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duties, he shall possess like powers and be subject to like responsibilities as are constables of the counties: Provided, That he shall not have power to serve any writ or process


civil cause or procedure except when the city is a party thereto. He shall have charge and control of the chief of police and all policemen. He shall hold his office one year from and after his election, unless suspended or removed. In case of suspension or removal, the city council may elect by ballot a person in his stead who shall hold office for the unexpired term of the marshal so removed.

SEC. 9. That section three hundred and fifty-eight of chapter twenty-two as amended by section six of “an act to amend an act relating to the formation of municipal corporations” be amended so as to read as follows: Section three hundred and fifty-eight—The city attorney to be elected shall be a person who has been licensed to practice as an attorney in this territory. He shall hold his office for two years unless suspended or removed as provided by this act. It shall be the duty of the city attorney to attend before the police court and other courts of the city and the district court and prosecute on behalf of the city, and he shall generally do and perform such other acts as pertain to the office of the city or corporation council. He shall when required draw for the use of the council, contracts and ordinances for the government of the city, and when required give to the mayor or city council written opinions on questions pertaining to the duties and the rights, liabilities and powers of the corporation. For such services he shall receive such salary and fees as may be fixed by the city council by ordinance. Nothing herein shall be taken or construed as preventing the city council from employing other and additional counsel in special cases and providing for the payment of such services. The city attorney may be suspended or removed from office by the city council for the neglect, violation or disregard of the duties required by this act or the ordinances of the city. SEC. 10.

That section three hundred and fifty-nine, of chapter twenty-two, be amended so as to read as follows: Section three hundred and fifty-nine—The chief of police, under the direction of the city marshal, shall have general control of all policemen and watchmen who shall be elected or appointed by the city council. He shall have like powers to suppress riot and disorder within the limits of the corporation as by this act are conferred upon the city marshal. He with all policemen elected or appointed shall be at all times subject to suspension or removal by the city council, with full authority on the part of the city council to appoint others in their stead,

SEC. II. That section three hundred and sixty-one, of chapter twenty-two, be amended so as to read as follows: Section three hundred and sixty-one_The chief of police shall give bond in form similar to that required by law of constables. He shall, for all criminal offenses committed within the corporate limits of such city, possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law on constables, and be taken and included in all writs and papers addressed to constables in criminal cases and procedures. He shall execute all orders to him directed by the mayor, and all processes directed to him by the police magistrate, and to arrest with or without process, and it shall be his duty with reasonable diligence to take before the police magistrate every person found in such city in a state of gross intoxication, or engaged in any disturbance of the peace, or violating any law of the territory, or ordinance of the city. He may command all persons present in such case to assist him therein. He shall be entitled to the same fees allowed to constables for similar services in territorial cases; for other services rendered the city, such compensation as the council may fix. He may be removed for official misconduct by a two-thirds vote of the city council, approved by the mayor. Sec. 12.

That section three hundred and seventy-one, of chapter twenty-two, be amended so as to read as follows: Section three hundred and seventy-one—The police magistrate shall be elected by a plurality of the votes of the electors residing within the limits of the incorporated city in which he is chosen. He shall hold office for two years from and after the first Monday in May after his election. He shall have exclusive jurisdiction to try and determine all actions arising under the ordinances of the city, and in addition thereto shall have the same jurisdiction conferred by law upon justices of the peace, Provided, in no case for the violation of a city ordinance, shall a trial by jury be allowed; but on appeal to the district court the defendant in any such case shall be entitled to a trial de noro and by jury as a matter of right. He shall hold a

a police court that shall be open at all times from the hours of nine a. m. to six p. m. (except Sundays and legal holidays) for a trial of causes arising under the ordinances of the city. If a vacancy occurs in the office of police magistrate, or if he is temporarily absent, or incapacitated from discharging the duties of his office, the mayor may designate in writing some justice of the peace residing within the city to perform the duties of police magistrate, while such incapacity continues: Provided, That when the office of police magistrate becomes vacant from resignation, death, or removal from the city, then the city council may appoint some person residing within the city to fill the office of police magistrate until the next municipal election. The person so appointed shall qualify the same as though elected. The person so appointed shall receive the same compensation for services during the period he has performed the duties of police magistrate as the police magistrate is by this act, or the ordinances of the city, authorized to receive. All city officers mentioned in this act shall be required to reside within the limits of the city during their terms of office.

SEC. 13. That section three hundred and seventy-eight, of chapter twenty-two, be amended so as to read as follows: Section three

hundred and seventy-eight_The county assessor shall, at the time of filing his return of property, file with the clerk or recorder of each incorporated city or town, a duplicate return of all property situate within the limits of any city or town in such county. The city council or board of aldermen of each incorporated city or town shall, prior to the first day of September, elect four of their number, and the aldermen so elected, together with the county commissioners, shall constitute a board of equalization, whose duty it shall be to equalize the assessments of property within the limits of the city or town as they may deem just and equitable. After the final adjournment of said board the city council shall have power until the first day of September next with respect to property assessed in any incorporated city or town upon proper cause shown by the party aggrieved, to make such rebate of such taxes or penalties, or both, as they deem just and equitable, and to order any tax which has been improperly assessed or paid by mistake to be refunded: Provided, That no such rebate shall be made except upon a written statement of the person aggrieved, subscribed and sworn to, which shall be filed and kept by the city clerk.

