CHAPTER 33

(S. B. No. 59)

AN ACT

TO AMEND SECTION 7373 OF THE IDAHO COMPILED STATUTES RELATING TO THE ENFORCEMENT OF THE CLAIM OF LIEN OF FARM LABORERS BY PROVIDING FOR THE DURATION OF SUCH LIEN; PROVIDING RULES OF PRACTICE AND APPEALS IN ACTIONS TO FORECLOSE SUCH LIENS; PROVIDING AN ENFORCEMENT OF THE SAME AGAINST THE WHOLE OR PART OF THE PROPERTY; PROVIDING FOR JOINDER OF ACTIONS AND ATTORNEY'S FEES IN CASE OF FORECLOSURE; PROVIDING FOR ENFORCEMENT OF JUDGMENT AND APPORTIONMENT OF PROCEEDS AND PROVIDING FOR METHOD OF SALE IN THE EVENT OF FORECLOSURE, BY ADDING TO SAID SECTION, SECTIONS 7373a, 7373b, 7373c, 7373d, 7373e, and 7373f.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 7373 of the Compiled Statutes of the state of Idaho be and the same is hereby amended to read as follows:

Section 7373. CLAIM OF LIEN: ENFORCEMENT: Any person claiming the benefit of this article must, within sixty (60) days after the close of said work or labor, file for record with the county recorder of the county in which said work and labor was performed, a claim which shall be in substance in accordance with the provisions of Section 7362, so far as the same may be applicable, which said claims shall be verified as in the said section provided, and said liens may be enforced in civil actions. * * * Provided, That where farm products are removed from the premises upon which the same were grown, and sold to shippers, wholesale dealers or manufacturers upon the open market in the ordinary course of trade before the filing of any such lien, such shippers, wholesale dealers or manufacturers shall not be liable for any farm laborer's lien, unless notice has been given them of persons holding claims described in this article: and said vendee shall be required to demand and receive a sworn, written statement from the vendor giving the names and the amounts due to laborers entitled to liens, as provided in this article. Any such vendor who shall fail to make such statement when demanded or who shall make any false or misleading statement therein, shall be guilty of a misdemeanor, and shall, moreover, be liable to any laborer thus deprived of his lien for double the full value thereof, and to reasonable attorney's fees in case suit is instituted to recover the amount his due.

Section 7373a. DURATION OF LIEN. No lien provided for in this article binds such crop or crops for a longer period than six calendar months after the claim as herein provided has been, filed, unless a civil action be commenced in a proper court within that time to enforce the same.

Ex

Section 73736. RULES OF PRACTICE AND APPEALS. cept as otherwise provided in this article the provisions of this code relating to civil actions, new trials and appeals are applicable to, and constitute the rules of practice in the proceedings mentioned in this chapter.

Section 7373c. ENFORCEMENT AGAINST WHOLE OR PART OF PROPERTY. Any person who shall bring civil action to enforce the lien as herein provided for, or any person having a lien as herein provided for, who shall be made a party to any such civil action has a right to demand that such lien be enforced against the whole or any part of such crop or crops.

Section 7373d. JOINDER OF ACTIONS: ATTORNEY'S FEES. Any number of persons claiming liens against the same property under this article may join in the same action, and when separate actions are commenced, the court may consolidate them. The court shall also, as part of the cost, allow the moneys paid for filing and recording the claim, and a reasonable attorney's fee for each person claiming a lien.

7373e. ENFORCEMENT OF JUDGMENTS: APPORTIONMENT OF PROCEEDS. In such civil action judgments must be rendered in favor of each person having a lien for the amount due him, and the court or judge thereof shall order any property subject to the lien herein provided for, to be sold by the sheriff of the proper county in the same manner that personal property is sold on execution, and the court or judge shall apportion the proceeds of such a sale for the payment of each judgment pro rata, according to the amount of such judgment.

7373f. PROPERTY MAY BE SOLD AS PERSONALTY. The court or judge may order any property subject to a lien as in this article provided, to be sold by the sheriff as personal property is sold on execution, either before or at time judgment is rendered as provided in the section next preceding, and the proceeds of such sale must be paid into court to be applied as in such section directed.

Approved February 17, 1923.

CHAPTER 34

(S. B. No. 8)

AN ACT

REPEALING CHAPTER 58 OF THE LAWS OF 1919 AND CHAPTER 53 OF THE COMPILED STATUTES OF IDAHO CODIFIED THEREFROM, AND PROVIDING THAT SUCH REPEAL SHALL NOT RELIEVE ANY COUNTY OR TAXPAYER FROM THE PAYMENT OF ANY TAXES LEVIED UNDER SAID ORIGINAL ACT; PROVIDING THAT ANY UNENCUMBERED BALANCE IN THE ORIGINAL APPROPRIATION FROM THE GENERAL FUND SHALL LAPSE UPON THE TAKING EFFECT OF THIS ACT; PROVIDING FOR THE REIMBURSEMENT OF THE SANDPOINT CHAMBER OF COMMERCE AND PAYETTE COMMERCIAL CLUB ON ACCOUNT OF EXPENDITURES INCURRED IN ACQUIRING HOSPITAL SITES; PROVIDING FOR THE TRANSFER OF ANY UNENCUMBERED BALANCE IN THE DISTRICT TUBERCULOSIS HOSPITAL FUND, TOGETHER WITH PROCEEDS OF UNCOLLECTED SPECIAL TAXES, TO THE GENERAL FUND OF THE STATE; PROVIDING FOR THE SALE OR LEASE OF HOSPITAL SITES BY THE STATE LAND COMMISSIONER AND THE DISPOSITION OF THE PROCEEDS THEREOF; AND DECLARING AN EMERGENCY.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Chapter 58 of the laws of 1919 and Chapter 53 of the Compiled Statutes of Idaho codified therefrom, be, and the same hereby are, repealed.

