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to pay the yearly interest on said bonds, to invest such excess funds in the manner set forth and provided in section 4 of this act, and the amount so invested shall constitute a "permanent fund" to pay the principal of the said bonds; but all interest or profit derived from the investment shall be paid into the said "Capitol Building Interest and Sinking Fund" and the principal and interest of the bonds shall be a first lien upon said funds, and all lands granted and belonging to the State, for the purpose of erecting buildings at the State Capitol.

Section 4. The State Board of Land Commissioners are hereby authorized and directed to create a "permanent fund" for the payment of the principal of the bonds authorized by this Act, from the following revenues, to-wit: Whenever the revenues in any year are sufficient to pay the interest on the said bonds and there shall be in excess thereof, the sum of twenty-five hundred dollars, then any and all funds over and above the said sum of twenty-five hundred dollars shall be invested for the benefit of the "Capitol Building Interest and Sinking Fund" as follows, towit:

First-In the bonds authorized by this Act, provided they can be purchased at a cost not exceeding their par value and accrued interest.

Second-In any legally issued bonds of any county, school district, city or town of the State of Montana, provided they can be purchased at a cost not exceeding their par value and interest.

Third-In any legally issued General Fund Warrants of the State of Montana, or any legally issued warrants of any county, city or town of the State of Montana, provided they can be purchased at a cost not exceeding their par value and accrued interest; and the said State Board of Land Commissioners are hereby granted discretionary power in the selection. and purchase of the securities hereinbefore described, as to the amount of each they shall purchase and conditions of general credit affecting the same.

Section 5. It is hereby provided and set forth that in the event the State of Montana, shall, at any time provide and pay the interest, or any part thereof, on the bonds authorized by this Act from the general fund of the State, or by any special appropriation made or tax levied therefor, then for any and all interest so paid, the State shall be re-embursed from the said "Capitol Building Interest and Sinking Fund" by the payment of the amount so paid or due, whenever there is sufficient money in said "Capitol Building Interest and Sinking Fund" to pay the same.

Section 6. The State Treasurer is hereby designated as the custodian

of the funds provided by this act, and he shall pay all warrants properly drawn by the State Capitol Commission, save and excepting as to the interest on the bonds, which he shall pay as the same becomes due and charge the amount thereof to the "Capitol Building Interest and Sinking Fund hereinbefore created.

Section 7. All moneys received from the sale of the bonds authorized by this act shall be paid to the State Treasurer, and shall constitute a special fund for the erection of the State Capitol Building, and shall be disbursed by the State Treasurer or (on?) warrants properly drawn by the State Capitol Commission, and including all warrants heretofore drawn. by the State Capitol Commission, and registered prior to the passage of this Act.

Section 8. Whenever any of the bonds authorized by this Act shall become due and payable, and there is sufficient funds to pay the same, they shall be called in and paid in the order of their issuance, beginning with the lowest number.

Section 9. The cost and expenses of issuing the bonds herein before authorized may be paid out of the proceeds thereof, or be chargeable to the expenses of the construction of the building.

Section 10. In the event there shall not, at any time, be sufficient money in the "Capitol Building Interest and Sinking Fund" to pay the interest when due the State Board of Land Commissioners and the State Capitol Commission shall, by an order entered on their minutes or record books, cause warrants to be issued on the said "Capitol Building Interest and Sinking Fund" for the amount of interest due, and the warrants so issued shall be registered in the office of the Treasurer of the State, and shall bear interest at the rate of six per centum per annum and said warrants shall be paid by the State Treasurer whenever there is sufficient money accumulated in said fund to pay the same; and by reason of the delivery of said warrants to the holders of said bonds and the surrender of the interest coupons, there shall be no default in the payment of interest.

Section 11. Nothing in this Act shall be so construed as to in any wise hold the State of Montana liable for the payment of the bonds herein authorized, or the interest thereon, except as to the lien heretofore created against the lands and funds granted for the purpose of erecting a State Capitol Building and which lien shall not be abridged, annulled, or set aside until the bonds authorized by this Act shall have been fully paid

together with the interest thereon and the Governor is hereby specially authorized and empowered to use all lawful means to enforce the provisions of this Act.

Section 12. Section 2454 of the Political Code of the State of Montana and all acts and parts of acts in conflict with this Act are hereby repealed.

