offending shall forfeit for every such offence the sum of ten dollars, to be recovered before any justice of the peace, or court having competent jurisdiction. If any person shall wilfully mark or brand the cattle, horses, mules, asses, hogs, or sheep of any other person with his own brand or mark, or shall wilfully deface, destroy, or alter such mark of any other person, he or she shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be fined in any sum not exceeding five hundred dollars, and be imprisoned in the county jail not less than thirty days nor more than one year.

SEC. 4. That nothing herein shall be so construed as to prevent one person from using the brand of another person, with their consent first obtained.

SEC. 5. All fines and penalties incurred by the provisions of this act shall be paid into the county treasury for the use of common schools.

SEC. 6. All laws or parts of laws conflicting with this act are hereby repealed.

SEC. 7.

its passage.

This act shall take effect and be in force from and after

[Approved February 1, 1865.]

AN ACT concerning Jails and Prisoners thereof.

Inis Set follows Idaho Jan 13, 1864

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

SEC. 1. There shall be built or provided, and kept in good repair, in each county, one common jail, at the expense of the county.

SEC. 2. The county commissioners shall have the care of building, inspecting and repairing such jail, and shall, once every three months, inquire into the state, as respects the security thereof, and the treatment and condition of prisoners, and shall take all necessary precaution against escape, sickness or infection.

SEC. 3. The sheriff shall have the custody of the jail in his county, and of the prisoners therein, and shall keep the same, per

sonally or by his deputy, for whose debts he shall be responsible, and shall furnish, at the expense of the proper county, all necessary sustenance, bedding, clothing, fuel, and medical attendance for the prisoners committed to his custody, and the county commissioners shall allow him reasonable compensation out of the county treasury, not exceeding three dollars per day for the support of all prisoners confined on criminal process.

SEC. 4. The sheriff may appoint a jailer, who, in the absence or disability of the sheriff, shall have the custody of the jail and the prisoners.

SEC. 5. In case of the death, resignation or removal of the sheriff, the person provided for by law to supply his place, shall have charge of the county jail of his proper county, and all persons by law confined therein, and such sheriff or other officer is hereby required to conform in all respects to the provisions of this act.

SEC. 6. If any sheriff or jailer shall defraud any prisoner of his allowance, or shall not provide a reasonable allowance and accommodation, he shall forfeit fifty dollars for each offence, to be recovered by an action for debt by the county commissioners for the use of the county.

SEC. 7. The sheriff, or other officer performing the duties of sheriff, shall, five days previous to the opening of the district court in the district in which his county is situated, return to the commissioners of his county a certified list of the names of all prisoners then in his custody, with the time and cause of their confinement, and the length of the term for which they were committed, and he shall also return to said commissioners within five days after the close of said term of court, the name and cause, and term of commitment of every prisoner committed during said term of court, and any jailer who shall neglect to make such return, for every such neglect shall pay a fine not to exceed fifty nor less than twenty dollars, to be imposed at the next term of said court, on information of said commissioners of such neglect, and such fine shall go to the county.

SEC. 8. Persons may be committed under the authority of the United States to any jail in this Territory, upon payment of the expenses of supporting such prisoners, ten dollars per month to the county, for the use of the jail, and all legal fees to the jailer, and

the sheriff shall receive such prisoners and subject them to the same discipline and treatment, and be liable for any neglect of duty, as in the case of other prisoners, but the county in no case shall be liable for the escape of such prisoner or prisoners.

SEC. 9. Whenever any prisoner under conviction for any criminal offence shall be confined in jail for any liability to pay any fine, forfeiture, or costs, or to procure sureties, the district court, upon satisfactory evidence of such inability, may in lieu thereof, confine such person in the county jail at the rate of five dollars per day until the forfeiture or costs so imposed shall be satisfied; and in such case the sheriff may procure chains for the safe keeping of such prisoner or prisoners, and hire out or put to labor such prisoner or prisoners, and shall charge the earnings of the same to himself for the sustenance of said prisoners, and any surplus that may accrue from such labor shall be paid into the county treasury to the credit of said prisoner.

SEC. 10. Whenever from any sufficient cause the sheriff shall think it expedient that the prisoner be removed from the jail of his county, on application in writing to the governor of the Territory by the sheriff and commissioners of such county, the governor may order such prisoner to be removed to some other jail, anywhere within the Territory, there to be detained in the same manner as in the jail from whence they were moved, until remanded back by a similar process, or discharged according to law.

SEC. 11. All the expenses of removing and maintaining prisoners, incurred under the preceding section, shall be defrayed by the county from which they were so removed.

SEC. 12. This act shall take effect and be in force from and after its passage and approval by the governor.

[Approved February 2, 1865.]

1

Amended Mo\ 86

AN ACT to prevent Officers from dealing in certain securities.

This Act follows Idaho Jan 22, 1864

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

SEC. The Territorial treasurer and auditor, and the several

county, city or town corporation officers in

горо

Territory, are here-mended by expressly prohibited from purchasing or selling, or in any manner receiving to their use and benefit, or the use and benefit of any person or persons whatever, any Territory, county or town warrants, scrip, orders, demands, claim or claims or other evidence of indebtedness against the Territory, or county, or any city or town thereof.

SEC. 2. The Territorial treasurer and auditor, and all county, city or town corporation officers, are prohibited from purchasing, or being interested in, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person or by or through the agency or means of any person or persons whatever, any interest, claim, demand, or other evidence of indebtedness against the Territory, or any county, city or town corporation thereof, either directly or indirectly; nor shall any clerk or employe of any such officer or officers, nor the commissioners employed or to be employed to fund any county, city or town corporation indebtedness, be allowed to make any purchase, sale, or transfer, or bargain in any manner for any Territory, county, city or town corporation indebtedness, be allowed to make any such purchase, sale, or transfer, or bargain in any way or manner for any Territory, county, city or town corporation warrants, scrip, demands, or other evidences of indebtedness, against the Territory, or any county, city or town corporation thereof.

SEC 3. It shall be the duty of the Territorial treasurer, and the several county, city or town corporation treasurers of the Territory, to refuse to redeem any warrants against the Territory, or any county, city or town corporation thereof, when it shall come to their knowledge that such warrants, scrip or other evidences of indebtedness have been purchased, sold, received, or transferred, in violation of the provisions of this act.

Repealed

right to sell or transfer any evidences of public indebtedness, which may be issued according to law and held by such officers for services rendered by them, to the Territory, county, or town corporation legally and justly due, and this act shall not be deemed to prevent the purchase, sale and transfer of any funded public indebtedness whatever of the Territory, or of any county, city or town corporation, sit a web br

SEC. 5. It shall be the duty of any officer charged with the disbursement of any public moneys, or any evidences of public indebtedness, when he shall be informed by affidavit of the violation of any of the provisions of this act, by any officer or any agent or employe of said officer, whose account is to be settled, audited or paid by him, to withhold any settlement or payment of the same, and to cause said officer, or any agent or employe of said officer, to be prosecuted for a felony, and on conviction of any officer, or any agent or employe of said officer, guilty of any violation of the provisions of this act, he shall be punished by a fine of not less than five hundred dollars, and shall be imprisoned in, the Territorial prison, not less than two months. Such conviction shall operate as forfeiture of office, and the party convicted shall forever be disqualified from holding any office of trust or profit in this Territory. Any person giving information which may lead to the conviction of any person, under the provisions of this act, shall be entitled to one-fourth of any fine assessed upon and collected from any such officer, or agent or employe of said officer. The balance of said fines shall be paid into the county treasury of the several counties. SEC. 6. This act shall take effect, and be in force, from and after its passage.

[Approved February 2, 1865.]