* * * * * * * * * Section 3982. All municipal corporations, whether organized under general or special laws, within the state are hereby empowered, in addition to other powers heretofore granted, to provide by ordinance that the owner, tenant or occupant of the premises abutting or adjoining any sidewalk, or alley in any such municipal corporation, shall be required to remove all snow, rubbish and ice from any such sidewalk, and all rubbish from such alley, and may also provide by ordinance that the owner, tenant or occupant of private property within such municipality shall * * * cut or remove the weeds, grass and rubbish and eradicate any diseases or pests, eggs, larvae of any pests injurious to trees, plants, shrubs or vines upon and from such private property to center of any street or alley along or in front of such property, including the parking within the curbing abutting such property, within such time as shall be provided by ordinance, and in the event of the failure of any such owner, tenant or occupant to remove the snow, rubbish and ice from any such sidewalk, and all rubbish from such alley, or cut or remove the weeds, rubbish and grass and eradicate any diseases or pests, eggs, larvae of any pests injurious to trees, plants, shrubs or vines as heretofore provided, within the time provided in such ordinance, then, that any such municipal corporation may remove such snow, rubbish and ice or cut or remove such weeds, rubbish and grass and assess the cost thereof against the premises abutting the sidewalks, or alleys so cleared or treated for eradication and against the private property as cleaned or cleared, or treated for eradication, such assessment to be certified by the city clerk or clerk of the board of trustees of any such municipal corporation to the county assessor or other proper county official having charge of the making up of the assessment roll, and such assessment to be placed on the assessment roll and collected in the same manner as other municipal taxes are collected. Approved March 13, 1923. * * ** * * * * * * CHAPTER 141 (S. B. No. 279) AN ACT APPROPRIATING THE SUM OF NINETY-EIGHT THOUSAND DOLLARS OUT OF THE GENERAL FUND OF THE STATE OF IDAHO FOR THE RECLAMATION OF STATE LANDS WITHIN THE GEM IRRIGATION DISTRICT IN OWYHEE COUNTY, AND AUTHORIZING THE STATE BOARD OF LAND COMMISSIONERS TO EXPEND THE SAME FOR THE RECLAMATION OF SAID STATE LAND, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. There is hereby appropriated out of the general fund of the state of Idaho not otherwise appropriated the sum of ninety-eight thousand dollars, or so much thereof as may be necessary, which sum of money shall be expended by the state board of land commissioners for the purpose of aiding in the reclamation of state lands lying within the Gem irrigation district in Owyhee county. Provided, That the state board of land commissioners shall pay out said sum of money only upon condition that by the payment thereof the state shall be fully relieved of all obligations and demands by reason of past or future assessments heretofore levied, or hereafter to be levied upon the lands within said district belonging to the state of Idaho, or in which the state is interested by outstanding sale contracts. SEC. 2. The moneys hereby appropriated shall be kept in a separate fund to be known as the Gem Irrigation District State Land Reclamation Fund, and the state auditor is hereby authorized to draw his warrant on said fund payable to the treasurer of the said Gem irrigation district for such sum as shall be approved by the state board of land commissioners and allowed by the state board of examiners. SEC. 3. An emergency existing therefor, it is hereby declared this act shall take effect and be in force from and after its passage and approval. Approved March 13, 1923. CHAPTER 142 (S. B. No. 228) AN ACT TO AMEND SECTION 258 OF CHAPTER 17 OF THE COMPILED STATUTES OF IDAHO RELATING TO SALARIES OF COMMISSIONERS, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 258 of Chapter 17 of the Compiled Statutes of Idaho be and the same is hereby amended. to read as follows: Section 258. SALARIES. The commissioner of agriculture, the commissioner of law enforcement, the commissioner of public welfare and the commissioner of public investments, shall each receive an annual salary of $3000, and the commissioner of finance, the commissioner of reclamation and the commissioner of public works, shall each receive an annual salary of $3600, all of said salaries being payable in equal monthly installments. Other officers shall receive such salaries as shall be fixed by the commissioner of the department, with the approval of the governor, not exceeding the amount appropriated by the legislature therefor. SEC. 2. An emergency existing therefor, this act shall be in full force and effect from and after its passage and approval. Approved March 13, 1923. CHAPTER 143 (S. B. No. 175) AN ACT AMENDING SECTION 5080 OF THE COMPILED STATUTES OF IDAHO RELATING TO THE ORGANIZATION OF COUNTY MUTUAL FIRE INSURANCE COMPANIES AND PROVIDING WHEN SUCH COMPANIES MAY DO BUSINESS IN NOT MORE THAN EIGHT CONTIGUOUS COUNTIES IN THE STATE. