GENERAL LAWS,

HOUSE BILL NO. 12.

An Act Entitled, "An Act to Authorize the Trustees of School Districts to Repay Moneys Borrowed and Used by such Trustees for Maintenance of Schools therein, and to Levy and Collect a Tax upon all the Taxable property in such Districts, or to issue and sell the Bonds of such Districts Therefor, as such Trustees shall deem Advisable."

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

Section 1. That whenever, before the passage of this Act, any enactment of the Legislative Assembly of this State authorizing the levy of a tax upon the taxable property in any school district for the maintenance of schools therein, has been found to be inoperative, and for that reason a tax levied in any such district was uncollectable, and the trustees of said district, for the purpose of maintaining the schools thereof, have been compelled to borrow and have borrowed and used, noneys in lieu of the moneys expected to accrue from the collection of such tax, the said trustees shall be empowered to raise money to repay, and to repay, such loans, with interest thereon, from the date thereof until paid, at the rate of six per cent, per annum, by levying a tax therefor upon all the taxable property in said district in the manner provided in the following sections:

Section 2. That if the trustee of any school district, under the circumstances mentioned in Section I, of this Act shall determine to repay the moneys borrowed and used for the purpose mentioned in said Section I, they shall ascertain the amount to be levied by finding the amount of the principal of such loans and interest at six per cent per annum from the date thereof to December 15th of the year in which such levy shall be made, that being the time when the tax will properly be collected, and shall, on or before the day when the county commissioners are required by law to make the annual tax levy, make and file with the County Clerk of the county in which such school

district shall be situated, their certificate, which: shall be signed by a majority of such trustees, setting forth therein the amount to be raised as aforesaid, and requesting the County Commissioners to levy the amount named in said certificate as a special tax upon all the taxable property in said school district. The valuation of the property in said district as the same appears upon the assessment roll of said county for the year for which the levy shall be made, shall be the basis for the assessment of such tax. It shall be the duty of the County Commissioners at the time the annual tax levy is made, to levy the sum named in said certificate as a special tax upon all of the taxable property in said district, and the duty of the County Clerk to spread said tax upon the said assessment roll against all of said property in the same manner as other taxes are spread upon said roll, and said tax being so assessed shall become a lien upon said property and be collected in the same manner as other taxes for school purposes are collected.

Section 3. That when the tax mentioned in the preceding sections, has been collected, or any part thereof, the County Treasurer shall place the same to the credit of said school district in a fund separate from all other funds of said district, and the moneys in such fund shall be forthwith paid out by the trustees to the persons and corporations to whom the same are payable, and until the debt for the payment of which such moneys were raised have been paid, no part of such funds shall be used for any other purpose. If from failure to collect the entire amount of such tax, or from any other cause, there shall not be moneys sufficient in said fund to pay the amount of principal and interest of the sums borrowed, the trustees shall pay the amount of such deficiency from the general fund to the credit of said district, and if, after paying all of the debts payable out of such special fund, a balance shall remain therein, such balance shall be transferred to the general fund of said district.

Section 4. If the trustees of any school district mentioned in this Act shall determine that it would not be for the best interest of said district to raise in any one year the moneys mentioned in Section I of this Act by levying and collecting a tax therefor as in the preceding sections provided, they shall nevertheless be authorized and empowered to raise such moneys by issuing and selling the bonds of said district in an amount sufficient to repay, and to repay, such moneys with interest thereon at six per cent. per annum. If the said trustees shall determine to issue the bonds of said district for the purpose aforesaid, they shall ascertain the amount of said bonds by finding

the amount of principal and interest of the loans to be repaid at six per cent. per annum from the date thereof until the time when said bonds will probably be sold as hereinafter provided. They shall then issue the bonds of such district to the amount so ascertained which bonds shall draw interest at a rate not to exceed six per cent. per annum, payable either annually or semi-annually as the trustees shall determine, and each of said bonds shall be for the sum of One Hundred Dollars or multiples thereof and shall run for such length of time as the said trustees shall determine, not exceeding a period of ten years. from the date thereof; said bonds shall be in such form as the board of trustees may direct, and shall bear the signature of the chairman of the board of trustees, and shall be signed by the clerk as clerk of said school district, and the coupons attached to said bonds shall be signed by said chairman and said clerk; provided that lithographic or engraved fac-similes of the signatures of the chairman and clerk may be affixed to coupons only when so recited in the bond, and each bond so issued shall be registered by the county treasurer in a book provided for that purpose which shall show the number and amount of each bond and the person to whom the same is issued or sold, and said bonds shall be sold and the proceeds thereof deposited with the county treasurer in the manner provided by the provisions of Section 1963 of the Political Code of this State, and paid out by the trustees to the persons and corporations to whom the loans for the payment of which such bonds were issued are payable.

