ENACTED BY THE SIXTEENTH LEGISLATIVE ASSEMBLY.

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manner and under such regulations as said council may deem expedient and to alter or charge such system or systems of sewerage as said council may from time to time determine.

Sec. 21.

That there shall be added to said law a section to be designated and numbered 440 C. Section four hundred and for y C-The cost of constructing, altering or repairing any of the sewers or improvements herein provided for or referred to, as nearly as can be ascertained, together with the necessary expense of making the assessment shall be assessed by the city council of said city or town upon the real estate benefited thereby, and enforced and collected in the manner and under the regulation for collecting other taxes and special assessments: Provided, That the said common council may order the constructing, altering or repairing of main sewers or such part of them or such proportion of the cost thereof as said council may deem expedient to be paid by sai cty at large, or from a district sewerage fund in each of said districts wherein such improvments may be located, or out of such fund as may be properly appropriated by said city council for that purpose, under such regulations as said council may prescribe. Provided, That whenever assessments are made upon the real estate benefited, for the partial or entire cost and expense of constructing, altering or repairing any of the sewers or improvements provided for in this section, such assessments when collected shall be placed by the city council to the credit of the fund from which the cost of the work was paid.

SEC. 22. That there shall be added to said law a section to be designated and numbered section four hundred and forty D. Section four hundred and forty D—-Cities of the first class may establish the office of police court clerk. When such office is established the clerk of the police court shall give a bond in such amount as the council may determine, and shall receive a salary not to exceed one hundred and twenty-five dollars per month. He shall keep a docket of the proceedings of the police court and make a weekly report of all cases tried or disposed of in said court, the amount of fine, penalties and costs collected, and shall pay the same at the end of each week to the city treasurer taking his receipt therefor. Said court shall have a seal which shall be in the custody of the clerk. He shall have authority to take acknowledgements, administer oaths and take depositions and shall be entitled to fees therefor the same as allowed to notaries public. He shall file all papers in said court and have authority to issue summons, warrants, subpoenas, committments, executions, attachments and all other writs under and by direction of the police magistrate and the seal of said court attached. He shall give to any officer or other person entitled to any fees which may have been collected by said court an order on the city clerk for the amount an such order shall be authority for the city clerk to issue a warrant on the city treas

urer for such amount as in the order specified to the person entitled to the same. He shall perform all duties as may be prescribed by the ordinances of the city. When the said office of clerk of the police court is created he shall do and perform all clerical work pertaining to said court and collect all fines and fees thereof.

SEC. 23. That there shall be added to said law a section to be designated and numbered section four hundred and forty E. Section four hundred and forty E.-Any territory within the corporate limits of any city or town may be platted by the city or town and the cost of such platting shall be taxed to owner or owners of any such territory proportionately: Provided, That the owner of any such territory may have the same platted and such plat filed for record: Provided, That such plat shall not have any validity or rights until accepted by the city council. This section shall only apply to territory which has been sold by metes and bonds and is used for residence, business or town purposes.

SEC. 24. That there shall be added to said chapter a section to be designated and numbered four hundred and forty F. Section four hundred and forty F.-Section four hundred and thirty-one and four hundred and thirty-two of chapter twenty-two, fifth division compiled laws of Montana, be and the same are hereby repealed.

SEC. 25. This act shall take effect from and after its passage. Approved, March 14, 1889.

MUNICIPAL CORPORATIONS.

AN ACT relating to the compensation of the mayor and aldermen of incorporated cities, and authorizing ordinances to be passed regulating the construction of buildings.

Be it enacted by the legislative assembly of the territory of Mon

tana:

SECTION 1. No person shall be an alderman in any city heretofore incorporated under any special law of the territory of Montana unless at the time of his election he shall be a tax-paying free-holder, within the limits of said city, and shall have resided within the said city limits one year immediately preceding his election, and shall have the requisite qualifications to vote for members of the legislative assembly, and be a resident of the ward for which he is elected.

SEC. 2. The mayor of any city having at the date of the passage of this act, a population of ten thousand or more, and heretofore incorporated under any special law of the territory of Montana, may be allowed and paid not to exceed six hundred dollars per year, and the aldermen of any such city not to exceed five dollars for each stated meeting of the city council: Provided, That no compensation shall be allowed for any meeting unless the party otherwise thereto entitled was in attendance upon such meeting.

SEC, 3. There shall be twenty-four stated meetings of the council of any city having at the date of the passage of this law a popula

tion of ten thousand or more, and heretofore incorporated under any special law of the territory of Montana, in each year, at such times and places as may be prescribed by the city council.

SEC. 4. The city council of each city having at the date of the passage of this law ten thousand people or more and heretofore incorporated under any special law of this territory shall have the power and authority by ordinance to regulate the construction of buildings within the limits of said city, and also to provide for and regulate the inspection of milk and other articles for food or drink in said city.

SEC. 5. No city heretofore incorporated under any special law of this territory shall be required to pay into the county treasury of the county within which the same is situated, any portion of the street taxes assessed and collected in said city, in excess of the ten per centum thereof.

SEC. 6. All charters or other laws relating to or applying to, or affecting any city having at the date of the passage of this act a population of ten thousand or more and heretofore incorporated under and by virtue of any special law of this territory, are hereby amended to conform to the provisions of this act, and all acts and parts of acts in conflict with this act are hereby repealed. This act shall take effect April 1st, 1889.

Approved, March 14, 1889.

NATIONAL GUARD.

AN ACT to provide for the organization, regulation and discipline of the National Guard of Montana.

