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Repealed 170 1.85

AN ACT in relation to Notaries Public.

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

SEC. 1. That the governor shall appoint as many notaries public for aid Territory as he shall deem expedient, who shall hold their office for the period of three years, and until their successors shall be duly appointed and qualified, and they shall be duly commissioned according so law.

SEC. 2. Notaries public are hereby authorized within the Territory of Montana to act, transact, do, and finish a matters and things relating to protests and protesting bills of exchange and promissory notes, and all other matters within their office required by law, to take depositions prescribed by law, and acknowledgments of deeds, and other instruments, and to administer oaths.

SEC. 3. Every notary public, before he enter upon the duties of his office, shall take an official oath, and within three months after his appointment shall provide an official seal, which shall be approved by the governor, and shall deposit an impression of the same, together with his official oath in the office of the secretary of the Territory.

SEC. 4. The governor may remove any person heretofore, or who may hereafter be appointed a notary public, who shall neglect for six months after the passage of this bill to provide himself with a proper official seal, and who from any cause may be incompetent.

SEC. 5. It shall be sufficient for any one acting as notary public to certify an oath to be used in this Territory in any of the courts, or in any manner whatever, to say simply in addition to his name, "Notary Public," and all the courts of this Territory shall conside an oath or affidavit properly certified by an acting notary without the impression of his seal or other or further addition.

Spc. 6. This act to take effect and be in force from and after its passage.

[Approved December 31, 1864.]

AN ACT concerning Bills of Exchange and Promissory Notes.

Mont 390 18 Jowa 202

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

SEC. 1. Inland and foreigu bills of exchange and promissory notes, are bereby 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 38 Cal 409 apply to all bills of exchange and promissory notes maturing Mont 391

within this Territory; so that they shall not be deemed to fall due

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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.

Mont 137

SEC. 6. In order to make the contingent liability of any Mont 137 endorser of any bill of exchange or promissory note, absolute, it

shall be necessary for the holders of the paper, to cause it to bell Cal. 317 presented at the place where, by its terms, it is payable, if any Mont 390 place of payment be therein or thereon specified, and if no place of

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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.]

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69 198

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

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

SEC. That if any person shall sell, exchange, give, barter or dispose of any spiritous 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 the Teritory hereafter to be formed, shall be imprisoned for a period ot

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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.]

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