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Third. The number of days the supervisor himself has been employed in attending to the duties of his office.

Statement to be sworn to.

The above statement shall be sworn to by the supervisor, and filed with the county clerk, with the account for his services rendered.

missioners to examine counts of road

SEC. 4. The county commissioners, at the first quar

terly meeting, or at any special meeting, held after filing County com

the statement mentioned in the last section, shall exam

auch ine the same, and, if found correct, shall cause an order supervisors. to be drawn on the county treasurer, against the road

fund, for the amount due any road supervisor for his services. Upon the presentation of any certificate issued by

road supervisors, as provided in section 3 of this act, and count shall be a verification by the owners thereof as in other cases of

claims against the county, the commissioners shall cause to be issued to the owner or holder of such claim an order for the amount thereof, drawn on the county treasurer, against the road fund.

How the ac

paid.

SEC. 5. Any road supervisor who shall issue any false

or fraudulent certificate for labor or animals employed, Penalty for or who shall issue a certificate for any greater number of falsifying count by road days' labor than was actually performed, or for any greater supervisors. price than was actually agreed to be paid for such labor

or the use of such animals, or who shall collusively or fraudulently make any agreement or stipulation whereby he is to receive any part of the money which shall or may be paid upon any certificate, or who shall make any false statement as to the time which he has been engaged in attention to his duties as road supervisor, shall, upon conviction thereof, be fined in any sum not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty

days nor more than six months, or by both such fine and tions of this act. imprisonment, in the discretion of the court, and shall be

removed from the office of road supervisor. Any person knowingly receiving from any road supervisor any false or fraudulent certificate, such as that above named, or who shall stipulate or agree to pay to the road supervisor any part of the money received thereon, shall, upon conviction, be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than ten days nor more

Penalty or other viola

than thirty days, or by both such fine and imprisonment, in the discretion of the court, and shall forfeit the amount of money called for by such fraudulent certificate.

other supervis

Sec. 6. Upon the neglect or failure of any person When county appointed road supervisor to perform the duties required may appoint under this act, or upon the death, resignation, removal, otse or other disability, of any road supervisor, the county commissioners, at their next regular meeting after such disability occurs, shall appoint a road supervisor, who shall hold the office for the unexpired term of the person in whose stead he was appointed.

SEC. 7. The provisions of this act shall extend to and be applicable to the road supervisors now elected and in office.

Sec. 8. An act entitled “An act concerning road supervisors," approved February 21, 1881, an act entitled

Repealing "An act concerning the official terms of road supervis-clause. ors," approved February 22, 1881, and all other acts and parts of acts, in conflict with this act, are hereby repealed.

SEC. 9.

This act shall take effect and be in force from and after its passage.

Approved March 12, 1885.

ROAD TAXES.

AN ACT in relation to road taxes, and to repeal sections 1070 to 1076, inclusive,

and section 1078, of the fifth division of the revised statutes.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

Amount

of

SEC. 1. There shall hereafter be levied and collected, annually, on all taxable property in each county of the poll tax levy

annually. territory, not less than one nor more than two mills on the dollar, also a tax of three dollars on each able-bodied man between the ages of twenty-one and forty-five years, levied which shall be known as a road tax, and which shall be

On

whom Proviso.

expended, under the direction of the county commissioners, on the public roads of the several counties: Provided, that nothing herein shall be deemed or construed to conflict with or repeal an act entitled “An act to provide for the levy and collection of street taxes in incorporated towns and cities," approved March 7, 1883.

collecting.

SEC. 2.

If any person required to pay the poll tax Manner of mentioned in the preceding section has no property sub

ject to taxation, it shall be the duty of the county assessor to collect the poll tax at the time of making the assessment, and if it be not paid at the time, if the person owing the same is in the employ of any other person, company, or corporation, it shall be the duty of the assessor to deliver to the person, company, or corporation employing such person or persons a written notice, stating the amount of the tax owing by any employe or employes, and from the time of receiving said notice the person, company, or corporation employing such delinquent shall be liable to pay said tax, and the tax so paid may be deducted by such employer from the amount then due or to become due to such employe.

