owners, and no agent upon the land upon whom notice can be served, such non-resident land owner must be considered as non-consenting land owners unless their written consent is obtained.

5. Such other facts bearing upon the subject, of importance, to be known by the board of county commnissioners.

6. They may also, in their discretion, or by an order of the board of commissioners, report upon the feasibility and cost of any other route than the one petitioned for which would subserve the same purposes, and also report as to the necessity of a greater or the practicability of a less width of road than petitioned for.

Section 62. The viewers, except the couuty surveyor, must be paid not to exceed three dollars each per day for their services out of the road fund of the district through which the road passes.

Section 63. The board of commissioners at the next meeting after the filing of the report, or at the time when the report is filed, if then in session, must fix a day for hearing the same; must notify the owners of land not consenting to give the right of way of the hearing by having written notice served on them by registered letter, postage paid, to their postoffice address, or to that of the occupant or agent of the owner; or if neither the owner, agent of the owner, or occupant can be so notified, by reason of non-residence or other cause, then by posting notices, one at a conspicuous place on the land, or left at the owner's, agent's or occupant's residence, and one at the court house, ten days prior to the day fixed for the hearing, and must on the day fixed for the hearing or to which it may be postponed or adjourned, hear the evidence and proofs from all parties interested for and against the proposed alteration of new road, ascertain and by order declare the amount of damage awarded to each non-consenting land owner and declare the report of the reviewers [viewers] to be approved or rejected.

Section 64. If the board approve the report, and there are no non-consenting land owners, the highway must, by order, be declared a public highway, and the road trustees ordered to open the same to the public, and if the board order it, to require the county surveyor to survey the same and plat it, and file his field notes with the clerk of the board, for which the surveyor may receive five dollars per day for the time actually employed.

The board of [county] commissioners, upon making each and every order establishing the location or alteration of any highway must order the amount of damages sustained by each and every person owning

or claiming lands or any improvements thereon and affected thereby, as finally fixed and assessed by them to be set apart in the treasury, out of the proper fund to be paid to the proper owner or claimant, if known, and to be kept for the owner or claimant, if unknown, and to be paid to him or her upon showing or establishing their right or title to such lands or improvements. Any moneys set apart as herein provided for, must be returned to the fund from which it was set apart, if not paid to or accepted by the proper owner or claimant. If the awards are all accepted the road must be declared a public highway, and be opened as before provided.

Section 65. The damages must be determined by ascertaining the benefits and damages accruing to any person by reason of altering. changing or laying out such road, and the sum estimated as benefits must be deducted from the sum estimated as damages, for the amount of damages awarded.

Section 66. If any award of damages is not accepted within ten days from the date of the award, it shall be deemed rejected by the land owners. The board must, by order, direct procedings to procure the right of way to be instituted by the county attorney of the county under and as provided in title VII., part III., of the code of civil procedure, against all non-accepting land owners, and when thereunder the right of way is procured, the road must be declared a public highway, and opened as hereinbefore provided.

Section 67. All awards by agreement, ascertained by the board or by the proper court, and all expenses of viewing, surveying, laying out or altering any road must be paid out of the road fund on the order of the board of commissioners.

Section 68. If a highway is opened or altered, the final report of the viewers, including the plat, field notes, and report of the surveyor, must be recorded in the office of the county clerk in a book kept for that purpose.

Section 69. If a highway is ordered to be altered or opened, the board of commissioners must cause notices thereof to be posted at three public places along the line of said highway, stating that said highway will be opened and worked. after sixty days from the date of posting said notices.

Section 70. No highway must be ordered opened through fields of growing crops, or along a line where crops would thereby be exposed to stock until the owner thereof has sufficient time to harvest and care for such crops.

Section 71. When any highway is to be altered, widened, changed, or laid out, the clerk of the board of County Commissioners must notify the trustees of the proper district and furnish him with a certified. copy of the order of the board of commissioners; provided, however, that when the cost of altering, widening, changing or laying out, or constructing any new road, exceeds two hundred dollars, the work must be let by contract.

But before any contract shall be let as provided herein, the road trustees of such district shall advertise for bids therefor at least once a week for two successive weeks in a newspaper of general circulation in the county, and the contract shall then be awarded to the lowest responsible bidder who shall, before entering upon the performance of the work, execute and deliver to the trustees an undertaking, with two or more sureties, to be approved by the trustees, in a sum not less than twice the amount for which the contract is awarded.

