order of the court, be confined in the county jail until such fine and costs have been paid.

Sec. 10. That it shall be the duty of the grand jury to diligently seek out and investigate all infractions of any provision or provisions of this act (except such cases and infractions as may have been already tried before some court having competent jurisdiction), and upon due proof of the infraction of any of the said provisions, they shall proceed to indict such party or parties according to law.

Sec. 11. That all acts and parts of acts in conflict with the provisions of this act be, and the same hereby are, repealed.

Sec. 12. That this act shall take effect and be in force from and after its passage and approval by the governor. Approved January 2, 1872.

CHAPTER LXXVI.

INTOXICATING LIQUORS.

AN ACT to provide against the evils resulting from the sale of intoxicating liquors in the territory of Montana.

Section 1. Be it enacted by the legislative assembly of the territory of Montana, that every husband, wife, child, parent, guardian, employer, or other person who shall be injured in person or property or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, such wife, parent, child, guardian, employer, or other person, shall have a right of action in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, cause the intoxication, in whole or in part, of such person or persons; and owners of, lessee, or person or persons renting or leasing any building or premises, having knowledge that intoxicating liquors are to be sold therein in violation of this act, or having leased the same for other purposes, shall knowingly permit intoxicating liquors to be sold in such building or premises that have caused the intoxication, in whole or in part, of such person or persons, shall be liable, severally or jointly, with the person or persons selling or giving intoxicating liquors aforesaid, for all damages sustained, as well as exemplary damages; and a married woman shall have the same right to bring suits, and control the same, and the amount recovered, the same as if a feme sole; and all damages recovered by a minor, under this act, shall be paid either to such minor or to his or her parent, guardian, or next friend, as the court may direct; and the unlawful sale or giving away of intoxicating liquors shall work a forfeiture

of all rights of the lessee or tenant under any lessee or contract of rent upon the premises when such unlawful sale or giving away takes place; and all suits for damages, under this act, shall be by a civil action in any of the courts of this territory having jurisdiction thereof.

Sec. 2. For all costs and damages assessed against any person or persons in consequence of the sale of intoxicating liquors, as provided in section one of this act, the real estate and personal property of such person or persons, of every kind and without exception or exemption, shall be liable for the payment thereof, and such costs and damages shall be a lien upon such real estate until paid, and, in case any person or persons shall rent or lease to another or others any building or premises to be used or occupied, in whole or in part, for the sale of intoxicating liquors, to cause intoxication, in whole or in part, of any person, as specified in the first section of this act, or shall permit the same to be so used or occupied, in whole or in part, such building or premises so leased, occupied, or used shall be held liable for, and may (be) sold to pay all fines, costs, and damages assessed against any person or persons occupying such building or premises, and proceeding may be had to subject the same to the payment of any such damages and costs assessed or judgment recovered, which remain unpaid, or any part thereof, either before or after execution shall issue, against whom such costs or judgment shall have been adjuged or assessed, and when execution shall issue against the property so leased or rented, the officer shall proceed to satisfy said execution out of the building or premises so leased or rented or occupied, as aforesaid, and, in case such building or premises belong to a minor, insane person, or idiot, the guardian of such minor, insane person, or idiot, who has control of such building or premises, shall be liable and account to his or her ward for all damages on account of such use and occupation of such building or premises, and the liabilities for the costs and damages aforesaid; and all contracts whereby any building or premises shall be rented or leased, and the same shall be used or occupied, in whole or in part, for the sale of intoxicating liquors to cause intoxication, shall be void, and the lessee, person, or persons renting or leasing sail building or premises shall, on and after the selling or giving intoxicating liquors, as aforesaid, be considered and held to be in possession of said building or premises.

Sec. 3. This act shall take effect and be in force from and after its passage.

Approved January 12, 1872.

CHAPTER LXXVII.

COUNTIES ATTACHED FOR JUDICIAL PURPOSES.

AN ACT to attach the counties of Choteau, Big Horn, and Dawson, to other counties for judicial purposes.

Section 1. That the county of Choteau be, and is hereby, attached to the county of Lewis and Clark, for judicial purposes; the county of Big Horn be, and is hereby, attached to the county of Gallatin, for judicial purposes; and the county of Dawson be, and is hereby, attached to the county of Meagher, for judicial

purposes.

Sec. 2. This act to take effect and be in force from and after its passage.

Approved January 4, 1872.

CHAPTER LXXVIII.

(See post chapter .)

LICENSES.

AN ACT concerning licenses.

Section 1. There shall be levied and collected by the tax collector, a license tax as follows: First. From each billiard table kept for public use, fifteen dollars per quarter. Second. From the manager or lessee of every theatre, five dollars per day, or thirty dollars per month; and for each exhibition of opera or concert singers, minstrels, sleight-of-hand performers, legerdemain, and all other shows or exhibitions (except that) exhibitions and concerts for school or charitable purposes shall not be subject to the license herein provided for, the same as required for theatrical performances. Third. All dance-houses, or saloons where women are kept as waiters and dancing is permitted, five dollars per day, or fifty dollars per quarter. Fourth. For each and every insurance company, agent or agencies transacting business in this territory, the sum of eighty dollars per year. Fifth. Each pawnbroker, twenty-five dollars per quarter. Sixth. For each keeper of an intelligence office, ten dollars per quarter. Seventh. From each assayer, fifteen dollars per quarter: Provided, He shall work

for a compensation. Each professional man, before practising as such, all lawyers, dentists, physicians, surgeons, and all other professions, shall pay a license of sixteen dollars per annum: Provided, That all persons who draw any legal instrument, deed, power of attorney, or other documents, for which he charges a fee, shall be considered a professional man.

