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Additional bonds may be voted.

ing Five Hundred Thousand Dollars in any one school district, and bearing a certain rate of interest not exceeding six per centum per annum and payable and redeemable at a certain time, for the purpose of building and furnishing one or more school houses in said district, and purchasing land necessary for the same. Should the trustees of any school district in, which bonds have been heretofore issued to any amount, desire to submit to the electors of the districts the question as to whether additional bonds shall be issued they may do so, but no such bonds shall be issued unless a majority of all the votes cast at any such election shall be cast in favor of such issue of additional bonds; and in no case shall the whole issue of bonds exceed in amount three per centum of the taxable property within such school district. This Act shall not apply to an Act entitled "An Act to authorize the School Trustees Not to apply of the School District Number One, of Deer Lodge proved Febru- County, to issue additional bonds for certain purposes,' approved February 13th, 1885.

to act ap

ary 13, 1885.

When act

takes effect.

Section 2.

This Act shall be in full force and effect from and after its passage and approval by the Governor. Approved Feb'y 21, 1905.

Section 950 of Civil Code amended.

CHAPTER 29.

An Act to Amend Sections 950 and 953, Title VIII,
Chapter III, Part IV, Division I, of the Civil Code
of the State of Montana, Relating to the Liability of
Railway Companies for the Killing or Injuring of
Livestock.

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

Section 1. That Section 950, Title VIII, Chapter III,
Part IV, Division I, of the Civil Code of the State of
Montana be, and the same is hereby amended to read
as follows:

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poration to

maintain

fence and cattle guards.

Section 950. Railroad Corporations must make and Railroad cormaintain a good and legal fence on either or both sides of their track and property, and maintain at all crossings cattle-guards over which cattle or other domestic animåls cannot pass. In case they do not make and maintain such fence and guards, if their engines or cars shall kill or maim any cattle or other domestic animals upon their line of road, they must pay to the owner of such cattle or other domestic animals, in all cases, a fair market price for the same, unless it occurred through the neglect or fault of the owner of the animal so killed or maimed.

Must pay

market price

for animals

killed or

maimed.

Section 953 of

Civil Code

Section 2. That Section 953, Title VIII, Chapter II,
Part IV, Division I, of the Civil Code of the State of amended.
Montana be, and the same is hereby amended to read
as follows:

nate station

in each coun

ty where rec

ord of animals maimed shall

killed or

be kept.

What record to contain.

Section 953. It shall be the duty of any corporation, Must desigassociation, company, person or persons owning, controlling or operating any railroad, or branch thereof, in this state, to designate some station on the line of the same, in each county through which it passes, at which it shall keep a suitable book, and within thirty days after the killing or injuring of any animal or animals, to cause to be entered therein the date when, and the place where the same were killed or injured, as near as may be, together with a description thereof, including the age, color and sex of the same, and marks and brands upon the same as near as the same can be done, which said book shall be kept for the inspection of any person or persons claiming to be interested in the inspection thereof, and shall cause a notice of the station so designated to be filed with the county clerk of the county in which said station is situated; Provided, that when such railroad or branch thereof shall run to or through any town or station at which is located the county seat of any county, then such book shall be kept at such town or station at which said county seat is located, and the affidavit provided for by Section 955 of this Code as amended by an Act en

Repealing clause.

When act

takes effect.

titled "An Act to amend Section 955 of Chapter III, Title VIII, Part IV, Division I, of the Civil Code of Montana relating to livestock killed or injured and to add to said Chapter a Section to be known as Section 955," approved March 6th, 1903, may be served on the agent of such station.

Section 3. All Acts and parts of Acts in conflict with this Act are hereby repealed.

Section 4. This Act shall take effect and be in force from and after its passage and approval by the Gov

ernor.

Approved Feb'y 21, 1905.

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CHAPTER 30.

An Act to Provide for the Extension of the Boundaries
of any Incorporated City or Town so as to Embrace
and Include Contiguous Platted Tracts or Parcels of
Land, and Repealing Section 4726 of the Political
Code of Montana.

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

Section 1.

That any Tracts or Parcels of Land, which have been, or may hereafter be, platted into lots or blocks, streets and alleys, and the map or plat thereof filed in the office of the County Clerk and Recorder of the County in which the same is situated, and shall be contiguous to any Incorporated City or Town, may be embraced within the corporate limits thereof, and the boundaries of such city or town extended so as to include the same in the following manner: When in the judgment of any city or town council, expressed by resolution duly and regularly passed and adopted, it will be to the best interest of such city or town, and the inhabitants thereof, and of the inhabitants of any contiguous platted tracts or parcels of land, as aforesaid, that the boundaries of such city or town shall be extended, so as to include the same within the cor

[graphic]

porate limits thereof, the city or town clerk of such city or town shall forthwith cause to be published in the newspaper, published nearest such platted tracts or parcels of land, at least once a week for two successive weeks, a notice which shall be to the effect that such resolution has been duly and regularly passed, and that for a period of twenty days after the first publication of such notice, such city or town clerk will receive expressions of approval or disapproval, in writing, of the proposed extension of the boundaries of such city or town, from resident freeholders of the territory proposed to be embraced therein.

The clerk shall, at the next regular meeting of the city or town council, after the expiration of said twenty days, lay before the same, all communications in writing by him so received for its consideration, and if, after considering the same, such council shall duly and regularly pass and adopt a resolution to that effect, the boundaries of such city or town shall be extended so as to embrace and include such platted tracts or parcels of land, the time when the same shall go into effect to be fixed by such resolution; provided, that such resolution shall not be adopted by such council if disapproved by a majority of the resident freeholders of the territory proposed to be embraced.

Section 2.

Section 4726 of the Political Code of Montana and all Acts and parts of Acts in conflict herewith are hereby repealed.

Section 3.

This Act shall be in full force and effect from and after its passage and approval by the Governor. Approved Feb'y 21, 1905.

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[graphic]

Section 4726 of repealed.

Political Code

When act takes effect.

CHAPTER 31.

An Act to Provide that the National Flag be unfurled, displayed and kept floating upon the State Capitol Building, and to Authorize and Direct the Secretary

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National flag on capitol building.

Secretary of State to have erected flagstaff.

Expenses paid

out of money

appropriated

for mainte

1

of State to have erected a suitable Flagstaff and Provide Suitable Flags therefor, and to Provide for the Payment of the necessary Expenses incident thereto. Be it Enacted by the Legislative Assembly of the State of Montana:

Section 1.

That the National Flag shall be kept unfurled, displayed and floating upon the State Capitol Building from 8 o'clock A. M. to 4 o'clock P. M. of each and every day of the year, excepting Sunday; provided, that the Flag shall not be so unfurled or displayed or allowed to remain floating when by reason of violent wind or other inclemency of the weather there is danger of destruction of, or material injury to, such Flag. Section 2.

That for the purpose of carrying out the Provisions of this Act the Secretary of State is hereby authorized and directed to have erected on the State Capitol building a suitable Flagstaff of proper dimensions and to provide the necessary flag or flags of proper dimensions and suitable material, and to cause the said Flag to be unfurled, displayed and kept floating as above provided.

Section 3.

That the necessary expenses incident to the carrying out of this Act shall be paid out of such moneys as shall

nance of capi- be appropriated for the maintenance of the Capitol

tol building

and grounds.

Repealing clause.

When act

takes effect.

Building and grounds.

Section 4.

All Acts and parts of Acts in conflict with the Provisions of this Act are hereby repealed.

Section 5.

This Act shall be in full force and effect from and

after its passage and approval by the Governor.

Approved Feb'y 21, 1905.

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