reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4302. Construction

7-3-4302. Construction.
(1) Except as otherwise provided in part 44 and this part, all acts, parts of acts, and laws relative to municipal corporations are in force and are not repealed by part 44 and this part unless they conflict or are inconsistent with the provisions of part 44 and this part.
(2) Part 44 and this part do not repeal or modify Title 69, chapter 3, or 69-4-101, and part 44 and this part do not curtail or impair the power or authority of the public service commission.
History: (1)En. Sec. 118, Ch. 152, L. 1917; re-en. Sec. 5515, R.C.M. 1921; amd. Sec. 19, Ch. 31, L. 1923; re-en. Sec. 5515, R.C.M. 1935; Sec. 11-3331, R.C.M. 1947; (2)En. Sec. 119, Ch. 152, L. 1917; re-en. Sec. 5516, R.C.M. 1921; amd. Sec. 20, Ch. 31, L. 1923; re-en. Sec. 5516, R.C.M. 1935; amd. Sec. 6, Ch. 315, L. 1974; Sec. 11-3332, R.C.M. 1947; R.C.M. 1947, 11-3331, 11-3332; amd. Sec. 2, Ch. 214, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4303. Laws governing municipality

7-3-4303. Laws governing municipality.
(1) All laws governing municipalities of like population and not inconsistent with the provisions of this part and part 44 shall apply to and govern municipalities organized under this part and part 44. All bylaws, ordinances, and resolutions lawfully passed and in force in any such municipality under its organization, not in conflict herewith, shall remain in force until altered or repealed by the commission under the provisions of this part and part 44.
(2) The powers which are conferred and the duties which are imposed upon any officer, board, or commission or department of the municipality under the laws of the state shall, if such officer, board, commission, or department is abolished by this part and part 44, be thereafter exercised and discharged by the officer, board, commission, or department upon whom are imposed corresponding functions, duties, and powers under the provisions of this part and part 44.
History: (1)En. Sec. 8, Ch. 152, L. 1917; re-en. Sec. 5407, R.C.M. 1921; re-en. Sec. 5407, R.C.M. 1935; Sec. 11-3208, R.C.M. 1947; (2)En. Sec. 112, Ch. 152, L. 1917; re-en. Sec. 5509, R.C.M. 1921; re-en. Sec. 5509, R.C.M. 1935; Sec. 11-3325, R.C.M. 1947; R.C.M. 1947, 11-3208(part), 11-3325(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4304. Territorial limits and property

7-3-4304. Territorial limits and property.
The territorial limits of such municipality shall remain the same as under the former organization, and all rights and property of every description which were vested in any such municipality under its former organization shall vest in the same under the organization herein contemplated, and no right or liability either in favor of or against it, existing at the time and no suit or prosecution of any kind shall be affected by such change unless otherwise provided for in this part or part 44.
History: En. Sec. 8, Ch. 152, L. 1917; re-en. Sec. 5407, R.C.M. 1921; re-en. Sec. 5407, R.C.M. 1935; R.C.M. 1947, 11-3208(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4305. Petition to organize under commission-manager form -- election required

7-3-4305. Petition to organize under commission-manager form -- election required.
(1) Upon the filing of a petition with the city or town council, signed by at least 15% of the qualified electors of the municipality registered for the last general municipal election, proposing that the question of reorganization under this part and part 44 be submitted to the qualified electors of the municipality, the city or town council shall order an election to be held in accordance with Title 13, chapter 1, part 4. At the election, the question of reorganization of the municipality under the provisions of this part and part 44 must be submitted to the qualified electors of the municipality.
(2) The order of the city or town council must specify the time when the election will be held pursuant to 13-1-405.
History: En. Sec. 2, Ch. 152, L. 1917; re-en. Sec. 5401, R.C.M. 1921; re-en. Sec. 5401, R.C.M. 1935; R.C.M. 1947, 11-3202; amd. Sec. 11, Ch. 250, L. 1985; amd. Sec. 3, Ch. 319, L. 1993; amd. Sec. 21, Ch. 387, L. 1995; amd. Sec. 67, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4306. Repealed

7-3-4306. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 3, Ch. 152, L. 1917; re-en. Sec. 5402, R.C.M. 1921; re-en. Sec. 5402, R.C.M. 1935; R.C.M. 1947, 11-3203.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4307. Form of ballot

7-3-4307. Form of ballot.
At an election under 7-3-4305, the ballots to be used must be headed "Election for the purpose of submitting to the qualified electors of the (city, town) of (name of city or town) under chapter 152 of the acts of the fifteenth legislative assembly" and must be substantially in the following form:
☐ FOR reorganization of the (city, town) of (name of city or town) under chapter 152 of the acts of the fifteenth legislative assembly.
☐ AGAINST reorganization of the (city, town) of (name of city or town) under chapter 152 of the acts of the fifteenth legislative assembly.
History: En. Sec. 4, Ch. 152, L. 1917; re-en. Sec. 5403, R.C.M. 1921; re-en. Sec. 5403, R.C.M. 1935; R.C.M. 1947, 11-3204(part); amd. Sec. 68, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4308. Repealed

