auditor to ex counts. two prisoners transported by him at the same time from Territorial any county jail to the penitentiary, as provided in this amine a c-act; and the territorial auditor shall examine said account of the sheriff, and if he be satisfied that the same is correct, and that the amount of money charged was actually paid, he may draw his warrant on the territorial treasurer for the same. Approved March 10, 1885. prohibited. PRIZE FIGHTING. AN ACT to punish and suppress prize fighting in the territory of Montana. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. If any person shall engage as principal in any Prize fighting fight or contest commonly called a prize fight, every person so offending shall, on conviction, be imprisoned in the penitentiary, and kept at hard labor, not less than six months, nor more than two years, and pay the costs of prosecution. or Penalty. Participants Penalty. SEC. 2. If any person shall engage, be concerned in, attendants or attend any such fight or contest, as described in the to be punished. first section of this act, as backer, trainer, second, umpire, or assistant, every person so offending shall, on conviction, be fined in any sum not more than one hundred dollars, or be imprisoned in the county jail not less than ten days nor more than three months, or by both fine and imprisonment, in the discretion of the court, and pay the costs of prosecution. Affidavit as prize fight. SEC. 3. If any person shall make affidavit before any to in tended justice of the peace or probate judge that he has reason to believe and does believe that any person or persons have entered into any arrangement or agreement to engage in a prize fight, or that such arrangement or agreement has been entered into by any other person or persons on the part of the persons who are to engage therein; or if any person shall make affidavit that any certain cases. person is in preparation or training for the purpose of engaging in a prize fight, it shall be the duty of the Justice to isjustice or judge before whom such affidavit is made to sue warrant in issue a warrant for the arrest of the person or persons named in the affidavit, and upon the hearing, if the court is satisfied of the truth of the charge made in the affidavit, it shall require the person or persons charged to make an oath that he will not engage in any prize fight in this territory, or to enter into a recognizance in not Recognizance less than one thousand dollars, with two sufficient sure- to be entered ties, to be approved by the justice or judge, that he will not engage in any prize fight for the period of one year from the date of the recognizance. The person or per- refusing to ensons failing or refusing to take said oath or enter into ter into recogsaid recognizance, shall be committed to the county jail for three months, or until he will take said oath or enter into the recognizance mentioned. into. Penalty for nizance. forfeiture of re SEC. 4. If any person taking the oath mentioned in, Penalty for the preceding section shall at any time thereafter engage cognizance. as principal in any prize fight in this territory, in addition to the penalty prescribed by section one of this act, he shall be subject to indictment for perjury, and, upon conviction, to be punished therefor as prescribed by law. SEC. 5. If any sheriff or constable shall have information and reason to believe that such fight or contest, as is described in the first section of this act, is about to take place within his county, he shall forthwith summon a force of citizens of the county sufficient for the purpose, and suppress such fight or contest, and arrest all persons present thereat, who may be found violating any of the provisions of this act, and take them before the probate judge or justice of the peace, to be dealt with according to law. Duties of officers. SEC. 6. All fines and costs collected under the provisions Fines and forof this act shall be paid into the treasury of the county, to the credit of the general fund. SEC. 7. This act shall take effect and be in force from and after its passage. Approved March 10, 1885. feitures. QUAIL. AN ACT to encourage the propagation of quail, and to punish killing thereof. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. I. It shall be unlawful for any person to kill by fire-arms or other means any quail in this territory which have been turned loose for the purpose of propagation sons prohibited and domestication, or to kill the increase of such quail, from killing. for the term of six years from and after the passage of Quail, per this act. SEC. 2. Any person violating the provisions of this act shall be punished by fine not exceeding twenty-five dollars; and the possession of a dead quail shall be presumptive evidence that the person having it in possession killed the same, in violation of this act. Approved March 12, 1885. QUARTZ LODES. AN ACT concerning the representation of quartz lodes. Be it enacted by the Legislative Assembly of the T SEC. I. The owner or owners of any quartz lode claim, who shall perform or cause to be performed the annual labor or make the improvements required by the laws of the United States, in order to prevent a forfeiture of the claim, may, at any time during the year in which said work was done or improvements made, file in the office of the county clerk and recorder of the county in which said claim is situated an affidavit or affidavits of the person or persons who performed such labor or made such improvements, showing— Notice to be First. The name of the lode and where situated. filed. Second. The number of days' work done, and the character and value of the improvements placed thereon. Third. The date or dates of performing said labor and making said improvements. Fourth. At whose instance or request said work was done or improvements made. Fifth. The actual amount paid for said labor and improvements, and by whom paid when the same was not done by the owner or owners of said quartz claim. Recorder, fees &c. SEC. 2. The clerk and recorder of the county in which said affidavit or affidavits are filed shall record the same of for filing, in a book kept for that purpose, and be entitled to a fee of one dollar for recording each separate affidavit. When the affidavits are made jointly by two or more persons he shall be entitled to an additional fee of twenty-five cents for each name after the first; and said fee shall be the only one to which the recorder shall be entitled for filing and recording said affidavits, and indexing the same. SEC. 3. The affidavit or affidavits named in the preceding sections, or copies thereof duly certified by the certified recorder of the county, shall be received or admitted in copies to be adevidence in any court of justice in this territory, and be dence. prima facie proof of the facts recited therein. SEC. 4. This act shall take effect and be in force from and after its passage. Approved February 27, 1885. mitted in evi RANGE STOCK, ATTACHMENT OF. AN ACT to facilitate the service of process upon personal property, and the transfer thereof in certain cases. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. I. Whenever it is necessary for any officer or person charged with the service of process out of any of the courts of this territory to take custody and possession of any cattle or horses running and roaming at large, and commonly known as range stock, between the first day of November and the next succeeding fifteenth day How attached. of May, it shall be a sufficient service of such process for the officer or person charged with the service of the same to file a copy thereof, with a notice appended thereto, Copy of pro- containing the number, as near as may be, and a descripcess to be filed tion of said stock by marks and brands, that such property, or a portion thereof, as the case may be, is attached, taken, levied upon, or seized, in pursuance of such process, with the recorder of the county wherein such property is running at large, within fifteen days after the receipt of such process for service, and shall make due return of his said proceedings upon said process. with the county recorder. Mortgage, der, how quired. SEC. 2. In all cases where it is necessary under the possession un- laws of this territory for a party to any mortgage, assignac-ment, bill of sale, or other contract, between the first day of November and the next succeeding fifteenth day of May, to take custody and possession of any such cattle or horses in order to preserve his rights under any such mortgage, assignment, bill of sale, or other contract, it shall be sufficient for such party to file a copy of the instrument under which he claims, with a notice of such claim appended thereto, with the recorder of the county wherein such property is running at large, within five days after it becomes necessary for him to so take custody and possession of the same. ing. SEC. 3. When the copy of the process or instrument, Effect of fil- with the proper notice appended thereto, is filed as hereinbefore provided, it shall have the same effect as if actual custody and possession of said cattle and horses has been taken by the officer or person charged with the execution of such process, or the party required under said instrument to take the same, and shall continue to have Time attach- Such effect until actual custody or possession of such good limited propery has been taken or had by the officer, person, or party aforesaid, provided that such actual custody or possession be had or taken prior to the first day of August next succeeding. ment holds ¡Duties of SEC. 4. It shall be the duty of said county recorder county record-to file all papers deposited with him for that purpose, and required to be filed under this act, and preserve the er. |