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such suit. When damages are claimed for the wrongful diversion of water in any such suit, the same may be assessed and apportioned by the jury in their verdicts, and judgment thereon may be entered for or against one or more of several plaintiffs, or for or against one or more of several defendants, and may determine the ultimate rights of the parties between themselves.

Sec. 12. In any action concerning joint water rights, or joint rights in water ditches, unless partition of the same is asked by parties to the action, the court shall hear and determine such controversy as if the same were several as well as joint.

SEC. 13. The recorder of each county must keep a well-bound book, in which he must record the notices and declarations provided for in this act, and he shall be ty recorder. entitled to have and receive the same fees as are now or hereafter may be allowed by law for recording instruments entitled to be recorded.

SEC. 14. The measurement of water appropriated under this act shall be conducted in the following manner: A box or flume shall be constructed with a headgate placed so as to leave an opening of six inches between the bottom of the box or flume and lower edge of measured. the head-gate, with a slide to enter at one side of and of sufficient width to close the opening left by the headgate, by means of which the dimensions of the opening are to be adjusted. The box or flume shall be placed level, and so arranged that the stream in passing through the aperture is not obstructed by back-water, or an eddy below the gate; but before entering the opening to be measured the stream shall be brought to an eddy, and shall stand three inches on the head-gate, and above the top of the opening. The number of square inches contained in the opening shall be the measure of inches of water.

Approved March 12, 1885.

Water, how

SPECIAL LAWS.

AN ACT to enable the board of county commissioners of Custer county to fund the county

indebtedness,

Be it enacted by the Legislative Assembly of the Territory of

Montana :

SEC. I. The board of county commissioners of Custer county are hereby authorized to issue the bonds of said county in an amount not exceeding two hundred and forty-five thousand dollars, said bonds to be used for the redemption of the outstanding orders, allowed accounts, and warrants of said county, and to pay off any judgments against said county.

SEC. 2.

The bonds issued under the provisions of this act shall be in denominations of one hundred dollars, five hundred dollars, and one thousand dollars, and no other denominations, and shall be payable to the owner at the fiscal agency of Custer county, in the city of New York, and shall run not less than six nor more than twenty years from the date thereof, and shall bear interest at a rate not exceeding seven per cent per annum, payable semi-annually, for which interest coupons shall be attached to said bonds, each coupon bearing the same number as the bond, payable to bearer, at the fiscal agency of Custer county, in the city of New York, on the first days of January and July of each year, and each of said bonds and coupons shall be signed by the chairman of the board of county commissioners of said county, and countersigned by the county clerk, and the bonds shall each have the seal of said county affixed thereto; and said bonds shall be registered by the county treasurer in a book to be kept by him for such purpose: Provided, that the bonds herein provided for may, at the option of the board of county commissioners, be made redeemable at any time after six years. The coupons for interest on said bonds shall, when due, be received at par by the county treasurer for all county taxes.

Sec. 3. The bonds may be exchanged by the board of county commissioners, at any regular session of said board, for orders, allowed accounts, or warrants, of said county, issued prior to the first day of June, 1885, with accrued interest thereon, dollar for dollar, and the orders, allowed accounts, or warrants, so received, shall be cancelled as provided by law in other cases; and in case the holder or holders of any such county warrants shall refuse to accept the bonds issued under the provisions of this act, then it shall be the duty of the board of county commissioners to sell for cash, for not less than par, a sufficient number of said bonds issued under the provisions of this act, to pay off and redeem the aforesaid indebtedness of said county; and the moneys derived from such sale shall be paid over to the county treasurer, to be by him disbursed in payment of the outstanding orders, allowed accounts, or warrants aforesaid, or any judgments obtained thereon, but for no other purpose. No commissions or draw-backs shall be allowed for negotiating said bonds.

SEC. 4. The board of county commissioners of said county shall levy annually, upon the taxable property of said county, in addition to the levies authorized for other purposes, a sum sufficient to pay the interest on all the bonds issued under the provisions of this act, and shall also levy a sufficient sum, in addition to all other levies, to provide a sinking fund for the redemption of the same at maturity: Provided, that no levy shall be made to provide a sinking fund for the redemption of any of said bonds until at least six years of the time for which said bonds are to run have expired.

