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missioners not

toll collected.

TOLL ROADS AND BRIDGES.

AN ACT in relation to toll roads and bridges.

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

Section 1. That the county commissioners of the County com-several counties of the Territory of Montana shall to authorize not be permitted to authorize any person or persons, company or corporation to collect toll on any road or bridge for the benefit of such person or persons, company or corporation.

Contracts for

Sec. 2. If there shall be any contract or agreetoll annu led. ment between county commissioners and any person or persons, company or corporation by which the same collect toll, such contract or agreement is hereby revoked and made null and void.

chartered declared free pub

Sec. 3. All public roads or highways claimed by Toll roads not any person or persons, company or corporation, on I which toll is collected or taken without having a lic highways. charter for the same, granted by the legislative assembly of the Territory of Montana, may be taken possession of by the county commissioners of the county in which the same may be; which road shall thereafter be a free public highway.

fusing to sur

structing public road.

Sec. 4. Any person or persons, company or corPenalty for re- poration who shall refuse to surrender such road to render or ob- the county commissioners of the county in which the same may be, for the use and benefit of the public travel, or shall in any way obstruct or cause to be obstructed, destroy or cause to be destroyed any such road, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not less than one hundred dollars, or more than one thousand dollars, or imprisonment in the county jail not less than three months, or more than one year, or both such fine and imprisonment at the discretion of the court.

Franchise of

forfeited, re

repair.

terfering with

Sec. 5. Any person or persons within this territory, now in the possession of any road or bridge as agent of any corporation, or as owner of any franchise thereon, who shall permit the same to become road or bridge and remain out of repair, shall forfeit such fran-maining out of chise; and any such agent or owner who shall obstruct or impair any such road or (any) bridge Penalty for inthereon or shall interfere with any such bridge so road or bridge. that the same shall not be convenient and safe for all public travel, shall be deemed guilty of a misdemeanor and on conviction thereof, shall be punished by a fine, not exceeding one thousand dollars, or by imprisonment not excceding six mouths; or by both such fine and imprisonment; and all roads, highways and bridges now or heretofore held by virtue of any charter, franchise or other corporate right, upon the expiration of such franchise, are hereby declared public highways and with all the improve- or bridge pubments thereon, shall be, from the time of the expi- chise expires. ration of such franchise, under the direction of the board of county commissioners of the county in which such road or bridge or other improvement may be.

Sec. 6. This act shall take effect and be in force from and after its passage.

Approved February 13, 1874.

Chartered road

lic after fran

SPECIAL LAWS.

Dead to be re

limits of town

AN ACT to authorize the county commissioners of Deer Lodge county, to remove the dead from the cemetery within the limits of the town of Deer Lodge.

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

Section 1. The county commissioners of Deer roved from Lodge county, Montana territory, are hereby auof Deer Lodge thorized to cause to be removed all the dead buried in the cemetery within the limits of the town to the cemetery, situate one mile west of said town.

to cemetery.

town site fund

penses of re

Ground now

Sec. 2. The said commissioners are hereby auMoneys in thorized to appropriate any moneys in the town site used to pay ex- fund to pay the expenses of such removal, and after moval. all the remains shall have been removed, the ground occupied by now occupied by said cemetery shall be dedicated cemetery to be to public use, and disposed of in the same manner as town lots are disposed of belonging to said town. Sec. 3. This act shall take effect and be in force from and after its passage.

dedicated to

public use.

Approved February 13, 1874.

Commissioners

of Deer Lodge

ized to appoint

AN ACT to authorize the county commissioners of Deer Lodge
county to appoint a fire warden, and for other purposes.
Be it enacted by the Legislative Assembly of the Territory
of Montana:

Section 1. That the county commissioners of County author. Deer Lodge county be and they are hereby authorfire warden for ized to appoint, in and for the town of Deer Lodge, a fire warden, whose duty it shall be to examine all Duty of fire chimneys, stoves, stove-pipes, ovens, furnaces, boilers, and appurtenances thereunto belonging.

town of Deer Lodge.

warden.

duty of, plaint made of

ney, &c.

Sec. 2. When any chimney, stove, stove-pipe, oven, furnace, boiler, or appurtenance thereunto be- Proceeding by longing are defective, out of repair, or so placed in when com any building as to endanger it or any other build-unsafe chiming by communicating fire thereto, the fire warden, on complaint of any citizen, being satisfied by examination, or other proof, that such complaint is well founded, shall give written notice to the owner or occupant of such building, and if he neglects, for the period of three days, to remove or repair the same effectually, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, before any court having jurisdiction, shall be fined in any sum keeping unsafe or dangerous not less than ten nor more than one hundred dol- chimneys, &c., after notice by lars. All fines collected under the provisions of fire warden. this act shall be paid into the county treasury for

the benefit of Deer Lodge fire company No. 1.
Sec. 3. This act shall take effect and be in force

from and after its passage.

Approved January 31st, 1874.

Penalty for

AN ACT to provide for the support and maintenance of the
Deer Lodge fire department.

Be it enacted by the Legislative Assembly of the Terri-
tory of Montana:

Commissioners

County author

Section 1. That the county commissioners of Deer Lodge county be and they are hereby author- of Deer Lodge ized to levy a special tax, not to exceed one mill on ized to levy tax the dollar of the assessable property within the limits Lodge fire deof the town of Deer Lodge, for the support and maintenance of the Deer Lodge fire department.

Sec. 2. That the said county commissioners shall, at their next regular meeting in March, 1874, levy

to support Deer partment.

said tax for the year 1874, and thereafter it shall be . Manner in levied in the same manner and at the same time as are the general taxes of said county.

which tax shall be levied.

Sec. 3. It is hereby made the duty of the county County treas- treasurer of Deer Lodge county to collect said tax in the same manner and at the same time as other taxes are collected.

urer to collect

tax.

Tax known as

fire department to give bond.

Sec. 4. This tax shall be known as the "Fire tax," and shall be paid by the county treasurer to fire tax. Same the treasurer of the Deer Lodge fire company No. 1. to whom paid. Sec. 5. That the treasurer of said fire company, before any of said tax shall be paid to him as hereTreasurer of inbefore 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 department.

make state

Sec. 6. It is hereby made the duty of the treasurer of said fire company to make a fair, correct, Same officer to and complete statement of his receipts and expendiment to county tures as such treasurer, to the board of county commissioners at their annual meeting, or at such time as they may direct.

commissioners.

Limits of town.

Sec. 7. That the limits of said town of Deer Lodge shall include what is known as Clagett and Dixon's addition, and all other additions thereto.

Sec. 8. This act shall be in force from and after its passage.

Approved January 28th, 1874.

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