sonally or by his deputy, for whose debts he shall be responsible, and shall furnish, at the expense of the proper county, all necessary sustenance, bedding, clothing, fuel, and medical attendance for the prisoners committed to his custody, and the county commissioners shall allow him reasonable compensation out of the county treasury, not exceeding three dollars per day for the support of all prisoners confined on criminal process.

SEC. 4. The sheriff may appoint a jailer, who, in the absence or disability of the sheriff, shall have the custody of the jail and the prisoners.

SEC. 5. In case of the death, resignation or removal of the sheriff, the person provided for by law to supply his place, shall have charge of the county jail of his proper county, and all persons by law confined therein, and such sheriff or other officer is hereby required to conform in all respects to the provisions of this act.

SEC. 6. If any sheriff or jailer shall defraud any prisoner of his allowance, or shall not provide a reasonable allowance and accommodation, he shall forfeit fifty dollars for each offence, to be recovered by an action for debt by the county commissioners for the use of the county.

SEC. 7. The sheriff, or other officer performing the duties of sheriff, shall, five days previous to the opening of the district court in the district in which his county is situated, return to the commissioners of his county a certified list of the names of all prisoners then in his custody, with the time and cause of their confinement, and the length of the term for which they were committed, and he shall also return to said commissioners within five days after the close of said term of court, the name and cause, and term of commitment of every prisoner committed during said term of court, and any jailer who shall neglect to make such return, for every such neglect shall pay a fine not to exceed fifty nor less than twenty dollars, to be imposed at the next term of said court, on information of said commissioners of such neglect, and such fine shall go to the county.

SEC. 8. Persons may be committed under the authority of the United States to any jail in this Territory, upon payment of the expenses of supporting such prisoners, ten dollars per month to the county, for the use of the jail, and all legal fees to the jailer, and

the sheriff shall receive such prisoners and subject them to the same discipline and treatment, and be liable for any neglect of duty, as in the case of other prisoners, but the county in no case shall be liable for the escape of such prisoner or prisoners.

SEC. 9. Whenever any prisoner under conviction for any criminal offence shall be confined in jail for any liability to pay any fine, forfeiture, or costs, or to procure sureties, the district court, upon satisfactory evidence of such inability, may in lieu thereof, confine such person in the county jail at the rate of five dollars per day until the forfeiture or costs so imposed shall be satisfied; and in such case the sheriff may procure chains for the safe keeping of such prisoner or prisoners, and hire out or put to labor such prisoner or prisoners, and shall charge the earnings of the same to himself for the sustenance of said prisoners, and any surplus that may accrue from such labor shall be paid into the county treasury to the credit of said prisoner.

SEC. 10. Whenever from any sufficient cause the sheriff shall think it expedient that the prisoner be removed from the jail of his county, on application in writing to the governor of the Territory by the sheriff and commissioners of such county, the governor may order such prisoner to be removed to some other jail, anywhere within the Territory, there to be detained in the same manner as in the jail from whence they were moved, until remanded back by a similar process, or discharged according to law.

SEC. 11. All the expenses of removing and maintaining prisoners, incurred under the preceding section, shall be defrayed by the county from which they were so removed.

SEC. 12. This act shall take effect and be in force from and after its passage and approval by the governor.

[Approved February 2, 1865.]

AN ACT to prevent Officers from dealing in certain securities.

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

SEC. 1. The Territorial treasurer and auditor, and the several county, city or town corporation officers in this Territory, are hereby expressly prohibited from purchasing or selling, or in any manner receiving to their use and benefit, or the use and benefit of any person or persons whatever, any Territory, county or town warrants, scrip, orders, demands, claim or claims, or other evidence of indebtedness against the Territory, or county, or any city or town thereof.

SEC. 2. The Territorial treasurer and auditor, and all county, city or town corporation officers, are prohibited from purchasing, or being interested in, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person or by or through the agency or means of any person or persons whatever, any interest, claim, demand, or other evidence of indebtedness against the Territory, or any county, city or town corporation thereof, either directly or indirectly; nor shall any clerk or employe of any such officer or officers, nor the commissioners employed or to be employed to fund any county, city or town corporation indebtedness, be allowed to make any purchase, sale, or transfer, or bargain in any manner for any Territory, county, city or town corporation indebtedness, be allowed to make any such purchase, sale, or transfer, or bargain in any way or manner for any Territory, county, city or town corporation warrants, scrip, demands, or other evidences of indebtedness, against the Territory, or any county, city or town corporation thereof.

SEC 3. It shall be the duty of the Territorial treasurer, and the several county, city or town corporation treasurers of the Territory, to refuse to redeem any warrants against the Territory, or any county, city or town corporation thereof, when it shall come to their knowledge that such warrants, scrip or other evidences of indebtedness have been purchased, sold, received, or transferred, in violation of the provisions of this act.

SEC. 4. All public officers herein referred to, shall have the right to sell or transfer any evidences of public indebtedness, which may be issued according to law and held by such officers for services rendered by them, to the Territory, county, or town corporation, legally and justly due, and this act shall not be deemed to prevent the purchase, sale and transfer of any funded public indebtedness whatever, of the Territory, or of any county, city or town corporation.

SEC. 5. It shall be the duty of any officer charged with the disbursement of any public moneys, or any evidences of public indebtedness, when he shall be informed by affidavit of the violation of any of the provisions of this act, by any officer or any agent or employe of said officer, whose account is to be settled, audited or paid by him, to withhold any settlement or payment of the same, and to cause said officer, or any agent or employe of said officer, to be prosecuted for a felony, and on conviction of any officer, or any agent or employe of said officer, guilty of any violation of the provisions of this act, he shall be punished by a fine of not less than five hundred dollars, and shall be imprisoned in the Territorial prison, not less than two months. Such conviction shall operate as forfeiture of office, and the party convicted shall forever be disqualified from holding any office of trust or profit in this Territory. Any person giving information which may lead to the conviction of any person, under the provisions of this act, shall be entitled to one-fourth of any fine assessed upon and collected from any such officer, or agent or employe of said officer. The balance of said fines shall be paid into the county treasury of the several counties. SEC. 6. This act shall take effect, and be in force, from and after its passage.

[Approved February 2, 1865.]

AN ACT in relation to Trout Fishing.

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

SEC. 1. That a fishing tackle, consisting of a rod or pole, line and hook, shall be the only lawful way that trout can be caught in any of the streams of this Territory.

SEC. 2. That said hook shall not be baited with any drug or substance poisonous to any kind of fish whatever.

SEC. 3. That it shall be unlawful for any persons or persons in the Territory of Montana to make any dams, or use any nets, seins, or any similar means for catching trout, or to use any drug or poison intending to catch, kill, or destroy any species of fish.

SEC. 4. Any person or persons offending against this act, on conviction thereof, shall forfeit and pay for every such offence a penalty of not less than fifty dollars nor more than two hundred dollars, to be recovered, with costs of suit, in civil action, in the name of the Territory of Montana, before any court having jurisdiction; one-half of the fine so collected shall be paid into the county treasury for the benefit of the common schools of the county in which the offence was committed, and one-half shall be paid to the person or persons informing the nearest magistrate that such offence has been committed. All such fines and costs shall be collected without stay of execution, and such defendant or defendants may, by order of the court, be confined in the county jail until such fine and costs shall have been paid.

SEC. 5. This act to be in force and take effect from and after its approval by the governor.

[Approved February 2, 1865.]