vided for in the preceding sections of this chapter, stockholders shall appear in person or by proxy, in number representing not less than two-thirds of all the shares of stock of the corporation, they shall organize by choosing one of the trustees Chairman of the meeting, and also a suitable person for secretary, and proceed to a vote of those present in person or by proxy, and if on canvassing the votes, it shall appear that a sufficient number of votes have been cast in favor of increasing or diminishing the amount of the capital stock, or for extending or changing the business, or of extending the term existence of the corporation as aforesaid, or for availing itself of the privileges and provisions of this chapter, a certificate of the proceedings showing a compliance with the provisions of this Chapter, the amount of capital actually paid in, the business to which it is extended or changed, the time for which the term of the existence of the corporation is extended, the whole amount of debts and liabilities of the company, and the amount to which the capital stock shall be increased or diminished, shall be made out, signed and verified by the affidavit of the Chairman, and be countersigned by the Secretary, and such certificate shall be acknowledged by the chairman and filed and recorded as required by section 446 of this chapter, and when so filed and recorded the capital stock of such corporation shall be increased or diminished to the amount specified in such certificate, and the business extended or changed, and the term of the existence of the corporation extended as in said certificate specified, and the company shall be entitled to the privileges and provisions and be subject to the liabilities of this Chapter, as the case may be.

SECTION 5.

its passage.

This Act shall take effect and be in force from and after

APPROVED Mch. 2, 1893.

An Act to Amend Chapter Twenty-two, Fifth Division of Compiled Statutes of Montana, Relating to Municipal Corporations and Amendments Thereto, Approved September 18, 1887 and also Amendments Thereto Approved March 14, 1889.

Be it enacted by the Legislative Assembly of the State of Montana: SECTION 1. That section three hundred and twenty-five of Chapter Twenty-two, Fifth Division, Compiled Statutes of Montana, be amended so as to read as follows:

"SECTION 325. The City Council of all cities incorporated under this Act shall have the following powers:

I. To provide by ordinance for the registration of the voters within the municipality.

II. To take a census of the inhabitants of a town or city at any time.

III. To control the finances and property of the corporation. IV. To appropriate money for corporate purposes only, and provide for the payment of debts and expenses of the corporation.

V. To levy and collect taxes for general and special purposes on all real, personal and mixed property, within the corporation, subject to taxation under the laws of the State.

VI. To fix the amount, terms and manner of issuing and revoking licenses subject to the law of the State, and it shall be competent for the City Council to refuse licenses whenever it shall be deemed to the best interests of the City so to do.

VII. To license all pursuits, industries, professions or occupations; provided, that in no case shall the municipal authorities require any license exceeding in amount that which is required to be paid under the State law for a like pursuit or occupation when the purposes of such license is for revenue only, but cities of the first and second class shall have authority to license, regulate or prohibit all pursuits or occupations, whether licensed or not by the State and not prohibited by the laws of Montana, as a police regulation in such an amount as shall be deemed proper by such municipal authorities.

VIII. To erect all needful buildings for the use of the city or

town.

IX. To contract an indebtedness on behalf of the city or town, upon the credit thereof, by borrowing money or issuing bonds for the following purposes, to-wit: Erecting public buildings, sewers, bridges, water works, supplying the city or town with water by contract, the purchase of fire apparatus, the construction or purchase of canals or ditches for supplying the city or town with water. The total amount of indebtedness authorized to be contracted in any form must not at any time exceed three per centum of the total assessed valuation of the taxable property of the city or town, as ascertained by the last assessment for State and county taxes. No money must be borrowed or bonds issued for any of the purposes mentioned in this clause until the proposition has first been submitted to a vote of the qualified electors of the city or town, and a majority vote cast in favor thereof; provided, that an additional indebtedness of not to exceed four per centum may be incurred when necessary to construct a sewerage system or to procure a supply of water for such municipality which shall own or control said water supply and devote the revenues derived therefrom

to the payment of the debt; and, provided further, that the above limit of three per centum shall not be extended unless the question shall have been submitted to a vote of the tax payers affected thereby, and carried in the affirmative by a vote of not less than three-fourths of such tax payers who vote at such election.

X. To lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks and public grounds, and vacate the same. To provide for lighting and cleaning

.

the streets, alleys, avenues; to regulate the use of sidewalks and require the owners of the premises adjoining to keep the same free from snow or other obstructions, to regulate the depositing of ashes, garbage or other offensive matter, in any street, alley or on public grounds; to provide for and regulate street crossings, curbs and gutters, to regulate and prevent the use or obstruction of streets, sidewalks and public grounds by signs, telegraph poles, posting hand bills and advertise

ments.

