and orders theretofore entered in said county in said action as shown by the said transcript thereof. SEC. 16. As soon as practicable after the taking effect of this Act, the Clerk of the District Court of Kootenai county shall transmit to the Clerk of said Court of Benewah county the pleadings and all other papers belonging to the files in all actions or proceedings in the District Court of Kootenai county wherein was involved or affected the ownership of, or the title or right to any real estate, water rights, or mining interests lying wholly in the territory now included in Benewah county with a certified transcript of all orders, decrees, judgments and other proceedings in each of said actions or proceedings, as shown by the records of his office, and shall include therewith, his certificate, specifying and identifying said pleadings and papers. Where said real estate, water rights or mining interests lie partly in both of said counties, the Clerk of the District Court of Kootenai county shall make and transmit to the Clerk of the District Court of Benewah county with the transcript of such orders, judgments, decrees and other proceedings, duly certified copies of the pleadings and other papers, keeping the originals thereof in his own office, for the making of such transcripts, said Clerk shall receive a reasonable compensation to be authorized and paid by the County Commissioners of Benewah county. SEC. 17. Upon receipt by him of the papers and transcripts mentioned in Section 16 of this Act, the Clerk of the District Court of Benewah county shall file and index the same, and upon the payment of his fees therefor by any person interested, shall spread in full upon the proper records of his office, the orders, decrees, judgments and other proceedings so entered in Kootenai county as shown by the transcript thereof, which shall, in all cases have the same validity and effect as the originals. SEC. 18. Upon taking effect of this Act the Clerk of the District Court of Kootenai county shall prepare a list and statement of all the unsatisfied judgments for the payment of money entered or filed in his office at any time since the first day of January, 1911, affecting persons or property in said Benewah county, which shall show the names of the parties to each suit, the judgments defendants, the dates and amounts of the several judgments, with the rate of interest each bears and the amount of all costs incurred in each, and shall certify the same to the Clerk of said County of Benewah. The Clerk of said last named county, upon receipt of such lists and statements, shall make records of such judgments in the same manner as though they had been originally entered in his office. Said judgments shall be enforceable by execution issued by the Clerk of Benewah county, and all liens created thereby and existing at the time of the passage of this Act shall continue and be preserved against the same property and for the same length of time as though this Act has not been passed, and shall have the same force, effect, and validity as though originally entered in Benewah county. SEC. 19. The Probate Judge of Kootenai county shall, upon the taking effect of this Act, transfer all pending civil and criminal actions and all unsettled estates of deceased persons and matters of guardianship and other business pertaining to his office which came from the territory now embraced in the County of Benewah and properly belonging to the said last named county, and shall transmit to the Probate Judge of Benewah county all the pleadings, petitions, bonds, reports, and other papers belonging to or connected with such actions, estates, or matters with certified transcripts of all record entries therein; and the preceding Section of this Act relating to the transfer of actions in the District Court shall, as far as applicable, govern transfers in the Probate Court, except that such transfer shall be made without any application therefor being required. SEC. 20. That all the papers, files, statements, transcripts, and other records, matters, and things transferred from Kootenai county, or any of the officers thereof, to Benewah county, or any of the officers thereof, pursuant to the provisions of this Act are hereby declared to be a part of the legal and official records of said last named county to the same extent and effect as the originals thereof, and shall be accepted and received in evidence the same as such originals without further proof. SEC. 21. All the laws of a general nature applicable to the several counties of this State and to the officers thereof are hereby applied to the County of Benewah and to all of the officers who may be appointed or elected therein, except as otherwise provided in this Act. SEC. 22. All organized and existing school districts and road districts, villages and other municipalities, the whole of which are included in the territory of Benewah county, created as herein provided, shall continue to be organized school and road districts, villages and municipalities as the case may be, and become and be a part of said Benewah county, and the officers thereof shall continue to be such, and hold their offices until their successors are elected, appointed, or qualified, as the case may be. In case the boundary line between the counties of Kootenai and Benewah shall divide any established precinct, school or road district, all such fractions of former precincts, school or road districts, shall be deemed unorganized territory, and it shall be the duty of the County Commissioners of the county in which such fractions are situated, to attach such fractional parts of former precincts, school or road districts, to adjoining precincts, school or road districts, in their county, as they may determine to be best, and