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its meetings, and in case of the absence of the mayor from the city shall discharge all of the duties of mayor during his absence.

Sec. 3. That there be added to article 6 of the act to which this is amendatory the following section, to be numbered section 9, to-wit:

Sec. 9. The mayor may grant pardons, and remit fines and forfeitures for offenses against city ordinances, when, in his judgment, public justice would be thereby subserved, but he shall report all such cases, with the reasons for the exercise of his clemency, to the city council at its first meeting after he shall so have extended clemency in any case.

Sec. 4. All acts and parts of acts in conflict with this act be and the same are hereby repealed.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved January 30, 1885.

AN ACT to amend an act entitled "An act to incorporate the city of Helena," approved

February 22, 1881.

Be it enacted by the Legislative Assembly of the Territory of

Montana :

SEC. I.

That sections 1, 7, 9, 20, and 21, of article V, of “An act to incorporate the city of Helena," approved February 22, 1881, be amended so as to read as follows:

SEC. 1. The city council shall have power and authority to levy and collect ad valorem taxes, for city purposes, upon all taxable property, real, personal, and mixed, except as herein excepted, within the city limits, not exceeding three mills per annum upon the assessed value thereof for general purposes, and not exceeding three mills per annum upon the assessed value thereof for fire department purposes, in addition to the tax authorized to be levied for street purposes, under the provisions of the act of the legislative assembly of Montana, entitled "An act to provide for the levy of street taxes in incorporated towns and cities," approved March 7, 1883, and may enforce the payment of such taxes in any manner that may be prescribed by ordinance, not repugnant to the constitution of the United States or the organic act of this territory. All taxes collected for general purposes shall be paid into the general fund, and taxes collected for fire department purposes shall be paid into the fire department fund, and taxes collected for street purposes shall be paid into the street fund. Every warrant drawn upon the city treasurer shall designate the fund out of which the same is to be paid, and shall be paid only out of moneys belonging to the fund so designated. No moneys shall be transferred from one fund to another, except under the authority of an ordinance of said city council.

as may

Sec. 7. To make regulations to secure the general health of the inhabitants; to regulate the burial of the dead, the return of bills of mortality and birth statistics; to declare what are nuisances, and to prevent or abate the same; to require the owner or person conducting, occupying or having charge of any grocery, cellar, tallow chandler's shop, soap factory, dairy, tannery, stable, barn, privy, sewer, or other unwholesome, nauseous house, building, or place, to remove or abate the same, or to cleanse it,

be necessary

for the public health; to direct the location and management of slaughter houses, and to prevent the erection, use or occupation of the same; to prevent persons from bringing, depositing or leaving within the city limits, any putrid carcass, or other unwholesome substance; to require the owners or occupants of lands or buildings to remove dead animals, stagnant water, or other unwholesome substances from their premises, and to provide for the cleansing and removal of obstructions from any water course within the city limits, and to prevent the obstruction or retarding of the flow of water therein, or the putting of anything into the same which may prejudicial to the health of any of the inhabitants of the city.

be

SEC. 9. To lay out, open, change, widen, or extend streets, lanes, alleys, sewers, parks, squares, or other public grounds, and to grade, pave, improve, repair, or discontinue the same, or any part thereof; to establish and open drains, canals, or sewers, or alter, widen, or straighten water courses; to make, alter, widen, or otherwise keep in repair, vacate, or discontinue sidewalks and crosswalks; to prevent the incumbering of streets, sidewalks, crosswalks, and alleys with carriages, carts, wagons, sleighs, sleds, lumber, firewood, or other obstacles or materials; to prevent horse racing or immoderate riding or driving in the streets or public places of the city; to prevent the riding or driving of animals, or the drawing of vehicles of any kind on the sidewalks, or the doing of any damage to such sidewalks; to require the owners or occupants of lots or buildings to remove snow, dirt, rubbish or other obstruction or material from the sidewalks adjacent thereto; and, in default thereof, to authorize the removal thereof at the expense of such owners or occupants.

SEC. 20.

To regulate, limit, or prevent the storage of gunpowder, tar, pitch, rosin, coal oil, and other dangerous or combustible materials.

SEC. 21.

