fund; or if not needed in said fund "A" of said district to fund "A" of any other district where the same may be needed or required to complete the reclamation of said lands in said district.

Section 3555. Said commission shall appropriate all waters necessary for the carrying into effect of this act, in the same manner as appropriations are required to be made in behalf of individuals, save and except that all appropriations shall be made in the name and on behalf of the State of Montana.

Section 3556. In case it shall be necessary for said commission in order to carry out the purpose of this act and to carry into effect any contract made by it for the reclamation of land, to condemn any right of way or land for any purpose connected with such reclamation, said commission shall have and it is hereby given the right to exercise the power of eminent domain in the manner provided by the statutes of this State relative to the exercise of eminent domain, generally; Provied, that whenever it becomes necessary for said commissioners to exercise the right of eminent domain, for the purpose of acquiring any property or easement in execution of this act, or whenever said commissioners shall deem it necessary to purchase any right of way, easement or property in connection with execution hereof, the amount of the award, if condemnation proceedings have been had, and the purchase price in case the property or rights have been acquired by purchase, shall be paid out of fund "A" of said district, in the same manner as herein provided for the payment of the other costs of reclamation in said district, provided, that it shall be the duty of the Secretary of the said Board of Commissioners to keep separate accounts with each district and to charge to each of said districts and the land reclaimed therein, as near as practicable, the expense properly incurred by it, through, or in connection therewith; Provided, that nothing in this act shall interfere with any prior or vested water rights.

Section 3557. The title to all lands thus reclaimed shall pass directly to the State of Montana by patent from the Government of the United States in accordance with the acts of Congress in such rules and regulations as may be prescribed by the Secretary of the Interior.

Section 3558. No land reclaimed under the provisions of this Act shall be sold to any except actual settlers and not exceeding one hundred and sixty acres for each settler. In case any lands thus reclaimed are in the actual occupancy of any person at the date of the filing of the

map with the Secretary of the Interior, as provided in said Act of Congress, such settler shall have the preference right of selection to an extent not exceeding one hundred and sixty acres, upon the same terms and conditions, however, as other selections are made.

Section 3559. In case said bonds and the interest thereon are not fully paid at maturity, the holder or holders thereof may enforce the lien hereby created against the land, plant and water system, by proceedings in equity in any court of competent jurisdiction of the same character as may then be in force in the State of Montana for the foreclosure of Mortgages.

Section 3559a. That when any bond or bonds with the unpaid coupons shall have been received in payment for land, it shall be the duty of the Secretary of said Commission to deliver them to the State Treasurer with full information as to the particular land the payment was made upon, whereupon, it shall be the duty of the Treasurer to mark the same, "Received for payment of (describing land) and cancelled this ....

day of.....

When any bond or coupon is paid in cash it

shall be endorsed "Paid in current funds."

Section 3559b. Out of the surplus arising from fund "B" after the payment of all bonds and coupons issued against such funds of any and all districts, shall first be paid to the state any and all moneys advanced by the State through appropriations under the terms of this act. The remainder thereof shall be transferred to a new fund which shall be used by the State under proper legislative provisions for the purpose of reclaiming other arid lands within the state.

Section 3559c. Said commission shall on or before the first day of December of each year, make a written or printed report to the Governor of all their acts during the preceding year.

Section 3559d. There is hereby appropriated out of the funds of the State, not otherwise appropriated, the sum of Three Thousand Dollars for the year 1897, out of which shall be paid all expenses that have heretofore been incurred by said commission for which warrants have not been issued; and the remainder to be used by said commission in carrying this Act into effect, and for the year 1898 the sum of Two Thousand Dollars for the use of said commission in carrying this Act into effect. The unexpended portion of any appropriation for any particular year to be used in paying warrants heretofore issued by said commission and now outstanding, amounting to the sum of Two Thousand, Two Hundred and Eighty nine Dollars.

Section 3559e. This act shall take effect and be in force on and after

its passage and approval.

Section 3559f. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

An Act to amend Sections 3560, 3561, and 3563, Article III, Title VIII, Part III, of the Political Code of the State of Montana, relating to State Lands.