Section 5. All of the powers conferred and duties enjoined upon. school trustees and county commissioners by Sections 1965, 1966. 1967, 1968 and 1969 of the Political Code of this State and any amendments thereof for raising money to pay the interest on, and to provide, and for the care and management of, a sinking fund for the redemption and payment of bonds issued by school districts under the provisions of existing laws are hereby conferred and enjoined upon school trustees and county commissioners respectively with respect to all bonds issued under the provisions of this act as fully and completely to all intents and purposes as though the above named sections were incorporated in and made a part of this Act.

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 February 19th. 1901.

DEC 10-5

SENATE BILL NO. 37.

An Act to amend Sections 2, 3, 4, 6, 8, 11, 12, 13, 14, 16, 17, 19, and to repeal sections 21 and 22 of Substitute for House Bill No. 69, an act to establish County Free High Schools and to provide for their maintenance, Approved March 3, 1899 and to re-number certain sections of said Act.

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

Section 1. That section 2 of substitute for House Bill No. 69, An Act to establish County Free High Schools and to provide for their maintenance approved March 3, 1899 be amended so as to read as follows:

Section 2. Whenever one hundred free holders in any county shall petition the Board of County Commissioners requesting that a County High School be established in their county at a place in said petition named the Board shall give twenty days notice by publication in the official paper of the county that the question will be submitted to the electors of said county at a designated time whether such County High School shall be established. Any number of places may be candidates for the location of said school through the presentation of petitions hereinbefore set forth but no elector shall append his name to more than one petition. Said petitions shall be so presented as to time that all places desiring to become candidates for the location of said High School shall be voted for at the same election. The notice shall distinctly specify the places which are candidates in the forthcoming election. The qualified electors shall vote by ballot for or against the establishment of a High School at the place or places named as candidates. The ballot shall indicate the sentiment of the voter in favor of or against the establishment of the High School at a place named whose candidacy has been regularly declared. The ballot may be in the following form: "For a County High School at "if the voter

favors the establishment of the County Free High School.

If the voter however opposes its establishment the ballot may be substantially in the following form: "Against establishing a County Free High School at

Section 2. That section 3 of said Act be amended [so as] to read as follows:

Section 3. The election shall be conducted in all respects the same as the election of school trustees except that the County Commissioners

shall call the election and that there shall be no registration of voters required or printed ballots furnished. The Boards of School Trustees in the several school districts in the county shall be notified by the County Commissioners of the holding of said election immediately after making publication of notice provided for in Section 2 of this Act. The Boards of School Trustees as in the case of elections for school trustees, shall appoint judges of election for the several school districts and voting precincts, who shall officiate at said election. After election the ballots on said question shall be canvassed in the same manner as in the case of school trustees except that the judges of election in the different districts and precincts shall forward the returns to the County Clerk and Recorder of the County to be canvassed and the result determined by the Board of County Commis sioners. The work of canvassing the returns shall be expeditiously done, and if for any reason delay should occur in forwarding the returns from the different precincts and districts in the county, or from any of them, the Board of County Commissioners must take steps to see that the delayed returns are promptly forwarded.

A plurality vote, when more than one candidate is voted for in favor of the establishment of such County High School, will be deemed sufficient. If only one place is voted for a majority vote favoring the proposition will be required. If the election results in favor of estab lishing such High School the County Commissioners by an order duly entered on their minutes shall so declare this fact and the Clerk of the Board shall immediately thereafter notify the County Superintendent of schools, who shall promptly proceed to appoint six persons residents and tax payers of the county, three of whom shall be residents of the township where the school is located, who shall with the County Superintendent constitute a Board of Trustees for said school. Each of said trustees appointed as aforesaid shall hold office until his or her successor is appointed and qualified and shall be required within ten days after appointment to qualify by taking the usual oath of office and by giving such bond as may be required by the County Superintendent of Schools for the faithful discharge of (his or her) duties.

Section 3. That section 4 of said Act be amended so as to read as follows:

Section 4. The term of office of said trustees shall be two years. Those first appointed under the provisions of this Act shall be divided into two classes of three each, the term of those in the first class shall