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in this territory. When the territorial auditor shall have reason to doubt the solvency of any foreign corporation, association, or society, acting under the provisions of this act, and when he is not fully satisfied with the certificate of the insurance commissioner, or other like officer, of the state, territory, or government, of its organization, he may proceed to make an examination, as provided in this act for the examination of corporations organized in this territory; and should he find that it has made fraudulent or untrue statements, or that it is conducting its business in an irregular and illegal manner, or if he shall be of the opinion that any such corporation in this territory is conducting its business fraudulently, or is not in good faith carrying out its contracts with its members in this territory, he shall report the same to thc attorney general, who shall thereupon commence proceedings, by writ of quo warranto, against such corporation or association, requiring it to show cause why its license to do business in this territory should not be revoked. And any such foreign corporation or association now doing business in this territory that shall refuse or neglect to comply with the provisions of this act within the space of ninety days after passage thereof, shall be deemed to be doing business unlawfully ; and if any officer, agent, or employe of any such corporation or association shall do business in this territory, or assist in, or knowingly permit the same, unless such corporation or association has complied with the provisions of the laws of this territory applicable to the same, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50, nor more than $1,000, or be imprisoned in the county jail not less than thirty days nor more than one year, or both, in the discretion of the court.
Sec. 17. All laws or parts of laws in conflict with this act are liereby repealed.
[The foregoing act having been presented to the governor of Montana territory on the fifth day of March, 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, chap. 1, title XXIII, revised statutes of the United States, has become a law without his approval.]
AN ACT to provide for the teaching of a trade to indigent blind persons.
Be it enacted by the Legislative Assembly of the Territory of
The governor and superintendent of public Thegovernor instruction of the territory are hereby authorized to con- tendent of pubtract with any suitable institution in any state or terri-lic
instruction tory of the United States for the instruction in a trade or with some inhandicraft of any indigent blind person, above the age of stitution. eighteen years, who is actually a resident of this territory, at an expense to the territory of not more than three hundred dollars per annum for each such person, Limiting and for a term not exceeding two years for each such paid for person;
the certificate of said governor and superintendent of public instruction that such contract has been made, and that any such person is receiving such instruction in such institution, the territorial auditor shall draw his warrant on the territorial treasurer for the payment of the fees of such institution, in accordance with the terms of such contract.
When any blind person over the age of eighteen years becomes a charge upon any county in this territory, the board of commissioners shall consider the age, ability, and character of such blind person, and if said board shall find that it is probable that such blind person can become self supporting after two years instruction in any trade or handicraft, the said board Counties shall so inform the governor and superintendent of pub-portation. lic instruction, and they shall contract for the instruction of such indigent blind person, under the provisions of section i of this act; and it shall be the duty of the board of county commissioners of the county of which such indigent blind person is a citizen to provide for his transportation to and from the institution at which he is to be instructed.
to pay for trans.
SEC. 3. This act shall take effect and be in force from and after its passage.
Approved March 12, 1885.
AN ACT to amend chapter V of the fourth division, criminal laws of the
Be it enacted by the Legislative Assembly of the Territory
That sections 69 and 70, of chapter V, of the fourth division, criminal laws of the revised statutes be amended so as to read as follows:
SEC. 69. Every person who enters any house, room, Burglary de- apartment, tenement, shop, warehouse, store, mill, barn,
stable, out-house, or other building, tent, steamboat, or rail-car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary.
Burglary in the first degree.
SEC. 70. Every burglary committed in the night time is burglary of the first degree, and every burglary committed in the day time is burglary in the second degree.
That there be added to chapter V of the fourth division, criminal laws of the revised statutes, the following sections :
SEC. 70, a. Burglary of the first degree is punishable by imprisonment in the territorial prison for not less than
two nor more than fifteen years. Burglary of the second Burglary in the second de- degree is punishable by imprisonment in the territorial
prison for not less than one year nor more than ten years.
Free, how punished.
