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 All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.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. This Act shall take effect from and after its passage and approval.

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 1. 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

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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. I. 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

tody or control of any stallion, who shall charge a fee for the service of such stallion, shall, before advertising or offering such services to the public for any fee, reward or compensation, file with the Clerk of the county in which owner or owners or agents reside, or which (where?) such stallion shall be kept for service, a written statement, giving the name, age, pedigree and record if known, if not, that the same is unknown, description, terms and conditions upon which such stallion will serve. Upon filing such statement the County Clerk shall issue a certificate or license to owner or owners or agents, having custody and control of such stallion, that such a statement has been filed in his office, the owner or owners or agents of such stallion shall then post a written or printed notice of a copy of the statement so filed with the County Clerk in a conspicuous place in each locality in which said stallion shall be kept for service.

SECTION 2. Every owner or agent who shall proclaim or publish a false or fraudulent pedigree or record or statement of any kind regarding any stallion, or who shall neglect or refuse to comply with the provisions of section 1 of this Act, shall forfeit all fees for the services of such stallion and the person or persons who may have been deceived or defrauded by such false or fraudulent pedigree or record or statement, may sue and recover in any court having jurisdiction, such damages as may be shown to have been sustained by reason of false representation and fraud.

SECTION 3. Whenever the owner or agent of any stallion shall have complied with the foregoing provisions of this Act, the services of such stallion shall become a lien on each mare served, together with a foal of such mare served from such service in an amount agreed upon between the parties at the time of service; or if no agreement was entered into by them, in such amount as specified as service fee of stallion or stallions in the statement of the owner or agent filed with the County Clerk, Provided, A notice of lien shall be filed within twelve months after such service; such lien shall terminate at the end of the year from the date of filing notice thereof, unless within that time an action shall be commenced for the enforcement thereof.

SECTION 4. This Act shall take effect from and after its approval, and all Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.

APPROVED Feby. 25, 1893.

An Act With Reference to Driving Stock Into or Through the State of Montana.

Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. All droves of horses, mules, cattle or sheep which may hereafter be driven from any other State or Territory of the United States or any foreign country, into or through any county or counties of this State, shall be plainly branded or marked with one uniform brand or mark.

SECTION 2. All such horses, mules and cattle shall be SO branded with one distinct ranch or road brand of the owner or owners so as to show distinctly in such place or places as the owner may adopt.

SECTION 3. All such sheep shall be marked distinctly with such mark or devise as may be sufficient to distinguish the same readily should they become intermixed or mingled with other flocks of sheep in this State.

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SECTION 4. Any such owner or owners, person or persons charge of such drove of stock which may be driven into or through this State, who shall fail to comply with the provision of this Act, shall be fined in a sum not less than fifty dollars, nor more than three hundred dollars together with costs of suit.

SECTION 5. It shall be the special duty of the County Attorney, Sheriff, and any Constable of each and every county in this State, to enforce the provisions of this Act.

SECTION 6. All fines collected under the provisions of this Act, shall be paid into the general school fund of the county in which judgment therefor is recovered.

SECTION 7. All Acts and parts of Acts in conflict with this Act are hereby repealed.

APPROVED Mch. 7, 1893.

An Act to Prohibit any Person or Persons from Driving Horses, Mules or Cattle from Their Usual and Customary Range.

Be it enacted by the Legislative Assembly of the State of Montana: SECTION 1. That any person or persons other than the owner of, or his agents who shall drive any horses, mules or cattle farther from their usual and customary ranges, than the nearest corral, and who shall neglect to return such horses, mules or cattle immediately to their accustomed range; provided they can have the use of such corral shall be deemed guilty of a misdemeanor, and on conviction.