Repealing clause. When act takes effect. cruelly treats, abuses or inflicts unnecessary and cruel punishment upon the same or wilfully abandons or neglects such child, is guilty of a misdemeanor. Section 3. All Acts and parts of Acts in conflict herewith are hereby repealed. Section 4. This Act shall be in full force and effect from and after its passage and approval by the Gov ernor. Approved Feb'y 3, 1905. Board of missioners employ means to eradicate disease. CHAPTER 7. "An Act to Provide for the Prevention and Eradica- Be it Enacted by the Legislative Assembly of the State of Section 1. In addition to the powers now conferred upon it by law the Board of Stock Commissioners of this State shall have the power and it shall be its duty to deterhave power to mine the existence of and employ the most efficient and practical means to prevent, suppress, control and eradicate the disease known as scabies, among horses, mules, asses and cattle; and to direct and regulate the handling, dipping or treating of any of the aforesaid classes of live stock when infected with or exposed to the said disease; to make and adopt such quarantine and sanitary regulations to that end as may be by it deemed expedient, provided, that all such regulations shall so far as practicable conform to the regulations in that regard of the Department of Agriculture of the United States as they shall be from time to time promulgated; and to create and define districts within which such disease exists; provided further that in determining the district or districts within this State in which such disease from time to time exists, said board shall co-operate with the said Department of Agriculture. A majority of said Board shall constitute a quorum, and the said Board may exercise any of the powers conferred upon it by this Act through committees of its own members thereto specially empowered by resolution. Section 2. Quorum. districts. Whenever the said Board shall from time to time Infected have determined that said disease exists in any such district or districts, and created and defined the same, the same shall be known as an infected district or districts, and the Board shall as soon as possible after creating such infected district, cause notice of the creation and of the limits thereof to be given by publication once a week for three successive weeks in some newspaper published within and of general circulation within said district, and if no newspaper be published therein, then in some newspaper published at a point nearest thereto; and thereupon it shall be the duty of all persons owning or having the control of any of the aforesaid classes of live stock within the boundaries of said district, to dip or treat said live stock within said district or so much of said live stock as the regulations of said Board applicable to said district may require live stock in the dipping of all such live stock to be in strict compliance with the regulations of said Board, and within such reasonable time after the completion of the publication of the notice of the creation of said district as said Board may prescribe. The said Board shall, before publishing said notice, as to any created district, prescribe the dipping regulations applicable thereto; Board to preand shall publish said regulations with said notice. Section 3. It shall be the duty of said Board of Stock Commissioners promptly upon the expiration of thirty (30) days after the completion of the publication of the notice of the creation of any such infected district, to caused to be seized and gathered and dipped and Duty of persons owning infected districts. scribe regulations. Expense of dipping and treating. State Veterinarian and Stock Inspectors subject to control of Board. Stock Inspec tors deemed Veterinarians. treated any undipped or untreated live stock of the classes named within said district; provided, however, that no obligation shall exist or be created by or against the said Board on account of the dipping or treating of any live stock by it, but such expenses shall be a charge against and shall be paid by said Board out of any sums realized out of the lien of liability by this Act created. Section 4. The State Veterinarian and Stock Inspectors shall be subject to the supervision and control of the said Board in the exercise of the powers conferred upon it by this Act, and they shall accomplish all orders to them by said Board directed and perform all duties that may be imposed upon them by the regulations of said Board, and to that end whenever necessary, they may enter upon and examine any car, yard, stable, corral, steamboat or any building or premises to examine any said live stock therein or thereon, and otherwise do whatever may be found necessary and proper therein or thereon to the effectual discharge of their said powers and duties. Section 5. The Stock Inspectors shall be deemed for the purDeputy State pose of accomplishing the provisions of this Act, Deputy State Veterinarians, and subject to the approval of the Department of Agriculture of the United States, the Inspectors appointed by it may also be appointed Deputy State Veterinarian by the said Board for the purpose of this Act, and they shall hold said appointment at the pleasure of said Board so long as they remain inspectors of said Department and as such are stationed in this state, and they shall act as such Deputies without bond or compensation from the State and shall possess all the powers and duties of Deputy State Veterinarians as needed for the purpose of this Act. Dipping under supervision of State Veterinarian. Section 6. All dipping shall be under the supervision of the State Veterinarian, and every person within the district who shall own or control any of said live stock required to be dipped or treated therein, shall as soon as the same shall have been dipped or treated in conformity with the regulations of said Board, be entitled to receive and shall receive from the State Veterinarian a certificate in writing to that effect. The said Board is hereby empowered and required by regulation to Dipping inimpose and collect a dipping inspection fee to cover the estimated cost of dipping or treating supervision incurred under its regulations. Section 7. spection fee. Expense of upon live stock dipped or treated. For all sums paid out by the said Board, pursuant to the provisions of this Section, and in addition there- Board a lien to such further sum per head of live stock dipped or treated as in this Act provided, as may be fixed by the said Board by regulation as a penalty, and for all amounts due on account of dipping or treating supervision it shall have a lien upon all such live stock so dipped or treated and any other live stock of the person owning the same, which lien shall be a first lien and superior to any other lien, claim or demand against said live stock, which said lien the said Board shall have power to enforce by appropriate action and it may further maintain an action to recover from the owner of such live stock the amount of said lien. Board to keep record of expenditures and brand of live stock affected by lien. The Board shall cause to be kept in the office of the Secretary thereof a record of all sums due to it on account of payments made or expenditures incurred on account of the dipping of any such live stock, or on account of dipping or treating supervision, together with the brand of all live stock affected by the lien aforesaid and the name of the owner thereof. A certified copy of such record shall be filed in the office of the County Clerk where such owner resides, or where such live stock are, if the owner does not reside in the State of Montana, which shall be deemed to impart notice of such lien. No such lien shall be ef- fice of County fective until such certified copy is so filed. Certified copy of record to be filed in of Clerk. Violation of provisions of demeanor. Section 8. Any owner or person having control of any of said this act a mis- live stock or any other person whether an officer or employee of said Board or a private person who shall wilfully violate any provisions of this Act or regulations or orders lawfully made in conformity therewith, or who shall in any manner hinder or obstruct the execution of any such regulation or order, or hinder, resist or obstruct any officer or employee of said Board or the State Veterinarian or any of his Deputies or any Stock Inspector in the discharge of his duty or in the exercise of his lawful powers or who shall wilfully or negligently break any quarantine, or wilfully or negligently suffer any quarantined animal or animals to escape from quarantine, shall be deemed guilty of a misdemeanor. Repealing clause. When act takes effect. Section 9. All Acts or parts of Acts in conflict herewith are hereby repealed. Section 10. This Act shall be in full force and effect from and after its approval by the Governor. Approved Feb'y 6th, 1905. Section 1221 of Code of Civil Procedure amended. CHAPTER 8. "An Act to amend Sections 1221 and 1222 of Chapter Be it Enacted by the Legislative Assembly of the State of Section 1. That Section 1221 of Chapter I, Title IX, Part II, of the Code of Civil Procedure be, and the same is hereby amended to read as follows: |