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Laws, Memorials, and Resolutions, of the Territory of Montana, Passed at the Seventh Session of the Legislative Assembly, Begun at Virginia City, Monday, December 4, 1871, and Concluded January 12, 1872. To Which Are Prefixed the Constitution of the United States, and the Acts Organizing the Territory Page 279, Image 297 (1872) available at The Making of Modern Law: Primary Sources.

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[Laws] of Montana Territory, § 59. If any person shall assault and beat another with a cowhide, stick, or whip, having at the time in his possession a pistol or other deadly weapon, with an attempt to intimidate and prevent the person assaulted from defending himself, such person shall, on conviction thereof, be imprisoned in the territorial prison not less than one nor more than ten years.