SEC. 3. Any person, company, or corporation, having Duties of em- in his or their employ any person liable to pay the tax of ployers. three dollars mentioned in section one, shall, at the

request of the assessor, give to him a complete list of all the persons so employed, and if any person, company, or the superintendent or managing agent of any corporation, shall neglect or refuse to furnish said list for five days after demand made to furnish it, the person, company, or corporation so neglecting or refusing shall be liable for the tax, and the assessor shall proceed to levy the same as in cases where persons neglect or refuse to list their property, as defined in section 1015 of the fifth division of the revised statutes.

SEC. 4. The assessor shall pay over to the county Duties of as- treasurer all moneys collected as a special tax, and take list of all persons who have failed to pay to the board of county commissioners with his annual report of taxes collected. The assessor shall also return a list of the persons, company, or corporations mentioned in section three, which have neglected or refused to return a list of the persons in their employ, and the amount for which each has been assessed, and the treasurer shall collect the amount thereof as in other cases of assessment and levy.

sessors.

Duties county treasurers.

a receipt therefor, and shall also deliver to the treasurer a list of the persons who have paid the same, or for of whom it has been paid, and also a list of all the persons

liable to pay said tax, but who are delinquent. The treasurer shall thereafter collect the tax from such as are delinquent, if in his power, and if not, he shall return a

SEC. 5. Sections 1071, 1072, 1073, 1074, 1075, 1076,

Repealing and 1078, of the fifth division of the revised statutes of clause. Montana, and all acts, and parts of acts, in conflict with this act, are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its passage.

Approved March 12, 1885.

SAW-MILLS-SAW-DUST.

AN ACT to amend section 1 of an act approved February 21, 1881, relating to

the protection of fish.

Be it enacted by the Legislative Assembly of the Territory

of Montana :

That section i of an act approved February 21, 1881, relating to the protection of fish, be amended to read as follows:

SEC. I. That all persons having in operation, and all persons

who

may hereafter construct and put in opera- Duties of sawtion, in the territory of Montana, either in person or by and operators. agent, any saw-mill on any stream containing fish, are hereby required to so care for any saw-dust that may eminate from any such saw-mill or saw-mills, as to prevent the same from mingling with the waters of any

such stream. And all persons owning [or] operating, or who Penalty for may hereafter own, construct, or operate any saw-mill on non-com pliany stream containing fish, who shall drop, dump, or cart, or cause to be deposited in such stream any such quantity of saw-dust, bark, or debris, shall be deemed

ance.

guilty of a misdemeanor, and, upon conviction thereof before any court of competent jurisdiction, shall be fined in any sum not exceeding fifty dollars for each and every offense.

Approved March 12, 1885.

SCHOOL DISTRICT BONDS.
AN ACT to amend an act entitled "An act to authorize school trustees to issue

bonds to build or provide school houses."
Be it enacted by the Legislative Assembly of the Territory

of Montana :

SEC. 1.

That section one of an act entitled “An act to authorize school trustees to issue bonds to build or provide school houses,” approved March 2, 1883, be, and the same is hereby amended as follows:

Amount

of

That said section shall not be so construed as to bonds to be is authorize any such board of school trustees to submit sued limited. such question of issuing bonds to the electors of any

school district more than one time; nor shall the entire levy for such purpose exceed two per cent. on the taxa

ble property of the district; and whenever the bonds of Question of any school district, for such purpose, shall have been issuing bonds issued to such an amount, such question shall not be

again submitted, nor shall any additional bonds be issued, until the entire outstanding bonds be paid.

to be submitted but once.

SEC. 2. This act shall not apply to an act entitled "An act to authorize the school trustees of school district No. 1, of Deer Lodge county, to issue additional bonds for certain purposes," approved February 13, 1885.

Approved March 12, 1885.

SCHOOL TEXT BOOKS.

AN ACT to amend an act entitled “An act to establish a series of text books for

the public schools," approved February 23, 1881.

Be it enacted by the Legislative Assembly of the Territory

of Montana:

That an act entitled “An act to establish a series of text books for the public schools," approved February 23, 1881, be amended to read as follows:

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