Section 7.

Sections 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037 and 1038 of the Civil Code of Montana, the same constituting Title XI, of Part IV, Division I of said Code, and all other acts and parts of acts in conflict herewith, are hereby repealed.

Section 8.

Any foreign corporation or joint stock company now engaged in carrying on business in Montana, which has heretofore filed a copy of its charter or articles of incorporation, a statement, certificate designating an agent upon whom service of summons and other process may be made, and the consent of such agent in compliance with the provisions of Title XI, Part IV, Division I of the Civil Code of Montana shall not be required to comply with the provision of sections one and two of this Act, provided, that if the agent designated and appointed by such corporation or joint stock company does not now reside in this State, or has resigned, or his appointment has been revoked, or if he shall hereafter reside out of the State, or resign, or his appointment be revoked, such corporation or joint stock company shall be required to designate another agent and file such designation and the consent of such agent in accordance with the provisions of this act.

Section 9.

This act shall take effect immediately after its approval.
Approved March 9th. 1901.

SENATE BILL NO. 76.

An Act to Amend Section 1880 of Title VIII, Part IV Division II of the Civil Code of Montana.

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

Section 1. That Section 1880 of Title VIII, Part IV, Division II of the Civil Code of the State of Montana, be, and the same is hereby amended so as to read as follows:

Section 1880. The right to the use of any unappropriated water of any natural stream, water course, spring, dry coulee, or other natural source of supply, and of any running water flowing in the streams.

rivers, canyons and ravines of this State, may hereafter be acquired by appropriation.

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 All Acts and parts of Acts in conflict herewith are hereby repealed.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.

Approved March 16th. 1901.

SENATE BILL NO. 50.

An Act to amend Sections 2495 and 2496 of Article III of Part IV of Division III of the Civil Code of the State of Montana, relating to Storage.

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

Section 1. That Section 2495 of Article III of Part IV, Division III of the Civil Code of the State of Montana be, and it is hereby, amended so as to read as follows:

"Section 2495. Any storage or commission merchant receiving personal property from any person for storage and any common carrier of goods by whom any personal property is lawfully stored before or after the transportation thereof, may, after keeping the same in store for ninety days, in default of the payment of the storage or freight money on such personal property, advertise and sell the same at public auction, to the highest bidder, for cash, first giving notice of the time, the terms, and place of sale, and a description of the property to be sold, by publication in some newspaper published in the county where the property may be stored. Said notice shall be published at least once a week for four weeks next previous to the day of sale, and shall specify the amount due on the property to be sold, when a specified time has been agreed upon between the parties for the storage of said property, the same shall not be advertised until the expiration of the time agreed upon. Should there be no newspaper published in the county where such property is stored, then notice may be given in the newspaper published nearest thereto, in some other county, in this State. But no more of such property shall be sold than is necessary to pay the charges due, together with the costs.

Section 2. That Section 2496 of Article III of Part IV of Division

III of the Civil Code of the State of Montana be, and the same is hereby amended so as to read as follows:

"Section 2496. After paying the expenses of sale, including the publication of notice, the storage or commission merchant, or the carrier, shall be authorized, out of the proceeds arising from the sale of the property, to retain the amount due him for storage or freight money, or both, due upon any such property, and the excess, if any, must be paid over to the person entitled to the proceeds thereof. All sales under this Article shall vest the Title to the property sold in the purchaser thereof.”

Section 3. All Acts, and parts of Acts, inconsistent herewith shall be, and the same are, hereby repealed.

Section 4. This Act shall take effect and be in full force from and after its passage.

Approved Feby 25th. 1901.

SENATE BILL NO. 51.

An Act to Amend Section 2834 of Article III of Part IV of Division III of the Civil Code of the State of Montana, Relating to Bills of Lading.

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

Section 1. That Section 2834 of Article III of Part IV of Division III of the Civil Code of the State of Montana be and it is hereby amended so as to read as follows:

Section 2834. A carrier on demand must subscribe and deliver to the consignor an original Bill of Lading and on demand must also furnish to him any reasonable number of copies thereof, each of such copies to be of the same tenor as the original and to express truly the original contract for carriage; and if any carrier refuses to do so, the consignor may take the freight from him and recover from him, besides, all damage thereby occasioned.

Section 2. All Acts, and parts of Acts, inconsistent herewith shall be, and the same are, hereby repealed.

Section 3. This Act shall take effect and be in full force from and after its passage.

Approved Feby 28th. 1901.

SENATE BILL NO. 55.

An Act creating the Twelfth Judicial District of the State of Montana to be composed of the Counties of Choteau and Valley, and providing the appointment of a Judge thereof.

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

Section 1. That there be and hereby is created a new Judicial District of the State of Montana, to be known as the Twelfth Judicial District, and that the same embrace and compose all of the territory within the Counties of Choteau and Valley, which, from and after the passage and approval of this Act shall constitute the Twelfth Judicial District of the State of Montana.

Section 2. That within thirty days after the passage of this Act the Governor of this State shall duly appoint some fit and qualified person Judge of the Twelfth Judicial District to hold his office until his successor shall be duly elected and qualified.

Section 3. The compensation, powers and duties of the Judge of said Twelfth Judicial District shall be the same as are provided by law and the constitution of the State for District Judges.

Section 4. The Tenth Judicial District of the State of Montana shall hereafter be composed of the territory within the County of Fergus.

Section 5. The provisions of this Act shall not work the removal of the Judge of the said Tenth Judicial District, nor of any clerk of the District Court of any of the Counties of Choteau, Valley, or Fergus, but each of the clerks of the said District Courts shall continue to hold his office and enjoy the emoluments thereof as if this Act had not been passed.

Section 6. All Acts and parts of Acts in conflict herewith are hereby repealed.

Section 7. This Act shall be in full force and effect from and after its passage and approval by the Governor.

Approved Feby 25th. 1901.

HOUSE BILL NO. 143.

An Act Entitled, "An Act To Amend Section 32, Title I. Part I. Chapter IV, Of The Code Of Civil Procedure, And To Provide For An Additional Judge For The Second Judicial District Of The State Of Montana.

Be It Enacted By The Legislative Assembly Of The State Of Montana: Section 1. That section thirty-two, title one, part one, chapter four, of the code of civil procedure, be amended so as to read:

"Section 32. In each judicial district there must be a judge of the district court, who must be elected by the qualified voters of the district, and whose term of office is four years. In the first district there must be two judges, and in the second district there must be three judges."

Section 2. That the Governor of this state shall duly appoint some fit and qualified person as additional judge of the said second judicial district, to hold his office until his successor shall be duly elected and qualified.

Section 3. The compensation, powers and duties of the said judge of said second judicial district by this Act created, shall be the same as are provided by law and the constitution of the state for district judges. Section 4. That all Acts and parts of Acts in conflict herewith are hereby repealed.

Section 5. That this Act shall be in full force and effect from and after the first day of May, A. D. 1901.

Approved March 11th. 1901.

SENATE BILL NO. 64.

An Act to amend Section 38, of Chapter IV, of Title, I, of the Code of Civil Procedure of the State of Montana, relating to District Courts.

Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 38, of Chapter IV, Of Title 1, of the Code of Civil Procedure be amended so as to read as follows:

Section 38. The District court of each county which is a judicial