SEC. 3. An emergency existing therefor, this act shall take effect and be in full force from and after its passage and approval. Approved March 9, 1923. CHAPTER 118 (S. B. No. 187) AN ACT TO AMEND CHAPTER 287 OF TITLE 57 OF THE IDAHO COMPILED STATUTES OF 1919 BY INSERTING THEREIN IMMEDIATELY FOLLOWING SECTION 7803, A NEW SECTION DESIGNATED AS SECTION 7803-A FOR THE PURPOSE OF PROVIDING A METHOD OF PROCEDURE TO ESTABLISH A RECORD TITLE TO COMMUNITY PROPERTY UPON THE DEATH OF HIS WIFE. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Chapter 287 of Title 57 of Compiled Statutes of Idaho of 1919, be, and the same is, hereby amended by inserting therein immediately following Section 7803 a new section designated as Section 7803-A, which shall read as follows: Section 7803-A. Upon the death of the wife intestate leaving community property, the surviving husband shall file a verified petition in the probate court, setting up the marriage, acquiring of property during coverture, a showing that it was community property, and the death of the wife intestate. Upon the filing of such petition, the probate judge must make an order directing all persons interested to appear before him, at a time and place specified, not less than ten days from the time of making such order, to show cause why such petition should not be granted. The clerk of the probate court must thereupon give notice thereof by causing notice to be posted in at least three public places in the county, setting forth the time and place appointed for the hearing, and the nature of the petition. Such notice. must be posted for at least seven days before such hearing. If upon such hearing, it shall appear that the parties were duly married, that the property was acquired during coverture, that the same was community property, and that the wife had died intestate, the probate judge shall make a decree to that effect, and thereupon a certified copy of such decree shall be recorded, and thereafter shall have the same effect as a final decree of distribution so recorded. A fee of $5.00 shall be paid to the probate court for the filing of said petition which fee shall be in full for all such proceedings including the furnishing of the certified copy of the decree. Approved March 9, 1923. CHAPTER 119 (S. B. No. 165) AN ACT AMENDING SECTION 2975 OF ARTICLE IV, CHAPTER 134, COMPILED STATUTES OF IDAHO, RELATING TO THE EXPENSE OF APPRAISEMENT AND ABSTRACT BEING PAID BY APPLICANTS FOR STATE LOANS, AND PROVIDING THAT ALL ACTUAL AND NECESSARY EXPENSES INCURRED IN CONNECTION WITH FARM LOANS SHALL BE PAID BY THE APPLICANT, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: * * * SECTION 1. That Section 2975 of Article IV, Chapter 134, Compiled Statutes of Idaho, be amended to read as follows: Section 2975. All actual and necessary expenses incurred by the state in connection with any farm loan under the provisions of this chapter, shall be paid by the applicant, and in no case shall they constitute a charge upon the state or the fund from which such proposed loan is to be made. SEC. 2. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in effect and in full force from and after its passage and approval. Approved March 9, 1923. CHAPTER 120 (H. B. No. 136) AN ACT MAKING AN APPROPRIATION FOR THE PAYMENT OF SALARIES AND TRAVELING EXPENSES OF OFFICERS, DEPUTIES, AND EMPLOYEES OF THE OFFICES AND DEPARTMENTS OF GOVERNOR, LIEUTENANT GOVERNOR, BOARD OF EQUALIZATION, HISTORICAL SOCIETY, PRESIDENTIAL ELECTORS, PREMIUM ON OFFICIAL BONDS, GRAND ARMY OF THE REPUBLIC (ADJUTANT GENERAL); MAKING AN APPROPRIATION FOR GENERAL OFFICE AND OTHER EXPENSES OF SUCH OFFICES AND DEPARTMENTS AND OTHER SPECIFIED PURPOSES AND FOR GENERAL MAINTENANCE THEREOF FOR THE PERIOD COMMENCING ON THE FIRST MONDAY OF JANUARY, 1923, AND ENDING ON THE FIRST MONDAY OF JANUARY, 1925, EXCEPT AS OTHERWISE INDICATED; PRESCRIBING THE CONDITIONS UNDER WHICH THE APPROPRIATIONS HEREIN MADE SHALL BE EXPENDED; PROHIBITING THE INCURRING OF ANY ADDITIONAL INDEBTEDNESS EXCEPT AS HEREIN PROVIDED; PROVIDING FOR THE TRANSFER OF CERTAIN APPROPRIATIONS FROM ONE TO THE OTHER; PROVIDING FOR THE FIXING OF SALARIES NOT PROVIDED BY LEGISLATIVE ENACTMENT BY THE STATE BOARD OF EXAMINERS; PROVIDING CERTAIN DUTIES FOR THE STATE AUDITOR; PROVIDING FOR A DEDUCTION OF APPROPRIATIONS MADE AS ADVANCE FOR SALARIES AND WAGES FOR OFFICES AND DEPARTMENTS FOR JANUARY AND FEBRUARY, 1923; REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THIS ACT, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That there is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sums hereinafter