the United States or of this territory, or by order of any court, such person, on conviction, shall be fined not more than one hundred dollars, nor less than twenty dollars, or be imprisoned in the county jail not more than one month: Provided, This section. shall not extend to defacing, tearing down, obliterating, or destroying any law, proclamation, publication, notification, advertisement, or order after the time for which the same was by law to remain set up shall have expired. Sec. 149. If any person shall have found upon him or her any pick-lock, crow-key, bit, or other instrument or tool, with intent feloniously to break and enter into any dwelling-house, store, shop, warehouse, or other building containing valuable property, or shall be found in any of the aforesaid buildings, with intent to steal any money, goods, and chattels, every person so offending shall, on conviction thereof, be imprisoned in the territorial prison for a term not less than one year, nor more than five years. if any person shall have upon him or her any pistol, gun, knife, dirk-knife, bludgeon, or other offensive weapon, with intent to assault any person, every such person, on conviction, shall be fined not more than one hundred dollars, or imprisoned in the county jail not more than three months. And Sec. 150. Every male person above eighteen years of age who shall neglect or refuse to join the posse comitatus, or power of the county, by neglecting or refusing to aid and assist in arresting or taking any person or persons against whom there may be issued any process, or by neglecting to aid or assist in re-taking any person or persons who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offence, being thereto lawfully required by the sheriff, deputy sheriff, coroner, constable, judge, justice of the peace, or other officer concerned in the administration of justice, shall, upon conviction, be fined in any sum not less than fifty nor more than one thousand dollars, or shall be imprisoned in the county jail for a period of thirty days, or both such fine and imprisonment. Sec. 151. If any person shall knowingly sell any kind of diseased, corrupted, or unwholesome provisions, whether for meat or drink, without making the same fully known to the buyer, he shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. Sec. 152. If any person shall fraudulently adulterate, for the purpose of sale, any substance intended for food, or any wine, spirits, or malt liquor, or other liquor, intended for drinking, with any substance injurious to health, he shall be punished by impris onment in the county jail not more than one year, or by fine not exceeding two hundred dollars, and the article so adulterated shall be forfeited and destroyed. Sec. 153. If any person shall fraudulently adulterate, for the purpose of sale, any drug or medicine, or sell any drug or medicine knowing it to be adulterated, or offer the same for sale, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding three hundred dollars; and such adulterated drugs and medicines shall be forfeited and destroyed. Sec. 154. If any physician, or other person, while in a state of intoxication, shall prescribe any poisonous drug or medicine to another person, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. Sec. 155. Every apothecary, druggist, or other person, who shall sell or deliver any arsenic, corrosive sublimate, prussic acid, or any other active poison, without having the word "Poison," and the true name thereof in English, written or printed upon a label attached to the vial, box, or parcel containing the same, shall be punished by a fine not exceeding two hundred dollars. Sec. 156. That if any person shall exchange, give, barter, or dispose of any spirituous liquors or wine and beer to any troops of the United States, serving within the limits of this territory, except such supplies as may be ordered by the officers of the United States army, under the direction of the war department, such person, on conviction thereof before the district court of the United States, or before any court of competent jurisdiction of this territory hereafter to be formed, shall be imprisoned for a period not to exceed one year, and be fined in the sum of five hundred dollars. Sec. 157. If any person who has been mustered into the United States service shall put off the uniform and other badges by which he is known and designated from a civilian, and with the intention to deceive, and shall obtain any spirituous liquor or wine and beer from any person, it shall be the duty of the marshal, sheriff, or any police officer of the territory of Montana, upon complaint being made, to arrest, or cause to be arrested, such person, and keep him in custody until the commanding officer of the company to which he belongs shall apply for his release. Sec. 158. If any person, against whom complaint has been made for the violation of section one hundred and fifty-six of this act, can establish, by a good and competent witness, that spirituous liquor or wine and beer were obtained from him deceitfully, by a soldier who did not wear, at the time of obtaining such spirituous liquor or wine and beer, a uniform, or other badges used to distinguish him from a civilian, and that he did not know such person to be a soldier, such person, so complained against, shall not be liable to the penalties enumerated in this act. CHAPTER XI. OFFENCES COMMITTED BY CHEATS, SWINDLERS, AND OTHER FRAUDULENT PERSONS. Sec. 159. Fraudulent conveyances. Sec. 163. False weights and measures. Sec. 164. Debtor fraudulently removing, concealing, or selling property. Sec. 165. Fraudulently disposing of or concealing property during suit, or after judgment. Sec. 166. Keeping or using false scales or weights for weighing gold. Sec. 167. Refusing to account for proceeds of quartz mill, aras tra, &c. Sec. 168. Certain games prohibited. Sec. 169. Keeper of