7-3-4308. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 4, Ch. 152, L. 1917; re-en. Sec. 5403, R.C.M. 1921; re-en. Sec. 5403, R.C.M. 1935; R.C.M. 1947, 11-3204(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4309. Effect of vote on question of organization

7-3-4309. Effect of vote on question of organization.
(1) If the proposition is adopted, the mayor shall transmit to the governor, to the secretary of state, and to the county clerk and recorder each a certificate stating that the proposition was adopted.
(2) If the proposition failed, the proposition may not again be submitted to the electors within a period of 2 years after the date of the last submission.
History: En. Sec. 5, Ch. 152, L. 1917; re-en. Sec. 5404, R.C.M. 1921; amd. Sec. 1, Ch. 31, L. 1923; re-en. Sec. 5404, R.C.M. 1935; R.C.M. 1947, 11-3205; amd. Sec. 69, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4310. Election for municipal officers after reorganization

7-3-4310. Election for municipal officers after reorganization.
(1) If the majority of the votes cast at the election are in favor of reorganization, the city or town council shall hold a meeting within 1 week after the election and order an election to be held in accordance with Title 13, chapter 1, part 4, for the purpose of electing the number of commissioners to which the municipality is entitled. This order must specify the time of holding the election, which must be in accordance with 13-1-405. For the first election of officers, a primary election may not be held. The term of office for officers initially elected under this subsection expires after subsequent officers are elected pursuant to subsection (2).
(2) Each subsequent election of officers must involve a primary election and a general election conducted in accordance with Title 13. The primary election must be held on the date specified in 13-1-107. The general election must be held on the date established in 13-1-104.
(3) In addition to the notice required under 13-1-108, a copy of the proclamation must be posted at each voting place in the municipality and in five of the most public places in the municipality.
History: (1)En. Sec. 6, Ch. 152, L. 1917; re-en. Sec. 5405, R.C.M. 1921; amd. Sec. 2, Ch. 31, L. 1923; re-en. Sec. 5405, R.C.M. 1935; Sec. 11-3206, R.C.M. 1947; (2), (3)En. Sec. 7, Ch. 152, L. 1917; re-en. Sec. 5406, R.C.M. 1921; re-en. Sec. 5406, R.C.M. 1935; amd. Sec. 1, Ch. 161, L. 1973; Sec. 11-3207, R.C.M. 1947; R.C.M. 1947, 11-3206, 11-3207; amd. Sec. 39, Ch. 575, L. 1981; amd. Sec. 12, Ch. 250, L. 1985; amd. Sec. 22, Ch. 387, L. 1995; amd. Sec. 70, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4311. Procedure for multimunicipality organization -- petition -- election -- elector qualifications

7-3-4311. Procedure for multimunicipality organization -- petition -- election -- elector qualifications.
(1) Whenever the inhabitants of any community or group of communities in any county, whether separately incorporated in whole or in part or unincorporated, desire to be organized into or annexed to an incorporated city or town under the provisions of this part and part 44, the board of county commissioners of the county may or, if presented a petition signed by at least 25% of the qualified electors in the community or group of communities, shall issue a proclamation ordering an election to be held in accordance with Title 13, chapter 1, part 4.
(2) At this election, the question of the organization of the community or group of communities as a municipality under the provisions of this part and part 44 must be submitted to the qualified electors within the proposed municipal district. The proclamation must specify the time when and the places where the election will be held and must define the boundaries of the proposed municipal district, which must include all communities, cities, and any additional adjacent territory that, in the judgment of the board of county commissioners, provides for future urban growth.
(3) If a majority of the qualified electors at the election vote in favor of the organization of the municipal district or in favor of annexation to an incorporated city or town, then the board of county commissioners shall declare the result of the election.
(4) The commissioners shall also give notice as required in 13-1-108 for the first election for commissioners of the municipal district under this section.
(5) The election for commissioners must be conducted in accordance with Title 13, chapter 1, part 4. Persons qualified pursuant to 13-1-111 and who have resided within the limits of the municipal district for 6 months are qualified electors.
(6) The commissioners elected must qualify in the manner prescribed by law for county officers.
History: En. Sec. 9, Ch. 152, L. 1917; amd. Sec. 1, Ch. 44, L. 1919; re-en. Sec. 5408, R.C.M. 1921; re-en. Sec. 5408, R.C.M. 1935; R.C.M. 1947, 11-3209; amd. Sec. 13, Ch. 250, L. 1985; amd. Sec. 23, Ch. 387, L. 1995; amd. Sec. 71, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4312. Effect of organization of communities into single municipal district

