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 the 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 officer, 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 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 other, 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. That whenever the head of any department for which appropriations are herein made makes application to the state board of examiners setting forth that any part or portion of any item of appropriation herein made is not necessary or will not be necessary for the use for such purpose during the biennium and that such unused portion of such item is necessary to be used in addition to the amount appropriated for some other item for which an appropriation is made for such office, the state board of examiners is empowered to order and direct the state auditor to transfer such unnecessary portion appropriated for any item or purpose herein to any other item for which an appropriation is herein made; Provided, however, That no transfer shall be ordered or made from any item to the item of personal services (salaries and wages). SEC. 8. All acts and parts of acts in so far as they conflict with this act are hereby expressly repealed. SEC. 9. WHEREAS, An emergency exists therefor, which emergency is hereby declared to exist, this act shall take effect and be in full force and effect from and after its passage and approval. Approved March 15, 1923. CHAPTER 176 (S. B. No. 262) AN ACT TO AMEND SECTION 4953 OF IDAHO COMPILED STATUTES RELATING TO THE QUALIFICATIONS OF LIFE INSURANCE COMPANIES. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. Section 4953 of the Compiled Statutes is hereby amended to read as follows: Section 4953. LIFE INSURANCE COMPANIES: QUALIFICATIONS. Any foreign stock insurance company making insurance in this state under class 3 of Article 2 of this chapter shall have a capital stock fully paid of at least $100,000, and a surplus of not less than $50,000 but such company shall not make insurance in this state in any other of said classes of insurance except in classes 4 and 6; not make insurance in class 4 without having additional capital of not less than $50,000: nor make insurance in class 6 without having additional capital of not less than $250,000. * * * Approved March 15, 1923. CHAPTER 177 (S. B. No. 276) AN ACT CREATING SMALL CLAIMS DEPARTMENTS OF JUSTICE'S COURTS, DEFINING THEIR JURISDICTION AND POWERS AND PROVIDING A SYSTEM OF PRACTICE AND PROCEDURE THEREFOR. Be It Enacted by the Legislature of the State of Idaho: SEC. 1. That in every justice's court of this state there shall be created and organized by the justice of the peace thereof a department to be known as the "Small Claims Department of the Justice's Court" which shall have jurisdiction, but not exclusive, in cases for the recovery of money only where the amount claimed does not exceed fifty dollars ($50.00), and where the defendant resides within the precinct of such justice court. SEC. 2. Actions in such small claims department shall be deemed commenced by the plaintiff appearing before the justice of the peace and subscribing to and verifying a claim as hereinafter provided. SEC. 3. Upon filing said claim such justice of the peace shall appoint a time for the hearing of said matter and shall cause to be issued a notice of the claim, as hereinafter provided, which shall be served upon the defendant. Said justice of the peace shall collect in advance upon each claim the sum of one dollar, and this shall be the only fee for such justice of the peace to be charged or taxed against the plaintiff in such action during the pendency or disposition of such claim, Provided, however, That when any such small claims department shall be created and organized in any justice's district as herein provided, in which the justice is not paid a salary, he may be paid as compensation for conducting such department from the county treasury of his county such monthly salary as the commissioners of said county shall deem just and proper. SEC. 4. The officer serving such notice shall be entitled to receive from the plaintiff fifty cents for such service, which sum, together with the fee of the justice of the peace named in Section 3, shall be added to any judgment given the plaintiff. SEC. 5. The claim hereinbefore referred to shall contain the name of the plaintiff and the name of the defendant, followed by a statement, in brief and concise form, of the nature and amount of said claim and the time of the accruing of such claim, and shall also state the name and residence of the defendant, if same be known to the plaintiff, for the purpose of serving the notice of claim on such defendant. SEC. 6. Said notice of claim shall be directed to the defendant, naming him, and shall contain a statement in brief and concise form notifying such defendant of the name, address, amount and nature of the alleged claim of plaintiff, and directing and requiring defendant to appear personally in court before the justice of the peace of said justice's court at a time certain, which shall not be less than five nor more than ten days from the date of service of such notice, said notice shall further provide that in case of failure to so appear, judgment will be given against defendant for the amount of claim. SEC. 7. All claims must be verified by the real claimant, and no claim shall be filed or prosecuted in such department by the assignee of such claim. SEC. 8. No attorney at law or any other person than the plaintiff and defendant shall concern himself or in any manner interfere with the prosecution or defense of such litigation in said department, nor shall it be necessary to summon witnesses, but the plaintiff and defendant in any claim shall have the privilege of offering evidence in their behalf, themselves and witnesses appearing at such hearing, and being duly sworn as in other cases, and the justice shall render and enter judgment as in other cases. SEC. 9. No formal pleading other than the said claim and notice shall be necessary to define the issue between the parties, and the hearing and disposition of all such actions shall be informal with the sole object of dispensing speedy and quick justice between the litigants, Provided, however, That no attachment, garnishment or execution shall issue from the small claims department on any claim except as hereinafter provided. SEC. 10. If the judgment or order shall be against the defendant, it shall be his duty to pay the same forthwith or execution may ensue as in other cases. SEC. 11. The judgment of such court shall be conclusive upon the plaintiff. If the defendant be dissatisfied he may, within ten days from the entry of said judgment against him, appeal to the district court of the county in which said court is located; and if the final judgment is rendered against him in such district court, then he shall pay, in addition to such judgment, the attorney's fee to the plaintiff in the sum of ten dollars ($10.00), Provided, however, That appeals from such small claims department shall only be allowed in such cases as appeals would be allowed if the action were instituted in the justice's courts as is now provided. SEC. 12. The defendant's appeal may be in the following terms: justice's court for resident of. County, Idaho, and appeals from the decision of the small claims department of the Precinct County, Idaho, wherein a judgment for. dollars was awarded against him on the. day (Signed) Such appeal shall be filed with the justice and accompanied by a bond, with satisfactory surety, to secure the payment of such judgment, costs and attorney fees as provided for in Section 11 of this act. Such appeal shall be tried in the district court without any other pleadings than those required in the justice's court originally trying the cause, all papers in the case shall be certified to said district court as is now provided by law in other cases of appeals in civil actions in justice's courts, Provided, however, That said district court may require such other or further statements and information as it may deem necessary for the proper consideration of said controversy. SEC. 13. If no appeal is taken by the defendant and the defendant fails to pay the judgment according to the terms and conditions thereof, the justice before whom such hearing was had, may, on application of the plaintiff, certify such judgment in substantially the following form: IN THE SMALL CLAIMS' DEPARTMENT This is to certify that in a certain action before me, the undersigned, had on this the. ....day of.. was plaintiff and was defendant, jurisdiction of said defendant having had by personal service (or otherwise), as provided by law, I then and there entered judgment against |