HOUSE BILL NO. 69. An Act repealing Section 162 and amending Section 163 of Article II of the Political Code of Montana: Be it enacted by the Legislative Assembly of the State of Montana: That Section 162 of Article II of the Political Code of Montana, which reads "The Secretary of the Senate and Clerk of the House of Representatives and Sergeant-at-Arms of each House for any session must at the next succeeding session of the body perform the duties of their offices until their successors are elected and qualified" is hereby repealed. "Section 163 of Article II, of the Political Code of Montana is hereby amended to read as follows: "Section 163. At the hour of twelve o'clock M on the day appointed for the meeting of any regular session of the Legislative Assembly, the President of the Senate, or in case of his absence or inability, then the senior member present must take the chair, call the Senators and Senators-elect to order, and then call over the Senatorial districts in their order, from which members have been elected at the preceding election, and as the same are called the members-elect must present their certificates, take the Constitutional oath of office, and assume their seats. The Senate may thereupon, if a quorum is present, proceed to elect its officers." Approved February 19, 1897. HOUSE BILL NO. 50. An "Act to amend Section 442 of Article VII, Chapter III, Title I, Part III, of the Political Code of Montana, relating to the State Treasurer." Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 442, of Article VII, Chapter III, Title I, Part III, of the Political Code be, and the same is hereby amended to read as follows: "Section 442. It is the duty of the State Treasurer on the presentation of State warrants regularly issued to pay the same out of any funds available for the purpose, and in the event that there are no funds available for such payment, he must register each warrant in a book or register to be kept for the purpose, entering the date of issue, date of registration, name in whose favor warrant is drawn, the number and amount thereof, and he shall endorse on each warrant so registered, on its face, "Presented for payment, and not paid for want of funds, and registered in this office this........day of..... inserting the date of registration; and he shall affix his signature as Treasurer thereto; and all warrants so registered and endorsed shall bear interest at the rate of six per cent per annum until called for payment, after which date interest shall cease; and all warrants shall be redeemed and paid in the order of their registration and in the manner as set forth in Section 444, of the Chapter hereinbefore mentioned. Section II. Nothing herein contained shall be construed to apply to any warrants issued on account of any Land Grant Fund or by virtue any special act authorizing the issuance thereof. Section III. This act shall be in full force from and after its passage. Approved March 1, 1897. SENATE BILL NO. 45. An Act repealing Sections 470 and 472, Article 9, Chapter 3, Title 1, Part 3 of the Political Code relating to the appointment of the State Land Agent and his annual salary. Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Sections 470 and 472, Article 9, Chapter 3, Title 1, Part 3 of the Political Code of Montana, be amended so as to read and shall be numbered as follows: Section 470. The Governor with the consent of the Board of Land Commissioners must appoint a State Land Agent who shall hold his office for the term of four years, or until his successor shall be appointed and qualified. Section 472. The annual salary of the State Land Agent for the services rendered in any capacity whatever is the sum of Twenty-five ($2,500) hundred dollars. The salary of the State Land Agent shall be paid out of the funds derived from the sale of State Lands and shall be apportioned among the several land grants to the State according to the amount of such lands selected under each of said grants and shall be determined by the State Board of Land Commissioners. Section 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. Section 3. This act to take effect and be in force on and after its passage and approval. Approved March 4th, 1897. SUBSTITUTE FOR SENATE BILL NO. 12. An Act to amend Sections 490 and 506 inclusive, being all of Article XI, of Chapter 3, Title I, Part 3, Political Code of Montana, Providing for the appointment of a State Examiner and defining his duties and powers. Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Article XI of Chapter 3, Title 1, Part 3, Political Code be and the same is hereby amended to read and shall be numbered as follows: Section 490. There shall be a State Examiner who shall be appointed by the Governor and confirmed by the senate, and shall hold his office for the term of four years and keep his office at the seat of Government. Section 491. The duties of the State Examiner and his assistant are: 1. To examine at least once every year the books and accounts of the Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Public Instruction, Clerk of the Supreme Court, District Court Clerks, County Attorneys, County Treasurers, County Assessors, County Clerks, County Auditors, County Superintendents of Common Schools, Sheriffs, Public Administrators, Coroners, County Surveyors, Boards of County Commissioners of each County, and all boards whether temporary or permanent, however created, and for whatever purpose, having the control, management, collection or disbursement of any pubmoneys of any character or description. lic 2. To examine twice every year the accounts and transactions of every state or county officer or treasurer of any state board having the control or custody of public funds, with any bank or banking institution in which is deposited any money belonging to the state, county, or any public insti tution. 