7-3-4312. Effect of organization of communities into single municipal district.
(1) Whenever any group of communities becomes a single municipal district under the provisions of this part, the commissioners elected at the first election have the same functions and authority and municipal procedure must be the same as is provided in this part when single communities, cities, or towns adopt the commission-manager form of government. The terms of all municipal officers in any prior city or town that is included in the new municipal district cease and terminate as soon as the commissioners adopt a resolution terminating the terms, and the corporate functions and existence of any prior municipal corporation may be terminated by the commissioners when the need for the further existence of the prior corporation has ended.
(2) Whenever any group of communities, including one or more incorporated cities or towns, becomes a single municipal district under this part, the municipal district has the same name as the principal incorporated city or town in the district.
(3) Whenever any group of communities, including one or more incorporated cities or towns, becomes a single municipal district under this part, the corporate property of each city or town becomes the property of the new municipality, but improvements paid for in whole or in part by special assessments upon abutting property within special improvement districts may not be considered municipal property within the meaning of this part to the extent of the special assessment payments. If a prior city or town has an unpaid indebtedness, the commissioners of the new municipality elected at the first municipal election shall inventory and appraise or cause to be inventoried and appraised all of the property, and if the amount of the indebtedness of the prior city or town exceeds the inventory value of the property surrendered to the new municipality by the prior city or town, then the excess of the indebtedness over the inventory value of the property is a charge only against the taxable property within the limits of the prior city or town and, subject to 15-10-420, must be paid by levy upon the property located within the prior city or town.
History: (1)En. Sec. 121, Ch. 152, L. 1917 added by Sec. 6, Ch. 44, L. 1919; re-en. Sec. 5517, R.C.M. 1921; re-en. Sec. 5517, R.C.M. 1935; Sec. 11-3333, R.C.M. 1947; (2)En. Sec. 122, Ch. 152, L. 1917 added by Sec. 6, Ch. 44, L. 1919; re-en. Sec. 5518, R.C.M. 1921; re-en. Sec. 5518, R.C.M. 1935; Sec. 11-3334, R.C.M. 1947; (3)En. Sec. 123, Ch. 152, L. 1917 added by Sec. 6, Ch. 44, L. 1919; re-en. Sec. 5519, R.C.M. 1921; re-en. Sec. 5519, R.C.M. 1935; Sec. 11-3335, R.C.M. 1947; R.C.M. 1947, 11-3333, 11-3334, 11-3335; amd. Sec. 15, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4313. Powers of municipalities under commission-manager plan

7-3-4313. Powers of municipalities under commission-manager plan.
(1) The inhabitants of any municipality coming under the provisions of this part and part 44, as its limits now are or may hereafter be, shall be a body politic and corporate and have a corporate name and as such shall have perpetual succession and may use a corporate seal. Through its duly elected officers, it may sue and be sued; may acquire property in fee simple or lesser interest or estate by purchase, gift, devise, appropriation, lease, or lease with the privilege to purchase for any municipal purpose; may sell, lease, hold, manage, and control such property and make any and all rules, by ordinance or resolution, which may be required to carry out fully all provisions of any conveyance, deed, or will, in relation to any gift or bequest, or the provisions of any lease by which it may acquire property; may acquire, construct, own, lease, and operate and regulate public utilities; may assess, levy, and collect taxes for general and special purposes on all the subjects or objects which the municipality may lawfully tax; may borrow money on the faith and credit of the municipality by the issue or sale of bonds or notes of the municipality; may appropriate money of the municipality for all lawful purposes; may create, provide for, construct, regulate and maintain all things of nature of public works and improvements; may levy and collect assessments for improvement districts and other local improvements; may license and regulate persons, corporations, and associations engaged in any business, occupation, profession, or trade; may define, prohibit, abate, suppress, and prevent all things detrimental to the health, morals, comfort, safety, convenience, and welfare of the inhabitants of the municipality and all nuisances and the causes thereof; may regulate the construction, height, and the material used in all buildings and the maintenance and occupancy thereof; may regulate and control the use, for whatever purpose, of the streets and other public places; may create, establish, abolish, and organize offices and fix the salaries and compensation of all officers and employees; may make and enforce local sanitary and police and other regulations; and may pass such ordinances as may be expedient for maintaining and promoting peace, good government, and welfare of the municipality and for the performance of the functions thereof.
(2) The municipality shall have all powers that now are or hereafter may be granted to municipalities by the constitution or laws of Montana. All such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed by this part and part 44 or, when not prescribed therein, in such manner as shall be prescribed by the ordinances or resolutions of the commission.
History: En. Sec. 10, Ch. 152, L. 1917; re-en. Sec. 5409, R.C.M. 1921; re-en. Sec. 5409, R.C.M. 1935; R.C.M. 1947, 11-3210.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4314. Composition and general authority of commission

7-3-4314. Composition and general authority of commission.
(1) The commission shall consist of three commissioners for all municipalities having a population of less than 15,000 and five commissioners for all cities having a population of 15,000 or more.
(2) The commission shall constitute the governing body, with powers as hereinafter provided to pass ordinances, adopt regulations, and appoint a chief administrative officer, to be known as the city manager, and to exercise all powers as hereinafter provided.
History: En. Sec. 12, Ch. 152, L. 1917; re-en. Sec. 5410, R.C.M. 1921; re-en. Sec. 5410, R.C.M. 1935; amd. Sec. 1, Ch. 60, L. 1943; R.C.M. 1947, 11-3211(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4315. Qualifications of commissioners

