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same as other records of his office are preserved, and furnish to persons making inquiry about such files all necessary information concerning the same, for which said services he shall receive from the party filing the process or instrument aforesaid the sum of one dollar for each paper so filed.
SEC. 5. Any person or persons whose property has been taken, attached, levied upon, or seized by filing the
Property at process and notice aforesaid, or whose property has been tached, penalty affected by filing the instrument and notice aforesaid, who delivering shall, with a knowledge of such facts, sell or otherwise dispose of such property, or any part thereof, with the intent to defraud any person or persons of their just rights in the premises, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, be fined in a sum not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or by both such fine and imprisonment, but in no case shall such sale or transfer affect the rights of the parties secured by the provisions of this act by filing the papers aforesaid.
SEC. 6. When an officer into whose hands a writ of execution has come shall have served the same in accordance with section 1 of this act, and shall have made his return in accordance with the facts, at any time there-tachment may after, within the time limited as hereinbefore provided, to hold the preperty seized, taken, or levied upon such writ, another writ of execution may be issued, which shall be supplementary to the first writ, and in pursuance of which the officer or person charged with the service thereof may sell the property held by said first writ, as hereinbefore provided.
Sec. 7. This act shall take effect and be in force from and after its passage.
Approved March 12, 1885.
REAL ESTATE, ATTACHMENT OF.
of Montana : SEC. 1.
That the first and second subdivisions of section 184 of the first division of the revised statutes of Montana be amended to read as follows:
First. Real property shall be attached by filing with How attached the recorder of the county a copy of the writ, together
with a description of the property attached, and a notice that it is attached.
Second. Real property, or any interest therein, belonging to the defendant, and standing upon the records of the county in the name of any other person, shall be
attached by filing with the recorder of the county a copy Notice to be of the writ, together with a description of the property,
and a notice that such real property, and any interest of the defendant therein standing in the name of such other person, naming him, are attached.
Approved February 16, 1885.
ROADS AND HIGHWAYS.
AN ACT authorizing county commissioners to award contracts for keeping
roads in repair.
Be it enacted by the Legislative Assembly of the Territory
County com- Sec. I. The board of county commissioners of the mission ers
may, in their discretion, let to the lowtracts for beitep- est responsible bidder, in pursuance of this act, a contract in repair.
or contracts for repairing and keeping in good order the public roads in any road district now or which may hereafter be established.
Sec. 2. The county commissioners, at their regular tise for bids. quarterly meeting on the first Monday in March, in each
year, shall, in their discretion, advertise for bids for keeping in proper repair the public roads in any road district of the county, such advertisement to be published at least once a week, for four successive weeks, in some newspaper published within the county, or, if none is published therein, in a newspaper published nearest the county seat of the county. A copy of said advertisement shall also be posted on the door or bulletin board of the court house of the county, for at least four weeks before any contract is awarded. The advertisement shall state the name or number of the road district for which bids
are invited, and the time of receiving bids, which in no case shall be later than the next quarterly meeting of the board of county commissioners, on the first Monday of June following. The advertisement shall also state the length of time the contract shall run, as provided in section 5 of this act.
SEC. 3. All bids must be in writing, and subscribed
Bids, by the person or persons bidding; shall be sealed and made. addressed to the board of county commissioners, and indorsed "Bid for keeping in repair the public roads in (naming the road district).”
SEC. 4. At their regular meeting on the first Monday contracts in June in each year, the board of commissioners shall lowest bidder. open and examine all bids offered, and may either reject all bids or award a contract to the lowest bidder, in pursuance of the next section.
SEC. 5. If the commissioners decide to award a contract, the person or persons to whom it is awarded shall, before it is entered into, execute and deliver to the commissioners an undertaking, with two or more sureties, to be approved by the commissioners, in a sum not less than Contractor to one thousand dollars, conditioned that the contractors will keep the public roads and highways of the district (naming it) in good order and repair, and suitable for the passage of animals, or loaded wagons, or both, as the case may be, for one year from the first day of July Duration following until the same day in the succeeding year. Upon the execution and acceptance of said undertaking, the contract shall be awarded.
