Sec. 6. If the finder does not take the property on the above terms, the county clerk shall issue a warrant, under his hand, to the sheriff or a constable, to sell the property in the same manner as on execution, and having deducted the whole charges, to pay one-half of the remainder into the county treasury and the other half to the finder; but if the owner appear before the sale takes place he may still prove his property and pay the charges as above provided, and the sale may be adjourned therefor.

Sec. 7. If the appraisement of property exceed one hundred dollars, and the property does not consist of domestic animals, it shall be kept two years for the owner's appearance, and the sale provided for in the two preceding sections shall not take place within that time.

Sec. 8. But if the property in any of the cases above contemplated consist of domestic animals, and the notice is given, or the notice filed in the office of the county clerk after the first day of December, and before the first day of April, nine months shall be required to pass before the proceedings to rest the property in the finder, or for a sale to take place, shall be held.

Sec. 9. No person is authorized to take up straying animals (save stallions, jacks, and trespassing animals) except in the civil township in which he resides, nor shall the property in them vest in the finder before the first day of December, if taken up after the last day of March.

Sec. 10. When money other than for costs is paid into the county treasury under any of the preceding sections of this act, the owner of the property will be entitled to the money on making claim thereof within six months from the time it is paid in and proving his right to the satisfaction of the county clerk.

Sec. 11. The certificate of the county clerk, the return of the sheriff or constable, or the affidavit of an indifferent person of the giving of the notices above required, accompanied by one of the notices, or a copy thereof, and filed with the clerk, shall be prima facie evidence of the facts stated in the certificate, return, or affidavit.

Sec. 12. No property such as above described shall vest in the finder unless he has substantially pursued the directions of this act.

Sec. 13. If the charges of the finder cannot be agreed upon by him and the county clerk, or when a claimant appears, by him and the finder, they shall be settled by the county clerk or a justice of the peace, upon a case made by the above parties, and if the finder refuse to make a case he shall receive no charges, and if the owner refuse, the clerk or justice shall decide without it.

Sec. 14. If such a case be made between the finder and the county clerk, the costs of the case shall be taken from the proceeds of the property; if between the finder and the owner, each shall

pay one-half the costs, which the clerk or justice may demand before adjucation.

Sec. 15. If the ownership of the property cannot be agreed upon by the finder and the claimant, they may make a case before the county clerk, or any court of competent jurisdiction, who may hear and adjudicate it; and if either of them refuse to make such case, the other may make an affidavit of the facts which have previously occurred, and the claimant shall also verify his claim in his affidavit, and the clerk or court may take cognizance of and try the matter, on the other party having one day's notice, but there shall be no appeal from the decision. This section does not bar any other remedy given by law.

Sec. 16. When the property found consists of more than one item or article of property, the value above spoken of as governing the proceeding means their aggregate value.

Sec. 17. As a reward for stopping, taking up, and securing any property, as aforesaid, the finder shall be entitled to one dol lar at least, and ten per cent. on the appraised value above ten dollars, and his expenses in securing and keeping it; but there shall be no compensation allowed for keeping working animals taken up under this act, when used.

Sec. 18. The following charges shall be allowed, viz.: To the justice of the peace or the court for the initiatory proceedings, two dollars; to the county clerk, two dollars, and, when there is an advertisement in a newspaper, the legal rates thereof, two dollars additional fees for printing; to the sheriff or constable, the same fees as for similar services in actions before justices; to each appraiser, three dollars; to the justice or court for deciding the case concerning the charges, one dollar, which charges, except the sheriff's and constable's compensation, shall be paid by the finder, and allowed him out of the property, or be paid by the

owner.

Sec. 19. No person shall be authorized to take up any stray beast, unless he be a citizen and householder, unless he first enter into bond with sufficient sureties to the territory for the use of the owner in double the amount of the value of the property proposed to be taken up, to be ascertained by the justice of the peace before whom the person wishes to post such stray beast.

Sec. 20. Any person may use an estray beast legally taken up by him, if he do so with care and moderation, and do not abuse or injure it; but in no case shall the finder charge the owner any compensation for the keeping of said estray during the period of his so working it.

Sec. 21. If any estray, legally taken up, get away or die, without the fault of the finder, he shall not be liable for the same. Sec. 22. If any person shall sell, or dispose of, or take out of the territory any estray, before the legal title shall be vested in

him, he shall forfeit to the county double the value of such estray, and, upon conviction, may be imprisoned in the county jail not exceeding one year, and forfeit to the owner double the value of such property.

Sec. 23. If any person unlawfully take up an estray, or take up an estray and fail to comply with this act, or use or work such estray in any manner contrary to this act, or use or work it before having it appraised, or shall keep the same more than ten days out of the county, at any one time before he acquire a title to the same, he shall forfeit to the county twenty-five dollars.

