Officer of cor take oath for corporation. Be it Enacted by the Legislative Assembly of the State of Section 1. That in all matters where a corporation is authorized poration may to act as trustee, guardian, executor, administrator or in any fiduciary capacity, and an oath of office is required, it shall be competent for an officer of such corporation to take the required oath for and on behalf of his corporation, and such corporation shall thereby become amenable to the laws relating to individuals in like matters, so far as such laws may be applied to a corporation. Approved Feb'y 15, 1905. Employment of children un underground mines. CHAPTER 16. "An Act Prohibiting the Employment of Children un- Be it Enacted by the Legislative Assembly of the State of Section 1. Any person, corporation, stock company or associa der sixteen in tion of persons, owning or operating any underground mine, or any officer, agent, foreman or boss, having the control or management of employees, or having the power to hire or discharge employees, who shall employ, or knowingly permit to be employed, any child under the age of sixteen years, for work or service in any such mine, or the underground workings thereof, or permit or allow any such child to render or perform any work or service whatever in such mine, whether under contract of employment or otherwise, shall be guilty of a misdemeanor and punishable as hereinafter provided. Misdemeanor. Section 2. Any parent, guardian or other person having the care, custody, or control of any child under the age of sixteen years, who shall permit, suffer, or allow such child to work in any mine having underground workings, or who shall permit or allow any such child over whom they may have such care, custody, or control to retain employment in any such mine, or who, after having knowledge that any such child has taken employment in any such mine, or is performing work or service therein, whether under contract of employment or not, shall fail forthwith to notify the person or corporation owning or operating such mine, or some officer, foreman or employee thereof having the power to hire or discharge employees, of the age of such child, shall be guilty of a misdemeanor and punishable as hereinafter provided. Section 3. employment demeanor. guilty of mis Any person or corporation violating any of the provisions of this Act shall be guilty of a misdemeanor, and Penalty. upon conviction thereof shall be punished by a fine not "less than Twenty-five ($25) Dollars nor more than ($500) Five Hundred Dollars, or by imprisonment in the County Jail for a period of not less than thirty days nor more than Six months, or by both such fine and imprisonment." Section IV. This Act shall be in full force and effect from and after its passage and approval. Approved Feb'y 15, 1905. When act takes effect. CHAPTER 17. An Act to Amend Section 541 of the Penal Code of the State of Montana Relating to the Sale of Intoxicating Be it Enacted by the Legislative Assembly of the State of Section 1. Section 541 of That Section 541 of the Penal Code of the State of Montana be and the same is hereby Amended so as to amended. read as follows: Sale of intoxicating liquors to drunkard. Section 541. Every person who sells or gives intoxicating liquors to persons who are in the habit of getting drunk or intoxicated, or of drinking intoxicating liquors to excess, after being notified of such habit or knowing the same, or who sells or gives intoxicating Sale to minor liquors to a minor, or to an Indian, is liable in damages to any person who is injured thereby in money, property, or means of support, and in addition thereto is guilty of a misdemeanor. In a suit for recovering damages named in this Section a married woman may sue in her own name and a minor by a guardian. or Indian. Misdemeanor. Repealing clause. When act takes effect.. Section 2. All Acts and parts of Acts in conflict herewith are hereby repealed. Section 3. This Act shall be in full force and effect from and after its passage and approval by the Governor. Approved Feb'y 16th, 1905. Formation of Cemetery Associations. Number of trustees. CHAPTER 18. An Act to Provide for the Formation of Cemetery As- Be it Enacted by the Legislative Assembly of the State of Section 1. Any number of persons residing in any county in the State of Montana, not less than seven, who desire to form an association for the purpose of procuring and holding lands to be used exclusively for a cemetery or place of burial of the dead, may meet at such time and place as they, or a majority of them, agree upon, and appoint a chairman and secretary by a vote of the majority of the persons present at the meeting, and may proceed to form an association, by agreeing upon a corporate name by which the association shall be known, and by determining upon the number of trus tees to manage the affairs of the association, which number shall not be less than three, or more than nine; and thereupon they may proceed to elect by ballot the number of trustees so determined upon. Section 2. The Chairman and Secretary of such meeting shall, Term of office. immediately after such election, divide the trustees by lot into three classes; those in the first class to hold their office for one year; those in the second class, two years, and those in the third class, three years; but the trustees of each class may be re-elected if they possess the qualifications hereinafter mentioned; such meeting shall also determine on what day in each year the future annual election of trustees shall be held. Section 3. Election. tain. cbn The chairman and secretary of such meeting shall, Certificate. within five days after the holding of the same, make a written certificate, which shall state the names of the associates who attended such meeting, the corporate What to name of the association determined upon by a majority of the persons who met, the number of persons fixed upon to manage the concerns of the association, the names of the trustees chosen at the meeting and their classification, the day of the year fixed upon for the annual election of trustees, and the manner of their election: such certificate shall be signed by the said chairman and secretary, and acknowledged by them before some person authorized to take acknowledgments within the State of Montana, and they shall cause such certificate so acknowledged, to be recorded in the office of the County Clerk & Recorder of the County in which said meeting was held, and a certified copy of such certificate so recorded shall be filed with the Secretary of State of the State of Montana, who shall thereupon State to issue issue his certificate therefor without charge.. Section 4. Whenever such certificate is duly acknowledged and Secretary of certificate. Right to sue recorded, and filed as provided in the last section, the and be sued. Trustees may enact by-laws. Vacancies, how filled. Rights of persons elected to fill vacancies. Powers of trustees. association mentioned therein shall be deemed legally incorporated, and shall have the general powers and privileges of corporations, with the right to sue and be sued and to continue perpetually. Section 5. The trustees of any association incorporated agreeably to the provisions of this act, may enact by-laws for regulating the affairs of such corporation, not inconsistent with the laws of this state. Section 6. That all vacancies occurring by death or otherwise in the membership of any cemetery association organized under this act, shall be filled by a vote of the surviving or remaining associates named in the certificate of association. All persons so elected to fill any such vacancy shall be entitled to vote at the election of trustees, and be eligible to the office of trustee of said incorporation, and shall have and be entitled to the same rights, powers and privileges as the original associates named in said certificate. Section 7. The affairs and property of such association shall be managed by the trustees, a majority of whom shall form a board for the transaction of business. The trustees shall annually appoint from among their number a President and president, vice-president, secretary and treasurer, who shall hold their offices during the pleasure of the board of trustees; and the trustees may require the treasurer to give security for the faithful performance of the duties of his office. other officers. Treasurer to give bond. Duties of Secretary. Section 8. The Secretary shall perform all the duties of a secretary of a corporation, and shall in addition keep a record of interments, in which he shall enter as correctly and carefully as may be, the name, age, sex, nativity and cause of death, with date of burial of every person interred in such cemetery, which facts he shall procure from such friends or relatives of the deceased, or under |