ity.

a license shall collect the tax due upon the goods and merchandise so assessed. Nothing herein conSales for char- tained shall be taken or construed as requiring or imposing a license for the sale of any goods at a church fair or festival or when sold for any charitable or benevolent purpose.

Auctioneers.

license.

SEC. 3. Every auctioneer before doing business as such, shall procure a license and pay therefor as follows: In every city or town of five thousand inhabitants, or upwards, he shall pay a license of one hundred dollars per quarter; and in all towns or places of less than five thousand inhabitants, he shall pay a license of fifty dollars per quarter. But no license shall be required of any Sheriff or other public officer, selling any property at public auction pursuant to execution, decree or any order of court.

SEC. 4. For the purpose of enforcing the provisions of this act and to prevent the evasion of the same all property of any kind held or used in any

Lien for unpaid of the trades, occupations or professions for which a license is required by the provisions of this act, shall be liable for said license and said license is hereby made a lien on all such property, which lien shall have precedence of any other lien, claim or other demand; and if any person or persons shall fail or refuse to procure the license required by this act before the transaction of the business specified, it shall be the duty of the Treasurer of the county to seize any of the property upon which a lien is hereby created or any other property belonging to such person or persons and sell the same in the manner provided for Sheriffs on ex cution to satisfy said license and costs and for which said Treasurer shall receive a like fee as Sheriffs for service of notice and sale on execution, or said Treasurer may sue for and collect said licenses and costs by attachments, garnishment or otherwise; Provided, That

Enforcement of lien.

such lien shall be void as against creditors and purchasers in good faith after ten days from the time such license shall become due, and the County Treasurer and his bondsmen shall thereafter become personally liable for the amount of such license remaining unpaid in his county.

SEC. 5. Sections 1342, 1343 and 1344 of the Fifth Division Montana Compiled Statutes and sections two and three of an act approved September 14, 1887, entitled an act to amend an act entitled an act concerning licenses and all other acts or parts of acts conflicting with this act be and the same are hereby repealed.

APPROVED March 7, 1891.

DIVISION TWO.

LAWS RELATING TO STATE OFFICERS.

REMOVAL OF STATE TREASURER.

Amendment of

A Bill for an Act Entitled an "Act to Amend Section 144, Chapter X of the Fifth Division of the Compiled Statutes of Montana.”

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

SECTION I. That Section 144, Chapter X of the Sec. 144, Chap X. Fifth Division of the Compiled Statutes of Montana be amended so as to read as follows:

5th Div. Comp. Stat

Embezzlement

nrer.

Section 144. If at any time upon examination being made of the State Treasury it shall appear to the State Board of Examiners that the books of the State Treasurer do not correspond with the amount of funds on hand or that the said books do

by State Treas- not show the actual condition of said office and the funds on hand or if it shall appear to said Board that any funds of the State have been embezzled or diverted from their proper channel or in any way or manner expended or taken from the Treasury without authority of law or that there is or has

་

been any culpable negligence by said Treasurer in the keeping of said books or the care or keeping of said public moneys, it is hereby made the duty of said Board of Examiners to certify the same to the Governor, who upon the receipt of said notice is authorized and empowered and it is hereby made his duty, forthwith to take possession of the books, moneys, papers and other property of every kind and description belonging to the State or which come to the Treasurer's possession by virtue of his said office and to temporarily suspend. the said Treasurer; thereupon the said Board of Examiners shall procure the services of an expert to make a careful investigation thereof, and if it shall appear upon such investigation that the said Treasurer has embezzled or converted to his own use, or has been culpably negligent in the keeping of his books or the care or custody of the public moneys and such findings be approved by the State Board of Examiners, then the Governor shall appoint another in his place who shall give bonds to the approval of said Governor, and take the oath prescribed by law, which oath shall be taken before some Justice of the Supreme Court, or in the absence of the said Justice before a Judge of the District Court which oath and bond shall be filed with and recorded by the Secretary of State, and thereupon the Gover. nor shall turn over to such Treasurer the books, moneys, papers and other property and take his receipt therefor; and the Governor shall make report of his said acts to the succeeding Legislative Assembly and the said Treasurer shall hold his office until the disability of the Treasurer is removed or his successor is elected and qualified.

SEC. 2. All acts and part of acts in conflict with this act are hereby repealed.

APPROVED March 4, 1891.

Repealing clause.

OFFICERS AND EMPLOYEES OF LEGISLATIVE ASSEMBLY

Officers employees Senate.

and

Representatives.

A Bill for an Act to Prescribe the Duties and Compensation of the Officers and Employees of each House of the Legislative Assembly.

Be it enacted by the Legislative Assembly of the State of Montana;

SECTION I. The officers and employees of the Senate shall consist of a President, President pro tem, a Secretary, an Assistant Secretary, and a of Sergeant-at-Arms, and the Senate may elect an Assistant Sergeant-at-Arms, an Enrolling Clerk, an Engrossing Clerk, one Doorkeeper, one Janitor, one Day Watchman, one Night Watchman, one Chaplain, two Pages and four Committee Clerks.

'

SEC. 2. The officers and employees of the House of Representatives shall consist of a Speaker, Speaker pro tem, Chief Clerk, Assistant Chief Clerk, and a Sergeant-at-Arms, and the Of House of House may elect an Assistant Sergeant-at-Arms, an Enrolling Clerk, an Engrossing Clerk, one Doorkeeper, one Janitor, one Day Watchman, one Night Watchman, one Chaplain, and as many Committee ⚫ Clerks and Pages as the House from time to time may require.

SEC. 3. The officers and employees of the Legislative Assembly, except the President of the Senate, must be elected by the House to which such officers and employees are attached.

SEC. 4. The President and President pro tem Who may ad- of the Senate and the Speaker and Speaker pro tem of the House of Representatives may admin

minister oaths.