of the taking of such coal and to pay and compensate him therefor within thirty days from the time of the taking. (Act approved March 6, 1907, § 2.) 4357. Any person, corporation or common carrier who shall violate the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars, nor more than two hundred dollars. (Act approved March 6, 1907, § 3.) 4358. Tat it shall hereafter be unlawful for any corporation, association or company, to wilfully obstruct, blockade, interfere with or prevent the free use of any public highway within the State of Montana, where such highway crosses any railroad track outside of incorporated cities and towns, by stopping any railroad train, car, engine or locomotive for more than fifteen minutes at any one time, or by placing, depositing or leaving any article or thing, whatsoever, on any railroad track at the point where any public highway crosses such track outside of incorporated cities, and towns, and any corporation, association or company, so obstructing, blockading or interfering with the free use of any such highway, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars. This Act shall not be construed as repealing any existing laws prohibiting encroachments upon, or obstruction of, public highways. (Act approved February 26, 1907.) 4359. That no Railway Company operating trains within this State shall permit any locomotives or cars to cross the tracks of any other railroad, at grade, without coming to a full stop immediately before crossing; provided, however, that if any Railway Company or Companies, using one or more tracks crossing each other or connecting, in any way, at a common grade, shall, by an interlocking plant, signal station, or any other works or fixtures, to be erected by them, or either of them, render it safe to pass over said crossings without stopping, and such plant, works or fixtures shall have been first approved by the County Commissioners of the County wherein such works are to be constructed and used, and the plans of such works and fixtures for such crossing, designating the place of such crossing, shall have been filed with such Commissioners, then and in that case the foregoing provisions of this section, requiring the stopping of trains at such crossing, shall not apply to said companies, or either of them; and, if said County Commissioners shall disapprove any such plans so filed with them, or fail to approve the same within twenty (20) days after the filing thereof with them, such railway companies, or either of them, may apply, in the county where such crossing is situated, to the District Court in and for said County, or to judge thereof in vacation, by petition in writing setting forth the object of such application, and said court or judge shall, thereupon, appoint a time and place for the hearing of said petition, and a copy of the order appointing such time and place, together with a copy of said petition, shall be served upon said County Commissioners at least ten (10) days before the day appointed for såid hearing, and said District Court, or a judge thereof in vacation, shall have full power, upon the hearing of said petition, to grant the prayer thereof, or to make such other order thereon as may be proper in the premises, and the foregoing provisions of this section, requiring the stoppage of trains at crossings, shall not apply to said railway companies, or either of them, if said District Court shall, by its order upon said petition, grant the prayer thereof or otherwise and to any extent approve the construction and use of the interlocking plant or other structures therein referred to. (Act approved February 17, 1903.) 4360. That every railroad corporation operating its lines of road or any part thereof within this State, shall, between the fifteenth day of April and the first day of July in the year 1903 and each succeeding year thereafter, plough in a good and workmanlike manner, covering the sod well, upon each side of its line of road wherever it passes through a range or grazing country, a continuous strip of not less than six feet in width on each side of its track, as a fire guard, which said strip shall as near as practicable run parallel with the line or lines of said railroad, and in addition to such ploughing, said railroad company shall cause to be burned between the fifteenth day of July and the fifteenth day of September of each year, all the grass and vegetation between the said ploughed strips and a line of fifty (50) feet inside said ploughed strip; Provided that such fire guards so ploughed and burned need not be constructed within the limits of any town, village or city nor in private fields under cultivation nor along the line of such railroad whenever the same runs through the mountains or elsewhere where such ploughing or burning would be impracticable; and provided further, that said fire guard or portion thereof, need not be ploughed or burned on or through any lands which may be released from the operation of this act by the Board of County Commissioners of the county wherein such land is situated by their written certificate of release filed in the office of the County Clerk of the said county; provided further, that said ploughing be not less than three hundred (300) feet from the center of the railroad track on each side of the same. Except in cases of cultivated fields and then such ploughing and burning shall be done closer to such railroad but not less than seventy feet from the center of the track. (Act approved March 5, 1903, § 1.) 4361. That if any railroad company fails to comply with any of the provisions of Section 1 of this Act the Board of County Commissioners of the County wherein such violation occurs shall cause the neglected ploughing or burning or both therein provided for, to be done, and may in a suit to be brought in their name, as said board, in the District Court having jurisdiction, recover double the amount of the cost of such ploughing or burning or both with reasonable attorney fees to be fixed by the Court, and such railroad company shall be liable further for all damages caused by its failure to comply with this act. (Act approved March 5, 1903, § 2.) 4362. It shall be the duty of every corporation, company, or person owning or operating any railroad, or branch thereof, in this State, and of any corporation, company, or person constructing any railroad in this State, within three months after the completion of the same through any county in this State, to cause to be constructed and maintained suitable ditches and drains along each side of the roadbed of such road or to construct culverts or openings through such roadbed to connect with ditches or drains, or water coursse, so as to afford sufficient outlet to drain and carry off the water along such railroad whenever the draining of such water has been obstructed or rendered necessary by the construction of such railroad; provided that none of the drains or ditches herein referred to shall be required to be constructed by any of the persons or corporations herein named or described, except when required to remove and drain off water accumulated upon property adjacent to or upon the right of way whose natural channel or outlet has been destroyed or impaired by the embankment of such railway so constructed as aforesaid. And in case' such corporation, company or person shall fail or neglect to construct and maintain such ditches or drains as are herein required, within the time limited in this Section, the Board of County Commissioners of any County, through which such railroad has been, or may be constructed and located and in which the draining herein required has been neglected, are hereby authorized and required, upon the petition of twenty land owners of such County along the line of and contiguous to such railroad, to cause such ditches or drains as are herein required to be constructed and maintained, and said Board of County Commissioners may maintain an action against such corporation, company or person so failing to comply with the provisions of this Section, in any Court of competent jurisdiction, in the name of such County, and shall be entitled to recover all costs and expenses incurred in the construction and maintenance of said drains or ditches. (Act approved March 6, 1903.) CODE OF CIVIL PROCEDURE MANNER OF COMMENCING CIVIL ACTIONS. Section 6504. Place of trial of civil actions. 6504. (§ 613.) In all other cases, the action shall be tried in the county in which the defendants, or any of them, may reside at the commencement of the action, or where the plaintiff resides, and the defendants, or any of them, may be found; or if none of the defendants reside in the state, or, if residing in the state, the county in which they so reside be unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if any defendant or defendants may be about to depart from the state, such action may be tried in any county where either of the parties may reside, or service be had. Actions upon contracts may be tried in the county in which the contract was to be performed; and actions for torts in the county where the tort was committed; subject, however, to the power of the court to change the place of trial, as provided in this Code. Bond v. Hand, 31 Mont. 314. McDonald vs. Collins, 19 Mont. 372. Oels vs. Helena, Etc. Ry., 10 Mont. 524. Wallace vs. Owsley, 11 Mont. 219. 66 Cal. 209. 65 Cal. 600. 6519. (§ 636.) The summons must be served by delivering a copy thereof, as follows: 1. If the suit is against a corporation formed under the laws of this state, to the president or other head of the corporaion,secretary, cashier, or managing agent thereof. 2. If the suit is against a foreign corporation, or a non-resident joint stock company or association doing business and having a managing or business agent, cashier or secretary within this state, to such agent, cashier or secreary, or to a person designated as provided in section 4414 (§ 1031) of the Civil Code. 3. Any corporation doing business in thi sstate may be served with summons, by delivering a copy of the same to the president, secretary, treasurer or other officer of the corporation, or to the agent designated by such corporation as the person upon whom service shall be made as required by |