such board may refuse or revoke a certificate for unprofessional, dishonorable, or immoral conduct, or refuse a certificate to any one who may publicly profess to cure, or treat disease, injury or deformity in such a manner as to deceive the public. In all cases of refusal or revocation, the applicant if he or she feels agrieved, may appeal to the district court of the county where such applicant may have applied for a certificate.

SEC. 5. Every person holding a certificate issued by said board shall within sixty days after the date thereof, have the same recorded in the office of the county recorder in the county wherein he or she resides, or should he or she remove from one county to another to practice medicine or surgery, his or her certificate must be recorded in the county to which he or she removes. The county recorder shall endorse upon the certificate the date of record, and he shall be entitled to charge and receive his usual fees for such services, the fee to be paid by the applicant.

SEC. 6. This act shall not apply to mid-wives of skill and experience, attending cases of confinement, nor to coramissioned surgeons of the United States army or navy in the discharge of their official duties, nor to physicians or surgeons in actual consultation from other states and territories, nor to students practicing medicine under the direct supervision of a preceptor, nor to gratuitous services in cases of emergency.

SEC. 7. Any person practicing medicine or surgery within this territory without first having obtained the certificate to practice, herein provided for, or contrary to the provisions of this act, after the expiration of sixty days after this act takes effect, shall for each violation of the provisions of this act, be deemed guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred (500) nor less than one hundred (100) dollars, or by imprisonment in the county jail for not more than ninety (90) days nor less than thirty (30) days, or by both such fine and imprisonment, as the court may determine. Any person shall be regarded as practicing within the meaning of this act who shall append the letters "M. D." or "M. B." to his or her name, for a fee for prescribing medicine, operating in surgery, attending in obstetrics, recommending for the use of any sick person, the use of any drug or medicine, or other agency of treatment, cure or relief of any wound, fracture, or bodily injury of disease, as a physician or surgeon; Provided, however, That this act shall not apply to dentists practicing dentistry. The probate courts of the several counties of this territory shall have jurisdiction over violations of the provisions of this act. It shall be the duty of the respective county attorneys to prosecute violations of this act, and for each conviction had for violation hereof, the county attorney prosecuting shall receive a fee of five (5) dollars, to be taxed as costs, in addition to the fees now allowed him by law.

SEC. 8. Candidates for examination shall pay in advance to the secretary of the territorial board of examiners a fee of fifteen (15) dollars, which fee shall defray the entire expenses of the aforesaid board of examination. Any one failing to pass the required examination shall be entitled to a second examination within six months without fee.

SEC. 9.

Each member of the board is hereby allowed the sum of five (5) dollars per day and mileage while in the active and necessary discharge of his duties. And such expense shall be paid out of the fees so paid in.

SEC. 10. All acts and parts of acts in conflict with this act now in effect are hereby repealed.

This act shall take effect and be in force from and af

SEC. II. ter its passage.

Approved, February 28, 1889.

MUNICIPAL CORPORATIONS.

AN ACT to amend chapter twenty-two fifth division of the compiled statutes of Montana, relating to municipal corporations and the amendments thereto approved September 14, 1887.

Be it enacted by the legislative assembly of the territory of Mon

tana:

SECTION 1. That section three hundred and sixteen of chapter twenty-two fifth division of the Compiled Statutes of Montana be amended so as to read as follows: Section three hundred and sixteen, after filing said petition and census, if there be the requisite number of inhabitants for the formation of a municipal corporation as required in the preceding section, the county commissioners shall call an election of all the qualified electors residing in the territory described in the petition. Said elections to be held at a convenient place within the territory described in the petition to be designated by the county commissioners, notice of said election shall be given by publication in some newspaper published within the limits of the territory to be incorporated, or if none be published therein, by posting notice in three public places within said limits. The notice shall be published thirty days prior to the elections, and shall specify the time and place when the same shall be held, and contain a description of the boundaries of the city or town. The board of county commissioners shall appoint judges and clerks of election who shall qualify as required by law, and after the election they shall report the result to the board of county commissioners, together with the ballots cast at said election. The ballots used at said election shall be "for incorporation" or "against incorporation."

SEC. 2. That section three hundred and eighteen of chapter twenty-two, fifth division of the Compiled Statutes of Montana as amended by section one of "an act amending chapter twenty-two," approved September 14th, 1887, be amended so as to read as fol

lows: Section three hundred and eighteen; when any incorporation of a city or town is completed, the board of county commissioners shall give notice for thirty days in a newspaper published within the limits of the city or town, or if none be published therein, by posting notices in six public places within the limits of the corporation, of the time and place or places of holding the first election for offices of the corporation. At such election all the electors qualified by the general election laws of the territory, and who have resided within the limits of the city or town for three months, and within the limits of the ward for ten days preceding the election, shall be qualified electors and shall choose officers for the city or town, to hold office until fhe first annual election of officers as hereinafter prescribed. At said election there shall be elected one mayor, one police magistrate, one city attorney, one city treasurer for said city, and two aldermen from each ward into which the city may be divided, if the incorporation be of the grade of a city; if it be a town the electors shall choose a mayor and six aldermen, who shall manage the affairs of the corporation until the next general municipal election: Provided, That the ballots for alderman shall designate which is voted for the long term and which for the short term. The aldermen elected for the short term shall hold their office until the next general municipal election, and the aldermen elected for the long term shall hold their office until the next succeeding general municipal election. The persons so elected shall qualify in the manner prescribed by law for county officers. The board of county commissioners shall appoint judges and clerks of election and shall canvass and declare the result thereof. The election shall be conducted in the manner required by law for the election of county offiAt the first meeting of the board of aldermen of towns incorporated under this act they shall be divided into two classes. The seats of the first class shall become vacant in one year; she seats of the second class shall become vacant in two years; they shall also by ordinance divide the town into three districts, and at annual elections thereafter an alderman shall be elected from each district by the electors of such town. This section shall apply to all cities or towns incorporated under the incorporation act approved March 10th, 1887, and the amendments thereto approved September 14th, 1887, as well as to municipal corporations hereafter organized.

cers.

