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SEC. 5. Whenever the publishers of the books hereby adopted shall have filed their bond, as herein before provided, it shall be the duty of the territorial superintendent of public instruction to cause all prices of the text books as guaranteed by the publishers to be properly printed and distributed, through the county superintendents, to the trustees of the several school districts, who shall cause the same to be kept constantly posted in a conspicuous place in each school room in their districts, and it shall be the duty of the several county superintendents to keep themselves informed as to whether such prices are actually maintained by the said publishers; and in case of failure to at once notify the territorial superintentendent who shall then proceed as hereinbefore provided.
Sec. 6, Any school district which shall after the first day of July, eighteen hundred and ninety, use other text books than those herein adopted for the same studies, shall forfeit twenty-five per centum of the county school fund to be apportioned among the other school districts of the county which shall have complied with this chapter.
Sec. 7. All school officers and teachers are charged with the execution of this law, and the county school superintendent shall require the trustees of the several school districts, or the clerks thereof, to report annually whether the authorized text books are used in their schools.
Sec. 8. Whenever in the opinion of the county superintendent of public schools, it will not be expedient to affect the exchange of books in districts distant from the county seat through the medium of the dealers, for the reason that said dealer shall refuse to act as the agent between the publishers and the schools, or because said dealer has charged more than the retail or change prices specified in this bill, or whenever the trustees of any school district shall request the superintendent to make the exchange or purchase in the respective counties, he may make a written request of the publishers of said books, stating therein the number of books of each kind necessary for him to have in order to introduce the same, that they send him by freight, or otherwise,
the books necessary in order to effect the complete change. Upon the receipt of the books by the county superintendent, it shall be his duty to introduce the same into all schools within his jurisdiction, making the exchange in the manner herein provided for collecting the money for all books distributed by him, and when the exchange is complete, and withiin a reasonable time thereafter, he shall report to the said publishers and make a remittance to them of all money in his hands, arising from sales and exchanges made by him, and shall also make a statement of what books remain in his hands, and dispose of the same in the manner directed by said publishers: Provided, That said county superintendents shall be held accountable and responsible for the books and money so received by him on his official bond. Sec.
9. All acts and parts of acts in conflict with the provisions of this act be and the same are hereby repealed.
SEC. 10. This act shall take effect and be in force from and after its passage. Approved, March 5, 1889.
SHEEP-DISEASES. AN ACT to proviae for the appointment of deputy veterinary surgeons, and to suppress and
prevent dissemination of scab and contagious diseases among sheep. Be il enacted by the legislative assembly of the territory of Mon
SECTION 1. The territorial veterinary surgeon, upon the request of the president or secretary of any organized wool growers' association in any county in Montana, or of any three sheep owners in any county therein, shall appoint a capable and discreet person as deputy inspector in such county, who shall hold his office during the pleasure of such veterinary surgeon, and shall perform such duties as are hereinafter prescribed.
C. 2. Such deputy shall be a resident of the county for which he shall be appointed. He shall, before entering upon the duties of his office, take the oath prescribed by section one thousand and sixty-seven, fifth division general laws of Montana.
Sec. :3. It shall be the duty of each deputy inspector so appointed to inspect all sheep within his county of which he may receive notice as provided in section four of this act, and in case the same be not diseased, he shall make and issue a certificate stating such fact. But if the sheep are diseased, or have been herded upon the range or in corrals which have within the past ninety days been used or occupied by any diseased or infected sheep, the regulations for their quarantine, holding and keeping shall at once be made by such deputy. Each deputy inspector so appointed shall personally supervise the dipping of every band of scabby sheep within his county, and have the appointing of the date for each and
every dipping; he shall have the right to determine and superintend the proportion and mixture of materials, and shall cause all sheep quarantined to be distinctly marked.
Sec. 4. Upon receipt of reliable information in writing that any sheep in his county are infected with scab, or any infectious disease, or have recently been herded upon the range of, or occupied corrals which have within the past ninety days been used or occupied by any diseased or infected sheep, such deputy inspector shall immediately cause the diseased sheep, and all sheep running in the same flock with them, to be examined, and if found so diseased, to be quarantined and held within a certain limit or place, to be defined by him, and such sheep shall be held in quarantine until the owner or person in charge, shall have eradicated such scab or infectious disease effectually. The expense of feeding, holding, dipping, marking and taking care of all sheep quarantined under the provisions of this act, shall be paid by the owner, agent or person in charge of such sheep.
Sec. 5. Whenever the governor shall, by proclamation, quarantine for inspection, as provided, may be done in the next section, any sheep brought into Montana, it shall then be the duty of the deputy inspector of the county in which such sheep may come, to immediately inspect the same, and if he shall find that they are infected with scab, or any other infectious disease, he shall cause the same to be held within a certain limit or place in his said county, to be defined by him, until such disease shall have been eradicated, as provided in section four of this act.
