pack animal or pack animals, not dealing in products of this territory, shall pay a license as follows: For the first wagon, fifteen dollars per month, and for every additional wagon, ten dollars per month; for the first pack animal, ten dollars per month, and for each additional pack animal, five dollars per month.

SEC. 10. Any person or persons who shall bring into this ter ritory one or more wagons, or one or more pack animals, loaded with goods, wares, merchandise or provisions, shall pay a license for each wagon, five dollars, for each pack animal fifty cents: Provided, That in all cases where such wagon or pack animal is subject to an ad valorem tax, according to the provisions of the revenue act of this territory, they shall not be liable for such license.

SEC. 11. Any person or persons bringing goods, wares, merchandise or provisions into this territory, having no fixed place of business therein, and shall sell, offer for sale on commission or otherwise, shall be deemed, for the purposes of this act, a transient merchant, and shall pay a license tax of one-quarter of one per cent. on the value of such goods, wares, merchandise or pro

visions.

SEC. 12. Any person or persons bringing, or procuring to be brought into this territory, any drove or droves of cattle, horses, mules, asses, sheep or swine, shall pay a license tax as follows: For each head of cattle, horses, mules or asses, one dollar; for each head of swine, twenty-five cents; for each head of sheep, twenty-five cents. Such license shall be collected in the county where such stock is found, and every person who shall deal in the same within this territory, shall pay a license of twenty dollars per quarter: Provided, Any person raising stock in this territory shall not be required to pay a license for selling the same.

SEC. 13. If any person or persons who, under the provisions of sections eleven and twelve of this act, is required to pay a license tax, mentioned therein, shall, without first having procured and paid license, sell any goods, wares or merchandise, or stock, mentioned in either of such sections, the person or persons purchasing shall be responsible for the license tax thereon, and shall pay the same to the tax collector of the county in which such transaction was made, upon the demand of such tax collector; and if such person or persons fail or refuse to pay the same, then such tax collector shall levy upon and sell sufficient of such

goods, wares, merchandise or stock, to pay such license, together with costs, such seizure and sales to be made in the manner prescribed by law for the collection of delinquent taxes: Provided, That if any person or persons having the custody of goods or stocks liable to levy and sale, under the provisions of this act, shall pay the license tax due from the owners of such goods or stocks, then he or they shall have lien upon such property, for the amount of such license, the tax so paid, together with reasonable compensation for trouble incurred in the premises, and may retain such amount out of any moneys that may be or may come into his hands, belonging to such person or persons for whom such license tax was paid.

SEC. 14. Every brewer or manufacturer of malt or spirituous liquors, or manufacturers of pop, beer, or drinks of any kind, put up in bottles, shall pay a license as follows: Those whose business amounts to one thousand dollars or over per month, shall constitute the first class, and shall pay a license of twenty dollars per month; and those whose business is under one thousand dollars per month, shall constitute the second class, and pay a license of five dollars per month.

SEC. 15. Any person or persons who shall keep any banking game, or other game of chance, or gaming table, wherein any money, or representatives of money, are used, bet or ventured at any game of chance or hazard, and not prohibited by the laws of this territory, shall pay a license of fifty dollars per month for each house so kept.

SEC. 16. Every butcher shall pay a license of seven dollars per month: Provided, That any butcher carrying on business more than two miles from any city, town or village, or in any city, town or village containing less than one hundred inhabitants, and whose monthly receipts are less than one thousand dollars, shall pay a license tax of ten dollars per quarter.

SEC. 17. Every keeper of a picture gallery, daguerreotypist, photographist, or other artist, shall pay a license of ten dollars per quarter.

SEC. 18. All incorporated roads, bridges or ferries, or water companies, or any other incorporated company not specified in the provisions of this bill, or any other company or association, or persons taking or receiving toll, whose quarterly receipts reach the

sum of five hundred dollars, shall pay a license tax of twenty dollars per quarter. Those whose quarterly receipts shall not exceed five hundred dollars, shall pay a license tax of ten dollars per quarter. Those whose quarterly receipts shall reach one thousand dollars, shall pay a license tax of forty dollars per quarter. Those whose quarterly receipts shall reach two thousand dollars, shall pay a license tax of eighty dollars per quarter. Those whose quarterly receipts shall reach five thousand dollars per quarter, shall pay a license tax of two hundred and fifty dollars per quarter. And those whose quarterly receipts reach ten thousand dollars, shall pay a license tax of five hundred dollars per quarter.

