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Sec. 52.

Duty of school

out of office.

When any school officer is superseded by election or otherwise, he shall immediately de-officer going liver to his successor in office all books, papers and moneys pertaining to his office; and every such officer who shall refuse to do so, or who shall wilfully mutilate or destroy any such books (or papers) or any part thereof, or shall misapply any moneys intrusted to him by virtue of his office, shall be misconduct. guilty of a misdemeanor, and shall be punished by

a fine, in the discretion of the court, not exceeding one hundred dollars.

Penalty for his

Sec. 53. Every person elected or appointed to oath of officer any office mentioned in this act shall, before entering under this act. upon the discharge of the duties thereof, take an oath to support the constitution of the United States, the organic act of this territory, and to promote the interests of education, and faithfully discharge the duties of his office, according to the best of his abilities. In case such officer has a written appointment or commission, his oath shall be endorsed thereon, otherwise it may be taken orally. In either (case) it may be sworn to before any officer authorized to administer oaths; and school officers are hereby authorized to administer all oaths relative to school business, appertaining to their respective offices, without charge or fee.

School trustee

ested in con

tract.

Sec. 54. No school trustee or other school officer not to be intershall be, directly or indirectly, interested in any contract made by the board of which he is a member; and any contract made in violation of this provision shall be null and void.

lected.

Sec. 55. All fines and penalties, not otherwise Fines, how colprovided for in this act, shall be collected by an action in any court of competent jurisdiction, and shall be paid into the county school fund immediately after collection.

Penalty for

Sec. 56. Any parent, guardian, or other person, abusing teach who shall upbraid, insult or abuse any teacher, in er.:

Penalty for disturbing school

the presence of the school, shall be deemed guilty of a misdemeanor, and liable to a fine of not less than ten dollars nor more than one hundred dollars. Sec. 57. Any person who shall wilfully disturb or school meet any public school or any public school meeting, shall be guilty of a misdemeanor and liable to a fine of not less than ten nor more than one hundred dollars.

ing.

fail

ing to take cen

sus.

Sec. 58. In case any district clerk shall fail to Penalty of dis take the census provided in this act, at the proper time, and if, through such neglect, the district shall fail to receive its apportionment of school moneys, said district clerk shall be individually liable to the district for the full amount so lost, and it may be recovered on a suit brought by any citizen of such district, in the name of and for the benefit of the district.

Disputes of school matters,

Sec. 59. All cases of dispute in relation to school how settled. matters, not properly belonging to courts of justice, may be referred, first, to the county superintendent, and appealed to the territorial superintendent, whose decision shall be final.

School year.

Printing, etc., under this act.

Act, how known.

Former acts repealed.

Sec. 60. The school year shall begin on the first day of September, and end on the last day of August.

and

Sec. 61. All printing or binding required under this act shall be executed in the form and manner and at the prices of other territorial printing, shall be paid in like manner, out of the general fund of the territory.

Sec. 62. This act shall be known (and) referred to as the Montana School Law, and no other title or reference shall be necessary.

Sec. 63. That an act to provide for a system of common schools, approved, January 12th, 1872, and

all acts and parts of acts conflicting herewith, are hereby repealed.

Sec. 64. This act shall take effect and be in force

from and after its passage. Approved February 13, 1874.

STATISTICS.

AN ACT to provide for the collection of statistics.

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

rial auditor

port.

Section 1. That it shall be the duty of the territorial auditor, annually hereafter, to prepare from Patro the official reports, and from whatever other relia-compile and reble sources to which he may obtain access, as full and intelligible tables of the statistics of Montana as may be in his power, and report the result of his labors to the governor, or the legislative assembly, if in session.

Duty of territo

or other officer

Sec. 2. That in order to insure more perfect collection of the statistical information contemplated rial and county by this act, it shall be the duty of any territorial or to assist auditor county or other officer, to answer fully and promptly such special and general questions as the territorial auditor may propound in carrying out the intention of this act, and no person shall receive any compensation for answering such questions, except as hereinafter provided.

County and

ors to collect

Sec. 3. That the several county and district assessors and deputy assessors shall annually, at the district assesstime of taking the list of personal property for tax- statistics. ation, take from each person, company, or corpora tion, in his own county or district, a statement of the number of acres he or they may have had the preceding year in wheat, rye, barley, corn, oats,

peas, buckwheat, and potatoes, and the number of bushels each produced the preceding year; the number of acres in cabbage, rutabagas, turnips, and onions, and the number of pounds produced the preceding year; the number of acres of meadow in cultivation, and the number of tons of hay; the number of milch cows used in dairy, and the number of pounds of butter and cheese produced; the number of sheep, and the number of pounds of wool shorn; the number of apple or fruit trees, and the number of bushels of each kind of fruit produced; the number of ranches, and wages paid per month; gross receipts from placer mines, and wages paid per day; number of quartz mills, and gross receipts of same, with wages paid per day; number of grist mills, and number of sacks of flour manufactured; number of saw mills, and number of thousand feet of lumber cut; number of tan yards, and number of sides of leather manufactured; number of foundries, and number of tons of castings produced; number of wagons manufactured; number of carriages manufactured; number of carpenter shops, and wages paid per day; number of harness and saddiery shops, and value of manufactures; number of blacksmith shops, and wages paid per month; number of silver-smith shops, and wages paid per month; number of coal mines, and number of bushels taken out; number of reduction furnaces, and the number of pounds of bullion produced, aud the value thereof; number of butcher shops, and the number of beeves, calves, sheep, and hogs shaughtered; number of pounds of bacon cured; number of births and deaths, and the number of deaths resulting from natural causes, and the number from violence the previous year. The assessor is hereby authorized to administer all oaths necesminister neces- sary to carry into effect the provisions of this act.

Assessor to ad

sary oaths,

[

to auditor.

Auditor to have

Sec. 4. The several county or district assessors Assessor to reshall make return of all blanks containing statistical turn statistics information, together with a full abstract of the same, to the territorial auditor, on or before November first, annually; and the territorial auditor is hereby required to cause to be printed all the neces- blanks printed. sary blanks to enable the assessors to carry into effect the provisions of this act, and to furnish the same to the clerks of the several counties, and the clerks of the several counties are hereby required County clerks to receipt for to cause to be distributed to the assessor or assessors and distribute of their respective counties the said blanks, and take a receipt for the same.

blanks.

Compensation of officers under

Auditor to issue

ment of fees.

Sec. 5. The clerks of the several counties shall be entitled to receive each year two dollars for distributing the blanks, as provided in this act, out of the contingent [fund] of their respective counties. Each assessor shall be entitled to receive twenty cents for each blank returned to the territorial auditor, containing statistical information, out of the territorial treasury, out of any money not otherwise appropriated, and the blanks so returned shall be the voucher upon which the territorial auditor warrant in payshall issue his warrant upon the territorial treasurer. Sec. 6. Any assessor failing to perform his duty, as provided in this act, shall be deemed to have forfeited his office, and be liable to a fine of not more lecting duty than four hundred, nor less than two hundred dol. under this act. lars. Any clerk failing to perform his duty, as provided in this act, shall be liable to a fine of not less than ten dollars, nor more than fifty dollars. And the territorial auditor is hereby authorized to proceed by a suit at law against any assessor or clerk violating the provisions of this act.

Penalties of officers for neg

clause.

Sec. 7. All acts and parts of acts in conflict with Repealing this are hereby repealed.

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Sec. 8. This act shall take effect and be in force

from and after its passage.

Approved February 12th, 1874,

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