SEC. 6. Whenever the governor of the territory shall have good reason to believe that any disease covered by this act• has become epidemic in certain locations in any other state or territory, or that conditions exist that render sheep liable to convey disease, he shall thereupon, by proclamation, schedule such localities and prohibit the importation from them of any sheep into this territory, except under such restrictions as he, after consultation with the veterinary surgeon, may deem proper. . Any corporation, person or persons who, after publication of such proclamation shall knowingly receive in charge any such sheep from any of the said prohibited districts and transport or convey the same within the limits of any of the counties of this territory, shall be deemed guilty of a misdemeanor, and, upon conviction, be fined not less than five hundred doilars nor more than one thousand dollars for each and every offense; and shall further become liable for any and all damages and loss that may be sustained by any person or persons by reason of the importation or transportation of such prohibited sheep.
SEC. 7. Upon issuing of such proclamation mention in section six of this act it is hereby made the duty of the owners or persons in charge of any sheep being shipped into Montana against which quarantine has been declared, to notify the deputy inspector of the
county in which such sheep shall first come, without delay, of such arrival, and such owner or person in charge shall not allow any sheep so quarantined to pass over or upon any public highway, or upon the ranges occupied by other sheep, or within five miles of any corral in which sheep are regularly corralled until such sheep shall have first been inspected, and any person failing to comply with the provisions of this section shall be deemed guilty of a misdemeaner, and upon conviction thereof, shall be fined in a sum not less than two hundred and fifty dollars nor more than one thousand dollars, and shall be liable in damages for any loss sustained by any person by reason of the failure to comply with the provisions of this section.
Sec. 8. In no case shall any scabby sheep be allowed to be removed from any one point to another within any of said counties, or from one county to another, or any sheep that have within one year been scabby, without a written certificate from the said sheep inspector, provided such sheep may be transferred and removed with the written consent of all sheep owners or managers along the route and in the vicinity of the proposed location, except those mentioned in the preceding section. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than two hundred and fifty dollars, nor more than one thousand dollars for each and every offense.
SEC. 9. Upon the arrival of any flock of sheep into this territory or into any county of this territory from any other country, state, or territory, the owner or agent in charge shall immediately report them to the Deputy Inspector of the county in which such sheep shall first come for inspection, and such deputy shall immediately inspect the same. And in case of failure from any cause of the owner or agents to report for inspection, such person so offending shall, upon conviction thereof, be fined in any sum not less than two hundred and fifty dollars nor more than one thousand dollars. The expense of such inspection shall be borne by the owner of the sheep and shall be a lien against any and all such sheep. SEC. 10.
The Deputy Inspector in each county shall receive for his services whilst necessarily employed in inspection, eight dollars per diem, which shall include all traveling expenses of whatever kind or nature incurred in going to or from the places where such inspection or inspections are had: Provided, however, That when any deputy veterinary surgeon, appointed under the provisions of section sixty-two, fifth division general laws of Montana, is or may be hereafter permanently located in any county in Montana, it shall be his duty when notified and called upon to perform such duties as are herein imposed upon deputy inspectors, and for services rendered under the provisions of the last preceding section he shall without fail in all cases collect from the owner or agent the same fees as are allowed the Deputy Inspector in such cases, but in no other case shall he be allowed to charge or collect from any sheep owner any fees. SEC. II.
Whenever any deputy inspector shall file in the office of the territorial auditor proper vouchers, duly approved by the Veterinary Surgeon, setting forth:
ist - The name in full of such Deputy Inspector.
5th—The number of sheep inspected and the name of the owner or person in charge.
6th-The disease or diseases treated and the number treated for each disease, and the length of time of such treatment and the result.
7th-The amount claimed and the value of such services.
Such auditor shall proceed to audit the same, and if found correct shall draw his warrant in favor of such Deputy Inspector, payable out of any moneys in the “sheep inspectors and indemnity fund” of the territory.
SEC. 12. Every deputy appointed under the provisions of this act shall keep a book, to be known as the "Inspection Record,” in which he shall enter and record all his official acts and proceedings. Such record shall particularly show the name of the owner of every flock of sheep inspected, when the same was inspected, and the number in each flock, the result of such inspection, the names of persons to whom certificates have been granted and when, and all orders and directions made in relation to any matters herein designated.
SEC. 13. Any person who shall fail to comply with or shall disregard any order or directions made by any deputy inspector under the provisions of this act, shall upon conviction be fined in any sum nut less than one hundred nor more than five hundred dollars.
SEC. 14. It shall be unlawful for any person or persons to bring into Montana territory from without such territory any sheep infected with the scab or any other contagious disease. Every person offending shall upon conviction thereof be fined in any sum not less than one hundred dollars nor more than five hundred dollars, or imprisoned in the county jail not less than one month nor more than three months, or both such fine and imprisonment at the discretion of the court.
Sec. 15. No property shall be exempt from sale under execution issued upon any judgment obtained under any of the provisions of this act.
SEC. 16. Whenever in the opinion of the veterinary surgeon it shall be necessary to have more than one deputy inspector in a county, he shall immediately make the appointment and define as