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near as may be the particular portion of the county in which such deputy shall perform his duties, and any deputy appointed under the provisions of this act who shall under and by virtue of the powers conferred upon him by reason of such appointment, oppress, wrong, or injure any person or persons, shall upon conviction be fined in any sum not less than one hundred dollars nor more than five hundred dollars.
Sec. 17. Section two, three and six of an act entitled "an act to · suppress and prevent scab, and infectious diseases among sheep, approved September fourteen, eighteen hundred and eighty-seven, and sections sixty-seven, sixty-eight and sixty-nine, of chapter four, fifth division general laws, are hereby repealed, and all other acts or parts of acts amendatory thereof, and supplemental thereto, which are in conflict with the provisions of this act are hereby modified to conform with the provisions of this act: Provided, however, That nothing in this act shall be construed so as to prevent any oflicer from fully performing the duties required of him or them under the provisions of the unrepealed sections of the acts last above referred to.
SEC. 18. This act shall take effect and be in force from and after its passage.
Approved March 14, 1889.
AN ACT to amend Section Four of an act entitled an Act concerning the appointment of
Stenographers by the District Cours. Approved September 14th, 1887.
Be it enacled by the legislative assembly of the territory of Mon
tana : SECTION I. That section four an act entitled “An act conerning the appointment of stenographers by the District Courts,” approved September 14th, 1887, be amended so as to read as follows: Section four-Every stenographer appointed under the provisions of this act shall receive an annual salary of eighteen hundred dollars, and no other compensation except as hereinafter provided, payable in quarterly installments out of the contingent fundsof the counties comprising the district for which he is appointed, according and in proportion to the number of suits entered and commenced in the District Courts of such counties respectively the preceding year; and it shall be the duty of the judge of such district, on the first of January of each year, or as soon thereafter as may be, to apportion the amount of such salary to be paid by each county in his district on the basis aforesaid. The stenographer shall be allowed, in addition to the salary above provided, five cents per folio for each copy of testimony furnished to parties in civil cases, to be paid for by the parties desiring the same.
This act shall take effect from and after its passage and approval by the Governor.
Approved, March 13, 1889.
SUPREME COURT REPORTS,
AN ACT to amend sections one thousand nine hundred and ninety-three and one thousand
nine hundred and ninety-five of the fifth division general laws of the Compiled Statutes of Montana, relating to the reports of the supreme court of Montana.
Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. That section one thousand nine hundred and ninetythree of the fifth division general laws of the, Compiled Statutes of the territory of Montana is amended to read as follows: Section one thousand nine hundred and ninety-three--The reporter of such volume shall print and bind three hundred copies of such edition at the expense of the territory: Provided, That the same shall be paid for at the rate of six dollars for each volume of six hundred pages, and that each volume of more than six hundred pages shall be paid for at the same rate for the number of pages exceeding six hundred, and upon the said reporters delivering to the librarian of the Montana library three hundred copies of such edition, the auditor of the territory shall issue to the said reporte: a warrant for the amount to be found due, as provided above and also a warrant for the sum of three hundred dollars to cover the expenses of stationery and clerical work in the preparation of each volume: Provided, That the whole expense of publication and preparation of a full volume of such reports shall not exceed the sum of two thousand one hundred dollars to the territory. SEC. 2. That section one thousand nine hundred and ninely
2 five of the fifth division general laws of the Compiled Statutes of the territory of Montana is amended to read as follows: Section
ne thousand nine hundred and ninety-five-Of the three hundred copies deposited with the librarian of the Montana library, as above provided, the following officers shall be entitled to one copy of such volume, to-wit: The Governor, Secretary, Territorial Auditor, Territorial Treasurer, Territorial Superintendent of Public Instruction, the several Judges of the Supreme Court, the Attorney General, the several County Attorneys, and the Judges of Probate of the several counties. A sufficient number shall be sent to the libraries of the different states and territories and as exchanges to the several states and territories of the Union by the said librarian, and the remainder shall be deposited in the Montana library.
All laws and parts of laws in conflict with this law be and the same are hereby repealed.
Sec. 4. This act shall take effect from and after its passage. Approved, March 8, 1889.
TAXATION. AN ACT to amend an act entitled and act to provide for the levy of taxes and assessment of
property, approved September 14th, 1887. Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. That section three of said act be, and the same is hereby amended as to read as follows: SEC. 3.
All real and personal property in the territory (or state) of Montana, except such as is in this section expressly exempt from taxation, shall be listed and assessed with reference to its value and location, on the first day of April preceding the assessment: Provided, That the provisions of this section shall be construed to apply to all taxable personal property within the exterior limits of the territory (or state), including all property situated upon Indian and military reservations: And provided further, That the owner of personal property, removing from one county, town, district to another, between the first day of April and the first day of September, shall be assessed in either county in which he is first called upon by the assessor. The owner of personal property moving into this territory (or state) from another territory (or state) between the first day of April and the first day of September, shall list the property owned by him on the first day of April of each year, in the county, town or district in which he resides: Provided, If such person has been assessed, and can make it appear to the assessor that he is held for the tax of the current year on the same property in another state or territory, county, town or district, he shall not again be assessed for such year.
