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or precinct shall have jurisdiction of all such reclamation of ani-
mals, together with the damages, expenses of keeping and posting
the same, when the amount claimed does not exceed one hundred
dollars.

SEC. 3. When two or more persons shall cultivate lands under
one inclosure, neither of them shall place or cause to be placed any
animal on his, her, or their, ground, to the injury or damage of
the other or others, but shall be liable for all damages thus sus-
tained by the other or others, and if repeated after due notice is
given, and for every subsequent repetition, double damages, to be
recovered in any court having jurisdiction.

SEC. 4. This act shall be in force from and after its passage.
[Approved January 9, 1865.]

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AN ACT creating the office of District Attorney, in each of the organized judicial
districts of Montana Territory,

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22 1864

SEC. 1. There shall be a district attorney for each of the organized districts as now established by law. They shall hold their offices for the term of two years, and until their successors are elected or appointed as required by law.

SEC. 2. They shall each, before entering upon the duties of their offices, execute and file with the judge of their respective districts, a bond, to be approved by said judge, with one or more sureties, in the sum of five thousand dollars, conditioned that they will well and truly pay over all moneys collected by them as such district attorneys, and for the faithful performance of their duties; which bond shall be forwarded, by said judge, and filed in the office of the secretary of the Territory.

SEC. & They shall be public prosecutors in their respective districts, and shall sign all bills and indictments that may be found by the grand jury, and prosecute on behalf of the people, all publie prosecutions, wherein the people of this Territory are a party SEC. 4. They shall, when required by any member of the grand

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AN ACT designating the time for holding a term of the district court in Madison

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Be it enacted by the Legislative Assembly of the Territory

of Montana:

SEC. 1. That the first term of the district court for the county of Madison for the present year shall commence on the second Monday in March next, instead of the first Monday in February, as designated by the governor's proclamation, and at such other times. as may hereafter be prescribed by law.

SEC. 2. All writs and other process heretofore returnable to the

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February term shall be returned to the term of court to commence on the second Monday in March.

SEC. 3. This act shall be in force from and after its passage. [Approved January 10, 1865,]

AN ACT to prevent betting and gambling.

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

SEC. 1. That if any person shall deal, play at, or make any bet or wager for money, or other things of value, at any of the games called or known as "three card monte," "strap game," "thimble rig game," "patent safe game," "black and red game,"

- commonly known as the "ten dice game," any dice game, two card box at "faro," or any similar game or games, or shall induce, or attempt to induce, any person whatever to make any bet or wager at any such game, any such person so offending shall, on conviction, be punished by imprisonment for a term not exceeding five years in the county jail, or by fine not exceeding one thousand dollars, or both such fiue and imprisonment, by any court of competent jurisdiction.

SEC. 2. If the keeper of any house, shop, tent, saloon, booth, or other place, shall knowingly permit any of the games mentioned in the preceding section, or any game of similar character, or any other game or games where fraud or cheating is practiced, or where loaded dice, marked cards, or waxed cards are used, within said house, shop, tent, saloon, booth, place, or enclosure, every such person so offending shall, on conviction, be punished by fine not exceeding one thousand dollars, and shall forfeit any license he may have obtained to keep any tavern, saloon, shop, or other place.

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

[Approved January 11, 1865.]

AN ACT relating to fords.

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

SEC. 1. That no charter for ferry or bridge company granted by the legislature of this Territory shall be so construed as to authorize such company to exclude or prevent the public from the free use of any ford that may cross any stream at or near the ferry or bridge of said company.

SEC. 2. The owner or keeper of such bridge or ferry shall not in any way obstruct the passage to or from any ford across any stream; and any person, upon conviction of thus obstructing any fording or ford in any manner whatsoever, shall be liable to a fine of not less than fifty dollars nor more than one hundred dollars. SEC. 3. This act to take effect and be in force from and after its passage.

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AN ACT to prevent the carrying of concealed deadly weapons in the cities and towns of this Territory.

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

SEC. 1. If any person shall within any city, town, or village in this Territory, whether the same is incorporated or not, carry concealed upon his or her person any pistol, bowie-knife, dagger, or other deadly weapon, shall, on conviction thereof before any justice of the peace of the proper county, be fined in any sum not less than twenty-five dollars nor more than one hundred dollars.

SEC. 2. The provisions of this act shall not be construed to apply to sheriffs, constables, or police officers.

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

[Approved January 11, 1865.]

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AN ACT adopting the common law of England.

See Idaho Jan 4, 1864

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

SEC. 1. That the common law of England, so far as the same is applicable and of a general nature, and not in conflict with special enactments of this Territory, shall be the law and the rule of decision, and shall be considered as of full force until repealed by legislative authority.

SEC. 2. This act shall be in force from and after its passage. [Approved January 11, 1865.]

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

SEC. 1. Any person stopping or taking up any kind of water craft or timber, logs or lumber, adrift upon any water-course within or upon the borders of this Territory, or lodged upon the shore or bank thereof, or any stray beast, or finding any money or personal property, shall proceed forthwith as follows:

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SEC. 2. If the property does not exceed ten dollars in value he shall put up two written advertisements, containing a notice of the finding, and description of the property, in two public places of the township where it is found, and file one such notice in the county clerk's office; and if no owner appears within six months from advertisement and proves his property and pays the reasonable charges the property shall vest in the finder.

SEC. 3. If the property exceeds ten dollars, and does not excecd thirty dollars in value, the finder shall, within five days after the finding, appear before a justice of the peace of the county, or the county clerk, and make a written statement, setting forth the

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