the terms of the permit, and if not properly cut, the consequent damage to the State; and such timber or logs shall not be sold, transferred, or manufactured into lumber until the amount due the State, according to the report of said Land Agent, shall have been paid in full; and it shall be the duty of the State Land Agent to report to the State Board of Land Commissioners all trespass which has been, or which may hereafter be made upon the State timber lands, and all logs cut by such trespass shall be disposed of as hereinafter provided.

SEC. 5. Upon receipt of such report from the State Land Agent, the State Board of Land Commissioners shall draw duplicate drafts for the amount found due; one of which shall be placed in the hands of the State Treasurer, and the other forwarded to the party from which the stumpage is due, who shall immediately make payment of the required amount to the State Treasurer, take duplicate receipts. therefor, one of which he shall return to the State Board of Land Commissioners, who shall thereupon execute a release of the logs, and a transfer of the mark thereon; but in no case shall such release or transfer be made until the lien of the State has been fully satisfied. If the party owning such stumpage shall not pay the amount of such draft within ten days after said draft has been placed in the hands of the State Treasurer, it shall be the duty of the State Board of Land Commissioners to take possession of the logs in question, and sell the same at public auction to satisfy the claim due the State, paying the overplus, if any, after defraying the costs and expenses of such sale, to the party entitled thereto, and to make return thereof to the State Treasurer; provided, that in lieu of taking possession of the logs upon which stumpage is due, the State Board of Land Commissioners may turn the account over to the Attorney General, who shall immediately proceed to collect the same upon the bond hereinbefore provided for; but in no case shall the logs be released until the account is paid; and proceedings upon the bond shall not prevent the State Board of Land Commissioners from seizing the logs at any time before the claim of the State is satisfied.

SEC. 6. If any person having a contract to cut timber under the provisions of this Act shall, with intent to defraud the State, place any other log-mark upon the logs cut by him under such contract than the one mentioned therein, he shall forfeit to the State the logs upon which any other mark than that agreed upon has been placed, and shall be deemed guilty of a felony, and upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or by imprisonment in the State Prison of not less than one year, nor more than three years, or both.

SECTION 7. That in addition to the penalties provided for in this title against those committing trespass upon any of the lands owned or held in trust or otherwise by this State, the State Board of Land Commissioners is hereby authorized and empowered without legal process to seize and take or cause to be seized and taken any and all lumber, wood, grass or other property unlawfully severed from the said lands whether the same has been removed from said lands or not, and may dispose of the property so seized and taken either at public. or private sale, in such manner as will be most conducive to the interests of the State, and all moneys arising there from, after deducting the reasonable and necessary expenses of such seizure and sale, shall be a part of the permanent fund to which such lands may belong.

SEC. 8. That for the purpose of determining the title to any property seized and taken under the provisions of the preceding section, the State Board of Land Commissioners is hereby authorized and empowered to defend in the name of the State any and all actions that may be brought for that purpose, and to do and perform those things necessary to protect the interests of the State.

SEC. 9. The State Land Agent under the direction of the State Board of Land Commissioners shall select and designate a brand, which he shall place or cause to be placed upon all timber, lumber, logs, boards or planks, that may be seized by him or the State Board of Land Commissioners as provided for in section 7 of this Act. Any person, persons, company, association or corporation who shall remove, sell, or dispose of any such property as mentioned in section 7 of this Act, after the same has been seized or marked with a brand, or who shall, erase, deface, cut or destroy any mark upon any such property, such persons shall upon conviction be imprisoned in the State prison, for a term of not less than one, nor more than three years and be subject to a fine of not less than five hundred dollars, nor more than five thousand dollars.

SEC. 10.

All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

SEC. II.

approval.

This Act shall take effect from and after its passage and

APPROVED Mch. 7, 1893.

An Act to Amend Section 2 of an Act Entitled "An Act to Provide for the Selection, Location, Appraisal, Sale and Leasing of State Lands," Approved March 6th, 1891.

Be it enacted by the Legislative Assembly of the State of Montana:
SECTION
I. That section 2 of an Act entitled, "An Act to

provide for the selection, location, appraisal, sale and leasing of State lands," approved March 6th, 1891, be amended so as to read as follows: SEC. 2. The proceeds arising from the sale of lands granted to the State for educational purposes, shall be invested, first, in bonds of the State of Montana; second, in such bonds of the several counties of the State, as the Board of Land Commissioners shall deem most safe and secure; third, in bonds of school districts; fourth, in State warrants; fifth, in county warrants provided that before any of such proceeds shall be in the bonds of any school district within the State of Montana, the said Board of Land Commissioners shall be satisfied by statements of the Trustees of the school district proposing to negotiate the sale of its bonds, that the bonds to be negotiated are the only bonds issued by the said school district, and that the outstanding indebtedness of such school district does not exceed three per cent. upon the valuation of the property within said district. The interest on all moneys arising from the sale or leasing of school lands shall be used for the purposes for which the grant was made.

