ductor and Engineer when Stock killed or injured.

the company and public, where no such fence is built, at a greater rate of speed than eight miles per hour, shall be deemed negligence and render the company liable under this section,

SEC. 2. Whenever any stock, such as horses, mules, cattle, sheep or any other valuable animals Duty of Con- are killed, wounded or injured by railroad trains running in the State the conductor and engineer of the train doing the damage shall notify the station master or overseer at the station house nearest to the killing or wounding, whose duty it shall be to post within one week thereafter a true and correct description of such stock as may have been so killed or wounded at the nearest station house, giving a true and correct description of the color, marks, brands, and other natural description as may assist in iḍentifying such stock, and the time when and the place ter to give Notice where killed or wounded, and keep a record of the same, and on the failure to so advertise any stock killed or wounded the owner shall recover double damages for all stock so killed and not advertised.

Of Station mas

Penalty for mutilating, etc killed or wounded animals.

SEC. 3. Any section boss, master hand or other person employed by any railroad company, owning or operating any railroad in this State, who shall mutilate, disfigure, burn, haul off or bury any animal that may be killed or wounded on any railroad in this State, or who shall fail to preserve all marks, or brands on hide or ear of such animal, without first notifying at least two citizens of the neighborhood not in the employ of the railroad company, shall be deemed guilty of a misdemeanor and be fined in any sum, not less than twenty-five dollars nor more than one hundred dollars for such offense. All acts and parts of acts in conflict Repealing Clause with the provisions of this act are hereby repealed.

SEC. 4.

SEC. 5. This act shall take effect and be in force from and after August 1, 1891.

APPROVED March 2, 1891.

EMINENT DOMAIN.

An Act to amend Sections 608 and 614 of the First Division of the Code of Civil Procedure, being Title XV, of the Compiled Statutes of Montana of 1887, entitled "Of Eminent Domain."

Be it enacted by the Legislative Assembly of the State of Montana:

SECTION I. That Section 608 of the First Division of the Code of Civil Procedure, being Title XV. of the Compiled Statutes of Montana of 1887, entitled "Of Eminent Domain" be, and the same is hereby amended so as to read as follows:

Amending Eminent Doma in Law.

Duties of Com

SEC. 608. The Commissioners mentioned in the last preceding section shall, before entering upon their duties, severally take and subscribe an oath missioners. before some person qualified to administer oaths, faithfully and impartially to discharge the duties of their appointment. The said commissioners shall meet at the time and place mentioned in the order appointing them, and to proceed to examine the lands sought to be appropriated, and shall hear the allegations and evidence of all persons interested in each of the several parcels of land, and shall ascertain and assess:

FIRST. The value of the property sought to be appropriated, and all improvements thereon, pertaining to the realty, and of each and every separate estate and interest therein; if it consists of different parcels, the value of each parcel, and each estate, or interest therein shall be separately assessed.

What to Ascertain and Assess.

When to File Report.

Notice of.

SECOND. If the property sought to be appropriated constitutes only a part of a larger parcel, the damages which shall accrue to the portion not sought to be condemned by reason of its severence from the portion sought to be condemned, and the construction of the improvements in the manner proposed by the plaintiff.

THIRD.-Separately how much the portion not sought to be condemned, and each estate or interest therein, will be benefitted, if at all by the construction of the improvements proposed by the plaintiff, and if the benefit shall be equal to the damages assessed under sub-division two (2), the owner shall be allowed no compensation except the value of the portion taken; but if the benefit shall be less than the damages assessed, the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value.

FOURTH. As far as practicable compensation must be assessed for each source of damage separately. Within three (3) months after completing their said examination, and the making of said appraisement and assessment of damages the said commissioners shall file a full report of their doings in the premises, accompanied by a map showing the route and location of the proposed railroad or other public works or improvements, in the office of the clerk of the court, in the county where the said proceeding is pending, and shall notify the parties interested in such report that the same is made and filed; such notice shall be served upon the respective parties in the same manner as summons in civil action. Appeals from the assessments made by the commissioners may be taken and prosecuted in the court where the report of said When and how commissioners is filed, by any party interested. Such appeal must be taken within the period of

Appeals.

taken.

Trial of.

Judgment upon

thirty days after the service upon appellant of the notice of the filing of the award by the service of notice of such appeal upon the plaintiff in such proceeding, and the same shall be brought on for trial upon the same notice and in the same manner as other civil actions, and unless a jury shall be waived by the consent of all parties to such appeal, the same shall be tried by jury, and the damages to which appellant may be entitled to by reason of the appropriation of his property, shall be re-assessed upon the same principle as hereinbefore prescribed for the assessment of such damages by commissioners; upon any verdict or assessment by commiss- Assessment ioners becoming final, judgment shall be entered declaring that upon payment of such verdict or assessment, together with the interest and costs allowed by law, if any, the right to construct and maintain such railroad or other public work or improvement, and to take, use and appropriate the property described in such verdict or assessment, for the use and purposes for which said land has been condemned, shall as against the parties interested in such verdict or assessment, be and remain in the piaintiff and his or its heirs, successors or assigns, forever.

Verdict.

Costs

In case the party appealing from the award of commissioners in any proceeding as aforesaid, shall not succeed in increasing the amount of damages finally awarded to him in such proceeding, he shall peal. not recover the costs of such appeal; but all the costs of the appellee upon such such appeal shall be taxed against and recovered from the appellant.

Provided, That upon the trial of such appeal, the plaintiff may contest the right of any party or parties thereto, to any of the property mentioned and set forth or involved in said appeal, which was located after the preliminary survey of any such

or

on Ap.

Repealing Clause

Use and pos

Proceedings.

railroad, seeking to condemn its right of way under and pursuant to the provisions of this act.

Provided, Such condemnation proceedings are begun within one year after such preliminary survey.

SEC. 2. That section 614 of the First Division of the Code of Civil Procedure, being Title XV of the Compiled Statutes of Montana of 1887, entitled, "Of Eminent Domain," be, and the same is hereby amended so as to read as follows:

SEC. 614. That at any time after the issuing of the summons, the court, or any judge thereof at chambers, may authorize the plaintiff, if already in session pending possession, to continue therein, and if not, then to take possession of and use the property during the pendency, and until the final conclusion of such proceedings, and may stay all actions and proceedings against the plaintiff on account thereof, but the plaintiff must give security to be approved by such court or judge.

When Act to

take Effect.

To pay as weil the compensation in that behalf when ascertained, as all damages which may be sustained by the defendant, if for any cause the property shall not be finally taken for public use.

SEC. 3. This act shall take effect and be in force from and after its passage.

APPROVED March 6, 1891.

COLLEGES.

A Bill for An Act to Enable Universities and Colleges under the Patronage of Relegious Bodies to Reorganize and Change Their Names.