SEC. 2. That the repeal of said original act, as hereinabove provided, shall not operate to relieve any county of the state of Idaho, or any taxpayer thereof, of the payment of any part of the special tax levied for the years 1919 and 1920 for the construction, equipment, support and maintenance of district tuberculosis hospitals, under Section 4 of said act.

SEC. 3. That any balance of the $5,000 appropriated from the general fund by Section 5 of said original act, unencumbered by actual and necessary expenses of the members of the state tuberculosis commission lawfully incurred by them in the performance of their duties prior to the taking effect of this act, shall forthwith lapse and cease to be available.

SEC. 4. That, upon the presentation of proper claims duly certified by the state tuberculosis commission, or, if said commission be not then in existence, certified by the commission of public welfare, and the further certification thereof

by the state auditor and approval of the state board of examiners, said auditor is hereby authorized and directed to issue to the Sandpoint chamber of commerce, of Sandpoint, Idaho, a warrant for $5,000.00, thereby reimbursing said organization for one-half of the purchase price of the hospital site at Sandpoint, Idaho, hereinafter described, and to issue to the Payette commercial club, of Payette, Idaho, a warrant reimbursing said organization for the actual purchase price, not exceeding $4,000.00, of the hospital site at Payette, Idaho, hereinafter described; Providing, That no claim shall be approved or paid for the purchase price of said sites, or either thereof, until good and sufficient warranty deeds conveying clear title to the state of Idaho have been recorded in the offices of the county recorders of the proper counties, respectively, and the approving opinion of the attorney general relative to each title has been attached to and filed with each of such claims, respectively. Warrants issued for such reimbursements shall be charged to the district tuberculosis hospital fund.

SEC. 5. All lawful claims payable from the district tuberculsis hospital fund established under the provisions of the acts repealed in Section 1 hereof, incurred prior to the time when this act becomes effective, shall be paid from said district tuberculosis hospital fund in the manner provided by the act and statutes repealed in Section 1 hereof; Provided, however, That such claims be presented to the state board of examiners for allowance on or before sixty days. after the passage and approval of this act. Any claim not presented within such time shall be forever barred. So much of said district tuberculosis hospital fund as is not required for the payment of claims presented to such state board of examiners within the time limited by this section, shall immediately upon payment of such claims as are allowed against the same by the state board of examiners, be transferred to and become a part of the general fund of the state of Idaho.

SEC. 6. That any balance in the district tuberculosis hospital fund, unencumbered at the time this act takes effect, after deducting the items of expenditures hereinabove authorized, together with any proceeds of the special tax authorized by Section 4 of said original act and levied for the years 1919 and 1920, hereafter coming into the state treasury, shall be forthwith transferred and credited to the general fund of the state.

SEC. 7. The state tuberculosis commission is hereby authorized and directed to deliver to the land commissioner of the state of Idaho, all deeds, abstracts, and title papers relative to such hospital sites, heretofore or hereafter ac

quired by the state of Idaho under this act, or under the act hereby repealed, and said land commissioner is hereby authorized and directed to sell and dispose of said sites, described as follows, to-wit:

The tract known as the "Sunnyside Site", at Sandpoint, Idaho, acquired from Jessie Hawkins Tuck and Charles Tuck, her husband, described as follows, to-wit:

The northeast quarter of the southwest quarter (NE1⁄4 SW4) of section eighteen (18), township fifty-seven (57) north, range one (1), east of the Boise Meridian; and the following portions of sections eighteen (18) and nineteen (19), township fifty-seven (57) north, range one (1) east of the Boise Meridian, bounded and described as follows, to-wit:

Beginning at the northwest corner of lot five (5) in said section eighteen (18), township and range aforesaid, running thence east 165 feet along the north line of said lot five (5) to a point; thence south parallel with the west line of said lot five (5) 297.7 feet to a point; thence south twenty-nine (29) degrees east 1,264 feet to a point on the meander line of Lake Pend d'Oreille; thence westerly along said meander line to the southwest corner of lot two (2), section nineteen (19), township and range aforesaid; thence north to the northwest corner of said lot two (2); thence east along the north line of said lot two (2) to the southwest corner of said lot five (5), the place of beginning.

The tract known as the "Hoffman Eighty", at Payette, Idaho, described as follows, to-wit:

The NE of the NW4 and the NW14 of the NE4 of section 26, township 9 north of range 5, west of the Boise Meridian, containing 80 acres according to the United States government survey.

Said tracts shall be sold and disposed of in such manner and upon such terms as other state lands are sold, and if, in the judgment of said land commissioner, said lands cannot be forthwith disposed of to the best interests of the state, he is hereby authorized to lease the same upon such terms and under such regulations as other state lands are leased. All proceeds from the sale or rental of said lands shall accrue to the general fund of the state of Idaho.

An emergency existing therefor this act shall become effective immediately upon its passage and approval, except that for the sole purposes provided in Sections 4 and 5 hereof, and for no other purposes whatever, the statutes and acts repealed in Section 1 hereof shall be continued in force and effect insofar as necessary and so long as necessary to carry out the provisions of said Sections 4 and 5.

Approved February 19, 1923.