be filled, in case they do not serve, as provided by law in other elections. Said election shall be held, and returns thereof be made and certified, in all respects as provided by law for the election of members of the Legislative Assembly. A copy of said returns of said election shall be delivered to the commissioners, who shall canvass the same within three days from the time received, and the persons receiving the highest number of votes for the several officers to be elected under this act, and the aldermen for each ward, shall be declared by said commissioners, or any two of them, duly elected to said offices. If two or more persons shall, at said election, receive the same number of votes for one of said officers [offices], the commissioners shall determine the same by lot. Thereafter, on the first Monday in each May, each annual election shall take place. Sec. 5. That, after the organization of the city council, all authority which by special enactments has been conferred on the board of county commissioners of Lewis and Clarke county, or the treasurer thereof, with sole reference to the administration of municipal authority in, and disbursement of funds for the benefit of, said Helena, is, and the same shall then be, vested in said city council. Approved February 21, 1879. AN ACT to provide for the payment by Deer Lodge county of certain expenses incurred during the Nez Perces war of 1877. Be it enacted by the Legislative Assembly of the Territory of Montana: Section I. That for auditing and payment of certain indebtedness incurred by volunteer officers in Deer Lodge county, in equipping and subsisting their men under the call of Gov. B. F. Potts for volunteers during the Nez Perces war of 1877, a claims commission consisting of three members be, and is hereby, appointed to investigate and audit said claims for use of property, supplies and subsistence, and for property receipted for by them and not returned to the owners, which claims shall be presented under oath, setting forth their correctness and the value of said use of property, supplies, subsistence or property. And upon the approval of any of said claims by the claims commission, herein after appointed, or by a majority of said commission, and their certificate that the claim is correct and just, the board of county commissioners of Deer Lodge county are authorized and required to issue a warrant, on the general fund of said county for the amount certified by the claims commission: Provided, That in no case shall the aggregate amount of said claims allowed, or the warrants issued under this authority, exceed the sum of three thousand dollars: And provided further, That the said claims commission shall have power to reject, or diminish, any or all claims presented. Sec. 2. The claims commission herein provided for shall consist of Howard H. Zenor, W. Egbert Smith, and Joseph K. Clark, and the commission shall have power to fill any vacancy occurring in its membership. Sec. 3, The claims commission shall hold its first meeting in the court house at Deer Lodge city on the third Monday of April, A. D., 1879, and shall cause to be published, for three consecutive weeks preceding such meeting, in one or more newspapers published in Deer Lodge county, a notice giving the date and place of said meeting, and notifying claimants to present their claims on that day. Sec. 4. The commission shall hold its second, and last, meeting at the court house in Deer Lodge city, on the third Monday in May, A. D. 1879, and any and all claims not presented to the commission on or before that day shall be excluded from any benefit under this act. Sec. 5. The members of this commission shall receive the same compensation per day as is now allowed to county commissioners, and shall be paid in warrants on the contingent fund of Deer Lodge county, but no mileage shall be allowed, nor either session of the commission exceed three days in duration. Sec. 6. The expenses for per diem, publication, and all other expenses to be incurred by said commission in auditing said claims, shall be audited and paid by the county commissioners of Deer Lodge county, and in no event shall exceed the sum of two hundred dollars. Sec. 7. The county commissioners of Deer Lodge county shall pay no claims until after the last meeting of the commissioners as provided in section 4 of this act, and after all claims certified by such commission have been duly received by the board of county commissioners; and in event the aggregate amount of all claims so certified by such commission shall exceed three thousand dollars, then the county commissioners shall pay said claims pro rata to the extent of said three thousand dollars, and no more. Approved February 21, 1879. AN ACT to authorize the probate judge of Deer Lodge county, Montana Territory, to convey certain property. Be it enacted by the Legislative Assembly of the Territory of Montana: Section. I. That the probate judge of Deer Lodge county, Montana Territory, is hereby authorized and directed to make, sign, seal, acknowledge, and deliver to the Montana Collegiate Institute, a corporation in the Territory of Montana, a good and sufficient deed conveying to the said Montana Collegiate Institute blocks numbered forty-two, forty-three, forty-four, forty-five, fiftysix and fifty-seven, in the