persons so employed and assess them, and such assessment is as valid as if made on a verified statement. The person, association or corporation refusing to make such verified statement, forfeits the sum of five hundred dollars, which may be recovered in an action brought in the name of the county.

Section II. The assessor, in case of a failure of a person, corporation or association to pay the road tax in the manner mentioned in this chapter, must seize so much of the property of such person, association or corporation as will be sufficient to pay the road tax and costs, and sell the same as provided in this chapter.

Section 12. Every person paying the special road tax of another may deduct the same from any indebtedness of such other person.

Section 13. The assessor must deliver the special road tax receipt, filled out in the name of the person owing the taxes, to the purchaser of property at any such sale; in other cases he must deliver it, filled out in like manner, to the person paying the tax.

Section 14. On the first Monday in each month the assessor must make oath before the County Clerk of the total amount of special road taxes collected by him during the last preceding month, and at the same time furnish the County Commissioners with a sworn report as to the number of delinquents, and the reasons for such delinquencies, and must, at the same time, settle with the County Clerk for the same, and pay into the County Treasurer's office the total amount of special road taxes collected, which amounts will be placed to the credit of the respective districts fro.n which they were collected.

Section 15. On the first Monday in December of each year the assessor must return to the County Clerk all the special road tax receipts received by him and not used, and must make final settlement with the County Clerk and Treasurer therefor.

Section 16. The County Clerk must, as soon as the settlement is made, return to the Treasurer the receipts not used.

Section 17. The treasurer must credit the County Clerk with the receipts so returned, and must thereupon seal them up securely and deposit them in his office.

Section 18. The assessor must keep a role of the names and local residence, or place of business, of all persons subject to or liable to

special road tax, and if paid, date and amount of each payment, and if not paid, cause of non-payment.

Section 19. The proceeds of the special road tax must be paid to the County Treasurer, as provided by law, for the exclusive use of the special road funds of the county.

Sectoin 20. All Acts and parts of Acts in conflict herewith are hereby repealed.

Approved March 3rd, 1899.

SENATE BILL NO. 30.

An Act Abolishing the Office of Reporter of the Supreme Court, requiring the persons who may be Justices of said Court to Report Decisions, and fixing their duties and their compensations.

Be it enacted by the Legislative Assembly of the State of Montana: Section I. The office of Reporter of the Supreme Court is hereby abolished.

Section 2. The persons who may be, and are, Justices of the Supreme Court, shall report the decisions of the Supreme Court. They shall each receive an annual salary of $1,500, payable in the same manner as are salaries of other State officers, which said salaries shall be in full compensation for the performance of the duties of reporting the decisions of said Court.

Section 3. The persons occupying the positions as aforesaid, shall hereafter perform all the duties heretofore required by law to be performed by the Reporter of the Supreme Court, as provided for by Sections 891, 892, 893, 894, 895, 896 and 897, of Article II, Chapter VI, of the Political Code of the State of Montana, relating to the Reporter of the Supreme Court, and by the provisions of an Act to amend an Act entitled an Act to amend Section 890 of the Political Code of the State of Montana, relating to the appointment, qualification and salary of the Reporter of the Supreme Court, approved March 4, 1897.

Section 4. Nothing in this Act contained shall in any manner be construed in any way to affect any contract in existence at the time of the enactment of this law for the publication of the Montana reports,

made pursuant to the provisions of Section 893 of the Political Code of the State of Montana.

Section 5. All Acts and parts of acts in conflict herewith are hereby repealed.

Section 6. This Act shall take effect from and after its passage.
Approved March 10th 1899

HOUSE BILL NO. 17.

Rec 10-172

An Act, to Provide for the Organization, Government and Control of a Fire Department for Cities and Towns, regulating appointments Thereto, and Providing for the creation of a Disability Fund for the care and Maintenance of Firemen disabled in the line of duty, and to punish Frauds thereon.

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

Section 1. The Council of Cities and Towns shall have power to establish a Fire Department and prescribe and regulate its duties, to maintain a fire-alarm telegraph, to erect engine, hose and hook-andladder houses, and provide engines and other implements and apparatus for the extinguishing of fire.

Section 2. Such Fire Department, when established, by the Council, shall consist of:

One Chief of the Fire Department,

As many Assistant Chiefs of the Fire Department and such number of firemen as the Council may from time to time provide.

