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each and every day he may neglect or refuse to transmit to the territorial treasurer the amount found due from his county to the territory.

Approved February 27, 1885.

CORONERS-JURORS-WITNESSES.

1

AN ACT to amend section 420 of the fifth division of the revised statutes of

Montana territory, of 1879.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. 1. That section 420 of the fifth division of the revised statutes of the territory of Montana, 1879, be and the same is hereby amended so as to read as follows:

SEC. 420. The coroner may issue subpænas within When coroner his county for witnesses, returnable forthwith, or at such pænas. time and place as he shall therein direct; and jurors and witnesses shall be entitled to receive the same fees and

Compensation mileage as are now allowed by law before a justice of of jurors the peace; and the coroner shall have the same authority to enforce the attendance of jurors and witnesses, and to punish them for contempt in disobeying process, as a may punish for justice of the peace has, when his process issues in be- contempt. half of the territory.

and .

Governor

Approved February 20, 1885.

CRIMINAL ACTIONS-PLEADING.

AN ACT to amend section 211 of the third division of the revised statutes of

Montana.

Be it enacted by the Legislative Assembly of the Territory

of Montana:

SEC. I. That the second subdivision of section 211 of chapter 9 of the third subdivision of the revised statutes of Montana be and the same is hereby amended to read as follows:

Plea.

Second. The acts constituting the offense are stated in an indefinite, ambiguous, and uncertain manner.

Approved March 10, 1885.

CROW INDIAN RESERVATION.

AN ACT concerning that portion of the Crow Indian reservation adjacent to

Yellowstone county.

Be it enacted by the Legislative Assembly of the Territory

of Montana :
SEC. I.

All that portion of the Crow Indian reservation lying between the Wyoming line and the Yellowstone river, and west of the Big Horn river, in Montana territory, that may hereafter be segregated and thrown open for settlement, shall form a part of Yellowstone county.

SEC. 2.

That all that portion of the Crow reserve included within the boundaries described in section i of this act be and the same is hereby attached to the county of Yellowstone for judicial purposes.

SEC. 3. This act to be in full force and effect from and after its passage.

Approved March 5, 1885.

DEADLY WEAPONS.

AN ACT to amend section 62 of chapter IV of the fourth division of the revised

statutes.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. I.

That section 62 of chapter IV of the fourth division of the revised statutes be amended to read as follows:

Sec. 62. Every person in this territory having, carryThreateningly ing, or procuring from another person, any dirk, dirkdrawing dead- knife, sword, sword-cane, pistol, gun, or other deadly prohibited. weapon, who shall, in the presence of one or more per

sons, draw or exhibit any of said deadly weapons in a

ly weapons

Costs, how

rude or angry or threatening manner, not in necessary self defense, or who shall in any manner unlawfully use the same in any fight or quarrel, the person or persons so offending, upon conviction thereof in any criminal court in any county in this territory, shall be fined in

Penalty. any sum not less than ten dollars nor more than one hundred dollars, or imprisoned in the county jail not less than one month nor more than three months, at the discretion of the court, or by both such fine and imprison-computed. ment, together with the costs of prosecution, which said costs shall in all cases be computed and collected in the same manner as costs in civil cases; and all fines and forfeitures arising under the provisions of this act shall boundaid be paid into the county treasury for school purposes : ury. Provided, that no sheriff, deputy sheriff, constable, marshal, or other peace officer, shall be held to answer, under the provisions of this act, for drawing or exhibiting any charge of their

exempt in of the weapons hereinbefore mentioned while in the law- duties. ful discharge of his or their duties.

Fines and forfeitures to

into county treas

Peace officers

SEC. 2.

All acts and parts of acts, in conflict with this act, are hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved March 12, 1885.

DEAF MUTE AND BLIND CHILDREN.

AN ACT to amend sections 504 and 506 of the fifth division, revised statutes of

Montana territory.

Be it enacted by the Legislative Assembly of the Territory

of Montana:

Governor and

SEC. I. Sections 504 and 506 of chapter 19 of the fifth division of the revised statutes of the territory of Montana are hereby amended as follows:

superintendent

of public SEC. 504. The governor and superintendent of public Sontract

struction may instruction of this territory are hereby authorized to con-care tract with any suitable institution in any state, territory, children. or federal district in the United States, for the education

in

for

of deaf mute and blind

of any deaf mute or blind child, between the ages of eight Amount to and eighteen years, who is actually a resident

of this terbe paid limited.

ritory, at an expense to the territory of not more than three hundred dollars per annum for each such child and for a term not exceeding six years for each such

child, including the time that any such child has had the Certificate re- benefit of the law heretofore in force; and upon

the cerquired.

tificate of the governor and superintendent of public instruction that such contract has been made, and that any such child is receiving instruction in such institution, the territorial auditor shall draw his warrant on the territorial treasurer for the payment of the fees of said institution, in accordance with [the] terms of the contract made.

tion vided.

SEC. 506. Whenever it is brought to the attention of

the governor and the superintendent of public instrucTransporta- tion of this territory that there is a deaf mute or blind

child, between the ages of eight and eighteen years, whose parents or guardian are financially unable to defray the traveling expenses attendant upon going to or returning from said institution of learning, then it shall

be the duty of the governor and superintendent of public if instruction to procure suitable transportation for said

child, and such escort as may be necessary and required for the safe transportation to and from said institution, and certify the same to the auditor, who shall draw his warrant on [the] territorial treasurer for the amount thereof.

Escort to be furnished necessary

[The foregoing act, having been presented to the governor of Montana territory on the twenty-sixth day of February, 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, chapter i, title XXIII, revised statutes of the United States, has become a law without his approval.]

FENCES.

AN ACT concerning fences.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. I. The following shall be deemed legal and sufficient fences, provided they shall not be less than four and one-half feet in height:

First. All fences constructed of not less than four strong poles or rails, the lowest not more than one foot and a half from the ground, firmly fastened to well sup- Legal fences ported leaning posts, not more than twenty (20) feet apart.

defined.

Second. All fences constructed of at least one strong pole, rail, or board, and three barbed wires, the lowest not more than one foot and a half from the ground, all firmly fastened to well supported leaning posts, not more than twenty feet apart.

Third. All fences constructed of at least one strong pole, rail, or board, and three barbed wires, the lowest not more than one foot and a half from the ground, all well secured to posts firmly set in the ground, at a distance not to exceed twenty feet apart.

Fourth. All fences constructed of at least four barbed wires, the lowest of which shall not be more than one foot and a half from the ground, well secured to posts firmly set in the ground, at a distance not exceeding thirty feet apart, with not less than seven pickets, at least five feet in length, interwoven in and fastened to said wires between each two of said posts, in such manner that there shall be no space to exceed four feet in width.

Fifth. All worm fences and stone walls.

Sixth. All rivers, hedges, mountain ridges, and bluffs,

Legal fence or other thing which it may be impossible for stock to for stack yards pass: Provided, that none of the hereinbefore described fences shall be deemed legal and sufficient for stack yards, or places where grain, hay, or straw is kept, that such stack yards and places shall be fenced by a fence six feet high, constructed of not less than six poles or boards, fastened securely to posts set firmly in the ground, and not exceeding fourteen feet apart.

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Barbed wire fences to be surmounted by

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SEC. 2. Any person or persons who shall construct or maintain a barbed wire fence without a strong pole, rail, or board at or near the top, except as provided in subdi- rail, or board. vision four (4), section one (1), of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not to exceed one

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