approved January 12, 1872, be amended so as to read as follows: Sec. 202. When the jury has been sworn, the Order in which trial shall proceed in the following order, unless the court, for good cause and special reasons, otherwise directs. trials shall pro ceed. Party on whom First. The party on whom rests the burden of burden rests to the issue may briefly state his case, and the evidence state case. by which he expects to sustain it. Second. The adverse party may then briefly state may state case. his defense, and the evidence he expects to offer in Adverse party Party having support of it. Third. The party on whom rests the burden of burden first to proof must first produce his evidence; the adverse give proof, then the adverse party will then produce his evidence. party. Parties con Fourth. The parties shall then be confined to ned to evi rebutting evidence, unless the court, for good reason in furtherance of justice, permits them to offer evidence in their original case. dence. Fifth. When the evidence is concluded, and Instructions of either party desires special instructions to be given to the jury, such instructions shall be reduced to writing and delivered to the court. court. Court to give or tions. Sixth. When the argument of the cause is concluded, the court shall give such instructions to the jury as shall be necessary, which shall be in writing, if so requested by either party, and which instructions, together with the pleadings, shall be given to the jury when they shall retire, upon the request of the parties. Seventh. Where either party asks special instructions to be given to the jury, the court shall either refuse instruc- give such instructions as requested, or positively refuse to do so, or give the instructions with a modification, and shall mark or endorse upon each instruction so offered, in such manner that it shall distinctly appear what instructions were given, in whole or in part, and in like manner those refused, so that either party may except to the instructions as given, or refused, or modified, or to the modification. Instructions All instructions given by the court must be filed, together with those refused, as a part of the record. given and reSec. 2. All acts and parts of acts in conflict with with the record this act are hereby repealed. Sec. 3. This act shall take effect from and after fused, filed CRIMINAL PRACTICE ACT. AN ACT to amend section one hundred and seventeen, chapter seven, of an act entitled "Criminal Practice Act." approved January 12, 1872. Be it enacted by the Legislative Assembly of the Territory of Montana. Section 1. That section one hundred and seventeen, of an act entitled "Criminal Practice Act," Section approved January 12, 1872, be amended so as to read as follows: amended. Sec. 117. The grand juries shall consist of six-Number of teen persons, one of whom shall be appointed fore-grand jury esman by the court. Sec. 2. That said original section one hundred and seventeen, and all acts or parts of acts in conflict herewith, are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. Approved May 7, 1873. tablished. CRIMINAL PRACTICE ACT. AN ACT to amend section four hundred and fifty-nine of the Be it enacted by the Legislative Assembly of the Territory of Montana: Section 1. That section 459 of the Criminal Practice Act, approved January 12th, 1872, be amended amended. so as to read as follows: Section Sec. 459. In all cases in which the governor is authorized by law to grant pardons, he may grant the same on such conditions, terms and restrictions as he may deem proper, and if the person so parGovernor may doned shall violate such conditions, or terms, or disgrant pardons on conditions. regard such restrictions, the governor shall have the power and it shall be his duty, to revoke such pardon. And such violation of the conditions, terms condition gov. or restrictions, or any part thereof, shall be considpardon. ered an escape and fraud, and the governor shall issue his warrant, directed to the sheriff of the Violation of county where the person so pardoned may be, comdeemed escape; manding him to re-arrest such person and commit re-arrested. him to the penitentiary or prison in which he was Violation of ernor to revoke conditions convict to be Fees of sheriff confined prior to such pardon, to serve out the balance of the term for which he may have been senunder this act. tenced. And such sheriff shall receive such fees out of the territorial treasury as are allowed by law to sheriffs for serving warrants and commitments, and the auditor shall draw his warrant on the general fund for such fees on the treasurer, on presentation of a certificate from the governor that the same is correct. Sec. 2. Section 459 of said act is hereby repealed. Sec. 3. This act shall take effect immediately. CRIMINAL PRACTICE ACT.· AN ACT relating to the trial of crimials for certain offences. Be it enacted by the Legislative Assembly of the Territory of Montana: sworn, court fendant in cus Section 1. That upon the trial of any person In case of felcharged with a felony, the court, in its discretion, ony, after jury at any time after the jury shall have been sworn, to may order detry the same, may order the defendant into custody standing bail. of the sheriff until the final determination of the same; notwithstanding such defendant may have given bail to answer such charge. Sec. 2. This act shall take effect and be in force from and after its passage. Approved May 8th, 1873. CRIMINAL LAWS. AN ACT to punish prisoners for breaking, escaping, or attempting to break or escape from the penitentiary or other prisons, or assaulting the keepers thereof. Be it enacted by the Legislative Assembly of the Territory.of Montana : Prisoner at break jail or es ished. Section 1. If any prisoner confined in the penitentiary of this territory shall assault the warden, tempting to or any under keeper, guard, or other officer of said caping, punpenitentiary, or shall escape, or attempt to escape therefrom, or enter into any conspiracy for the purpose of effecting an escape therefrom, such person, upon conviction thereof, shall be sentenced by the court to the same term of imprisonment in the penitentiary for which such person was originally sen-Penalty tenced, to commence from the expiration of the therefor. the penitentiary. original term of imprisonment, except when the original sentence was imprisonment for life. Sec. 2. If any person confined in any jail in any county in this territory shall break such jail, or Person guilty to escape therefrom, or attempt so to do, or shall break or destroy the furniture of such jail, or shall assault any keeper of such jail, such person, on conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for a time not exceeding three years, nor less than one year. this act to be and Sec. 3. It shall be the duty of the warden of the Printed copy of penitentiary, and the keeper of any county jail in posted in peni- this territory, to post up in the cells of the penitentiary and county jails, respectively, a printed copy of the above law, printed in large letters so as to be easily read. tentiary each jail. Sec. 4. This act shali take effect and be in force from any after its passage and approval by the gov ernor. Approved May 8, 1873. Unlawful to CRIMINAL LAWS AN ACT to prevent parties from shooting within the limits of towns and private enclosures. Be it enacted by the Legislative Assembly of the Terri tory of Montana: Section 1. That it shall be unlawful for any person to fire any gun, pistol or any fire-arm, of whatfire gun, pistol, ever description, within the limits of any town, city, city or town. or village in this territory, or within the limits of any private enclosure which shall contain a dwelling house. etc., in limits of Sec. 2. All persons violating this act shall be Penalty there- fined in any sum not less than five, nor more than twenty-five, dollars. for. |