removing.

or neglect to place such stock in a secure enclosure, or herd them away from any farm or other stock as above provided, shall be liable to be arrested, and Penalty for not on conviction before a court of competent jurisdiction, shall be fined in any sum not less than fifty dollars and not more than five hundred dollars, and shall also be liable to the party injured by such diseased animals running at large after due notice of their diseased condition. It shall be the duty of some one or more of the stock inspectors of the district upon application of any resident of the district, to at once inspect and examine into the condiStock inspector tion of any stock alleged to be affected with any eased stock, his contagious disease, and if such stock shall be found

to examine dis

duty, etc.

so diseased, such inspector shall order such diseased stock to be at once secured or herded in accordance with this section, or if necessary have the same killed by unanimous consent of the board.

Sec. 12. This act shall take effect and be in force from and after its passage. Approved February 13th, 1874.

MARKS AND BRANDS.

AN ACT in relation to Trade Marks and Brands.

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

Section 1. That any person, partnership, firm, or private corporation, desiring to secure within this Manner in territory the exclusive use of any name, mark, brand, sive right to print, designation, or description, for any article of brand can be manufacture or trade, or for any mill, hotel, factory,

which exclu

use mark or

secured.

machine shop, or other business, shall deliver to the Recorder of Brands for the Territory of Montana, or

cause to be delivered to him, a particular description or fac-simile of such brand, mark, name, print, designation, or description as he may desire to use.

And

brands to re

to have exclu

Sec. 2. If there be not already a claim filed with the recorder of brands for the same or a similar name, mark, brand, print, designation, or descrip- Recorder of tion, he shall immediately record the one furnished, cord. in a book, to be specially provided and kept by him for that purpose, which book shall be at all times subject to public inspection and examination. after the said record, the person or persons causing After recorded the same to have been recorded shall have the ex- same recorded person having clusive right to use the said name, mark, print, sive right to brand, designation, or description. That the exclusive right herein granted shall only authorize the Extent of right. record of a mark, brand, or particular device, and shall not authorize the exclusive use of figures, letters, or roman numerals. If there be already filed the same or a similar brand, mark, name, print, Recorder to indesignation, or description, the recorder of brands when brand alshall so inform the applicant without delay, and shall not record the same.

use.

"form applicant

ready recorded.

using brand,

other party

Sec. 3. Any person, partnership, firm, or corporation that shall use or cause to be used any brand, Penalty for mark, name, print, designation, or description, the mark, &c., by same as, or similar to, the one so secured or re- after recorded. corded, for the purpose of deception or profit, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars, and not more than one thousand dollars.

Sec. 4. Any person, partnership, firm, or private corporation that shall use, or cause to be used, any second-hand sack, box, barrel, can, package, or penalty for other article on which has been placed any name, ready marked

using article al

for purpose of

brand, mark, print, designation, or description, the deception.
property of another, for the purpose of deception,
shall be deemed guilty of a misdemeanor, and upon

conviction thereof shall be fined in any sum not less than one hundred dollars, nor more than one thousand dollars.

Sec. 5. The fee of the recorder of brands shall Fee of recorder be one dollar for recording each brand, mark, name, print, designation, or description.

for recording.

Act not to affect

of equity.

Sec. 6. Nothing in this act shall be construed as to affect the power of courts of equity to perpetually power of courts restrain, by injunction or otherwise, the improper use of any mark, brand, name, print, designation, or description, nor to prevent the sale or transfer of such mark, brand, name, print, designation, or description, with the right to use the same.

Sec. 7. Persons now using brands or marks for any of the purposes aforesaid shall have until July using brand or 1st, 1874, in which to file their claim thereto, before until July 1st Which date no claim to a new brand or mark shall

Persons now

mark to have

Sec. 8. That all fines arising under the provisions of this act shall be paid into the county treasact how appro-ury of the county where the offence was committed, for the benefit of the school fund.

Fines under

priated.

Repealing

clause.

Sec. 9. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Sec. 10. This act shall take effect and be in force from and after July 1st, 1874.

Approved February 2, 1874.

AN ACT to authorize married women to transact business in their own name, as sole traders.

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

Married women as sole

Section 1. Married women shall have the right to carry on and transact business under their own name, and on their own account, by complying with traders. the regulations prescribed in this act.

Notice by mar

intention as

Sec. 2. Any married woman residing within this territory, desirous to avail herself of the benefit of this act, shall make her declaration before any per- ried woman of son authorized to take acknowledgment of convey- sole trader. ances that she intends to carry on business in her own name and on her own account, specifically setting forth the nature of the business she intends to carry on and transact, and from that date shall be individually responsible in her own name for all the debts contracted by her by virtue of said business, the declaration to be recorded in the office of the county recorder of the county in which said business is to be transacted and carried on.

bilities of as

Sec. 3. After such declaration has been duly recorded as heretofore provided, the person so mak-Rights and liaing her declaration as aforesaid shall be entitled to sole trader. carry on her business in her own name, and the property, revenue, money, and debts and credits shall belong exclusively to said married woman, and shall not be liable for any of the debts of her husband, and she shall be allowed all the privileges and be liable for all the legal processes now or hereafter provided by law against debtors and creditors. Sec. 4. Any married woman availing herself of the benefit of this act shall be responsible for the maintained by. maintenance of her children.

Children of

to.

Sec. 5. No married woman shall commence or carry on business on her own account under the provisions of this act, when the amount originally invested in said business exceeds the sum of ten thousand dollars, unless the declaration provided for in section 2 contain a statement, under oath, that the surplus of money above ten thousand dollars invested in said business did not come from any funds belonging to her husband.

Sec. 6. The husband of the wife availing herself of the benefit of this act shall not be responsible for any debts contracted by her in the course of said business, without the special consent of said husliable for debts band, given in writing, nor shall the separate property of said husband be taken on execution for any debts contracted by her.

Husband not

of.

Sec. 7. All acts and parts of acts in conflict with this are hereby repealed.

Sec. 8. This act to take effect and be in force from and after its passage. Approved February 4, 1874.

AN ACT to amend section 13, of chapter 83, of an act entitled "An Act concerning the rights of way and easements, and other necessary means for the development of mines," approved January 4, 1872.

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

Section 1. That section 13, of chapter 83, of an act entitled "An Act concerning the rights of way and easements, and other necessary means for the development of mines," approved January 4, 1872, be amended so as to read as follows: