Section 3559e. This act shall take effect and be in force on and after

its passage and approval.

Section 3559f. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Approved, March 8th, 1897.

HOUSE BILL NO. 226.

An Act to amend Sections 3560, 3561, and 3563, Article III, Title VIII, Part III, of the Political Code of the State of Montana, relating to State Lands.

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

Section 1. That Sections 3560, 3561 and 3563, of Article III, Title VIII, Part III, of the Political Code of the State of Montana, be, and the same are hereby amended so as to read as follows:

Section 2. That Section 3476 of Article 1, Part 3, Title VIII., of the Political Code be amended so as to read as follows:

Section 3476. All selections of land must be made in legal subdivisions, and when the selection has been made and approved by the board, the Governor must take the necessary steps to procure the approval of the Secretary of the Interior, and the issuance of patents for the same by the United States to the State of Montana; Provided, that not more than 200,000 acres shall be selected in any one county of the State, unless it shall satisfactorily appear to the State Board of Land Commissioners that no lands can be selected in those counties of the state wherein a less quantity than 200,000 acres have been selected.

Section 3560. The State Board of Land Commissioners shall have power to sell the timber on State Lands at so much per thousand feet, as in their judgment shall be for the best interest of the State. But no live timber less than eight inches in diameter, twenty feet from the ground, except lodge pole pine or bull pine shall be sold. And all timber sold or cut from state land shall be so.cut and removed under the rules and regulations for the preservation of standing timber and the prevention of fires, as the Board shall prescribe; before any permit shall be granted, the timber shall be estimated and appraised by the said Land Agent upon the

request and subject to the approval of the said Board of Land Commissioners which estimate and appraisal shall show the amount and the value per thousand feet of all timber measuring not less than eight inches in diameter twenty feet from the ground, and of other timber below this standard, on each tract or lot, with a statement of the situation of the timber relative to risk from fire or damage of any kind, and its distance from the nearest lake, stream, or railroad.

Section 3561. No permit for such cutting shall be granted to any person by the said Board of Land Commissioners, except upon the sale of timber to the highest bidder, at public auction, held at its office at the State Capital, notice of which shall be published once each week for four successive weeks prior to the date of the same in two newspapers, one published in Helena, and the other in the county where the timber is situated; and the minimum price of all timber at such sale shall be the appraised value of the same as fixed by the State Land Agent, and approved by the State Board of Land Commissioners. Every person purchasing timber at such sale, before the execution of a permit for the same, shall execute a bond to the State of Montana for the payment of double the amount of the estimated value of the timber included in the permit with sufficient surety to be approved by the Board, conditioned upon the payment to the State Treasurer of the amount that may be found due, under the terms of such permit and according to the provisions of law.

Section 3563. The State Land Agent shall select and designate a log mark for each person granted a permit to cut logs upon state lands, which log mark, when so selected and designated shall be filed in the office of the State Board of Land Commissioners, and shall be distinctly different from any other mark selected and designated by the State Land Agent. And where such timber is sold at so much per thousand feet, the State Land Agent shall scale all logs so cut, and make a detailed report of the same, to the State Board of Land Commissioners on or before the first day of each year and every month, showing the name of the party cutting, the description of the land cut upon, then (the?) number of logs cut and the mark thereon, the total number of feet and the value thereof per thousand as shown by the record of his office, stating whether such cutting has been according to the terms of the permit, and if not properly cut, the consequent damage to the State; and such timber or logs shall not be sold, transferred, or manufactured into lumber until the amount due the state, according to the report of said Land Agent, shall have been paid

in full; and it shall be the duty of the State Land Agent to report to the State Board of Land Commissioners all trespass which has been, or which may hereafter be made upon the state timber lands, and all logs cut by such trespass shall be disposed of as hereinafter provided. Approved March 6, 1897.

SENATE BILL NO. 48.

An Act to amend Section 3591, Article 5, Title 8, Part 3 of the Political Code relating to the salary of the Register of the State Land Office.

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

Section 1. That Section 3591, Article 5, Title 8, Part 3, of the Political Code of the State of Montana, be amended so at (as?) to read and shall be numbered as follows:

"Section 3591." For the services required under this act, the register shall receive an annual salary of Twenty-five hundred ($2,500) dollars, the salary of the register 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.

HOUSE BILL NO. 87.

An Act to amend Section 3698, Chapter III Title X Part III of the Political Code providing for the manner in which valuation and appraisals of real estate shall be made.

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

Section 1. That Section 3698 of Chapter III, of Title X, of Part III, of the Political Code be amended so as to read as follows:

Section 3698. That in all counties in the State of Montana which now have, or those which may hereafter acquire, a total assessment of eight million dollars or more, the Judge of the District Court or if there be two Judges in the District then the senior Judge of said District Court, shall on or before the second Monday of February of each year, designate three reputable citizens who shall be residents and tax-payers in the county for which they are appointed, who shall constitute a Board of Appraisers whose duty it shall be to fix valuation of real estate in the county for the purpose of assessment by the county assessor, which valuation so fixed by said Board of Appraisers shall constitute the value or "true value" of such real estate.

Said Board of Appraisers shall meet on the third Monday in February of each year, and continue in session until its duties as prescribed by this Section are completed, not exceeding twelve days, unless the Judge appointing such appraisers shall for good cause shown by an order in writing, extend the said time, but there shall be no extension beyond a reasonable time for said appraisers with due diligence to complete their labors. In all counties having an assessed valuation of less than eight million dollars, the valuation of real estate, and the improvements thereon shall be made by the county assessor in the same manner as the valuations of personal property are made.

Section 2. The Assessor, in making up his assessment list of said estate, is hereby prohibited from assessing any greater or less value upon any piece of real estate than that so fixed by said Board of Appraisers. If there be more than one county in the district over which the Judge presides, he shall designate three appraisers for each county in the District; provided, that no county official shall be appointed to serve upon the Board of Appraisers. It shall be the duty of the county assessor to attend the meeting of the Board of Appraisers and give such Board all the information in his possession concerning property to be assessed and its valuation.

This Act shall be in force and effect from and after its passage and approval.

Approved March 3, 1897.

HOUSE BILL NO. 67.

An Act to amend Section 4062 of Article 2, Chapter 13, Political Code of Montana, relating to licenses.

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

Section 1. That Section 4062, Article 2, Political Code of Montana relating to licenses be, and the same is hereby amended to read as follows:

Section 4062: Licenses must be obtained for the purposes hereinafter named, for which the County Treasurer must require payment as follows:

1. Each Proprietor of a Billiard, pool or bagatelle table not kept exclusively for family use, for each table $3.75 per quarter, and for a bowling alley, ten dollars per quarter for each alley; but no license must be granted for a term less than three months.

2. The manager or lessee of every theater (not a variety or concert theater), Five Dollars per day for each day upon which a performance or performances are held, or in lieu thereof a monthly license of twenty-five dollars; for each variety or concert theater, whether an admittance fee is charged or not, Seventy-five Dollars per month; for each single exhibition of opera or concert singer (not exhibited in any theater where a monthly license is paid) three dollars; for minstrels, legerdemain or other shows not herein provided for, Five Dollars for each single performance (when not in a theater where a monthly license is taken out), for every circus or menagerie, including side shows, One Hundred and Twenty-five Dollars per day; but no license must be collected for any amateur exhibition or concert for school or charitable or religious purposes.

3. For each pawnbroker fifty-five dollars per quarter.

4. For each keeper of an intelligence office Ten Dollars per quarter. 5. For each keeper of a shooting gallery for gain, Fifteen Dollars per quarter.

This Act shall be in effect from and after its passage.

Approved March 4, 1897.