for work and labor, the priority of the liens shall be determined as hereinbefore provided.

Section 13. No mistake or error in the statement of the demand, or of the amount of credits and offsets allowed, or of the balance asserted to be due to claimant, nor in the description of the property against which the claim is filed, shall invalidate the lien, unless the court finds that such mistake or error in the statement of the demand credits and offsets or of the balance due was made with the intent to defraud or the court shall find that an innocent third party without notice, actual or constructive, has, since the claim was filed, become a bona fide owner of the property liened upon, and that the notice of claim was so deficient that it did not put the party upon further inquiry in any manner.

Section 14. It shall be conclusively presumed by the court, that a party purchasing the property liened upon within the thirty days given herein to claimants wherein to file their liens, is not an innocent third party, nor that he has become a bona fide owner of the property liened upon, unless it shall appear that he has paid full value for the said property and has seen that the purchase money of the said property has been applied to the payment of such bona fide claims, as are entitled to liens upon the same property under the provisions of this Act, according to the priorities herein established.

Section 15. Any number of persons claiming liens under this Act may join in the affidavit in Section 12 of this Act, provided, and may join in the same action and when separate actions are commenced the court may consolidate them. The court shall also allow as parts of the costs the money paid for filing making and recording the claim, and a reasonable attorney's fee for each person claiming a lien.

Section 16. In each civil action judgment must be rendered in favor of each person having a lien for the amount due to him, and the court or judge thereof shall order any property subject to the lien herein provided for to be sold by the sheriff of the proper county in the same manner that personal property is sold on execution, and the court or judge shall apportion the proceeds of such sale to the payment of each judgment, according to the priorities established in this act pro rata in its class, according to the amount of such judgment.

Section 17. The court or judge may order any property subject to a lien as in this Act provided, to be sold by the sheriff as personal property is sold on execution either before or at the time judgment

is rendered, as provided in section next preceding and the proceeds of such sale must be paid into court to be applied as in said section directed.

Section 18. Any person who shall eloign, injure or destroy, or who shall render difficult, uncertain or impossible of identification any saw logs, piling, railroad ties, cord wood, shingles, or other timber upon which there is a lien as herein provided, without the express consent of the person entitled to such lien, shall be liable to a lien holder for the damages to the amount secured by his lien, and it being shown to the court in a civil action to enforce said lien, it shall be the duty of the court to enter a personal judgment for the amount in such action against the said person, provided he be a party to such action or the damages may be recovered by a civil action against such person

Section 19. All laws or parts of laws inconsistent with the provisions of this Act are hereby repealed.

Approved Feb 20th 1899

HOUSE BILL NO. 7.

An Act entitled An Act providing a lien for boarding and lodging house Keepers, and to amend Section 2502 of the Civil Code, and repeal Section 2511 of the Civil Code.

Be it enacted by the Legislative Assembly of the State of Montana: Section I. That Section 2502 of the Civil Code be amended so as to read as follows, to-wit:

"Section 2502. Hotel men, boarding house and lodging house keepers shall have a lien upon the baggage and other property of value brought into such hotel, inn or boarding or lodging house, by such guest or boarder or lodger, for their accommodation, board or lodging and room rent and such extras as are furnished at their request, with the right to the possession of such baggage or other property of value, until all such charges are paid. "Provided, however, that nothing herein contained shall be construed to give a lien upon property sold on the installment plan and title to which is to remain in the vendor until final payment."

Section 2. That Section 2511 of the Civil Code be and the same is hereby repealed.

Section 3. approval.

This Act shall be in force from and after its passage and

Approved Feby 16th 1899.

SENATE BILL NO. 23.

An act to amend Section 4241, Article III, Chapter II, Title II, Part IV, of the Political Code of Montana, relating to the issuance and execution of county bonds..

