SECTION 9. That any person or persons who shall wilfully shoot, or kill or cause to be killed any grouse, prairie chicken, pheasant, fool hen, sage hen, partridge or snipe between the fifteenth day of November and the fifteenth day of August of the next ensuing year, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five dollars, nor more than fifty dollars, and all persons are hereby prohibited at all times from killing any of the birds in this section for speculative purposes, or for market or for sale, and any person or persons who shall hereafter kill for speculative purposes or offer for sale any of the kinds named in this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five dollars nor more than fifty dollars for each offense committed.

SECTION 10. That any person or persons who shall wilfully shoot or kill or cause to be killed, any wild geese or wild ducks, brant or swan between the first day of January and the first day of September of each year, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than ten dollars, and not more than twenty-five dollars for each offense committed, or imprisonment for not more than thirty days or both such fine and imprisonment in the discretion of the Court.

SECTION II. That any person who shall wilfully shoot or otherwise kill or in any manner whatever, cause to be killed, any robin, meadow lark, thrush, flecker or yellow hammer, oriole, mocking bird, gold finch, snow bird, cedar bird, or any other of the small birds known as singing birds 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 ten dollars for each offense committed or be imprisoned in the county jail for a period not exceeding thirty days at the discretion of the Court.

SECTION 12. That any person who shall wilfully destroy the nests or carry away the eggs from the nest of any of the birds or wild fowls mentioned in this Act, 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 ten dollars for each offense committed, or be imprisoned in the county jail for a period not exceeding thirty days. at the discretion of the Court.

SECTION 13. That the possession of the dead bodies, or any part thereof, of the animals or birds mentioned in this Act shall be taken as prima facie evidence that such person or persons is or are guilty of killing the same.

SECTION 14. Any person or persons, agent or employe of any

stage or express company or railroad company or association of persons, who shall receive for transportation or carriage or shall sell or offer for sale fish or game that have be caught, taken or killed, contrary to the provision of this Act, knowing or having reasons to believe that such fish or game were so illegally caught, taken or killed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor more than three hundred dollars for each lot or shipment of fish or game so transported or carried, or be imprisoned in the county jail not less than thirty days nor more than ninety days at the discretion of the Court.

SECTION 15. That all fines and penalties mentioned in any section of this act, may be collected by a civil action in the name of the State of Montana, in any Court of competent jurisdiction, upon a proper complaint being filed in the cause; one-half of all fines so collected shall be paid into the county treasury of the county in which the offence was committed for the benefit of the common schools of said county, and one half of all fines so collected shall be paid to the person or persons making complaint of the commission of such offense. 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 of such county until such fine and costs are paid; provided, however, if the jury, justice of the peace, magistrate or judge before whom such complaint shall be tried, shall certify by their verdict, or any order of Court, that there was no probable cause to believe the defendant or defendants guilty, then in that case, the complainant shall pay all costs which have accrued in the case.

SECTION 16. It shall be the duty of all Grand Juries to investigate all infractions of any provision or provisions of this chapter except such cases and violations as may have been tried by a Court of competent jurisdiction, and upon due proof of the violation of any of the said provisions, they shall proceed to indict such party or parties according to law; and it is hereby made the duty of the Court to call the attention of each Grand jury to the provisions of this chapter.

The District Court shall have concurrent jurisdiction with the Justices Courts of all offenses committed under the provisions of this Chapter. And be it further provided that in construing this chapter, the provisions and penalties hereinbefore made and prescribed shall be deemed and held to include all indians and half-breed indians, when outside of an Indian Reservation.

SECTION 17. All persons having in operation, and all persons who may hereafter construct and put in operation, in the State of Montana,

either in person or by Agent, any saw mill on any stream containing fish, are hereby required to so care for any sawdust that may emanate from any such saw mill or saw mills as to prevent the same from mingling with the waters of any such stream. And all persons owning or operating or who may hereafter own, construct or operate any saw mill on any stream containing fish, who shall drop, dump or cart, or cause to be deposited in such stream any such quantity of saw dust, bark or debris, shall be deemed guilty of a misdemeanor and upon. conviction thereof before any Court of competent jurisdiction, shall be fined in any sum not less than fifty nor more than two hundred dollars for each and every offense.

SECTION 18. There shall be constructed at all dams now existing, or any that may be hereafter placed on any of the streams in the State, a fish way or ladder, said fish way or ladder to conform to the following requirements: It shall be from three to six feet in width as the fish warden may direct, it shall extend from the base to the apex of the dam, it shall be constructed strongly and made of at least two inch plank, the sides shall be not less than one foot in heighth, it shall have wings placed on the inside at not more than an angle of 45 degrees, said wings shall not be more than four feet apart on each side of the way or ladder, the channel between the wings shall be onefourth the width of the way or ladder, the way or ladder shall have a slope of not more than 30 degrees. Any person, persons or corporation who shall violate any of the provisions of this section or upon conviction thereof shall pay a fine of not less than fifty dollars, nor more than two hundred dollars or be imprisoned in the county jail for a period of not less than thirty days, nor more than ninety days at the discretion of the Court.

