a year. Also, whenever ten per cent of the subscribed stock of any association files a written application with the State Examiner requesting him to make examination of any association, he shall make such examination forthwith.

Section 18. Should the State Examiner, upon examination, find any domestic association conducting its business in whole or in part contrary to law, or failing to comply with the law, he shall so notify the board of directors of such association in writing, and if after thirty days, such illegal practices, or failure continues, he shall communicate the facts to the Attorney General, who shall cause proceedings to be instituted in the proper court to revoke the charter of such association. Should the State Examiner find upon examination that the affairs of any such association are in an unsound condition, and that the interests of the public demand the dissolution of such association and the winding up of affairs, he shall so report to the Attorney General who shall institute the proper proceedings for that purpose.

Section 19. Such State Examiner shall have access to and may compel the production of all books, papers, securities and moneys, of the association under examination. He shall have power to administer oaths to and examine the officers and agents of such association and its affairs. Section 20. When the State Examiner deems it to be to the interest of the public, he may publish the results of such examination in some newspaper of general circulation in the county in which such association is located, if it be a domestic association, and in some newspaper in the City of Helena, Montana, if it be a foreign corporation. The expense of such publication shall be paid by the association whose statement is published.

Section 21. Should the State Examiner find upon examination that a foreign association does not conduct its business in accordance with law, or that the affairs of any such association are in unsound condition, or if such association refuses to permit examination to be made, he shall report such facts to the State Auditor, who may cancel the authority of such association to do business in this State, and cause a notice thereof to be mailed to the home office of the association, and to be published in at least one newspaper published in the City of Helena. After the publication of such notice, it shall be unlawful for any agent of such association to receive any further stock deposits from members residing in this State except payments on stock on which a loan has been made.

Section 22. Foreign building and loan associations doing business or desiring to do business in this State shall pay to the State Auditor the following fees: For filing each application for admission to do business in this State, ten dollars, (,?) for each one hundred thousand dollars capital stock or fraction thereof actually issued and in force (;?) for any increase of capital the same rate per thousand shall be charged as for filing the original capital stock. For each certificate of authority and annual renewal of the same, one hundred dollars. Both foreign and domestic shall pay to the State Auditor for filing each annual statement as follows: If the assets of the association as shown by the statement filed amount to fifty thousand dollars or less, three dollars; if more than fifty thousand dollars and less than one hundred thousand dollars, five dollars; if more than one hundred thousand dollars and less than two hundred and fifty thousand dollars, ten dollars; if more than two hundred and fifty thousand dollars and less than five hundred thousand dollars, twenty dollars; if more than five hundred thousand dollars, twenty-five dollars: For furnishing each copy of a paper filed in his office, twenty-five cents per folio. For affixing the seal of office and certifying any paper, one dollar. Both foreign and domestic associations shall pay to the State Examiner for each examination made by him a fee of one-twentieth of one per cent of its assets as shown by its last annual statement, provided that the examination fee shall not be less than twenty dollars nor more than fifty dollars per annum for any domestic association, nor more than two hundred dollars per annum for any foreign association.

Section 23. All fees provided for in this Act and paid to the State Auditor, State Examiner, or Secretary of State, shall be by them turned into the State Treasury.

Section 24. The State Treasurer and sureties shall be responsible for the safe keeping of all securities or cash deposited with him in compliance with the provisions of this Act.

Section 25. It shall be unlawful for any building and loan association to do business in this State without having first complied with the provisions of this Act, and any association violating any of the provisions of this Act, or failing to comply with any of its provisions, shall be fined not less than fifty nor more than one thousand dollars, to be recovered by an action in the name of the State, and on collection paid into the State Treasury and any officer, employee, or other person who solicits business for, aids or assists, any building and loan association to do business con

trary to the provisions of this Act, or without having complied with the provisions, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not more than five hundred dollars or imprisoned not more than six months, or both. Such fines when collected to be paid into the State Treasury. Provided that except as to taxation, this act shall not affect any such association heretofore organized under the laws of the State of Montana, unless it elects to come under its provisions.

Section 26. The State Examiner shall keep and preserve in permanent form a full record of his proceedings, including a concise statement of each association examined, and he shall annually make a report of the general conduct and condition of the building and loan associations doing business in this State, with such suggestions as he may deem expedient. Such report shall also include the information contained in the statement required of the association and arranged in tabulated form. He shall also report the whole amount of the income of his office, the source whence derived and the expenses, in detail, during the year ending on the 30th day of November.

