Appointment and qualification of another treasurer. County treas condition of said office and the funds on hand; or if it shall appear to them that any funds of the county have been embezzled or diverted from their proper channel, or in any way or manner expended or taken from the treasury without authority of law; or that there is or has been any culpable negligence by said treasurer in the keeping of said books, or the care or keeping of the said public moneys, they are hereby empowered, and it is hereby made their duty to forthwith take possession of the books, moneys, and papers and other property of every kind and description belonging to the county, or which came to the possession of said treasurer by virtue of his said office, and appoint another in his place, who shall give bonds to the approval of said county commissioners, and take the oath prescribed by law, which oath shall be taken before an officer authorized by law to administer oaths; which oath and bond shall be filed with the clerk of the board of county commissioners, and thereupon the commissioners shall turn over to such treasurer the books, moneys, papers, and other property and take his receipt therefor, and the said treasurer shall hold his office until his successor shall be elected and qualified. SEC. 6. That each county treasurer shall, at the expiration of each and every quarter, make a settlement with the board of county commissioners of their respecurer to make tive counties, and shall make a quarterly report of all moneys collected for county and territorial purposes, and shall forthwith transmit such report, together with the amount due the territory, to the territorial treasurer. quarterly settlement and report. Statement of each settle ment to be made by chairman of board. Same trans mitted to auditor. SEC. 7. The chairman of the board of county commissioners shall make, or cause to be made by the clerk of the board, a certified statement of each and every quarterly, annual, or final settlement had with said county treasurer, showing the amount collected by said treasurer for territorial purposes; and before the board shall adjourn they shall cause said certified statement to be transmitted to the territorial auditor. SEC. 8. If any territorial or county treasurer shall re fuse to comply with the demand of the officer or officers hereby empowered to examine their books, moneys, and papers, for shall wilfully seek or endeavor for any period of time whatever to delay such delivery or examination, or shall refuse to comply with the demand of the governor herein provided for, or the demand of the county commissioners herein provided for, to deliver up any books, moneys, papers, or other property belonging to their respective offices, upon receiving notice of their removal, he shall be deemed guilty of a felony, and, being thereof convicted, shall be punished by imprisonment in the territorial prison for a period not less than six months nor exceeding five years. Oath admin SEC. 9. That for the purpose of more fully making such examination, such commissioners shall cause said treasurer to make oath before some person authorized to administer oaths, that the money he represents to said istered to commissioners, belongs to the county, and shall also cause a similar oath to be administered to the person or managers of corporations with whom such moneys may be deposited. SEC. 10. This act shall take effect and be in force from and after its passage. Approved February 15th, 1877. treasurer. WARRANTS—COUNTY. AN ACT to repeal section 1 of an act entitled "An Act concerning county warrants, and for other purposes." Be it enacted by the Legislative Assembly of the Territory of Montana : SECTION 1. That section 1 of an act entitled "An Act concerning county warrants and for other purposes," approved January 11th, 1872, be and the same is hereby repealed. Approved February 9th, 1877. to sale of sur plus water. WATER RIGHTS. AN ACT to regulate the sale of water and encourage the pursuits of industry. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That any person or persons, company or corporation, having the right to use, sell, or dispose of water, and engaged in using, selling, or disposing of the same, who shall have a surplus of water not used, or sold, or any person or persons, corporation or company, having a surplus of water and the right to sell and disRegulation as pose of the same, shall, and they or it are hereby required, upon the payment or tender to the person or persons entitled thereto, an amount equal to the usual and customary rates per inch, to convey and deliver to the person or persons, company or corporation, such surplus of unsold water, or so much thereof for which said payment or tender shall have been made, and shall continue so to convey and deliver the same weekly so long as said surplus of unused or unsold water shall exist and said. payment or tender made as aforesaid. Manner in which persons may avail them SEC. 2. That any person or persons, corporation or company, desiring to avail themselves of the provisions of this act, shall, at their own cost and expense, construct or dig the necessary flumes or ditches to receive and convey the surplus water so desired by it or them, and shall pay or tender to the person or persons, corporation or company having to the right to the use, sale, or disselves of the posal thereof, an amount equal to the necessary costs and expense of tapping any gulch, stream, reservoir, ditch, flume, or aqueduct, and putting in gates, gauges, or other proper and necessary appliances usual and customary in such cases, and until the same shall be so done the delivery of the said surplus water shall not be required as provided by section 1 of this act. provisions of this act. SEC. 3. That any person or persons, corporation or company, constructing the necessary ditches, aqueducts, or flumes, and making the payments or tenders herein before provided, shall be entitled to the use of so much of the said surplus water as said ditches, flumes, or aqueducts shall have the capacity to carry and for which payment or tender shall have been made as aforesaid, with all the rights and privileges incidental thereto so long as said unsold or surplus water exists and said payment or tender shall be or have been made, and may institute and maintain any appropriate action at law or in equity for the enforcement of such right or recovery of damages arising from a failure to deliver or wrongful diversion of the same. SEC. 4. That nothing in this act shall be so construed as to give the person or persons, corporation or company, acquiring the right to the use of water as hereinbefore provided, the right to sell or dispose of the same after being so used by it or them, or prevent the original owner or proprietor from re-taking, selling, and disposing of the same in the usual and customary manner, after it is so used as aforesaid. SEC. 5. This act to take effect and be in force from and after its passage. Approved February 16th, 1877. WOOLEN MANUFACTORIES. AN ACT to encourage the manufacture of woolen fabrics in the territory of Montana. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. The first woolen factory that shall be erected and operated in the territory of Montana of proper construction and sufficient capacity for the production of flannels and blankets, shall be exempt from all taxation for the term of six years from the date of the completion of such factory; the said factory shall be deemed completed at the time of manufacturing the first fabric. Term "wool SEO. 2. The term "woolen factories," used in this act, is hereby defined to include and embrace the building or buildings and lands connected therewith, together en factory" with all machinery used in or about the same, or in any wise necessarily connected therewith, and all water rights, ditches, flumes, reservoirs, and all stock on hand unsold, whether the same be raw or manufactured. defined. Notice of in tention to SEC. 3. That any person or corporation filing with the auditor of the territory the first notice of his or their intentions to erect and operate a woolen factory within two years from the date of filing said notice, shall have the term of six months from the time of filing the notice erect woolen aforesaid to complete arrangements and obtain the necessary machinery for the erection of said factory; and at or before the expiration of the said six months said person or corporation shall commence the erection of said factory and shall prosecute the work thereupon with due diligence until the same shall be completed. factory. SEC. 4. Any person or corporation that shall first file the notice provided for in section 3 of this act, and shall Preference proceed to erect and complete said factory in manner proson first filing vided therein, this act shall have the effect to give prefcomplying erence to such person or corporation under this act for the term of six months after the date of filing the afore given to per notice said notice. SEC. 5. All acts and parts of acts in conflict herewith be and the same are hereby repealed. Approved February 14th, 1877. |