Be it enacted by the legislative assembly of the territory of Mon

tana:

SECTION I. The regularly enlisted, organized and uniformed active militia of Montana shall be styled the National Guard of Montana, shall be subject at all times to the orders of their officers, and shall be composed of able-bodied citizens of the territory of Montana, above the age of eighteen.

SEC. 2. In time of peace, the National Guard shall consist of not more than ten companies of infantry, two troops of cavalry, and one battery of artillery (with not more than four guns), fully armed, uniformed and equipped, to be allotted and apportioned to such localities as the necessity of the service, in the discretion of the Commander-in-Chief may require, and organized in such regiments, battalions and unassigned companies, with power to make such alterations in the organization and arrangement thereof from time to time. as he may deem necessary: Provided, That until otherwise authorized by law, or until the exigencies of the service sore quire, in the discre- ́ tion of the Commander-in-Chief, there shall not be more than one colonel and one lieutenant-colonel of the line. But the Commanderin-Chief shall have power in case of war, invasion, insurrection, riot,

or imminent danger thereof, to increase said force, and organize the same, and appoint or commission such officers to command the same as the exigencies of the occasion may require.

SEC. 3. The organization of the National Guard shall conform from time to time to the provisions of the laws of the United States regulating the organization of the army thereof, and the system of tactics and discipline shall always be the same. The National Guard shall be divided into similar departments and arms of service—the maximum of companies, troops, batteries, battalions, regiments and other aggregations of the force. The number, title and rank of officers who may be commissioned or appointed to command the same, and all other details of organization, instruction and discipline, shall be similar to those from time to time prescribed for said army. The Commander-in-Chief may increase the number of officers and enlisted men of the company, troop, or battery, as the president of the United States, by the laws thereof, is empowered to do respecting similar detachments of the army; and he and other officers of the National Guard may make the same details of officers of the National Guard, and similar details of non-commissioned officers and enlisted men, under similar conditions, as are made in said army for the discharge of similar duties: Provided, That no company, troop, or battery of the National Guard shall have less than thirty enlisted men, and every such organization having less than that number for two consecutive months, shall be disbanded and its officers and enlisted men mustered out of the service.

SEC. 4. The Commander-in-Chief is authorized to appoint such number of aides-de-camp as he may deem necessary, not exceeding four, who shall have, while serving on his staff, the rank of colonel of cavalry.

SEC. 5. The general staff shall not consist of more than seven, viz: One Adjutant General, one Inspector General, one Commissary General, one Quarter-master General, one Surgeon General, each with the rank of Brigadier General, one Ordinance Officer, one Mustering Officer, each to have the rank of Colonel of Cavalry, and they shall hold their commission during the pleasure of the Gover

nor.

SEC. 6. The Adjutant General shall distribute all orders of the Commander-in-Chief and shall obey all orders relative to carrying into execution and perfecting any system of military discipline, established by law. He shall annually make a return in duplicate of the militia of Montana, with their arms, accoutrements and ammunition, according to such form as may be prescribed by the Secretary of War of the United States, one copy of which he shall deliver to the Commander-in-Chief, and transmit the other to the President of the United States on or before the first Monday in February. He shall annually in December lay before the Auditor an account with vouchers of his expenditures as Adjutant General. The inspector

General, the Commissary General, the Quarter-master General, the Ordnance Officer, the Surgeon General, and the Mustering Officer shall perform such service as the Commander-in-Chief may direct. The Ordinance Officer shall be ex-officio an assistant departmental officer in the several departments except the medical department. He shall have the immediate custody of the arsenals and depots in which the military stores of all kinds are stored; shall keep accurate account of all such stores received and issued by him, for which service he shall be paid a compensation of three hundred dollars per annum. He shall give bond for the safe keeping of such stores in such sum as the governor shall fix. The general staff and aids to the Governor shall be appointed by the Governor; the regimental or battalion staff including commissioned as well as noncommissioned officers, by the Colonel or other officer commanding. Non-commissioned officers by the Captain or Company Commander with the approval of the battalion or regimental commander who shall issue his warrant to each non-commissioned officer appointed, or whose appointment is confirmed by him. Company officers shall be elected by the members of the company, and battalion or regimental officers by the companies composing the battalion regimental except the officers of the battalion or regimental staff, who shall be appointed as hereinbęfore provided.

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SEC. 7. Orders for the election of officers shall emanate from their Adjutant General's office, and he shall fix the time and place for holding the same and designate the officer to preside thereat, but in his discretion except in the case of the election of company officers, the time of the election may be designated by him, and the electors authorized to designate their choice by written ballots to be mailed to him, and opened and counted by him on the day fixed for such election, and filed and preserved by him, and he shall declare the result of such election according to the choice of the majority of such ballots. Fifteen days notice shall be given of every election provided for in this act, and no proxies shall be allowed to vote at any election. In case the electors personally attend the election, they shall appear and transact the business thereof in uniform. No election of officers shall be ordered in a company unless the prescribed minimum number of men have been inlisted therein, in addition to the number of officers to be elected, and upon the enlistment of that number a notification shall be given through the Adjutant General to the Commander-in-Chief by one or more petitioners of the company and an election of officers shall be ordered, unless the Commander-in-Chief in his discretion otherwise directs.

SEC. 8. Every commissioned officer, before he enters upon the duties of his office or excercises any command, shall take and subscribe, before any person duly authorized, such oath or affirmation as may be prescribed by the Commander-in-Chief, which shall not