the damages assessed under subdivision 2 of this section, the owner of the parcel shall be allowed no compensation except the value of the portion taken; but if the benefit shall be less than the damages so assessed, the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value.

Fourth. As far as practicable, the compensation or damages shall be assessed for each source of damage separately.

SEC. 7. For the purpose of assessing compensation or damages, the right thereto shall be deemed to have accrued at the date of the application, and its actual value at that date shall be the measure of compensation for all property actually taken or to be taken, and the basis of damages to property not actually taken, but injuriously affected. If an order be made letting said city into possession, the compensation and damages awarded shall draw legal interest from the date of such order. No improvement put upon the property subsequent to the date of the service of notice of the application for appointment of commissioners shall be included in the assessment of compensation or damages.

SEC. 8. Upon the return into the said district court of such appraisement, and upon the payment to the clerk thereof the amount so awarded by the commissioners for the use and benefit of the owner of the property taken, said city shall acquire full title to the same, for the purposes aforesaid, and the court or judge shall make such order as may be proper in the premises, a certified copy of which order shall be recorded in the office of the county recorder of said Lewis and Clarke county, and shall have the same force and effect as conveyance.

SEC. 9. The city council shall in the ordinance or resolution condemning property provide the method of paying the compensation or damages, and also shall provide what part, if any, thereof shall be paid by the city.

SEC. 10. The city of Helena shall not be required to give any bond, undertaking, or other security for costs, or on attachment, injunction, or appeal, in any suit prosecuted or defended in its name.

SEC. II. All warrants now outstanding which have heretofore been drawn by the proper authorities of the city of Helena shall, after having been presented to the city treasurer of said city, and

by him indorsed "Not paid for want of funds," from and after the date of such presentation and indorsement, draw interest at the rate of seven per cent per annum, until paid, or until there shall be funds in the city treasury for the payment thereof.

SEC. 12. All warrants which may hereafter be drawn by the proper authorities of said city for payment of salaries of officers, for fuel, lights, care of prisoners, printing, stationery, necessary repairs of city property, and other contingent expenses of said municipal corporation, shall, after having been presented to the city treasurer of said city, and by him indorsed "Not paid for want of funds," draw interest as provided in the following [foregoing] section.

SEC. 13. After the passage of this act said city council shall not cause to be drawn upon the treasurer of said city any warrant, except in payment of contingent expenses, and in the fulfillment of existing contracts, unless at the time such warrant is drawn there shall be funds in the city treasury, not otherwise appropriated, sufficient to pay such warrant.

SEC. 14. That section 4 of article VII of an act entitled An act to incorporate the city of Helena, approved February 22, 1881, be amended so as to read as follows:

SEC. 4. The city council shall have power, by ordinance, to levy and collect a special tax on the holders of lots on any street, lane, avenue, or alley, according to their respective fronts, or according to the benefits to said property, for the purpose of grading, paving, widening, extending, or improving said street, lane, avenue, or alley, or constructing a sewer or sewers, or laying or paving sidewalks, or lighting such street, lane, avenue, or alley, provided such tax shall not exceed the actual cost of said sidewalk, lighting, grading, paving, sewer, or other improvement, respectively, which tax shall be collected in the same manner as other city taxes, but no tax for any of the purposes in this section mentioned shall be levied, except upon the petition of persons owning a majority of the front feet of the real estate to be taxed for such purposes.

SEC. 15. All acts and parts of acts, in conflict with this act, are hereby repealed.

SEC. 16. This act shall take effect and be in force from and after its passage.

Approved March 12, 1885.

AN ACT to incorporate the city of Missoula,

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

SEC. I. That the inhabitants of the present town of Missoula, in the county of Missoula, and territory of Montana, be, and they are hereby, constituted a body politic and corporate, by the name and style of the "City of Missoula," and by that name shall have perpetual succession, and shall have all the powers usual and incident to corporations of this character; to sue and be sued, plead and be impleaded, contract and be contracted with, to have and use a common seal, to alter, amend, or abolish the same at pleasure, and until it shall be determined to alter, amend, or abolish the present seal, now in use by the town officers of the town of Missoula, the same shall be used by this corporation, and full credit shall be given to all papers or documents to which the same may be legally attached.

SEC. 2. The following described territory shall compose the said city, to-wit: commencing at the north-west corner of the north-east quarter of section 21, township 13 north, range 19 west, running thence north 80 rods; thence east 320 rods; thence south 80 rods; thence east 160 rods; thence south 320 rods, more or less, to the middle of the channel of Hell Gate river; thence down the middle of the channel of said Hell Gate river to the head of the so-called Big Island; thence down the middle of the south channel of said river, to a point due south of the place of beginning; thence north to the [place of] beginning.

