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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 veterin

ary surgeons, either in the United States, Canada, or Certain pen Europe. He shall hold his office for two years; he may

eligible to the office be removed for cause by the governor, who shall also

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 own

ers, called in consultation by the territorial veterinary sultation.

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 territoriat 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 hereinBond to be after 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.


inary surgeon.

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 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.

territory limited.

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

SEC. 13.

County com

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 (12) of one (1) missioners to mill on the dollar upon the assessed value of all cattle, the stock in

levy a tax for horses, mules, and asses in the territory, to be known as demnity fund.” 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.



SEC. 15.

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


Certain amount in val

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 stock ex(1885) of one-half mill, as hereinbefore provided, which 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.

empt from this tax.

SEC. 17.




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



exceeding two in number, at any time he cannot person

ally attend to all the duties required by his office, at a Veterinary

may salary not to exceed five dollars per day for each day imepoint 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 Compensation of deputies. deputies shall have the same effect as if done by the ter

ritorial veterinary surgeon.

SEC. 19. This act to take effect and be in force from and after its passage.

When to take effect.

Approved March 10, 1885.


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:


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

examine Son

SEC. 77. When a complaint is made before any magMagistrate to istrate, charging any person with the commission of a

making public offense, it shall be the duty of such magistrate to complaint un- examine the complainant under oath touching his knowl.

edge 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 the evidence

he alleged offense has been committed within his jurisdic

tion, and that the accused party has committed said rest of offend-offense, such magistrate shall immediately issue his war

sufficient е shall issue warrant for ar


rant to any peace officer having authority to make arrests in his county, commanding him to forthwith arrest such

offender at any place in the territory, and bring hir be brought be-before such magistrate; or, in case he shall be ur fore said magistrate, or some act, before some other magistrate within the other magis- be dealt with according to law.


Offender may

SEC. 2.

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

Approved February 6, 1885.


AN ACT regulating assessment life insurance companies.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

May do busi

this act.


That corporations, associations, or societies, for the purpose of furnishing life indemnity or pecuniary benefits 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.


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 pany must not the objects and purposes are fully and definitely set forth, be similar to and are clearly within the provisions of this act, and that one already organized. 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 aforesaid, or other good and sufficient reasons, the said auditor shall be unwilling to approve the certificate of association, he shall immediately inform the incorpora

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

of and os personal their corporation, association, or society; may have and

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


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