SEC. 70, b. The phrase "night time," as used in this chapter, means the period between sunset and sunrise.
SEC. 3. All offenses committed under the sections This law, not amended by this act, prior to the passage hereof, shall be
prosecuted and punished in the same manner and with the same effect as if the amendments provided in this act had not been made.
Approved March 10, 1885.
BUTTER AND CHEESE-ADULTERATION.
AN ACT to prevent deception in the sale of butter and cheese.
Be it enacted by the Legislative Assembly of the Territory
SEC. 1. Every person who shall manufacture for sale, or who shall offer or expose for sale by the tub, firkin, What to be box, or package, or any greater quantity whatever, any adulteration. article or substance in semblance of butter and cheese, not the legitimate product of the dairy, and not made exclusively of milk or cream, but into which any oil, lard, intestinal or offal fat, not produced from milk or cream, enters as a component part, or into which melted butter or any oil thereof has been introduced to take the place of cream, shall distinctly and durably stamp, brand, or mark upon the side of every cheese, and also upon the top and side of every such tub, firkin, box, or package of such article or substance the words "Oleomargarine butter," or, if containing cheese, the words "Imita-such adulterattion cheese,” only where it can be plainly seen, in Ro-ed
product disman letters, which shall be burned in or painted thereon with permanent black paint, in a straight line, and shall not be less than one-half inch in length; and in case of retail sales of such articles or substances in parcels, the seller shall in all cases sell, or offer or expose the same for sale, from a tub, firkin, box, or package, stamped, Regulat in g branded, or marked as herein stated, and shall also deliver therewith to the purchaser a printed label bearing the plainly printed words "Oleomargarine butter," or, if cheese, the words "Imitation cheese," only in Roman letters, not less than one-half inch in length, which shall be printed in a straight line; and every sale of such article or substance by the tub, firkin, box, or package, or in any greater quantity, not so stamped, branded, or marked, and every such sale of such article or substance at retail, in parcels that shall not be sold from a tub, firkin, box, null and void. or package so stamped, branded, or marked, or without delivery of a label therewith, as above stated, is declared to be unlawful and void, and no action upon any contract shall be maintained in any of the courts of this territory to recover upon any contract for the sale of such article or substance not so stamped, branded, or marked.
Every person who shall sell, or offer or expose or sale, or have in his or her possession, with intent to
sell by the tub, firkin, box or package, or in any greater quantity, any of the said articles or suhstance required by the first section of this act to be stamped, branded, or marked, that shall not be so stamped, branded, or marked, or in the case of retail sales in parcels, every person who shall sell, or offer or expose for sale, any of said article or substance without selling, offering or exposing for sale the same from a tub, firkin, box, or package stamped, branded, or marked as in said first section provided, or without delivery of a label, as required by section one of this act, shall for every such offense forfeit and pay a fine of one hundred dollars, to be recovered with costs, in any of the courts in this territory having cognizance thereof, in an action to be prosecuted in the name of this territory, and the one-half of such recovery shall be paid to the informer, and the residue shall be applied to the public school fund in the county where such recovery is had.
SEC. 3. Every person who shall sell, or offer or expose for sale, or who shall cause or procure to be sold, offered or exposed for sale, by the tub, firkin, box, or package, or in any greater quantity, any article or substance required by the first section of this act to be stamped, branded, or marked, not so stamped, branded, or marked, or in case of retail sales in parcels, every person who shall sell, or offer or expose for sale, or who shall cause or procure to be sold, offered, or exposed for sale any article or substance required by the first section of this act to be sold, offered, or exposed for sale from a tub, firkin, box, or package, stamped, branded, marked, or labeled as therein stated, contrary to the provisions of such section, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than one hundred dollars, or by imprisonment in the county jail for not less than ten nor more than thirty days, or by both such fine and imprisonment for each and every offense.
All acts or parts of acts, in conflict with this act, are hereby repealed.
SEC. 5. This act shall take effect sixty days after it becomes a law.
Approved March 10, 1885.