SEC. 45. It shall be his duty, as city treasurer, to receive and safely keep all money belonging to the city, and pay out the same under appropriations made by the city council, and he shall only pay out money upon warrants drawn by the council clerk, and countersigned by the mayor, said warrant designating out of what fund the same is to be paid. He shall keep a fair and accurate account of all receipts and expenditures of the city, showing where from, to whom, and for what purpose, and on what account such money was paid out; and he shall, at such time as may be prescribed by ordinance, make full reports of the receipts and expenditures of the city, showing from whom money was received, from what source, and to whom paid, and on what account, during the time since his last report, and of the state and condition of the treasury. His last report, which shall be made at the last meeting of the council during his term, shall show the whole amount of receipts and disbursements of money for the whole year. He shall perform such other duties as may be prescribed by ordinance. He shall execute covenant to the city of Missoula, with good and sufficient sureties, to be approved by the city council, conditioned for the faithful performance of all his duties as city treasurer.

SEC. 46. If he fails to execute covenant within twenty days after his appointment the office shall be declared vacant by order of the council, and a new appointment made.

SEC. 47. For every malfeasance in office, or any omission or willful neglect of duty, the treasurer may be removed from office by the council, and another appointed in his stead.

SEC. 48. The city council may at any time during his term of office require the treasurer to execute a new bond, or give such additional security on the old one, as they may think proper, and upon his failure to give such new bond, or additional security on the old one, the office may be declared vacant by the council, and be filled by another appointment; and he shall upon the expiration of his term of office, or upon his removal or resignation, deliver to his successor, or to such person as the council may direct, all the public moneys, books, papers, property, and effects belonging to the city of Missoula.

SEC. 49. The city attorney shall also be the city collector, who shall collect all taxes levied or to be levied upon the taxable property of the city of Missoula, and all licenses and special levies of taxes ordered or levied or imposed by said city council. He shall issue all licenses required by the city council, or by any ordinance

of said city, and collect the license fee or tax therefor. Any person who shall fail to pay his ad valorem taxes levied under this act, on or before the first day of January in each year, he shall be required to pay tén per cent upon the full amount of his said tax, as a penalty for such failure.

SEC. 50. That it shall be his duty, within twenty days after his appointment, to execute covenant to the said city, with good and sufficient securities, to be approved by the council, conditioned for the faithful performance of his duties as said collector; and he shall, as soon as any sums of money shall be collected, belonging to said city, charge himself, as treasurer, therewith, in a book to be kept for that purpose, and if he shall fail to do this he shall be liable on his bond as collector in the event of any loss to the city by reason thereof; and he shall, when required by the council, give such additional security on his old bond, or an entirely new bond, as may seem to [for] the safety and welfare of the city to require.

SEC. 51. At the time of the appointment of the city attorney, aforesaid, it shall be the duty of the said city council to appoint a marshal for said city, who shall hold his office one year, unless sooner removed by the council. No person shall be eligible to the office of marshal who is not, at the time of his appointment, twentyone years of age, and who has not been a resident of said city for six months previous to his appointment, and is a man of good moral character.

SEC. 52. It shall be the duty of the city marshal to attend all meetings of the council, and to attend all sessions of the city court; and he shall, within the limits of the city, or elsewhere in Hell Gate township, in all matters of a criminal or penal nature, arising under the ordinances of said city, possess the same powers as a sheriff or constable. He shall execute all processes issued and directed to him by the mayor of the city, the city judge, or the city court, and he shall be entitled to such compensation as may be prescribed by ordinance. He shall perform such other duties as may be hereafter provided by this act, and prescribed by the ordinances of said city.

SEC. 53. He shall also be the assessor for said city, and as such it shall be his duty to assess at a fair cash valuation all the property within the city limits subject to taxation under this charter against each owner thereof, owned by him at the time of such assessment. He shall make all assessments each year between the first day of August and the first day of October; and it shall be the duty of said assessor to assess all male citizens in said city able to labor,

between the ages of twenty-one and forty-five years, for street tax, and it shall be the duty of the tax collector to collect from each person so assessed a tax of two dollars and fifty cents for street purposes; but such persons so liable for street tax at the time of said assessment may signify to the assessor his willingness to work out said tax on the streets of the city, and if he shall so signify, he shall be placed at work on any street, alley, or other work of the city, under the supervision of the marshal, for one day; and if he fail to work, or pay said tax when demanded by the tax collector, in writing, through the postoffice, he shall, upon complaint filed by the marshal or collector in the city court, be fined in the sum of two dollars and fifty cents, and the costs, and stand committed till the fine and costs be paid.

