of persons called in sultation.

con

act to receive the appointment of territorial veterinary surgeon who is not at the date of his appointment a graduate in good standing of a recognized college of veterinary surgeons, either in the United States, Canada, or Certain per- Europe. He shall hold his office for two years; he may sons not eligible to the office be removed for cause by the governor, who shall also of veterinary surgeon. have power to fill the vacancy as hereinbefore provided. The appraisers herein provided for shall each receive three dollars for each day or part of a day they may be actually employed as such, which shall be paid from the territorial treasury, out of the stock indemnity fund hereinafter provided, upon vouchers which bear the certificate of the justice who summoned them. The justice shall receive his ordinary fee for issuing a summons, to be paid out of the county fund. The members of the Compensation board of health, veterinarians, physicians, or stock owners, called in consultation by the territorial veterinary surgeon, shall each receive three dollars for each day or part of a day they may be actually so employed, and ten (10) cents per mile mileage for distances actually traveled, which sums shall be paid from the territorial treasury out of the stock indemnity fund hereinafter provided for, pon vouchers certified to by the territorial veterinary surgeon, and other incidental expenses connected with his work, and made his duty by this act, such as causing animals to be slaughtered, and their carcasses to be burned, and disinfecting infected premises, shall be paid from the territorial treasury, out of the stock indemnity fund hereinafter provided for, upon vouchers certified to by him. given by veter- Before entering upon the discharge of his duties he shall give good and sufficient surety in the sum of five thousand dollars for the proper management of the same. No constructive mileage shall be paid under this act, nor shall the territorial veterinary surgeon receive any. mileage.

Bond to be

inary surgeon.

territory limited.

SEC. 12. The liability of the territory for indemnity for animals destroyed, and for fees, costs, and expenses incurred, under the provisions of this act, in any year, is limited by, and shall in no case exceed, the amount Liability of especially designated for that purpose and for that period, by the terms of this act; nor shall the veterinary surgeon or any one else incur any liability on [the] part of the territory, under the provisions of this act, in excess of the surplus in the stock indemnity fund hereinafter provided; nor shall any act be performed or property

taken, under the provisions of this act, that will become a charge against the territory of Montana further than to the extent provided by said stock indemnity fund.

County com

to levy a tax for

demnity fund."

SEC. 13. Hereafter it shall be the duty each year of the county commissioners of all the counties of the territory, at the time of making the annual assessment, to levy a special tax not exceeding one-half (2) of one (1) missioners mill on the dollar upon the assessed value of all cattle, the "stock inhorses, mules, and asses in the territory, to be known as the "stock indemnity fund;" said tax shall be levied and collected by the several counties, and paid to the territorial treasurer in the manner provided by law for the levying, collection, and payment of other territorial taxes; said fund shall constitute the indemnity fund specified by this act to be used in paying for animals destroyed, and for fees, costs, and expenses provided under the provisions therefor. It shall be used exclusively for that purpose, and shall be paid out by the territorial treasurer as herein provided for.

SEC. 14. The territorial veterinary surgeon shall select the place or places where stock shall be quarantined.

Fines

col

be

treas

SEC. 15. All fines collected under the provisions of lected to paid into the this act shall be paid into the general fund of the county county in which such case is prosecuted.

ury.

Certain. amount in value of stock ex

tax.

SEC. 16. It shall be the duty of the county commissioners of all the counties in the territory, at their next regular meeting after the passage of this act, to levy the special tax for the year eighteen hundred and eighty-five ue of (1885) of one-half mill, as hereinbefore provided, which empt from this shall be collected and paid into the territorial treasury in the same manner as other territorial taxes: Provided, where any person owns not exceeding five hundred dollars in value of horses, cattle, or mules, the same shall be exempt from taxation under the provisions of this act.

clause.

SEC. 17. Section 13 of the fifth division of the revised Repealing statutes of Montana, and all other acts and parts of acts, in conflict with the provisions of this act, be and the same are hereby repealed.

SEC. 18. The territorial veterinary surgeon shall have the power to appoint from time to time, deputies, not

ties.

Veterinary

exceeding two in number, at any time he cannot personally attend to all the duties required by his office, at a surgeon may salary not to exceed five dollars per day for each day appoint depu- actually employed, to be paid out of said stock indemnity fund, and shall designate the county or counties for which each deputy is to act. All acts performed by such deputies shall have the same effect as if done by the territorial veterinary surgeon.

Compensation

of deputies.

SEC. 19.

This act to take effect and be in force from

When to take and after its passage.

effect.

Approved March 10, 1885.

son

der oath.

the

evidence

ARREST AND EXAMINATION.