SEC. 19. Be it further enacted, That it shall be the duty of any corporate or other company receiving toll, to cause any president, secretary, chief officer or directors of said company or companies, four times in each year, to file with the treasurer of the county in which said company is located, doing business, or in which they have their office, a sworn statement of all their receipts and expenditures, and it shall be the duty of said treasurer to examine said report, and he shall have power to hear testimony for and against the same, and if he approve of the same, he shall proceed to collect the tax imposed by this act upon said company or corporation, as provided by law in other cases: Provided, This only refers to carrying out section eighteen of this act.

SEC. 20. That all male persons in this territory, who are now, or who may hereafter be engaged in the laundry business, shall pay a license of fifteen dollars per quarter.

SEC. 21. Any person or company who shall bring and discharge from any steamer or other water craft a cargo of goods, wares or merchandise, in any port or landing in this territory, whose register tonnage shall be one hundred and fifty tons and under, shall pay a license of thirty dollars for each cargo so discharged; and those whose register tonnage shall be one hundred and fifty tons, shall pay a license of forty dollars for each cargo so discharged; and those whose register tonnage shall be two hundred tons and over, shall pay a license of fifty dollars for each cargo so discharged: Provided, That all steamers on the Pen D'Oreille or Flat Head river, and all steamers freighting from and to ports in this territory, shall pay a license of five dollars on each cargo so discharged.

SEC. 22. That for the purpose of preventing the evasion of the license required to be collected by the provisions of this act, all billiard tables, bar fixtures and furniture, belonging to or in use for carrying on the business of any billiard hall, drinking saloon, restaurant or eating house, are held liable for the amount due for the licenses and taxes assessed on the same; and it is hereby expressly provided, that upon the failure of any one keeping any such establishment, or exercising ownership thereon, to pay the license of the same in manner and form provided by law, the treasurer of the county where such establishment may be located, or any properly authorized officer whose duty it shall be to enforce the collection of any such license, may seize any such tables, bar fixtures, and such appurtenances, and shall proceed to sell, as upon executions at law, any such article, or so much thereof as may be required for the payment of such tax or license as may be due and owing on account of same.

SEC. 23. Every person who shall carry on the lottery or gift or prize distribution business, within this territory, shall pay a license of fifty dollars per quarter; and every person who shall offer for public raffle, any species of property in this territory, shall pay a license tax for each particular species of property so offered, the sum of ten dollars.

SEC. 24. All keepers of mineral, hot or warm springs, when the same are used for bathing purposes, shall pay a license of ten dollars per month, and all keepers of bath houses, or bathing establishments other than springs, shall pay a license of ten dollars per quarter.

SEC. 25. That any company having a line or lines of telegraph in the territory, shall pay a license as follows: On every business office kept in any city, town or village, containing a population of three hundred persons and over, shall pay a license of ten dollars per month. All other telegraph offices kept on roads or stations, where general business is transacted, shall pay a license of five dollars per month, said license to be procured in the counties where the said offices are established.

SEC. 26. Any person or persons who shall transact any business, trade, or occupation, or profession, for which a license is required by this act, without first obtaining the same, shall be deemed guilty of a misdemeanor, and upon conviction before any court

having competent jurisdiction, be fined in any sum not less than ten dollars, nor more than one hundred dollars, and stand committed until such fine shall be satisfied, and like proceedings shall be had thereon in cases of misdemeanor as prescribed by law.

SEC. 27. This act to take effect and be in full force from and after its passage.

Approved January 15, 1869.

AN ACT to amend an Act entitled "An Act to regulate Proceedings in Civil Cases in Courts of Justice of Montana Territory," approved December 23, 1867.

Be il enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That section eighteen, of the act to which this is amendatory, be amended by adding the following to said section: "Provided, also, That all actions, both real and personal, arising under the provisions of said eighteenth section, in any county which may be attached to another county for judicial purposes, shall be commenced and tried in the county to which said county may be attached: Provided, further, The same be not within the jurisdiction of the probate court of said county, so attached for judicial purposes."

SEC. 2. That section twenty of said act be amended by inserting the following words: "or where the plaintiff resides, and the defendant or any of them may be found," between the words "action" and "or," as found in the published acts of the territory of Montana, passed at the fourth session, and in the third line of said section.

SEC. 3. That section thirty of said act be amended by adding the following to said section: "Provided, That in the absence of the judge of the district court from the county, it shall be the duty of the clerk of said court to receive the affidavit prescribed in said section, and he shall then have power and it shall be his duty to make the order of publication, which shall have the same force and effect as if made by the judge of said court."