by giving the insured notice to that effect, and not otherwise. Section 14. may be filed with State Auditor. It shall be the duty of the President, Vice-President Statement and Secretary of every such company, on the 1st day of January, each year, or within a month thereafter, to prepare under their own oath and transmit to the state Auditor a statement of the condition of the company on the last day of the month preceding, in such form as the law may direct. If, upon examination, he is of the opinion that such company is doing business correctly, in accordance with the provisions of this Act, he shall thereupon furnish the company a certificate which shall be deemed authority to continue business the ensuing year. For such examination and certificate of approval, the company shall pay to the State Auditor, Ten (10.00) dollars; for agent's certificate of tificate. authority,, five ($5.00) dollars; and for filing annual statement, twenty-five ($25.00) dollars; all of which shall be paid into the State Treasury and applied to the general fund. Section 15. This Act shall take effect and be in force from and after its passage and approval. Approved March 2, 1905. Certificate. Fee for cer When act takes effect. CHAPTER 59. An Act to Amend Section 1020 of Chapter II, Title Be it Enacted by the Legislative Assembly of the State of Section 1. That Section 1020 of Chapter II, Title VIII, Part II, Section 1020 of of the Code of Civil Procedure be and the same is hereby amended to read as follows: Civil Code amended. Judgment. Judgment. Section 1020. Judgment may be had, if the defendant fail to Answer the complaint or to challenge the jurisdiction of the Court as follows: 1. In an action arising upon contract for the recovery of money or damages only, if no Answer, demurrer, motion or special appearance, coupled with a motion has been filed with the Clerk of the Court within the time specified in the summons, or such further time as may have been granted, or no motion to quash or set aside the service of summons, or to Challenge the Jurisdiction of the Court has been made and filed, the Clerk upon application of the plaintiff, must enter the default of the defendant, and immediately thereafter enter judgment for the amount specified in the complaint, including the costs, against the defendant or against one or more of several defendants, in the cases provided for in Section 641. 2. In other actions, if no answer demurrer, motion, or special appearance, coupled with a motion has been filed with the Clerk of the Court within the time specified in the summons or such further time as may have been granted, or within twenty days after a motion to quash or set aside the service of summons, or any motion challenging the jurisdiction of the court, has been denied, the clerk must enter the default of the defendant; and thereafter the plaintiff may apply for the relief demanded in the complaint. If the taking of an account or the proof of any fact is necessary to enable the court to give judgment, or to carry the judgment into effect, the court may take the account or hear the proof; or may in its discretion order a reference for that purpose. And where the action is for the recovery of damages, in whole or in part, the Court may order the damages to be assessed by a jury; or if to determine the amount of damages, the examination of a long account be involved, by a reference, as above provided. 3. In an action where the service of summons was by publication, the plaintiff, upon the expiration of the time for Answering, may, upon proof of the pub lication, and that no answer or motion to quash or set Judgment. aside the service of summons, or motion to challenge the Jurisdiction of the Court has been filed, apply for judgment; and the Court must thereupon require proof to be made of the demand mentioned in the complaint; and if the defendant be not a resident of the State, must require the plaintiff, or his agent, to be examined on oath, respecting any payments that may have been made to the plaintiff or to anyone for his use on account of such demand, and may render judgment for the amount for which he is entitled to recover. Section 2. All Acts and parts of Acts in conflict herewith are Repealing hereby repealed. Section 3. clause. takes effect. This Act shall be in full force and effect from and when act after its passage and approval by the Governor. Approved March 2, 1905. CHAPTER 60. An Act to amend Section 1903 of the Political Code of the State of Montana, as amended by Senate Bill No. 44, Session of 1897, relating to the attendance of Teachers at Institutes, and the duties of School Trustees in the matter of closing their schools during the session of the County Institute for teachers. Be it Enacted by the Legislative Assembly of the State of Montana: Section 1. Political Code That Section 1903 of the Political Code of the State Section 1903 of of Montana, be, and the same is hereby amended so as amended. to read as follows: institute. Section 1903. When the County Superintendent, Teachers' after conference with the State Superintendent, has appointed a time for holding the Teacher's Institute. in his county, it shall be his duty to give written notice of the time and place of holding such Institute to every Board of School Trustees within his county, and to all Duty of school trustees Teacher to at the teachers of the county, at least thirty days before the opening of such Institute. It shall be the duty of all Boards of School Trustees through their clerks, to notify each and all of the teachers within their districts of the time and place of holding the Institute and to direct each and all of their teachers to close their several schools for the purpose of attending the Institute. Each and every teacher engaged in teaching a term tend institute. of school in any district during the time of the Institute shall close his or her school during such time and shall attend the Institute and take active part in the same without loss of salary for the actual time spent in attending the Institute and for the actual time spent in going to and returning from the same. County Superintendent to keep record. Failure to at cause for revocation of certificate. The County Superintendent shall in all cases keep and preserve a record of the actual time spent by each teacher of his or her county at the Institute and shall furnish both to each teacher and to his Board of School Trustees a certificate of the time spent by said teachers at the Institute. Wilful failure on the part of any teacher to attend the Institute shall be considered sufficient cause for the revocation of such teacher's certificate by the County Superintendent; provided, however, that the County Superintendent tend institute may, in his discretion, excuse any teacher from attending the Institute who could not attend same without great and excessive inconvenience, cost, expense, and loss of time. Wilful failure on the part of the Board of School Trustees of any school district to close their schools, during the time of the holding of the Institute as herein required. shall be considered sufficient cause for withholding the public moneys to which such district would otherwise be entitled; provided, however, that, in the case of Boards of School Trustees as in the case of teachers the great distance of any school district from the place of holding the Institute, excessive loss of time, inconvenience, and cost, shall be considered good grounds on which the County Superinten dent, under authority and direction from the State Section 2. All high school teachers are hereby exempt from High school the requirements of this Act. Section 3. All Acts and parts of Acts in conflict herewith are hereby repealed. Section 4. teachers exempt. Repealing clause. takes effect. This Act shall be in full force and effect from and when act after its passage and approval by the Governor. Approved March 2, 1905. 51 CHAPTER 61. An Act for the submitting to the qualified electors of Be it Enacted by the Legislative Assembly of the State of Section 1. Constitutional There shall be submitted to the qualified electors of the State of Montana, at the next general election, the be submitted following amendment to Section I, Article V, of the Constitution of the State of Montana: to electors. Provisions of amended. That Section I, Article V, of the Constitution be, and the same is hereby amended so as to read as follows: Section 1. The Legislative Authority of the State shall be vested in a Legislative Assembly, consisting Section 1 as of a Senate and House of Representatives; but the people reserve to themselves power to propose laws, and to enact or reject the same at the polls, except as to laws relating to appropriations of money, and except as to laws for the submission of constitutional amendments, and except as to local or special laws, as enumer |