the time last mentioned, then the justice of the peace shall pay to the owner or owners such sum of money as otherwise would have been paid into the county treasurer.

Sec. 5. If the taker up or finder of any estray does not take the same on the above terms, the justice of the peace shall issue a warrant, under his hand, to a constable, to sell the same in the same manner as on execution; and, after paying cost of sale and all legal charges, and cost, shall pay the remainder into the county treasury for the benefit of common school fund.

Sec. 6. The following charges shall be allowed: To the justice of the peace, in each case, for each animal, one dollar; to each appraiser, one dollar and fifty cents for each animal; the county clerk, fifty cents for each animal; each animal to be posted, appraised, and recorded separately; the taker up to pay all fees in advance.

Sec. 7. Any person who shall unlawfully take up or keep an estray, or shall violate or fail to comply with the provisions of this law, or shall abuse or injure such estray, shall forfeit to the county, for the benefit of county school fund, twenty-five dollars for each offence.

Sec. 8. This act to take effect and be in force from and after its passage.

Approved January 10, 1872.

CHAPTER LXXIV.

FUNDING INDEBTEDNESS.

AN ACT to provide for the funding of the outstanding indebtedness of Montana Territory, and the redemption of the fifteen per cent. bonds.

Section 1. That the treasurer of Montana Territory shall, on the first day of June, A. D. 1872, issue bonds of the territory of Montana, as hereinafter provided, for all territorial warrants outstanding and unpaid on the first day of December, A. D. 1871, which may be presented for that purpose on or before the first day of June, A. D. 1872.

Sec. 2. That the treasurer of the territory of Montana is hereby authorized to issue on the credit of Montana Territory coupon bonds for the purposes set forth in this act, to an amount not exceeding one hundred and twenty thousand dollars, or so much thereof as may be necessary, redeemable at the pleasure of the territory, after two years, and payable seven years from date, bearing interest at the rate of twelve per cent. per annum.

Sec. 3. Any holders of territorial warrants, outstanding and unpaid at the time mentioned in section one of this act, shall present the same to the territorial auditor, who shall certify the amount thereof, together with the interest to accrue thereon to the first day of June, A. D. 1872, to said holder, and the territorial treasurer upon such certificate shall issue to said holder, bonds to the amount of said certificate: Provided, That said bonds shall be issued in some multiple of fifty dollars, and if any amount so held shall be of a sum less than fifty dollars, or less than any bond of higher denomination, the holder shall make up the amount in money, necessary to equal the amount of the face of the bond to be issued.

Sec. 4. The coupon bonds authorized to be issued by this act, shall be in such form as the governor of the territory may direct, and shall bear the signatures of the auditor and treasurer of the territory, and shall be sealed and countersigned by the secretary of the territory, and the coupons attached shall be signed by the auditor and treasurer. Each bond shall be registered by the treasurer in a book to be kept for that purpose, which book shall show the amounts of bonds, their numbers, to whom issued, and the date of the issue; and the auditor shall keep an account of the amounts certified by him in lieu of the warrants hereby called in, and shall report the same to the next legislature, preserving the redeemed warrants subject to its order.

Sec. 5. Bonds to the amount of forty thousand dollars, of the amount authorized to be issued in section two of this act, shall be set apart and disposed of by the territorial treasurer as hereinafter provided for the redemption of the outstanding and unpaid bonds authorized to be issued by the act of December 3, 1867.

Sec. 6. The territorial treasurer shall give notice by advertisement in two newspapers of the territory of Montana, and a newspaper published in the city of New York, on the first day of April, and so long thereafter as may be necessary for the purposes of this section, to the effect that he will dispose of the said forty thousand dollars of bonds (briefly describing the same) at their par value, on and after the first day of June, A. D. 1872, and the said treasurer is hereby authorized to sell the said bonds, or so many thereof as may be necessary for the purposes of this section, at their par value, on and after the said first day of June, A. D. 1872: Provided, That any bonds sold after said date shall be sold for their par value, and the interest which may have accrued thereon, and the money received therefor shall be immediately appropriated and applied to the payment of the bonds authorized by the act of December 3, 1867, which may then be outstanding and unpaid.

Sec. 7. Should the bonds authorized to be sold by the last preceding section not be all sold and applied as aforesaid prior to the

first day of April, A. D. 1873, then after that date the territorial treasurer is hereby authorized to sell the balance, or so much thereof as may be necessary to redeem the balance of the bonds authorized by the act of December 3, 1867, as may then be outstanding and unpaid, at the highest market rate which may then be offered for the same, and the proceeds thereof shall be applied as aforesaid.

Sec. 8. The bonds herein authorized shall be of the denomination of fifty, one hundred, and five hundred dollars each, and the faith of the territory of Montana is hereby solemnly pledged for the payment of the interest and redemption of the principa thereof.

Sec. 9. For the purpose of carrying into effect the provisions of this act, the sum of fifteen hundred dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the territorial treasury not otherwise appropriated, and for that purpose placed at the disposal of the governor.

