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such lands, or part of such lands are situated, by petition under oath, for the appointment of a guardian, and for leave to sell her inchoate right of dower; which petition shall state: First, the name, age and residence of such married women, and the name, residence and age of her husband, as near as can be ascertained. Second, the nature of the disability of said married woman, and the length of time it has existed. Third, a full description of the lands and premises in this territory to be affected by such proceedings. Fourth, the value of each piece of real estate, and the amount of incumbrance upon it (if any) not affected by, or prior to her claim of dower. Fifth, if the real estate is to be sold by the husband, or has been sold by him, the exact amount of the consideration of such sale as made or agreed upon. Sixth, the reasons why such sale is desirable to said husband or petitioner.
SEC. 3. Upon the filing of such petition the said district judge or court shall enter an order that the petition be heard on a certain day, and notice of the hearing be given by publication or otherwise, in such manner and to such person as said judge or court shall direct.
At such hearing the said wife may appear by council, or by guardian ad litem appointed as in other cases by said court or judge, and may answer such petition in the time and manner said court or judge may direct; and upou the filing of an answer the case shall be deemed at issue, or if the said wife shall fail to appear as herein provided, the judge or court shall appoint same competent attorney on behalf of such wife and proceed summarily upon written evidence taken under its orders to hear and determine the case; or at its discretion may refer it to a court commissioner appointed by the court or judge for the purpose, to take proofs and report the same to the court or judge with his opinion. First, as to the insanity or imbecility of the respondent; second, as to the propriety or necessity of selling said real estate, or of barring said respondent's right of dower therein; third, the cash value at the time of her dower interest in said piemises, taking into consideration the respective ages of said husband and wife. Upon the coming in of said report the court or judge shall consider the same, and enter such order as shall be just and equitable. If said court or judge shall decide that the respondent is insane and that it is desired that the right of dower should be barred, it shall fix the then present value of such dower, and thereafter shall appoint a guardian of such insane person, who shall be some person other than her husband, who, shall give a bond in a sum to be fixed by the court or judge, with surety or sureties to be approved by the court, conditioned to receive and invest any money that may come into his hands for her sole use and benefit, under the order and direction of the court or judge, both as to its investment and to the disposition ef the income thereof.
SEC. 5. Upon the approval of such bond said guardian may proceed and sell at private sale as such guardian, the interest of such married woman in said land, at a sum not less than the value of said dower as fixed by said court. He may join with the husband in such conveyance; or if the husband has previously sold and conveyed said property, may, by separate conveyance, deed said right of dower to the husband's grantee or grantees, his or their heirs and assigns, but to no other person. Said conveyance shall in such cases be as effective to bar the right of dower of said married woman as if she had, being in sound mind, joined her husband in a deed of said premises.
.Sec. 6. Said guardian shall apply the income of said money to the support of said married woman, or allow the same to accumulate, as the court may direct. And upon the restoration of said married woman to sound mind, shall, upon the order of the court, transfer to her all the funds in his hands, and upon her death shall deliver the same to her husband, if he shall be living at her death. If not living, then to her heirs at law; or in case such wife have no heirs at law, then to the heirs at law of her husband.
SEC. 7. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
SEC. 8. This act shall take effect from and after its passage. Approved, March 13, 1889.
AN ACT to prevent the sale of certain noxious drugs. Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. No person or persons or corporation shall sell or in any way dispose of to any person any morphine, opium, cocaine, chloral hydrate, or any of their compounds, except to regularly licensed physicians or on the authority of a certificate of a regularly licensed physician; and on the receipt of any of the above mentioned drugs or their compounds by the buyer said certificate shall be surrendered to the seller, and upon its surrender it shall become in effect null and void. SEC. 2.
All such certificates shall be kept on file by the party or parties to whom surrendered and subject to the inspection of any person desiring so to do.
SEC. 3. Any person or persons or corporation who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine of one hundred dollars, or imprisonment in the county jail for the term of sixty days, or both such fine and imprisonment.
SEC. 4. This act shall take effect from and after its passage. Approved, March 14, 1889.
AN ACT to provide for the registration of the names of electors and to prevent fraud ať
Be it enacted by the legislative assembly of the territory of Mon
SECTION I. The boards of county commissioners of the several counties in Montana shall at their regular meeting to be held in June, 1889, and thereafter at each regular June meeting to be held every general election year, lay out their several and respective counties in convenient election districts, which shall be numbered and known as election district No. 1, election district No. 2, and so
There shall not be less than two nor more than twenty election districts in any single county. The county commissioners shall, in creating and establishing said election districts, include in any one district as many poliing places and precincts as shall be necessary and convenient for the voters of the said election district, wherein such voting precincts may be established.
