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On receipt of his ballot, the elector shali forthwith,. and without leaving the polling place, retire alone to one of the places, booths, or compartments provided, to prepare his ballot. He shall prepare his ballot by marking a cross before or after the name of the person or persons for whom he intends to vote. For example, X; or in case of a ballot containing a constitutional amendment, or other question, to be submitted to the vote of the people, by crossing out therefrom parts of the ballot in such a manner that the remaining part shall express his vote upon the question submitted. Or the elector may write in the blank spaces or paste over another name the name of any person for whom he may wish to vote. In marking a ballot, any elector shall be at liberty to use or copy any unofficial sample ballot which he may choose to mark or to have had marked in advance of entering the polling place or booth; but no elector shall be at liberty to use or bring into the polling place any unofficial sample ballot printed in the exact style, manner, width or character of paper of the official ballot.' After preparing his ballot, the elector shall fold it so that the face of the ballot will be concealed and so that the endorsement stamped there
be seen. He shall then vote forth with and before leaving the polling place: Provided, however, That any elector who desires to vote for an entire group may mark a cross as above described against the political designation of such group, and shall then be deemed to have voted for all the persons named in such group whose names shall not have been erased.
SEC. 25. Not more than one person shall be permitted to occupy any one booth at one time, and no person shall remain in or occupy a booth or compartment longer than may be necessary to prepare his ballot, and in no event longer than five minutes. Provided, that the other booths or compartments are occupied.
SEC. 26. Any voter who shall by accident or mistake spoil his ballot may on returning said spoiled ballot, receive another in place thereof.
Sec. 27. Any voter who declares to the judges of election, or when it shall appear to the judges of election that he cannot read, or that by blindness or other physical disability he is unable to mark his ballot, shall, upon request, receive the assistance of one or two of the election officers in the marking thereof, and such officer or oflicers shall certify on the outside thereof that it was so marked with his or their assistance, and shall thereafter give no information regarding the same. The judges may, in their discretion, re. quire suçh declaration of disability to be made by the voter under oath before them, and they are hereby qualified to administer the
No elector, other than one who may, because of his inability to read, or physical disability, be unable to mark his ballot, shall divulge to any one within the polling place the name of any candidate for whom he intends to vote, or to ask or receive the as
sistance of any person within the polling place in the preparation of his ballot.
Sec. 28. No judge of election shall deposit in any ballot box any ballot upon which the official stamp as hereinbefore provided for does not appear. Every person violating the provisions of this section shall be guilty of a misdemeanor.
The county clerk of each county shall cause to be printed in large type on cards in English, instructions for the guidance of electors in preparing their ballots. He shall furnish six such cards to the judges of election in each election precinct, and one additional card for each fifty registered electors or fractional part thereof in the precinct at the same time and in the same manner as the printed ballots. The judges of election shall post not less than one of such cards in each place or compartment provided for the preparation of ballots, and not less than three of such cards elsewhere in and about the polling places upon the day of election. Said cards shall be printed in large, clear type, and shall contain full instructions to the voters as to what should be done, viz: First, to obtain ballots for voting; second, to prepare the ballots for deposit in the ballot boxes; third, to obtain a new ballot in the place of one spoiled by accident or mistake; said card shall also contain a copy of sections thirty-one, thirty-two, thirty-three and thirty-four of this act. There shall also be posted in each of the apartments or booths one of the official tickets without the official stamp herein before provided for and not less than three such tickets posted elsewhere in an about the polling places upon the day of election.
In the canvass of the votes any ballot which is not endorsed, as provided in this act by the official stamp shall be void and shall not be counted, and any ballot or parts of a ballot from which it is impossible to determine the elector's choice shall be void and shall not be counted: Provided, that when a ballot is sufficiently plain to gather therefrom a part of the voter's intention, that it shall be the duty of the judges of election to count such part.
No person shall falsely make, or make oath to, or fraudulently deface or fraudulently destroy any certificate of nomination, or any part thereof; or file or receive for filing any certificate of nomination knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination which has been duly filed, or any part thereof, or forge or falsely make the official endorsement on any ballot. Every person violating any of the provisions of this section shall be deemed guilty of a felony, and upon conviction thereof in any court of competent jurisdiction shall be punished by imprisonment in the penitentiary for a period of not less than one year nor more than five years.
SEC. 32. No person shall during the election, remove destroy any of the supplies or other conveniences placed in the booths or compartments for the purpose of enabling the voter to
prepare his ballot, or prior to or on the day of election, willfully deface or destroy any list of candidates posted in accordance with the provisions of this act. No person shall during an election, tear down or deface the cards printed for the instruction of voters. Every person willfully violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not exceeding one hundred dollars.
SEC. 33. Every public officer upon whom any duty is imposed by this act who shall willfully do or perform any act or thing herein prohibited, or neglect or omit to perform any duty as imposed upon him by the piovisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit his office and shall be punished by imprisonment in the county jail for a term of not less than one month nor more than six months, or by a fine of not less than fifty dollars and not more than five hundred dollars or by both such fine and imprisonment.
No officer of election shall do any electioneering on election day. No person whatsoever shall do any electioneering on election day within any polling place, or any building in which an election is being held, or within twenty-five feet thereof, nor obstruct the doors or entries thereto, or prevent free ingress to and egress from said building. Any election officer, sheriff, constable or other peace officer is hereby authorized and empowered, and it is hereby made his duty to clear the passageways and prevent such obstruction, and to arrest any person so doing. No person shall remove any ballot from the polling place before the closing of the polls. No person shall show his ballot after it is marked to any person in such a way as to reveal the contents thereof, or the name of the candidate or candidates for whom he has marked his vote, nor shall any person solicit the elector to show the same; nor shall any person except a judge of election receive from any elector a ballot prepared for voting. No elector shall receive a ballot from any other person than one of the judges of election having charge of the ballots, nor shall any person other than such judges of election deliver a ballot to such elector. No elector shall vote or offer
a to vote any ballot except such as he has received from the judges of election having charge of the ballots. No elector shall place any mark upon his ballot by which it may afterwards be identified as the one voted by him. Every elector who does not vote a ballot delivered to him by the judges of election having charge of the ballots shall
, before leaving the polling place, return such ballot to such judges.
Whoever shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not exceeding one hundred dollars and adjudged to pay the cost of prosecution.
SEC. 35. It shall be the duty of the secretary of the territory to cause to be published in pamphlet form and distributed through the county clerks of the respective counties a sufficient number of copies of this law, together with the registration law of the territory, and such other laws as bear upon the subject of election, as will place a copy thereof in the hands of all officers of elections.
Sec. 36. Section ten hundred and eighteen of the fifth division of the compiled laws of Montana, and all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed.
SEC. 37. This act shall take effect and be in force from and after June first, eighteen hundred and eighty-nine.
Approved, March 13, 1889.
AN ACT to amend section two hundred and seventy-two second division, Compiled Statutes
of Montana, entitled “Probate Practice Act.” Be it enacted by the Legislative Assembly of the territory of Mon
SECTION 1. That section two hundred and seventy-two of the second division of the compiled statutes of the territory of Montana, entitled “Probate Practice Act,” be and the same is hereby amended so as to read as follows; Section two hundred and seventy-two. Pending the settlement of any estate, on the petition of executor, administrator or any one or more of the heirs-at-law, legatees or devisees, to the probate court, the judge thereof may order any moneys in the hands of any executor or administor to be loaned, for such length of time as may be requested by the party petitioning and the court or judge may think to the interests of the estate, and on such security as the said executor and the court or judge thereof may approve of, which shall not be a period of time to exceed one year at any one time; Provided, that no money shall be loaned under the provisions of this act, except on United States, state, territorial, county or approved municipal bonds or real estate mortgage (and then only to the extent of one-half of the market value of the real estate so loaned upon the value of said property to be estimated by the probate judge); And provided fur. ther, that the term “real estate” as herein used shall not be deemed or held to include mining property. Such order can only be made after publication of such notice of petition in the manner provided by law for the publication of other notices in the probate court. SEC. 2.
This act shall take effect from and after the date of its passage.
Approved, March 12, 1889.
ESTATES-WHERE PARTNERSHIP EXISTS.
AN ACT to amend section two hundred and twenty-nine of the Probate Practice Act.
That section two hundred and twenty-nine of the probate practice act be and the same is hereby amended so as to read as follows: Section two hundred and twenty-nine. When a partnership exists between the decedent at the time of his death and any other person, the surviving partner has the right to continue in possession of the partnership property, and to settle its business, but the interest of the decedent in the partnership must be included in the inventory and be appraised and appropriated as other property; Provided, however, that the surviving partner is only to be allowed to control the interest of the deceased partner by giving bond in favor of the executor or administrator in a sum equal to the value of the interest of such deceased partner in and to the property of the partnership, said amount to be determined by the probate judge.
The surviving partner must settle affairs of the partnership without delay, treating all creditors alike, and giving no preference to any, except such as are made so by mortgage, pledge or lein, and account with the executor or administrator, and pay over such balances as may from time to time be payable to him in the right of the decedert. Upon application of the executor or administrator, the probate judge may, whenever it appears necessary, order the surviving partner to render an account, and in case of neglect or refusal, may, after notice, compel it by attachment and the executor or administrator may maintain against him any action which the decedent could have maintained. Approved, March 14, 1889.
FEEBLE-MINDED AND IMBECILE CHILDREN. AN ACT to provide for the care and maintenance of feeble-minded and imbecile children. Be it enacted by the Legislative Assembly of the Territory of Mon
SECTION I. That the provisions of sections 994, 995 and 996 of chapter fifty-seven of the tifth division, General Laws, Compiled Statutes of Montana, relative to deaf, mute and blind children be and the same are hereby amended so as to include feeble-minded or imbecile children, between the ages of eight and eighteen years, and in case of any application for the care of any such imbecile or feeble minded child the governor and superintendent of public instruction of Montana shall proceed to select a suitable asylum for the care of such feeble minded child, according to said sections hereby amended, and the auditor of the territory shall pay by warrant any certificates certified to him for the transportation of any imbecile or feeble-minded child in the manner required by section 996 of said act.