Section 13. There is hereby appropriated from the proceeds of the sale of the bonds authorized by this Act the sum of One Hundred Thousand Dollars ($100,000) for the fiscal year ending December 1st 1897, and the sum of Two Hundred and Fifty Thousand Dollars ($250,000) for the fiscal year ending December 1st 1898.

Section 14. This Act shall be in full force and effect from and after its passage and approval by the Governor. Approved March 4th, 1897.

HOUSE BILL NO. 52.

An Act to amend Article III, Chapter IV, Title V, Part III of the Political Code of the State of Montana by adding thereto a section numbered 2495, Providing a compensation for Trustees of Orphans' Home.

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. There is hereby added to Article III, Chapter IV, Title V, Part III, of the Political Code, a section which shall be numbered as Section 2495 (2495) and shall read as follows:

Section 2495. Said Board of Trustees shall receive as compensation for their services the sum of three Dollars for each day employed, and ten cents per mile, actually and necessarily traveled in attending the meetings of the Board, said compensation shall not exceed One Hundred Dollars per annum for each individual trustee.

Section 2. This Act shall take effect and be in force from and after its passage.

Approved March 3, 1897.

HOUSE BILL NO. 280.

An Act Amending Sections 2640, 2642, 2643, 2680 of the Political Code Relating to the Levy, Collection and Disposition of Road Taxes.

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. Section 2640 of the Political Code is hereby amended so as to read as follows:

"Section 2640. There must be levied and collected on all taxable property in the county not less than one mill nor more than two mills on the dollar for road purposes, also a special road tax of three dollars on each able-bodied man over the age of twenty-one years and under the age of forty-five years residing in each road district, provided that any person liable for said special road tax may elect to perform one days labor either in person or by another on the public roads under the proper officers as hereinafter provided in lieu of the payment of the said three dollars. Said special road tax shall be due and payable to the county assessor after October first of each year, unless one day's labor of eight hours has been performed in lieu thereof as provided by law, and the county assessor shall collect such special road tax on or before December first of each year, in the manner provided by law providing for the collection of poll tax. All special road taxes collected by him must be paid into the County Treasurer monthly and be placed to the credit of the road fund of the road district in which the same is collected. The county surveyor of each district shall, on or before the first day of October of each year deliver or mail to the county assessor a list of the names of all male persons in each road district who are required to work said special road tax for the year, and who have failed to work out the same.

Any person whose special road tax is unworked by October first of each year shall pay three dollars to the assessor as provided by law."

Section II. Section 2642 is hereby amended so as to read as follows: "Section 2642. Every person, liable to said special road tax, who shall perform, in person, the one days labor in lieu thereof, shall receive a receipt for the sum of three dollars, signed by the county surveyor, which shall be a sufficient receipt for said special road tax.

Section III. Section 2680 is hereby amended so as to read as follows: Section 2680. If any person, required to pay the special road tax mentioned in the preceding sections of this Chapter, has no property

subject to taxation, and does not elect to work out said special tax as therein provided, the county assessor must collect the same, at the time of making the assessment. If it be not paid at the time, and the person owing the same is in the employment of any other person, the assessor must deliver to the employer a written notice, stating the amount of tax owing by such employee, naming him; and from the time of receiving said notice, said employer is liable to pay said tax, provided that any money is then due or shall become due such employee, from each employer, before the time for the payment of general taxes; and the employer may deduct the same from any amount so due such employee. Section IV. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Approved March 4th, 1897.

SENATE BILL NO. 19.

An Act to amend Section 2950, Article 2, Chapter 5, Title 7, Part 3, of the Political Code in reference to the appointment of a Board of Stock Commissioners.

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. That Section 2950, Article 2, Chapter 5, Title 7, Part 3, of the Political Code in reference to the appointment of a Board of Stock Commissioners, be amended so as to read as follows:

"Section 2950." The Governor is authorized to nominate, and by and with the consent of the Senate, appoint a Board of Stock Commissioners of one member from each County in the State, and such Stock Commissioners upon entering upon their duties must take the constitutional oath of office, which oath must be filed in the office of the Secretary of State. Section 2. This Act shall take effect and be in force from and after its passage.

Approved February 23, 1897.

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