7-3-4315. Qualifications of commissioners.
Members of the commission shall be residents of the city or town and have the qualifications of electors.
History: En. Sec. 15, Ch. 152, L. 1917; re-en. Sec. 5413, R.C.M. 1921; amd. Sec. 4, Ch. 31, L. 1923; re-en. Sec. 5413, R.C.M. 1935; amd. Sec. 1, Ch. 327, L. 1974; R.C.M. 1947, 11-3214(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4316. Term of office for commissioners

7-3-4316. Term of office for commissioners.
(1) The commissioners elected at the first election shall qualify and their terms of office must begin on the first Monday after their election. The terms of office of the mayor and city council members in a municipal commission-manager city or town who are in office at the beginning of the terms of office of the commissioners first elected under the provisions of part 44 and this part terminate, and the terms of office of all of their appointed officers and of all of the employees of the city or town terminate, as stated by resolution of the commission.
(2) All commissioners shall serve for a term of 4 years and until their successors are elected and have qualified, except that at the first election the two candidates having the highest number of votes shall hold office for a period of 4 years less the time elapsed since December 31 of the preceding odd-numbered year. The terms of office of all other candidates expire on December 31 in any odd-numbered year following the election provided for in this part at which the first commissioners are elected.
History: En. Sec. 13, Ch. 152, L. 1917; re-en. Sec. 5411, R.C.M. 1921; amd. Sec. 3, Ch. 31, L. 1923; re-en. Sec. 5411, R.C.M. 1935; R.C.M. 1947, 11-3212; amd. Sec. 376, Ch. 61, L. 2007; amd. Sec. 72, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4317. Vacancies

7-3-4317. Vacancies.
Vacancies in the commission shall be filled by the commission for the period until the next general election and until a successor is elected and qualified, but any vacancy resulting from a recall shall be filled in the manner provided in such case.
History: En. Sec. 14, Ch. 152, L. 1917; re-en. Sec. 5412, R.C.M. 1921; re-en. Sec. 5412, R.C.M. 1935; R.C.M. 1947, 11-3213; amd. Sec. 2, Ch. 175, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4318. Repealed

7-3-4318. Repealed.
Sec. 2, Ch. 486, L. 1993.
History: (1)En. Sec. 45, Ch. 152, L. 1917; re-en. Sec. 5443, R.C.M. 1921; amd. Sec. 8, Ch. 31, L. 1923; re-en. Sec. 5443, R.C.M. 1935; amd. Sec. 9, Ch. 67, L. 1967; Sec. 11-3244, R.C.M. 1947; (2)En. Sec. 113, Ch. 152, L. 1917; re-en. Sec. 5510, R.C.M. 1921; re-en. Sec. 5510, R.C.M. 1935; amd. Sec. 2, Ch. 7, L. 1973; Sec. 11-3326, R.C.M. 1947; R.C.M. 1947, 11-3244, 11-3326.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4319. Designation of mayor

7-3-4319. Designation of mayor.
(1) The mayor is the member of the commission who, at the general municipal election at which the commissioners were elected, received the highest number of votes. In case two candidates receive the same number of votes, one of them must be chosen mayor by the remaining members of the commission.
(2) If a vacancy in the office of the mayor is caused by the expiration of the term of office, the holdover commissioner who received the highest number of votes is the mayor. If there is a vacancy in the office of the mayor for any other cause, the remaining members of the commission shall choose the mayor's successor for the unexpired term from their own number by lot.
(3) If the commissioner who is acting as mayor is recalled, the remaining members of the commission shall select one of their number to serve as mayor for the unexpired term. If all of the commissioners are recalled, the person receiving the highest number of votes at the election held to determine their successors is the mayor.
History: (1), (2)En. Sec. 46, Ch. 152, L. 1917; re-en. Sec. 5444, R.C.M. 1921; amd. Sec. 9, Ch. 31, L. 1923; re-en. Sec. 5444, R.C.M. 1935; Sec. 11-3245, R.C.M. 1947; (3)En. Sec. 47, Ch. 152, L. 1917; re-en. Sec. 5445, R.C.M. 1921; re-en. Sec. 5445, R.C.M. 1935; Sec. 11-3246, R.C.M. 1947; R.C.M. 1947, 11-3245(part), 11-3246; amd. Sec. 377, Ch. 61, L. 2007; amd. Sec. 73, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4320. Role of mayor

7-3-4320. Role of mayor.
The mayor is the presiding officer, except that in the mayor's absence, a president pro tempore may be chosen. The mayor shall exercise the powers conferred and perform all duties imposed upon the mayor by part 44 and this part, the ordinances of the municipality, and the laws of the state, except that the mayor may not veto any measure. The mayor must be recognized as the official head of the municipality by the courts for the purpose of serving civil processes, by the governor for the purposes of the military law, and for all ceremonial purposes.
History: En. Sec. 46, Ch. 152, L. 1917; re-en. Sec. 5444, R.C.M. 1921; amd. Sec. 9, Ch. 31, L. 1923; re-en. Sec. 5444, R.C.M. 1935; R.C.M. 1947, 11-3245(part); amd. Sec. 378, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4321. Salary of commissioners and mayor

