The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-03-09
g issuing of bonds to the amount OF

Benton, to Helena, and to repeal an act to
the construction OF the Helena and
Benton railroad; repeating Helena aud Ben
ton subsidy acts; approve February -, 1855:
H,B. No. IAN act to create the county of
Yellowstone and for the election of officers
thereof. approved February 20, 1885. Takes !
in the portion of country lying between the
Yellowstone aud Musselshell rivers from
mouth OF Big Horn river, extending about
one hundred miles west TO White Beaver
Creek. Billings, county seat.
III. b, No. II, Act to amend Sections JOY
and 800 criminal practice acC, approved Feb
ruary q. 1883. Providing for amount which
shall he allowed criminals imprisoned upon
misdemsanor upon non-pa' IBent 81 INES
where 10 affidavit Is made Of inarlhty 10
pav fine. Allowance, 81 per day.
T.. b. No. 81, Act to provide for The care
and maintenance of Territorial convlcls, APP
proved February %, 1888. Under ola law
the time for which the Governor might con-
tract has expired, and law empowers him to
contract in future
C.B No. >, Act TO amend Fifth Division
Revised Statutes, approved February ~,
1883. Extends the time in which railroad
companies may commence construction OF
railroad 10 Two years from one year.
&. B. No. 0, act for relief of A. w. Tan
ner (SSOO); vetoed February 26, 1888.
c. b. No. 10, act to amend section 4SS,
fifth division General Laws of the Revised
Statutes of Montana; approved February ~,
1888. Provides for manner In which county
| commissioners shall determine what consti-
tutes majority of the taxpayers and voters
upon questions of petitions for removal OF
county seats-which shall be by reference to
| poll and tax lists of preceding year.
G. b. No. Is, act to amend an act entitled
| Gan act to Incorporate the City of Helena"
approved February 22, 1888.
| c. B. No. 33, act relating to official survey
TOWNSHIP Helena; approved March l, 1883.
G. j. r. No. 2, expressive sense OF Legs
lature upon assassination OF President Gar
field; approved February %, 1888.
| C. j. K. No. 8, appropriating 500 TO de-
fray expenses of representative OF Montana
to Amsterdam; approved February u, 1883.
| c. J. X. No. 9, appropriating 5000 for de-
| fraying expenses of collection historical
statistics for Montana Library; approved
February p, 1883.
II. J. r. No. 7, appropriating $500 for rep
resentative of Montana at Denver; approved
February 2G, 1888.
Ii. b. 20, act concerning publication of
summons, approved March l, 1888.
| When person Oil when service of sum-
mons is to be made resides out of the Terri
| V,
| cannot after due diligence be found within
the Territory, or conceals himself to avoid
service of summons. or when defendant Is
foreign corporation having no managing or
business agent, cashier, or secretary within
| the Territory, and an affidavit stating these
| facts is filed with the clerk of the court In
which the action Is brought, and such atfida-
| Wit also stating that cause OF action exists
against the defendants In respect to whom the
service of summons is TO be made, and that
| he or it is a necessary or proper party TO the
action, the Judge of the court in which the
action is commenced or the clerk Of said
court, in the absence of the judge, shall
| cause service of the summons to be made by
publication thereof.
SEC. 2. Such publication of summons shall
be made in a newspaper published in the
| county, but If there be no newspaper pub
| lished in such county then such publication
shall be made in a newspaper published in
any adjoining county in the same judicial
district, in four numbers thereof, which shall
| be published in successive weeks. In case
| af SUCK publication, when the residence OF
any defendant, or any agent, cashier, or sec
| rotary of such corporation is stated In the
affidavit mentioned in this act, the clerk of
the said court shall forthwith deposit in the
postoffice copy of the summons directed to
the person or agent or officer of such corpo-
ration, to be served at such place Of resi-
dence. When publication is made according
to this act, personal service of copy Of the
summons and complaint out Of the Terrific
~, when the proof thereof shall be duly GER
| tilted and authenticated, shall be equivalent
to the deposit of said copy of the summons
in the postoffice. The service OF the sum-
mons shall be complete on the day on which
| . ha f,n r,nh lien thprpnf shall
in said newspaper.
SEC. 3. Sections IS and IA of the first di-
vision of the Revised Statutes and sec. four
of an act entitled an "Act TO amend code of
civil procedure" approved Feb. %, 1881,
and all acts and parts of acts in conflict re-
pealed.
ii. B. No. IS, act concerning storage of
gun powder, approved March l, 1888.
SEC. /. No person, persons, company or
corporation shall store, deposit, or keep In
any city, town, or village in this Territory,
any gun powder, giant, or Hercules powder,
nitro -glycerine, gun cotton, dynamite, or
other powerful or dangerous explosives of a
greater quantity than will be sufficient to
meet the demands of the retail trade, or than
may be necessary for actual and present use.
SEC. 2. No such person, ETC., shall store,
deposit, or keep within the limits of any city,
etc., or within one mile of any residence, any
large quantity of gun powder, etc, nor es-
tablish or keep any powder house, magazine,
or store house where such explosives are
kept. Any person, ETC., storing, deposting,
or keeping any of the aforesaid explosives or
any dangerous explosives as prohibited in
this aud the previous section shall be deemed
guilty of a mlsdemeanor and upon convic-
ton thereof shall be fined In sum not to
exceed one hundred dollars for each ohense
G. B. No. 80, an act relating to the official
survey of the TOWNSHIP Of Helena; approved
March l. 1888.
G. b. No. q, an act to enable county Of
Aeagher to furnish the court house and
complete the Jail; approved March l, 1888.
III. B. No. AZ, an act providing for the In
corporation of institutions of learning; ap-
proved March 8, 1888.
SECTION /. Any five or more persons may
form a corporation fer the organization, con-
Quoting and maintaining any seminary, col
lege or university in this Territory.
Sec. 2. Said persons shall make a declara.
ton in writing, which they shall sign and ac-
knowledge, as provided for knowledgement
of deeds, and cause the same to be recorded
in the Recorders office in the county in
which such institution is located, and shall
file with the Secretary of the Territory
copy thereof.
| Sh1. OAHU Quail II hsI-
The name of the corporation. Second-The
number of trustees who shall have the gen
eral care of the said institution-which
number may not be less Than five nor more
Than fifteen-and by what body to be elected.
Third-The number and names Of first trus-
tees. Fourth--The place of business of the
institution. Fifth--The particular character
Of the institution.
| Sec. 4. Said trustees may be divided into
three classes-one class for one yeai, one for
two, and one for three. Thereafter one class
shall be elected each year.
| Sec. 8. Thetrustees shall be not less than
five or more than fifteen.
| Sec. q. The corporation may be formed
under the auspices of any church or society.
Sec. 7. The corporation shall have power
TO appoint teachers and fix their salaries and
make rules for the general government Of
their schools, and shall have the right to
grant literary honors, give diplomas, etc.
@. B. No. II, an act to amend an act enti-
tied, ian act to require persons keeping
saloons or gaming houses TO prohibit boys
from stopping therein" approved March 3,
1883. "Any person or persons keeping a
saloon, dram shop, gaming house or other
place of resort, wherein Intoxicating liquors
or sold, or games of chance are played, shall
permit any minor to resort to or stop therein,
shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be ined
in any sum no. less than ten nor more than
| one hundred dollars mr. imnrisoproept in