SEC. 14. That section three hundred and eighty-one, of chapter twenty-two, be amended to read as follows: Section three hundred and eighty-one—all fines and penalties imposed and collected by the police magistrate or justice of the peace for the infraction or violation of any ordinances of any city or town, shall be paid by him to the city treasurer. He shall take receipt therefor and shall render to the city council a weekly report, showing the amounts of all fines, penalties and costs collected, and the person to whom paid: Provided however, That in case there be a clerk to such police court, then it shall be the duty of such clerk to collect all fines and penalties and costs, as herein provided, and such clerk shall deliver all moneys so collected to the city treasurer and take his receipt therefor. The police magistrate shall tax the costs to the person found guilty and may enforce any judgment rendered thereon by execution or imprisonment, as authorized by this act. The costs in all cases arising under the ordinances of the city, shall be such fees as are allowed by ordinance and witness fees, and costs of serving subpæna as are allowed under the territorial law: Provided, That in no case shall any city officer or any witness be entitled to any fees unless the same shall have been collected by the city.

SEC. 15. That section three hundred and ninety-three chapter twenty-two be amended so as to read as follows: Section three hundred and ninety-three—The common council or board of aldermen may at any time order an election to be held at which the question of re-incorporation under this act shall be decided. If a majority of the qualified voters as defined by this act, shall vote in favor of re-incorporation of the city or town under the provisions of this act,

they shall thereupon be incorporated hereunder in all respects and subject to all the provisions of this act as if originally incorporated hereunder, all the requirements of this act as to notice of the election, the appointment of judges and clerks thereof, the returns of the election, and canvassing the votes given, shall be complied with: Provided, The returns of the election shall be made to the mayor of the existing city or town, and not to the county commissioner.

SEC. 16. That section four hundred and fifteen as amended by “'an act to amend an act relating to the formation of municipal corporations be amended so as to read as follows: Section four hundred and fifteen-The amount of corporation taxes to be assessed and levied in any one year on the taxable property of any city or town for general municipal or administrative purposes shall not exceed three-fourths of one percentum, and for fire and water purposes one half of one percentum on the assessed valuation of such property and such special assessments as may be levied from time to time as provided for under chapter twenty-two, fifth division of compiled laws of Montana and the amendments thereto.

SEC. 17. That section four hundred and twenty-seven be numbered and designated as section number four hundred and forty A, chapter twenty-two, fifth division compiled laws of Montana.

Sec. 18. That section four hundred and twenty-eight, of chapter twenty-two, be amended so as to read as follows: Section four hundred and twenty-eight-For the purpose of payment of expenses, including all damages and costs incurred in taking of private property, and of making any improvement mentioned in the preceding sections, the city council may by resolution levy and assess the whole or any part not less than half of such expenses as a tax upon such property as they shall determine is specifically benefited thereby, making therein a list thereof, in which shall be described every lot or parcel of land so assessed, with the name of the owner thereof, if known, and the amount levied therein set opposite, such resolution signed by the mayor and clerk shall be published once in each week for two weeks in a newspaper published regularily in such city, or if there be no such ne vspaper published regularily in such city, three copies thereof shall be conspicuously posted by the clerk, and a notice therewith that at a certain time therein stated the council will meet at their regular place of meeting and hear all objections which may, be made to such assessment or any part thereof, at the time so fixed ihe council shall meet and hear all such objections, and for that purpose may adjourn from day to day, and may by resolution modify such assessment in whole or part. At any time before the first day of August thereafter, any party liable may pay any such tax to the city treasurer. On such first day of August, if any such tax remains unpaid the clerk shall certify a copy of such resolution to the county clerk with a certificate of the city treasurer annexed, showing what axes thereby levied remain unpaid, and the county clerk shall put

the same with five per centum additional upon the tax-roll in addition to, and as part of all other city taxes therein levied on such land to be collected therewith: Provided, That whenever the benefits are assessed to any lot or parcel of land as provided in sub-division three of section four hundred and twenty-three, chapter twenty-two, the same shall not be again assessed as provided in this section.

SEC. 19. That section four hundred and thirty of chapter twentytwo be amended so as to read as follows: Section four hundred and thirty—The city council may cause any street or any part of any street to be graded, paved, macadamized or otherwise improved, or any sidewalk or gutter to be built upon the same, being ordered by two-thirds vote of the city council. For the purpose of so improving any street or building or repairing the sidewalk or gutter the city council may levy and cause to be collected upon the lots, tracts or parcels of ground on such street or part of street improved, or on the side thereof where such sidewalk or gutter is built, and upon the owners thereof, a tax sufficient to pay the expenses of constructing such improvements as ordered opposite such property to the center of the street or such proportion thereof, not less than half, as they shall deem assessable to such property, if they shall think the whole ought not to be assessed, in which case the remainder shall be paid from the city treasury. Every such tax for repairs shall be for the entire cost of the repairs in front of the property so assessed. If any tax levied under this section shall prove insufficient to pay the cost or proportion thereof assessed to such property, the city council may levy an additional tax thereon to make good such deficiency. The taxes and special assessments as provided for in this section shall be certified by the city clerk to the county clerk, and recorder, and by him to the county treasurer, and such taxes are special assessments shall be collected in the same manner as other taxes; such taxes and special assessments shall be a lien upon the property upon which they are assessed: Provided, That any person owning property where such improvements are to be made may make any such improvements required by the city council within thirty days after the same are ordered by the council, if done and performed in accordance with the ordinances of said city, and the orders and directions of the street commissioners thereof. SEC. 20.

That there shall be added to said law a section to be designated and numbered 440 B. Section four hundred and forty B--The city council of any incorporated city in addition to the powers conferred on said council by this act shall have power to establish and maintain at any time, from time to time, any general system or systems of sewerage for said city, or for any sewerage district or districts in which said city or any part of thereof is or may hereafter be divided, or for any part or portion of said city, in such

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