Be it enacted by the Legislative Assembly of the State of Montana : Section I. That Section 4241, Article III, Chapter II, Title II, Part IV, of the Political Code of Montana, be amended so as to read and shall be numbered as follows:

Section 4241. The Board must fix the denomination of each bond, issued under this Article, and prescribe the form thereof: and each bond and all coupons attached thereto must be signed by the Chairman of the Board and the Treasurer of the County: and each bond and coupon must be countersigned by the County Clerk, and each bond. sealed by him. Provided, a lithographic or engraved fac-simile of the signatures of the Chairman of the Board, Treasurer and County Clerk may be affixed to the coupons, only, when so recited in the bond. Each bond issued must be registered by the County Treasurer in a book provided for that purpose, which must show the number and amount of each bond, and when and to whom issued.

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

Section 3. This Act shall be in full force and effect on and after its passage and approval.

Approved Feb. 22nd 1899

130

HOUSE BILL NO. 1.

An Act entitled "An Act to amend Section 592 of the Code of Civil
Procedure of Montana, relating to property held in Joint tenancy
and tenancy in common."

Be it enacted by the Legislative Assembly of the State of Montana :
Section I. That Section 592 of the Code of Civil Procedure of
Montana, be and the same is hereby amended so as to read as follows:
"Section 592.
If any person shall assume and exercise exclusive
ownership over, or take away, destroy, lessen in value, or otherwise
injure or abuse any property held in joint tenancy, or tenancy in com-
mon, the party aggrieved shall have his action for the injury in the
same manner as he would have if such joint tenancy or tenancy in com-
mon did not exist.

Provided: That nothing herein contained shall prevent one co-tenant or joint tenant, or any number of co-tenants or joint tenants acting together less than all, from entering on the common property at any point or points not then in the actual occupancy of the non-joining co-tenants or joint tenants and enjoying all rights of occupancy of the property, without waste; and in the case of mining property, from mining the same in a minerlike manner, and extracting, milling and disposing of the ore from the common property, paying its or their own expenses, and subject to accounting to the non-joining co-tenant or joint tenant for the net profits of such mining operations, if any made; and all liens for labor and materials incurred in such mining shall attach only to the undivided interest or interests of the working co-tenants or joint tenants, but nothing herein shall prevent or preclude the co-tenant or joint tenant, not joining in the operation of such mining property from receiving his, its, or their proportionate share of all ore or ores on the dump upon payment or tendering pay. ment of the actual cost of mining the same."

Approved Feb 28 1899 81-145

SENATE BILL NO. 104.

An Act to Amend Section 2211, of Title VII, of Chapter I, of Part III, of the Code of Civil Procedure of the State of Montana, relating to the right of eminent domain.

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

Sectoin I. That Section 2211 of Title VII, of Chapter I, of Part III, of the Code of Civil Procedure of the State of Montana, be amended so as to read as follows:

Section 2211. Subject to the provisions of this Title,the right of eminent domain may be exercised in behalf of the following public

uses:

I. All public uses authorized by the Government of the United States.

2. Public buildings and grounds for the use of the State, and all other public uses authorized by the Legislative Assembly of the State.

3. Public buildings and grounds for the use of any county, city, or town, or school district; canals, aqueducts, flumes, ditches, or pipes conducting water, heat or gas for the use of the inhabitants of any county, city, or town; raising the banks of streams, removing obstructions therefrom, and widening, deepening, or straightening their channels; roads, streets and alleys, and all other public uses for the benefit of any county, city or town, or the inhabitants thereof, which may be authorized by the Legislative Assembly; but the mode of apportioning and collecting the costs of such improvements shall be such as may be provided in the statutes or ordinances by which the same may be authorized.

4. Wharves, docks, piers, chutes, booms, ferries, bridges, of all kinds, private roads, plank and turnpike roads, railroads, canals, ditches, flumes, aqueducts and pipes for public transportation, supplying mines, mills and smelters for the reduction of ores and farming neighborhoods with water, and draining and reclaiming lands, and for floating logs and lumber on streams not navigable, and cites for reservoirs, necessary for collecting and storing water.

5. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines, mills or smelters for the reduction of ores; also outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines, mills and smelters for the reduction of ores;