7-3-4321. Salary of commissioners and mayor.
The salary of each commissioner may be as follows: the salary of each commissioner shall be as established by ordinance in all classes of cities, and the salary of the commissioner acting as mayor may be 1 1/2 times that of the other commissioners.
History: En. Sec. 49, Ch. 152, L. 1917; amd. Sec. 2, Ch. 44, L. 1919; re-en. Sec. 5447, R.C.M. 1921; re-en. Sec. 5447, R.C.M. 1935; amd. Sec. 1, Ch. 10, L. 1949; amd. Sec. 1, Ch. 71, L. 1965; amd. Sec. 1, Ch. 289, L. 1969; amd. Sec. 1, Ch. 33, L. 1971; R.C.M. 1947, 11-3248.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4322. Meetings of commission

7-3-4322. Meetings of commission.
(1) At 10 a.m. on the first Monday after January 1 following a general municipal election, the commission shall meet at the usual place for holding the meetings of the legislative body of the municipality, at which time the newly elected commissioners shall assume the duties of their office. Thereafter, the commissioners shall meet at times that may be prescribed by ordinance or resolution, except that in municipalities having less than 5,000 inhabitants, they shall meet regularly at least once and not more than four times per month, and in municipalities having more than 5,000 inhabitants, they shall meet not less than once every 2 weeks.
(2) Absence from five consecutive regular meetings vacates the seat of a member unless the absence is authorized by the commission.
(3) The commissioner acting as mayor, any two members of the commission, or the city manager may call special meetings of the commission with written notice of at least 12 hours to each member of the commission, served personally on each member or left at the member's usual place of residence.
History: En. Sec. 50, Ch. 152, L. 1917; re-en. Sec. 5448, R.C.M. 1921; amd. Sec. 10, Ch. 31, L. 1923; re-en. Sec. 5448, R.C.M. 1935; R.C.M. 1947, 11-3249(part); amd. Sec. 379, Ch. 61, L. 2007; amd. Sec. 74, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4323. Conduct of commission business

7-3-4323. Conduct of commission business.
(1) In municipalities having three commissioners, two commissioners shall constitute a quorum and the affirmative vote of two commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance or pass any measure unless a greater number is provided for in this part or part 44. In municipalities having five commissioners, three commissioners shall constitute a quorum and the affirmative vote of three commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance or pass any measure unless a greater number is provided for in this part or part 44.
(2) Upon every vote, the ayes and the nays shall be called and recorded, and every motion, resolution, or ordinance shall be reduced to writing and read before the vote is taken thereon.
(3) All meetings of the commission shall be public and any citizen shall have access to the minutes and records thereof at all reasonable times. The commission shall determine its own rules and order of business and shall keep a journal of its proceedings.
(4) The commission shall choose a clerk and such other officers and employees of its own body as are necessary. The clerk shall be known as the clerk of the commission and shall keep records and perform such other duties as may be required by this part or part 44 or the commission.
History: (1), (2)En. Sec. 48, Ch. 152, L. 1917; re-en. Sec. 5446, R.C.M. 1921; re-en. Sec. 5446, R.C.M. 1935; Sec. 11-3247, R.C.M. 1947; (3)En. Sec. 50, Ch. 152, L. 1917; re-en. Sec. 5448, R.C.M. 1921; amd. Sec. 10, Ch. 31, L. 1923; re-en. Sec. 5448, R.C.M. 1935; Sec. 11-3249, R.C.M. 1947; (4)En. Sec. 53, Ch. 152, L. 1917; re-en. Sec. 5451, R.C.M. 1921; re-en. Sec. 5451, R.C.M. 1935; Sec. 11-3252, R.C.M. 1947; R.C.M. 1947, 11-3247, 11-3249(part), 11-3252.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4324. Procedure to enact ordinance or resolution

7-3-4324. Procedure to enact ordinance or resolution.
(1) Each proposed ordinance or resolution must be introduced in written or printed form and may not contain more than one subject, which must be clearly stated in the title; however, general appropriation ordinances may contain the various subjects and accounts for which money is to be appropriated. Each ordinance or resolution passed by the commission must be signed by the mayor or two members of the commission and filed with the clerk within 2 days and must be recorded by the clerk.
(2) The enacting clause of all ordinances passed by the commission must be "Be it ordained by the commission of the (city or town) of (name of city or town)". The enacting clause of all ordinances submitted by initiative must be "Be it ordained by the people of the (city or town) of (name of city or town)".
(3) An ordinance, unless it is declared an emergency, may not be passed on the day on which it is introduced unless ordered by an affirmative vote of four-fifths of the members of the commission in cities with five commissioners and two-thirds of the members of the commission in all other cities and towns.
(4) An ordinance or resolution or section of an ordinance or resolution may not be revised or amended unless the new ordinance or resolution contains the entire ordinance or resolution or section being revised or amended.
(5) Each ordinance or resolution, upon its final passage, must be recorded in a book kept for that purpose and must be authenticated by the signature of the presiding officer and the clerk of the commission. At a minimum, the number and title of each ordinance or resolution must be published at least once within 10 days after its final passage in the manner provided for in this part.
History: (1) thru (4)En. Sec. 51, Ch. 152, L. 1917; re-en. Sec. 5449, R.C.M. 1921; amd. Sec. 11, Ch. 31, L. 1923; re-en. Sec. 5449, R.C.M. 1935; Sec. 11-3250, R.C.M. 1947; (5)En. Sec. 55, Ch. 152, L. 1917; re-en. Sec. 5453, R.C.M. 1921; re-en. Sec. 5453, R.C.M. 1935; Sec. 11-3254, R.C.M. 1947; R.C.M. 1947, 11-3250, 11-3254; amd. Sec. 1, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4325. Effective date of ordinance or resolution

