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SEC. 1394


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AN ACT entitled an act to amend chapter eighty-two, compiled laws of Montana, relating

to leins, and to add thereto a subdivision of section 1394. Be it enacted by the legislative assembly of the territory of Mon

tana :

That there be added to section 1394 of the fifth division of the compiled laws of Montana the following:

Whenever in any action or suit hereafter brought for the purpose of foreclosing a lein or leins under the provisions of this act and judgment is therein rendered for the plaintiff or any person claiming or holding a lein upon any property, the court may order and it is hereby made the duty of the judge thereof to order that the defendant against, whose property the lein is filed shall pay as costs a reasonable attorney fee, to be fixed and allowed by the court and to be collected as are other costs in the action. Approved, March 14, 1889.

AN ACT to amend certain sections of an act entitled: “An act to amend an

ing licenses," approved September 14, 1887. Be it enacted by the legislative assembly of the Territory of Mon

tana : SEC. 1. That subdivision second of section 1 of an act to

I amend an act entitled: "An act concerning licenses," approved September 14th, 1887, be amended so as to read as follows: From the manager or lessee of every theatre (not a variety or concert theatre), one dollar per day or fifteen dollars per month; from each variety or concert theatre, fifty dollars per month; for each single exhibition of opera or concert singer (not exhibited in any theatre where a monthly license is paid), two dollars; for minstrels, legerdemain or other shows not herein provided for, four dollars for each single performanc (when not in a theatre where a monthly license is taken out); for every circus, including side shows, one hundred dollars per day; provided, there shall be no licenses collected from any amateur exhibition or concert for school or charitable or religious purposes. Approved, March 14, 1889.

LIMITATION OF ACTIONS. AN ACT to amend sections 41 and 44, chapter three of the first division of the compiled

statutes of Montana relating to the limitation of actions. Be it enacted by the legislative assembly of the territory of Mon


SEC. I. That section 41 and section 44, chapter three of the compiled statutes of Montana be, and the same are hereby amended so as to read as follows. to-wit:

Sec. 41. Actions other than those for the recovery of real

SEC. 44

SEC. 3.

property as follows: First-An action upon a judgment or decree from any court of the United States or of any state or territory within the United States shall be commenced within , ten (10) years. Second-An action upon any contract, obligation or liability founded upon any instrument in writing shall be commenced within eight (8) years. An action upon

a contract, account or promise, whether expressed or implied, which is not founded upon a written instrument signed by the party chargeable therewith, shall be commenced within five (5) years from the cause of the action accrued. If the action be upon an open and running account the computation of time shall be from the date of the las. item thereof.

SEC. 2. Nothing in this act anywhere contained shall be construed to effect in any way causes of action which may have accrued prior to the passage of this law.

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

LOTTERIES. AN ACT to prohibit lotteries and providing a penalty for the violation thereof: Be it enacted by the legislative assembly of the territory of Mon

tana: SEC. I.

That any person or persons who shall set up or promote any lottery for money, or shall dispose of any property of value, real or personal, by means of a lottery, or who shall aid, abet or encourage either by printing or writing or any other manner, or shall in any way be concerned in preparing, managing or drawing any such lottery; or shall in any house, shop or building owned or occupied by such person or persons, or under his or their control, knowingly permit the preparing, managing or drawing of any such lottery, or the sale of any lottery ticket, share of a ticket, or any other writing, certificate, bill, token or any other device purporting or intended to entitle the holder, bearer or any other person, to any prize, or interest or share of any prize to be drawn in a lottery, shall be punished by imprisonment in the county jail not more than one year, or by a fine not exceeding five hundred dollars.

SEC. 2. Any person or persons who shall sell either for himself or themselves, or for any other person or persons, or shall offer for sale, or shall have in his or their possession with intent to sell or offer for sale, or exchange, or negotiate, or shall in any wise aid or assist in selling, negotiating or disposing of a ticket in any such lottery, or a share of a ticket, or any such writing, certificate, bill token or other device, as is mentioned in the preceding section, except as hereinafter provided, shall be punished by a fine not exceeding five hundred dollars.

SEC. 3. Any person or persons who shall advertise any lottery ticket, or share in such ticket, either by himself or any other per


son or perons, or who shall set up or exhibit any sign or symbol, or any emblem or other representation of a lottery or of the drawing thereof, or any such writing, certificate, bill, token or other device before mentioned, or where the same may be purchased or obtained, or shall in any way invite or entice, persuade or induce or attempt to invite or entice, persuade or induce in any manner whatsoever, any other person or persons to purchase or receive the same, except as hereinafter provided, shall be punished by a fine not exceeding five hundred dollars.

Sec. 4. All drawings of lotteries for which tickets may have been sold previous to May 1, 1889, shall as far as practicable be made before that date. If from any good and reasonable cause any person or persons or corporations conducting any of the lottery schemes now in existence in Montana find they cannot complete their drawings before May I, 1889, they shall upon that dace de*liver all money, property, deed or deeds, or any other evidence of the title to any property, as security for the purchasers of such tickets or shares of such tickets, to the county treasurer of the county in which said lottery drawing is advertised to take place; and the district judge of such counties shall upon application of any person or persons interested appoint a receiver and designate to him the manner in which any such lottery scheme shall be conducted. And such receiver shall give a good and sufficient bond for the safe keeping of property and the faithful performance and carrying out of any drawing of any such lottery schemes, and the proper distributing of prizes connected therewith, and the county treasurer shall, upon application of the district judge, deliver to said receiver any money and articles that may have been delivered to him according to the provisions of this act: Provided, that nothing in this act shall be construed as to prevent the drawing and distribution of prizes lawfully licensed at the time of the passage of this act, but said drawing of prizes must be made on or before May 1, 1889, except as hereinbefore provided.