SEC. 3. That subdivision seven of section three hundred and twenty-five of chapter twenty-two be amended so as to read as follows: Subdivision seven-To license all pursuits, industries, professions or occupations: Provided, That in no case shall the municipal authorities require any license exceeding in amount that which is required to be paid under the territorial law for a like pursuit or occupation when the purposes of such license is for revenue only, but cities of the first and second class shall have authority to license, regulate or prohibit all pursuits or occupations, whether licensed or not by

the territory, and not prohibited by the laws of Montana, as a police regulation in such an amount as shall be deemed proper by such municipal authorities.

SEC. 4. That subdivision nine of section three hundred and twenty-five, chapter twenty-two, as amended by section two, of an act to amend an act for the formation of municipal corporations, be amended so as to read as follows: Subdivision nine-To contract an indebtedness on behalf of the city or town, upon the credit thereof, by borrowing money or issuing bonds for the following purposes, to wit: erecting public buildings, constructing sewers, constructing water works, supplying the city with water by contract, the purchase of fire apparatus, the construction or purchase of canals or ditches for supplying the city or town with water, the total amount of indebtedness authorized to be contracted in any form by virtue of this act shall not at any time exceed four per centum of the total assessed valuation of the taxable property of cities or towns incorporated under this act according to the last assessment: Provided, That no money shall be borrowed, or bonds issued for any purpose mentioned in this clause, until the proposition shall have first been submitted to a vote of the qualified electors of the city or town and a majority vote cast in favor thereof.

SEC. 5. That section three hundred and twenty-five, of chapter twenty-two, be amended by adding the following subdivision thereto: Sixty-four-The council shall have power to sell or dispose of or lease any property belonging to the city or town not held in trust for a specific purpose, and shall provide resolution or ordinance for such transfer by at least a two-thirds vote of the whole council. Sixty-five-To make any and all contracts to carry into effect the powers hereby granted, and to provide for the manner of executing the same. Sixty-six-To punish persons for selling or using opium or any preparation of opium, or for having opium or any preparation of opium, or any implement or implements used in smoking the same in their possession, or for keeping, maintaining, visiting or contributing to the support of a room or rooms where the same is smoked; Provided, That druggists may sell opium or any preparation of opium upon the prescription of any licensed or practicing physician; and such physician may also keep in his office for dispensing to his patients such opium.

SEC. 6. That section three hundred and thirty-one of chapter twenty-two be amended so as to read as follows: Section three hundred and thirty-one. Appeals shall be allowed from the judgment of any police magistrate or justice of the peace to the district court or county court of the county, in cases arising under this act, and the ordinances of the city or town subject to the same condition and requirements as now are or may be prescribed by law for appeals from justices court; Provided, That no appeal bond shall be in a sum less than one hundred dollars.

SEC, 7. That section three hundred and forty-three of chapter twenty-two as amended by section three of an act to amend an act relating to the formation of municipal corporations, be amended so as to read as follows: Section three hundred and forty-three, the first common council elected as provided under section three hundred and eighteen of this act shall divide the city into wards for election and other purposes, having regard to population, so as to make them as nearly equal as may be: Provided, That cities of the first class shall not have less than three wards nor more than ten wards, and that cities of the second class shall have not less than two wards nor more than four wards: And provided further, That all changes in the number or boundary of wards shall be by ordinance, and no new ward shall be created unless it shall contain within its boundary at least one hundred and fifty voters. At the first annual election thereafter, there shall be chosen one mayor, one police magistrate, one city attorney, one city treasurer for said city and one alderman for each ward into which the city has been divided. The mayor of cities of the first and second class shall serve for one year from and after the first Monday in May after said election. The police magistrate, city attorney and city treasurer, shall serve for two years or until their successors are elected and qualified from and after the first Monday in May after said election. The aldermen elected from each ward at said election shall serve for two years from and after the first Monday in May after said election. Thereafter one alderman shall be elected for each ward of the city, who shall serve for two years. If any vacancy shall occur in the office of alderman by death, removal or otherwise, the same shall be filled by election, so that there may be always in the common council two members from each ward whose term of service shall expire in different years. If any vacancy occur in the office of city attorney, police magistrate, or city treasurer, the city council shall fill such vacancy until the next municipal election thereafter, when such vacancy shall be filled by election.

SEC. 8. That section three hundred and fifty-seven, of chapter twenty-two, as amended by section five of an act to amend "an act relating to the formation of municipal corporations," be amended so as to read as follows: Section three hundred and fifty-seven-The city marshal shall receive and be paid a salary, to be fixed by ordinance, not exceeding two hundred dollars per month. He shall execute and return all writs and processes to him directed by the police magistrate for violation of the city ordinances. He shall apprehend and arrest any person in the act of committing any offense against the laws of the territory or ordinances of the city, with or without a warrant, and bring such person forthwith before the police magistrate for examination or trial. He shall attend on the sittings of the police court. He shall report to the city council all delinquencies, neglect of duty, or official misconduct of the chief police or policemen for the action of the council. In the discharge of his