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CATTLE-BRANDING.

AN ACT to prevent the branding of cattle during certain seasons of the year.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

Sec. I.

When brand

Proviso.

That it shall be unlawful for any person to

ing unlawful. brand or mark any calf or other cattle that are running at large, between the first day of August and the first day of September of each year, and between the fifteenth day of November of each year and the fifteenth day of the month of May following: Provided, that any owner of stock may brand, on his own premises, at any time, in the presence of two responsible citizens.

Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and, on conviction before any court of competent jurisdiction, shall be punished by a fine not less than twenty-five dollars nor

more than Penalty. one hundred dollars, for each and every animal thus branded, or by imprisonment in the county jail for a term not exceeding six months, or may be punished by both such fine and imprisonment, in the discretion of the court.

Certain coun

SEC. 2.

The following counties shall be exempt from the provisions of this act, to-wit: Missoula, Deer Lodge, ties ezempted. Silver Bow, Beaverhead, Madison, Jefferson, and also all that part of Gallatin county lying west of the summit of the Belt or Bridger ranges of mountains.

SEC. 3. All acts and parts of acts, in conflict with the provisions of this act, be and the same are hereby repealed.

SEC. 4. This act to take effect and be in force from and after its passage.

Approved March 10, 1885.

CHATTEL MORTGAGES.

AN ACT to amend an act entitled "an act concerning chattel mortgages,"

approved February 19th, 1881.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. I. That section 4 of an act concerning chattel mortgages, approved February 19, 1881, be amended so as to read as follows:

Period of validity.

SEC. 4. Any mortgage of goods, chattels, or personal property, acknowledged and filed as hereinbefore provided, shall thereupon, if made in good faith, be good and valid as against the creditors of the mortgager and subsequent purchasers and mortgagees, from the time it is so filed until the maturity of the entire debt or obligation for the security of which the same was given, and for a period of thirty days thereafter, provided the entire time shall not exceed one year and thirty-three days thereafter.

SEC. 2.

That section 5 of said act be amended so as to read as follows:

How

be attached.

SEC. 5. Personal property mortgaged may be taken mort- on attachment or execution issued at the suit of a credigaged personal property may

tor of the mortgager; but before the property is so taken the officer must pay or tender to the mortgagee the amount of the mortgage debt and interest, or must deposit the amount thereof with the county treasurer of the county in which the mortgage is filed, payable to the order of the mortgagee; and when the property then taken is sold under process, the officer must apply the proceeds of the sale as follows:

Disposition of money received from sale of personal property,

1. To the repayment of the sum paid to the mortgasuch gee, with interest from the date of such payment; and

2. The balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.

Sec. 3. This act shall be in force from and after its passage.

Approved February 27, 1885.

CIVIL ACTIONS-PLEADINGS,

AN ACT to amend section 116, and to repeal section 300, of the first division,

code of civil procedure of the revised statutes of Montana.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. I.

That section 116, of the first division of the revised statutes of Montana, be amended so as to read as follows:

When true

is

SEC. 116. When the plaintiff is ignorant of the name of a defendant, such defendant may be designated in any known any pleading or proceeding by any name, and when his true name may be

substituted. name is discovered the pleadings or proceedings may be amended accordingly. It shall be sufficient in all actions, papers, pleadings, or proceedings, to designate any party to insert or person by the initial letter or letters, or some contrac-Christ i a n tion of the Christian or first name or names, instead of stating the Christian or first name in full.

Not necessary

full

name.

SEC. 2. That section 300 of the first division of the revised statutes of Montana is hereby repealed.

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

SEC. 3.

Approved March 12, 1885.

CLERKS OF DISTRICT AND PROBATE COURTS.

AN ACT relative to bonds of clerks of courts.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. I. The clerks of the territorial district courts, and clerks of the probate courts, are herehy required to To give bonds. execute official bonds, running to the people of the territory of Montana, conditioned for the faithful performance of their duties as clerks of their respective courts, and to account for all moneys of litigants and others coming into their hands as such clerks. Each clerk of the district court, before entering upon the discharge of

trict courts to

secretary of the

his duties as such, shall file with the secretary of the ter

ritory a good and sufficient bond conditioned as aforeClerks of dis- said, in the sum of twenty thousand dollars, with two or file bond with more sureties, to be approved by the judge of the district territory.

court of the district for which he is appointed. Clerks of the probate [courts] shall give bonds in the sum of

five thousand dollars, with two or more sureties, to be bate court to approved by the judge of the probate court of the county file honde with for which they are appointed. Such bond shall be filed

in the office of the county clerk of the county for which the clerk is appointed.

Clerk of pro

county clerk

Bonds may be sued upon

the territory of

SEC. 2. The bond so executed by said clerks may be in the name of sued upon in the name of the territory of Montana, in Montana. any court of competent jurisdiction, to the use of any

person or persons aggrieved by any breach of the same.

SEC. 3. That article 1 of chapter 8 of the fifth division of the revised statutes, and all acts and parts of acts in conflict herewith, be and the saine are hereby repealed.

SEC. 4.
and after its passage.

This act shall take effect and be in force from

Approved February 16, 1885.

CONVICTS-PENALTY.

AN ACT concerning penalties for crime.

Persons convicted of felony

Be it enacted by the Legislative Assimbly of the Territory

of Montana:

SEC. I. In all cases of conviction for felony, hereafter

committed, it shall be the duty of the court sentencing to be sentenced any person convicted to attach to the sentence of imprisat hard labor. onment the provision that such imprisonment be at hard

labor; and whenever any jury shall have designated in their verdict any term of imprisonment the same shall be deemed and held to mean imprisonment at hard labor.

SEC. 2. It shall be the duty of the person or officer prisoners to having charge of any such prisoner in any prison, penilabor to such prisoner, and to require of him the performance thereof, in all cases where such labor can be furnished such prisoner within the limits of such place of confinement, or as permitted by the law of the jurisdiction within which such sentence of imprisonment is being carried into effect.

tentiary, jail, or other place of confinement, to furnish

The officer in

furnish labor.

Approved March 10, '1885.

CONVICTS, TERRITORIAL.

AN ACT authorizing the governor to contract for the keeping and mainte

nance of territorial prisoners.

The governor may contract

in state or

Be it enacted by the Legislative Assembly of the Territory

of Montana : SEC. I.

That on and after the passage of this act the governor be and is hereby authorized and directed to for keeping

prisoners enter into, make, and execute, in behalf of and in the any

territory. name of the territory, upon such terms as he shall deem best, a contract with the proper authorities of any state or territory, for the safe keeping, clothing, medicines, medical treatment, and care and maintenance, in the penitentiary of such state, for a term not exceeding three ited. years, of all persons sentenced for a period of two or more years to confinement in the penitentiary for offen

Compensation ses against the laws of the territory: Provided, that the for keeping amount contracted to be paid by the territory shall not ited. exceed fifty cents per day for the safe keeping, clothing, and maintenance of each convict; and he may renew the contract on terms alike advantageous to the territory for a further period of three years, unless otherwise provided by law.

Duration of contract lim

Prisoners sen

years or

in

SEC. 2.

All persons heretofore sentenced, or that may tenced to two hereafter be sentenced, to imprisonment in the peniten- may be sen: tiary for a period of two or more years shall be confined tenced to conin the penitentiary of that state or territory with which penitentiary of the governor may contract for the safe keeping and rit ry maintenance of the same; and there shall be added to all sentences of confinement in the penitentiary the additional penalty of hard labor.

with which contract is made.

SEC. 3. It shall be the duty of the governor to report to the territorial auditor, at such stated periods as are

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