SEC. 5. The county treasurers of the several counties shall not issue a license for conducting or carrying on any lottery or lottery scheme of whatever kind or name, any license to extend beyond the first day of May, 1889. And any such license issued beyond that date is hereby declared null and void from that day, and any person or persons or corporation having paid for a county or city license, for any lottery where such license shall extend beyond the first day of May, 1889, shall be entitled to, and the county and city treasurers are authorized to refund to any such person or persons or corporation the amount which shall have been paid for such license for any time beyond the said first day of May, 1889. Sec. 6.

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

SEC. 7.

This act shall take effect and be in full force on and after May 1, 1889. Approved, March 14, 1889.


AN ACT to regulate the practice of medicine in the territory of Montana and to provide or the examination and issuing of certificates to persons desirious of practicing the same, and for the punshment of persons violating the provisions of this act. Be it enacted by the legislative assembly of the territory of Mon

tana :

SECTION I. That the governor with the advice and consent of the council, shall appoint seven learned, skilled and capable physicians, who shall have been residents of the territory of Montana for not less than two years preceding their appointment; not more than two of whom shall be from the same county, who shall constitute the board of examiners for the purposes of this act. The physicians so appointed shall hold their respective offices for seven years: Provided, That the terms in office of the seven first appointed shall be so arranged that the term of one shall expire on the thirty-first day of December of each year, and that the vacancies so created as well as all vacancies occurring otherwise, shall be filled by the governor by the advice and consent of the council: And provided also, That appointments made when the council is not in session, shall take effect immediately and may be confirmed at the next ensuing session.

SEC. 2. Said board of medical examiners shall elect from among their own number a president, secretary, and treasurer, annually, and shall have a common seal Four members of said board shall constitute a quorum. The president and secretary shall have power to administer oaths in examination of applicants for certificates, and to witnesses called before the board in the transaction of business, under the provisions of this act. Said board of examiners shall hold meetings for examination at the capital of this territory, and such other central points within the territory as the board may select, on the first Tuesdays of April and October of each year, and at such other times as the board may determine. The first meeting of said board shall be held in Helena on the first Tuesday in April, 1889; said board shall keep a record of all procedings thereof, and also a record or register of all applicants for a certificate, together with his or her age, time spent in the study of medicine, and the name and location of all institutions granting to such applicants degrees or certificates of lectures in medicine or surgery; said register shall also show whether such applicant was rejected, or received a certificate under this act; said books and register shall be prima facie evidence of all the matters therein recorded.

SEC. 3. That every person wishing to practice medicine or surgery in any of their departments within this territory shall do so only upon complying with the requirements of this act. If a grad


uate in medicine, such person shall present his or her diploma to the territorial board of examiners, for verification as to its genuineness. If the diploma is found genuine, and is issued by a medical school legally organized and in good standing, whose teachers are graduates of a legally organized school, which fact the territorial board of examiners shall determine, and if the person presenting and claiming such diploma be the person to whom the same was originally granted, then the territorial board of examiners shall issue its certificate to that effect, and such certificate shall be conclusive as to the right of the lawful holder thereof to practice medicine and surgery within this territory; and any person coming to the territory may present his or hei diploma to any member of the board of examiners, who may issue a certificate, good until the next regu

, lar meeting of the board. If not a graduate the person practicing medicine or surgery within this territory, unless he or she shall have been in continuous practice in this territory for a period of not less than ten years, of which fact he or she shall present to the territorial board of examiners satisfactory evidence of the same in the form of affidavits, shall appear before said territorial board of examiners and submit to such examination as may be required.

Sec. 4. All persons entitled to practice under the ten-year provision mention in section three of this act, and all persons hereafter commencing the practice of medicine and surgery in any of its branches in the territory, shall apply to said board for a certificate so to do, and such applicant, at the time and place designated by said board, or at the regular meeting of said board, shall submit to an examination in the following branches, to wit: Anatomy, physiology, chemistry, histology, materia medica, therapeutics, preventive medicines, practice of medicine, surgery, obstetrics, diseases of women and children, diseases of the nervous system, diseases of the eye and ear, medical jurisprudence, and such other branches as the board shall deem advisable, and present evidence of having practiced the required term of ten years, or of having attended three (3) courses of lectures of at least four (4) months each; said board shall cause such examination to be both scientific and practical, but uf sufficient thoroughness and severity to test the candidate's fitness to practice medicine and surgery; when desired said examination may be conducted in the presence of the dean of any medical school or the president of any medical society of this territory. After examination said board shall, if the candidate has been found qualified, grant a certificate to such candidate, to practice medicine and surgery in the territory of Montana; which said certificate can only be granted by the consent of not less than four (4) members of said board and which said certificate shall be signed by the president and secretary of said board, and attested by a seal thereof. The fee of such examination shall be the sum of fifteen (15) dollars, and shall be paid by the applicant to the treasurer of said board, to be applied by said board towards defraying the expenses thereof; and


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