Sec. 6. The road supervisor of any road district in which contracts may be awarded, in pursuance of this act, shall inspect the public roads of his district, and visor to report the condition thereof to the county commission-spect roads in ers, on or before each regular quarterly meeting of the tractors and reboard. The road supervisor shall also, upon written complaint that any public road of his district is not in Duty of road proper repair, proceed, without delay, to examine the super vi sor same, and if found in bad condition, he shall immediately plaint is made. notify the contractor or contractors to repair the road; and unless the contractor or contractors shall proceed,
with reasonable diligence, to repair the road, the supervisor shall report the condition of the road, and the fact of the notification, and failure of the contractor or contractors to repair the same to one or more of the county commissioners; and the board of commissioners, at their first meeting after receiving said report, shall, or may, in
their discretion, authorize the road supervisor of the dispairs to be paid trict to repair the road, keeping an accurate account of by contractor the expense thereof, and shall report the same, duly ver
ified, to the commissioners, on or before their next quarterly meeting. The commissioners shall withhold or deduct the cost of such repairs from any sum due or to become due to the person or persons who have contracted to keep the roads in repair.
SEC. 7. Whenever the board of county commissioners
shall decide to establish any new road they may, in their Commission: discretion, award a contract for constructing it upon like
tor terms and conditions as are expressed in this act for
keeping roads in repair.
ers may contracts building new roads.
Sec. 8. Payments to road contractors shall be made Contractors, quarterly, by order drawn on the county treasurer, how paid. against the road fund, which shall be payable as are other
SEC. 9. All acts and parts of acts, in conflict with this act, are hereby repealed.
This act shall take effect and be in force from and after its passage.
Approved March 12, 1885.
AN ACT for the appointment of road supervisors, and defining their duties.
Be it enacted by the Legislative Assembly of the Territory
of Montana :
The board of county commissioners of the respective counties shall, at their regular meeting in
March, A. D. 1887, and at each regular meeting in the vi Road msupere month of March thereafter, appoint one or more road appointed by supervisors for their respective counties, who shall hold commissionoffice for one year, and until their successors are appointed and qualified, unless sooner removed, as herein- Term of office. after provided
SEC. 2. It shall be the duty of the road supervisors, Duties of road under the direction of the county commissioners, to keep supervisors. in proper repair all public roads of the district or districts for which he is appointed, to lay out and construct new roads, and perform such other duties as commonly pertain to road supervisors. Each shall receive the sum of three dollars per day while engaged in discharging his duties under the provisions of this act.
SEC. 3. Whenever the board of commissioners shall instruct or direct any road supervisor to repair any public road in his district, or construct any new road therein, May employ it shall be the duty of the road supervisor to proceed, laborers and without unnecessary delay, to repair or construct said road. For this purpose he shall be empowered to employ suitable laborers and teams, and stipulate as to the price to be paid therefor, which in no case shall exceed Compensation the sum of two dollars and fifty cents per day for each teams limited. man, and two dollars and fifty cents per day for each span of animals thus employed. He shall keep a correct account of all such labor, and give to the person performing it, or furnishing any animals, a certificate, stating the number of days' work performed, and the tificate for laprice agreed upon therefor, and the number of days bor, &c. any animals have been used, and the price to be paid therefor, not exceeding the limits above prescribed. To file stateThe supervisor shall also make out and file with the ment with county clerk, on or before each quarterly meeting of the commissioners, or monthly, if required by them, a detailed statement, showing
To issue cer
What certif. cate sb a ll
First. The names of all persons employed to work on the public roads, and the number of days each person show has worked, and the place or places where the work was done, and the price to be paid therefor.
Second. The number of teams used, and of whom employed, and the place or places where they worked, and the price of hire.