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SEC. 3

mark or device of which a description shall have been filed and published as provided in section 1 of this act, or to deface, erase, obliterate, cover up or otherwise remove or conceal any such name, mark or device thereon, or to sell, buy, give, take or otherwise dispose of, or traffic in the same without the written consent of, or unless the same shall have been purchased from the person or persons, corporation or corporations, whose mark or device shall be or shall have been in or upon the bottle, box or siphon so filled, trafficked in, used or handled as aforesaid. Any person or persons or corporporation offending against the provisions of this section shall be deemed guilty of a misdemeanor, and shall be ished for each offense by imprisonment not less than five days nor more than thirty days, or by a fine of ten cents for each and every such bottle, box or siphon so filled, sold, used, disposed of, bought or trafficked in, or by both such fine and imprisonment, in the discretion of the magistrate before whom the offense shall be tried.

The use by any person other than the person or persons, corporation or corporations whose device name or mark shall be, or shall have been upon the same, without such written consent or purchase as aforesaid, of any such marked or distinguished bottle, box or siphon a description of the name, mark or device whereon shall have been filed and published as herein provided, for the sale therein of soda waters, mineral or aerated waters, cider, ginger ale or other beverages, or of any article of merchandise, medicines, compounds or preparations or for the furnishing of such or similar beverages to customers, or the buying, selling, using, disposing of, or trafficking in any such bottles, boxes or siphons by any person other than said persons or corporations, having a name, mark or device thereon, or such owner without such written consent, or the having by any junk dealer, or dealer in second-hand articles, possession of any such bottles, boxes or siphons, a description of the marks, names or devices, wherein shall have been so filed and published as aforesaid without such writien consent, shall and is hereby declared to be presumptive evidence of the said unlawful use, purchase or traffic in, of such bottles, boxes or siphons.

Whenever any person, persons or corporations mentioned in section one of this act, or his, her, its or their agent, shall make oath before any magistrate that he, she or it has reason to believe, and does believe, that any of his, her, its or their bottles, boxes or siphons, a description of the names, marks or devices whereon has been so filed and published as aforesaid, are being unlawfully used or filled, or had by any person or corporation manufacturing or selling soda, mineral or aerated waters, cider, ginger ale and other beverages, or that any junk dealer, or dealer in second-hand articles, vender of bottles, or any other person or corporation, has any such bottles, boxes or siphons in his, her or its possession, or secreted in any place, the said magistrate must

SEC. 4.

Sec. 5.

thereupon issue a search warrant to discover and obtain the same, and may also cause to be brought before him the person in whose possession such bottles, boxes or siphons may be found, and shall then enquire into the circumstances of such possession and if said magistrate finds that such person has been guilty of a violation of section two of this act, he must impose the punishment therein prescribed, and he shall also award possession of the property taken upon such search warrant to the owner thereof.

All acts and parts of acts inconsistent herewith are for the purpose of this act hereby repealed.

SEC. 6. This act shall take effect immediately after its passage. Approved, March 9, 1889.

BRIDGES-FREE. AN ACT to authorize Counties to Build Free Bridges. Be it enacted by the Legislative Assembly of the Territory of Mon

tana :

SEC. I. That the county commissioners of the several counties of the territory of Montana, if in their judgment they deem it for the best interest of their county, are hereby authorized in addition to the taxes already levied in said counties, to levy a special tax, not to exceed one mill on the dollar of the taxable property of said county, for the purpose of constructing and maintaining free bridges in said county.

The taxes authorized to be levied by this act shall be levied and collected in the same manner as other taxes, and the money when so collected shall be paid into the county treasury and kept as a special bridge fund, subject to the order of the the county commissioners, who shall expend the same in constructing and maintaining suitable bridges, on the watercourses in said counties, at such places as shall in their judgment best accornmodate the public convenience.

Sec. 3. The construction of said bridges shall be under the supervision of the board of county commissioners, and all work thereon that exceeds the amount of $100 shall in all cases be contracted for to the lowest responsible bidder, under such rules and regulations as the said board of commissioners may prescribe.

Before any contract as aforesaid shall be let, the county commissioners shall advertise for bids therefor in the newspaper having the contract to do the county printing, for at least thirty days prior to the letting of said contract, which advertisement shall set fourth all neccessary specifications on which to base proposals. Provided, however, that in cases of emergency, when the commissioners may consider the immediate construction or repairs of any bridge neccessary for the public convenience, they may contract for the performance of work without the aforesaid advertisement.

SEC. 2.

SEC. 4.

SEC. 5. This act shall take effect and be in force from and after its passage. Approved, February 28, 1889.

CEMETERIES.

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AN ACT relating to the protection of cemeteries and the remains of the dead. Be it enacted by the legislative assembly of the territory of Mon

tana:

SECTION I. That every person who willfully or maliciously defaces, breaks, destroys, cuts, mutilates, injures or removes any tomb, monument, gravestone or other structure erected to any deceased person, or memento or memorial or any tree, shrub or plant, ornamental or otherwise, appertaining to the place of burial of a human being, or who shall deface, break, destroy, cut, mutilate, injure or remove any fence, post, rail or wall of any cemetery or graveyard, or grave therein, shall be deemed guilty of a misdemeanor and

upon

conviction thereof shall be fined in any sum not exceeding fifty dollars, or imprisoned in the county jail for thirty days, or by both such fine and imprisonment, and may be adjuged to pay the costs of the prosecution. SEC. 2.

