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to all prosecutors, prisoners, witnesses, marshals, sheriffs and constables, to and from the place or places designated for the meetings of said courts. The fees of sheriffs and constables for serving the processes provided for in this act, shall be the same prescribed by law for similar processes of a civil nature, and shall be paid out of the treasury of Montana.
SEC. 61. The uniform of the National Guard of Montana both dress and fatigue, and all other articles of clothing used by the troops, shall be the same as may be from time to time prescribed by the United States for the army thereof, or such as may be adopted by the legislature of Montana, and the National Guard shall be armed and equipped as the army of the United States.
Sec. 62. Companies may at their own expense provide a different uniform, but the same shall not be worn upon any occasion without the permission of the Commander-in-Chief, while such company or companies are in active service, or upon any stated parade days, or at the annual encampment; and no allowance on any account made to such company or companies shall be applied to the purchase of such uniform
SEC. 63. Each company commander of the National Guard is authorized and empowered upon all occasions, when his company is in actual service or at an annual encampment to employ two company cooks whose compensation shall be adjusted and allowed by the military board and paid as other claims hereinbefore provided are paid.
SEC. 64. The Governor may, whenever an exigency arises deemed in his opinion necessary therefor, authorize the enrollment of the whole body of the militia, and he may organize the same into companies, battalions, regiments, brigades and divisions, and provide for the election or appointment of suitable officers to command the same, which enrollment and organization and election or appointment of officers shall be under such rules and regulations as he may prescribe.
Sec. 65. The Governor is hereby authorized to provide a suitable arsenal at the seat of government for the storage, safe-keeping and preservation of all arms, ordnance stores, quartermaster's stores, and other military supplies, and no such stores shall be issued to the National Guard except upon the requisition of the officer requiring the same, particularly specifying the stores required; and such bond with such sureties to the approval of the Adjutant General, shall thereupon be executed by the requiring officer as may be necessary to protect the interest of the United States and of the Governor of Montana as the agent of the United States in that behalf; which bond shall be in such form as the Governor or Adjutant General may prescribe. If the stores are the property of Montana, such bond shall be conditioned for the protection of the interest of Montana therein, which bond may also be in such form as the Governor or Adjutant General shall prescribe. Sec. 66. Requests for transportation and subsistence when required for the troops, or for any officer or enlisted man, shall be in such form as the Adjutant General shall prescribe, and he shall also prescribe all other forms and blanks, and issue the same from time to time as the welfare of the service may require.
SEC. 67. The by-laws of each company of the National Guard shall provide stated days for drill and military instruction, not less than one each week, during at least eight months in each year, and shall fix the hour of the day at which the company shall assemble therefor, and shall prescribe at least one hour for such drill and instruction each such day, and every officer and enlisted man of the company is hereby required to be present at such drill and instruction and to participate therein, and shall not be excused therefrom without good cause; and any failure without good cause to be present thereat shall subject him to court-martial and to such penalties as the court may prescribe. Company commanders of unassigned companies shall report directly to the Adjutant General, and company commanders belonging to a battalion or regiment shall report directly to the battalion or regimental commander, whose consolidated report shall be forwarded to the Adjutant General; and all returns of company, battalion or regimental commander shall be made once a month, and, as nearly as practicable, on the last day of each month. Such returns shall be in such form as the Adjutant General may prescribe, and shall show the percentage of the members of each company who have attended each stated drill during the preceding month, duplicates of which in all cases shall be forwarded to the Adjutant General, and in case such percentage for the whole month is less than forty per cent. of the strength of the company, the Commander-in-Chief may, in his discretion, disband the same, and require all the public property in its possession to be delivered to the proper oflicer and be returned to the arsenal.
SEC. 68. The three stated days for public parade and military exercise heretofore provided by law to be fixed by each company shall be exclusive of the annual encampment.
Sec. 69. This act shall not affect the commission of any officer of the National Guard now in the service thereof as officers of the line, but they shall respectively continue in service by virtue of their commissions for three years from the date thereof, respectively, at which time they or other officers may be elected or appointed to succeed them, and commissioned accordingly; or the several organizations or any of them to which they belong may then by a vote of the majority of the members thereof, forwarded to the Adjutant-General, be mustei ed out: Provided, That the commanding officer of a battalion or regiment, with the approval of the Commander-in-Chief, may at any time hereafter reorganize his staff, and the members thereof, who are relieved, if detailed from a company, battalion or regiment, shall then report to their commanding officers for duty; otherwise they shall report to the Adjutant-General, who will enter their names and rank in the line upon a list, to be kept in his office, designated the "supernumerary list,” and they shall thereafter be subject to the orders of the Commander-in-Chief until the expiration of their respective terms of service.
SEC. 70. Any violation of any of the foregoing rules and reg: ulations on the part of any officer or enlisted man of the National Guard, shall subject the offender to a court-martial and punishment, by such sentence as the court-martial is hereby authorized to inflict.
SEC. 71, It shall be unlawful for any combination of men to meet for military instruction or drill, and assume to be and represent themselves as militia, independent of the National Guard; and the Governor shall disband and disperse any such combination or organization and prohibit the same from assembling. Any person violating the provisions of this section shall be deemed guilty of a
misdemeanor, and on conviction shall be punished by imprisonment . in the jail of the county in which the offense is committed for a
period of not less than three months, nor more than six months. But this section shall not apply to any academy or college, or to the students thereof wherein and to whom military instruction is given.
Sec. 72. The superintendent of any academy or college under whose supervision or instruction a company equal in numbers to a company of the National Guard of students or cadets may receive military instruction, may apply to the Governor to have the officer3 thereof for the time being commissioned as other similar officers of the National Guard are, and to have such company or companies of students or cadets attached to the National Guard, to be assigned thereto as the Governor shall direct. The officers and men of such company or companies may be armed and equipped as other similar organizations of the National Guard; such company or companies shall for all other purposes be deemed parts of the National Guard, and entitled to the same privileges and allowance, and subject when in active service to the same penalties: Provided, That before any military stores of any kind are issued for the use of such company or companies a bond for the return of the same shall be executed by the superintendent of such academy or college, with good and sufficient sureties to be approved by the Adjutant General. Such company or companies shall be styled “cadets” while serving in the National Guard. They shall not be subject to court-martial, except when in actual service, but at all other times shall be amendable only to the rules and regulations of such academy or college.
All acts and parts of acts inconsistent with this act are hereby repealed.
Sec. 74. This act shall take effect and be in force from and after its passage. Approved, March 12, 1889.
PAPER AND IRON MANUFACTORIES. AN ACT to encourage the establishment of a paper mill and the manufacture of paper. Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. The first paper mill for the manufacture of the different grades of paper, also the first blast furnace for the manufacture of pig iron with puddling furnace, rolling mill and nail mill attached shall be exempt from taxation for a period of six years from the date of completion and active operation; said mills and manufactories shall be deemed completed when the first production of said manufactories are produced. SEC. 2.
The term paper mill or blast furnace, puddling furnace and rolling mill used in this chapter is hereby defined to include and embrace the building or buildings and land connected therewith, together with all the machinery used in or about the same or in anywise connected therewith, and all water right, ditches, flumes, reservoirs and allo stock on hand unsold whether the same be raw or manufactured.
SEC. 3. That any person or persons, corporation or company filing with the Auditor of Montana the first notice of their intentions to erect and operate a paper mill or blast furnace, puddling furnace and rolling mill for the purpose of manufacturing paper, bar iron, nails or steel rails within two years from the date of filing such notice, shall have the time of three months from the date of filing the notice aforesaid, to complete arrangements and to obtain the necessary machinery for the erection of said manufactory and at or before the expiration of the said three months, said person or persons, corporation or company, shall commence the erection of said paper manufactory and shall prosecute the same with due diligence until the same be completed.
SEC. 4 Any person or persons corporation or company, that shall first file the notice as provided in section three of this act, and shall proceed to erect and complete said paper mill, blast furnace, puddling furnace and rolling mill in manner as provided for in this chapter, shall have the effect to g ve preference to such person or persons, corporation or company under this chapter, the term of six months after the date of filing aforesaid notice.
SEC. 5. This act shall take effect and be in force from and after its passage.
Approved, March 14, 1889.
PAWN BROKERS AND JUNK DEALERS.
broker or junk dealer by receiving goods pawned or in pledge at any rate of interest above three per cent. per month without first obtaining a license: Provided, That there shall be no other or greater amount received by said pawn broker or junk dealer, his employes or agents, for receiving or caring for articles pledged, than the rate of interest allowed by this act.
SEC. 2. Whenever any person shall make oath before a probate judge, police judge or any justice of the peace, that any property belonging to him has been embezzled or taken without his consent, and that he has reason to believe or suspect, and does suspect, that such property has been pledged with any pawn broker or junk dealer, such judge, or justice of the peace, if satisfied with the correctness of such suspicion, shall issue his warrant to search for the property so taken, and if found to seize and bring the same before any of said officers, authorized and empowered to issue said warrant.
The sheriff, deputy sheriff, or any constable, or city marshal, to whom said warrant shall be directed and delivered, shall execute the same and proceed in the same manner as in case of search warrant issued upon a charge of larceny, embezzlement (or in the same manner as provided in chapter eighteen of third division of compiled statutes).
SEC. 4. Upon any property so seized by virtue of such warrant being brought before the magistrate who issued the same, he shall cause such property to be delivered to the person so claiming to be the owner thereof, on whose application the warrant was issued, on his executing a bond as hereinafter directed; and if such bond be not executed within forty-eight hours, such magistrate shall cause the said property to be delivered to the person from whose possession it was taken.
SEC. 5. Such bond shall be in a penal sum equal to double the value of the property claimed, with such surety as the magistrate shall approve to the person from whose possession the property was taken, with a condition that the person so claiming the same will on demand pay all damage that shall be recovered against him in any suit to be brought within twenty days from the date of such bond, by the pawn broker or junk dealer from whose possession the said property was taken.
Sec. 6. Every pawn broker or junk dealer shall keep a book upon which shall be entered in the usual form of bookkeeping, a description of every article pawned to him or purchased by him,