Section 72. In all cases where consent to use the right of way for a highway is voluntarily given, purchased or condemned, and paid for, either an instrument in writing, conveying the right of way and incidents thereto, signed and acknowledged by the party making it, or a certified copy of the judgment of the court condemning the same, must be made and filed and recorded in the office of the county clerk, in which the land so conveyed cr condemned must be particularly described.

Section 73. Whenever highways are laid out to cross railroads, canals, or ditches, or public lands, the owners or corporations using the same must, at their own expense, so prepare their roads, canals or ditches that the public highway may cross the same without damage or delay. And when the right of way for a public highway is obtained through the judgment of any court over any railroad, canal. or ditch no damages must be awarded for the simple right to cross the same.

Section 74. When the alteration of an old or the opening of a new road makes it necessary to remove fences on land given, purchased or condemned by order of the court for road or highway purposes, notice to remove the fences must be given by the road trustees to the owner, the occupant or agent, by registered mail, postage paid to his or her address; and if the same is not done within ten days thereafter, or commenced and prosecuted with due diligence, the road trustees may cause it to be removed at the expense of the owner and

recover of him the cost of such removal, and the fence material may be sold to satisfy the judgment.

Section 75. Highways must be laid out and opened when practicable upon subdivision or section lines; provided, however, that this section shall not be construed to prevent roads being laid out on diagonal lines when the public purposes shall be best subserved. thereby.

Section 76. Upon a petition for that purpose, by a majority of the freeholders or owners residing upon any highway, when it can be done without material damage, the board of commissioners may change such highway to subdivision or section lines, and lay out and open the same thereon.

Section 77. All acts and parts of acts in conflict herewith are hereby repealed.

Section 78. This act shall be in full force and effect from and after the fifteenth day of March, 1901.

Approved March 11th, 1901,

HOUSE BILL NO. 83.

An Act to provide for the erection, completion, furnishing and equipment of buildings for the University of Montana.

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

SECTION 1.

The State Board of Land Commissioners of the State of Montana, is hereby authorized to issue bonds to the amount of Seventy Thousand Dollars, the minimum denomination of which shall be fifty dollars and the maximum denomination thereof shall be one thousand dollars each. Said Bonds shall be known as the State University Bonds, No. 2, and which shall bear date of May 1st, 1901, and May 1st, 1905, as hereinafter provided. Said bonds shall become due in thirty years after the date each bears, and payable within twenty years after the said date. Said bonds shall bear interest not to exceed five per cent., and may bear such less rate as the said State Board of Land Commissioners may determine. Said interest shall be payable semi-annually, on the first day of January and the first day of July of each year. Said bonds shall run from the said State Board of Land Commissioners of the State of Montana, to bearer, and

shall be signed by the said State Board of Land Commissioners and countersigned by the Secretary of State, who shall attach his seal thereto.

SECTION 2.

Forty Thousand Dollars par value of said bonds provided for in the first section of this act, shall be issued and sold as soon as possible after the passage of this act, and Thirty Thousand Dollars of the remaining bonds above provided for shall be issued at a date not less than four years after the passage of this act, as may be designated by the State Board of Education.

SECTION 3.

All funds realized from the sale of licenses to cut trees on said lands, the leasing of said lands, or from the profits arising from the permanent fund to be created as provided by section 14 of an act of Congress approved February 22nd, 1889 entitled "An Act to provide for the division of Dakota into two States, and to enable the people of North Dakota, South Dakota, Montana and Washington to form constitutions and State Governments, and to be admitted into the Union on an equal footing with the original states, and to make donations of public lands to such States." (In Montana said lands being forty-six thousand and eighty acres granted to the Territory of Montana by the Act of February 18th, 1881, and vested in the State of Montana by the Act of February 22nd, 1889.) for the establishment and maintenance of a University, except such funds as may be necessary for the payment of the bonds to the amount of One Hundred Thousand Dollars, heretofore issued against such fund, and the interest thereon are hereby pledged as security for the payment of principal and interest of the bonds authorized by this act, and all moneys, all revenues from said lands, or any of them, whether on account of licenses to cut trees thereon, leases, or otherwise (except such moneys as may be necessary to the payment of principal and interest on the bonds heretofore issued, being the same above referred to), and the proportionate expense incurred in administering the said land grant as provided in Section V of an act of the Fifth Legislative Assembly, known as House Bill No. 116 are hereby set apart and shail constitute a fund for the payment, as hereinafter provided, of the principal and interest of the said bonds, which shall be a second lien on said University Bond Fund.