Section 3698. That in all counties in the State of Montana which now have, or those which may hereafter acquire, a total assessment of eight million dollars or more, the Judge of the District Court or if there be two Judges in the District then the senior Judge of said District Court, shall on or before the second Monday of February of each year, designate three reputable citizens who shall be residents and tax-payers in the county for which they are appointed, who shall constitute a Board of Appraisers whose duty it shall be to fix valuation of real estate in the county for the purpose of assessment by the county assessor, which valuation so fixed by said Board of Appraisers shall constitute the value or "true value" of such real estate.

Said Board of Appraisers shall meet on the third Monday in February of each year, and continue in session until its duties as prescribed by this Section are completed, not exceeding twelve days, unless the Judge appointing such appraisers shall for good cause shown by an order in writing, extend the said time, but there shall be no extension beyond a reasonable time for said appraisers with due diligence to complete their labors. In all counties having an assessed valuation of less than eight million dollars, the valuation of real estate, and the improvements thereon shall be made by the county assessor in the same manner as the valuations of personal property are made.

Section 2. The Assessor, in making up his assessment list of said estate, is hereby prohibited from assessing any greater or less value upon any piece of real estate than that so fixed by said Board of Appraisers. If there be more than one county in the district over which the Judge presides, he shall designate three appraisers for each county in the District; provided, that no county official shall be appointed to serve upon the Board of Appraisers. It shall be the duty of the county assessor to attend the meeting of the Board of Appraisers and give such Board all the information in his possession concerning property to be assessed and its valuation.

This Act shall be in force and effect from and after its passage and approval.

Approved March 3, 1897.

HOUSE BILL NO. 67.

An Act to amend Section 4062 of Article 2, Chapter 13, Political Code of Montana, relating to licenses.

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

Section 1. That Section 4062, Article 2, Political Code of Montana relating to licenses be, and the same is hereby amended to read as follows: Section 4062: Licenses must be obtained for the purposes hereinafter named, for which the County Treasurer must require payment as follows:

1. Each Proprietor of a Billiard, pool or bagatelle table not kept exclusively for family use, for each table $3.75 per quarter, and for a bowling alley, ten dollars per quarter for each alley; but no license must be granted for a term less than three months.

2. The manager or lessee of every theater (not a variety or concert theater), Five Dollars per day for each day upon which a performance or performances are held, or in lieu thereof a monthly license of twenty-five dollars; for each variety or concert theater, whether an admittance fee is charged or not, Seventy-five Dollars per month; for each single exhibition of opera or concert singer (not exhibited in any theater where a monthly license is paid) three dollars; for minstrels, legerdemain or other shows not herein provided for, Five Dollars for each single performance (when not in a theater where a monthly license is taken out), for every circus or menagerie, including side shows, One Hundred and Twenty-five Dollars per day; but no license must be collected for any amateur exhibition or concert for school or charitable or religious purposes.

3. For each pawnbroker fifty-five dollars per quarter.

4.

For each keeper of an intelligence office Ten Dollars per quarter. 5. For each keeper of a shooting gallery for gain, Fifteen Dollars per

quarter.

This Act shall be in effect from and after its passage.

Approved March 4, 1897.

HOUSE BILL NO. 162.

An Act to amend Sections 4063, 4064, 4065, 4068 and 4083 of the Political Code of Montana, and to add to Article II, Chapter XII, Title X, Part III, of the Political Code, a Section to be numbered 4084 regarding licenses.

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

Section 1. That Section 4063 of the Political Code of the State of Montana be amended so as to read as follows:

CLASS A.

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Section 4063. Every person who sells spirituous, malt, vinous or fermented liquors or wines, in quantities less than one quart, must obtain a license from the county treasurer, as prescribed in this Chapter, and make therefor the following payments:

In all cities, towns, villages or camps which contain a population of ten thousand or over, and for a distance of one mile from the limits thereof three hundred dollars semi-annually.

In all cities, towns, villages or camps which contain a population of three thousand five hundred to ten thousand, two hundred and fifty dollars semi-annually.

In all cities, towns, villages or camps which contain a population of one thousand to thirty-five hundred, two hundred and forty dollars semiannually.

In all cities, towns, villages or camps which contain a population of three hundred to one thousand, two hundred dollars semi-annually.

In all cities, towns, villages or camps which contain a population under three hundred, or elsewhere not provided for in this section, one hundred and fifty dollars semi-annually.

