Jury fees of

physicians.

Fees of other jurors.

INSANE INQUESTS.

AN ACT providing fees or jurors on insane inquests.

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

SEC. I. That whenever hereafter a jury shall be impaneled, as provided by law for the purpose of inquiring into the sanity of any person, the following fees shall be allowed to such jurors, to-wit:

To each physician, impaneled on such jury, the sum of three dollars per day while engaged in such inquest.

To each person not a physician, impaneled on such jury, the sum of one dollar and fifty cents per day while engaged in such inquest.

Approved March 12, 1885.

Compensation

the peace and

ited.

County comhibited from

JUSTICES OF THE PEACE-CONSTABLES.

AN ACT to limit the compensation of justices of the peace and constables.

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

SEC. I. That the maximum amount that shall be allowed to any justice of the peace or constable in any of justices of county in this territory by the county commissioners constables lim- thereof shall not exceed the sum of six hundred dollars per year; and any county commissioner or commissioners who shall allow to any justice of the peace or conmissioners pro- stable, for official services, a sum in excess of six hunallowing a dred dollars in any one year shall be liable personally to the county from which such an amount shall be drawn amount. for the excess allowed over and above such amount, to All excess al- be collected by civil action, in the name of the county, against such commissioner or commissioners, who may be sued jointly or severally: Provided, no commissioner shall be liable, as herein provided, if he shall vote against such allowance, and shall cause to be entered on the journal of proceedings of the county commissioners at

greater

lowed, how collected.

Protest, how to be made.

the time of such allowance his vote and protest against such allowance; and it is made the duty of the clerk of the board to so note such protest when so requested by any commissioner.

SEC. 2. Nothing in section I of this act shall be construed to permit any board of county commissioners to allow any justice of the peace or constable any greater or other compensation than that provided by law; but if the fees and compensation of any justice of the peace or constable, allowed by law, and for which the county is chargeable or responsible, shall exceed the sum of six hundred dollars, then such compensation shall be limited to six hundred dollars, and in no case shall exceed such

sum.

Approved March 12, 1885.

LEGISLATIVE ASSEMBLY, ORGANIZATION OF.

AN ACT to provide for the organization of the legislative assembly.

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

be held

as

SEC. I. That the certificate of election from the clerk Certificate to of the proper county, shall be held and considered as prima facie eviprima facie evidence of the right to membership of the dence of elecperson certified therein to be elected for all purposes of organization of either branch of the legislative assembly.

tion.

Temporary organization.

Secretary of

the territory to

bers of the

der.

SEC. 2. That at the time fixed by the laws of the United States and of this territory for the convening of any regular session of the legislative assembly the secretary of the territory, or in his absence or inability, then call the memthe oldest member present, shall take the chair and call council to orthe members of the council elect to order, and shall appoint from the members a clerk pro tem. The chairman shall then call over the council districts in their order, and, as the same are called, the persons claiming to be Names of members shall present their certificates and take the oath tricts now prescribed by law, which may be administered by order.

Clerk pro tem.

council dis

to be called in their

Oath to be

the chief justice or associate justice of the supreme court, administered. or by any person authorized to administer oaths.

Permanent

SEC. 3. That after the members elect shall have taken the oath of office or affirmation aforesaid, if there shall organization. be a quorum present, the council shall proceed to the election of the officers prescribed by law, in the order stated therein. The vote shall be by ballot.

Term of office

the council.

SEC. 4. That the officers of the council shall hold of officers of their offices during the session at which they are elected, but may be discharged by a resolution of the council. How removed. The clerks and sergeant-at-arms shall control their assistants in their respective departments.

Oldest mem

call the house

SEC. 5. At the same time that is provided for the ber present to council being called to order it shall be the duty of the of representa- territorial auditor, and in case of his absence or inability, tives to order. then the oldest member present in the hall of the house Clerk pro tem. of representatives, to call the persons elected to that body to order, and appoint from those elected a clerk pro tem. districts to be The several counties and districts of the territory shall called alpha- then be called over by the chairman in alphabetical order, betically. and as [the names of] the members elect are called they

Counties and

Certificates, shall present their certificates, and take the oath of office how presented. prescribed by law.