7-3-4325. Effective date of ordinance or resolution.
(1) All ordinances are effective 30 days after the date of their passage by the commission except as otherwise provided in this part or part 44.
(2) All resolutions are immediately effective unless a delayed effective date is specified in the resolution.
(3) The commission may, by an affirmative vote of two-thirds of all the members, pass emergency measures to take effect at the time indicated in the measure.
History: En. Sec. 52, Ch. 152, L. 1917; re-en. Sec. 5450, R.C.M. 1921; re-en. Sec. 5450, R.C.M. 1935; R.C.M. 1947, 11-3251(part); amd. Sec. 1, Ch. 309, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4326. Emergency measures

7-3-4326. Emergency measures.
(1) An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health, or safety or providing for the usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances or resolutions appropriating money or ordering any street improvement or sewer, unless it is endangering the health or safety of the inhabitants, or granting any franchise or extension of franchise or other special privilege or regulating the rate to be charged for its services by any public utility or right to occupy or use the streets, highways, bridges, or other public places shall never be passed as emergency measures.
(2) Ordinances passed as emergency measures shall be subject to a referendum in like manner as other ordinances, except that they shall go into effect at the time indicated in such ordinances. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder; but such measure so repealed shall be deemed sufficient authority for payment, in accordance with the ordinance, of any expense incurred previous to the referendum vote thereon.
History: (1)En. Sec. 52, Ch. 152, L. 1917; re-en. Sec. 5450, R.C.M. 1921; re-en. Sec. 5450, R.C.M. 1935; Sec. 11-3251, R.C.M. 1947; (2)En. Sec. 43, Ch. 152, L. 1917; re-en. Sec. 5441, R.C.M. 1921; re-en. Sec. 5441, R.C.M. 1935; Sec. 11-3242, R.C.M. 1947; R.C.M. 1947, 11-3242, 11-3251(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4327. Petition for initiative

7-3-4327. Petition for initiative.
(1) Any proposed ordinance may be submitted to the commission by petition signed by at least 15% of the total number of electors registered at the last general municipal election. All petition papers circulated with respect to any proposed ordinance must be uniform in character and must contain the proposed ordinance in full and have printed or written on the petition the names and addresses of at least five electors who must be officially regarded as filing the petition and who constitute a committee of the petitioners for the purposes of this section.
(2) Each signer of a petition shall sign the person's name in ink or indelible pencil and shall place on the petition papers, after the name, the person's place of residence by street and number. The signatures of any petition papers need not all be appended to one paper, but to each paper there must be attached an affidavit by the circulator of the petition, stating the number of signers to that part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be and was made in the presence of the affiant.
(3) Proposed ordinances for repealing any existing ordinance or ordinances, in whole or in part, may be submitted to the commission as provided for initiating ordinances.
(4) Initiated ordinances adopted by the electors must be published and may be amended or repealed by the commission as in the case of other ordinances.
History: (1)En. Sec. 31, Ch. 152, L. 1917; re-en. Sec. 5429, R.C.M. 1921; re-en. Sec. 5429, R.C.M. 1935; Sec. 11-3230, R.C.M. 1947; (2)En. Sec. 32, Ch. 152, L. 1917; re-en. Sec. 5430, R.C.M. 1921; re-en. Sec. 5430, R.C.M. 1935; Sec. 11-3231, R.C.M. 1947; (3), (4)En. Sec. 37, Ch. 152, L. 1917; re-en. Sec. 5435, R.C.M. 1921; re-en. Sec. 5435, R.C.M. 1935; Sec. 11-3236, R.C.M. 1947; R.C.M. 1947, 11-3230, 11-3231, 11-3236; amd. Sec. 4, Ch. 319, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4328. Repealed

7-3-4328. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 33, Ch. 152, L. 1917; re-en. Sec. 5431, R.C.M. 1921; re-en. Sec. 5431, R.C.M. 1935; R.C.M. 1947, 11-3232(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4329. Repealed

7-3-4329. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 33, Ch. 152, L. 1917; re-en. Sec. 5431, R.C.M. 1921; re-en. Sec. 5431, R.C.M. 1935; R.C.M. 1947, 11-3232(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4330. Repealed

