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SEC. 10. No person otherwise competent as a witness, shall be disqualified or excused from testifying as such, either before any court or jury to any facts concerning offenses mentioned in this act, on the ground that his testimony may criminate himself, and such testimony, if given, shall not be used as evidence against such witness.
SEC. II. No law of Montana Territory shall in any matter be construed to permit in any way whatsoever the running, carrying on, or playing any of the games prohibited in section one of this act, and section thirteen hundred and fifty of the fifth division of the complied laws of Montana and section ten of an act, entitled an act to amend an act entitled an act concerning licenses, approved September fourteenth, eighteen hundred and eighty-seven so far as they relate to games prohibited in section one of this act, be and the same are hereby repealed; Provided, Nothing in this section or this act, anywhere contained shall be construed to prevent the licensing and conducting according to law of the games called and generally known as faro bank, round the table Poker, and the selling of paris mutual and auction pools on races. SEC. 12.
One half of all fines collected under the provisions of this act, shall be paid to the person informing against the defendant, and the other half shall be turned over to the county treasurer of the county for the use of the general fund of such county. Sec. 13. For each and every conviction of any person violating
of the provisions of this act, the county attorney prosecuting shall receive in addition to the fees now allowed him by law a fee of fifteen dollars, to be allowed him by the county commissioners of the county where such conviction may be had.
SEC. 14. This act shall take effect and be in force on and after February twenty-fifth; eighteen hundred and eighty-nine. Approved, February 20, 1889.
GAMBLING HOUSES-SIGNS. AN ACT to repeal Section 206, Chapter II, Compiled Statutes of the Territory of Montana. Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. That section two hundred and six of fourth division of Compiled Statutes of the Territory of Montana, be and the same is hereby repealed. This act shall take effect from and after its passage and approval by the governor.
Approved, March 6, 1889.
GAME AND FISH.
AN ACT providing for the better protection of game and fish, and for the creation of the
office of game and fish warden. Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. There is hereby created the office of game and fish warden, for each of the counties of the territory of Montana, who may be appointed to hold office subject to the provisions of this act.
The duties of said officer shall be to examine into and inquire as to any infractions and violations of the game and fish laws of the territory of Montana in the county for which he is appointed, and to institute prosecutions for such infractions or violations in the courts of said county; that he shall be vested with all of the powers of the sheriff of the county in making arrests and in the prosecution of all offenses against the game and fish laws of the territory.
SEC. 3. Upon petition being made to the board of county commissioners of any county, signed by not less than one hundred resident taxpayers of said county, and requesting the appointment of such game and fish warden for said county, such board of commissioners, if in their judgment the best interests of the county demands it, may appoint some suitable person to act as such officer; that such game and fish warden shall hold his office for not more than twelve nor less than three months. The length of his term of office shall be fixed in his appointment by the said board of commissioners.
Sec. 4. That such game and fish warden may be removed or temporialy suspended by the board of county commissioners who appointed him, upon proof of his incompetency or neglect of duty, or whenever in the judgment of the said board his services are not necessary.
Sec. 5. That compensation of such officer shall be at the rate of not to exceed one hundred dollars per month during the time which he shall serve, which account shall be audited and allowed by the board of county commissioners, as other accounts, and shall be paid by warrants drawn on the general fund of the county; that he shall also receive the sums allowed by law to informers in all prosecutions which he shall institute under the game and fish laws, and in which the fine imposed and the costs of the prosecution are collected.
Sec. 6. Whenever any offenses is committed against the game and fish laws of the territory of Montana, upon any river, lake, stream or body of water, which is the boundary between different counties of the territory or which lies partly in one county and partly in another, the jurisdiction for the prosecution of such offence shall be in either county bordering upon such lake, river, stream or body of water.
SEC. 7. That any person appointed fish and game warden under the provisions of this act shall, before entering upon the discharge of the duties of his said office, give a bond to the territory of Montana, which said bond shall be approved by the county commissioners and filed in the office of the county clerk in the county where such fish warden is appointed, and in a sum to be fixed by the county commissioners, and not to exceed one thousand dollars, for the faithful performance of the duties of his office. This act shall take effect on and after March ist, 1889.
Approved, February 20, 1889.
GAME AND FISH. AN ACT for the better protection of game and fish. Be it enacted by the legislative assembly of the territory of Mon
SECTION I. That any person who shall wilfully shoot or otherwise kill, for the period of ten years from and after the passage of this act, any bison, buffalo or quail, or who shall wilfully shoot or otherwise kill for the period of six years, from and after the passage of this act, any mocse, elk or beaver within this territory, shall be deemed guilty of a misdemeanor, and be fined not less than two hundred dollars nor more than five hundred dollars, or be imprisoned in the county jail not less than two months nor more than six months, or both such fine and imprisonment for each offense committed, in the descretion of the court, and the possession of the skin or meat of any of the above mentioned animals killed during said period shall be presumptive evidence that the person, having either in his possession killed the same in violation of this section. The provisions of this section shall not be deemed or held to apply to persons who raise or own buffalo.
SEC. 2. That any person or persons who shall wilfully shoot or otherwise kill or cause to be killed, any white-tailed deer, black-tailed deer, mule deer, mountain sheep, Rocky mountain goat, or antelope, between the first day of January and the fifteenth day of September of the same year, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty dollars nor more ihan fifty dollars for each offense committed.
