smoke and fumes exist to make contracts for the abatement thereof, and issue and dispose of bonds for that purpose, subject to the limitations and conditions hereinafter provided.

SECTION 2. Wherever a petition is presented to the Board of County Commissioners of any county, or to the Council of any incorporated city or town, signed by at least one hundred of the resident taxpayers of such county, or incorporated city or town, requesting that a contract be made, and vote taken under this Act, it shall be the duty of the Board of County Commissioners of such county or Council of such incorporated city or town, as the case may be, to enter into and make a contract for the abatement of such injurious and unhealthy smoke or fumes, or for conducting or carrying the same away, so as to remove or lesson the injurious and unhealthy results thereof as effectually as the same can be done; that such contract shall be entered into and made with such person or persons, corporation or corporations, and contain such provisions and conditions as will in the opinion of the Board of County Commissioners, or Council of said incorporated town or city, as the case may be, best accomplish the purpose aforesaid, and shall take effect and be in force as provided in this Act.

SECTION 3. Whenever a contract shall have been entered into, as aforesaid, it shall be reduced to writing and executed by the parties in due form of law, and three copies thereof deposited with the Clerk of the Board of County Commissioners, or Clerk of the Council, as the case may be, for public inspection and examination, and the person or persons, corporation or corporations with whom said contract shall have been made shall execute their or its bond or bonds with sufficient sureties to such Board of County Commissioners, or city or town, conditioned for the full and faithful performance of all the terms and conditions on their part, the terms, conditions and penalty of which shall be approved by the contracting board or Council, which said bond or bonds to be in full force and effect upon the ratification thereof as hereinafter provided, which condition shall be expressed therein.

SECTION 4. That the purpose of raising moneys to meet the payments under the terms and conditions of said contract, and other necessary and proper expenses in and about the same, and the approval or disapproval thereof, it shall be the duty of the Board of County Commissioners, if the petition be presented to it, within thirty days thereafter, to ascertain the existing indebtedness of the county in the aggregate, and within sixty days after ascertaining the same to submit to the electors of such County the proposition to approve or disapprove the said contract and the issuance of bonds necessary to carry out the same, which shall not exceed five per centum of the value of

the taxable property therein, inclusive of the existing indebtedness thereof, to be ascertained by the last assessment for State and county taxes previous to the issuance of said bonds and incurring said indebtedness; and if said petition be presented to the Council of any incorporated city or town, then within thirty days thereafter they shall ascertain the aggregate indebtedness of such city or town, and within sixty days after ascertaining the same, submit to the electors of such city or town the proposition to approve or disapprove said contract and the issuance of bonds necessary to carry out the same, which shall not exceed three per centum of the value of the taxable property therein, inclusive of the existing indebtedness thereof, to be ascertained in the manner hereinbefore provided; and if disapproved the expenses of such election shall be paid out of the general fund of such County, city or town, as the case may be.

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SECTION 5. The vote upon such proposition shall be had at an election for that purpose to be held, conducted, counted and results ascertained and determined in the manner and by the same officers provided by law for general elections, except as otherwise herein provided, and the proposition to be submitted shall be upon printed tickets or ballots upon each of which shall be printed the following: "For the Contract and Bonds Against the Contract and Bonds ", the former above the latter, and the elector shall indicate his vote by a cross, opposite the one or the other for which he votes, and if it appear from the result of such election that a majority of the votes cast were "For the Contract and Bonds" then said contract shall be in full force and effect, and the said bonds shall be issued and disposed of in the manner hereinafter provided; and if it shall appear from the result of such election that there was a tie, or a majority of said votes were cast Against the Contract and Bonds" then the said contract and bond given for its fulfillment shall be null and void and of no effect, and said bonds and none thereof shall be issued.

SECTION 6. The Board of County Commissioners of the County in which such election is to be held, or the council of the incorporated city or town, as the case may be, shall give notice of such election, stating the objects thereof, the time and place of holding the same, such conditions of the contract as in their judgment is proper and necessary to enable the electors to vote intelligently upon the proposition submitted to them, the amount of bonds proposed to be issued, when payable, and the interest they are to bear, with a description of the tickets or ballots to be used, in some newspaper printed and published and circulated in the county or city or town, as the case may be, in which such election shall be held, at least three times a week for at

least six consecutive weeks next preceding such election, and if no newspaper be printed, published and circulated therein, then in some newspaper printed and published in some county nearest thereto.

SECTION 7. The bonds to be issued upon the conditions and under the provisions aforesaid shall bear the date of their issuance; shall be designated as Sanitary Coupon Bonds of the County, city or town issuing the same; shall be of a denomination not less than five hundred or more than one thousand dollars each; shall be payable at such place in New York City or elsewhere at the discretion of the Board or Council issuing the same; shall bear interest at the rate of six per cent per annum, payable thirty years after the date thereof, with the privilege of paying the same at any time after five years from such date, which interest shall be payable semi-annually at the place whereat the principal is payable, and for which interest coupons shall be attached to said bonds. If said bonds and coupons are issued by any County they shall be signed by the Chairman of the Board of County Commissioners of such County and attested by the Clerk thereof and his seal thereto attached; and if issued by any incorporated city or town, the same shall be signed by the Mayor and attested to by the City or Town Clerk and the seal thereof attached.

