geese or ducks, ing certain months. fifty dollars, nor more than two hundred and fifty dollars for each offense committed. Killing wild- Sec. 5. That any person or persons who shall unlawful dur wilfully shoot, or otherwise kill or cause to be killed, any of the varieties of wild geese or ducks, which at any season of the year are to be found within the territory, between the 15th day of May and the 10th day of August, of each year, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than fifty dollars nor more than two hundred and fifty dollars for each offense committed. Penalty. Destruction of singing birds Sec. 6. That for the next four years from May unlawful. 1st, A. D. 1876, it shall be unlawful for any person or persons to wilfully kill or cause to be killed, or destroyed in any manner whatever, any robin, meadow-lark, thrush, goldfinch, flicker, or yellowhammer, black-bird, oriole, snow-bird, or any other of the small birds commonly known as singing birds, within this territory, and upon conviction thereof, any person or persons so convicted shall be fined in any sum not less than five dollars nor more than twenty-five dollars for each offense committed. Penalty. Possession of dead birds, Sec. 7. That the possession of the dead bodies, prima facia evi. or any part thereof, of any animals or birds mendence of guilt. tioned in this act, by any person or persons, shall be taken as prima facia evidence that such person or persons are guilty of killing the same. Prescribes the catching fish. Sec. 8. That a fishing tackle consisting of a rod lawful way of or pole, line and hook, or spear, shall be the only lawful way that fish can be taken in any of the streams of this territory; it shall, however, be law. ful to use a seine in the Missouri and Jefferson rivers, and in the Beaver-Head, up to the Beaver-Head rock, and in North Boulder creek for ten miles. above its mouth. Sec. 9. That said hook shall not be baited with Bait for fish not to be poiany drug or substance poisonous to any kind of soned. fish. make dams or ing fish. Sec. 10. That it shall be unlawful for any person unlawful to in the territory of Montana to make any dams or traps for catchuse any fish-traps or any similar means of catching fish, or to use any drug, poison, or giant-power, or explosive compound intending to catch, kill or destroy any species of fish. lating sections Sec. 11. Any person or persons, company or Penalty for viocorporations offending against sections eight, nine 8, 9, and 10. and ten of this act, or either of them, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than fifty dollars, nor more than two hundred and fifty dollars, for each offense committed. stage compa common carri fish unlawfully Sec. 12. Any person, or persons, stage or ex- Penalty for press company, or association of persons, who shall nies or other receive for transportation or carriage, or shall sell er transporting or offer for sale, fish that have been caught, taken caught. or killed contrary to the provisions of this act, knowing, or having reason to believe, that such fish were so illegally caught, taken or killed, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than fifty dollars, nor more than two hundred and fifty dollars for each lot or shipment of fish so transported or carried. posed of. Sec. 13. That all fines mentioned in any section Fines under of this act, shall be recovered, with costs of suit, in act, how discivil actions, in the name of the territory of Montana, before any court having competent jurisdiction. One half of all fines so collected shall be paid into the county treasury of the county in which the offense was committed, for the benefit of the common schools of such county, and one half shall be paid to cution; offendthe person or persons making complaint of the prisoned. commission of such offense. All such fines and No stay of exe er may be im Grand jury to inquire into vi act. Duty of district costs shall be collected with stay of execution, and such defendant or defendants may, by order of the court, be confined in the county jail until such fines and costs are paid. Sec. 14. That it shall be the duty of the grand olations of this jury to diligently seek out and investigate all infractions of any provision or provisions of this act (except such cases and infractions as may have been already tried before some court having competent jurisdiction) and upon due proof of the infraction of court to call at- any of the said provisions they shall proceed to ingrand jury to dict such party or parties according to law, and it is hereby made the duty of the court to call the attention of the grand jury to the provisions of this act. And the district court shall have concurrent jurisdiction with the probate court of all offenses committed under the provisions of this act. tention of this act. Repeating clause. Sec. 15. That any act to provide against the killing of game and catching of fish, approved May 2d, 1873, be, and the same is hereby repealed. Sec. 16. That this act shall take effect and be in force from and after its passage. Approved February 5, 1876. Insane person may be remov in certain cases the territory. INSANE. AN ACT in relation to the management of insane persons in the territory of Montana. Be it Enacted by the Legislative Assembly of the Territory of Montana: Sec. 1. That hereafter whenever the friends or ed from asylum relatives of any inmate of the Montana insane asylum at expense of shall apply for assistance or permission to remove any patient in said asylum from thence to his or her friends or relatives in any state or territory, the governor of this territory is hereby authorized and empowered to have such insane person conveyed to his or her relatives or friends, at the expense of the territory of Montana, if he shall deem such action conducive to the interests of this territory and the welfare of the insane person. warrant to pay Sec. 2. That the territorial auditor be, and he is Auditor to draw hereby, authorized and instructed to draw warrants expenses of reon the territorial treasury in favor of the governor of this territory for such amounts and at such times as may be required for the purpose mentioned in the first section of this act. moval. Sec. 3. All acts and parts of acts conflicting Acts repealed. with the provisions of this act, be, and the same are hereby, repealed. Sec. 4. This act to take effect and be in force from and after its passage. Approved February 8, 1876. INSANE-GUARDIANS. AN ACT to provide for the appointment of guardians of persons insane. Be it Enacted by the Legislative Asembly of the Territory of may appoint guardians for Sec. 1. That the probate courts in the several Probate courts counties of this territory shall have jurisdiction to insane and non appoint guardian for the person and state of persons compos persons, adjudged insane or non compos mentis, and all of the provisions of chapter 28 of the codified statutes of Montana, approved January 12, 1872, relating to the subject of guardian and ward, so far as the same are applicable, shall apply to, and be in force in cases of guardianship contemplated in this act. Sec. 2. This act shall take effect and be in force from and after its passage. Approved February 11, 1876. Unlawful to sell or give away liquors on gen day. INTOXICATING LIQUORS. AN ACT to prohibit the traffic in intoxicating liquors on general election days. Be it Enacted by the Legislative Assembly of the Territory of Montana. Sec. 1. That hereafter it shall be unlawful for intoxicating any person, either as principal, agent, or otherwise, eral election on any general election day to sell, barter, give or furnish, or cause to be furnished to any person or persons whomsoever, any spirituous or malt liquors, wine or cider, or any intoxicating liquors or intoxicating drinks of any kind or character. Penalty for violation of section 1. Act not to in clude sales of Sec. 2. That each and every person violating any of the provisions of this act, shall, for each offense, upon conviction thereof, be punished by a fine not less than ten dollars, nor more than two hundred and fifty dollars. Sce. 3. The provisions of this act shall not be liquors for me- construed to include druggists or other persons who dical purposes. shall in good faith sell or dispose of the articles herein before mentioned for medicinal or mechanical chanical or me purposes only. Sec. 4. This shall take effect and be in force from and after its passage. Approved February 11, 1876. |