it shall be deemed a final rejection and he shall not be granted another examination for the space of ninety days after such last rejection, when he may again apply to the inspector or assistant as provided by section ten of this act, and no person shall be granted more than one re-examination before a board under the provisions of this act. One-half of the fee which may have accompanied any rejected applicant's petition for re-examination shall be awarded by the inspector to each of the engineers who sit on any such examining board, and in case the applicant is granted a license, the fee paid when he was first rejected shall be deemed the fee for the issuing of such license granted by any board of examiners. In case any engineer selected or agreed upon as by this section is provided, fails or neglects to appear or serve, another may be selected in his place in the manner herein provided.

SEC. 12. This act shall not apply to railroad locomotives in Montana, nor shall it apply to traction engines, engines and boilers mounted on wheels, boilers used for heating purposes in private residences, nor shall it apply to other boilers having a capacity of five-horse power or less, nor shall locomotive engineers or persons operating any of the engines or boilers herein exempted from the operation of this act, be required to procure licenses from the territorial inspector or assistant inspector: Provided, nothing in this act anywhere contained shall be construed to exempt from inspection and examination any steam boiler in use anywhere within the limits of an incorporated city or town: And provided further, the fees which may be demanded and received for the inspection of traction engine and furnace and other steam boilers in cities shall not exceed the sum of five dollars for each annual inspection. The penalties herein provided for shall not obtain in any case prior to the time the inspector or assistant inspector has notified the persons affected that they are ready to make the inspection as herein provided for. All certificates of inspection must be renewed yearly; the fee for the inspection of boilers to be the same each year.

SEC. 13. All certificates of licenses to engineers of all classes shall be renewed yearly. The fee for renewal shall be one dollar in all cases. All moneys collected by virtue of this act shall be paid by the board of inspectors into the territorial treasury at least as often as once in each month. It shall be the duty of the inspector of boilers to make an annual report to the governor of Montana, setting forth the moneys collected by him and the assistant inspector from any and all sources, and the disbursements and the number of boilers inspected by them, and number and grades of licenses issued and to whom, and the general results of the experiences of his office: and such recomendations as to him may seem proper and fit. Said report shall also refer to and account for the causes of any boiler explosions which may have occurred in Montana during the year, and the loss of life or property.

SEC. 14. The inspector and assistant inspector shall receive their actual and necessary traveling expenses when in the performance of their duties, and the actual cost of office rent, stationery and printing: Provided, in no event shall the allowance for such. office rent and stationary and printing exceed the aggregate sum of one thousand dollars. These payments shall be made from the funds in the territorial treasury upon vouchers signed and sworn to by the inspector and assistant and submitted to the territorial secretary and auditor, who, if they find the same just and true, shall draw warrants upon the territorial treasury for the amounts thereof; separate vouchers being made for salary and expenses. All bills must be audited and signed as correct by the inspector and assistant before being paid.

act.

SEC. 15. After the expiration of nine months from the first of March, 1889, it shall be unlawful for any person in the territory or state to operate a stationary boiler or steam engine, or any boiler or steam engine other than railroad locomotives or other engines and boilers exempted in section ten (10) of this act, as herein provided for, without a license granted under the provisions of this The owner, renter or user of the steam engine or boiler shall be equally liable for violations of this section: Provided, however, that in case of accident, sickness, refusal to work or any unforeseen event of the licensed engineer employed by any owner, renuser of a steam engine or boiler, operated in remote districts, which would retard the work to be performed, the owner, renter or user may for the space of four (4) weeks employ any person he may consider competent to run the engine or boiler, said person not having a license: Provided, however, that the person so employing the unlicensed engineer shall immediately notify the inspector or assistant inspector.

ter or

SEC. 16. All violations of the provisions of this act not herein provided for, shall be deemed misdemeanors and shall be punished as such.

SEC. 27. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

SEC. 18. The salaries of the inspector and assistant inspector shall be paid to such officers upon vouchers presented by them each month by the territorial auditor who is hereby authorized to file such vouchers and draw his warrant therefor upon the territorial treasury upon any funds not otherwise appropriated.

SEC. 19. This act shall take effect from and after its passage and approval by the governor.

BOUNTY-WILD ANIMALS.

AN ACT to provide for the payment of bounties for the killing of certain stock destroying animals.

Be it enacted by the legislative assembly of the territory of Mou

tana:

SECTION I. There shall be paid out of the territorial treasury, or the killing of animals hereinafter mentioned which have been killed in said territory the following bounties: For each mountain lion, two dollars; for each bear, two dollars; for each wolf or coyote, two dollars; for each wildcat, lynx or bobcat, fifty cents.

SEC. 2. Any person killing any one of the above named animals, for the purpose of obtaining the bounty thereon, shall within sixty (60) days from the date of killing any of said animals, exhibit the entire skin of said animal or animals including the tail, and the skin from the forehead, embracing the ears of each animal, to the probate judge of the county in which such animal or animals were killed: Provided, That this act shall not apply to any skins of any animals which may have been killed prior to February 20, 1889.

