SECTION 4.

Said board of park commissioners shall hold an annual meeting on the first Monday of May, and a meeting at least once in each month in each year at such times as the board shall by rule prescribe. Special meetings may also be held at the call of the president or in his absence the vice-president upon giving to each member of said board at least twenty-four hours notice in writing of the time and place of holding such meeting. A majority of the entire board shall be necessary to constitute a quorum for the transaction of the business. of said board.

No park commissioner shall receive compensation for his services rendered under the provisions of this act, but the actual and necessary expense incurred by any member of the board while acting under the orders of the board in the transaction of any business in its behalf may be paid upon being allowed and audited by the board.

No park commissioner shall be interested in any contract made by the board or by its authority or in the furnishing of any supplies for the use of the board..

Any park commissioner who shall refuse or neglect for the period of three consecutive months to attend the meetings of said board without leave of absence from said board or who shall fail for the period of twenty days from and after his appointment to qualify as in this act provided, shall be deemed to have vacated his office, and thereupon his successor may be appointed.

All contracts made by said board shall be in the name of the city and shall be signed by the city clerk and by the president, or in his absence by the vice-president, of said board.

SECTION 5.

The board of park commissioners shall in each year on or before the day when the city council shall be required by law to make the annual levy for taxes for city purposes, make an estimate of the amount of money necessary to be raised for park purposes for said year to carry out the purposes of this act, and shall certify the amount of such estimate to the city council which certificate shall be in writing. and shall be signed by the president, or in his absence by the vicepresident, of said board of park commissioners and by the city clerk. and shall be filed in the office of the city clerk, and there upon it shall be the duty of the city council to cause the sum stated in said certi

ficate to be included in the assessment of city taxes for said year and such sum shall be levied and collected in the same manner as other city taxes are levied and collected, and when collected shall be kept in the park fund to be paid out upon the warrants of the board of park commissioners and not other-wise.

SECTION 6.

Said board of park commissioners shall, at its first regular meeting in each month, audit and allow all just claims against the city, liability for which shall have been incurred by said board; but no claim shall be audited or paid until an itemized account of such claim in writing verified by the oath of the claimant or his or its authorized agent shall have been filed in the office of the clerk of said board; provided that no order or resolution providing for the payment or expenditure of money or creating an obligation in excess of the sum [of] Twenty-five dollars, or authorizing the making of any contract, shall be passed or adopted except by a yea and nay vote, which vote shall be recorded in full in the minutes by the clerk.

SECTION 7.

The governor of the state shall as soon after the passage of this act as may be and on or before the first day of May, 1901, nominate and appoint six residents of each of the cities of the first class having the qualifications' in this act provided who shall serve as park commissioners for said cities respectively, three of whom shall hold their offices for the period of one year from and after May 1, 1901, and until their successors are appointed and qualified and three for the period of two years from and after the first day of May, 1901, and until their successors are appointed and qualified, and annually thereafter on or before the first day of May shall appoint for each of said. cities three park commissioners having the qualifications as aforesaid whose term of office shall each be two years and until their successors are appointed and qualified.

Provided, however, that the first appointees of said Board of Park Commissioners shall not be appointed until a petition requesting such appointments, and signed by at least two hundred resident free-holders of the city for which such appointments are to be made, shall be presented to the Governor.

When a vacancy shall occur in the office of park commissioner, the governor upon being notified of such vacancy by a certificate signed

by the president and clerk of said board, shall nominate and appoint a successor for the unexpired term of the person whose office has become vacant.

SECTION 8.

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

Approved March 7th 1901

HOUSE BILL NO. 133.

An Act to Amend Sections 4 and 7 of an Act Relating to Public Improvements in Cities and Towns, Approved March 8th, 1897.

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

Section 1. That Section IV of an Act relating to public improvements in cities and towns, approved March 8, 1897, be, and the same is hereby amended to read as follows:

Section IV. The resolution must designate the boundaries of the district to be affected or benefited by said improvement. Upon adopting such resolution, the Council must give notice of such intention, which notice must be published for five days in a daily newspaper, or in some one issue of a weekly paper published in the city or town, or posted for five days in three public places in the city or town, or served upon the owners or agents of the property affected. Such notice must describe the improvements so proposed to be made, and state the estimated cost thereof, and designate the time for such hearing, and shall refer to the resolution entered upon the journal of the council for the description of the boundaries. If, at or before, the time so fixed, written objections to such improvements, signed by the owners or agents of two-thirds of the property to be affected or benefited by said improvements, be filed with the city clerk, the city or town council shall not make such improvements but if objections be not so filed by the owners or agents of two thirds of the property to be affected or benefited, then the council acquires jurisdiction to order the making of the improvements.

Section II. That Section VII of an Act relating to public improvements in cities and towns, approved March 8, 1897, be, and the same is hereby amended to read as follows:

Section VII. District sewers may be established within the limits

of districts to be prescribed by ordinance, and so as to connect with the public sewer or some course of drainage. The council may cause sewers to be constructed in any district whenever the owners of one third of the feet frontage of the real estate within that part of the district affected thereby, petition therefor, or whenever the council by the vote of a majority of its members decide it is necessary for sanitary purposes; provided, however, that before the council shall formally require the construction of the improvements mentioned in this section, notice shall be given and an opportunity for hearing afforded as provided in Section IV, but after notice, the council, notwithstanding any objection that may be offered, may require the improvement to be made unless the resolution relating thereto be rescinded by the vote of a majority of the members of the council.

Section III. All Acts and parts of Acts in conflict with this Act are hereby repealed.

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

Approved March 14th, 1901

10-282

HOUSE BILL NO. 104.

An Act Entitled, "An Act Creating a State Board of Health, Defining its Powers and Duties and Providing for the Compensation of its Officers, and Providing for the Enforcement of the Rules and Regulations of said Board."

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

Section 1. A Board is hereby established which shall be known under the name and style of the "State Board of Health of Montana;" it shall consist of seven members, as follows: four members, one of whom shall be an experienced civil engineer, and three of whom shall be experienced physicians, to be appointed by the Governor, with the advice and consent of the Senate, and a Secretary, as provided in Section 4 of this Article; these five, together with the Attorney General of the State, and the Governor of Montana, who shall be ex-officio members, shall constitute the Board of Health; the persons so appointed by the Governor shall hold office for four years; provided, that those first appointed shall be so classed by the Governor that the term of two shall expire on the last day of January in

every second year; thereafter, the Governor, with the advice and consent of the Senate, shall biennially appoint two members in the place of those two whose terms shall so expire, who shall hold office for four years, and all vacancies occurring otherwise shall be filled by the Governor, with the advice and consent of the Senate.

Section 2. The State Board of Health shall have the general care of the sanitary interests of the people of this State; they shall make sanitary investigations and inquiries respecting the causes of disease, and especially epidemics, the causes of mortality and the influence of locality, employments, habits, and other circumstances and conditions, upon the health of the people; they shall inquire into and investigate all nuisances affecting the public health in any county, city or village in the State and are authorized and empowered, by information or petition filed in the name of the Board, to apply to any judge of the District Court, or to the court in session, for the county in which said nuisance shall exist, at any time, for an injunction to restrain, prevent and abate such nuisance, no matter by whom or by what authority committed, and such judge or court has power, on proper showing, to enjoin, restrain and abate the same.

Section 3. The said Board shall meet quarterly in the City of Helena, and at such other times and places as they shall appoint, a majoritv to be a quorum for the transaction of business; they shall elect one of their number to be President of the Board, and adopt all needful rules and regulations subject to the provisions of this Act; they shall organize as soon as practicable in every city or village in the State, local boards and advisory committees, to serve without pay, to assist the Board in the proper performance of its duties, and to make a report quarterly to the Board of the sanitary conditions of their respective city, village or district. The Board shall have authority to send its secretary or committee of the Board to any part of the State, at any time when necessary, to investigate the cause of any special or unusual sickness or mortality.

Section 4. In the event of an epidemic or pestilential disease occurring in any county, city or village of the State, the Board shall forthwith cause all needful sanitary measures and precautions to be taken which the emergency may call for, and which may be consistent with law; and upon application of said Board, the State Auditor is hereby authorized to draw his warrant upon the Treasurer in favor of the Governor of the State for such amount as may be necessary, to be paid out of the General Fund of the State Treasury, to be applied