XI. The Mayor and council of any city or town governed by this Act shall have power to establish by ordinance the grades of any street, alley or avenue within the city or town, and when the grade of any street, avenue or alley shall have been so established, such grade shall not be changed except by a vote of two-thirds of the council, and not then until the damages to property owners, which may be caused by such changes of grade shall have been assessed and determined by three disinterested appraisers, who shall be appointed by the mayor and confirmed by the council for that purpose, who shall make such appraisement, taking into consideration the benefits, if any, to such property, and file their report with the City Clerk within ten days after receiving notice of their appointment, and the amount of damages so assessed shall be tendered to such property owners, or their agents, before any such change of grade shall be made.

XII. To regulate and prohibit traffic and sales upon the streets, sidewalks and public grounds.

XIII. To regulate or prohibit the fast driving of horses, animals or vehicles within the corporate limits.

XIV. To regulate and control the laying of railroad tracks and prohibit the use of engines and locomotives propelled by steam, or to regulate the speed thereof when used.

XV. The Mayor and council shall have power to require the lighting of any railway within the city or town, in such manner as they shall prescribe by ordinance, and may fix and determine the number, style and size of the lamp posts, burners, lamps, candle power and all other fixture and apparatus necessary for such lighting,

and the points of location for such lamp posts and lights, and in case the company or persons owning or operating such railway shall fail to comply with such requirements, the council may cause the same to be done, and may assess the expense thereof against such Company, person or persons, and the same shall constitute a lien on any real estate belonging to such company, person or persons, and lying within such city or town, and may be collected in the same manner as taxes for general purposes. And the council may provide penalties for the non-compliance with the provisions of any ordinance passed to regu. late the matters enumerated in this section.

XVI. To license and authorize the construction and operation of street railroads and require them to conform to the grade of the streets as the same are or may be established.

XVII. To regulate the numbering of houses and lots and to change the same.

XVIII. To provide for the cleaning of waters, water courses and streams within the city, or to alter, straighten or widen the same, and the draining and filling in of ponds or wells on private property when necessary to the public health or public welfare.

XIX. To license, tax and regulate auctioneers, peddlers, pawnbrokers, hackmen, omnibuses, drivers, porters, saloons, billiard tables, ten-pin alleys, shooting galleries, shows, circuses, theatrical performances and places of amusement within the limits of the corporation; provided, that the power of license, tax and regulate circuses, and like shows or performances, shall extend three miles beyond the limits of the corporation.

XX. To regulate or prohibit dance houses, hurdy-gurdy houses, houses of prostitution, houses of lewd resort, or other places by whatever name called of public resort where females act as waitresses or servants, and where spirituous or vinuous liquors are retailed.

XXI. To suppress and punish all fraudulent devices and practices for the purpose of obtaining money or property, and to prohibit the sale or exhibition of immoral publications, prints, pictures or illustrations.

XXII.

To establish markets and market houses, and provide for the supervision and use thereof.

XXIII. To regulate the sale of meats, poultry, fish, game, butterine, oleomargarine, and other imitations of butter, lard, vegetables and other provisions, and provide for the inspection thereof.

XXIV. To regulate the inspection, weighing and measuring of wood, coal and hay within the city.

XXV. To regulate the construction, use, repair of vaults, cisterns, hydrants, pumps, sewers and gutters.

XXVI. To prevent and punish intoxication, fights, riots, loud noises, disorderly conduct, obscenity, and acts or conduct calculated to disturb the public peace, or which is offensive to public morals within the city or town.

XXVII. For the purpose of guarding against fire they shall have power to prescribe the limits within which wooden or combustible buildings shall not be erected, placed or repaired, and to establish fire limits within the city.

XXVIII. To establish a fire department and prescribe and regulate their duties.

XXIX. To erect engine houses and provide engines and other implements for the extinguishment of fire.

XXX. To inspect chimneys, flues, fire-places, stovepipes, boilers, and when dangerous, to require the same to be removed or put in order.

XXXI. To regulate and prevent the storage or handling of gunpowder, tar, pitch, coal, oil, turpentine and to prohibit the storage of the same within three miles of the city limits.

XXXII. To regulate or prohibit the building of bondfires, the explosion of fire-works, firecrackers, torpedoes, or other pyrotechnics, within the city.

XXXIII. To prohibit and punish cruelty to animals.

XXXIV. To define and abate nuisances and to impose fines upon parties guilty of creating, continuing or suffering a nuisance to exist on the premises which they occupy or control.

XXXV. To restrain and punish vagrant, medicant (mendicant?) and persons guilty of disorderly conduct.

XXXVI. To establish and maintain a calaboose or jail, for the confinement of persons convicted of violating the ordinances of the city, and to make rules for the government of the same, and appoint a keeper thereof.

XXXVII. To regulate, restrain or prohibit the running at large of horses, cattle, swine, sheep, goats, dogs and other animals, and to authorize the impounding and sale thereof, if found at large contrary to ordinance, and to provide for the punishment of persons allowing such animals to run at large.

XXXVIII. To license the keeping of dogs and provide for the killing or destruction thereof if found running at large without license. XXXIX. To prevent the incumbering of streets, sidewalks, alleys