interest of bonds. Congress, approved February 22nd, 1889, entitled An principal and Section 5. It shall be the duty of the State Treasurer to keep all moneys derived from the sale, leases or sale of timber from the State Normal School Lands, as hereinbefore mentioned, in a separate fund, to be known and designated as "The State Normal School Fund" and out of the moneys in such fund, he shall pay, after the approval of the State Board of Examiners. 1st. All sums due as principal or interest on the Bonds heretofore issued and referred to in Section 3 of this Act. 2nd. The cost and expenses of issuing and selling the 3rd. Separate fund created. Fund to be designated Payment of principal and interest. Payment of cost of issue. The interest on the Bonds herein authorized, when Payment of due; and interest. 4 Duty of State Examiners to cause war rants to be is Normal School 4th. When such bonds shall become due or payable, he shall call in and pay the same as rapidly as the money in such fund will admit, after providing for the interest on same. In the event that there shall not be sufficient money in the said fund to pay the interest when State Board of due, the State Board of Examiners shall, by an order entered on its minutes, cause warrants to be issued on sued on State the said fund for the amount of interest then due, and the warrants so issued shall bear interest at the rate of five (5) per cent. per. annum; said warrants shall be paid by the State Treasurer as soon as sufficient money accumulates in said fund applicable thereto to pay the same, and by reason of the delivery of said warrants to the holders of said Bonds in satisfaction of accrued interest there shall be no default thereof. State Treasurer to advertise sale. Land Commis sioners to open bids. Section 6. It shall be the duty of the State Treasurer to give notice by advertising for not less than two insertions, in one newspaper published in the City of Helena, Montana, and one newspaper published in the City of New York, that he will, on the first day of April, 1905, sell the Seventy-five thousand (75000) dollars of bonds hereby authorized, and will receive bids therefor, and said bonds shall on said day be sold to the highest bidder, or to the person offering to take the same at the lowest rate of interest, as may be directed by the State Board of Land Commissioners. If no bids are then received, or if none are accepted, said Bonds may thereafter be sold at private sale: Provided, that the State Board of State Board of Land Commissioners shall receive and open all bids and accept or reject the same, as it may deem for the best interests of the State; and provided further, that said bonds shall not be sold for less than par. How money expended. Section 7. The moneys derived from the sale of said Bonds shall be used to erect, furnish and equip an addition to the present State Normal School Building, at Dillon, Montana, and shall be paid out for such purpose by the State Treasurer upon vouchers approved by the Executive Board of said State Normal School, and allowed and ordered paid by the State Board of Examiners. Section 8. The erection and equipment of said building shall be under the control of the said Executive Board, but all plans, specifications and contracts shall be subject to approval by the State Board of Education before the same shall become valid and binding. Section 9. takes effect. This Act shall be in full force and effect from and When act after its passage and approval by the Governor. Approved Feb'y 2nd, 1905. CHAPTER 4. An Act to amend Section 2776 of the Code of Civil Be it Enacted by the Legislative Assembly of the State of Section 1. That Section 2776 of the Code of Civil Procedure of the State of Montana be amended so as to read as follows: Sec. 2776. Section 2776 of Code of Civil Procedure amended. When no compensation is provided by the will, or the executor renounces all claims thereto, he must be allowed commissions upon the amount of the estate accounted for by him, as follows: For the first thousand dollars, at the rate of seven per. cent: for all above that sum, not exceeding ten thousand dollars, at the rate of five per. cent: for all above ten thousand dollars, not exceeding twenty thousand dollars, at the Compensation rate of four per. cent: and for all above twenty thou of executors. Repealing clause. When act takes effect. sand dollars, at the rate of two per. cent. If there be more than one executor, only one commission must be allowed. The same commissions must be allowed to administrators. In all such cases further allowances may be made as the court or judge may deem just and reasonable for any extraordinary services. The total amount of such extra allowance must not exceed the total amount of commission allowed by this section. Section 2. All Acts and parts of acts in conflict herewith are hereby repealed. Section 3. This Act shall take effect and be in force from and after its passage and approval. Approved Feb'y 2nd, 1905. Section 1 of act approved February 22d, CHAPTER 5 An Act to amend Section 1, of an Act approved Feb- Be it Enacted by the Legislative Assembly of the State of Section 1. That Section 1 of an Act approved February 22nd, 1899, entitled "An Act to amend Sections 1899, amended. 720 and 722, Chapter VI, Title VI, Part II, of the Code of Civil Procedure of Montana, relating to Pleadings in Civil Actions" is hereby amended to read as follows: "Section 1. Section 720, Chapter VI, Title VI, Part II, of the Code of Civil Procedure is hereby amended so as to read as follows: What may be Section 720. Where the answer contains a Counter Claim, or any new matter, the plaintiff, if he does not pleaded in rep- demur, shall within twenty days after service and filing of the answer, reply to such Counter Claim or new matter, denying, generally or specifically, each allega lication. tion controverted by him, or of any knowledge or information thereof sufficient to form a belief, and he may allege, in ordinary or concise language, and without repetition, any new matter, not inconsistent with the complaint, constituting a defense to such Counter Claim or new matter in the Answer.' clause. Section 2. All Acts and parts of Acts in conflict Repealing herewith are hereby repealed. Section 3. This Act shall be in full force and effect from and after its passage and approval by the Gov- takes effect. ernor. Approved Feb'y 3, 1905. When act CHAPTER 6. An Act to Amend Sections 471 and 473 of the Penal Be it Enacted by the Legislative Assembly of the State of Section 1. That Section 471 of the Penal Code of the State of Section 471 of Montana be and the same is hereby amended so as to read as follows: Section 471. Every parent of any child under the age of twelve years, and every person to whom any such child has been confided for nurture or education, who deserts such child in any place whatever, with the intent wholly to abandon it, shall be punished by imprisonment in the state prison not exceeding seven years, or in a county jail not exceeding one year. Section 2. Penal Code Punishment for desertion intent to Section 473 of amended. That Section 473 of the Penal Code of the State of Penal Code Montana be and the same is hereby amended so as to read as follows: Section 473. Every person who has the legal care or custody of an infant, minor child or apprentice, and Cruel treat ment of child a misde |