house, shop, saloon, &c., violating section one hundred and sixty-eight. Sec. 170. Selling fire arms and ammunition to hostile Indians. Sec. 159. All and every person who shall be a party to any fraudulent conveyance of any lands, tenements, or hereditaments, goods, or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment, or execution, contract, or conveyance had, made, or contrived with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands, or who, being parties as aforesaid, at any time shall willingly put in use, avow, maintain, justify, or defend the same, or any of them, as true, and done, had, or made in good faith, or upon good consideration, or shall alien, assign, or sell any of the lands, tenements, hereditaments, goods, chattels, or other things before mentioned, to him, her, or them conveyed as aforesaid, or any part thereof, he, she, or they so offending shall, on conviction thereof, be fined in any sum not exceeding one thousand dollars, or imprisonment in the county jail not less than six months. Sec. 160. If any person, by false representation of his own wealth, or mercantile correspondence and connections, shall obtain a credit thereby, and defraud any person or persons of money, goods, chattels, or any valuable thing, or if any person shall cause or procure others to report falsely of his wealth or mercantile character, and, by thus imposing upon any person or persons, obtain credit, and thereby fraudulently get into the possession of goods, wares, or merchandise, or other valuable thing, every such offender shall be deemed a swindler, and, on conviction, shall be sentenced to return the property so fraudulently obtained, if it can be done, and shall be fined not exceeding one thousand dollars, and imprisonment in the county jail not more than six months. Sec. 161. If any person or persons shall knowingly and designedly, by any false pretence or pretences, obtain from any other person or persons any chose in action, money, goods, wares, chattels, effects, or other valuable thing, with intent to cheat or defraud any such person or persons of the same, every person so offending shall be deemed a cheat, and, on conviction, shall be fined not exceeding one thousand dollars, and imprisoned in the county jail not more than six months, and be sentenced to restore the property so fraudulently obtained, if it can be done. Sec. 162. Any person or persons after once selling, bartering, or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agreement for the sale of lands, or town lot or lots, who shall again knowingly or fraudulently sell, barter, or dispose of the same tract or tracts of land, or town lot or lots, or any part thereof, or shall knowingly or fraudulently execute any bond or agreement to sell or barter or dispose of the same land, or lot or lots, or any part thereof, to any other person or persons, for a valuable consideration, every such offender, upon conviction thereof, shall be punished by imprisonment in the territorial prison not less than one year, nor more than five years. Sec. 163. If any person shall knowingly sell any goods, wares, or merchandise, or any valuable thing, by false weight or measure, or shall knowingly use false measures at any mill in taking toll for grinding corn, wheat, rye, or other grain, he or she shall be deemed a common cheat, and, on conviction, shall be fined not exceeding two hundred dollars, and imprisoned in the county jail not more than six months. Sec. 164. If any debtor shall fraudulently remove his property or effects out of this territory, or shall fraudulently sell, convey, assign, or conceal his property or effects, with intent to defraud, hinder, or delay his creditors of their just rights, claims, or demands, he shall, on conviction, be punished by imprisonment in the county jail for any term not exceeding six months, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. Sec. 165. Any person against whom an action is pending, or against whom a judgment has been rendered, for the recovery of any personal property or effects, who shall fraudulently conceal, sell, or dispose of said property or effects, with intent to hinder, delay, or defraud the person bringing such action, or recovering such judgment, or shall, with such intent, remove such property or effects beyond the limits of the county in which it may be at the time of commencement of such action, or the rendering of such judgment, shall, on conviction, be punished as provided in the next preceding section. Sec. 166. If any person shall knowingly have, keep, or use any false or fraudulent scales or weights for weighing gold, or gold dust, every person so offending shall be fined in any sum not exceeding one thousand dollars, nor less than one hundred dollars, or imprisonment not more than one year, or both, at the discretion of the court. Sec. 167. If any owner, manager, or agent, of any species of quartz mill, arastra furnace or cupel employed in extracting gold from quartz, pyrites, or other minerals, who shall neglect or refuse to account for, or pay over and deliver all the proceeds thereof to the owner of such quartz, pyrites, or other minerals, excepting such portion of said proceeds as he is entitled to in return for his services, he shall, on conviction, be fined in any sum not exceeding one thousand dollars, or imprisoned not more than one year, or both, at the discretion of the court, for each such offence. Sec. 168. 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," thimblerig 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 fine and imprisonment, by any court of competent jurisdiction. Sec. 169. 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 practised, 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. 170. Any person who shall, after the passage of this act, sell, barter, give, or in any manner dispose of, any fire-arms or ammunition of any description whatever, to any hostile Indians |