7-3-4330. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: (1)En. Sec. 34, Ch. 152, L. 1917; re-en. Sec. 5432, R.C.M. 1921; re-en. Sec. 5432, R.C.M. 1935; Sec. 11-3233, R.C.M. 1947; (2)En. Sec. 35, Ch. 152, L. 1917; re-en. Sec. 5433, R.C.M. 1921; re-en. Sec. 5433, R.C.M. 1935; Sec. 11-3234, R.C.M. 1947; (3)En. Sec. 36, Ch. 152, L. 1917; re-en. Sec. 5434, R.C.M. 1921; re-en. Sec. 5434, R.C.M. 1935; Sec. 11-3235, R.C.M. 1947; R.C.M. 1947, 11-3233, 11-3234, 11-3235(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4331. Repealed

7-3-4331. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 36, Ch. 152, L. 1917; re-en. Sec. 5434, R.C.M. 1921; re-en. Sec. 5434, R.C.M. 1935; R.C.M. 1947, 11-3235(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4332. Repealed

7-3-4332. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: (1)En. Sec. 38, Ch. 152, L. 1917; re-en. Sec. 5436, R.C.M. 1921; re-en. Sec. 5436, R.C.M. 1935; Sec. 11-3237, R.C.M. 1947; (2)En. Sec. 39, Ch. 152, L. 1917; re-en. Sec. 5437, R.C.M. 1921; re-en. Sec. 5437, R.C.M. 1935; Sec. 11-3238, R.C.M. 1947; (3)En. Sec. 40, Ch. 152, L. 1917; re-en. Sec. 5438, R.C.M. 1921; re-en. Sec. 5438, R.C.M. 1935; Sec. 11-3239, R.C.M. 1947; (4)En. Sec. 41, Ch. 152, L. 1917; re-en. Sec. 5439, R.C.M. 1921; re-en. Sec. 5439, R.C.M. 1935; Sec. 11-3240, R.C.M. 1947; (5)En. Sec. 42, Ch. 152, L. 1917; re-en. Sec. 5440, R.C.M. 1921; re-en. Sec. 5440, R.C.M. 1935; Sec. 11-3241, R.C.M. 1947; R.C.M. 1947, 11-3237(part), 11-3238, 11-3239, 11-3240, 11-3241.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4333. Repealed

7-3-4333. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 44, Ch. 152, L. 1917; re-en. Sec. 5442, R.C.M. 1921; amd. Sec. 7, Ch. 31, L. 1923; re-en. Sec. 5442, R.C.M. 1935; R.C.M. 1947, 11-3243.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4334. Repealed

7-3-4334. Repealed.
Sec. 9, Ch. 359, L. 1991.
History: En. Sec. 117, Ch. 152, L. 1917; re-en. Sec. 5514, R.C.M. 1921; re-en. Sec. 5514, R.C.M. 1935; R.C.M. 1947, 11-3330; amd. Sec. 301, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4341. Repealed

7-3-4341. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 17, Ch. 152, L. 1917; re-en. Sec. 5415, R.C.M. 1921; amd. Sec. 5, Ch. 31, L. 1923; re-en. Sec. 5415, R.C.M. 1935; R.C.M. 1947, 11-3216(5); amd. Sec. 302, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4342. Repealed

7-3-4342. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 19, Ch. 152, L. 1917; re-en. Sec. 5417, R.C.M. 1921; re-en. Sec. 5417, R.C.M. 1935; R.C.M. 1947, 11-3218.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4343. Repealed

7-3-4343. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 17, Ch. 152, L. 1917; re-en. Sec. 5415, R.C.M. 1921; amd. Sec. 5, Ch. 31, L. 1923; re-en. Sec. 5415, R.C.M. 1935; R.C.M. 1947 11-3216(1), (2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4344. Repealed

7-3-4344. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 18, Ch. 152, L. 1917; re-en. Sec. 5416, R.C.M. 1921; re-en. Sec. 5416, R.C.M. 1935; R.C.M. 1947, 11-3217.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4345. Repealed

7-3-4345. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 16, Ch. 152, L. 1917; re-en. Sec. 5414, R.C.M. 1921; re-en. Sec. 5414, R.C.M. 1935; amd. Sec. 1, Ch. 36, L. 1961; amd. Sec. 1, Ch. 2, L. 1973; amd. Sec. 9, Ch. 535, L. 1975; R.C.M. 1947, 11-3215(1).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4346. Repealed

7-3-4346. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 16, Ch. 152, L. 1917; re-en. Sec. 5414, R.C.M. 1921; re-en. Sec. 5414, R.C.M. 1935; amd. Sec. 1, Ch. 36, L. 1961; amd. Sec. 1, Ch. 2, L. 1973; amd. Sec. 9, Ch. 535, L. 1975; R.C.M. 1947, 11-3215(2), (3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4347. Repealed