SEC. 3. Any person presenting to the probate judge of the county, the skin or skins of any such animals for the purpose of obtaining bounty thereon, shall at the time, file with such probate judge his affidavit setting forth, that affiant killed the animal or animals from which the skin or skins were taken, that the same were killed within the bounds of the county in which the application for the certificate is made, which certificate shall be substantially in the following form:

do hereby certify that -day of

of

and has filed with me his affidavit that he killed, within sixty days from this date the animal- from which the above mentioned skintaken, and that the same killed in the above named county. And I further certify that I have carefully examined and punched the ears of the above mentioned skin— according to law, in the presence of county

Witness:

whose name is hereto subscribed.

SEC. 4. The probate judge shall, before issuing any certificates to any person or persons for the killing of any of the above mentioned animals, require the affidavit of two respectable free holders, residence of said county, that they are acquainted with the person or persons exhibiting the skin or skins that to the best of their belief the animal or animals from which such skin or skins were taken, were killed within the limits of said county.

SEC. 5. The probate judge, with the county clerk or county treasurer of said county, whose duty it shall be to be present, shall minutely examine each skin presented in order to prevent fraud, and should said officers after careful examination, find that the scalp and ears belonging to each skin have not been severed, patched or punched, the probate judge shall then, in the presence of the officer or officers herein named, mark each ear by punching a hole one inch in diameter in the same, and then shall deliver said skin or skins to the owner or owners.

SEC. 6. The probate judge shall then and there make out and deliver to such owner a certificate under his official seal, showing the number and species of skin or skins so punched; such certificate shall be duly signed by him in his official capacity, and shall be attested by said county clerk or county treasurer, who shall witness and sign the same in his official capacity. The probate judge and officer assisting him shall receive from the party to whom the certificate is issued the sum of twenty-five cents for each and every skin so punched, which shall be in full compensation for all services rendered by such officers under the provisions of this act, including affidavits and certificate. Of the said fee of twenty-five cents the probate judge shall receive fifteen cents, and the assisting officer

ten cents.

SEC. 7. It shall be the duty of the probate judge to keep a record in a bound book kept for the purpose, of all skins so punched, showing dates, number and kind of skins so punched, name of owner or owners, and of the witness, and said book shall be transmitted to his successor on the expiration of his term of office.

SEC. 8. Whenever any probate judge shall have reason to believe that any person or persons presenting the skin or skins of any of the above mentioned animals for the purpose of obtaining bounty thereon, has evaded any of the provisions of this act, or seeks to obtain the bounty thereon unlawfully, it is hereby made his duty to require from such person or persons satisfactory evidence of the time, place and manner of the killing of said animal or animals.

SEC. 9. It shall be the duty of the territorial auditor to take all certificates presented that have been issued under the provisions of this act, and he shall give the person or persons presenting the certificates a warrant on the territorial treasury for the amount, as specified in section one of this act. The person presenting the certificate shall receipt upon the back of it the full amount received, and the auditor and treasurer shall keep an account of all warrants so issued and paid, which shall appear in their annual reports to the gov

ernor.

SEC. IO. Any person who shall falsely make, alter, forge, or counterfeit any of the certificates mentioned in this act, shall be deemed guilty of forgery, and upon conviction thereof shall be pun

ished by imprisonment in the territorial prison for a term of not less than one (1) year, nor more than ten years.

SEC. II. Any person or persons who shall patch up any skin or scalp, with intention to defraud the territory, or shall sign any certificates herein provided for, without first counting the skins, or shall intentionally evade any of these provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two hundred dollars, nor more than one thousand dollars, or by imprisonment in the county jail for not less than two nor more than six months, or by both such fine and imprisonment. SEC. 12. Any person or persons who shall swear falsely as a witness, or procure the same to be done by another, for the purpose of obtaining or procuring from any probate judge of this territory a certificate as in this act mentioned, shall be deemed guilty of perjury or subornation of perjury, as the case may be, and upon conviction thereof shall be punished by imprisonment in the territorial prison for a term not less than one nor more than ten years.

SEC. 13. This act shall take effect and be in force from and after February twenty, eighteen hundred and eighty-nine. Approved, February 20, 1889.

BOTTLES, BOXES AND SIPHONS.

AN ACT to protect the owners of bottles, boxes and siphons used in the sale of soda waters, mineral or acrated waters, cider, ginger ale or other aerated non-intoxicating beverages.

Be it enacted by the legislative assembly of the territory of Mon

tana:

SEC. I. Any and all persons and corporations engaged in manufacturing, bottling or selling soda waters, mineral or aerated waters, cider, ginger ale or other aerated, non-intoxicating beverages in bottles or siphons with his, her or their name or names, or other marks or devices branded, stamped, engraved, etched, blown, impressed or otherwise produced upon such bottles or siphons, or the boxes used by him, her, it or them, may file in the office of the clerk of the county in which his, her, its or their principal place of business is situated, and also in the office of the secretary of Montana, a description of the name or names, marks or devices so used by him, her, it or them, respectively, and cause such description to be printed once in each week for three weeks successively in a newspaper published in the county in which said notice may have been filed as aforesaid.

SEC. 2. It is hereby declared to be unlawful for any person or persons, corporation or corporations, to fill with soda waters, mineral or aerated waters, cider, ginger ale or other beverages, or with medicine, compounds or mixtures, any bottle, box or siphons so marked or distinguished as aforesaid, with, or by any name,