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with the date of the pawning or purchasing, date when article shall be redeemed, with the name of the person by whom the same was pawned, or by whom purchased, and the amount loaned thereon or paid therefor; and in case of the sale of any article pawned or pledged, the pawn broker or junk dealer shall enter upon said book the name of the purchaser, the time of sale, the price paid therefor, and said book shall always be open to the inspection and examination of any sheriff, deputy sheriff, constable or city marshal, or persons from whom property has been taken by larceny or embezzlement, or any other unlawful means. And any pawn broker or junk dealer who shall neglect or refuse to keep a book or books, as by this section required, or shall make or permit others to make any false entries in such book, or who shall refuse to exhibit the same on demand to any sheriff, deputy sheriff, constable, or city marshal, or to any person from whom property has been taken by larceny or embezzlement, or any other unlawful means, is guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment in the county jail not exceeding ninety days, or by a fine not exceeding $200.
Sec. 7. Any person who carries on said business of pawn broker or junk dealer by receiving goods in pledge for loans at a rate of interest above that allowed by section one of this act, is guilty of a misdemeanor and shall be punished by a fine not less than ten dollars nor more than two hundred dollars, or imprisonment in the county jail not less than ten days or more than ninety days.
Sec. 8. Any pawn broker or junk dealer who sells any article or goods received by him in pledge before the expiration of thirty days given to redeem the same or who refuses to disclose to any officer or individual authorized by this act to examine said books, the correct name of the person who pledged the same, or the correct name of the purchaser thereof, the price received by him or the price paid by the purcaser, is guilty of misdemeanor and shall be punished by a fine not less than ten dollars nor more than one hundred dollars or imprisonment in the county jail not less than five days nor more than thirty days.
SEC. 9. All acts and parts of acts conflicting herewith are hereby repealed.
SEC. 10. This act shall be in force and take effect from and after
Approved March 14th, 1889.
PRIVATE SECRETARY TO THE GOVERNOR. AN ACT to provide for the appointment of a private secretary to the Governor. Be it enacted by the legislative assembly of the territory of Mon
SECTION I. That the Governor of Montana is hereby authorized to appoint a private secretary who shall hold his office until his removal by the Governor, and who shall receive an annual salary of twelve hundred dollars, payable as other salaries are paid.
SEC. 2. The secretary shall perform such duties as may be required of him by the Governor.
Sec. 3. This act shall take effect and be in force from and after
AN ACT to amend sections one thousand six hundred and thirteen, one thousand six hundred
and fourteen and one thousand six hundred and fifteen, fifth division general laws. Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. That the word “September” in section one thousand six hundred and thirteen, fifth division general laws, be stricken out and the word “December" be substituted in lieu thereof.
SEC. 2. That the word December" in sections one thousand six hundred and fourteen and one thousand six hundred and fifteen of said division be stricken out and the word “March” inserted in lieu thereof.
Sec. 3. 'This act shall take effect immediately.
A BILL for an act relating to the office of police magistrate in incorporated towns and
cities. Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. In case of the absence or disability of the police magistrate of any incorporated town or city, the mayor of such town or city shall designate in writing a justice of the peace of the county within which such town or city is situated to perform the duties of such police magistrate; and the justice of the peace so designated shall thereupon have jurisdiction to try and determine all actions arising under the ordinances of such town or city during the absence or disability of such police magistrate.
SEC. 2. A justice of the peace designated to perform the duties of police magistrate in accordance with the provisions of section one of this act shall receive in full compensation for such services such amount as the city council may allow, not to exceed the sum of five dollars for each day that he shall actually perform such duties.
All acts and parts of acts conflicting with the provisions of this act are hereby repealed.
Approved, February 13, 1889.
SCHOOL BONDS. AN ACT to amend section 1950 of the fifth division of the compiled statutes of Montana,
concerning school bonds, Be it enacted by the legislative assembly of the territory of Mon
SECTION I. That section nineteen hundred and fifty be and the same is hereby amended so as to read as follows: Section nineteen hundred and fifty-The board of school trustees of any school district within Montana shall, whenever a majority of the trustees so decide, submit to the electors of the district the question whether the board shall be authorized to issue coupon bonds to a certain amount, not to exceed four per cent. of the taxable property in said district, and bearing a certain rate of interest not exceeding seven per centum per annum, and payable and redeemable at a certain time, for the purpose of building one or more school houses in said districts and purchasing land necessary for the same. Should the trustees of any school district in which bonds have been heretofore issued to any amount, desire to submit to the electors of the district the question as to whether additional bonds shall be issued, they may do so, but no such bonds shall be issued unless a majority
, of all the votes cast at any such election shall be cast in favor of such issue of additional bonds, and in no case shall the whole issue cf bonds exceed in amount four per centum of the taxable property within said school district. This section shall not be so construed as to authorize any board of school trustees to submit such question of issuing bonds to a vote of the electors of the district while there is outstanding and unredeemed or unpaid two sets or issues of bonds, issued under the provisions of this act, nor shall any additional bonds, other than the two issues herein provided for, be uttered by said district until such time as one at least of the prior issue of bonds has been called in and fully paid.
