in part, and, in like manner, those refused or modified. All instructions given by the Court must be filed, together with those refused, as a part of the record.

6. When the instructions have been passed upon and settled by the Court, and before the arguments of counsel to the jury are begun, the Court shall charge the jury in writing, giving in connection therewith such instructions as are offered and allowed.

The charge of the Court, the instructions given and the modifications thereof, and the refusal to give instructions shall be deemed excepted to and no bill of exception shall be required, as to them. In charging the jury, the Court shall give to them all matters of law which it thinks necessary for their information in rendering a verdict.

7. When the jury has been charged, unless the case is submitted to the jury on either side, or on both sides, without argument, the party upon whom rests the burden of proof must commence and may conclude the argument. If several defendants, having several defences, appear by different counsel, the court must determine their relative order, in the evidence and argument. Counsel, in arguing the case to the jury, may argue and comment upon the law of the case, as given in the instructions of the Court, as well as upon the evidence of the case. Section 2. All Acts and parts of Acts in conflict herewith are hereby repealed.

Section 3. This Act shall take effect and be in force from and after its passage and approval by the Governor.

Approved Feby 15th. 1901.

SENATE BILL NO. 101.

An Act to Amend Chapter I of Title XIII of Part II of the Code of Civil Procedure of Montana Relating to Appeals to the Supreme Court, by Adding Thereto Section 1745.

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

Section 1.

That Chapter I of Title XIII of Part II of the Code of Civil Procedure of Montana be and the same is hereby amended by adding thereto a section to be known as Section 1745 and to read as follows: Section 1745. That all transcripts, documents and papers filed in

the Supreme Court in connection with any appeal taken, and mentioned in the preceding sections of this Chapter, may be printed or typewritten at the election of the party taking the appeal. If typewritten, a duplicate or duplicates thereof shall not be required to be filed, but three distinct carbon copies shall be supplied to the Clerk of the Supreme Court and one carbon copy shall be served on the adverse party.

Approved March 9th. 1901.

HOUSE BILL NO. 41.

An Act to amend Section 2131. of the Code of Civil Procedure, relating to filing liens of mechanics and others upon real property. Be it enacled by the Legislative Assembly of the State of Montana: 43

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Section 1. That Section 2131. of the Code of Civil Procedure be amended [so as] to read as follows:

33-9

Section 2131. Every person wishing to avail himself of the benefits of this Chapter, must file with the County Clerk of the County in which the property or premises mentioned in the preceding Section is situated, and within ninety days after the material or machinery aforesaid has been furnished, or the work or labor performed, a just and true account of the amount due him, after allowing all credits, and containing a correct description of the property to be charged with such lien, verified by affidavit, but any error or mistake in the account or description does not affect the validity of the lien, if the property can be identified by the description, which paper containing the account, description and affidavit is deemed the lien; and when there is an open account between the parties for labor, material or machinery, such lien may be filed within ninety days after the date of the last item in such account, and include all items and charges contained therein, for material or machinery furnished for, or work performed on, the property on which the lien is claimed.

Section 2. All acts and parts of acts in conflict with the provisions of this act 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 March 7th. 1901.

SENATE BILL NO. 92.

An Act to prevent the Slaughter and Sale of Big Jawed Cattle and Cattle having any other Disease, and prescribing punishment therefor.

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

Section 1.

Any person who shall slaughter, sell or offer for sale for the purpose of food, any cattle having a big jaw or any other disease, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not exceeding Five Hundred Dollars or be imprisoned in the county jail not exceding one year, or by both such fine and imprisonment.

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 March 9th. 1901.

A SUBSTITUTE FOR SENATE BILL NO. 61.

A Bill for an act to prevent fires from railroad engines and to provide a penalty for a violation thereof.

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

Section 1. That every railroad corporation operating its lines of road or any part thereof within this State, shall, between the fifteenth day of April and the first day of July in the Year 1901 and each succeeding year thereafter, plough in a good and workmanlike manner, covering the sod well, upon each side of its line of road wherever it passes through a range or grazing country, a continuous strip of not less than six feet in width on each side of its track, as a fireguard, which said strip shall as near as practicable, run parallel with the line or lines of said roalroad, and in addition to such

ploughing, said railroad company shall cause to be burned, between the first day of May and the fifteenth day of August of each year. all the grass and vegetation between the said ploughed strips and the track of said roads; Provided that such fire guard so ploughed need not be constructed within the limits of any town, village or city, nor along the line of such railroad whenever the same runs through the mountains or elsewhere where such ploughing would be impracticable; and provided further, that said fireguard or portion thereof, need not be ploughed on or through any lands which may be released from the operation of this Act by the Secretary of the Board of Stock Commissioners by his written certificate of release filed in the office of the Secretary of the State of Montana; provided further, that said ploughing be not less than one hundred (100) feet from the center of the railroad track on each side of same, where the right of way embraces such area as to permit of same.

Section 2. That if any railroad company fails to comply with the provisions of Section 1 of this Act, the Secretary of the Board of Stock Commissioners may cause the ploughing and burning therein provided for, to be done, and may in a suit to be brought in his name, as said Secretary, in any Court of the State, recover double the amount of the cost of such ploughing and burning with reasonable attorney fees to be fixed by the Court, and such railroad company shall be liable further for all damages caused by its failure to comply with this Act.

Approved March 18th. 1901.

SENATE BILL NO. 4.

An Act prohibiting Railroad Corporations or an Association from making tunnel charges or additional charges for or on account of tunnels,

Be it enacted by the Legislative Assembly of the State of Montana: Section 1. It shall be unlawful for any person, association or corporation operating, leasing or owning a railroad in the State of Montana, to accept, demand or receive any tunnel charges, or to accept, demand or receive any extra mileage, or any extra compensation for or on account of any Tunnel through which said line of Railroad

may run. Provided that none of the provisions of this Act shall apply to rates or charges for travel to or from points outside of the State of Montana.

Section 2. Any person, association or corporation, agent or manager, who shall violate any provision of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than $200 nor more than $1000 for each offense.

Section 3. This Act shall take effect and be in force on and after its passage and approval.

Approved Feby 26th. 1901.

SENATE BILL NO. 56.

An act to prevent all Persons Owning or operating a Coal Mine on the Bank of a Stream Containing Fish or Water which is used for Domestic Purposes, or for irrigation from Depositing Coal Slack or Coal Screenings from such mine in such Stream, and for Fixing the Penalty for Failure to Comply with the Law.

Be It Enacted By The Legislative Assembly Of The State Of Montana:

Section 1.

All persons owning or having in operation, and all persons who may hereafter own or put in operation in the State of Montana, either in person or by agent, any coal mine on any stream containing fish or water which is used for domestic purposes, or for irrigation, are hereby prohibited from dumping, or causing to be dumped or deposited, any coal slack or screenings emanating from such coal mining operation into the waters of such stream. Provided that this act shall not be construed to prohibit persons, companies or corporations from dumping into or returning to said stream the water and refuse from coal washing or cleaning machinery or plants that may be situated on or continguous to any such stream.

All persons owning or operating, or who may hereafter own or operate any coal mine on any stream containing fish or water which is used for domestic purposes, or for irrigation, who shall drop, dump, cart or deposit. or cause or suffer to be deposited in such stream any such coal slack or coal screenings emanating from such coal-mining operation, shall be deemed guilty of a misdemeanor, and,