in the case of a school district to attach the same to another district in the county or create a new district as a majority of the legal voters thereof may petition, and all money or property which shall belong to any school or road district which shall be divided, shall be apportioned to the different parts thereof by the appraisers appointed as provided by this Act, and according to the assessed valuation of such school or road district and the separated fractions thereof in each of said counties. SEC. 23. Prohibition laws or laws relative to the sale of intoxicating liquors as a beverage now in force in Kootenai county prior to the division thereof hereby provided for, and prior to the creation of Benewah county, shall continue in force within the territory of Benewah county to the same extent and in the same manner as though Benewah county had not been created. The general laws of the State of Idaho relating to intoxicating liquors, prohibition districts and prohibition counties, and the manner in which said districts are formed and created, shall apply to Benewah county. SEC. 24. All Acts and parts of Acts in conflict with this Act are hereby repealed. SEC. 25. Whereas, an emergency exists therefor, this Act shall take effect immediately upon its passage and approval. Approved January 23, 1915. CHAPTER 5 AN ACT TO PROVIDE FOR THE ISSUANCE OF WARRANTS OF COMMON SCHOOL DISTRICTS IN EMERGENCY CASES; AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That the trustees of any common school district of the State of Idaho may issue orders for warrants for the payment of teachers for services in teaching, and for other necessary expenses connected with the school, whether or not there is any money in the treasury to the credit of the district issuing such orders for warrants; Provided, That the total amount of such orders for warrants shall not exceed the amount of ordinary and necessary maintenance expenses of such district for the minimum term as required by the laws of the State of Idaho. SEC. 2. The State Board of Education shall be the sole and exclusive judge of the necessity of issuing such warrants, and of the amount thereof as provided in the preceding section. The approval of the State Board of Education shall be filed by the board of trustees of any common school district issuing orders for warrants as herein provided with the county superintendent of public instruction as a prerequisite to the issuance of warrants. SEC. 3. This act and the powers conferred thereby shall expire on January 1, 1916. SEC. 4. An emergency existing therefor, this act shall take effect and be in force from and after its passage and approval. Approved February 3rd, 1915. CHAPTER 6 (S. B. No. 5.) AMENDING SECTION 2253 OF THE REVISED CODES OF IDAHO, AS AMENDED BY SECTION 5 OF CHAPTER 106 OF THE LAWS OF THE TWELFTH SESSION OF THE LEGISLATURE OF THE STATE OF IDAHO, 1913, APPROVED MARCH 10TH, 1913, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 2253 of the Revised Codes of Idaho, as amended by Section 5 of Chapter 106 of the Laws of the Twelfth Session of the Legislature of the State of Idaho, 1913, approved March 10, 1913, be and the same is hereby amended to read as follows: SEC. 2253. The provisions of this Chapter shall not apply to cities having special charters, which provide for registration. SEC. 2. An emergency existing therefor, this Act shall be in force and take effect from and after its passage and approval. Approved February 5th, 1915. CHAPTER 7 (H. B. No. 1.) AN ACT TO CREATE AND ORGANIZE THE COUNTY OF BOUNDARY IN THE STATE OF IDAHO; TO DEFINE THE BOUNDARIES THEREOF; TO PROVIDE FOR THE APPORTIONMENT OF THE INDEBTEDNESS OF THE COUNTY OF BONNER, STATE OF IDAHO, AND THE SAID COUNTY OF BOUNDARY; AND FOR THE PAYMENT OF SAME; TO PROVIDE FOR THE APPORTIONMENT OF THE PROPERTY AND MONEYS OF SAID COUNTY OF BONNER AND SAID COUNTY OF BOUNDARY; TO PROVIDE FOR THE TRANSCRIBING OF THAT PORTION OF ALL THE RECORDS IN SAID COUNTY OF BONNER RELATING TO PROPERTY AND PERSONS WITHIN THE BOUNDARIES OF THE COUNTY OF BOUNDARY; TO CONSTITUTE THE COUNTY OF BOUNDARY A PART OF THE EIGHTH JUDICIAL DISTRICT OF THE STATE OF IDAHO; TO CONSTITUTE THE COUNTY OF BOUNDARY THE THIRTY-FOURTH SENATORIAL DISTRICT OF THE STATE OF IDAHO UNTIL OTHERWISE APPORTIONED BY LAW; AND FOR OTHER PURPOSES PROPER AND INCIDENT TO THE CREATION AND ORGANIZATION OF THE COUNTY OF BOUNDARY AND REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THIS ACT. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That there is hereby created and formed out of a portion of the existing county of Bonner, in the State of Idaho, a new County, to be named Boundary County, to be organized and governed as herein provided. SEC. 2. That all that portion of the State of Idaho within. the boundaries described as follows, to-wit: Beginning at a point on the state line between the states of Idaho and Washington where the same is intersected by the north line of Township Sixty-three (63) North of Range Five (5) West of Boise Meridian in the County of Bonner, State of Idaho; thence running east along the said North line of Townships Sixty-three (63) North of Ranges Five (5) and Four (4), West of Boise Meridian, to the Range line between Ranges Three (3) and Four (4) West of Boise Meridian; thence south along said range line to the southwest corner of Township Sixty (60) North, Range Three (3) West of Boise Meridian; thence running east along said. south line of Township Sixty (60) through Ranges Three (3), Two (2) and One (1), West of Boise Meridian, and Ranges One (1), Two (2), and Three (3), East of Boise Meridian, to the state line between the states of Idaho and Montana; thence running north along said state line to the international boundary line between the United States |