Deposition,

When Used.

cause in which the said witness was so detained and imprisoned, and shall, in all further proceedings by the said magistrate and Court be treated as a part of the files in said cause.

SEC. 4. Immediately upon the taking and signing of the said deposition, the officer having the said person so detained in charge, shall forthwith release him from custody, and the deposition so taken in the manner aforesaid may be received, read and used in evidence upon any trial or further proceedings that may be had against the accused upon the said charge, or any other charge arising from the same facts, in the event, but only in the event the said witness whose deposition is so taken, shall be dead or absent from the State at the tim it becomes necessary to use the same. APPROVED March 4, 1891.

INFORMATION-TRIAL ON SAME.

An Act Entitled "An Act Relating to Information in Criminal Cases."

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

SECTION I. The District Courts shall have original jurisdiction in all criminal cases amounting to Jurisdiction in felony, and in all cases of misdemeanor not other

District Court's

Criminal Cases,

wise provided for.

All criminal actions in the District Court, except those on appeal shall be prosecuted by information, Prosecution by after examination and commitment, by a magistrate, or after leave granted by the Court, or shall be

Information.

prosecuted by indictment without any such examintion or commitment, or without such leave of the Court.

County Attorney to file infor

SEC. 2. When the defendant has been examined or admitted to bail, as provided by law, or upon leave of Court, the County Attorney must, within thirty days after the delivery of the complaint and other papers, to the proper District Court, or after such leave file in such Court, an information, charging the defendant with the offense for which he is held to anwer, or with which he is charged, or any other offense by the facts disclosed; and before so doing he must inquire into and make full examination of all facts and circumstances touching the mation. commission of any such public offense. If the County Attorney shall determine in the case of any person bound over that an information ought not to be filed, he must within thirty days after delivery of complaint and other papers to the proper District Court, file with the Clerk of the Court a statement in writing containing his reasons in fact and in law for not filing an information in such case, and thereupon the Court must examine such statement together with the evidence, if any, filed in the case, must file stateand, if upon such examination the Court is not statisfied with such statement the attorney must be directed and required by the Court to file the proper information and bring the case to trial. A District Judge may in extreme cases upon affidavits with him filed of the commission of crime, order the Prosecuting Attorney to prosecute any criminal by information for such crime, and may compel by at- must examine. tachment, fine or imprisonment, the compliance with said order.

SEC. 3. In an information the offense charged therein shall be stated with the same fullness and precision in matters of substances as is now or may hereafter be required by law, in an indictment for

When he fails,

ment.

District Court

District Court

formation to be filed.

the same offense. Different degrees of the same offense may be joined in one information in all cases where the same might be joined by different Courts may require in- in an indictment. All informations shall be in the name of the State of Montana, signed by the Proscuting Attorney, and verified by him or some other person as complainant, and when verified by the Prosecuting Attorney, may be verified by him upon information and belief. There ahall be indorsed upon each information at the time of the filing of the same, the names of all witnesses known to the Prosecuting Attorney; and at such time before the trial of any case, as the Court may, by rule or otherwise, prescribe, he shall also indorse thereon, the names of such other witnesses as shall then be known to him.

Statement

of offenses in information.

Requisites information.

of

SEC. 4. All of the proceedings of the criminal practice act and all other provisions of law either relating or in any manner applying to prosecution upon indictments, to writs and processes therein and the issuing and service thereof and bail thereon, to motions, demurrers, amendments, pleadings, Laws applicable trials, penalties, and punishments, the passing or the apply to informa- execution of any sentence, appeals, and to all other proceedings in cases of indictment, whether in the Court of original or appellate jurisdiction shall, in the same manner and to the same extent and effect as near as may be, apply to prosecutions by information to all proceedings thereon, the same as if prosecuted by indictment.

to indictments to

tion.

APPROVED March 2, 1891.

PROTECTION OF GAME AND FISH.

An Act to Amend an Act Entitled "An Act for the Better Protection of Game and Fish.”

APPROVED February 28, 1889.

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

SEETION I. That an act for the better protec

Amending game

tion of game and fish, approved February 28, law of February 1889, be amended to read as follows:

Buffalo and Quail not to be

SEC. I. That any person who shall wilfully shoot or otherwise kill for the period of ten years from the passage of this act, any bison, buffalo, or quail, within this State, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be killed. fined not less than two hundred dollars, nor more than five hundred dollars, or be imprisoned in the county jail not less than two months, nor more than six months, or both such fine and imprison- Killing a misment for each offense, in the discretion of the Court, and the possession of the skin or meat of any such animal above mentioned, killed during said period shall be presumptive evidence that the person having either in his possession, killed the same in evidence. violation of this section.

SEC. 2. That any person who shall wilfully shoot or otherwise kill or cause to be killed any whitetailed deer, black-tailed deer, mule deer, mountain sheep, Rocky Mountain goat, antelope, elk or moose, between the 15th day of January and the 15th day of September of the same year shall be

demeanor.

Presumptive

Elks, Deer, etc. not to be killed

between January

15th and Septem

ber 15th.

deemed guilty of a misdemeanor and upon conviction thereof shall be fined any sum no less than twenty dollars, nor more than fifty dollars, for each offense commited.

SEC. 3. The provisions of this and the precedWhen Act not ing section shall not be deemed or held to apply to persons who have raised or own the animals they

to apply.

Regulating Catching of Fish.

Violation

of section a misde

meanor.

kill.

SEC. 3. That a fishing tackle consisting of a rod or pole, line and hooks or spear shall be the only lawful means by which fish may be taken in any of the waters of the State. That said hook shall not be baited with any poisonous drug or substance, and that it shall be unlawful for any person or persons to make any dams or use any fish traps, grab hooks, or similar means for catching fish, and no speckled or mountain trout shall be caught at any time for speculative purposes, or for market or for sale, and it shall be unlawful for any person to sell or offer for sale any speckled or mountain trout caught in the waters of this State; Provided, that a seine or catch-net having a mesh of not less than one inch square may be used in the Missouri River below the Great Falls thereof, and in the Yellowstone River below Clark's Fork thereof, and nothing herein contained shall prevent the use of seines or nets for the purpose of taking fish to be transplanted into private ponds, fish pools, fountains or aquariums. Any person or persons, company or corporation offending against this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than twenty dollars, nor more than one hundred dollars, or shall be imprisoned for a period not more than six months, or by both such fine and imprisonment.

SEC. 4. Any person or persons who shall use any giant powder or other explosive compound