In no case shall any license contemplated in this section be issued for a less period than six months.

CLASS B.

Every person who sells spirituous, malt, vinous, distilled or fermented liquors or wines in quantities not less than one quart must obtain a license from the county treasurer of the county in which the business is transacted and make payment as follows:

In cities and towns over 5,000 inhabitants, one hundred and fifty dollars, semi-annually and in cities and towns of 5,000 inhabitants or less, one hundred dollars semi-annually. In no case shall any license contemplated in this section, be issued for a less period than six months, and no license issued under the provisions made for Class B. of this section, shall entitle the holders thereof to sell any spirituous, malt, vinous, distilled or fermented liquors or wines in any quantity to be drunk upon the premises where sold; but every person who sells such liquors or wines in any quantity to be drunk upon the premises where sold, must obtain a license from the county treasurer as in Section 4063 herein before provided, and must make payment of the amount prescribed for class A. of this Section. All licenses provided in this Section shall be negotiable and transferable in the city or county where the same are issued.

Section 2. That Section 4065, of the Political Code, be amended so as to read as follows:

"Section 4065. No license shall be required of physicians, surgeons, apothecaries, or chemists for any wines or spirituous liquors that they may use or sell for medicinal purposes, but any apothecary or druggist who shall sell any wine or spirituous liquors without having first obtained a license as in this Act provided, shall be deemed guilty of a misdemeanor as is in the Penal Code provided, in the case of each sale made, unless each such sale shall be made upon a written prescription of a licensed physician, which prescription must be filed and numbered as other prescriptions.

And no further or other license is required of any butcher by reason of any wagon used in connection with his business.

Section 3. That Section 4068 of the Political Code be amended so as to read as follows:

Section 4068. Every brewer or manufacturer of malt liquors, who sells malt liquors in quantities of more than four gallons, and whose sales amount to Three Thousand Dollars per month, or more, must pay a license of Twenty five Dollars per month; whose sales amount to less than Three Thousand Dollars and more than One Thousand Dollars per month, must pay a license of Fifteen Dollars per month; whose sales amount to less than One Thousand Dollars per month, and more than Five Hundred Dollars per month, must pay a license of Seven and 50-100 Dollars per month; whose sales amount to less than Five Hundred Dollars per month must pay a license of Five Dollars per month.

Every manufacturer of Pop, Soda-water or other light drinks, put up in bottles, in all cities having a population of ten thousand people or over, shall pay a license of Sixty Dollars semi-annually in all cities or towns of more than five thousand and less than Ten Thousand in population, shall pay a license of Forty Dollars semi-annually and in all cities or towns with a population of less than Five Thousand shall pay a license of Twenty-five Dollars semi-annually.

Every wholesale dealer in malt liquors exclusively, where the same are sold in quantities of more than four gallons, shall pay a license of Seventy-five Dollars per annum.

Section 4. That Section 4079 of the Political Code of the State of Montana, be amended so as to read as follows:

"Section 4079. Every person engaged in laundry business, other than the steam laundry business shall pay a license of Ten Dollars per quarter provided that this Act shall not apply to the women engaged in the laundry business, where not more than two women are engaged or employed or kept at work, and said license shall be for one place of business only." Section 5. That Section 4083 of the Political Code of the State of Montana be amended so as to read as follows:

"Section 4083. Every manufacturer of malt, when not engaged in the manufacture of malt liquors in the State of Montana, must pay a license of One Hundred Dollars per annum.

Section 6. That there shall be added to Article II, Chapter XIII, Title X, Part III, a Section to be numbered 4084.

Section 4084. Every person who commences or carries on a business, trade or profession, or calling for the transaction or carrying on of which a license is required by the provisions of this Act; without taking out or procuring a license as herein prescribed, or who violates any of the provisions of this Act, shall be punished as provided in Section 780 of the Penal Code and in addition thereto shall be liable to a penalty of ten per cent. of the amount of said license, which said penalty must be added to the amount of said license and collected by the county treasurer at the time of the collection of the license, but the payment of said penalty shall in no event relieve any person from the prosecution provided for in Section 780 of the Penal Code.

Section 7. Section 4075 of the Political Code is hereby amended so as to read as follows:

"Section 4075. Every keeper of a restaurant, eating stand, lodginghouse, or hotel must pay a license as follows: