or discipline, to non-attendance at drills, to abuse or neglect public property or store and insubordination, disrespectful conduct towards a superior officer or non-commissioned officer, and all minor offences against military discipline, their sentences, except as otherwise provided in this Act, may inflict one or more of the following punishments, namely:

Reprimand, forfeiture in whole or part of pay or allowance, a fine not exceeding one hundred dollars, or in default of payment of the same for twenty days, in case of an enlisted man, dishonorable discharge from the service, of a commissioned officer, dismissal from the service of the State.

Section 60. No officer or enlisted man shall be brought to trial until ten days after a copy of the order convening the Court and of the charges and specifications shall have been delivered to the accused, unless the exigencies of the service demand an immediate trial, in which case the order convening the Court shall state that the exigencies of the service demand an immediate trial.

Section 61. The president of a Court Martial shall issue his warrant for the collection of all fines imposed by the Court upon approval of the sentence by the officer ordering the Court to the sheriff or any constable of the county in which the court was held, or in which the delinquent resides, whose duty it shall be to collect all fines provided for by this Act in the same manner as he is authorized to collect debts in civil process, and make his return to the President of the said Court or within thirty days certify to the said President that there is no property of the defendant out of which said moneys can be made. Warrants may issue to the sheriff or any constable of any county in which any property, not exempt from execution, of the offender may be, out of which any such fines may be collected and such warrants may be issued and executed in the same manner as executions are issued and executed out of the District Court.

Section 62. The keepers and wardens of all county jails are required to receive and confine all military offenders when delivered by such sheriff or constable under the proper certificate of commitment of the president of a General Court Martial for and during the term of sentence as set forth in said commitment.

Section 63. After the return of a summons citing the accused to appear and he fails to appear at the time and place designated for the trial, the President of the Court shall issue his warrant for the arrest of the delinquent, addressed to the sheriff or a constable of the county, who shall forthwith execute such warrant and make proper return thereon to said

court and produce to the court the body of the accused, if within said. county and retain custody thereof until the conclusion of the trial and approval or disapproval of the proceedings unless sooner discharged by order of the President of the Court Martial.

Section 64. The President of every Court Martial and of every court of inquiry shall issue subpoenas for all witnesses whose presence may, in his opinion, be necessary, the President of every Court Martial or court of inquiry shall have the same power to compel attending witnesses to be sworn and testify and to preserve order as courts of common law jurisdiction, and all sheriffs, jailors and constables are hereby required to execute any precept or process issued by such President for that purpose.

Section 65. Every witness not appearing in obedience to such subpoena when duly served, and not having a sufficient or reasonable excuse, shall forfeit to the State of Montana a sum not less than ten nor more than fifty dollars for each default, and the President of such Court shall from time to time, report to the County Attorney the names of such delinquent witnesses together with the names and respective residences of the persons serving such subpoenas, the better to prosecute for such forfeiture. Section 66. When it shall appear to the satisfaction of any Court Martial or Court of Inquiry by proof made before such Court that any person duly subpoened to appear as a witness before such court, shall have refused or neglected without just cause to attend as such witness, in conformity to such subpoena and the party in whose behalf such witness shall have been subpoened shall make oath that the testimony of such witness is material, such court by its President shall have power to issue an attachment to compel the attendance of such witness.

Section 67. Title 4 of Part 3 of the Political Code of Montana consisting of paragraphs 2050 to 2245 inclusive and all acts and parts of acts in conflict with this act are hereby repealed.

Approved March 9, 1897.

HOUSE BILL NO. 156.

An Act to amend Sections 2300, 2301, 2302, 2307, 2308 and 2309 and adding two new sections to be numbered 2312, and 2313 of Article III, Chapter I, Title V, of Part III of the Political Code of Montana

relating to the examination and commitment of insane persons, and providing for their maintenance.

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

Section 1. That Section 2300 of Article III of Chapter I, of Title V of Part III of the Political Code be amended as follows:

Section 2300. Whenever it appears to the satisfaction of the magistrate of the county that any person within the county is so far disordered in his mind as to endanger health, person or property, he must issue and deliver to some peace officer for service a warrant directing that such persons be arrested and taken before any district judge in the county, for examination, provided, that if the district judge is absent from the county wherein such person is arrested, then the said insane person shall be taken before the Chairman of the Board of County Commissioners.

Section 2. That Section 2301, Article III of Chapter I, of Title V of Part III of the Political Code be amended as follows:

Section 2301. When the person is taken before the judge or the chairman of the board of county commissioners, the judge or chairman of said Board must issue subpoenas to two or more witnesses best acquainted with said insane person, to appear before him and testify at such examination. Section 3. That Section 2302 of Article III of Chapter I, of Title V of Part III of the Political Code be amended as follows:

Section 2302. The judge, or in case of his absence, the chairman of the Board of County Commissioners, must also issue subpoenas for at least two graduates of medicine to appear and attend such examination. Section 4. That Section 2307 of Article III of Chapter I, of Title V of Part III of the Political Code be amended as follows:

Section 2307. The judge, or the Chairman of the Board of County Commissioners, if the hearing be had before him, after such examination and certificate made, if he believes the person so far disordered in his mind, as to endanger health, person or property, must make an order that the party be confined in the insane asylum, and a copy of such order must be filed with and recorded by the Clerk of the District Court of the County. The Clerk must also keep in convenient form an index book showing the name, age, and sex of each person, so ordered to be confined in the insane asylum, with the date of the order and the name of the insane asylum in which the person is ordered to be confined. No fees must be charged by the Clerk for performing any of the duties provided for by this section or in this article.

Section 5. That Section 2308, Article III of Chapter I, of Title V of Part III of the Political Code be amended as follows:

Section 2308. The insane person, together with the order of the judge or the Chairman of the Board of County Commissioners, and the certificate of the physicians must be delivered to the sheriff of the County, and by him must be delivered to the officer in charge of the insane asylum. Section 6. That Section 2309 of Article III of Chapter I of Title V of Part III of the Political Code be amended as follows:

Section 2309. Any moneys found on the person of an insane person at the time of arrest must be certified to by the judge, or the Chairman of the Board of County Commissioners, and sent with such person to the asylum, there to be delivered to the person in charge of the asylum, whose receipt therefor shall be taken by the sheriff, or other officer delivering said insane person to said asylum. If the sum exceed one hundred dollars, the excess must be applied to the payment of the expenses of said person while in the asylum. If the sum is one hundred dollars, or less, it must be kept and delivered to the person when discharged or applied to the payment of funeral expenses if the person dies at the asylum. Any balance of said one hundred dollars or less remaining in the hands of the officers of the asylum, after the death of the insane person, shall be returned to the County Treasurer of the County from which said insane person was sent, and if any sum remains after paying costs of trying and transporting said insane person to the asylum, this balance shall be paid to the State Treasurer to the credit of the General Fund.

Section 7. That Article III of Chapter I of Title V of Part III of the Political Code be further amended by adding thereto another section to be known as Section 2312, as follows:

Section 2312. Whenever any insane person is examined and committed by hearing had before the Chairman of the Board of County Commissioners it shall be the duty of said Chairman to have all the evidence reduced to writing, and the same, together with all orders, subpoenas, complaints, warrants and papers used on said hearing, or made by said Chairman of the Board of County Commissioners, shall be filed in the office of the Clerk of the District Court, of the proper county, and said Clerk shall enter upon the journal of the minutes of Probate proceedings, a transcript of all proceedings had by the Chairman of the Board of County Commissioners at any examinations and committal of an insane person, in the same manner as proceedings in probate in vacation are entered by

the Clerk of the Court, and it shall be the duty of the District Judge at the first term of Court, after such examination to examine and approve such proceedings or said insane inquest and committal, in the same manner as probate proceedings transacted by the clerk in vacation are approved; and in no case shall the finding of the Chairman of the Board of County Commissioners be final, in all cases where hearings are had by the Chairman of the Board of County Commissioners, the proceedings must be examined and certified and approved or rejected by the Judge of the District Court.

Section 8. That Article III of Chapter I of Title V of Part III of the Political Code be amended by adding another section thereto to be known as Section 2313, as follows:

Section 2313. Whenever a hearing for examination or committal is had before the judge or Chairman of the Board of County Commissioners, and the person is adjudged to be insane and ordered confined in the insane asylum, it shall be the duty of the judge or person before whom hearing is had to take evidence as to the financial worth of said insane person, which evidence shall be reduced to writing and filed as provided in the preceding section, and if it appear from said evidence that said insane person has any means, money or property out of which the expenses of his maintenance in the insane asylum, or any part thereof could be paid, it shall be the duty of the judge or person before whom hearing is had, to issue a citation to the parties in possession of his property, and to the relatives of said insane person, if any there be in the county where said insane person resided, citing them to appear and show cause why a guardian should not be appointed for said insane person, and why said guardian should not be ordered to pay the costs of the maintenance of said insane person, or so much thereof as his means will permit, which citation shall be served and all proceedings thereunder conducted as provided in Chapter 12 of Title XII of the Code of Civil Procedure; and if it appear to the court that said insane person has property that can be applied towards his maintenance, it shall be the duty of the court to make an order to that effect, stating how much of the said insane person's property shall be applied the amount to be fixed with due regard to the proper preservation of the estate of said insane person.

Approved March 8, 1897.