the-slot machine or other similar machine or permits the same to be run or conducted, other than the games commonly known as surething games, for money, checks, credits, or any representative of value, or for any property or thing whatever, and any person owning or in charge of any saloon, beer hall, bar room, cigar store or other place of business or any place where drinks are sold or served who permits any of the games mentioned in this Section to be played in or about such saloon, beer hall, bar room, cigar store or other place of business, or place where drinks are sold or served, is punishable by a fine of not less than $100.00 nor more than $1000.00; and every person convicted of a violation of Section 2 of this Act must be imprisoned until such fine and costs are paid.

Section 3.

Every person who, by the game of "three card" monte, so called, or any other game, device, sleight-of-hand, pretensions to fortune telling, trick or other means whatever, by use of cards or other instruments or implements, or while betting on sides or hands of any such game or play, fraudulently obtains from another person money or property of any description shall be deemed guilty of larceny, and must be punished as in case of larceny of property of like value.

10-295

Section 4.

Every person duly summoned as a witness for the prosecution on any proceedings had under the provisions of this Act, who neglects or refuses to attend as required, is guilty of a misdemeanor.

Section 5.

Any person, otherwise competent as witness, is not disqualified from testifying as such concerning the offense of gambling, on the ground that such testimony may criminate himself, but no prosecution may afterwards be had against him for any offense to which he testifies.

Section 6.

Every sheriff, constable, or police officer, shall have authority, and it shall be his duty upon receipt of information that any house, room, tent, or apartment is being conducted as a house, room or apartment for any of the games mentioned in this Act, to break open any door or opening into any such house, room, tent or apartment, with

or without a warrant of arrest for the purpose of arresting such offenders of this Act.

Section 7.

Every owner, lessee, or keeper of any house used in whole or in part as a saloon or drinking place, who knowingly permits any person under eighteen years of age to play at any game of chance therein, is guilty of a misdemeanor.

Section 8.

Every state, county, city, town, or township officer who shall demand, ask for, receive, or collect any money or other valuable consideration for his own use, or the use of any of the officers herein named, for or with the understanding that he will aid, exempt or otherwise assist any person from arrest or conviction for a violation of this Act, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and be imprisoned in the county or city jail for not less than thirty days nor more than six months.

Section 9.

The Act of the Fifth regular Session of the Legislative Assembly of Montana, entitled "An Act to prohibit gambling within the state of Montana, and to provide penalties for the violation of the provisions thereof, and to provide for the enforcement thereof, and to repeal all laws in conflict with this Act," approved March 4, 1897, together with all Acts and parts of Acts in conflict herewith, are hereby repealed.

Section 10.

This Act shall be in full force and effect from and after its passage and approval by the Governor.

Approved March 15th. 1901.

HOUSE BILL NO. 92.

An Act to amend Section 380 of the Penal Code of Montana, relating to kidnapping.

Be It Enacted By The Legislative Assembly of The State of Montana:

Section 1. That section 380 of the Penal Code of the State of Montana be amended so as to read as follows:

Section 380. Every person who wilfully

1. Seizes, confines, inveigles or kidnaps, another with intent to cause him, without authority of law, to be secretly confined or imprisoned within this State, or to be sent out of the State, or in any way held to service or kept or detained against his or her will or against the will of his or her parent or guardian, whether such guardian be natural or appointed, and any person who,

2. Leads, takes, entices away or detains a child under the age of eighteen years with intent to keep or conceal it from its parent, guardian or other person having the lawful care or control thereof, or to extort or obtain money or reward for the return or disposition of the child, or with intent to steal any article about or on the person of the child or,

3. Abducts, entices or by force or fraud unlawfully takes or carries away another, at or from a place without the state or procures or advises, aids or abets such abduction, enticing, taking or conveying away, and afterwards sends, brings, has or keeps such person, or causes him to be kept or secreted within this State, is guilty of kidnapping and is punishable by imprisonment in the State Prison for not less than one year.

Section 2. All Acts and parts of Acts in conflict herewith are hereby repealed.

Section 3. This Act shall be in force and take effect from and after its passage and approval by the Governor.

Approved March 11th. 1901.

SENATE BILL NO. 67.

An Act entitled an act to amend section 517, Chapter V, Title IX, Part IV, of the Penal Code of the State of Montana relating to interment of human remains.

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

Section 1.

That section 517, Chapter V, Title IX, Part IV, of the Penal Code of the State of Montana be amended so as to read as follows:

Section 517. Every person who buries or inters, or causes to be buried, or interred, the dead body of any human being or any human remains without first having obtained a certificate of cause of death from a regular practicing physician of the State or the coroner of the county in which the death occurred is guilty of a misdemeanor. Any practicing physician of the State or any coroner in any county who fails to file a certified copy of every certificate of the cause of death which he shall issue in the office of the county Clerk and Recorder of the county in which the death occurs, within three days from time said certificate is issued, shall be guilty of a misdemeanor.

Upon information or knowledge of any infraction of this law the coroner shall immediately investigate the circumstance and make complaint against the offenders. Every person who buries or inters, causes to be buried or interred the dead body of any human [being] or any human remains in any place within the corporate limits of any city or town in this State, except in a cemetery or place of burial now existing under the laws of this State and in which interments. have been made, or that is now or may hereafter be established or organized by the board of county commissioners of the county, or other legal authority, in which such city or town is situate is guilty of a misdemeanor.

Section 2.

All acts and parts of Acts in conflict herewith are hereby repealed.

Section 3.

This Act shall take effect from and after its passage and approval by the Governor.

Approved March 9th. 1901.

HOUSE BILL NO. 13.

An Act to amend an Act entitled, an Act to repeal Sections 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121..

1122, 1123, 1124, 1125, 1126, 1127,

1131, 1132, 1133, 1134, 1135, 1136,

1128, 1129, 1130,

1140, 1141, 1142, 1143, and 1144 of the Penal Code of the State of Montana, and to provide further protection to birds, fish, fur bearing animals and game

Be it Enacted by the Legislative Assembly of the State of Montana:

Section 1. That Section 1 of said act, entitled an act to repeal Sections 1110, 1111, 1112, 1113, 111, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1149, 1140, 1141, 1142, 1143, and 1144, of the Penal Code of the State of Montana, and to provide further protection to birds, fish, fur bearing animals and game, approved March 8th, 1897, be and the same is hereby amended [so as] to read as follows:

Section 1. Any person who wilfully shoots or kills, or causes to be shot or killed any Moose, Bison, Caribou, Buffalo, Quail, Chinese Pheasants, Mountain Sheep, Antelope or Beaver, shall be punished by imprisonment in the state prison for a term not exceeding two years, or in the county jail not less than six months, or shall be fined not more than Five Hundred ($500.00) Dollars, nor less than Fifty ($50.00) Dollars, or by both such fine and imprisonment, provided, however, it shall be lawful for any person to kill beaver upon his own premises, when such killing is necessary for the protection of said premises.

Section 2. That Section 2 of said Act be, and the same is hereby amended so as to read as follows:

Section 2. Any person who wilfully shoots or kills, or causes to be shot or killed any female elk, and any person who between the first day of November of one year and the first day of September of the following year wilfully shoots or kills or causes to be shot or killed any male elk, or who in a single open season shall shoot or kill, or cause to be shot or killed more than two male elk, shall be punished by imprisonment in the state prison for a term not exceeding more than two years, or in the county jail not less than six months, or by a fine