This act shall not apply to an act entitled “An act to authorize the school trustees of the school district number one, of Deer Lodge county, to issue additional bonds for certain purposes," approved February thirteenth, 1885. Approved, March 14, 1889.
SCHOOL TEXT BOOKS, AN ACT to amend an act entitled an act to establish a series of text books for the public
schools. Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. The text books in the several branches required by law to be taught in the public schools of Montana shall be uniform throughout Montana.
SEC. 2. That the text books hereinafter named are hereby adopted for exclusive use in the public schools of Montana, so far as the same may be applicable to the grade of study pursued in the schools where used for the term of six years, from the first day of July, A. D. eighteen hundred and eighty-nine, or until changed in pursuance of law: Provided, That the books now in use in any school or schools may be retained for the period of one year from said date, should it be in the opinion of the teacher of said school or schools expedient so do to: And provided further, that this section shall take effect only when the publishers of the book hereby adopted shall have filed with the territorial secretary their bonds with at least two sufficient sureties, to be approved by the governor, in the penal sum of ten thousand dollars for each publishing house, conditioned that they shall, for the period of this adoption, keep the said books and each of them for sale at the points in Montana hereinafter named, at the lowest wholesale rates in the city of New York, N. Y.; Chicago, Ills.; Cincinnati, Ohio, to all responsible merchants in Montana, or to school trustees desiring to purchase the same from time to time, in such quantities as may be requisite to supply their schools; that the said books and each of them shall be sold at retail for the period for which they are adopted, at not to exceed the prices hereinafter named, set opposite the titles of said books in the column headed "Retail;" that in case the current wholesale prices shall ever hereafter be reduced, then all the merchants and all school trustees desiring to purchase books for the supply of their schouls shall have the benefit of such reduction, and a corresponding reduction shall be forth with made in the retail prices guaranteed to the people of Montana; that for the period of one year from the first day of July, Anno Domini eighteen hundred and eighty-nine, they will cause the said books to be sold at retail in at least one town in each county in Montana, and on application of any school officer they will forward the same by mail or express, freight or postage prepaid, at the prices hereinafter named, set opposite the name of said books in the column headed “Introduction;" that they will, for a period of twelve months from the said first day of July, Anno Domini eighteen hunnred and eighty-nine, in at least one town in each county of Montana, exchange copies of the books hereby adopted, grade for grade, for the old books of other series now in the hands of pupils upon the payment in cash at the time of surrendering the old books, of the price hereinafter set opposite the names of said books in the column headed “Exchange;" that they will prepare for Barnes' complete geography, a special map of Montana, covering two pages, from the latest compilation, engraved in the best style, and at least six pages of special descriptive geography of Montana, and will cause the same to be included in all copies of said geography supplied by them to the people of Montana; that they shall maintain the mechanical excellence of said books at least equal to their present standard, in respect to binding, printing, quality of paper and all other essensial features; and that those sold to the people of Montana shall always be of the latest revised edition: And provided further, That the map and special descriptive geography of Montana shall be revised every three years by the publishers.
Sec. 3. In case the publishers of the books hereby adopted shall not, on or before the first day of July A. D., eighteen hundred and eighty-nine, file with the secretary their bonds as hereinbefore provided, or in case they shall not, on or before the first day of July, eighteen hundred and ninety have performed all the obligations of their bond, in respect to the introduction and exchange of books, and the preparation and supply of the special map and geography of Montana for Barnes' complete geography, or in case they shall at any time thereafter violate or fail to perform any of the conditions specified in their bonds as hereinbefore provided, and shall fail, within a reasonable time after due notice mailed to them by the territorial surperintendent of public instruction, to make good their guarantee in any respect in which they may have failed, then this adoption shall become null and void, and the series of text-books now in use in the schools shall remain the legal text-books until changed by law; and the said books hereby adopted, upon compliance with the conditions aforesaid, shall be continued in use until otherwise provided by statute. It shall be the duty of the Attorney General to proceed by suit in the name of Montana to enforce and collect the bond of the publishers so failing for the benefit of the common schools of Montana.
SEC. 4. The following are the titles of the text-books adopted by this act, with the introductory and exchange prices which the publishers shall be bound to maintain as hereinbefore provided, towit: The introductory prices for one year from and after the first day of July, A. D. eighteen hundred and eighty-nine, and the exchange prices from the first day of July, eighteen hundred and eighty-nine, to the first day of July, eighteen hundred and ninety, and the retail prices which they shall be bound to maintain thereafter.