AN ACT to amend section 77, of chapter 6, of the "Criminal Practice Act," of the revised statutes of Montana.

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

SEC. I. That section 77 of chapter 6 of the "Criminal Practice Act" of this territory be amended to read as follows:

SEC. 77. When a complaint is made before any magMagistrate to istrate, charging any person with the commission of a examine per public offense, it shall be the duty of such magistrate to complaint un-examine the complainant under oath touching his knowledge of the commission of such offense. If from such evidence, and other facts which may lawfully come to the knowledge of such magistrate, it shall appear to him If he believes that probable cause exists to support the belief that the sufficient he alleged offense has been committed within his jurisdiction, and that the accused party has committed said rest of offend- offense, such magistrate shall immediately issue his warrant to any peace officer having authority to make arrests in his county, commanding him to forthwith arrest such Offender may offender at any place in the territory, and bring him be brought be- before such magistrate; or, in case he shall be unable to trate, or some act, before some other magistrate within the county, to other magis- be dealt with according to law.

shall issue a warrant for ar

er.

fore said magis

trate.

SEC. 2.

This act shall take effect and be in force from

and after its passage.

Approved February 6, 1885.

ASSESSMENT LIFE INSURANCE COMPANIES.

AN ACT regulating assessment life insurance companies.

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

SEC. I. That corporations, associations, or societies,

for the purpose of furnishing life indemnity or pecuniary May do busibenefits to the widows, orphans, heirs, or relatives, by ness by comconsanguinity or affinity, devisees or legatees of deceased plying with members, or accident or permanent disability indemnity to members thereof, and where the funds for the payment of such benefits shall be secured in whole or in part by assessment upon the surviving members, may be organized or do business in the territory of Montana, subject to the conditions hereinafter provided, when such corporation, association, or society, shall show by a sworn statement, a guarantee fund of not less than $20,000 for the benefit and security of the policy holders, or those holding certificates of life indemnity.

tors must

be

SEC. 2. Any five or more persons, citizens of the United States, a majority of whom shall be bona fide citi- A majority of zens and voters of this territory, may associate themselves the incorporatogether as a body corporate, for which purpose they citizens of this shall make, sign, and acknowledge, before any officer territory. authorized to take acknowledgments of deeds in this territory, a certificate of association, in which shall be stated. the name or title by which such corporation, association, or society, shall be known in law; the location of its principal business office, which office must be located in this territory; the name and residence of the incorporators; the object of the corporation, with its plan of doing business clearly and fully defined; the number of its direc- Limits age of applicants for tors, trustees, or managers, and the names of those membership. selected to serve until its first annual meeting; the limits as to age of applicants for membership, which must be between the ages of sixteen and sixty-five, and that strict medical examinations are required; and that bona fide applications have been secured for at least $500,000, by

not less than two hundred persons; and two [per] cent. on such insurance, together with said guarantee fund of $20,000, has been paid into the treasury, and deposited in trust for the benefit of the beneficiaries of such corporation, association, or society, which certificate of association shall be submitted to the territorial auditor, who shall carefully examine the same, and, if he shall find that Name of com; the objects and purposes are fully and definitely set forth, similar to and are clearly within the provisions of this act, and that the name or title is not the same, or does not so closely resemble a title in use as to have a tendency to mislead the public, shall approve the same. If for either of the

pany must not

be

one already organized.

certificate.

aforesaid, or other good and sufficient reasons, the said auditor shall be unwilling to approve the certificate of association, he shall immediately inform the incorporators of the fact, stating his objections fully in writing. If the certificate is sufficient and satisfactory, the said auditor shall indicate his approval thereof under his hand. and official seal, and shall forthwith file the same, together with the certificate of association, and other papers accompanying it, in the office of the territorial auditor.

SEC. 3. Upon the filing of the papers as aforesaid the Territorial territorial auditor shall issue a certificate of organization auditor to issue of the corporation, association, or society, making as a part thereof a copy of all papers filed in his office in and about the organization thereof, and duly authenticated under his hand and seal of the territory; and the same shall be recorded in a book kept for that purpose in the office of the recorder of deeds of the county in which the principal place of business of such corporation, association, or society is located.

SEC. 4. A corporation, association, or society, organized under the provisions of this act, shall be a body corporate and politic, by the name stated in the certificate of organization, and by that name they and their successors may have succession, and shall be persons in law capable of suing and being sued; and may have power to make and May hold and enforce contracts in relation to the legitimate business of and personal their corporation, association, or society; may have and

dispose of real

property.

use a common seal, and may change and alter the same at pleasure, and they and their successors in their corporate name shall in law be capable of taking, purchasing, holding, and disposing of real and personal estate for the