SEC. 3. That whenever an additional tract or parcel of land adjoining the said city of Missoula shall be laid off into lots and blocks, with streets and alleys, in such size and in such manner as may be required by the city council, and the plat of the same shall be recorded in the recorder's office of Missoula county, and a plat of the same shall be filed with the records of the city council, and the same shall be accepted and approved by the city council, said tract or parcel of land shall become annexed to and form a part of said city.

DISTRIBUTION OF POWERS OF GOVERNMENT.

SEC. 4. The corporate powers of the city of Missoula shall be divided into three distinct and separate parts, viz.: Legislative, executive, and judicial. No person or officer of one of the departments

shall exercise any power properly belonging to either of the others, except in the instances hereafter expressly directed or permitted.

LEGISLATIVE DEPARTMENT.

SEC. 5. The legislative powers of said corporation shall be vested in and exercised by a city council, to consist of a mayor and board of aldermen. The board of aldermen shall consist of two members from each ward, to be selected and chosen by the qualified voters for two years, and until their successors shall be elected and duly qualified. One alderman shall be elected in each ward every year, and the aldermen now in office shall hold their offices until their terms shall expire, as provided by the charter of the town of Missoula, under which they now hold said offices. The wards of said city shall remain as now fixed and located by the town council of the town of Missoula until such time as the said city council shall determine to increase the number of wards in said city. Said elections shall be held on the second Monday of April, 1885, and annually thereafter.

SEC. 6. No person shall be eligible to the office of alderman unless at the time he shall have been elected to such office he was a tax payer, and was a resident and qualified voter, under the provisions of this charter, within the ward for which he shall be chosen. Any alderman who shall remove from the ward in which he resided at the time of his election shall forfeit his office, and it shall be the duty of the city council to so declare, and declare the same vacant. All vacancies occurring in the board of aldermen shall be filled by a selection being made by the board in regular session.

SEC. 7. All elections for aldermen in said city shall be held on the second Monday of April of each year. The manner of conducting said elections, not provided for in this act under the subject of "elections," may be prescribed by ordinance of said city council. The city council shall judge of the qualifications of its members, and shall hear and determine all contested elections under this act. A majority of the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time, and compel the attendance of absent members, under such penalties as may be prescribed by ordinance. The council shall have power to make rules to govern its proceedings, and may, by order entered upon its journal, punish disorderly members, and may by two-thirds vote, and for good cause, expel a member. No alderman shall be appointed to any office under the authority of said city during his term of office.

SEC. 8. There shall be a stated meeting of the city council once in each month, to be holden at such time as the council may fix by order entered upon the journal, or by ordinance, and shall have such other special or called meetings from time to time as the mayor may deem expedient and proper.

SEC. 9. The city council shall cause to be kept a correct journal of its proceedings, and immediately before the adjournment of each session cause the said proceedings to be read, and they shall correct any errors which appear to have been committed by their clerk.

SEC. 10. The city council shall have power and authority within the city limits, in addition to the other powers granted by this charter, to levy and collect ad valorem taxes, for city purposes, upon all the taxable property within said city which may be domiciled therein, except such as may be exempt from taxation by the general laws of the territory, at a rate not exceeding three-tenths of one per cent per annum upon the assessed value thereof, and may enforce the payment of the same in the manner prescribed by the general laws of the territory for the collection of territorial and county taxes.

SEC. II. All assessments of rates of taxation upon the property of said city shall be ascertained and fixed by a no less number than a majority of all the members of said council then elected, and the order or resolution levying the per centum of taxes upon the taxable property of said city by the council shall be passed and evidenced by a vote of the council upon a call of the yeas and nays, to be recorded upon the journal of proceedings. All other laws, ordinances, or resolutions of said council, not hereinafter excepted, shall be valid if voted for by a majority of the quorum present. Upon all questions voted upon by the council any member shall have the right to call for the yeas and nays, and have the same recorded upon the journal of proceedings.

SEC. 12. The city council shall have no power, in making appropriations or incurring indebtedness, to exceed the net revenues of said city, that is to say, the levy of the ad valorem tax upon the property of said city, and the licenses, special taxes, and fines, collected in any one year, and should it become necessary, in the judgment of the council, to incur a debt greater than the amount of the aggregate receipts of said city in any one year, it shall be the duty of the city council to submit the question of the incurrence of said debt, or of making the appropriation, to the qualified voters of said