highest, four years; the next highest, two years; and biennially thereafter one commissioner shall be elected and continue in office six years: Provided, That county commissioners whose term of office shall expire in 1877, shall continue in office until their successors are elected and qualified. On every election hereafter of county commissioners of any county, where more than one commissioner is to be elected, the person receiving the highest number of votes shall be held and considered elected for the longest term of office to be filled at such elections; the person receiving the second highest number of votes shall be held and considered elected for the second longest term of office; and the person receiving the third largest number, for the shortest term; but if two or more persons have the same number of votes, then their terms shall be determined by lot, under the direction of the board of canvassers returning the election. SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Approved February 15th, 1877. Election and term of service of county commission ers. COUNTY SICK AND POOR. AN ACT supplemental to an act to provide for the support, care, and maintenance of the county sick and poor. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That nothing contained in sections 5, 6, or 7, of an act entitled "An Act to provide for the support, care, and maintenance of the county sick and poor," shall be so construed as to prevent the county commissioners of the several counties of this territory from rejecting any or all bids which they may receive under the provisions of said sections: Provided, When any con tract shall be let for the maintenance of such sick and poor it shall be let to the lowest responsible bidder. SEC. 2. This act shall take effect and be in force from and after its passage. Approved January 26th, 1877. Obstruction of highways, streets, alleys, ditches, rívers, &c. CRIMINAL LAWS. AN ACT to amend section 147 of the criminal laws, approved Be it enacted by the Legislative Assembly of the Territory SECTION 1. Section 147 shall read as follows: "SECTION 147. If any person shall obstruct or injure, or cause or procure to be obstructed or injured, any public road or highway, or common street or alley, of any city, town, or village, or any public bridge, or causeway, mill-race, mill-dam, or ditch, or public river, or stream, or shall continue such obstruction so as to render the same inconvenient or dangerous to pass, or shall erect or establish any offensive trade, manufacture, or business, or continue the same after it has been erected or established, or shall in any wise pollute or obstruct any watercourse, water-ditch, lake, pond, marsh, or common sewer, or continue such obstruction or pollution, so as to render the same offensive or unwholesome to the county, town, city, village, or neighborhood thereabouts; or shall erect or maintain any other thing which would be a nuisance violating this at common law, every person so offending shall, upon conviction, be fined not more than one thousand dollars. And every such nuisance may, by order of the court before whom the conviction may take place, be removed and abated by the sheriff of the county." Penalty act. for SEC. 2. Section 147 of criminal laws, approved January 12th, 1872, is hereby repealed. Approved February 8th, 1877. DAMS AND RESERVOIRS. AN ACT to protect persons and property. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. No person shall hereafter fill or procure to be filled with water any dam or reservoir which is not so thoroughly and substantially constructed as that it will safely and securely hold the waters so to be turned Dams and therein, if upon the stream upon which said dam or same, there are per reservoirs not to be filled with water so as to endanger life or reservoir is situate, and below the sons living whose lives are or may be endangered by the property. breaking of such dam or reservoir, or if upon said stream there is valuable property which may be damaged or destroyed by the breaking of such dam or reservoir and the escape of the waters therefrom. Manner in which dams or reservoirs shall be con SEC. 2. No person shall hereafter construct or cause to be constructed on such stream any dam or reservoir to accumulate the waters thereof, except in a thorough, structed. secure, and substantial manner. SEC. 3. Upon complaint made on oath before any probate judge of any county in this territory, that any person or persons are filling, or are proposing or threatening to fill, such dam or reservoir as is mentioned in section 1 of this act, or have filled or gathered water in such reservoir or dam, and that life or property is or will be thereby endangered, it shall be the duty of such probate judge forthwith to appoint three discreet and proper persons of the county in which such dam or reservoir may be situate, competent to serve as jurors in such county, one of whom, if practicable, shall be a mining or civil engineer, and to administer to each of them an oath that he will diligently proceed to and thoroughly examine the said dam or reservoir, and determine as to its security, to the best of his ability, without fear or favor, and whether life or property is or will be endangered thereby by the breaking thereof and the escape of waters therefrom. Complaint under section 1 of this act. Inspectors to examine dam or reservoir. Duty of ex when dam or sidered dangerous to life or property. SEC. 4. Upon taking and subscribing said oath, it shall be the duty of such persons to proceed together to such stream, dam, or reservoir, and to make a thorough examination thereof, and if upon such examination the said persons shall find that along said stream there are persons residing whose lives may be endangered, or that there is property thereon below said dam or reservoir which may be endangered, damaged, or destroyed, they shall determine whether the said dam or reservoir is or is not secure against the pressure of the water confined therein, or the water proposed to be confined therein, and also secure against rains and freshets which may occur, and if they find that the same is secure against the occurrence of the casualities mentioned, or any of them, they shall make a verdict in writing to that effect, over their hands, to the probate judge who appoints them, which he shall enter of record as a proceeding in his court. SEC. 5. If, upon such examination as to the safety of such reservoir, they, or a majority of them, shall deem such reservoir insufficient and insecure, they shall further inquire whether the danger to be apprehended is imminent or no, and if they, or a majority of them, shall be of the opinion that such danger is imminent, aminers and that destruction of life or property will result from reservoir con delay, it shall be their duty forthwith, in such manner as to them shall seem best, to draw from such reservoirs the waters therein, or so much thereof as will insure the safety of all persons and property below the same on the line of said stream, and they shall make return of their action to such probate judge; and in the discharge of such duties the persons so acting shall be deemed peace officers of the territory, engaged, upon their discretion, in the lawful protection of life and property, and in preventing apprehended violence thereto. SEC. 6. If, upon such examination, they, or a majority of them, shall deem such dam or reservoir insecure and insufficient, but that the danger therefrom is not When owner to make dam or reservoir secure. immediate or imminent, they shall so state in writing to SEC. 7. Upon such trial it shall be the duty of the probate judge to prepare a list from among the persons of the county competent to serve as jurors, of the names of twelve persons, who, in his judgment, are best qualified to judge of the sufficiency of any dam or reservoir, who may be interrogated as to causes of challenge for cause by any person interested, and if any shall not be indifferent as between the parties, or other cause of challenge for cause shall exist, and said person shall be challenged, the probate judge shall excuse him and summon others until twelve discreet persons remain against whom no challenge for cause exists, and the complainant and others, if any prosecuting with him, as prosecutors, and the owner, or persons complained of, or in charge of, or owning said dam or reservoir, as defendants, shall alternately strike from said list until it is reduced to six, who shall compose the jury to try the issue or issues named in section 5 of this act, or the parties aforesaid, if they can agree, may select the jury therefor. SEC. 8. The person or persons, corporation or company, owning or using said reservoir or dam and the waters therein, may appeal from any decision of the probate judge and the verdict of the persons appointed by may show that same is secure Proceeding to to try ques procure jury tion as to whether dam or reservoir is secure. |