town of Deer Lodge, Deer Lodge county, Montana Territory, according to the official plat and survey of said town of Deer Lodge now on file in the office of the county clerk and recorder of Deer Lodge county, Montana Territory; also, all grounds intervening between said blocks forty-two, forty-three, forty-four, and forty-five, and intersecting the same, and designated on said plat of said town as portions of F and Sixth streets, and the alleys in each of said last named blocks: Provided, Such conveyance so made by said probate judge shall not, in any manner, interfere with, or divest, any vested right of any individual, corporation or company, in or to any portion of the property hereinbefore described. Sec. 2. The conveyance mentioned and required to be executed in section 1 of this act, shall be executed by the probate judge, as trustee, as provided in chapter LVII, of “An act revising, re-enacting, and codifying the general and permanent laws of Montana Territory," approved January 12, 1872. Approved February 21, 1879. AN ACT to provide for the support and maintenance of the Philipsburg fire department. Be it enacted by the Legislative Assembly of the Territory of Montana : Section I. That the county commissioners of Deer Lodge county be, and they are hereby, authorized to levy a special tax, not to exceed two mills on the dollar of the assessable property within the limits of the fire district defined in section 7 of this act, for the support and maintenance of the Philipsburg fire department. 'Sec. 2. That the said county commissioners shall, at the next regular meeting in March, A. D. 1879, levy said tax for the year 1879, and thereafter it shall be levied in the same manner and at the same time as are the general taxes of said county. Sec. 3. It is hereby made the duty of the county treasurer of Deer Lodge county to collect said tax, in the same manner, and at the same time, as other taxes are collected. Sec. 4. This tax shall be known as the Philipsburg fire tax, and shall be paid by the county treasurer to the treasurer of the Philipsburg fire association. Sec. 5. That the treasurer of said fire association, before any of said tax shall be paid to him as hereinbefore provided, shall file in the office of the county clerk of Deer Lodge county a bond executed to the board of county commissioners of Deer Lodge county, with two or more sufficient sureties to be approved by said board of commissioners, in such penal sum as they may direct, conditioned that he will faithfully and honestly pay out and disburse all moneys that may be paid by virtue of his office under the order of said fire association. Sec. 6. It is hereby made the duty of the treasurer of said fire association to make a fair, correct, and complete, statement of his receipts and expenditures as such treasurer to the board of county commissioners at their annual meeting, or at such times as they may direct. Sec. 7. That the limits of the Philipsburg fire district extend from the foot of the grade on the lower road to Flint creek on the west, and one mile south of Main street, and one mile north of Main street, Philipsburg. Sec. 8. This act shall be in force from and after its passage. AN ACT to pay certain indebtedness. Be it enacted by the Legislative Assembly of the Territory of Montana: Section I. That the board of county commissioners of Lewis and Clarke county, in addition to the authority heretofore conferred upon them, may, if there is no money in their hands applicable thereto, and none has been levied to pay any fire warden for the town of Helena, which they have heretofore appointed, proceed at their next, or some subsequent, session to levy a tax to pay such indebtedness, not exceeding one-tenth of one mill on the dollar on the assessed valuation of property in said Helena, and, when raised, to pay any existing indebtedness for such service heretofore actually rendered by any fire warden, so appointed by them; but the amount so to be paid shall not exceed two hundred and fifty dollars; and if more money shall be raised under said assessment the same shall be paid into the treasury of the fire department of said Helena. Approved February 21, 1879. AN ACT to provide compensation for the fire warden for the town of Helena. Be it enacted by the Legislative Assembly of the Territory of Montana : Section I. That from and after the passage of this act the fire warden in and for the town of Helena, in said Territory, shall be appointed by the chief engineer, assistant chief engineer, treasurer, and secretary of the Helena fire department, or a majority of them, at such times as they may deem necessary; and such fire warden shall receive a compensation not to exceed twenty-five dollars per month, to be by them fixed and allowed from time to time, as they shall deem best, which compensation shall be paid out of the annual fire tax in the same manner as other expenses of said Helena fire department are paid. [The foregoing act having been presented to the governor of Montana Territory, on the thirteenth day of February, 1879, for his approval, and not having been returned by him to that House of the Legislative Assembly in which it originated, within the time prescribed by section 1842, chap. 1, title XXIII, Revised Statutes of the United States, has become a law without his approval.] |