I,

SECTION 19. That after the expiration of the periods of time mentioned in Section 1 of this Act, it shall be unlawful for any person or persons to kill any of the animals or birds mentioned in said section at any time between the fifteenth day of December and the fifteenth day of August of the following year, and it shall be unlawful at all times to kill any female bison, buffalo or moose. Any person or persons violating the provisions of this section shall be liable to the same penalty as prescribed in section 1 of this act.

SECTION 20. All acts or parts of acts in conflict with this act, be and the same are hereby repealed.

SECTION 21.

after its passage.

This act shall take effect and be in force from and

APPROVED Mch. 1, 1893.

An Act to Amend An Act Entitled "An Act to Provide for the Registration of the Names of Electors, and to Prevent Fraud at Elections" Approved March 8th, 1889.

Be it enacted by the Legislative Assembly of the State of Montana: That Section 2 of an Act to provide for the registration of the names of electors and to prevent fraud at elections," approved March 8, 1889, is hereby amended, by striking out, after the word "Act" in line 9 of said Section, the following words: Provided, except as herein provided for, the first registry agents to be appointed under this Act shall be appointed by the County Commissioners of the several Counties at their regular meetings in June 1889, and they shall hold their offices until June 4th, 1890, and until their successors are appointed and qualified,” down to the word "provided" on lines 13 and 14 of said section. Also by striking out the word "further" on line 14 of said Section; also by striking out the word "two" after the word "appoint" and before the word "registry" in line 24 of said section and inserting in place thereof the words "at least three" but not more than four;" also, by striking out the word "two" after the word "where" and before the word "registry," in line 25 of said section, and inserting in place thereof the words "three or more," so that the section shall read as follows:

SECTION 2. There shall be one registry agent for each election district created pursuant to this Act. All registry agents shall be competent persons and shall be appointed by the Board of County Commissioners. They shall be resident freeholders and qualified voters in the several election districts for which they shall be appointed. They shall be, and are hereby empowered and authorized to administer oaths and affirmations, and to do such other acts as may be necessary to fully carry out the provisions of this Act; provided, that no person a candidate for, or who holds a territorial, county or other office, shall be eligible to or hold the office of register of elections. All registry agents shall be appointed bi-ennially each regular general election year at the regular June meeting of the Board of Commissioners, and shall hold their office for the period of two years, except as hereinafter otherwise provided, but they shall be subject to removal at any time by the Board of County Commissioners; provided, that in any election district wherein any incorporated city containing five thousand population or more is situated, it shall be lawful for the County Commissioners to appoint at least three, but not more than four, registry agents and in any district where three or more registry agents shall be appointed the County Commissioners shall allot, by order entered upon their minutes, to each of such agents, the particular

precincts in which such agents shall make the registration under this Act.

That Section 3 of the said above referred to Act is hereby amended by striking out the following words, on lines 35 and 36 of said section, ""or has declared his intention to become such," and inserting in place thereof, the following words, "or that he will be entitled to be a full citizen, and it is his intention to become a full citizen before election day of this year," so that the section shall read as follows:

SECTION 3. It shall be the duty of the Chairman of the Board of County Commissioners of any County, in Montana, when he shall have received notice from any responsible citizen of the death, disqualification or resignation of any registry agent, after the opening and prior to the closing of the books of registration, to immediately, without giving notice, appoint some competent person to fill such vacancy, and it shall be the duty of such person so appointed to qualify within two days after receiving notice of such appointment. Should such person so appointed fail to qualify within the time herein provided, voters may, upon producing evidence, as to their right to vote, be registered in any other district in said county, and any person so registered in any other district shall, upon presentation and surrender of a certificate of registration signed by the registry agent of said district, be considered a legal voter in the precinct of the district in which he is a resident; provided, this section shall not be so construed as to interfere with the right of the full Board of Commissioners to make such appointment, except in cases herein provided. If any person applies to be registered in any district other than the one in which he resides, and is entitled, upon proof to a certificate of registration, as provided for in this section, such applicant, in addition to the proof required by this Act to entitle him to registration, shall take and subscribe to an oath before the registry agent in substantially the following form:

Montana,

I do solemnly swear that I make this application for registration in District No.....of..... ... County of..... because there is no registry agent within Election District No...... which is the district where I reside and am entitled to vote. Subscribed and sworn to before me this.....day of.....

18... .Registry Agent.

Whereupon such person shall receive from the Registry Agent of such district a certificate, which said certificate shall bear the registry seal and be substantially as follows, to-wit: