all sums paid out by him for stage or railroad fare, or team, at the usual rates for himself, his prisoner or prisoners, and guard or guards who are actually and neces- Compensation sarily employed by him. The pay of each guard shall ofreuard or esnot exceed three dollars per day, and ordinary traveling expenses, which the sheriff shall include in his account. The sheriff may, if necessary, employ one guard for every

of

ex

oath

.

cort

Number of guards limited,

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