visor to order teams, &c. tax is due and owing, to furnish a team of horses, Power of super- mules, or oxen, and wagon, cart, scraper, or plow, to be employed or used on the roads under the direction of such supervisor, and shall allow such person a reasonable compensation for the use of such team, wagon, cart, scraper, or plow, in discharge of any labor due from such person. Supervisor to open and repair roads. Extra labor and money for repairs. Sec. 22. The supervisor of roads shall open, or cause to be opened, all public roads which may have been, or may hereafter be laid out and established according to law, in any part of his road district, and shall keep the same in good repair, and if the labor in his district is not sufficient for that purpose, the supervisors shall have power and authority to call out all persons liable to road tax for one more day's labor, and if such labor is not sufficient the board of commissioner are hereby authorized, at their discretion, to appropriate from the general road fund any amount they may see fit for the use and benefit of such district. Sec. 23. The road supervisor shall have authorDrains and ity to cut, open or construct such drains and ditches ty for obstruct as he shall deem necessary for the making and pre ditches, penal ing. serving of such roads, doing as little injury as may be to the lands; and any person stopping or obstructing the drains or ditches so made shall forfeit the sum of twenty dollars, to be recovered by the supervisor in a civil action as before provided. If any person shall feel aggrieved by the act of any supervisor cutting or carrying away any timber or stone as aforesaid, he may make complaint in writacts of super- ing to the county commissioners who shall allow any damages they may see fit, and pay the same out of the road fund. The county commissioners may authorize the supervisors to purchase any plows, scrapers or other instruments that they may think proper, for the use of the road district, and pay for same out of general road fund. Damages for visor. Purchase of implements. structions and repairing Sec. 24. If, at any time during the year, any public road shall become obstructed by snow, or Removing obfrom any other cause, or any bridge shall need re bridges. pairing, or become dangerous for the passage of teams or travelers, the supervisor of the road district, upon being notified thereof, shall forthwith cause such obstruction to be removed, or bridge repaired, for which purpose he shall immediately order out such number of inhabitants of his district as he may deem necessary to remove such obstruction or to repair such bridge; and all persons so ordered out shall, after having received one day's notice, be subject to the same restrictions and liable to the same penalties as if ordered out under section twenty-one of this act. Credit for extra Sec. 25. In all cases under the preceding section, where any person has performed labor on the labor. public roads in removing obstructions or repairing bridges, the supervisors shall give such person a certificate, specifying the amount of extra labor so performed, which certificate may be transferred and received in discharge of the labor of any other person within the same district to the amount of labor specified in such certificate, or may be received from the holder in satisfaction of labor on the roads in such district at any subsequent year for the amount of labor specified therein. Sec. 26. Every supervisor of roads shall receive pay and reports for each day necessarily employed in the perform- of supervisor. ance of any of the duties required by this act, the sum of three dollars, to be paid out of the general road fund; and it shall be the duty of the supervisor to report to the board of county commissioners, at their regular meetings in December, in each year, a sworn statement of all moneys collected by them; they shall also present a sworn statement of the number of days of work done in their district for each year and by whom performed. Of quents. Pre Sec. 27. In an action by the supervisor to reof actions cover a delinquent special road tax as herein prosumption. vided, the presumption shall be that the defendant was duly warned to work the road, and failed and neglected so to do, and that he had no real property listed to him during the current year. No property is exempt from execution and sale for a delinquent road tax. No property exempt. Supervisor lect of duty or Sec. 28. Any supervisor of roads who shall neglect or refuse to perform the several duties enjoined him by this act, or who shall, under any preupon fined for neg- tense whatever, give or sign any receipt or certifisigning false cate purporting to be a receipt or certificate for money paid or labor performed, unless the money shall have been paid or the labor performed prior to the giving or signing such receipt or certificate, shall forfeit for each offense not less than five nor more than twenty dollars, to be recovered before any court having jurisdiction; and it shall be the duty of the county commissioners to sue for the same in the name of the county. Pay of surveyor Distance of apart. Sec. 29. Every person employed as surveyor under this act shall receive as compensation the sum of seven dollars per day, and each viewer the sum of three dollars per day for each day necessarily employed in such labor in surveying or laying out roads under the supervision of the county commissioners. Sec. 30. County roads running parallel shall not county roads be nearer than one mile, and upon the presentation of a petition signed by at least five freeholders of any neighborhood praying for passage to the various water courses for stock purposes, the commissioners may, at their discretion, establish such passageway as provided for in section thirteen of this act. This Stock and tim-section shall also apply to the opening and establishment of neighborhood roads running to timber. ber roads. Sec. 31. Every supervisor shall erect or cause to be erected and keep up at the forks of every highway and every crossing of public roads within his district, a guide or finger board, containing an inscription in legible letters, directing the way and specifying the distance to the next town or public place situated on each road respectively. Guide boards. repealed. Sec. 32. That chapter LIII. of the codified stat- Conflicting acts utes in relation to "Roads and Highways," and Roads, Districts, and Supervisors," and all other acts or parts of acts in conflict with this act, be and the same are hereby repealed. Sec. 33. That this act shall take effect and be in force from and after its passage. Approved February 12, 1874. SCHOOLS. AN ACT to provide for a system of Common Schools. Be it enacted by the Legislative Assembly of the Territory of Montana: of public inpointment and Section 1. A superintendent of public instruc- Superintendent tion shall be appointed by the governor, by and struction; apwith the advice and consent of the legislative coun- term of office. cil, and shall enter upon the duties of his office on or before the twentieth day after his appointment, and shall hold office for the term of two years, or until his successor is appointed and qualified; and shall execute a bond in the penal sum of two thousand dollars, with two good and sufficient securities to be approved by the secretary of the territory, conditioned upon the faithful discharge of his official duties. The superintendent of public instruc- Powers of tion shall have power to adopt a course of studies Report of. school officers register. and rules and regulations for all public schools in the territory; and shall have and use a seal, and authorize the printing of all regulations and circulars necessary to carry their provisions into effect; and shall report to the governor biennially, on or before the first day of December of the years in which the regular sessions of the legislature are held. The governor shall transmit said report to the legislature, and, whenever it is ordered printed, a sufficient number of copies shall be delivered to the superintendent of public instruction, to furnish two copies to be deposited in the territorial library, and one copy to each superintendent of common schools, to be held by him as public property, and delivered to his successor in office; and one copy to each local school officer within the territory. Said report shall contain a statement of the condition of the public schools in the territory, full statistical tables by counties, showing, among other statistics, the number of school children in the territory, the number attending public schools, the average attendance, the number attending private schools, and the amount raised by county and district taxes or from other sources of revenue for school purposes, the amount expended for salaries. of teachers and for building and furnishing schoolhouses, and the statement of the plans for the management and improvement of schools. Sec. 2. The superintendent of public instrucTo furnish tion shall prepare and cause to be printed suitable with forms and forms for making all reports and conducting all necessary proceedings under this act, and shall transmit them to the local school officers and teachers, who shall be governed in accordance therewith; he shall furnish each superintendent of common schools with suitable diplomas and certificates, and shall prepare a school register, which shall be fur |