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 5080 of the Compiled Statutes of Idaho be amended to read as follows: Section 5080. ORGANIZATION; FARMER'S LODGES PERMITTED TO OPERATE. Twenty-five or more persons, citizens of Idaho and owning insurable property in any county in this state, may form a county mutual fire insurance company in such county for the purpose of insuring each other and for the purpose of insuring church property and public halls that may be situated within the territory in which they do business against loss by fire, lightning, tornado, windstorm or hailstorm on property situated in the county in which the headquarters of the association are located and in not more than four other counties adjacent thereto: Provided, That when there is more than ten million dollars of insurance in force in any such insurance company, such company may operate under this chapter in not more than eight contiguous counties in this state; Provided, That the grange or similar association or organizations now operating upon the lodge or mutual cooperative plan may operate under this chapter in all or any counties of this state. Approved March 13, 1923. CHAPTER 144 (S. B. No. 120) AN ACT AMENDING SECTIONS 5392, 5396 AND 5417 OF CHAPTER 208 OF THE COMPILED STATUTES OF IDAHO, RELATING TO ACKNOWLEDGMENTS, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 5392 of Chapter 208 of the Compiled Statutes of Idaho is hereby amended to read as follows: Section 5392. REQUISITES FOR ACKNOWLEDGMENT. The acknowledgment of an instrument must not be taken, unless the officer taking it knows, or has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in, and who executed, the instrument; or, if executed by a corporation, that the person making such acknowledgment is the president or vice president, secretary or assistant secretary of such corporation. SEC. 2. That Section 5396 of Chapter 208 of the Compiled Statutes of Idaho is hereby amended to read as follows: Section 5396. SAME; ACKNOWLEDGMENTS BY CORPORATION. The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form: STATE OF IDAHO, SS. County of On this. day of.. in the year. before me (here insert the name and quality of the officer), personally appeared. known to me, (or ), to be the presi proved to me on the oath of dent, or vice president, (or secretary or assistant secretary), of the corporation that executed the instrument and acknowledged to me that such corporation executed the same. SEC. 3. That Section 5417 of Chapter 208 of the Compiled Statutes of Idaho is hereby amended to read as follows: Section 5417. ACKNOWLEDGMENT NECESSARY TO AUTHORIZE RECORD. Before an instrument may be recorded, unless it is otherwise expressly provided, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or vice president, or secretary or assistant secretary, or proved, and the acknowledgment or proof, certified in the manner prescribed by Article 3 of this chapter; Provided, That if such instrument shall have been executed and acknowledged in any other state or territory of the United States, or in any foreign country, according to the laws of the state, territory or country wherein such acknowledgment was taken, the same shall be entitled to record, and a certificate of acknowledgment indorsed upon or attached to any such instrument purporting to have been made in any such state, territory or foreign country, shall be prima facie sufficient to entitle the same to such record. SEC. 4. An emergency hereby existing, this act shall be in full force and effect from and after its passage and approval. Approved March 13, 1923. CHAPTER 145 (S. B. No. 238) AN ACT AMENDING SECTION 3733 OF CHAPTER 154, COMPILED STATUTES OF IDAHO, RELATING TO PENSIONS FOR THE SUPPORT OF MOTHERS AND ORPHAN CHILDREN; AMENDING SECTION 3734 OF CHAPTER 154, COMPILED STATUTES OF IDAHO, RELATING TO ALLOWANCES TO MOTHERS AND ALSO TO GUARDIANS AND CUSTODIANS OF ORPHAN CHILDREN; AMENDING SECTION 3735 OF CHAPTER 154, COMPILED STATUTES OF IDAHO, PRESCRIBING THE CONDITIONS OF ALLOWANCE OF PENSIONS TO MOTHERS AND FOR ORPHAN CHILDREN; AMENDING SECTION 3736 OF CHAPTER 154, COMPILED STATUTES OF IDAHO, RELATING TO THE DUTIES OF THE PROBATE COURT AND COUNTY COMMISSIONERS IN THE ALLOWANCE OF PENSIONS TO MOTHERS AND FOR ORPHAN CHILDREN; AMENDING SECTION 3737 OF CHAPTER 154, COMPILED STATUTES OF IDAHO, RELATING TO DISCONTINUANCE OF ALLOWANCE OF PENSIONS FOR MOTHERS AND ORPHAN CHILDREN; AMENDING SECTION 3738 OF CHAPTER 154 COMPILED STATUTES OF IDAHO, PROVIDING WHO ARE APPLICABLE TO RECEIVE PENSIONS |