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superintendents all necessary books, blanks and stationery required in the performance of their official duties, and may in their discretion furnish them with an office at the county seat.
SEC. 12. The county treasurers of the several counties shall receive for all services required of them by law to be performed for any county or the territory of Montana, or in which any county or the territory of Montana is a party, or in any way liable or responsible for costs or fees to said treasurers, each an annual salary of fifteen hundred dollars: Provided, That in addition to the salaries above specified, said county treasurers shall receive a percentage of all moneys or warrants collected for licenses issued, as follows: Upon the first ten thousand dollars, or fraction thereof, five per cent.; on all sums in excess of ten thousand dollars, and not more than fifty thousand, four per cent., and on all sums in excess of fifty thousand dollars, one per cent.: And provided, That the county commissioners may, in their discretion, allow such treasurer a deputy, not to exceed two months in the year, at a salary of one hundred dollars per month: Provided, That it shall be the duty of the county treasurer of the several counties of this territory having an assessed valuation of seven million dollars or over to appoint a deputy treasurer at a compensation not to exceed one hundred dollars per month, and in any county having an assessed valuation of three million dollars and less than seven million, the county commissioners may, in their discretion, permit the county treasurer to appoint a deputy, for not more than six months in each year, at a compensation not co exceed one hundred dollars per month, such salaries to be paid by the county commissioners of such county in warrants drawn on the contingent fund of the proper county, such payment to be paid in addition to the salary and compensation herein before provided for the county treasurer.
The treasurer's salary shall be paiu. ne-fourth quarterly by warrants drawn on the contingent fund of proper county, and payable as other warrants on said fund are paid. The percentage due said treasurers upon licenses collected shall be ascertained by the board of county commissioners and paid quarterly in the same manner as provided for the payment of salaries.
That the assessors of each county in this territory shall receive from their respective counties a salary of one thousand dollars per annum, the same payable quarterly by warrants drawn on the contingent fund of the proper county and payable as other warrants on said fund are paid, and in addition to said salary they shall receive a percentage of the assessed valuation returned by them, subject to all the reductions made by the board of equalization, of one quarter of one mill on each dollar, said per centage to be paid by warrant on the contingent fund of the proper county after assessments shall have been fully completed and confirmed by the board of equalization.
SEC. 15. That the public administrator of each county in this territory may receive compensation as follows, to-wit: When no compensation is provided by the will, or the executor renounces all claim thereto, he must be allowed commission on all sums of money only actually received by him from the sale of property of the estate, or actually disbursed by him in the settlement of the estate, as follows: For the first one thousand dollars at the rate of six per cent; for all above that sum, at the rate of four per cent; and the same commission must be allowed public administrators and other administrators, which shall be the commission herein provided for. In all cases such further allowance may be made as the probate judge may deem just and reasonable for any extraordinary services.
SEC. 16. All officers provided for in this act shall make out a sworn statement quarterly, which shall contain a full and complete statement of all fees and emoluments of whatever character received by them during each quarter, said statement to be filed with the board of county commissioners. A failure to comply with the provisions of this section shall be deemed a misdemeanor, and on conviction thereof. shall be punished by a fine not exceeding one hundred dollars.
SEC. 17. That the fees and salaries in this act provided shall be all the compensation allowed such officers, for all services which they are required to or by this act can perform as such officers. Any such officers who shall charge any greater fee for official services rendered than specially provided for herein shall be liable to the county, territory or persons paying the same, for ten times the sum so paid to such officer to be recovered by civil action, and shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than one hundred nor more than five hundred dollars.
SEC. 18. The sheriffs of the several counties in this territory shall in all cases where any county or the territory shall be liable for fees, for the services of any process, make a statement showing the distance and route and the point from which and to which he actually traveled.
This act shall take effect and be in force from and after April first, eighteen hundred and eighty-nine, section eight hundred and eighty-seven, fifth division General Laws, and all acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Approved, March 14, 1889.
GAMBLING GAMES- PROHIBITED.
AN ACT to prohibit certain gambling games and fixing penalties for violations thereof.
SECTION I. That if any person or person shall deal, play at, or make any bet or wager of any kind, for money or anything representing money, or other thing of value, at any of the game or games called, designated or known as “three-card monte," "strap or belt” game, “thimblerig,” “monte,” “patent safe” game, “blank and red"
" game, “ten dice” game, “wheel of fortune," "percentage stud horse poker,” “percentage draw poker,” “twenty-one," "high ball,” “blue jay," "chuck luck," "short faro," "roulette," "two-card box faro," “oaded dice” game, “bee hive” game, "case" game, "brace faro" game, "keno,” high for luck” game, "brace" game, "envelope" “
“ game, or any brace game or games of any character or description whatsoever, or any of the said games called by different names, or any game or game similar to those enumerated in this section, or called by different names, or any person or persons who play at, or conducts any game of cards, where marked cards are used, or who uses any box or device for any game of chance of any
character or description with intent to deceive any person playing at such game or games, or any person who, in collusion with any other person plays at, or induces another to play at, any game or games of chance, with intent to deceive or mislead any other person or any person who conducts or deals at any game or games of chance where the percentage is greater in favor of the dealer than it appears to be on its faceor who conducts or deals at any cheating or fraudulent game of chance of any kind or description" whatsoever; or who plays at or conducts any game of chance of any character where the dealer or person conducting such game has any secret or hidden or unfair means of playing or dealing whereby the party who plays is deceived by such secret or hidden or unfair means, or shall induce or solicit, or attempt to induce or solicit, any person or persons whatever to make any bet or wager, or play at any such game or games, he is guilty of a felony, and on conviction thereof, shall be imprisioned in the territorial penitentiary for a term not less than six months nor more than two years, and by a fine of not less than one hundred, nor more than five hundred dollars; Provided, nothing in this act contained shall be construed to in any way prevent or prohibit the licensing and conducting, according to law, of the games called and known as “faro bank” and “round the table poker,” or the selling of auction and paris mutual pools on races.