When the owner of live stock or other personal property connected with a ranch or farm, does not reside thereon, the same shall be listed and assessed in the county, town, or district where the ranch or farm is situated: Provided, If the farm is situated in several towns or districts, it shall be listed and assessed in the town or district in which the principal place of business of such ranch or farm is situated. The following described
. property shall be exempted from taxation, viz:
First--All lands and lots of ground with buildings, improvements and structures thereon belonging to the territory, and all lands and property belonging to the United States, or to this territory or to any municipal corporation, or to any county of the territory.
Second_Court houses, jails, town halls, houses occupied by fire and military companies and their apparatus, and other public structures and offices, and all squares and lots kept open for health or public uses, or for ornament, belonging to any county, city, town or village in this territory. Public libraries, colleges, school houses and other buildings for the purpose of education, with their furna. ture, libraries and all other equipments, and lots of land thereto appurtenant and used therewith, so long as the same shall be used for that purpose: Proviilet, That when any of the property mentioned in this subdivision, is private property, from which a rent or other valuable consideration is received for its uses, the same shall be taxed as other property.
Third-Public asylums, hospitals, poor houses and other charitable or benevolent institutions for the relief of the indigent or afilicted, and the lots, or lands thereto appurtenant, with all their furniture and equipments. All grounds and buildings belonging to agricultural societies, so long as the same shall be used for that purpose only, and without pecuniary gain.
Fourth--Churches, chapels and equipments, and the lots of ground appurtenant thereto and therewith, not exceeding in value ten thousand dollars: Provided, rent is not paid for such grounds so long as the same is used for that purpose only without yielding rent. Cemeteries and graveyards set apart and used for interring the dead.
Fifth—The property of widows or orphan children, not to exceed the amount of one thousand dollars to any one family.
Seventh-Mines and mining claims, except those held under a patent from the United States, the surface of which shall be taxed according to its value, as other real estate: Provided, That all machinery used in mining claims and all property and improvements appurtenant to or upon mining claims which have an independent and separate value shall be subject to taxation. Tools of mechanics, farming tools of husbandmen, all libraries of professional men and private citizens, household furniture of families or householders, which does not exceed in value the sum of two hundred and fifty dollars; and hay and feed sufficient to feed work teams and three cows for the period of six months, and seed grain sufficient to seed one hundred and sixty acres of land, the amounts hereof to be determined by the assessor; also fuel for home use, be and the same are hereby exempt from taxation. SEC. 2.
That section five of said act be and the same is hereby amended so as to read as follows: Section five-All personal property shall be listed in the manner following:
First ---Every person of full age and mind being a resident of this territory (or state) shall list all his or her moneys, credits, bonds or stock, shares of stock of joint or other companies (when the property of such company is not otherwise listed or assessed in this territory--(or state), moneys loaned or invested, annuities, franchises, realties and other personal property.
Second--He or she shall also list separately and in the name of his or her principal, all moneys and other personal property invested, loaned or otherwise controlled by him or her as the agent or attorney, or on account of any other person or persons, company or corporation whatsoever, and all moneys deposited subject to his or her order, check, or draft, and credits due from or owing by any person or persons, body corporate or politic.
Third—The property of a minor child shall be listed by his or her guardian, or by the person having such property in charge.
Fourth—The property of an idiot or lunatic, by the person having charge of such property.
Fifth— Thé separate property of a wife by herself, or by her husband, or by the person in charge of such property.
Sixth— The property of a person for whose benefit it is held in trust by the trustee of the estate of a deceased person by the executor or administrator.
Seventh—The property of corporations whose assets are in the hands of a receiver, by such receiver.
Eighth-The property of a body politic or corporate, by the president or proper agent or official thereof.
Ninth--The property of a firm or company by a partner or agent thereof.
Tenth—The property of manufacturers, and others in the hands of an agent, by such agent in the name of his principal.
Sec. 3. That section six be and the same is hereby amended so as to read as follows: Section six-Personal property, except such as is required in this act to be listed and assessed otherwise, shall be listed and assessed in the county, town or district where the property is situated. The capital stock and franchises of corporations and persons, except as may be otherwise provided, shall be listed and taxed in the county, town or district where the principal oflice or place of business of such corporation or person is located in the territory; if there be no principal oflice or place of business in the teritory, then at the place in the territory where any such corporation or person transacts business. The personal property pertaining to the business of a merchant or of a manufacturer shall be listed in the town or district where his business is carried on. The personal property of express, transportation and stage companies shall be listed and assessed in the county, town or district where the samne is usually kept. All persons, companies and corporations in this territory owning steamboats, sailing vessels, wharf-boats, barges and other water craft shall be required to list the same for assessment and taxation in the county, town or district in which the same may belong or is usually kept. The personal property of gas and water companies shall be listed and assessed in the county, town or district where the principal works are located. Gas and water mains and pipes, laid in roads, streets or alleys, shall be held to be personal property. The personal property of street railroad, plank- road, gravel-road, turnpike or bridge companies shall be listed and assessed in the county, town or district where the same or any portion thereof are located, and the track, road or bridge shall be held to be personal property. The property of corpora - . tions or companies constructing or owning railways, telegraph and telephone lines and similar improvements, shall be assessed to each corporation or company, and their interests are to be taxed in this