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costs, and paid

Sec. 4. Except in criminal cases, and other cases Fees taxed as expressly provided for by law, the above fees shall by party. be paid by the party for whom the services are rendered. And said fees in civil cases shall be taxed as costs in the manner provided by law.

Sec. 5. All acts and parts of acts giving any fees Acts repealed. or compensation to clerks of district courts, other than in this act prescribed, and all acts and parts of acts in conflict with this act, are hereby repealed. Sec. 6. This act shall take effect and be in force from and after its passage. Approved February 11, 1876.

FEES.

AN ACT requiring witness's and juror's fees to be paid into the county treasury.

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

rors' fees paid

into the county

treasury.

fees delivered to treasurer.

Sec. 1. That it shall be, and it is hereby made witness and juthe duty of the respective clerks of the district courts, probate judges, and justices of the peace, sheriffs or other officers, to pay into the county treasury of their county all money by them received for witness and jury fees, and remaining unclaimed for three months after the receipt of the same. Sec. 2. The said clerk, probate judge, or justice Statement of of the peace, sheriff or other officer, shall, at the time of making such payment, deliver to the treasurer a statement of the case, the names of the witnesses or jurors, and the amount each one is entitled to receive. And such officer so paying said fees into the treasury, shall notify the clerk of the court, probate judge or magistrate having the custody of any judgment on which the same are paid, in writing, of the payment thereof; and such clerk,

Fees received

by treasurer, how kept.

Receipts to be taken for

to the treasury,

filed, &c.

probate judge or magistrate shall endorse the same as paid upon the judgment so in his charge.

Sec. 3. The treasurer of said county shall keep the money thus received separate from the general fund of the county for one year, if not paid out to the person entitled to receive the same before said time, upon the certificate of the district clerk, probate judge, or justice of the peace, sheriff or other officer, as the case may be, after which the same shall be credited to the general county fund.

Sec. 4. Any officer paying money into the counmoney paid in- ty treasury under the provisions of this act shall and receipts take a duplicate receipt therefor, one of which he shall file in his office, and the other he shall file with the clerk of the board of county commissioners, who shall charge the amount thereof to the treasurer.

Penalty for not paying over

Sec. 5. Any failure to pay over to the county fees as directed treasurer, witness or jury fees, as contemplated by under this act. this act, shall subject the offender to a fine for each offense, of not less than one hundred dollars nor more then five hundred dollars, to be collected in any court having jurisdiction, and disposed of as other fines.

Acts repealed.

Sec. 6. All acts and parts of acts in conflict with this act are hereby repealed.

Sec. 7. This act to take affect and be in force from and after its passage.

Approved February 11th, 1876.

FIREMEN.

AN ACT concerning firemen.

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

not exempt from road tax if in

company.

his

Sec. 1. That from and after the passage of this Fireman act no member of any organized fire company in jury duty or the territory shall be exempt from serving as a ju- arrears to ror or from the payment of a poll road tax, unless he can furnish the court, when called as a juror, or the collector of the county, when required to pay his taxes, a certificate from the secretary of the company of which he is a member that he is not in arrears of dues or fines to such fire company. Sec. 2. Any secretary of in company fire company the territory who shall issue such certificate to any tificate to firemember who has not paid up all dues and fines to the company of which he is a member, shall be deemed guilty of a misdemeanor, and shall, upon conviction be fined in any sum not exceeding fifty dollars. Sec. 3. This act shall be in force from and after its passage.

any fire

Approved February 11th, 1876.

Secretary of

not to issue cer

man, unless arrears paid.

FIRE WARDENS.

AN ACT to provide for fire wardens in the territory of Mon

tana.

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

missioners to

wardens, upon

Sec. 1. That the county commissioners of every County comcounty in this territory shall, upon petition from appoint fireten residents of any unincorporated city, town or petition.' village in their respective counties, appoint a fire warden for said city, town or village, as the case may be, whose duty it shall be to examine all chimneys,

Duty of fire warden on complaint of. citizen.

stoves, stove-pipes, ovens, furnaces, boilers, and ap purtenances thereto belonging.

Sec. 2. When any chimney, stove, stove-pipe, oven, furnace, boiler or appurtenance thereto belonging, are defective, out of repair, or so placed

any building as to endanger it, or any other building by communicating fire thereto, the fire warden, on complaint of any citizen either orally or in writing, on examination or other satisfactory proof, shall give written notice to the owner or occupant of such building or premises and if he neglects for the space of three days to remove or repair the same effectually, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined notice, neglect any sum not less than ten dollars nor more than &c., guilty of one hundred dollars.

If owner, after

to repair flue,

Fines collected

paid into

in

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misdemeanor. All fines collected under the provisions of this act shall be paid into the county treasury for the under this act use and benefit of the school district in which the person fined shall reside, and it shall be the duty of the court imposing said fine to certify to the county treasurer the school district in which the person fined shall reside.

school fund.

Approved February 2, 1876.

Killing of large

game unlawful

months of each

year.

GAME.

AN ACT to protect game, fur-bearing animals, and fish in the territory of Montana.

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

Sec. 1. That any person or persons who shall during certain wilfully shoot or otherwise kill or cause to be killed any buffalo, moose, elk, black-tailed deer, whitetailed deer, mountain sheep, Rocky mountain goat, or antelope, between the first day of February and the tenth day of August, of each year, shall be

deemed guilty of a misdemeanor, and upon convic- Penalty for viotion thereof, shall be fined in any sum not less than lation. fifty dollars, nor more than two hundred and fifty dollars, for each offence committed.

mals men

tion 1, for their

lawful.

Penalty for vi

ping fur-bear

unlawful dur

Sec. 2. That any person or persons who shall Killing aniwilfully shoot or otherwise kill or cause to be killed tioned in secat any time, any of the animals mentioned in hides only, unsection one of this act, for the purpose of procuring the hide only and shall not make any use of the carcass thereof, for food, for himself or themselves, or for the purpose of selling the same to others for food, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum olation. not less than fifty dollars, nor more than two hundred and fifty dollars for each offence committed. Sec. 3. That any person or persons who shall Killing or traptrap, shoot or otherwise kill or cause to be killed ing animals any beaver, otter, martin, or fisher, between the ing certain first day of April, and the first day of October, of each year, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than fifty dollars, nor more than two hundred and fifty dollars, for each offense committed, and any person who shall, at any time, trap, shoot, or otherwise kill any beaver in any field, or in any other enclosure in this territory, shall be deemed guilty of a misdemeanor, and upon convic-olation. tion thereof, shall be subject to the penalties above mentioned in this section; that nothing contained in this section shall prevent owners of land from catching or killing beaver on their own lands.

months.

Penalty for vi

birds unlaw

tain months.

Sec. 4. That any person or persons who shall Killing game wilfully shoot or otherwise kill, or cause to be killed, ful during cer any grouse, prairie-chicken, pheasant, fool-hen, partridge or quail, between the first day of March and the tenth day of August, of each year, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than olation.

Penalty for vi

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