SEC. 2. Whoever keeps a room, building, te nt, booth, shed, or tenement of any kind, to be used or occupied for carrying on or playing of any gambling games, as designated in section one of this act, or knowingly permits the same to be used, or occupied for carrying on or playing any such games, or whoever being the owner of any house, room, building, tent, booth, shed or tenement of any kind, rents the same, or any portion thereof, to be used or occupied for carrying on or playing any gambling game or games prohibited by this act is guilty of a misdemeanor, and on convict
ion shall be fined not more than five hundred, nor less than one hundred dollars, or imprisoned in the county jail not more than six months, nor less than ten days. or both in the discretion of the court; and any owner of any such building, booth, tent, shed, or tenement who knows that any of the games by this act prohibited are played or kept therein, and does not forth with make complaint before some officer qualified under the laws of Montana territory to issue a warrant of arrest against the person or persons so playing, or using or keeping the same for such purpose or purposes, shall be deemed to have knowingly permitted the same to be used and occupied for such purpose.
Whoever suffers or permits any gambling game or games of any kind or description as designated in section one of this act, to be played for gain upon or by means of any gaming device, box, contrivance or machine of any character or denomination whatsoever, in his building or room, or any part thereof, or in any outhouse, booth, tent, or erection of which he has the care possession, or upon any race track or fair grounds, is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred, nor less than one hundred dollars, or shall be imprisoned in the county jail not more than six months, nor less than ten days or both, in the discretion of the court.
Whoever keeps or exhibits for gain, or to win or gain money or other property, any keno bank or any gambling device, box, machine, or contrivance of any kind or description under any denomination or name whatsoever, used in or for the purposes of running or playing any gambling games as designated in section one of this act, is guilty of a misdemeanor, and on conviction thereof shall be fined not more than five hundred dollars, nor less than one hundred dollars, and imprisoned in the county jail not more than six months, nor less than ten days.
SEC. 5. Any keeper or manager of a hotel, tavern, saloon or other house or place of public resort, or of any fair grounds or race track, who suffers or permits any gambling games as designated in section one of this act, to be played at or within such place or places, or in any outhouse building, room, or erection appendant thereto, or connected therewith is guilty of a misdemeanor, and on conviction thereof shall be fined not more than five hundred nor less than one hundred dollars, and be imprisoned in the county jail not more than six months nor less than ten days.
SEC. 6. Any treasurer of any city or county in this territory who shall issue any license to any person or persons, or association of persons, for the purpose of running or playing any gambling game or games, or similar games as designated by section one of this act, is guilty of a misdemeanor, and shall, on conviction thereof, be fined not more than five hundred nor less than one hundred dollars, or be imprisoned in the county jail not more than six months
nor less than ten days, or both, in the discretion of the court, and the holder or holders of any license or licenses, issued for the playing and carrying on of any of the games prohibited by this act, and which may have been issued for any period of time extending beyond February twenty-fifth, eighteen hundred and eighty-nine, shall have a valid claim or claims against such county or city for any sum or sums which may have been paid for procuring said license or licenses for any such period of time extending beyond February twenty-fifth, eighteen hundred and eighty-nine, and all claims under the provisions of this act shall be filed and audited as are other claims against counties and cities; and any county where any such license or licenses may have been issued shall have a valid claim against the territory for the refurding of the percentage which may have been paid by the county treasurer of any such county into the territorial treasury, and upon filing the claim of any such county by the clerk of the board of county commissioners with the territorial auditor, such auditor is hereby directed and empowered to draw his warrant upon the territorial treasurer for such amount out of any funds in the territorial treasury not otherwise appropriated.
Sec. 7. It shall be the duty of all sheriffs, deputy sheriffs, constables, and police officers, and they are hereby required, to seize any table, box, machine, case, dice, cards, or other apparatus or article suitable for the purpose of playing or carrying on any gambling games, as designated in section one of this act, found in the possession r under the control, of the person so arrested, and to deliver th same to the magistrate before whom the person arrested is requ ed to be taken.
SEC. 8. The magistrate to whom anything suitable for playing any gambling game, as designated in section one of this act, is delivered pursuant to the last section, must, upon examination of the defendant, or if such examination is delayed or prevented, without awaitng such examination, determine the character of the thing so delivered to him, and whether it was actually employed, or intended to be employed, by the defendant in violation of the provisions of this act; and if he finds that it is of a character suitable for carrying on or playing any gambling games prohibited by this act; and that it has been used, or was intended to be used by the defendant, in violation of this act, he must cause it to be destroyed, or to be delivered to the county attorney of the county in which the defendant is liable to indictment or trial, as the interests of justice may in his opinion require.
SEC. 9. Upon the conviction of the defendant, the county attorney shall cause to be destroyed everything suitable for playing or carrying on any of the games prohibited by this act, in respect whereof the defendant stands convicted, and which remains in the possession of or under the control of the county attorney.