specifically set out for the purposes named and for no other, for the support and maintenance of the several departments of state government and for other purposes, for the period commencing on the first Monday of January, 1923, and ending on the first Monday of January, 1925, except as herein otherwise indicated. The sums herein appropriated shall be paid out by the state treasury upon warrants drawn by the state auditor against the general fund of the state. The amounts specifically appropriated for state purposes by this act constitute the whole amount appropriated and to be used by the department or office in question, for any purpose during the period for which the appropriation is made, unless otherwise provided by law. GOVERNOR'S OFFICE Personal services (salary and wages). Services other than personal (including traveling Supplies.. Fixed charges. Equipment.. Total for Governor's Office. . $21,290.00 3,905.00 740.00 165.00 150.00 $26,250.00 $ 2,400.00 Personal services (salary and wages).. Fixed charges.. Total for Grand Army of Republic. SEC. 2. That the compensation and salaries for all state officials, deputies and employees appropriated by Section 1 of this act shall be in full for services to be rendered by such officials, deputies or employees to the state during the period for which such appropriations are made. SEC. 3. That the state auditor shall, quarterly, on the first day of January, April, July and October, of each year, render to the head of each state office or department for which an appropriation is made by this act, a statement of the balance or balances in the appropriation or appropriations made for such office or department. SEC. 4. That the state auditor is hereby authorized and directed, upon the presentation of the proper vouchers or claims against the state, approved by the state board of examiners, as provided by law, to draw his warrant against the proper funds or appropriations for the payment of such vouchers or claims, and it shall be the duty of the state auditor to classify such vouchers or claims in a book for that purpose in such manner that the amounts to be charged, as shown by such vouchers or claims, to any office or department for which an appropriation is made by this act, shall be kept separate and apart from the amounts of vouchers or claims of any other office or department of the state government. All such vouchers or claims approved by the state board of examiners shall be listed in such book in numerical order, and shall be filed according to the number opposite the entry of such voucher or claim in said book. SEC. 5. That each state officer, deputy or employee and each state board authorized by law to expend any appropriation herein made by this act shall cause to be made and kept on file in his department, or office, duplicate vouchers of all claims presented to the state board of examiners, as well as an itemized account of all expenditures made by him or them or under his or their direction, and report the same in itemized form as to classes of expenditure from time to time as requested by the bureau of budget and taxation to such department. SEC. 6. That no officer, deputy, or employee or state board having the direction or control of the expenditure of any appropriation made by this act or otherwise made by law shall enter into any contract or agreement or otherwise create any expense or incur any liability, moral, legal, or otherwise, in excess of the appropriation herein made for the specific purposes mentioned unless authority to make such expenditures or to incur such liability has been previously given in writing by the state board of examiners of the state of Idaho. SEC. 7. Whenever an appropriation is made herein to an officer, board, department or institution, which has been abolished, or whose duties in whole or in part, have been or will be transferred to another department, board or office, the appropriation herein made, or the unexpended balance thereof shall be available for the department to which the transfer has been made, and the board of examiners is authorized to make such transfer and if necessary make segregation of items necessary to carry out the intent of this section. SEC. 8. Where appropriations are herein made for salaries, and during the biennium the head of the department, board or institution, determines that some portion of such amount for salaries will not be necessary, and that such unnecessary amount for salaries is required and necessary in addition to the amount herein appropriated for some other specified purpose for such department, board, officer, |