Apportion house. of Missoula, one member; to the county of Meagher, one member; to the counties of Lewis and Clarke and Choteau, jointly, one member. The members of the house of representatives shall be apportioned to the several counties as follows: To the county of Lewis and Clarke, six members; to the county ment of the of Madison, four members; to the county of Deer Lodge, six members; to the county of Gallatin, two members; to the county of Jefferson, two members; to the county of Beaverhead, one member; to the county of Missoula, two members; to the county of Meagher, two members; to the county of Choteau, one member. SEC. 3. That an act of the legislative assembly entitled "A Bill for an act apportioning the members of the Act repealed. legislative assembly, and prescribing the time of their election," be, and the same is hereby, repealed. Approved February 15th, 1877. ARMS AND AMMUNITION. AN ACT to provide for the care and custody of the arms and ammunition belonging to the territory of Montana, and for other purposes. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That the following named arms, accoutrements, and ammunition, to-wit: Five hundred Springfield rifled muskets, five hundred screw-drivers, fifty spring vises, one hundred tumbler punches, five hundred gun slings, five hundred waist belts, five hundred waist belt plates, twenty-five thousand musket ball cartridges, are, and are hereby declared to be the declared property of the territory of Montana, and the said terthe territory. ritory assumes all responsibility regarding the care and custody of the said arms and ammunition, and all obligations to the United States on account of the same. Arms and a m munition property of SEC. 2. That for the more fully carrying out the provisions of this act, the governor of this territory shall take charge of the hereinbefore mentioned arms and ammunition, and shall give such orders as he may think proper, or as shall be provided for by law, regarding their care and distribution. SEC. 3. The governor shall apportion the beforementioned arms and ammunition belonging to the territory among the several counties, in such manner as he shall think best: Provided, That when possible, a sufficient number shall be given to any county to completely arm and equip any militia companies that may be organized in such county. Such arms and ammunition shall be delivered by the governor to the sheriff of the county, who shall be responsible, on his official bond, for the care and safe keeping of such arms and ammunition, and for the delivery thereof in accordance with orders that he may receive from the governor: Provided, further, That the governor shall have the right, and it is hereby made his duty, on application being made, to sell to any citizen of this territory such arms and ammunition as he may think proper, at prices as fixed by the United States authorities-all proceeds from such sales to be paid into the territorial treasury. The parties purchasing such arms and ammunition shall be entitled to receive a certified invoice of the property from the governor or other officer delivering the property to him, and such certified invoice shall be prima facie evidence of the ownership of such property, and such party shall thereafter be exempt from the fines and penalties hereafter provided for in this act. pany. SEC. 4. Whenever a company is organized in any Sheriff shall county as hereinbefore provided, the sheriff of such issue to com"county shall issue to such company such arms, accoutrements, and ammunition as he may be directed to issue by the governor, taking therefor a receipt signed by the duly company company, and a bond conditioned elected officers of such Officers of to receipt for. When issued to militia not to be sold, bartered, or loaned. accoutrements, or the payment of such sums as the same may be worth, in case of their loss or injury. any SEC. 5. The arms, accoutrements, or ammunition, issued to officer or militiaman shall not be sold, bartered, exchanged, pledged, loaned, or given away, and no person not a member of an organized militia company or duly authorized officer, except as hereinbefore or may be hereinafter provided, who has possession of any such arms, accoutrements, or ammunition, so furnished, shall have any right, title, or interest therein, but the same may be seized wherever found by any officer, civil or military, and turned over to the sheriff of the county where such arms belong. Every person who shall violate the provisions of this section by selling, bartering, exchanging, loaning, pledging, or giving away, any such arms, accoutrements, or ammunition, and any person who shall, in any such sale, exchange, barter, pledge, loan, or gift, receive any such arms, accoutrements, or ammunition, shall be deemed guilty of a misPenalty for demeanor, and upon conviction thereof before any court of competent jurisdiction, shall be fined in any sum not less than twenty nor more than one hundred dollars, and shall be imprisoned in the county jail until such fine is paid. The possession of such arms, accoutrements, or ammunition, shall be prima facie evidence of such sale, barter, exchange, pledge, loan, or gift. violating this section. When sheriff may issue to other persons. Payment of SEC. 6. The governor may, whenever in his judgment it may become necessary, issue to or order issued by the sheriff of any county that may have the same in charge, such arms and ammunition as may be considered necessary to persons not members of any organized militia company, but such persons shall conform to the provisions of section 5 of this act and be subject to all fines and penalties therein prescribed. SEC. 7. That such sums of money as may now be due or that may hereafter become due for storage of arms expenses for and ammunition before their issue as herein prescribed, and such further sums, for such expenses, as may be keeping. necessarily incurred, shall be paid by the territory, and the territorial auditor is hereby authorized and instructed to draw his warrant on the territorial treasurer for such amount as may be certified to him by the governor as being due. Approved February 16th, 1877. ASSESSORS-ELECTION OF. AN ACT providing for the election of county assessors. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 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 succesor is elected and qualified: Provided, That all asses-. sors 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 incumbent in their respective counties. Bond of as sessor. 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 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 approved by the commissioners, and shall be deposited with the county clerk. Said assessor shall give the bond and take the oath of office herein required Oath of office. on or before the first Monday in December after his election, and if the county clerk receives no notice of the qualification of such assessor on or before the said first Monday in December after the election, the office shall be declared vacant; or if there be a failure to elect by the people, 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 the discharge of the duties of his office before the first day of February in each year, the county commissioners shall forthwith appoint one suitable person, a 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. SEC. 3. No person who shall have served one term of two years as assessor in any county shall be eligible to the next succeeding term: Provided, That the provisions of this act shall not apply to the election of assessor, or his eligibility to such office, in those counties wherein it is provided by law that the sheriff shall be, by virtue of his office, ex-officio assessor. SEC. 4. All acts and parts of acts in conflict herewith are hereby repealed. SEC. 5. This act shall take effect and be in force from and after its passage. Approved February 16th, 1877. Territorial treasurer BRANDS AND MARKS. AN ACT to amend "An Act in relation to brands and marks," approved January 10, 1872. (Codified Statutes, page 563.) Be it enacted by the Legislative Assembly of the Territory of Montana: That sections 1 and 5 of the above entitled act be amended so as to read as follows: SECTION 1. That a general office for recording brands, or marks and brands, shall be kept at the seat of government, and the duties are hereby devolved on the territomarks and rial treasurer, without further compensation than is now provided by law for such treasurer: "Section 5. The made general recorder brands. |