Section 27. Building and loan associations shall be authorized to provide in their constitution and by-laws of the time and terms of the dissolution of such corporation: also, in the case of dissolution of such corporation its board of directors may, by majority vote, be authorized to sell and transfer its mortgage securities or other property, or both, to another corporation, person or persons, subject to the vested and accrued rights of the mortgagors. Every building and loan association heretofore incorporated under the laws of the State of Montana, which has loaned its money on real estate situated outside of the county in which its principal office is located, shall deposit and keep with the State Treasurer or with a duly chartered bank or trust company of this State, approved by the secretary of State, in trust for all its members and creditors, all mortgages or other securities received by it in the usual course of business. Every building and loan association which has heretofore made, or may hereafter make, a deposit in accordance with the laws of this State, may, at any time, by and with the consent of the State Treasurer, withdraw from the State Treasurer or from the trust company or bank with whom its securities have been deposited, any such securities, for the purpose of depositing such securities with a special trustee for the purpose of securing the withdrawal value of its fully paid stock, or evidence of indebtedness, or whenever required by the laws of any other state, territory, or nation, that its mortgages or other securities shall be deposited in such state, territory or

nation, for the purpose of enabling such association to enter and do business in such state, territory or nation; or whenever such mortgage securities are required for the purpose of foreclosure in suit; or whenever any of such mortgages have been fully paid and liquidated. Provided that at no time shall the amount of securities on deposit with the State Treasurer, or with the duly chartered bank or trust company, be of less value than twenty-five thousand dollars.

Applications for the withdrawal of securities as herein provided shall be made by the president, or vice-president and secretary, who shall state under oath the purpose for which the withdrawal of such securities is to be made.

Section 28.

Sections 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 800, 801, 802, 803, 804, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, and 845 of the Civil Code of Montana are hereby repealed.

Section 29. This act shall take effect from and after June 1st 1897. Approved March 4th, 1897.

HOUSE BILL NO. 78.

An Act to Amend Section 1080 of Article II of Chapter IV, Title VIII, of Part II, of the Code of Civil Procedure of the State of Montana, relating to the order of proceedings in the trial of civil actions.

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

That Section 1080 of Article II, of Chapter IV, of Title VIII, of Part II, of the Code of Civil Procedure of the State of Montana, be and the same is hereby amended so as to read as follows:

"Section 1080. When the jury has been sworn, the trial shall proceed in the following order, unless the court for good cause, and special reasons otherwise direct:

1. The party on whom rests the burden of issues may briefly state his case, and the evidence by which he expects to sustain it.

2. The adverse party may then or at the opening of his case, briefly state his defense, and the evidence he expects to offer in support of it.

3. The party on whom rests the burden of issues must first produce his evidence; the adverse party will then produce his evidence.

4. The parties will then be confined to rebutting evidence, unless the court, for good reason, in furtherance of justice, permits them to offer evidence in their original case.

5. When the evidence is concluded unless the case is submitted to the jury on either side or on both sides, without argument, the party on whom rests the burden of proof must commence and may conclude the argument.

6. If several defendants having separate defenses, appear by different counsel, the court must determine their relative order in the evidence and argument.

7. When the evidence is concluded, or at any time before the case is finally submited to the jury, if either party desires special instructions to be given to the jury, such instructions shall be reduced to writing by the party or his attorney asking the same, and delivered to the Court. The court shall either give each instruction as requested, or positively refuse to do so, or give the instruction with a modification, and shall mark or endorse upon each instruction so offered in such manner so that it shall distinctly appear what instructions were given in whole or in part, and, in like manner those refused. All instructions given by the Court must be filed together with those refused, as a part of the record.

8. When the argument is concluded the court shall charge the jury in writing giving in connection therewith, such instructions as are offered and allowed. The charge of the court, the instructions given and the modifications thereof, and the refusal to give instructions shall be deemed excepted to and no bill of exceptions shall be required.

9. In charging the jury the Court shall give to them all matters of law, which it thinks necessary for their information in rendering a verdict."

Approved March 1, 1897.

HOUSE BILL NO. 68.

An Act to amend Section 1632 and 1633 of Chapter VIII, of Title XI, of Part II, of the Code of Civil Procedure of the State of Montana relating to justice of the peace judgments.

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

Section 1. That Section 1632 of Chapter VIII, of Title XI, of Part