The compensation of the Chief of the Fire Department and Assistant Chief of the Fire Department and firemen in cities and towns where the Council shall establish a Paid Fire Department, shall be fixed by ordinance. The Mayor shall nominate and with the consent of the Council appoint the Chief of the Fire Department, the Assistant Chief of the Fire Department and all firemen, and such appointment shall be first made for a probationary term of six months, and thereafter the Mayor may nominate and with the consent of the Council appoint such Chief and Assistant Chief of the Fire Department and firemen who shall thereafter hold their appointment during good behavior, and having the physical ability to perform their duties. The Chief of

the Fire Department and the Assistant Chief of the Fire Department and the firemen shall not be deemed officers of the Municipal Corporation in which such Fire Department is established.

Section 3. The Mayor may suspend the Chief and Assistant or any fireman of the Fire Department for neglect of duty or a violation of any of the rules and regulation of the Fire Department; the Chief of the Fire Department may suspend the Assistant Chief of the Fire Department or any fireman and the Assistant Chief of the Fire Department may suspend any fireman for a like cause.

In all cases of suspension the person suspended must be furnished with a copy of the charge against him in writing, setting forth reasons for the suspension and such charges must be presented to the next meeting of the Council and a hearing had thereon, when the suspended member of the Fire Department may appear in person or by counsel and make his defense to said charges; if such charges are found proven by the Council, the Council by a vote of a majority of the whole Council, may impose such penalty as it shall determine the offense warrants, either in the continuation of the suspension for a time limited, or in the removal of the suspended person from the Fire Department; should the charges be not presented to the next meeting of the Council after the suspension, or should the charges be found not proven by the Council, the suspended person shall be re-instated and be entitled to his usual compensation for the time so suspended.

Section 4.

Should the Council at any time reduce the number of firemen in the Fire Department, those most recently appointed shall be selected for retirement from the Fire Department, and the City or Town Clerk shall keep a list of such retired firemen, and should the number of firemen be again increased by the Council, the men on said list shall be called into service, the longest service firemen being first. selected for service in the Fire Department.

Section 5. The qualifications of firemen shall be that they shall be qualified voters of the City or Town, and not over forty-five years of age, and if there should be any firemen in the existing Fire Department in Cities and Towns whose age is forty-five years or over, the same be retired from service, at the time of their appointment, and shall have pass1 a physical examination by a practicing physician duly authorized to practice in this State, which examination shall be in writing and filed with the City or Town Clerk. Such examination

1

shall disclose the ability of such applicant to perform the physical work usually required of firemen in the performance of their duty.

Section 6. The Chief of the Fire Department shall have sole command and control over all persons connected with the Fire Department of the City or Town and shall possess full power and authority over its organization, government and discipline, and to that end may from time to time establish such disciplinary rules and regulations as he may deem advisable, subject to the approval of the City or Town Council; he shall have charge of and be responsible for the engines and other apparatus, the property of the Town or City furnished the Fire Department, and see that they are at all times ready for use in the extinguishing of fires. The Assistant Chief of the Fire Department shall aid the Chief in the work of the department, and in his absence shall perform his duties.

Section 7. In Cities and Towns where Fire Departments are now established, organized and existing as provided in this act, the same shall be deemed to be established hereunder.

Section 8. There shall be created and established in each city and town where there is an established Fire Department, a fund in the City or Town Treasury to be known as the "Disability Fund" of the fire Department of said City or Town. The Mayor, Clerk and Attorney for such City or Town shall be the Trustees of said Fund, and shall audit the same from time to time at least twice each fiscal year; and no payments shall be made therefrom except upon the order of the Council upon the recommendation of the Trustees in writing to the Council stating the name of the beneficiary, the character of the disability, and where and how received, and the amount to be paid to such beneficiary, and no payments must be made from said funds unless the beneficiary thereof has received the disability for which the payment is made in the line of active duty in such Fire Department; nor shall any of said fund be applied to any purpose whatsoever than the relief of firemen of such City or Town, who may be disabled in line of duty, nor shall such City or Town be liable for such disability, or in any way assume liability thereon, but such fund shall be and remain a fund in such City or Town treasury to be drawn upon by the warrant of the Mayor, countersigned by the Clerk, in such sums as the Trustees shall recommend and the Council allow, until such fund may be exhausted, when no further warrant thereon shall be issued nor any liability on such fund be created. The Disability Fund of the Fire