Section 4604 of Political Code Sheriffs. Vouchers for expenses. Mileage. CHAPTER 86. An Act to amend Section 4604 of the Political Code of Be it Enacted by the Legislative Assembly of the State of Section 1. That Section 4604 of the Political Code of the State of Montana, be, and the same is hereby amended so as to read as follows: Section 4604. Sheriff's delivering prisoners at the State Prison, or at the State Reform School, or Insane persons at the State Insane Asylum, shall receive actual expenses necessarily incurred in their transportation, which shall include the expenses of the Sheriff in going and returning from such institution. They shall take vouchers for every item of expenses incurred by them in such transportation, the amount of which expenses, as shown by the said vouchers when served by such Sheriff shall be audited and allowed by the State Board of Examiners or by the Board of County Commissioners, as the case may be, and paid out of the same money and in the same manner as are other expense claims against the State or Counties, and no other or further compensation shall be received by Sheriffs for such expenses. While in the discharge of his duties both civil and criminal, except as hereinbefore provided, the Sheriff shall receive Ten Cents per mile for each and every mile actually and necessarily traveled and for transporting any person by order of Court, except as hereinbefore provided, he shall receive Ten Cents additional per mile, the same to be in full for transporting and dieting of such person during such transportation. The County shall not be liable for nor shall the Board of County Commissioners pay, for any claim of the Sheriff or other officer, for team or horse hire, or any other expense incurred in travel or for subsistence in cases where mileage is allowed under this Section; the fees for mileage named in this Sec tion being in full for all such traveling expenses in both civil and criminal work. Section II. That all acts and parts of acts in conflict herewith are hereby repealed. Repealing clause. Section III. This Act shall be in full force and effect When act from and after its passage. Approved March 3, 1905. takes effect. CHAPTER 87. An Act to Regulate the rate per mile for transportation Be it Enacted by the Legislative Assembly of the State of Section 1. It shall be unlawful for any railroad or railway company operating wholly or in part in the State of Montana, or any of the officers or employees thereof, to charge or receive, from any person who is to be conveyed or transported on any of the lines of any such railroad or railway companies from any point within this State, to another point within this State, a sum exceeding three (3) cents per mile for the distance to be travelled by such person, nor shall any excess fare greater amount than ten cents be charged or collected from any passenger with promise of rebate or refund of such excess, and that for children between the ages of five (5) and twelve (12) years, not more than one-half of the rate named in Section 1 shall be charged, and that children under five (5) years of age, when accompanied by parent or guardian, shall be transported free of charge; provided, that no railroad or railway company, or the officers or employees thereof, shall be obliged to accept a single fare for a sum less than five (5) cents; provided, that any such railroad or railway company shall not be precluded from selling mileage books at a rate less than three cents per mile. All persons shall have equal right to purchase Railway cor porations to charge not to exceed 3 cents per mile. Half rate. Proviso. Exception. Penalty. Fines, how applied. Repealing clause. When act takes effect. such mileage books. That all charges for fares shall end in the figures 0 or 5 and such figure shall be the one nearest to the fare computed under the provisions of this Act. Section 2. The provisions of Section 1 of this Act shall not apply to independent lines of railroads or railways operating wholly within the State of Montana upon which a rate in excess of three (3) cents per mile is now charged, until such time as the State Legislature, or other State Officers, having power under the laws of Montana to name passenger rates, shall, in their judgment, deem the rate so charged to be excessive. Section 3. Any railroad or railway company, or any officer or employee thereof, who shall violate any of the provisions of this Act shall, upon conviction thereof, be fined in a sum not less than $50.00 nor more than $500.00. Section 4. In any and all cases wherein a conviction is secured for a violation of any provision of this Act, the party injured shall be entitled to receive one-half of all fines imposed and collected, and the remaining one-half of such fines imposed and collected shall be paid into the school fund of the city in which the action is prosecuted. Section 5. All Acts and parts of Acts in conflict with this Act are hereby repealed. Section 6. This Act shall take effect and be in force from and after April 1st, 1905. Approved March 4, 1905. CHAPTER 88. "An Act relating to the Number of Deputies allowed County Auditors in Counties of the First Class, and fixing the Compensation of same. Be it Enacted by the Legislative Assembly of the State of Section 1. In counties of the First Class, County Auditors may appoint not to exceed two deputies. The salary of such Deputies of deputies shall not exceed the sum of One Hundred Dol lars ($100.00) per month. Section 2. County clause. All Acts and parts of Acts in conflict with this Act Repealing are hereby repealed. Section 3. . This Act shall take effect and be in full force from and after its passage and approval by the Governor. Approved March 4th, 1905. When act takes effect. CHAPTER 89. An Act relating to number of assistants allowed the Be it Enacted by the Legislative Assembly of the State of Section 1. Clerk of District Court. In Counties of the First Class, the Clerk of the Dis- Deputies of trict Court thereof may appoint one Chief Deputy who shall be paid a salary of Eighteen Hundred and no-100 Dollars per annum, one deputy Clerk for each department of the District Court who shall be paid a salary of Fifteen Hundred and no-100 Dollars per annum and Six Deputies who shall be paid a salary of Twelve Hundred and no-100 Dollars per annum. Section 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. Section 3. Repealing clause. This Act shall take effect from and after its passage When act and approval by the Governor. takes effect. Approved March 4, 1905. CHAPTER 90. An Act to Promote Co-operation of the State with the Be it Enacted by the Legislative Assembly of the State of Section 1. The Governor of Montana is hereby authorized to appoint an Irrigation Code Commission to consist of seven members, and to be selected by him. The duty of said commission shall be to meet in Helena on or before February 15th, 1906, and at said meeting or adjournment thereof to prepare a Revised Irrigation Code adapted to the needs of Montana; then on or before May 1st, 1906, to have same published with such additional pertinent matter, in such quantity, and mailed to such persons as they deem best. Said Commission may employ a clerk during its meeting and to mail reports. Each Member of said Commission shall be entitled to his necessary travelling and subsistence expenses while engaged in this work, and shall render bill with vouchers to the Board of Examiners for such expenses. There is hereby Appropriated out of the funds of the State not otherwise appropriated, the sum of Five Hundred Dollars or as much thereof as may be necessary to pay the expenses of said Commission. Section 2. All Acts or parts of Acts in Conflict with this Act are hereby repealed. Section 3. This Act shall take effect from and after its passage and approval by the Governor. Approved March 4, 1905. |