7-3-4347. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: (1), (2)En. Sec. 16, Ch. 152, L. 1917; re-en. Sec. 5414, R.C.M. 1921; re-en. Sec. 5414, R.C.M. 1935; amd. Sec. 1, Ch. 36, L. 1961; amd. Sec. 1, Ch. 2, L. 1973; amd. Sec. 9, Ch. 535, L. 1975; Sec. 11-3215, R.C.M. 1947; (3)En. Sec. 17, Ch. 152, L. 1917; re-en. Sec. 5415, R.C.M. 1921; amd. Sec. 5, Ch. 31, L. 1923; re-en. Sec. 5415, R.C.M. 1935; Sec. 11-3216, R.C.M. 1947; R.C.M. 1947, 11-3215(4), 11-3216(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4348. Repealed

7-3-4348. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 17, Ch. 152, L. 1917; re-en. Sec. 5415, R.C.M. 1921; amd. Sec. 5, Ch. 31, L. 1923; re-en. Sec. 5415, R.C.M. 1935; R.C.M. 1947, 11-3216(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4349. Repealed

7-3-4349. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: (1)En. Sec. 16, Ch. 152, L. 1917; re-en. Sec. 5414, R.C.M. 1921; re-en. Sec. 5414, R.C.M. 1935; amd. Sec. 1, Ch. 36, L. 1961; amd. Sec. 1, Ch. 2, L. 1973; amd. Sec. 9, Ch. 535, L. 1975; Sec. 11-3215, R.C.M. 1947; (2)En. Sec. 17, Ch. 152, L. 1917; re-en. Sec. 5415, R.C.M. 1921; amd. Sec. 5, Ch. 31, L. 1923; re-en. Sec. 5415, R.C.M. 1935; Sec. 11-3216, R.C.M. 1947; R.C.M. 1947, 11-3215(5), 11-3216(4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4350. Repealed

7-3-4350. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 1, Ch. 75, L. 1955; R.C.M. 1947, 11-3218.1.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4351. Repealed

7-3-4351. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 20, Ch. 152, L. 1917; re-en. Sec. 5418, R.C.M. 1921; amd. Sec. 6, Ch. 31, L. 1923; re-en. Sec. 5418, R.C.M. 1935; R.C.M. 1947, 11-3219.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4352. Repealed

7-3-4352. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: (1)En. Sec. 29, Ch. 152, L. 1917; re-en. Sec. 5427, R.C.M. 1921; re-en. Sec. 5427, R.C.M. 1935; Sec. 11-3228, R.C.M. 1947; (2)En. Sec. 30, Ch. 152, L. 1917; re-en. Sec. 5428, R.C.M. 1921; re-en. Sec. 5428, R.C.M. 1935; amd. Sec. 2, Ch. 166, L. 1971; amd. Sec. 4, Ch. 100, L. 1973; Sec. 11-3229, R.C.M. 1947; R.C.M. 1947, 11-3228, 11-3229.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4361. Appointment of city manager

7-3-4361. Appointment of city manager.
The commission shall appoint a city manager. The manager must be appointed without regard to political beliefs and may or may not be a resident of the municipality when appointed. The manager holds office at the will of the commission.
History: En. Sec. 57, Ch. 152, L. 1917; re-en. Sec. 5455, R.C.M. 1921; re-en. Sec. 5455, R.C.M. 1935; R.C.M. 1947, 11-3256(part); amd. Sec. 380, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4362. Role of city manager

7-3-4362. Role of city manager.
The city manager shall be the administrative head of the municipal government and shall be responsible for the efficient administration of all departments.
History: En. Sec. 57, Ch. 152, L. 1917; re-en. Sec. 5455, R.C.M. 1921; re-en. Sec. 5455, R.C.M. 1935; R.C.M. 1947, 11-3256(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4363. Powers and duties of city manager

7-3-4363. Powers and duties of city manager.
(1) The powers and duties of the city manager are:
(a) to see that the laws and ordinances are enforced;
(b) to appoint and, except as provided in this part, remove all directors of departments and all subordinate officers and employees in the departments in both the classified and unclassified service;
(c) to exercise control over all the departments and divisions created in this part or that may be created by the commission;
(d) to attend all meetings of the commission, with the right to take part in the discussions but without the right to vote;
(e) to recommend to the commission for adoption measures considered necessary or expedient;
(f) to keep the commission fully advised as to the financial condition and needs of the city; and
(g) to perform other duties prescribed by part 44 or this part or required by ordinance or resolution of the commission.
(2) All appointments referred to in subsection (1)(b) must be made on merit and fitness, and in the classified service all appointments are subject to the civil service provisions of part 44 and this part.
History: En. Sec. 58, Ch. 152, L. 1917; re-en. Sec. 5456, R.C.M. 1921; re-en. Sec. 5456, R.C.M. 1935; R.C.M. 1947, 11-3257; amd. Sec. 381, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4364. Salary of city manager

7-3-4364. Salary of city manager.
The city manager shall receive such salary as may be fixed by ordinance of the commission, but such salary shall not be decreased during the term of office that the city manager is appointed for.
History: En. Sec. 59, Ch. 152, L. 1917; re-en. Sec. 5457, R.C.M. 1921; re-en. Sec. 5457, R.C.M. 1935; R.C.M. 1947, 11-3258.