SEC. 54. It shall be the duty of said assessor to make the assessment of the city in the same manner as the county assessor is required to do in making the assessment of the county. It shall be the duty of said assessor to make a complete book of assessment showing the names of all persons assessed, in alphabetical order, and a brief description of the property assessed, and the separate and aggregate value thereof, against each owner; and it shall be the further and especial duty of said assessor in assessing the real estate in said city to give the name of each owner, as aforesaid, and describe each and every lot, block, and piece of ground owned by him or her which shall be assessed. Said assessor shall fix the value of all property assessed by him, and the aggregate value of each person's whole estate assessed; and said assessor shall return his lists of assessment, and the book herein required, to the clerk's office of the city council, with the whole assessment completed, on or before the first day of October of each year.

SEC. 55. That after said assessor shall have returned his said lists, and the book aforesaid, to the clerk of the city council, and the same shall have been revised by the council acting and sitting as a board of supervisors, as hereinafter provided, and the same shall be by order or resolution of the council received and ordered to be filed, said assessor's lists and books shall become and be a public record in the office of said clerk, and after said council shall have fixed by order or resolution the rate of ad valorem tax upon all taxable property of the city, the same, together with the road or street tax aforesaid, when placed in the hands of the city collector, shall be a perpetual lien upon the property of the tax payers, respectively, until the same be fully paid.

SEC. 56. That said city marshal shall also be street commissioner, and as such shall perform such duties as may be prescribed

by ordinance. Said city marshal, assessor, and street commissioner shall give such bond, covenant, or undertaking as the city council may prescribe, and shall receive such compensation as may be prescribed by ordinance.

CITY COUNCIL CLERK.

SEC. 57. At the time of appointing the other officers provided for by this act, the city council shall appoint a clerk, who shall be styled the clerk of the city council of Missoula, who shall hold his office for one year, and until his successor is appointed and qualified. No person shall be eligible to the office of clerk who is not twenty-one years of age, and has been a resident of the city of Missoula for six months prior to his qualification. He shall be required to give covenant to the city of Missoula, with good security, to be approved by the council, for the faithful discharge of the duties of his office.

SEC. 58. It shall be the duty of the clerk to keep a fair and correct record of the proceedings of the council, and of such other matters as may be directed by the council. It shall be his duty to post in three public and conspicuous places in the city all or each ordinance passed by the council which is approved by the mayor, and such others as become ordinances without his approval; to prepare papers and copies from his office for publication; to keep and preserve in his office the seal of the city, the records and papers of the city not properly belonging to any other office; to make out a poll book for each ward in the city before the day of each election in such wards. He shall prepare and make ready for the signature of the mayor all orders on the treasury, and perform all other duties required of him by order or ordinance of the council and this charter. That upon application of any person to the clerk of the council he may obtain from him a copy of any paper or record in his office, paying to the said clerk his fee therefor, which copy attest by the clerk shall be evidence in all the courts of this territory. The clerk shall be entitled to charge and shall receive such fees as are by law allowed to clerks of courts for similar services, and he is hereby given the same remedies for the enforcement of the payment thereof as is given by existing laws to clerks of courts in similar cases. He shall prepare and deliver to the tax collector the tax book of the city, and perform such other duties as may be prescribed by ordinance. Said city clerk shall also be auditor of said city, whose powers and duties and compensations shall be prescribed and fixed by ordinance.

SUPERVISORS OF TAX BOOKS.

SEC. 59. The city council, within five days after the return of the tax lists and books as herein provided for, shall, at such time as they may choose, meet in the council chamber and examine with. care the assessor's report of the taxable property returned for the year, and correct any error of the assessor, whether in fact or in relation to the valuation of estate listed; and in cases where they shall be of opinion that the estate has been incorrectly valued, to fix the same at its proper value; but they shall not increase the valuation made by the assessor without summoning the owner or owners, if residing in the city, to appear before them to show cause why the change should not be made. It shall be the duty of the assessor to attend the sessions of the board of supervisors of tax, and give evidence and information concerning the business before them, upon oath, if required. They shall immediately after the supervision of the tax books aforesaid fix the levy to be collected in the fiscal year for which said assessment is made. The clerk of the council shall keep a correct record of their proceedings, and immediately after they shall have concluded said work it shall be the duty of said clerk to make out a tax book, showing the assessed value of each tax payer's real and personal property, and the amount of tax due from each, and deliver the same to the tax collector, taking his receipt therefor.

SEC. 60. The council shall have power, at any time within two months after the supervision of the tax list aforesaid, to hear complaints, and to change, reduce, or correct the tax list of any person, and in case of reduction, if the taxes have been paid, to order the proper proportion thereof to be refunded.

CITY SURVEYOR.

SEC. 61. The city council, at the time fixed for the appointment of the other city officers, shall appoint a city surveyor, He shall not be required to be a resident of said city; he shall hold his office one year, and until his successor shall be appointed and qualified; his duties and compensation shall be prescribed by ordinance, as well as the manner of his qualification.

OFFICERS OF ELECTION.

SEC. 62. The city council shall, at their regular meeting in March, each year, appoint suitable persons as officers of the election in each ward in the city, two persons as judges, one person as