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Section 12. All Acts and parts of Acts in conflict with this Act,

are hereby repealed.

Approved February 26th, 1901.

HOUSE BILL NO. 68.

An Act entitled an Act to amend Sections Seven (7), Eight (8), Nine (9) and Nineteen (19) of an Act to create the Montana State Board of Horticulture to prescribe its powers and duties, and to appropriate money therefor.

Be it enacted by the Legislative Assembly of the State of Montana:— That section seven of an "Act to create the Montana State Board of Horticulture, to prescribe its powers and duties, and to appropriate money therefor," as enacted by the Sixth Legislative Assembly of the State of Montana, be amended [so as] to read as follows:

SECTION 7.

For the purpose of preventing the spread of contagious diseases among fruit and fruit trees, and for the prevention, treatment, cure and extirpation of fruit pests and diseases of fruits and fruit trees, and for the disinfection of grafts, scions or orchard debris, empty fruit boxes or packages, and other suspected material or transportable articles dangerous to orchards, fruits and fruit trees, said board may prescribe regulations for the inspection, disinfection or destruction thereof, which regulations shall be circulated in printed form, by the board, among the fruit growers and fruit dealers of the State, and shall be published at least ten days in two horticultural papers of general circulation in the State, and shall be posted in three conspicuous places in each county in the state, one of which shall be at the county court house thereof.

That Section eight (8) of said act be amended so as to read as follows:

SECTION 8.

The said board shall elect from their own number or appoint from without their number, to hold office at the pleasure of the board, one competent person in each district, to be known and act as "Inspector of Fruit Pests." Said inspectors shall be selected with reference to their Study and practical experience in horticulture.

It shall be the duty of said inspectors to visit the nurseries, orchards, stores, packing houses, warehouses and other places where horticultural products and fruits are kept or handled within their respective districts, and to see that the regulations of the State Board of Horticulture to prevent the spread of fruit pests and diseases of trees and plants, and the disinfection of fruits, trees, plants, grafts, scions, orchard debris and empty fruit-boxes and other material shall be fully carried out and complied with. Said inspectors shall have free access, at all times, to all the premises where any trees, plants, fruits or horti cultural products or supplies are kept or handled, and shall have full power to enforce the rules and regulations of the State Horticul tural Board, and to order the destruction or disinfection of any or all trees, plants, fruits or horticultural products or supplies found to be infected with any disease as prescribed or designated by said board. The said board may appoint one or more, as necessary, competent persons to be known as "Special Fruit Inspectors," whose general powers and duties shall be the same as those prescribed in this section to govern "Inspectors of Fruit Pests" and whose especial duty shall be the inspection of the fruits offered for sale in the State of Montana.

Such special fruit inspectors shall receive such sum per day as the said Board of Horticulture may agree upon, provided such sum shall in no case exceed the sum of five dollars per day, for the time actually employed, and further provided that such compensation shall not exceed the amounts charged and collected as fees for such inspection.

That Section Nine (9) of said act be amended so as to read as follows:

SECTION 9.

It shall be the duty of every person or persons, corporation or corporations, who shall sell or deliver to any person or persons, corporation or corporations, any trees, plants, vines, scions or grafts, to notify the inspector of said district wherein such trees, plants, vines etc., etc., are to be delivered, at least five days before said goods are to be delivered, giving the date and nursery or railroad station where said trees, plants, scions, etc., etc., are to be delivered, together with the name of the party or parties who are to receive the same. It shall be the duty of the inspector receiving said notice to inspect the said trees, plants, grafts, scions, etc., etc., as soon thereafter as practicable and at the point where the same are to be delivered, and if the same

be found free from any and all diseases or pests, as designated by said State Board of Horticulture, he shall so certify and shall attach such certificate to each lot or bill of such trees, grafts, plants, scions etc., which said certificate must contain a list of the said trees, grafts, scions, vines or plants so inspected. But if any of the trees, grafts, scions, vines, or plants so inspected shall be found to be diseased or infected with any of the pests, as prescribed by said board, then the inspector shall order the disinfection or destruction of such trees, grafts, scions, vines etc., etc., so diseased or infested together with all boxes, wrapping or packing pertaining thereto, provided, that the State Board of Horticulture shall have power to designate certain places as quarantine stations, where all nursery stock brought into the State shall be inspected and disinfected. The State Board of Horticulture shall charge and collect from each nursery inspected the sum of ten dollars; for each car of nursery stock inspected or disinfected the sum of ten dollars, and a proportionate sum for less than car lots, but in no instance less than two dollars for each separate inspection or disinfection.

For the inspection of fruits a fee of two cents per box or package with a maximum fee of five dollars for each separate lot or car shall be charged and collected. The inspectors shall collect such fees and shall not give certificates of inspection until the fees are paid.

That Section nineteen of said act be amended so as to read as follows:

There is hereby appropriated for the use of the State Board of Horticulture, as set forth in this act, out of the moneys in the State treasury, not otherwise appropriated, the sum of twenty five hundred dollars, or so much thereof as may be necessary for the year commencing March 1st, 1901, Three thousand dollars, or as much thereof as may be necessary for the year commencing March 1st, 1902, said appropriations of money to be payable out of the revenues of the State of Montana for the year 1902.

SECTION 20.

All acts and parts of acts in conflict herewith are hereby repealed. Approved March 14th, 1901.

HOUSE BILL NO. 78.

A Bill for An Act Entitled an Act Providing for Farmers Institutes and Making an Appropriation Therefor.

Be It Enacted By The Legislative Assembly of the State of Montana:

Section 1. The Board of Administration of the Farmers Institutes as provided for in this Act shall consist as follows: The Governor of the State and the Director of the Montana Experimental Station, both of whom shall be ex-officio members, and the presidents of the lion, The Montana Live Stock Association, the Montana Horticulfolowing named organizations: The Montana Wool-growers' Associatural Society, the Montana Agricultural Association, and the Montana Dairymans Association, when these last two shall have been duly organized. Members of such board of administration shall be designated the "Directors of the Montana Farmers Institutes" and shall be authorized to hold institutes for the instruction of the citizens of this State in the various branches of agriculture and shall prescribe such rules and regulations as they may deem best for organizing and conducting the same. Such institutes shall be held at least once in each county in each year and at such times and places as the directors may designate. The directors may employ an agent or agents to perform such work in organizing and conducting said institutes as they may deem best. The course of instruction at such institutes shall be so arranged as to present to those in attendance the results of the most recent investigations in theoretical and practical agriculture.

Section 2. For the purpose mentioned in this act, the directors may use such sum as they may deem proper, not exceeding the sum of Two Thousand Dollars in any one year; and such amount is hereby annually appropriated for that purpose out of the moneys in the State Treasury not otherwise appropriated. Each institute held under the authority of this act shall be entitled to the sum of not exceeding Fifty Dollars from the amount appropriated under this act.

Section 3. The Board of Administration shall hold office for the period of three years from the date of the passage of this act, and at the expiration of that time, those acting as the presidents of the associations mentioned and the Directors of the Montana Experimental Station, shall be entitled, ex-officio, to act as such directors of the Montana Farmers Institutes.

Section 4. That the expense of such institutes or any expenditure

made necessary in carrying out the provisions of this act shall be paid out of such institute funds by the State Treasurer upon warrants issued by the State Auditor, which warrants shall only be drawn upon the certificate of the chairman of the Board of Administration of the Montana Farmers Institutes.

Section 5. That immediately upon the passage and approval of this act, the Board of Administration shall meet in the city of Helena and arrange for the first series of institutes throughout the state, and thereafter such Board shall meet annually on the second Tuesday cf November to arrange for such institutes, and they shall again meet on the second Tuesday in March of each year, to audit all expenditures and arrange for the printing, in pamphlet form, within sixty days of said meeting, of the Institute Annual, and that the cost of said annua shall not exceed One Thousand Dollars in any one year.

Section 6. This Act to be in effect from and after its passage and approval by the Governor.

Approved March 14th, 1901

SENATE BILL NO. 52.

An Act to permit amended and additional declaratory statements of locators of mining claims to be filed, and to validate amended and additional declaratory statements of location of mining claims heretofore filed.

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

SECTION 1.

If at any time the locator of any mining claim heretofore or hereafter located, or his successors or assigns, shall apprehend that his original declaratory statement was defective or erroneous, or that the requirements of law had not been complied with, or shall be desirous of changing his boundaries, or taking in any part of an overlapping claim which has been abandoned, or in case his original declaratory statement was filed prior to the passage of this law and he shall be desirous of securing the benefit of this act, such locator, or his successors or assigns, may file an additional or amended declaratory statement subject to the provisions of this act; provided, that such relocation or filing of an amended or additional declaratory statement shall not interfere with the existing right of others at the time of

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