shall in no way release the bond heretofore provided for, but the sureties thereon, upon the forfeiture of such lease shall have the right upon the payment by them, without suit, of their obligation, to have the lease transferred to them for their own use and benefit, upon the records of the State Land Office, in place of the lessee.

Section 3490. Whenever any State lands have been exposed for sale and lease at auction, any lots or tracts remaining unsold or unleased, the Register may sell or lease them to any person thereafter making application therefor, subject to the same terms and conditions as though the applicant were the successful bidder at a public sale and leasing. Provided, That all sales under the provisions of this section, to be valid shall require the approval of the Board.

Section 3491. The lessee of State Lands who has fully complied with the terms of his lease, shall have a preference right to re-lease any of such lands at the expiration of his lease, in the following manner: He shall make a written application under oath, certifying as to the character and value of the improvements placed thereon, and the amount bid for the re-lease of the same, which bid shall be accepted, if deemed sufficient and for the best interest of the State, by the Register, who shall, upon the receipt of the first year's rental, issue a new lease to such bidder as in other cases. Provided, that if there are other offers made for the re-lease of the land, the old lessee shall have the right to lease the land at the highest bid offered. Provided, further, that in case the land is offered for sale or lease at public auction, the old lessee need not make a higher bid than others, but shall if bidding an equal amount be given the preference.

Section 3493. At any time during the existence of a lease the lessee may, with the consent of the Board first obtained, by written application showing the cost and benefits to be derived thereby, purchase or acquire a water right in order to irrigate the land leased by him, and if such water right shall become a valuable and permanent improvement, then, in case of the sale or lease of such lands to other parties, the old lessee shall be entitled to receive the value thereof as in case of other improvements which he may place upon said land.

Section 3494. Whenever any lessee of state lands having improvements thereon fails to renew his lease and the land is purchased or leased by others, he shall be entitled to receive from the purchaser or the new lessee the appraised value of the improvements placed by him.

thereon, which improvements shall include only the buildings, fencing, a well and water or irrigation ditches, except in case the lessee has, by consent of the Board, entered upon its minutes, cleared the land, in which case the stipulated cost of the clearing may be added, and the Register shall not issue certificate of purchase, or new lease, as the case may be, until the old lessee has been paid the appraised value thereof, or has elected to remove them; Provided, however, that the original lessee may elect to accept the appraised value of the improvements or remove them, within ninety days from the expiration of his lease.

Section 3495. All lessees having improvements on State lands and who do not wish to re-lease the same, have the privilege of, disposing of, or removing such improvements as are capable of removal without damage to the land, at any time within ninety days from the expiration of their lease, after which period all that remain shall become the property of the State, unless such period be extended by the Register for good cause shown.

Section 3496. It is hereby made a part of the official duties of the County Attorneys of the several counties, at the direction of the Board, to prosecute all actions in their respective counties, upon the bonds given by lessees or purchasers under the provisions of this Act, or for the recovery of the possession of any State lands, or for their use and occupation.

Section 3497. Any person who shall fence or occupy any State lands without legal right, after the same shall have been appraised and offered for sale or lease, is liable for, and shall pay to the State of Montana, for the benefit of the fund to which that land belongs, treble the amount of the rental fixed by the Board of Land Commissioners for said land, and suit shall be brought in the name of the State of Montana for recovery thereof.

Section 3498. All moneys belonging to the Permanent School and Permanent University Funds must be invested:

Ist. In bonds of the State of Montana or of the United States. 2nd. State.

In interest bearing warrants upon the general fund of the

3rd. In such bonds of the several counties and cities of the State as the Board deems most safe and secure.

4th. In bonds of school districts within the State of Montana, pro

vided, that before any such moneys are so invested, the Board must be satisfied that the bonds, so to be negotiated, are the only bonds issued by the school district, and that the outstanding indebtedness of such district, does not exceed, three per cent upon valuation of the property within it.

5th. Bonds of the several institutions of the State of Montana issued under the authority of the State, and secured by their respective land grants.