That every person who mutilates, disinters or removes. from the sepulchre the dead body of a human being without authority of law shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned in the penitentiary for a period of five years and fined in any sum not exceeding one thousand dollars, or both such fine and imprisonment and pay the costs of prosecution. But the provisions of this section shall not apply to any person who shall upon due notice given to the authorities of any cemetery remove the dead body of a relative or friend for re-interment

That every person who disinters and removes, or who knowingly receives after any disinterment and removal the dead body of a human being, from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell or dissect the same, without authority of law, or from malice or wantonness shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned in the penitentiary for a period not exceeding five years and fined in any sum not exceeding one thousand dollars, and may be adjudged to

be adjudged to pay the costs of prosecution.

That the superintendent, manager or any other person in charge of any cemetery in Montana is hereby authorized to arrest forth with any person committing any of the offenses specified in this act, and bring such person before any court of competent jurisdiction for the purpose of holding such person to answer for such offense or offenses, and then and there shall make complaint in due form.

SEC. 3

SEC. 4.

Sec. 5. This act shall take effect from and after its passage. Approved, March 12, 1889.

CITY ORDINANCES, AN ACT to amend section 334 of the compiled statutes of Montana, fifth division, relating

to printing and posting city ordinances. Be it enacted by the legislative assembly of the territory of Mon

tana : SEC. I.

That section 334, fifth division, compiled statutes of Montana territory, be and the same is hereby amended to read as follows:

Sec. 334. As soon as may be after the passage of any ordinance it shall be recorded in a book kept for that purpose and known as the book of ordinances of the city or town of

All ordinances shall be signed by the mayor or presiding oflicer of the council and by the city clerk. Ordinances of a general nature and those imposing any fine, penalty or forfeiture, may be published in some newspaper published within the limits of the city or town, or written copies of such ordinances shall be posted in not less than five conspicuous places within the limits of such city or town as the council may direct. Provided, That the city clerk shall attach at the expiration of each term of posting and at the end of the ordinances as recorded in the book of ordinances his certificate as to the fact of posting said ordinance as provided for in this act. SEC. 2.

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

SEC. 3. This act shall take effect from and after its passage. Approved March 9, 1889.

CITIES AND TOWNS-INDEBTEDNESS.

AN ACT to amend an act to enable cities and towns to incur indebtedness.

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

tuna :

SECTION 1. Section one of an act entitled "An act to enable certain cities and towns to incur indebtedness,” approved September fourteenth, eighteen hundred and eighty-seven, is hereby amended so as to read as follows: Section 1. That any incorporated city or town in the territory of Montana having an assessed valuation of eight hundred thousand dollars or over, is hereby authorized to submit to the qualified electors of such city or town the question, whether coupon bonds shall be issued on the credit of such city or town to an amount not exceeding, including existing indebtedness, four per cent of its assessed valuation for the purpose of constructing water works, public buildings, street grades, bridges, sewers or other public improvements.

SEC. 2. Section six of said act is hereby amended so as to read as follows: Section 6. Such bonds shall be redeemable in ten years and payable in twenty years. Whenever at any time after ten years from the issue of said bonds, the sum in the sinking fund shall equal or exceed one thousand dollars, and from time to time thereafter when it may occur the said city or town treasurer shall cause a notice to be published in one newspaper published in such city or town that he will in thirty days from the date of such notice, redeem said amount of bonds which then may be payable, giving the number thereof, preference being given to the oldest issue; and if at the expiration of thirty days the holder or holders of said bonds shall fail or neglect to present the same for payment, interest thereon shall cease; but the treasurer shall at all times thereafter be ready to redeem the same on presentation.

Such notice shall be sent by mail to such bank in New York City as the treasurer has designated as the bank at which said bonds and the interest thereon will be paid.

SEC. 3. Nothing in this act contained shall be so construed as to effect the validity, or to change the terms or conditions of any obligations issued or contracted under and in pursuance of the act of which this act is amendatory.

SEC. 4. This act shall take effect from and after its passage. Approved, February 28, 1889.

CODE COMMISSION.

AN ACT to provide for the appointment of a commission to codify the criminal and civil

law and procedure, and to revise, compile and arrange the statute laws of Montana. Be it enacted by the legislative assembly of the territory of Mon

tana:

SECTION I. The governor of the territory of Montana, by the advice and with the consent of the territorial council is hereby authorized and empowered to appoint a commission of three persons learned in the law, and of this territory, to codify the criminal and civil law and procedure, and to revise, simplify, arrange and consolidate the statutes of the territory of Montana, which shall be in force at the time such commission shall make their final report.

SEC. 2. It shall be the duty of the commission to prepare the following codes: The civil code, the penal code, the code of civil procedure and the political code. The civil code shall consist of the body of the common law reduced to the form of a statute as far as possible, with such changes and amendments as it shall seem to the commission advisable. The penal code shall treat of crimes and punishments, of criminal procedure and of prisons and jails.

The code of civil procedure shall treat of the procedure and practice in civil actions and proceedings in all of the courts. The political code shall treat of the sovereignty and people of the state,

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