prosecuted in the proper District Court by any party interested at any time within ten days after the filing of the report of the Commissioners and a written notice of such appeal shall be served on the appellee in the same manner as summonses are served in civil actions. The appellant shall file with the trict Court from Clerks of the Court to which the appeal is made, a Commissioners. bond with sureties, to be approved by the Clerks in Appeals to Dis Assessment of How tried. does not the amount of the assessment appealed from in favor SEC. 8. Appeals shall bring before the Appel- SEC. 9. The prosecution of any appeal shall not hinder, delay or prevent the appellee from exercising all the rights and privileges mentioned in section 6 of this bill, Provided, that the appellee shall file When Appeal with the Clerk of the Court in which the appeal is pending, a bond with sufficient sureties, to be approved by the Clerk, in double the amount of the assessment appealed from; conditioned that appellee shall pay the appellant whatever amount he may recover in the action. right. stay Costs of Appeal. SEC. 10. If the appellant recover $50 more damages than the Commissioners shall have awarded or the appellee shall offer to allow judgement against him to be taken, the appellee shall pay the costs of the appeal, otherwise the appellant shall pay such costs. SEC. II. The costs and the expenses of proceedings under the provisions of this chapter, except as herein otherwise provided, shall be paid by the party making the application; Provided, however, Costs of Pro that if the applicant shall, before the commence- GENERAL ELECTIONS. An Act Providing for the election of State and County Officers and the Canvassing of the Returns of said Election. Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. There must be held, throughout the State, on the first Tuesday after the first Monday in November, in the year 1892, and in every second year thereafter, an election, to be known as the general election. At the general election of 1892 all State, District and County officers, whose terms expire under the constitution in the year 1893, shall be elected. SEC. 2. The Board of County Commissioners of each county is ex-officio a Board of County Canvassers for the county, and must meet as a Board of County Canvassers at the usual place of meeting of the Board of County Cominissioners. And if at the time and place appointed for such meetings, one or more of the county commissioners Absence Member. of When Board to meet. should not attend, the place of absentees must be supplied by one or more of the county officers, whose duty it is to act in the order named, to-wit: the Treasurer, the Assessor, the Sheriff, so that the Board of County Canvassers shall always consist of three acting members. The County Canvassing Board so constituted shall meet at the office of the County Clerk of such county within ten days (Sundays excepted) after each election held under the Clerk of Board. laws governing general and special elections in this State, to canvass the returns. And the Clerk of the Board of County Commissioners is the clerk of the Board of County Canvassers. SEC. 3. If, at the time of meeting, the returns from each precinct in the county in which polls were opened have been received the Board of County Canvass of Re- Canvassers must then and there proceed to canvass the returns; but if all the returns have not been received the canvass must be postponed from day to day until all the returns are received. turns. Provided, that if the returns from any of the election precincts have not been received by the County Clerk fifteen days after such general or special election, it shall be the duty of said Board of CanvassBoard to send ers to forthwith send a messenger to the judges of delayed Returns. Such election precincts whose duty it shall be to Messenger for open the ballot box and from the returns therein enclosed make a copy of the same and furnish the messenger with such copy, and the messenger shall be paid out of the county treasury of such county the sum of fifteen cents per mile for each mile Polls necessarily and actually traveled in going to and reopened in Pre- turning from said precinct. And whenever it shall appear to the County Canvassing Board of any county by satisfactory evidence that the polls were not opened in any precinct therein, and no return shall have been received therefrom, they shall certify to this fact and file the same together with all When have not been cinct. the evidence in the case, with the County Clerk, and make a note of the same upon their report. SEC. 4. The canvass must be public by opening the returns and determining therefrom the vote of such county or precinct for each person voted for, and for and against each proposition voted upon at such election, and declaring the result thereof, Canvass must be public. Rejection of SEC. 5. In canvassing the returns of the several precincts in the county by the County Canvassing Returns. Board, no return shall be rejected if it can be readily ascertained therefrom the number of legal votes cast for each person named therein. The fact that the returns do not show who administered the oath to the judges of election, or a failure to fill out all the certificates in the poll book, or a failure to do or perform any other act in or about the making up of the returns that it is not essential to determine for whom the votes were cast, shall not be such an irregularity as to entitle the said Board to reject the same, but the same must be canvassed as other returns are canvassed. Immaterial Irregularities. Statement of SEC. 6. The Clerk of the Board must, as soon as the result is declared, enter on the records of Result by Clerk. such board a statement of such result, which statement must show: First-The whole number of votes cast in the county. Second-The names of the persons voted for and the propositions voted upon. Third-The office, to fill which each person was voted for. Fourth-The number of votes given at each precinct to each of such persons, and for and against each of such propositions. Fifth-The number of the votes given in the county to each of such persons and for and against each of such propositions. What to show. Provided, it shall be the duty of the Clerk of When Abstract said Board to enter the abstract of said votes upon of Votes to appear on separate Sheets. Board clare elected separate sheets of paper for the following named First-Representatives in Congress. Second-Members of the Legislative Assembly Fourth-All State officers and Judges of the Fifth Constitutional amendments or other propo- SECTION 6. The Board must declare elected the persons having the highest number of votes given Persons for each office to be filled by the votes of a single county or subdivision thereof. to de SEC, 7. The Clerk of the Board of County Commissioners must immediately make out and deliver in person or by mail in registered package to Certificates of such person (except to the person elected District Judge) a certificate of election, signed by him and a majority of the Board of County Canvassers. Election. SEC 8. When there are members of the House of Representatives voted for by the electors of a district composed of two or more counties, each of the clerks of the respective counties composing such district, immediately after making out the statement specified in Section 6 of this act, must file in their respective offices a certified abstract of so much. thereof as relates to the election of the officers last aforesaid. And all Clerks save the Clerk of the County first in alphabetical order, must seal up a certified copy of such abstract, endorse it "Election Returns," and without delay transmit the same by mail in registered package to the Clerk of the Board of County Commissioners of the county |