Oath.

SEC. 6. As soon as all the members elect present shall have taken the oath or affirmation aforesaid, if there Permanent shall be a quorum present, they shall proceed to the organization. election of officers of the house of representatives authorized by the law of the United States.

Subordinate

the oath.

SEC. 7. That the clerks and sergeant-at-arms shall officers to take take the oath of office prescribed by law, and shall hold their offices for the same time, and be removed in like manner as is provided for the same officers in the council.

How removed.

A majority of SEC. 8. That in all elections for officers of either all votes cast necessary for branch of the legislative assembly, a majority of all the cers in either votes given shall be necessary to a choice.

election of offi

branch.

SEC. 9. That whenever at the commencement of, or during the regular or extraordinary sessions of the legislative assembly, upon a call of either house it shall be

absentees, how enforced.

found that no quorum of members is present, or if any member or members shall be found absent upon any Attendance such call, the members present shall be authorized to of direct the sergeant-at-arms, or, if there shall be no sergeant-at-arms of such house, then any other person, to No compencompel the attendance of any or all the absentees: Pro- sation allowed vided, that if the house refuse to excuse such absentee, he shall not be entitled to any per diem during such absence, and shall be liable for the expenses incurred in procuring his attendance.

to absentees.

no effect unless house of which

SEC. 10. That no resignation of a member of the leg- Resignation islative assembly of the territory which shall be tendered of members of during the actual session of the legislative assembly, accepted by the shall be valid or of any effect until the branch of which he is a member. the person tendering such resignation is a member shall have accepted the same by a vote of a majority of the members of such branch, exclusive of the person or persons tendering such resignation: Provided, that the provisions in this act shall apply only to such resignations as are tendered during the sitting of the legislature.

Chairman of

administer oaths in certain

SEC. II. That whenever any special or standing committee of the legislature shall require any person or per- committees to sons to be sworn prior to making their statement or statements before said committees, the chairman thereof cases. shall be and he is hereby authorized to administer oaths to said witnesses.

SEC. 12. All acts and parts of acts, in conflict with this act, are hereby repealed.

SEC. 13.

passage.

This act shall take effect from and after its

Approved March 12, 1885.

LIVE STOCK, PROTECTION OF.

AN ACT for the better protection of the live stock interests of the territory.

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

SEC. I. That the governor of the territory is hereby authorized to nominate, and by and with the consent of

Governor to

commission

ers.

the council appoint a "Board of Stock Commissioners," nominate stock consisting of one member for each of the counties of Dawson, Custer, Yellowstone, Meagher, Choteau, and Lewis and Clarke, who, upon entering on their duties, To take an shall take an oath to support and uphold the constitution of the United States and the laws of the territory, and to well and truly perform their duties as provided by law, which oath shall be filed in the office of the secretary of the territory.

oath.

horses in the

SEC. 2.

Each member of said hoard so appointed shall

be the owner of cattle or horses in the county for which Must be owner he is appointed, and shall be a resident of the county for of cattle or which he is appointed. Said stock commissioners shall connty for hold office for two years, or until their successors are appointed and qualified, and in case of vacancy from death, resignation, or removal from the territory, the governor shall appoint to fill said vacancy.

which he is appointed.

No compen

SEC. 3. The governor shall notify the persons so appointed, and when they have signified their acceptance of said appointment, shall issue to each a commission as a member of the board of stock commissioners, and shall fix a time and place for the first meeting of said board.

SEC. 4. Said board shall at their first meeting, in pursuance to the governor's call, organize by electing one of their number president of said board, and shall appoint a secretary, who shall reside at the capital of the territory.

SEC. 5.

Said stock commissioners and their secre

sation allowed. tary shall receive no compensation or mileage for their

Duties.

services.

SEC. 6. It shall be the duty of said board of stock commissioners to exercise a general supervision over, and so far as may be protect the stock interests of the territory from theft and disease, and shall devise and recommend from time to time such legislation as in their judgment will foster this important industry. Said board of stock commissioners may take all necessary and lawful steps, procure all necessary and lawful process for the attendance of witnesses, and employ any counsel they may deem proper to assist in the prosecution of any person or persons arrested as hereinafter provided, and it