lars per district, to be estimated and allowed by the board of county commissioners, which shall be paid quarterly out of the county general fund, in the same manner as other county officers are paid; and he shall be allowed, in addition, a sum for postage and expressage, payable out of the county school fund, equal to one dollar for each school district in his county. Sec. 3. That all acts and parts of acts in conflict Acts repealed. with this act be and the same are hereby repealed. Sec. 4. That this act shall take effect and be in force from and after its passage. Approved May 3, 1873. FEES. AN ACT in relation to the payment of fees. Be it enacted by the Legislative Assembly of the Territory of Montana: Section 1. Each officer in this territory receiving any fees shall cause a list thereof, specifying each ing fees to keep item, and the sum allowed by law for each, to be posted in his office. Officer receiv list posted in office. Sec. 2. No officer serving any process shall be entitled to any fees for the same, unless he returns items of fees on such process the amount of his fees, and the items thereof, and charge for each. Amount and on every pro cess. Sec. 3. Any person liable for any costs or fees shall be entitled to receive, on demand, a certified when fur-bill of the same, in which the items of service, and the charges therefor, shall be specifically stated. Certified bill of nished. Sec. 4. Every officer charging fees shall, if required by the person paying the same, give a receipt on payment, if for the same, setting forth the items, the date of demanded. each, and the sum charged therefor. Receipt given Sec. 5. This act shall take effect and be in force from and after its passage and approval by the gov ernor. Approved May 8, 1873. FOLIO. AN ACT defining the word "Folio," when used in acts relating to the regulation of fees. Be it enacted by the Legislative Assembly of the Territory of Montana: The word Section 1. That the term "Folio," as used in acts relating to regulation of fees, shall be construed to Folio" demean one hundred words, counting two figures as one word, and any portion of a folio, where the whole paper shall contain less than a folio, or where such portion shall be in excess over the last folio, shall be deemed a folio. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 29, 1873. FUNDING INDEBTEDNESS. AN ACT to authorize the territorial treasurer to issue bonds. Be it enacted by the Legislative Assembly of the Territory of Montana: to Section 1. That the treasurer of the Territory of Montana is authorized to issue bonds of the Terri- Territorial tory of Montana for the balance of the territorial tresurer auwarrants not presented as provided for in section issue certain one, of an act to provide for the funding of the debt of Montana territory (page 578 of codified statutes), bonds. Provisions as to and that the said bonds shall date as provided in date of same. said act, on the first day of June, 1872: And pro vided, further, That the said bonds shall not exceed in amount the sum of six hundred dollars. Sec. 2. This act shall be in force from and after its passage and approval. Approved May 1st, 1873. Unlawful to GAME. AN ACT to provide against the killing of game and catching of fish, and to repeal an act entitled "An Act relating to the Killing of Game and Catching of Fish," approved January 2d, 1872. Be it enacted by the Legislative Assembly of the Territory of Montana : Section 1. That any person or persons who shall wilfully shoot, or otherwise kill, or cause to be killed, kill certain any mountain buffalo, moose, elk, black tail deer, first of Febru- white tail deer, mountain sheep, rocky mountain teenth of July goat, antelope, or hare, between the first day of game between ary and fif in each year. Penalty therefor. Unlawful to kill between first of teenth of July February and the fifteenth day of July of each year, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than twenty-five (25) dollars, nor more than one hundred (100) dollars for each offence committed. Sec. 2. That any person or persons who shall wilfully shoot, or otherwise kill, or cause to be certain game killed, any grouse, prairie chicken, pheasant, foolMarch and fif hen, partridge, or quail between the first day of in each year. March and the fifteenth day of July, of each year,. shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not Penalty there-less than five (5) dollars nor more than twenty-five (25) dollars for each offence committed. for. or singing bird not to be killed for three years. Sec. 3. For the next three years, from May first, A. D. eighteen hundred and seventy-three, it shall Partridge,quail be unlawful for any person or persons to wilfully kill, or caused to be killed, or destroyed in any manner whatever, any partridge or quail, robin, meadow lark, thrush, gold-finch, 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 Penalty therein any sum not less than five (5) dollars nor more than twenty-five (25) dollars for each offence committed. for. Possession of dead body pre Sec. 4. That the possession of the dead bodies, or any part thereof, of any of the animals or birds mentioned in this act, by any person or persons, sumption of shall be taken as prima facia evidence that such per-' son or persons are guilty of killing the same. guilt. Defines lawful Sec. 5. That a fishing tackle, consisting of a rod or pole, line and hook, or spear, shall be the only way in which lawful way that fish can be taken in any of the ken. streams of this territory. fish may be ta baited with Sec. 6. That said hook shall not be baited with any drug or substance poisonous to any kind of fish. Hook not to be Sec. 7. That it shall be unlawful for any person poison. or persons in the Territory of Montana to make any Fish traps fordams, or use any fish traps, or any similar means of catching fish, or to use any drug, poison, or giant powder, or explosive compound intending to catch, kill, or destroy any species of fish. bidden. Penalty for vio six and seven. Sec. 8. Any person or persons, company or corporations offending against sections five, six, and seven of this act, shall be deemed guilty of a misde-lating sections meanor, and, upon conviction thereof, shall be fined in any sum not less than fifty (50) dollars nor more than two hundred (200) dollars for each offence committed. Sec. 9. That all fines mentioned in any section of this act shall be recovered, with costs of suit, in covered. civil actions, in the name of the Territory of MonFines, how re- tana, before any court having competent jurisdicOne-half of all fines so collected shall be paid into the county treasury for the benefit of the common schools of the county in which the offence was comFines, how dis- mitted, and one-half shall be paid to the person or persons informing the nearest magistrate that such offence has been committed. All such fines and costs shall be collected without stay of execution, without stay of and such defendant or defendants may, by order of the court, be confined in the county jail until such fine and costs are paid. posed of. Fines collected execution. Duty of grand of violation of Sec. 10. That it shall be the duty of the grand jury to diligently seek out and investigate all infracjuries to inquire tions of any provision or provisions of this act (except this act, and in- such cases and infractions as may have been already tried before some court having competent jurisdiction), and, upon due proof of the infraction of any of the said provisions, they shall proceed to indiet such party or parties according to law. dict offender. Act repealed. Sec. 11. An act relating to the killing of game and catching of fish, approved January 2d, 1872, be and the same is hereby repealed. Sec. 12. That this act shall take effect and be in force from and after its passage. Approved May 2d, 1873. J |