3. To prescribe the general methods and details of accounting for the receipt and disbursement of all the moneys belonging to the state or counties and to require of all officers and adherents to such general method and detail as are required by law or prescribed by him. 4. To visit each and every office of the officers and institution named in this act at least twice in every year, and at such times to examine the books, accounts and vouchers in said offices, to verify statements of receipts, expenditures and indebtedness, and to examine and pass upon the character and amounts of any commissions, percentages, or charges for services, exacted by any officer, and of all claims allowed by Board of County Commissioners. 5. To visit twice each year or oftener, without previous notice, each of the banks, banking corporations and savings banks, building and loan associations, investment and loan companies incorporated under the laws of this State, or doing business under any law of the State concerning corporations, and to examine into their affairs and ascertain their financial condition; to inspect and verify the value and the amount of their sureties and assets, and to enquire into any violations of laws governing such banks, institutions and building and loan associations. 6. The State Examiner after the examination of the affairs of any State officer, board or institution or board of county commissioners must make report to the Governor and to the Attorney General, the result of such examination within thirty days thereafter and if any violation of law or non-performance of duty is found on the part of any such officer or board, they must be proceeded against by the Attorney General or County Attorney as provided by law. 7. The State Examiner, or his assistant, after the examination of the affairs of any county officer must make report of such examination to the County Commissioners and to the County Attorney of such county, within thirty days after such examination, and if any violation of law or nonperformance of duty is found on the part of any county officer or board. such officer or board must be proceeded against by the County Attorney of the County as provided by law. 8. The State Examiner must make an annual report to the Governor within thirty days after the end of each fiscal year. Section 492. All officers of the State and counties and all officers and employes of all banking and other institutions mentioned in this Act, must afford all reasonable facilities for the investigations provided for in this Act, and all such officers, managers, and employes must make returns and exhibits to the State Examiner under oath, in such form and in such manner as he may prescribe, not conflicting with the present form of county records; every officer or person violating the provision of this section is guilty of a misdemeanor and shall be punished by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or both. Section 493. The State Examiner, or his assistant, has power to examine any books, papers, accounts and documents in the office or possession of any county or state officer, or banking or other institution referred to in this act, and to send for persons or papers and to examine under oath any and all persons concerning the same. Section 494. If any County Clerk or County Treasurer shall fail to make and transmit to the State Examiner's office any copy of any quarterly report required by the State Examiner of county officers or any annual financial statement of the county, within ten days after the same should have been filed as required by law, and said officer so required to furnish such report or copy, shall forfeit to the county one hundred dollars ($100.00) to be deducted from his salary by the board of county commissioners of such county on notice of such failure from the State Examiner. Section 495. The salary of the State Examiner for all services rendered in any capacity whatever is twenty-five hundred dollars ($2,500.00) per year, and in addition thereto shall receive such office and traveling expenses as are allowed by law. Section 496. The State Examiner shall be allowed one assistant ex aminer in his office at a salary not exceeding fifteen hundred dollars ($1,500.00) per year. Section 497. That for the purpose of the just distribution of the expenses incurred in pursuance of this title, there is created a fund that shall be known as the "State Examiner's Fund." That the County Treas urer of the counties of the State shall pay to the State Treasurer for such fund on or before the first day of January of each year, for their respective counties, the following sum, to-wit: Counties of the first, second, third and fourth class, $250.00 each; |