To regulate parapets, walls, and partition fences; to restrain the running at large of cattle, horses, mules, sheep, swine, poultry, and other animals, and to authorize the distraining, impounding, and sale thereof; to establish pounds, and regulate and protect the same; to require the owners or drivers of horses, oxen, or animals, attached to vehicles, under saddle, or otherwise, to fasten the same while in the streets, alleys, parks, or other public places of the city; to prohibit the hitching of horses, teams, or other animals to any fence or tree, and to prevent injury to the same; to regulate and control the running of engines and cars through the city, and the rate of speed of the same; to prevent the running at large of dogs, and to authorize the impounding or sale or destruction of the same in a summary manner when found running at large contrary to ordinance; to prohibit cruelty to animals, and to provide for the punishment of persons who shall be guilty of cruelty to animals.

SEC. 2.

The city council of said city of Helena shall have power to condemn and appropriate private property for opening, establishing, widening, or altering any public street, avenue, alley, lane, park, sewer, water-way, or for any other public use, and the resolution or ordinance of the city council ordering, directing, authorizing, or providing for the taking of private property for any such use shall be conclusive as to the necessity for such taking.

SEC. 3. The following shall be a classification of the estates and rights in lands subject to be taken for public uses by or on behalf of said city :

First. A fee simple, when taken for public buildings or grounds, or for permanent improvements or water-ways.

Second. An easement, when taken for any other use.

Sec. 4. All classes of private property may be taken for the public uses in this act mentioned.

SEC. 5.

In all cases where the city council by resolution or ordinance has authorized, or shall authorize, the taking of private property for public use, just compensation shall be paid to the owner or owners for the property so taken; and no final order authorizing the said city to enter upon said lands shall be made without providing that before the condemnation shall take effect the compensation adjudged to be paid to the owner or owners shall be paid to such owner or owners, or deposited in court, subject to his or their order; but at any time after service of notice of the application hereinbefore mentioned, the court or judge may authorize said city, if already in possession, to continue therein, and if not in possession, then to take possession of and use the property during the pendency, and until the final conclusion of such proceedings, and may stay all proceedings against said city on account thereof.

Sec. 6. If the owner or claimant of such lands or other property, and the mayor or other officer authorized by the city council, cannot agree as to the damages or compensation to be paid for such property, the amount shall be determined by the appraisal of three disinterested commissioners, who may be appointed upon application of the mayor or other authorized officer to the district court in and for the county of Lewis and Clarke, or to the judge thereof, or, in the absence of such judge, then to the judge of the probate court in and for said county Said commissioners shall hear such legal testimony as may be offered by any party to the proceedings, and for that purpose shall be authorized to administer all necessary oaths, and thereupon must ascertain and assess—

First. The value of the property sought to be condemned, and all improvements thereon pertaining to the realty, and of each and every separate interest or estate therein. If it consists of different parcels the value of each parcel, and each estate or interest therein, shall be separately assessed.

Second. If the property sought to be condemned constitutes only a part of a larger parcel the damages which will accrue to the portion (not] sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvement, or exercise of the use in the manner proposed by the city council.

Third. Separately, how much the property not sought to be condemned, and each estate or interest therein, will be benefited, if at all, by the construction of the improvement or exercise of the use proposed by the city council; and if the benefit shall be equal to the damages assessed under subdivision 2 of this section, the owner of the parcel shall be allowed no compensation except the value of the portion taken; but if the benefit shall be less than the damages so assessed, the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value.

Fourth. As far as practicable, the compensation or damages shall be assessed for each source of damage separately.

Sec. 7. For the purpose of assessing compensation or damages, the right thereto shall be deemed to have accrued at the date of the application, and its actual value at that date shall be the measure of compensation for all property actually taken or to be taken, and the basis of damages to property not actually taken, but injuriously affected. If an order be made letting said city into possession, the compensation and damages awarded shall draw legal interest from the date of such order. No improvement put upon the property subsequent to the date of the service of notice of the application for appointment of commissioners shall be included in the assessment of compensation or damages.

Sec. 8. Upon the return into the said district court of such appraisement, and upon the payment to the clerk thereof the amount so awarded by the commissioners for the use and benefit of the owner of the property taken, said city shall acquire full title to the same, for the purposes aforesaid, and the court or judge shall make such order as may be proper in the premises, a certified copy of which order shall be recorded in the office of the county recorder of said Lewis and Clarke county, and shall have the same force and effect as a conveyance.

SEC. 9. The city council shall in the ordinance or resolution condemning property provide the method of paying the compensation or damages, and also shall provide what part, if any, thereof shall be paid by the city.

SEC. 10. The city of Helena shall not be required to give any bond, undertaking, or other security for costs, or on attachment, injunction, or appeal, in any suit prosecuted or defended in its name.

SEC. II. All warrants now outstanding which have heretofore been drawn by the proper authorities of the city of Helena shall, after having been presented to the city treasurer of said city, and

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