Sec. 10. The treasurer of the territory of Montana shall pay in lawful money of the United States, on the first day of December, A. D. 1872, the interest on each bond issued, as before provided, and semi-annually thereafter, upon presentation at his office of the proper coupon, which shall show the amount due, and the number of the bond to which it refers; and the amount of interest so paid shall appear in his annual report provided for by law, and the principal and interest upon said bonds shall be payable in the city of New York as the holder or holders thereof may elect: Provided, That the holder or holders shall give the territorial treasurer due notice of a designated bank in said city of New York, at which said bond or bonds, and interest thereon, shall be paid, otherwise the same shall be payable at the seat of government of Montana Territory.

Sec. 11. The territorial treasurer shall reserve and set aside forty per cent. of all moneys received into the territorial treasury for the purpose of meeting the payment of the interest accruing on the bonds issued in pursuance of this act and heretofore issued in pursuance of the act of December 3, 1867, and all surplus remaining of the said forty per cent. after the interest shall be paid, shall be set aside as a sinking fund for the reduction of the principal as provided in section twelve of this act.

Sec. 12. Whenever at any time the sum in said sinking fund shall exceed the sum of two thousand dollars, and from time to time thereafter when it may so occur, the treasurer shall cause a notice to be published in two newspapers of Montana Territory, that he will, in thirty days from the date of such notice, redeem said amount of bonds which may then be payable, giving the numbers thereof, preference being given to the oldest issue; and if, at the expiration of the said thirty days, the holder or holders shall fail or neglect

to present the same for payment, interest thereon shall cease, but the treasurer shall at all times thereafter be ready to redeem the same on presentation. Such notice shall also be sent by mail to such places in the city of New York of which the treasurer shall have knowledge, by virtue of the provisions of section ten of this act, with like effect.

Sec. 13. If any person or persons shall falsely make, forge, counterfeit, or alter, or cause or procure to be falsely made, forged, counterfeited, or altered, or shall wilfully aid or assist in falsely making, forging, counterfeiting, or altering any bond or coupon authorized to be issued under the authority of this act, or shall pass, utter, publish, or sell, or shall have or keep in possession, or conceal with intent to utter, publish, or sell any such false, forged, counterfeited or altered bond or coupon, with intent to defraud any body corporate or politic, or any other person or persons whatsoever, every such person so offending shall be deemed guilty of felony, and shall, upon conviction thereof, be punished by fine not exceeding five thousand dollars, and by imprisonment and confinement at hard labor not exceeding fifteen years, according to the aggravation of the offence.

Sec. 14. All acts and parts of acts in anywise conflicting with this act are hereby repealed.

Sec. 15. This act shall take effect and be in force from and after its passage.

(NOTE FROM THE SECRETARY.-The foregoing act having been presented to the governor of the territory on the sixth day of January, 1872, for his approval, and not having been returned by him to the house of the legislative assembly in which it originated, within the time prescribed by the organic act of the territory, has become a law without his approval.)

CHAPTER LXXV.

GAME.

AN ACT relating to the killing of game and the catching of fish.

Section 1. That any person or persons who shall wilfully shoot, or otherwise kill, or cause to be killed, any mountain buffalo, moose, elk, black-tailed deer, white-tailed deer, mountain sheep, white Rocky Mountain goat, antelope, or hare, between the first day of February and the fifteenth day of August, of each year, shall be deemed guiity of a misdemeanor, and, upon convic

tion thereof, shall be fined in any sum not less than twenty-five dollars, nor more than one hundred dollars, for each offence committed.

Sec. 2. That any person or persons who shall wilfully shoot, or otherwise kill, or cause to be killed, any grouse, prairie chicken, pheasant, fool hen, partridge, or quail, between the first day of March and the fifteenth day of August, of each year, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than five dollars, nor more than twenty-five dollars, for each offence committed.

Sec. 3. For the next four years from March the first, A. D. eighteen hundred and seventy-two, it shall be unlawful for any person or persons to wilfully kill, or cause to be killed or destroyed, in any manner whatever, any partridge or quail, prairie chicken, robin, meadow lark, thrush, goldfinch, or any other of the small birds, commonly known as singing birds, within (this) territory, and, upon conviction thereof, any person or persons so convicted shall be fined in any sum not less than five dollars, nor more than twenty-five dollars, for each offence committed.

Sec. 4. That the possession of the dead bodies, or any part thereof, of any of the animals or birds mentioned in this act, by any person or persons, shall be taken as prima facie evidence that such person or persons are guilty of killing the same.

Sec. 4. That a fishing tackle, consisting of a rod or pole, line, and hook, or spear, shall be the only lawful way that fish can be taken in any of the streams of this territory.

Sec. 6. That said hook shall not be baited with any drug or substance poisonous to any kind of fish.

Sec. 7. That it shall be unlawful for any person or persons in the territory of Montana, to make any dams or use any nets, seines, fish-traps, or any similar means for catching fish, or to use any drug, poison, or giant powder, or other explosive compound, intending to catch, kill, or destroy any species of fish.

Sec. 8. Any person or persons, or companies or corporations offending against sections five, six, and seven, of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than fifty dollars, nor more than two hundred dollars, for each offence committed.

Sec. 9. That all fines mentioned in any section of this act shall be recovered, with costs of suit in civil action, in the name of the territory of Montana, before any court having jurisdiction; onehalf of all fines 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