SECTION 8. The Board of County Commissioners or Council, as the case may be, may provide by said contract for the delivery of said bonds or any part thereof, at their face value upon the terms and conditions in said contract provided, or may sell and dispose of the same, or any part thereof, to raise funds to carry out said contract, and use such funds for that purpose, and for the payment of any expert or experts, or any incidental expenses proper and necessary in and about said contract and the carrying out of the same. And in the event said

bonds are sold, they shall be sold for cash to the highest bidder, after public notice by publication in a paper of general circulation, which may be printed and published in each county in the State, and also by publication in at least three newspapers of general circulation, printed and published in the Cities of Boston and New York. Such notice shall be published at least once a week, and shall contain in substance, a description of said bonds, as set out in the preceding section of this Act, and the proceeds of the sales thereof shall be paid over to the County Treasurer, or the City or Town Treasurer, as the case may be, and kept as a separate and independent fund for the purposes herein provided, and shall be known as the Sanitary Coupon Bond Fund, and shall be deposited and kept in such a manner and at such Bank, or Banks, as the Board of County Commissioners of the County, or Council of the city or town, owning such funds, may

direct, and which shall not be paid out or disbursed, except upon warrants or orders drawn thereon by the Board of County Commissioners, or Council of such incorporated City or Town, signed and attested in the manner provided by law.

SECTION 9. The faith of the county or incorporated city or town, issuing bonds under the provisions of this Act, is solemnly pledged for the payment of the principal and interest according to the tenor of said bonds and the coupons attached to the same, and the Board of County Commissioners of the County, or Council of the incorporated city or town, issuing said bonds, shall ascertain and levy and assess a tax sufficient to pay the interest upon said bonds, and form such sinking fund for the payment of the principal thereof, as may be necessary and proper, in the manner provided by law, or ordinance, which shall become a lien and be collected as other taxes, and shall be kept as a separate fund, as hereinbefore provided, and all bonds, coupons, orders and warrants issued and drawn under the provisions of this Act shall be promptly paid, registered and entered in books kept for that purpose, and correct and proper entries made in respect thereto, and the same when paid shall be cancelled and preserved, and proper entries made thereof, as provided by law in cases of other bonds, warrants and orders.

SECTION 10. In the event it shall be found expedient and proper in executing said contract to modify or change the same in some of the minute details thereof, and such modifications or change shall be agreed upon by the parties thereto, the same may be made with the approval of the Judge or Judges of the District forming such County, or the Judge or Judges of the District in which such County or incorporated City, or town is included, and when so approved shall have the same force and effect as if originally contained therein.

SECTION II. That no registration under the election laws of this State shall be required for the purposes of the election herein provided for, and the registration had at the last election preceding the same shall govern and control, and if especailly had and done for the purposes of the election to be held under this Act.

SECTION 12.

after its passage.

This Act to take effect and be in force from and

APPROVED Mch. 8, 1893.

An Act to Authorize the Amendment of Certificates of Incorporation of Railroad Corporations.

Be it enacted by the Legislative Assembly of the State of Montana: SEC. 1. That any corporation heretofore formed, or which may hereafter be formed, under the provisions of Chapter 25, of the 5th Division of the Compiled Statutes of Montana, relating to railway corporations may by a majority vote of its Board of Directors and by the assent of its stockholders, representing at least two-thirds of the subscribed capital stock of such corporation, expressed in writing, or at a general or special meeting of stockholders, amend its certificate of incorporation in any one or more of the following particulars, to-wit: By more particularly describing the general route of its road, or any part thereof, or by correcting or supplying any defect, mistake or insufficiency in the description thereof, contained in said certificate, by describing any change or changes in its route or any additions or extensions to or of its line of road, by adding thereto or extending the same to points or termini other than those mentioned in the original certificate of incorporation.

SEC. 2. That a copy of such amendment or of the original certificate of incorporation, as amended, and a copy of the resolution of the Board of Directors adopting the same, certified by the President and Secretary of the Company, under the corporate Seal, to be correct. and to have been adopted by a majority vote of the Directors of the Company and to have been assented to in writing or by vote of stockholders representing at least two-thirds of the subscribed capital stock of the Company and shall be filed with, and recorded by the Secretary of State; and a like copy certified as aforesaid, shall be filed with and recorded by the County Clerk and Recorder of the County in which the principal place of business of the company is or shall be situated; and from the time of such filing, said original certificate of incorporation shall be deemed to be amended accordingly, and such corporation shall have the same rights and powers and it and the stockholders thereof shall be subject to the same liabilities, as if such amendment had been embraced in the original articles or certificate of incorporation.

SEC. 3.

That said certificate and amended certificate, may be amended in like manner whenever deemed expedient or necessary by the Board of Directors and stockholders of the Company.

SEC. 4.
APPROVED Feby. 24, 1893.

This Act to take effect from and after its passage.