SECTION 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

SECTION 3.

and approval.

This Act shall take effect from and after its passage

APPROVED Mch. 9, 1893.

An Act to Amend Section 42, First Division, Code of Civil Procedure, Compiled Statutes of Montana.

Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. That section 42, First Division, Code of Civil Procedure, Compiled Statutes of Montana, be amended so as to read as follows:

SECTION 42. An action for waste or trespass on real property; Provided that when the trespass is committed by reason of underground works upon any mining claim, the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting such waste or trespass.

2. An action upon a liability created by statute, other than a penalty of forfeiture. 3. An action for taking, detaining or injuring any goods or chattels including actions for the specific recovery of personal property. 4. An action for relief on the ground of fraud or mistake (the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting fraud or mistake) shall be commenced within two years. APPROVED Mch. 9, 1893.

An Act to Authorize the State Board of Education to Select Lands From the School Lands and Other Public Lands of the State for the Uses and Purposes of the Educational Institutions of the State. Be it enacted by the Legislative Assembly of the State of Montana : SECTION I. The State Board of Education is authorized to select from the School Lands and other public lands of the State suitable sites for the location of the State University, the Agricultural College, and Experimental Station, the School of Mines, and the Normal School, within the limits prescribed in the Acts locating the said institutions respectively, which sites may include sufficient land for the proper use and maintenance of said institutions, and said lands when so selected, shall be, and they are hereby set apart and dedicated to and for the sole use and purpose of the said institutions.

SECTION 2. It shall be the duty of said State Board of Education, when any selection shall be made by it, under the authority of section I of this Act, to make a certificate of such selection, which certificate shall contain the date of such selection, a description of the lands selected, for what institution selected, and a reference to this Act by its title, and the date of its approval, as the authority for its said action and said certificate when so made shall be signed for said Board by the President and Secretary thereof, and filed and recorded with the Clerk and Recorder of the county in which said lands are situated, and a copy thereof shall be filed with the State Board of Land Commissioners.

SECTION 3. This Act shall not be construed as obligatory upon said State Board of Education to make such selection from the school or public lands of the State, but it may in its discretion select such State or public lands, or other lands as it may deem advisable for the best interests of said institutions.

SECTION 4. This Act shall take effect, and be in force from and after the date of its passage.

APPROVED Mch. 10, 1893.

An Act Giving the Consent of the State of Montana to the Purchase by the United States of Land in Any City or Town of the State for the Purpose of United States Court House, Post Offices and for Other Like Purposes.

Be it enacted by the Legislative Assembly of the State of Montana:
SECTION I.
That an Act, entitled "An Act giving the consent of
the State of Montana to the purchase by the United States of land in

any city or town of the State for the purpose of United States Court House, Post Office, and for other purposes," approved March 5, 1891, be amended so as to read as follows:

SECT. 1. That pursuant to article 1, section 8, paragraph 17, of the Constitution of the United States, consent to purchase is hereby given, and exclusive jurisdiction ceded, to the United States over and with respect to any lands within the limits of this State, which shall be acquired by the United States, for any of the purposes described in said paragraph of the Constitution of the United States; said jurisdiction to continue as long as the said lands are held and occupied by the United States for public purposes; reserving, however, to this State, a concurrent jurisdiction for the execution upon said lands of all process, civil, or criminal, lawfully issued by the courts of the State, and not incompatible with the cession hereby made; provided, that an accurate map or plat and description by metes and bounds of said land shall be filed in the office of the County Clerk, and Recorder of the county in which the same are situated, and if such lands shall be within the corporate limits of any city, such map or plat shall also be filed in the office of the City Clerk of said city; and provided further, that the State reserves the right to tax all property of any railroad or other corporation having a right of way or location over or upon the said land.

SECTION 2. This Act shall take effect from and after its passage. APPROVED Mch. 9, 1893.

An Act, to Repeal an Act, With Reference to Estrays Upon the Public Domain.

Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. That an Act, entitled an Act, with reference to estrays upon the public domain, adopted by the Second Legislative Assembly of the State of Montana, and approved March 5th, 1891, be and the same is hereby repealed.

APPROVED Feby. 3, 1893.

An Act Entitled an Act to Create a Lien for the Service of Stock

Horses.

Be it enacted by the Legislative Assembly of the State of Montana : SECTION I. That every owner or agent who may have the cus