SEC. 5. The county of Custer shall never increase its indebtedness beyond the sum of three hundred thousand dollars, until bonds issued under the provisions of this act are paid or liquidated; and any bonds that may be issued, or indebtedness created, greater than said sum of three hundred thousand dollars, shall be absolutely null and void.

SEC. 6. The board of county commissioners of Custer county are hereby authorized to appoint some bank in the city of New York a fiscal agency of said county, and to change the same at any time, and shall require from said fiscal agency a bond in double the amount of moneys of said county which said agency may have in its custody at any time. The bonds issued under the provisions of this act may be transferred by presentation for that purpose to [by] the county treasurer to the fiscal agency of said county in New York city; and said fiscal agency is required to keep a duplicate register of said bonds, to indorse and note transfers thereof, and to notify the county treasurer of each transfer of ownership.

SEC. 7. From and after the first day of June, A. D. 1885, it shall not be lawful for the county treasurer of Custer county to redeem any warrants drawn for indebtedness accruing prior to said first day of June, A. D. 1885, excepting with the funds he may then have on hand, or which may be by him received after that date, properly belonging to the revenue of the county previous to said date.

SEC. 8. The board of county commissioners of Custer county shall hereafter levy the taxes required by chapter LIII, as amended, of the fifth division of the revised statutes of Montana, and the taxes required by law to pay the bonded indebtedness of said county, and the interest thereon, and no other tax.

SEC. 9. The board of county commissioners of said county shall not, after the first day of June, A. D. 1885, issue any warrant or warrants, unless there be at the time sufficient money to

pay

the same, in the county treasury, to the credit of the fund upon which the same is drawn.

SEC. 10.

The county of Custer and its officers are hereby exempted from the provisions of any and all acts of this territory in conflict with this act.

SEC. II. its passage.

This act shall take effect and be in force from and after

Approved March 10, 1885.

AN ACT supplementary (to) an act entitled "An act to enable the board of county commis

sioners of Custer county to fund the county indebtedness," approved March 10, 1885.

Be it enacted by the Legislative Assembly of the Territory of

Montana :

SEC. 1. That in case the issue of bonds authorized by an act entitled "An act to enable the board of county commissioners of Custer county to fund the county indebtedness," approved March 10, 1885, shall not prove sufficient to redeem all legally issued warrants of said county outstanding on the first day of June, 1885, the board of county commissioners of Custer county are further empowered to issue bonds, as provided in the above-mentioned act, for the redemption of such excess of outstanding warrants, together with accrued interest thereon: Provided, that nothing in this act shall be construed to authorize the board of county commissioners of Custer county to exceed the amount of indebtedness allowed by the provisions of the above-mentioned act, together with the amount of the bonds authorized by the provisions of this act.

SEC. 2.

The board of county commissioners of Custer county are further empowered to levy a sufficient tax on the property of said county, at their regular session in June, 1885, in addition to what may have been already levied, to pay the interest on the bonds issued under the provisions of this act, and the act hereinbefore mentioned, due and payable on the first days of January and July, 1886.

Approved March 12, 1885.

AN ACT to authorize the county of Dawson to issue bonds for certain purposes.

Be it enacted by the Legislative Assembly of the Territory of

Montana :

SEC. I.

The county commissioners of Dawson county are hereby authorized and empowered, in their discretion, to issue the bonds of Dawson county, not to exceed the sum of fifty thousand dollars, under the provisions of an act entitled “An act to authorize county commissioners to issue bonds to redeem outstanding indebtedness, approved March 6, 1883.

SEC. 2. Such bonds, when so issued, may be exchanged by the county commissioners for the outstanding warrants of Dawson county: Provided, that such bonds shall not be exchanged for less than the like amount of warrants, dollar for dollar, and if so exchanged, the provisions of sections 3 and 4 of the above-recited act shall not apply to such bonds; otherwise, all of the provisions of such act shall be in full force and effect.

Approved March 12, 1885.

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