shall appear to be danger of the removal of propDuty of treas- erty on which taxes are unpaid, from the county, to of property be- seize and sell a sufficient amount of the same to sating removed.

urer if danger

isfy the taxes thereon, together with the costs of

seizure and sale.

Sec. 2. This act shall take effect and be in force from and after its passage. Approved Febuary 10th, 1874.

Amount of tax

and collected

REVENUE.

AN ACT to amend an act entitled "An Act providing for the collection of revenue," and to repeal section one, of said act.

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

That section one, of an act entitled "An Act providing for the collection of revenue," passed January 12th, 1872, he so amended as to read as follows:

Section 1. There shall be levied annually by the board of county commissioners of each county in es to be levied this territory, and collected by the county treasurer annually. of such counties, an ad valorem tax, on each dollar of assessed valuation on all property in this territory, subject to taxation, for territorial purposes, on each dollar, three mills; for county purposes on each dollar, any sum not exceeding sixteen mills; and for school purposes, not less than three, nor more than five mills; and for the benefit of the poor, not less than one, nor more than five mills; and such on books of levy, when made, shall be entered on the books of county com said commissioners, and in any county where the levy for the current year has been made, the county commissioners of each county shall, at their meeting, proceed to levy such taxes as they are herein

Amount levied to be entered

missioners.

When levy to be made.

.

authorized to levy, unless they at their Janury meeting have levied the same.

Sec. 2. That section one of said act be and the same is hereby repealed.

Sec. 3. This act to take effect on and after its

passage.

Approved February 9th, 1874.

ROADS AND HIGHWAYS.

AN ACT in relation to roads and highways.

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

County roads sion of county commissioners.

Section 1. That all county roads shall be under the supervision of the board of county commissioners under supervi of the county wherein the said road is located, and not county road shall be hereafter established, nor shall any such road be altered or vacated in any county in this territory, except by authority of the county commissioners of the proper county.

for county

Sec. 2. All applications for laying out, altering, or locating county roads, shall be by petition to the Applications county commissioners of the proper county, signed roads. by at least twelve householders of the county, residing in the vicinity where said road is to be laid out, altered, or located, which petition shall specify the place of beginning, the intermediate points, if any, and the place of the limitation of said road.

Sec. 3. When any petition shall be presented for the action of the county commissioners for the laying out, alteration, or vacating of any county Notice for aproad, it shall be accompanied by satisfactory proof plication. that notice has been given by advertisement, posted on the front door of the county clerk's office, and also in three public places in the vicinity of said

road or proposed road, thirty days previous to the presentation of said petition to the county commissioners, notifying all persons concerned that application will be made to the said county commissioners, at their regular session, for laying out, altering, or vacating such road, as the case may be.

Sec. 4. Upon the presentation of such petition, Appointment and proof that notice has been given, as provided of viewers and in the last section, the county commissioners shall,

surveyors.

ors.

if they deem the proposed road or alteration of public utility, appoint three disinterested householders of the county as viewers of said road, and a skillful surveyor to survey the same, if deemed necessary by the county commissioners, and shall issue an order directing said viewers and surveyor, if appointed, on a day to be named in said order, or on their failing to meet on said day, within five days thereafter, to view, survey, if so ordered, and lay out or alter said road.

Sec. 5. That it shall be the duty of the viewers Du'ies of view. and surveyors, appointed as aforesaid, after receivers and surveying at least five days previous notice by one of the petitioners, to meet at the time and place specified in the order of the county commissioners aforesaid, or within five days thereafter, and after taking an oath or affirmation, faithfully and impartially to discharge the duties of their appointments, shall proceed to view, survey if necessary, and lay out or alter said road, as prayed for in the petition, as near as in their opinion a good road can be made at a reasonable expense, taking into consideration the utility, convenience, inconvenience, and expense which will result to individuals as well as to the public, if such road shall be established and opened or altered. The surveyor, if appointed, shall survey, under the direction of the viewers, and shall make out and deliver to one of the viewers a certified return of the survey of said road, and a plat of

the same; and the viewers, or a majority of them,

road.

shall make and sign a report in writing, stating Report of viewtheir opinion in favor of or against the establish- ers. ment or alteration of such road, and set forth the reasons of the same, which report, together with the plat and survey of said road or alteration, if made, shall be delivered to the county clerk by one of the viewers, on or before the first day of the session of the board of county commissioners next ensuing; and it shall be the duty of the county commissioners, on receiving the report of the viewers aforesaid, to cause the same to be publicly read on two different days of the same meeting, and if no remonstrance or petition for damages be filed, and the county commissioners being satisfied that opening of such road will be of public utility, will order the report of the viewers, survey, and plat to be recorded, and from thenceforth said road shall be considered a public highway, and the commissioners shall issue an order directing said road to be opened. Sec. 6. That in all cases where any oath or affirmation is required to be taken by any person under Oath of viewthe provisions of this act, the same may be admin-ers when road istered by one of the viewers, who has been previously sworn: Provided, that it shall not be necessary to survey any county road, new road, or alteration in roads, if the county commissioners so direct. Sec. 7. If any person through whose lands any county road may be viewed or marked out, shall feel that he or she would be injured by the opening of claimed. the same, such person may make complaint thereof in writing to the county commissioners at the time the report of the viewers appointed to view said road is received; and if such complaint be made, the county commissioners shall appoint three disinterested householders of the county, who shall meet at such time as may be designated by the commis

not surveyed.

When damages

appointed to

port.

sioners, or at such time as may be agreed upon by Commissioners such householders, and after having been duly assess and re- sworn or affirmed to discharge their duty faithfully and impartially, shall proceed and view said proposed road the whole distance through the premises of the complainant, and assess and determine how much less valuable such premises of the complainant would be rendered by the opening of said road, and they shall report the same in writing to the county commissioners at the next regular session.

Damages, how paid.

assessment

of

Sec. 8. If the county commissioners are satisfied that the amount of damages so assessed is just and equitable, and that the proposed road will be of sufficient importance to the public to cause the damages so assessed and determined to be paid by the county, the commisioners shall order the same to be paid to the complainant out of the county road fund; but if in the opinion of the county commissioners such proposed road is not of sufficient importance to the public to cause damages to be paid by the county, they shall refuse to establish the same as a public highway, unless the expense or damages, or such part thereof as they may think proper, shall be paid by the petitioners.

Sec. 9. Any complainant who may conceive Appeal from himself aggrieved by the assessment of damages as damages. prescribed in the last two sections, may, within thirty days after such report is adopted by the county commissioners, appeal therefrom to the district court of the proper county; such appeal shall be taken to the district court in the same manner as appeals from justices of the peace, and if the appellant shall fail to recover a judgment for fifty dol las more than the amount appealed from, he shall pay all costs of appeal.

Sec. 10. All county roads shall be sixty feet in Width of roads. width, unless the commissioners shall, upon the