Section 3506. The State Board of Land Commissioners are hereby empowered to accept, in the name of the State of Montana, by deed of sale or a gift, or by the operation of law, any lands of whatsoever nature, and said lands shall be appraised, managed, leased or sold in the same manner, as is prescribed herein for granted lands, and the proceeds of the lease or sale of all such lands shall be turned into the general school fund in the manner prescribed by law, or shall be applied to such specific purpose as may be designated by any grantor or testator.

Section 3507. Right of way may be granted by the Board of Land Commissoiners over public lands to any county or city desiring to construct a public road across the same, Provided, that a duly attested and sworn copy of the official plat, made by the official county or city surveyor or engineer, shall first be filed with the Board, together with a petition from the county or city officials setting forth the reasons for the same, and the aforesaid plat, when approved by said Board shall be and form the official plat of said road, and the said plat shall show the amount of land taken up by the proposed road, and shall show the remainder of land in each portion of each legal subdivision bisected by said proposed road, and said plat shall be retained in the State Land Office.

Section 3. All Acts or parts of Acts inconsistent with this Act are hereby repealed.

Approved March 1st 1899.

SENATE BILL NO. 95.

An Act to amend Section 311 and to repeal Section 312, of Article XII, Title I, Part III, of the Political Code of the State of Montana, relating to the printing of reports of State Officers and Boards.

Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 311 of the Political Code of the State of Montana, be, and the same is hereby amended to read as follows:

Section 311. No report of State officers or boards shall hereafter be printed or published oftener than once in two years which shall be in the month of December prior to the convening of the regular session of the Legislature, except by the order of the State Board of Examiners, and the number of copies of each report to be printed shall be determined by the State Board of Examiners.

Section 2. That Section 312 of the Political Code of the State of Montana, be and the same is hereby repealed.

Section 3. All Acts and parts of Acts in conflict herewith are hereby repealed.

Approved March 7th 1899

SENATE SUBSTITUTE FOR HOUSE BILL NO. 34. An Act to Amend Section 4646, Chapter IV, Title II, Part IV, Of The Political Code of The State of Montana, Relating To Juror's Fees. Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. That Section 4646, Chapter IV, Title II, Part IV, of the Political Code of the State of Montana, be and the same is hereby amended so as to read as follows:

Section 4646. Except as hereinafter provided, a juror must be paid for each day's attendance for the term or session for which he was summoned, until excused. He must not receive any compensation for Sundays or legal holidays, and a juror who resides within ten (10) miles from the county seat must not receive any compensation for any day when the court is not actually in session, or if in session, is engaged in the trial of a case in which the juror is not empaneled or is engaged in other business, and the juror has been temporarily excused from attendance on court;

Provided, however, that in counties of the first class a juror must be paid for each day's attendance for the entire term, session or period for which he was summoned, or until excused, except that he must not receive compensation for Sundays or legal holidays.

Section 2. All Acts and parts of Acts in conflict herewith are hereby repealed.

Approved March 3rd 1899

SENATE BILL NO. 78.

An Act To Protect The Owners Of Horses And To Cause The Inspection Of The Same:

Amended 1793-190

Be it enacted by the Legislative Assembly of the State of Montana : Section. I. From and after the passage of this Act it shall be tuned duty of any and all persons removing or taking from this state in any manner whatsoever, any horse, mule, mare, colt, foal or filly, to cause the same to be inspected by a stock inspector or the sheriff of the county from which such stock is to be removed as hereinafter provided.

Section 2. On receiving notice from any person that he desires tensed

remove or take from this state to be sold or used outside of this State any of the class of animals named in section 1, it shall be the duty of any stock inspector or the sheriff of the County from which such animals are to be taken immediately to inspect the same, by carefully noting the brands upon such animals and otherwise describing such of said animals as may have no brands, and to keep a record of all such inspections in a book, to be provided for that purpose by the County Commissioners of each county. Such description shall con

tain:

I. The brands of all animals branded, and a description of animals not branded.

2.

The number of animals inspected for removal.

3. The name of the owner or person removing the same.

The date of such inspection, with destination to which such animals are to be taken.

If in the opinion of the officer making the inspection, the person

1901