penitentiary.

to

Warden to ap

Sec. 7. The board shall appoint a physician, and the warden, with the approval of the directors, shall Physician appoint the guard. All guards so appointed shall enter into bonds to the territory to the satisfaction of the board of directors, in the sum of five hun-point guards. dred dollars each, for the faithful discharge of the duties of their positions. Each of said persona shall discharge the duties of his position under the direction of the warden, and in pursuance of the rules and regulations of the board of directors, and Duties of guard. this act.

Bond of guard.

Accounts of prison.

Sec. 8. The warden shall keep the accounts of the prison in such a manner as to clearly exhibit all the financial transactions relating to it; he shall keep a register of convicts, in which shall be entered the name of each convict, the crime of which he is convicted, the date of conviction, by what court sentenced, from what county, his nationality, and ac- Register of concurate description of his person, and if known, whether he has been previously confined in the penitentiary of any state or territory.

victs.

Supplies how

Sec. 9. The board shall purchase such supplies as are necessary for the prison, at public letting, the letting to be advertised in two newspapers of the purchased. territory, once a week for four weeks. The advertisement shall specify what supplies are to be furnished, and when to be furnished. The board may reject all bids, if they believe they are unreasonable and exhorbitant, or there has been collusion among bidders. When a bid is accepted and a contract awarded, the bidder must enter into a bond with good and sufficient sureties to the acceptance of the board that he will furnish the supplies in accordance with the terms of letting.

Persons in hab

Sec. 10. No person shall be appointed to office or be employed, by virtue of this act, who is in the it of intoxicahabit of getting intoxicated, and a single act of in-appointed, untoxication shall justify a removal.

L

Any employe

tion not to be der this act.

employe.

may be removed by the warden, with the approval Removal of of the board, for delinquency in the discharge of his duty, or any other cause which materially affects his usefulness or fidelity. In all cases of removal, the cause thereof shall be stated in writing, and entered on the journal of the board.

Governor to fill vacancy of director and warden.

Sec. 11. If the office of director or warden shall become vacant by death, resignation, or other causes, the vacancy shall be filled by the governor, subject to the approval of the council, if in session, and if it is not, then subject to the approval at its next session thereafter,

Sec. 12. The officers and employes shall each receive the following compensation, to-wit: The directors shall be paid the sum of eight dollars per of officers and day for the time necessarily engaged in the disemployes. charge of their official duties, and twenty cents per

Compensation

Money drawn

mile in going to and returning from the meetings of the board of directors. The warden shall receive eighty-five dollars per month, and the guards sixty dollars per month; and the physician shall receive seventy-five dollars per month, and he shall supply all medicines required for the the treatment of convicts, without other compensation than that stated as his salary. The directors shall be paid quarterly, and the other officers and employes monthly, out of the treasury of the territory, on the warrant of the auditor.

Sec. 13. No money shall be drawn from the treasury, except upon accounts, duly certified by the only on certi- warden, and approved by two of the board of directors. A triplicate of such accounts shall be filed with the warden.

fied accounts.

Sec. 14. It shall be the duty of the board to keep as many convicts constantly employed on contracts or otherwise, as the best interests of the terkeep convicts ritory require, at the highest price that can be obtained for their labor, and the proceeds thereof shall

Directors to

employed.

be applied to the payment of the current expenses of the prison.

convicts.

Sec 15. In the treatment of convicts the following general rules shall be observed: 1st. Each convict shall be provided with a straw bed and sufficient covering, with garments of coarse material, and with Treatment of sufficient plain and wholesome food and such variety as may be most conducive to health. 2d. If any convict is sentenced to solitary confinement, the sentence shall be executed, subject to the right of the board of directors to modify it, so far as may be necessary to prevent any serious injury to health. No unnecessary labor shall be required of any convict on Sunday. 3d. No punishment shall be inflicted, except under the direction of the warden. 4th. All money in the possession of a convict when he is received at the penitentiary shall be entered on the record of the board, and shall be paid into the treasury of the warden. 5th. Each convict, when he is discharged from the penitentiary, shall be supplied with a suit of coarse clothes, and the money taken from him when he enters the prison.

ited with good behavior.

Sec. 10. In order that good behavior may be properly rewarded, it shall be the duty of the board to provide in its rules and regulations for a correct daily record of the conduct of each convict, and his fidelity and diligence in the performance of his Convicts credwork; and each one who is sentenced for a definite time shall be entitled to diminish the period of his sentence, under the following rules and regulations: 1st. For each calendar month, commencing on the first day of the month next after his arrival at the penitentiary, during which he shall not be guilty of a violation of the discipline or any of the rules of the prison, and shall labor with diligence. and fidelity, he shall be allowed a deduction of two and onehalf days. 2d. For every violation of the rules and discipline, or the want of fidelity and care in the

convicts.

performance of work, the convict shall forfeit all time gained, or such portion of it as the board may deduct. 3d. If a convict shall pass the entire period of his sentence without any violation of the rules and discipline, he shall be entitled to a certificate thereof from the warden.

Sec. 17. All criminals sentenced to the penitenUnited States tiary by the authority of the United States, for violations of the laws of the United States within this territory shall be received and kept according to the sentence of the court by which they were tried; and the convicts so confined shall be subject in all respects to the same discipline and treatment as though committed under the laws of this territory. The warden is hereby authorized to charge and receive from the United States, for the use of the territory, for each convict, the sum of one dollar per day, and shall, when collected, be paid into the treasury.

aries and

ex

tor and govern

of same.

Sec. 18. The salaries and current expenses for Payment of sal- the maintenance of the penitentiary and the expenses. penses of the warden, shall be paid in United States currency, and the territorial auditor is hereby required to issue warrants for such amounts as may be necessary to pay such salaries, current expenses and expenses of warden; and the governor and Duties of audi- auditor are authorized and required to sell the same or in payment at the highest price that can be obtained in United States currency, and apply the proceeds of such sale to the payment of all sums due or that may become due under the provisions of this section. And the auditor shall put up a notice in a conspicuous place in his office for thirty days previous to his selling such warrants, and shall publish the same in some newspaper, likely, in his judgment, to give the widest information in this territory for three weeks, stating the amount of currency that will be required at a given time, and requesting bids for the

same. Provided, That any person bidding on or buying said warrants at said sale shall not be held to violate any license law of this territory.

Sec. 19. This act shall take effect and be in force from and after its passage. Approved May 6th, 1873.

RAILROADS.

AN ACT to provide for the formation of railroad corporations in the Territory of Montana.

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

Section 1. That any number of natural persons, not less than five, may become a body corporate for any number of the purpose of locating, constructing, maintaining than five may and operating railroads, with all the rights, privi- corporation. leges and powers conferred by, and subject to all

the restrictions of, this act.

persons not less form railroad

of

Sec. 2. That any number of persons as aforesaid, associating to form a corporation for the purposes Certificate named in the first section of this act, shall under incorporation. their hands and seals make a certificate, which shall specify as follows: First, the name of such corporation, by which it shall be known; secondly, the name of the county or counties, and territory or territories, where the termini of said road are to be located, and the county or counties and territory or territories, through which such road shall pass, and the general route of said road; thirdly, the amount of capital stock necessary to construct such road. Such certificate shall be acknowledged before an officer authorized to take acknowledgment of deeds Certificate, how under the laws of this territory, and a duly certified led and copy of such certificate shall be filed with and record

acknowledged,

corded.

re