SEC. 3. That a fishing tackle consisting of a rod or pole, line and hood, or spear, shall be the only lawful way that fish can be taken in any of the rivers, streams, lakes or ponds of this territory; that said hook shall not be bated with any poisonous drug or substance, and that it shall be unlawful for any person or persons to make any dams or use any fish traps, grab hooks or similar means for catching fish, or to use any drugs or poison or giant powder, or other explosive cornpound, intending to catch, kill or destroy fish of any species, but nothing hereincontained shall prevent the use of any seine or other catch net used to catch fish in any river or stream below two hundred miles from the head of any such river or stream; provided, that such seine or catch net shall have a mesh not less than one inch square, and any person or persons, company or corporation offending against this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding two hundred and fifty dollars, or shall be imprisoned for a period not more than six months and shall pay the costs of prosecution.
Sec. 4. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
SEC. 5. This act shall take efiect on and after its passage.
INSPECTOR OF MINES.
AN ACT to create the office of inspector of mines and to define his duties.
SECTION I. That the office of Inspector of Mines of Montana be, and the same is hereby created. SEC. 2.
The governor, by and with the consent and advice of the legislative council, shall appoint an inspector of mines, who shall be a person of temperate habits, a citizen of the United States, a resident of Montana, and a property owner therein, not under thirty (30) years of age, who shall be theoretically and practically acquainted with mines and mining in all its branches, and whose term of office shall be for (2) two years, unless sooner removed by the governor for cause, and whose office shall be at the capital of Montana: Provided, That when a vacancy occurs in the foregoing office from any cause, and the legislative council shall not be in session, the governor shall have power to appoint said inspector of mines, who shall perform the duties and receive the compensation of such office as hereinafter provided, until the next session of the legislative assembly, when the governor shall submit such appointment to the council for their approval or rejection. No person shall hold the office of inspector of mines of Montana who may be an employee of any mining company or corporation during his term of office, or who may be during such term of service an officer of any mining company or corporation, or a director thereof. The inspector of mines and the deputy inspector of mines of Montana, shall each before entering upon his respective duties, take and subscribe an oath in the following form:
do solemnly swear that I will perform each and every duty required of me as inspector or deputy inspector of mines of Montana; that I will at all times, while acting in such official capacity, fulfill the duties of such office according to the law and to the best of my skill and understanding; that I will never at any time while I hold the office of inspector or deputy inspector of mines disclose to any one, directly or indirectly, under any circumstances whatsoever, any information relative to the value of any mining property that may have come to me in any visit to, or examination of, or knowledge of any such mining property within Montana, while I am acting as such official; that I will never in any way take advantage of, or suffer any one else to take advantage of, my knowledge relative to the value of any ore or mineral in any mine, that I may acquire in any examination of any mine or shaft, or tunnel connected with any mine, or of any ore or mineral that I may see within any mine; that I will never deal in any mining properties, directly
or indirectly, by bargain or sale, wherein I may have occasion to make any examination, or while am acting as such inspector or deputy inspector of mines, nor will I impart or express to any person any opinion I may form of the value of any mine, or any ore within any mine, or any part of any mine; that I shall consider this obligation as binding upon me while I am not acting as inspector or deputy inspector as I shall while I am acting in such official capacity. To all of which I pledge my sacred honor, so help me God.
SEC. 3. The inspector of mines shall have a seal bearing the words “Inspector of Mines of Montana,” which shall be kept by him exclusively for the use of his office, and said seal shall be affixed to official documents only.
SEC. 4. The inspector of mines shall devote his entire time to the duties of his office, and shall receive a salary of two thousand five hundred dollars per annum. The Governor of Montana with the advice and consent of the legislative council shall appoint a deputy inspector of mines. Such deputy inspector shall serve for two years, but shall always be subject to removal by the governor. The deputy inspector shall act at any time when an emergency arises, such as in case of accidents in mines, or of the absence or disability of inspector, and shall receive as compensation for his services while actually engaged in the performance of duty, the sum of six dollars per diem; provided, the total compensation of such deputy shall in no case exceed six hundred dollars per annum. The qualifications of the deputy inspector shall be the same as those of the inspector. The salary of the inspector shall be paid quarterly
. out of the territorial treasury. Any per diem due to the deputy shall be paid upon vouchers approved by the inspector and by the territorial auditor.
SEC. 5. All necessary expenditures of money incurred by the inspector of mines and his deputy, not exceeding two thousand dollars per annum for traveling, rent, fuel, postage, stationary and print
shall be paid out of any fund in the territorial treasurer not otherwise appropriated, and the territorial auditor is hereby authorized to issue his warrants on the treasurer for the same; provided, that proper vouchers shall be presented to the auditor, certified to under oath by said inspector, for all such expenditures.
SEC. 6. It shall be the duty of the inspector of mines to visit, enter and examine in person or by duly appointed deputy any mine or piece of mining ground for the purpore of ascertaining the condition of the same in regard to its safety, ventilation and means of egress, and for this purpose shall have access at any and all times to any mine stopes, levels, winzes, tunnels, drifts, cross cuts, shafts, works and machinery for the purpose of such inspection: Provided however, The working of such mine shall not be impeded or obstructed during such examination; Provided further, That this inspection shall not be at the expense of the owner, lessor, lessee, or