election held pursuant to any election laws of this territory, towards any elector, to hinder or deter him from voting at such election, or shall attempt by any means whatever to awe, restrain, hinder, or disturb any

elector in the free exercise

of the right of suffrage, he shall, upon conviction thereof, be fined in any sum not less than fifty nor exceeding five hundred dollars.

Penalty for

at election.

Penalty for

election

Sec. 58. Any person wilfully, corruptly, or falsely swearing or affirming before the board of false swearing judges of election, or any member thereof, or the clerk, while in session or in holding an election, shall be deemed guilty of perjury, and on conviction shall be punished. If any member of any board of judges, or clerks, of election, or any other person in any manner concerned in conducting an the violation of election, shall wilfully and corruptly violate any of this act by any the provisions of this act, the penalty for which is not herein prescribed, or be guilty of any fraud, deceit, or abuse in the execution of the duties of his office, the penalty for which is not herein prescribed, he shall be punished for each and every offense whereof he shall be convicted, by imprisonment in the territorial prison for a term not less than one nor more than five years; or shall pay a fine of not less than fifty nor more than five hundred dollars, in the discretion of the court.

Sec. 59. That all acts and parts of acts in conflict Acts repealed. with the provisions of this act, be, and the same are

hereby, repealed.

Sec. 60. This act shall take effect and be in force

from and after its passage.

Approved February 11, 1876.

ELECTIONS.

AN ACT to prevent the purchase and sale of votes.

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

Sec. 1. That no person shall purchase, or atVotes not to be tempt to purchase, either with money or any other valuable thing, the vote of any elector of the territory of Montana.

sold or purchased.

Fixes the only

which candi

tribute money

ing.

Sec. 2. That no elector of the territory of Montana shall sell, or attempt to sell, either for money or any other valuable thing, his vote to any person whatever.

Sec. 3. That no person who shall hereafter be a purposes for candidate for any office whatever in the territory of dates may con- Montana, shall pay or contribute, either directly or for electioneer- indirectly, any money or other valuable thing, or knowingly allow it to be done by others for him, either for the nomination, election, or appointment thereto, except for necessary expenses, as follows, to-wit: First, for printing and traveling expenses. Second, for the dissemination of information to the public. Third, for political meetings, demonstrations and conventions. The foregoing expenses may be incurred either in person or through other individuals or committees of organizations duly constitued for the purpose, but nothing contained in this act shall be so construed as to authorize the payment of money or other valuable thing for the vote or influence of any elector of this territory, either directly or indirectly, at any election or nominating convention, or for any corrupt purpose whatever, incident to an election; and all officers hereafter elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe the following oath :

Oath of officers.

"I do solmnly swear (or affirm) that I will support, protect and defend the constitution of the

United States, and the organic act of the territory of Montana, and that I will discharge the duties of my office with fidelity; that I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing, to procure my nomination or election (or appointment) except for necessary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this territory, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or non-performance of any act or duty pertaining to my office, other than the compensation allowed by law."

be administer

The foregoing oath shall be administered to the same, how to members of the council and house of representatives ed. in the hall of their respective houses, by a judge of the supreme court, and filed by him in the office of the secretary of the territory.

In the case of all other territorial officers, this oath shall be administered by the governor, and filed in the office of the secretary of the territory. In the case of all other officers this oath shall be administered by some person authorized by law to administer oaths, and shall be filed in the office of the clerk of the county in which said officer was elected.

Penalty for vi

Sec. 4. Every person violating either section one or two of this act, or both, shall be deemed olation of act. guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than one hundred dollars, nor more than five hundred dollars, and to imprisonment in the penitentiary for not less than three months, nor more than one year, or both or either, at the discretion of the court.

false swearing.

Sec. 5. Any person refusing to take the oath Penalty for prescribed in section three of this act, shall forfeit his office; and any person who shall be convicted

of having sworn or affirmed falsely, or of having violated said oath or affirmation, shall be guilty of perjury, and be punishable therefor as provided by law, and be forever disqualified from holding any office of trust or profit within this territory.

Sec. 6. That it is hereby made the duty of the district attorney, for that district in which an of fense against any of the provisions of this act may have been committed, to bring an action in the name of the territory of Montana, against any person or persons so offending.

Sec. 7. All acts and parts of acts in conflict with the provisions of this act be, and the same are hereby, repealed.

Sec. 8. This act shall take effect and be in force from and after its passage.

Approved February 8, 1876.

One assessor to be elected in each county.

Assessor to give bond.

ELECTIONS.

AN ACT providing for the election of county assessors.

Be it Enacted by the Legislative Assembly of the Terri tory of Montana:

Sec. 1. There shall be elected in each of the counties of this territory at the next general election, and biennially thereafter, one assessor, who shall hold his office for the term of two years and until his successor is elected and qualified: Provided, That all assessors elected at the first general election after the passage of this act, shall not take office until after the expiration of the term of the present incumbents in their respective counties.

Sec. 2. Each county assessor shall, before entering upon the duties of his office, give a bond in a sum not less than two thousand dollars, or more, if the county commissioners so elect, with two or more

Bond approved

posited with

not qualify, of

sufficient sureties, conditioned for the faithful performance of his duties according to law and to the satisfaction of the county commissioners, and shall take and subscribe an oath of office, which shall be endorsed on such bond. The bond must be ap-by commis proved by the commissioners, and shall be deposited sioners and dewith the county clerk. Said assessor shall give the clerk. bond and take the oath of office herein required, on or before the second Monday after his election, and if the county clerk receive no notice of the qualification of such assessor on or before the said second Monday after the election, the office shall be declared if assessor do vacant; or if there be a failure to elect by the fice deemed vaple, or if there shall be at any time, or from any cause, a vacancy in the office of assessor, or if said assessor having qualified shall fail to proceed to Assessor failing the discharge of the duties of his office before the duties, comfirst day of February in each year, the county com- ble person in missioners shall forthwith appoint one suitable person, resident of the county, to discharge the duties of county assessor, who shall thereupon take the necessary oath of office, give the same bond, perform the same duties, be entitled to the same fees, and subject to the same liabilities as in case of assessors elected by the people.

peo

cant, when.

to discharge his

missioners may appoint suita

his stead.

Sec. 3. Chapter 86 of the codified statutes, " An Acts repealed. Act to divide the counties of this territory into revenue districts, and provide for the election of officers therein," and all acts and parts of acts conflicting with the provisions of this act, be, and the same are hereby, repealed.

Sec. 4. This act shall take effect and be in force from and after its passage.

Approved February 9, 1876.