Sec. 24. If any person take up any estray, and violate or fail to comply with this act, or abuse or injure such estray, the owner may recover of him double the amount of all injuries sustained, with costs.

CHAPTER XXV.

FENCES.

Section 1. A fence shall be considered lawful when constructed of four or more strong poles or rails, the lower pole or rail to be not more than two feet from the ground. The above is intended to apply to what is known as leaning fence; also all board and rail fences, well secured to good and substantial posts firmly set in the ground; also all worm fences and stone walls shall be considered lawful; provided that all of the above named fences shall not be less than four and one-half feet high; and provided further, that any portion of an enclosure bordering on any stream more than four feet deep, swamp, bluff, ditch, or wall, which shall be as difficult for stock to pass as the fence described in this section, may be used as a lawful fence.

CHAPTER XXVI.

FINANCE.

(See post chapters 71 and 74.)

Sec. 1. Auditor empowered to issue warrants to persons; legislature may direct.

Sec. 2. How treasurer to pay warrants.

Sec. 3. When warrants may be less than five dollars.
Sec. 4. Form of warrants.

Sec. 5. Warrants to be received for taxes and penalties.
Sec. 6. Sheriff and collector not allowed to deal in warrants.
Sec. 7. Auditor to make estimate and report to legislature.

Sec. 8. Territorial warrants to draw ten per cent. interest. Sec. 9. Auditor prohibited from issuing warrants, except by express provision of law.

Sec. 10. Guilty of misdemeanor for violation of foregoing

section.

Section 1. That the auditor of the territory is hereby empowered to issue territorial warrants, drawn upon the treasury of the territory, in favor of all persons to whom the legislative assembly of the territory may direct.

Sec. 2. That the treasurer shall pay out of any funds in his hands applicable to such use, the amount stated as due in the auditor's warrants only, in the order in which they are drawn, according to priority of date: Provided, That all warrants are receivable into the treasury in payment of any taxes, licenses, or other dues due the territory, and all warrants bearing date the same day bear equal priority, and shall be paid in the order in which they are presented for payment.

Sec. 3. The auditor shall issue his warrants on the treasurer in any sum that the party entitled to the same may desire: Provided, They shall not be less than five dollars, unless the sum due is less than that amount.

Sec. 4. The form of the warrants of the auditor, drawn on the treasurer for the payment of money, shall be as follows:

Warrant No.

The treasurer will pay to

TERRITORY OF MONTANA,
County of

187-
or order,

100 dollars, out of any money in the treasury not otherwise appropriated.

Sec. 5. From and after the passage of this act, one-fourth of all taxes and licenses due this territory, or any county thereof, may be paid in warrants, and three-fourths (the balance) shall be paid in money.

Sec. 6. No sheriff or collector of the revenue shall buy, purchase, trade for, or in any manner deal in the warrants drawn by the auditor, except at their par value; and for every offence committed against the provisions of this act, shall be fined in any sum not exceeding five hundred dollars.

Sec. 7. That each year the auditor shall make an estimate of

the probable amount of revenue derivable from the various sources, and report the same to the legislative assembly of the territory, by which they may be governed in their appropriations, and that every warrant shall be cancelled or paid in its own fiscal year out of the sums in the hands of the treasurer, and that no warrants shall be issued over and above the estimate of said auditor, duly reported to the legislative assembly.

Sec. 8. That all territorial warrants issued by the proper authorities of the territory shall draw interest at the rate of ten per cent. per annum, from and after the date of their presentation, until there are funds to pay said warrants in the hands of the treasurer.

Sec. 9. The territorial auditor of this territory is hereby forbidden to issue any warrant in favor of any person, drawing upon the territorial treasury for any sum, unless he is authorized by law expressly, in which the name of the party shall be specified, the nature of the service performed, and the amount specified for the performance of such service.

Sec. 10. That in case the territorial auditor shall issue any warrant, in favor of any person, contrary to the provisions of the preceding section of this act, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, in any court of competent jurisdiction in this territory, shall be fined in a sum not less than one thousand dollars, nor more than five thousand dollars, to be collected as in other cases provided by law, and shall forfeit all rights to hold or enjoy office in this territory.

CHAPTER XXVII.

COUNTY FINANCES.

(See post chapter 94.)

Sec. 1. County commissioners may bond indebtedness.

Sec. 2. What interest bonds to draw.

Sec. 3. May set apart revenue to pay bonds.

Sec. 4. Size of bonds.

Sec. 5. Duty of treasurer in taking up warrants.

Sec. 6. When bonds redeemable.

Sec. 7. County treasurers to enter county warrants presented for

payment.

Sec. 8. Treasurers, when to pay over to territory, to take dupli

cate receipts.

Sec. 9 County treasurer to post on door of office list of warrants. Sec. 10. County warrants presented to treasurer for payment.