Sec. 2. All (keepers of) livery and feed stables shall pay a license of fifteen dollars per quarter; all keepers of hay yards, corrals for feeding stock, or selling hay, shall pay a license of eight dollars per quarter; and all herders who keep or herd stock for hire, shall pay a license of ten dollars per quarter; ranchmen, whose receipts for herding stock exceed twenty dollars per month, shall pay the same license as herders. All keepers of liveries, who keep more than two buggies, carriages, sleighs, or other vehicles, shall pay a license of two dollars and fifty cents for each and every such vehicle per quarter, in addition to the fifteen dollars (above) provided.

Sec. 3. Every person keeping a bakery or confectionery, shall pay a license as follows: Those doing business amounting to two thousand dollars per month in the aggregate, shall pay a license of fifteen dollars per quarter; those doing business amounting to one thousand dollars, and not exceeding two thousand (dollars) per month, shall pay ten dollars per quarter; and all doing such business in an amount less than one thousand dollars per month, shall pay a license of six dollars per quarter; and all barbers shall pay a license of five dollars per quarter for each chair used.

Sec. 4. Any person, or persons, private association, incorporation, or companies, who shall sell foreign or inland bills of exchange, loan money at interest, buy notes, bonds, or other evidences of indebtedness, or shall buy gold dust, gold or silver bullion, or gold or silver coin, or keep savings banks, or engage as a common carrier in transmitting or carrying gold dust, gold or silver coin, or bullion, from one place to another, for hire or profit, or receive general or special deposits of gold dust, gold or silver coin, or bullion, or bank notes, shall procure a license before performing any act above enumerated, and shall pay therefor as follows: Those doing business to the amount of fifty thousand dollars or over per quarter, shail pay one hundred dollars per quarter; those doing business to the amount of forty thousand and under fifty thousand dollars per quarter, shall pay seventy-five dollars per quarter; those doing business to the amount of thirty thousand dollars and under forty thousand dollars per quarter, shall pay fifty dollars per quarter; those doing business to the amount of twenty thousand dollars and under thirty thousand dollars per quarter, shall pay thirty-five dollars per quarter; those doing business to the amount of ten thousand dollars and under twenty thousand dollars per quarter, shall pay twenty-five dollars

per quarter; and all doing business, or engaged in such transactions in any amount under ten thousand dollars per quarter, shall pay fifteen dollars per quarter: Provided, That any person, or persons, selling goods or property other than money for gold dust, gold or silver coin, or bullion, shall not be required to procure a license under this section.

Sec. 5. Every person who has a fixed place of business, who may deal in goods, wares, or merchandise, wines or liquors, drugs or medicines, jewelry, or wares of precious metals, or who shall expose the same for sale, shall pay a license as follows: Those whose sales are ten thousand dollars or more per month, shall constitute the first class, and shall pay a license of fifty dollars per quarter; those whose sales are five thousand dollars and under ten thousand dollars per month, shall constitute the second class, and shall pay a license of thirty dollars per quarter; those whose sales are two thousand dollars and under five thousand dollars per month, shall constitute the third class, and shall pay a license of twenty dollars per quarter; and those whose sales are over one thousand dollars and under two thousand dollars per month, shall constitute the fourth class, and shall pay a license of fifteen dollars per quarter; and those whose sales are one thousand dollars or under per month, shall constitute the fifth class, and shall pay a license of ten dollars per quarter: Provided, That the sales of liquors or wines licensed under this section shall not be in less quantities than one gallon.

Sec. 6. All auctioneers shall procure a license, and shall pay therefor as follows: Those who shall sell or offer for sale cattle, horses, mules, or other live stock, upon the streets of any town or city, containing two thousand or more inhabitants, shall pay twenty-five dollars per month; and all auctioneers who sell at auction any such stock outside of any town or city, containing less than two thousand inhabitants, shall pay fifteen dollars per quarter; and auctioneers who shall sell property of any kind at public sale, in any place as above specified, shall procure a license, and shall pay therefor as follows: All such auctioneers who shall do buisness in any town or city containing two thousand or more inhabitants, shall pay ten dollars per month; and all such auctioneers. who shall sell outside of any town or city, or in any town or city containing less than two thousand inhabitants, shall pay fifteen. dollars per quarter.

Sec. 7. All keepers of restaurants, boarding-houses, lodginghouses, and hotels, shall pay a license as follows: Those doing business in the aggregate of less than one thousand dollars per quarter, shall pay five dollars per quarter; and all whose business is over one thousand dollars per quarter, shall pay five dollars for each additional one thousand dollars or fractional part thereof, per quarter; and all such keepers of restaurants, boarding-houses, lodging-houses, and