The polling precincts shall be established as may be provided by general laws; Provided, That in June, 1889, the election districts to be established under this law shall be established with reference to, and to include every precinct where votes were cast at the last general election in Montana held prior to June, 1889; but no voting precinct shall be established after the first day of registration as herein provided. And at any regular meeting after June, 1889, and prior to the first day of registration as herein provided, the county commissioners shall have discretionary power, on petition of ten qualified voters within any election district, to vacate, change, consolidate, remove or establish any voting precincts within the districts established as herein provided for; Provided, After June, 1890, no increase or decrease shall be made in the number of such. election districts oftener than once in two years. SEC. 2. There shall be one registry agent for each election
2 district created pursuant to this act. All registry agents shall be competent persons and shall be appointed by the board of county commissioners. They shall be resident freeholders and qualified voters in the several election districts for which they shall be appointed. They shall be, and are hereby empowered and authorized to administer oaths and affirmations and to do such other acts as may be necessary to fully carry out the provisions of this act; Provided, except as herein provided for, the first registry agents to be appointed under this act shall be appointed by the county commissioners of the several counties at their regular meetings in June, 1889, and they shall hold their oflices until June 4th, 1890, and until their successors are appointed and qualified; Provided further, That no person a candidate for, or who holds a territorial, county or other office shall be eligible to or hold the office of register of elections. All registry agents shall be
appointed biennially each regular general election year at the regular June meeting of the board of commissioners and shall hold their offices for the period of two years, except as herein otherwise provided, but they shall be subject to removal at any time by the board of county commissioners; Provided, That in any election district wherein any incorporated city containing five thousand population or more, is situated, it shall be lawful for the county commissioners to appoint two registry agents, and in any district where two registry agents shall be so appointed, the county commissioners shall allot, by order entered upon their minutes, to each of such agents, the particular precincts in which such agents shall make the registration under this act.
Sec. 3. It shall be the duty of the chairman of the board of county commissioners of any county in Montana, when he shall have received notice from any responsible citizen, of the death, disqualification or resignation of any registry. agent, after the opening and prior to the closing of the books of registration, to immediately, without giving notice, appoint some competent person to fill such vacancy, and it shall be the duty of such person so appointed to qualify within two days after receiving notice of such appointment. Should such person so appointed fail to qualify within the time herein provided, voters may, upon producing evidence as to their right to vote, be registered in any other district in said county, and any person so registered in any other district shall, upon presentation and surrender of a certificate of registration signed by the registry agent of said district, be considered a legal voter in the precinct of the district in which he is a resident. Provided, This section shall not be so construed as to interfere with the right of the full board of commissioners to make such appointment except in cases herein provided. If any person applies to be registered in any district other than the one in which he resides, and is entitled upon proof to a certificate of registration, as provided for in this section, such applicant, in addition to the proof required by this act to entitle him to registration, shall take and subscribe to an oath before the registry agent, in substantially the following form:
Montana, .. 18..... I do solemnly swear that I make this application for registration in district No... of...., county of ...., Montana, because there is no registry agent within election district No. . ., which is the district where I reside and am entitled to vote.
Subscribed and sworn to before me this
Registry Agent. Whereupon such person shall receive from the registry agent of such district a certificate, which said certificate shall bear the registry seal and be substantially as follows, to-wit:
Registration Certificate. I hereby certify that ...... is a citizen of the United States, or
has declared his intention to become such, of the age
of .... years, and has been a resident of Montana for the past consecutive months, and a resident of ...
.... months and of the precinct for more than days, and that he is in all respects a qualified registered elector under the laws; and I further certify that the reason he applies for and that I grant this registration certificate is because within election district No. . ., where he resides, there is no registry agent. And I further certify that he is under the laws entitled to vote in the .... precinct of election district No.
county, Montana. Witness my hand and seal of office in election district No.
county, Montana. [Seal.]
Registry Clerk. Election District No. .. County, Montana.
The county commissioners of the several counties shall provide for the registry agents in their respective counties when and where required all proper and necessary books, seals and stationery to carry out the provisions of this act (particularly printed copies of this act). They shall furnish to each registry agent a bound book, which shall be known as the "official register," which shall be ruled in columns of suitable dimensions to provide for the following entries opposite the name of each elector, to-wit: First, number on the register; second, date of registry; third, name of elector; fourth, age of elector; fifth, where born; sixth, number of ward or name of electoral precinct; seventh, description of residence; eighth, certificate of naturalization exhibited, or certificate of declaration of intention to become a citizen, or a certified copy thereof. They shall also furnish each registry agent with a seal upon which shall be engraved substantially as follows: ... county, Montana, Registry seal, election district No. ... The name of the county and the number of the election district shall be engraved upon such seal to correspond to the county and election district in which such seal is to be used.
It shall be the duty of the registry agents at any time when called upon to do so at their respective offices between the hours of two p. m. and eight p. m. on all legal days from and after the fifteenth day of September to the fifth day of October, and between the hours of ten a. m. and ten p. m. from the fifth day of October to and including the fifteenth day of October, prior to any general election, not herein otherwise provided for, to receive and register the names of all persons legally qualified and entitled to vote at such election, or who will have legally acquired a residence (being otherwise qualified) and who have a right to vote at such ensuing election according to the provisions of law under which such election may be held in each election precinct within their respective districts. Registry agents shall enter on the official register, under the proper heading the number and date of registry, the name (with the first or given name in full), the age and nativity of