Hearing. Powers of Special Commissioner. Bond. tice shall be printed in some newspaper published and of general circulation in the county in which the drain is situated for two weeks next prior to the day of hearing so fixed. Such publication shall be full and complete notice to any and all parties in interest. Section 14. On such day of hearing or to such other time or times as the court may adjourn, not exceeding thirty days in all, the court shall proceed to hear the allegations of the parties in interest and shall determine whether or not the county drain commissioners is disqualified to act in the premises. If the county drain commissioners shall be found not to be disqualified, the court shall order the proceedings before it dismissed and turn such petition over the county drain commissioner for his action thereon. If the county drain commissioner shall be found not to be disqualified, the court shall order the proceedings befor it dismissed and turn such petition over the county drain commissioner for his action thereon. If the county drain commissioner shall be found to be disqualified in the premise, the court shall thereupon appoint some disinterested resident of said county not a resident or freeholder of the districts proposed to be affected by the drain in question, to act as a special county drain commissioner of and over the drain in question. Section 15. For the purpose of carrying on and completing the proceedings on said drain, and the construction and work thereon, such special county drain commissioner shall have all of the powers of the county drain commissioner over said drain and its drainage or assessing district, and shall take all of the steps and proceedings the county drain commissioner should take by law in like circumstances where he is not interested. Section 16. Such special county drain commissioner shall qualify within ten days after notice of such appointment before the Clerk of the District Court giving a bond in the penal sum of two thousand dollars, with surety or sureties to be approved by such clerk, conditioned in the same manner as is required in the bond of the county drain commissioner. Section 17. Such special county drain commissioner shall receive the same compensation as shall be ailowed to the county drain commissioner, and his services shall be allowed in the same manner as is or shall be provided for allowing the services of the county drain commissioner, and shall be paid from the drain fund of the drain upon which he works. Compensation Section 18. Such special county drain commissioner Duties. shall make his assessment for benefits, and rolls upon such drain, and deliver the same to the county drain commissioner, by him to be delivered to the proper officers with his other rolls. Such special county drain commissioners shall likewise certify to the county commissioners orders to be drawn upon such drain fund, and the county commissioners shall draw the orders so certified; Provided, The county commissioners shall not be obliged to draw such orders if they shall ascertain that the work for which they are to be given is not done as certified. Section 19. On the completion of the proceedings and the construction of the drain in question, such special county drain commissioner shall deliver all of his papers and proceedings upon said drain to the county drain commissioner to be by him recorded as in other cases. Section 20. In the case of a drain affecting more than one county, and any county drain commissioner shall be disqualified to act thereon, a special county drain commissioner for that county shall be appointed in the manner herein provided, with the powers and duties herein provided. Section 21. The county drain commissioner shall furnish such special drain commissioner the necessary papers and stationery to be paid out of the general fund of the county. Section 22. When any drain constructed under this Proviso. Duty of Spe cial Commis sioner upon work. completion of Special Comwhen drain than one missioner traverses more county. County Drain Commissioner to furnish Special Com missioner papers, etc. for benefit to highway. County liable act, drains any public highway, the county, in which such highway is situated, shall be liable for the benefit to such highway, and shall pay therefor out of the road fund of the county. Such benefit shall be determined. in the same manner as are benefits to private lands. Approved March 7th, 1905. State Veteri narian to dem bility of producing mange among wolves and coyotes. CHAPTER 107. "An Act to provide for the extermination of wolves Be it Enacted by the Legislative Assembly of the State of Section 1. The State Veterinarian is hereby instructed and it onstate feasi- shall be his duty to at the earliest possible moment secure a sufficient number of wolves, wolf pups, coyotes and coyote pups to demonstrate fully the feasibility of producing among them the contagious disease known as Mange and that not less than six wolves and six coyotes shall be so obtained in each of the following counties of the State: Dawson, Custer, Valley, Fergus, Chouteau, Teton, Meagher and Rosebud. How infected animals distributed. Compensation for capturing wolves and coyotes for experimental purposes. Section 2. A suitable person shall be selected in each county who shall be a person that is an owner of and interested in live stock growing, such designated person shall have charge of and keep in captivity such wolves and coyotes, and shall when the same are fully infected with said disease or diseases, convey the same in six different directions from the place said animals are kept, not less than eight miles away in each direction. Section 3. For capturing, detaining in captivity and distributing such wolves and coyotes, said person shall receive not more than Fifteen ($15.00) Dollars per head to be paid out of the fund herein provided for. Section 4. Veterinarian. It shall be the State Veterinarian's duty to inoculate Duty of State such wolves and coyotes with said disease and to assure himself that all such wolves or coyotes are fully infected before being released; and it shall be his further duty to obtain reports from stockmen in the various counties in which said disease is produced and make a detailed report of results to the next Legislature. Section 5. There is hereby appropriated for this purpose the sum of Two Thousand, Five Hundred ($2,500.00) Dollars, which sum shall be used in payment for and the keeping and distribution of such wolves and coyotes and to defray any necessary expense of the State Veterinarian in carrying out the provisions of this Act. Section 6. This Act shall take effect and be in full force from and after its passage and approval by the Governor. Approved March 10, 1905. Appropriation provisions of to carry out this act. When act takes effect. CHAPTER 108. An Act to amend Section 4024 of the Political Code Be it Enacted by the Legislative Assembly of the State of Section 1. That Section 4024 of the Political Code of the State of Montana, be, and the same is hereby amended so as to read as follows: Section 4024. That in all cases of levy of taxes, licenses or other Section 4024 of amended. Taxes may be demands for public revenue, which is deemed unlawful paid under protest. Assessor to notify owner of property of change in sworn statement. by the party whose property is thus taxed, or from whom such tax or license is demanded or enforced, such party may pay under protest such tax or license or any part thereof deemed unlawful, to the officers designated and authorized by law to collect the same; and thereupon the party so paying, or his legal representative, may bring an action in any court of competent jurisdiction against the officer to whom said tax or license was paid or against the county or municipality on whose behalf the same was collected, to recover such tax or license or any portion thereof paid under protest. "The tax so paid under protest shall be held by the County Treasurer and no part thereof paid to the State Treasurer until the determination of any action brought for the recovery thereof.' Section 4024-A. Whenever any person has delivered to the Assessor a sworn statement of his property subject to taxation as now provided by law, and giving the estimated value of such property, and the Assessor shall increase such estimated value, or add other property to such assessment list, he shall at least ten days prior to the meeting of the County Board of Equalization, give to such person written notice of such change, which notice shall be substantially in the following form: A change has been made in your assessment list as follows: Such person may then appear before the County Board of Equalization, ascertain the nature of such change, and contest the same; and if the assessment of any such person has been added to, or changed, either by the Assessor or by the County Board of Equalization, and such person has not been notified thereof and given an opportunity to contest the same before |