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

Section 1. That Sections 3560, 3561 and 3563, of Article III, Title VIII, Part III, of the Political Code of the State of Montana, be, and the same are hereby amended so as to read as follows:

Section 2. That Section 3476 of Article 1, Part 3, Title VIII., of the Political Code be amended so as to read as follows:

Section 3476. All selections of land must be made in legal subdivisions, and when the selection has been made and approved by the board, the Governor must take the necessary steps to procure the approval of the Secretary of the Interior, and the issuance of patents for the same by the United States to the State of Montana; Provided, that not more than 200,000 acres shall be selected in any one county of the State, unless it shall satisfactorily appear to the State Board of Land Commissioners that no lands can be selected in those counties of the state wherein a less quantity than 200,000 acres have been selected.

Section 3560. The State Board of Land Commissioners shall have power to sell the timber on State Lands at so much per thousand feet, as in their judgment shall be for the best interest of the State. But no live timber less than eight inches in diameter, twenty feet from the ground, except lodge pole pine or bull pine shall be sold. And all timber sold or cut from state land shall be so cut and removed under the rules and regulations for the preservation of standing timber and the prevention of fires, as the Board shall prescribe; before any permit shall be granted, the timber shall be estimated and appraised by the said Land Agent upon the

request and subject to the approval of the said Board of Land Commissioners which estimate and appraisal shall show the amount and the value per thousand feet of all timber measuring not less than eight inches in diameter twenty feet from the ground, and of other timber below this standard, on each tract or lot, with a statement of the situation of the timber relative to risk from fire or damage of any kind, and its distance from the nearest lake, stream, or railroad.

Section 3561. No permit for such cutting shall be granted to any person by the said Board of Land Commissioners, except upon the sale of timber to the highest bidder, at public auction, held at its office at the State Capital, notice of which shall be published once each week for four successive weeks prior to the date of the same in two newspapers, one published in Helena, and the other in the county where the timber is situated; and the minimum price of all timber at such sale shall be the appraised value of the same as fixed by the State Land Agent, and approved by the State Board of Land Commissioners. Every person purchasing timber at such sale, before the execution of a permit for the same, shall execute a bond to the State of Montana for the payment of double the amount of the estimated value of the timber included in the permit with sufficient surety to be approved by the Board, conditioned upon the payment to the State Treasurer of the amount that may be found due, under the terms of such permit and according to the provisions of law.

Section 3563. The State Land Agent shall select and designate a log mark for each person granted a permit to cut logs upon state lands, which log mark, when so selected and designated shall be filed in the office of the State Board of Land Commissioners, and shall be distinctly different from any other mark selected and designated by the State Land Agent. And where such timber is sold at so much per thousand feet, the State Land Agent shall scale all logs so cut, and make a detailed report of the same, to the State Board of Land Commissioners on or before the first day of each year and every month, showing the name of the party cutting, the description of the land cut upon, then (the?) number of logs cut and the mark thereon, the total number of feet and the value thereof per thousand as shown by the record of his office, stating whether such cutting has been according to the terms of the permit, and if not properly cut, the consequent damage to the State; and such timber or logs shall not be sold, transferred, or manufactured into lumber until the amount due the state, according to the report of said Land Agent, shall have been paid

in full; and it shall be the duty of the State Land Agent to report to the State Board of Land Commissioners all trespass which has been, or which may hereafter be made upon the state timber lands, and all logs cut by such trespass shall be disposed of as hereinafter provided. Approved March 6, 1897.

SENATE BILL NO. 48.

An Act to amend Section 3591, Article 5, Title 8, Part 3 of the Political Code relating to the salary of the Register of the State Land Office.

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

Section 1. That Section 3591, Article 5, Title 8, Part 3, of the Politi cal Code of the State of Montana, be amended so at (as?) to read and shall be numbered as follows:

"Section 3591." For the services required under this act, the register shall receive an annual salary of Twenty-five hundred ($2,500) dollars, the salary of the register shall be paid out of the funds derived from the sale of State Lands and shall be apportioned among the several land grants to the State according to the amount of such lands selected under each of said grants and shall be determined by the State Board of Land Commissioners.

Section 2. All acts and parts of acts in conflict with this act are hereby repealed.

Section 3. This act to take effect and be in force on and after its passage and approval.

Approved March 4th, 1897.

HOUSE BILL NO. 87.

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An Act to amend Section 3698, Chapter III Title X Part III of the Political Code providing for the manner in which valuation and appraisals of real estate shall be made.

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

Section 1. That Section 3698 of Chapter III, of Title X, of Part III, of the Political Code be amended so as to read as follows: