AN ACT concerning Bills of Exchange and Promissory Notes.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. Inland and foreign bills of exchange and promissory notes, are hereby declared to be negotiable obligations, in this Territory, and collectable by, and in the name of the holders and owners thereof.

SEC. 2. Three days of grace shall be deemed and taken to apply to all bills of exchange and promissory notes maturing within this Territory; so that they shall not be deemed to fall due until the third day from and after the day of maturity expressed therein. But this provision shall not extend to drafts payable at sight, nor to checks for funds deposited in bank, or elsewhere, subject to draft at sight.

SEC. 3. Bills of exchange and promissory notes, falling due on Sunday, the fourth day of July, Christmas, or any day set apart by the President of the United States, or the Governor of this Territory, as a day of public fasting or thanksgiving, shall be deemed to fall due the previous day; and may be prosecuted and protested accordingly.

SEC. 4. Drawers of endorsed bills of exchange shall be primarily liable to the holders thereof, until the same shall be accepted, after which, they shall be deemed only liable secondarily thereon. Endorsers for the drawers of such bills, shall be liable as between the parties thereto, only for the default of the drawers, in the order of their endorsements thereon.

SEC. 5. Endorsers of bills of exchange and promissory notes, shall be contingently liable, only, until after they shall have been notified of the presentation and non-payment thereof, at maturity, by the person or persons primarily liable for their payment.

SEC. 6. In order to make the contingent liability of any endorser of any bill of exchange or promissory note, absolute, it shall be necessary for the holders of the paper, to cause it to be presented at the place where, by its terms, it is payable, if any place of payment be therein or thereon specified, and if no place of

payment be specified, then to the person himself who is primarily liable for the payment; and if payment thereof, on such presentation at maturity, be neglected or refused, to cause a written or printed, or partly written and partly printed, notice of such presentation, demand and non-payment, briefly describing the bill or note, to be served immediately thereafter upon the endorser, unless the same shall be protested in the usual manner by a notary public; in which case, the official certificate of protest of such officer, made on the day of protest, enclosed in letter form, and deposited-post paid-in the post-office, directed to such endorser at his usual place of residence, will charge him in the same manner.

SEC. 7. Holders of over-due bills of exchange and promissory notes, may sue all the parties thereto, collectively, or severally, at his option; but if any of the parties thereto, who are not primarily liable for the payment, shall tender him the amount of principal, interest and costs thereon, he shall transfer the paper; and if a judgment be rendered thereon, he shall assign the judgment to such party so making the tender; and in case of refusal, he may be compelled to do so by summary proceedings, for that purpose instituted, in the district court of the district in which he shall reside.

SEC. 8. This act shall take effect from and after its passage. [Approved December 31, 1864.]

AN ACT to prevent the sale of intoxicating liquors to soldiers.

Be it enacted by the Legislative Assembly of the Territory of Montana :

SEC. 1. That if any person shall sell, exchange, give, barter, or dispose of any spirituous liquors, or wine and beer, to any troops of the United States serving within the limits of this Territory, except such supplies as may be ordered by the officers of the United States army, under the direction of the war department, such person, on conviction thereof before the district court of the United States, or before any court of competent jurisdiction of this Territory hereafter to be formed, shall be imprisoned for a period not

to exceed one year, and to pay and forfeit to the common school fund the sum of five hundred dollars.

SEC. 2. If any person who has been mustered into the United States service shall put off the uniform and other badges by which he is known and designated from a civilian, and with the intention to deceive, and shall obtain any spirituous liquor or wine and beer from any person, it shall be the duty of the marshal, sheriff, or any police officer of the Territory of Montana, upon complaint being made, to arrest, or cause to be arrested, such person, and keep him in custody until the commanding officer of the company to which he belongs shall apply for his release.

SEC. 3. If any person against whom complaint has been made for the violation of section one of this act can establish, by a good and competent witness, that spirituous liquor, or wine and beer were obtained from him deceitfully, by a soldier who did not wear at the time of obtaining such spirituous liquor, or wine and beer, a uniform, or other badges used to distinguish him from a civilian, and that he did not know such person to be a soldier, such person so complained against shall not be liable to the penalties enumerated in this act.

SEC. 4. This act to take effect and be enforced from and after its approval by the governor.

[Approved January 6, 1865.]

AN ACT in relation to offenders against the public health.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. If any person shall knowingly sell any kind of diseased, corrupted, or unwholesome provisions, whether for meat or drink, without making the same fully known to the buyer, he shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

SEC. 2. If any person shall fraudulently adulterate, for the

purpose of sale, any substance intended for food, or any wine, spirits, or malt liquor, or other liquor, intended for drinking, with any substance injurious to health, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding two hundred dollars; and the article so adulterated shall be forfeited and destroyed.

SEC. 3. If any person shall fraudulently adulterate, for the purpose of sale, any drug or medicine, or sell any drug or medicine knowing it to be adulterated, or offer the same for sale, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding three hundred dollars; and such adulterated drugs and medicines shall be forfeited and destroyed.

SEC. 4. If any person shall inoculate himself, or any other person, or shall suffer himself to be inoculated, with the small-pox, within this Territory, with the intent to cause the prevalence or spread of this infectious disease, he shall be punished by imprisonment in the Territorial prison not more than three years nor less than one year.

SEC. 5. If any physician, or other person, while in a state of intoxication shall prescribe any poisonous drug or medicine to another person, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

SEC. 6. Every apothecary, druggist, or other person, who shall sell or deliver any arsenic, corrosive sublimate, prussic acid, or any other active poison, without having the word "Poison,” and the true name thereof in English, written or printed upon a label attached to the vial, box, or parcel containing the same, shall be punished by a fine not exceeding two hundred dollars.

SEC. 7. This act shall take effect and be in force from and after

its passage.

[Approved January 6, 1865.]

AN ACT to prohibit the sale of ardent spirits, fire-arms or ammunition to Indians.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. Any person who shall, after the passage of this act, sell, barter, give, or in any manner dispose of, any spirituous or malt liquor to any Indian, or Indians, or any fire-arms or ammunition of any description whatever, to any hostile Indians within this Territory, shall be deemed guilty of a misdemeanor, and upon due conviction thereof before any court of competent jurisdiction, shall be fined in any sum not exceeding five hundred dollars, or be imprisoned in the county jail for any term not exceeding six months, or both such fine and imprisonment, in the discretion of the

court.

SEC. 2. Indians, as provided for by law of Congress, shall be competent witnesses in the trial of all causes embraced in the provisions of this act.

SEC. 3. This act to take effect and be in force from and after after its passage.

[Approved January 6, 1865.]

AN ACT regulating the width of roads.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. That the width of all Territorial and county roads, not otherwise specified, shall be sixty-six feet.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved January 6, 1865.]