which the fan of the United States is pledged to provide for the payment of the interest and principal, including the bonds of the District of Columbia.

(b) Bonds of the State of Idaho, or those for which the faith of the State of Idaho is pledged or for which the State of Idaho is ultimately liable.

(c) Bonds of the several counties, cities, villages, towns and school districts of the State of Idaho; warrants of the State of Idaho or warrants or interest bearing obligations of any county or city of the State of Idaho issued pursuant to the authority of any law of the State of Idaho for the payment of which the faith and credit of said county or city issuing them, are pledged.

(d) Bonds of any association, corporation or company approved by the board of governors of the New York Stock Exchange and listed on the New York Stock Exchange.

No security shall be approved unless their market value shall equal their par value nor where there has been default within three years in the payment of the principal or interest of any obligation issued by the same maker.

Upon payment to the county of the deposits and accrued interest for which security was given, it shall be returned to the bank furnishing the same, and when such securities can be conveniently segregated, the amount thereof may be reduced in proportion as such deposits shall be reduced or repaid to the county.

SEC. 4. Section 6 of said act is amended to read as follows:

SEC. 6. All personal bonds shall be investigated and the sufficiency of the same or the sureties thereon determined as often as once every six months and shall be renewed every two years. The board of county commissioners may cause an investigation to be made at any time to ascertain the sufficiency of any bond or security offered or given under this act and to require new or additional security whenever in their judgment the safety of any deposit of county moneys under this act requires it; and such deposit shall be withdrawn unless such new or additional security be given. Any expense incurred in carrying out the provisions of this act shall be audited by the board of county commissioners, and, when allowed, paid out of the current expense fund of the county. The county treasurer shall not be liable personally, or upon

his official bond for any moneys that may be lost by reason of the failure or insolvency of any bank which becomes a depository under this act. The board of county commissioners, or any person authorized by them in writing, may, during business hours, in the presence of the treasurer or his deputy or clerk, inspect and examine the books of account in the office of the treasurer, and all contracts, writings, securities and other papers belonging to the county or pertaining to the business thereof, held by the treasurer, and may inspect and count the moneys belonging to the county and the several funds thereof in the custody of the treasurer; and it is hereby made the duty of the treasurer to furnish all reasonable facilities for the purpose.

And it is the duty of every county treasurer to file a report in writing, verified by his affidavit, with the county auditor on the last business day of each and every month, showing exactly how much cash he has in the treasury and in what bank or banks deposited and if in more than one, how much in each, which reports shall be carefully examined by the board of county commissioners at the next regular session following the filing of the same and compared by them with the books of the treasurer at least twice a year, and if they shall find that the treasurer has wilfully made any false statement therein he may be suspended or removed from office.

SEC. 5. Whereas, an emergency exists therefor, this act shall take effect and be in force form and after its passage and approval.

Approved March 13, 1907.

SENATE BILL NO. 78.

AN ACT

TO PROVIDE FOR DETERMINING HEIRSHIP AND TITLE TO ESTATES.

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

SECTION 1. In all estates being administered, or that may hereafter be administered, and in cases of estates that have been heretofore administered and closed, leaving real estate, the title to which has not been determined by testament duly allowed and recorded, whether the owner of the

record title resided in this State or otherwise; also, in cases where real estate has been left by any deceased person, whether a resident of this State or elsewhere, where no proceedings have been had in this State for the administration of such estate; any person claiming to be heir to the deceased or entitled to distribution in full or in any part of such estate, or otherwise interested therein, may, at any time after the expiration of one year from the issuing of letters testamentary or of administration upon such estate in cases of administration either had, or hereafter to be had, and within one year after the death of the owner of the record title to such real estate in other cases, file, in the probate court of the county where such estate had been or is being administered, or in such other cases in the probate court of any county wherein any such real estate is situated, a petition in the matter of such estate, praying the court to ascertain and declare the rights of all persons to said estate and all interests therein, and to whom distribution thereof should be made. Upon the filing of such petition, the court shall make an order directing service of notice to all persons interested in said estate to appear and show cause, on a day to be therein named, not less than sixty days nor over four months from the date of the making of such order, in which notice shall be set forth the name of the deceased, the name of the executor or administrator of said estate, the names of all persons who may have appeared claiming any interest in said estate in the course of the administration of the same, up to the time of the making of said order, and such other persons as the court may direct, and also a description of the real estate whereof said deceased died seized or possessed, so far as known, described with certainty to a common intent, and requiring all said persons, and all persons named or not having or claiming any interest in the estate of said deceased, at the time and place in said order specified, to appear and exhibit, as hereinafter provided, their respective claims of heirship, ownership, or interest in said estate, to said court, which notice shall be served in the same manner as a summons in a civil action, upon proof of which service, by affidavit or otherwise, to the satisfaction of the court, the court shall thereupon acquire jurisdiction to ascertain and determine the heirship, ownership, and interest of all parties in and to the property of said deceased, and such determination shall be final and conclusive in the administration of said estate, and the title and ownership of said property.

SEC. 2. The court shall enter an order or decree establishing proof of the service of such notice. All persons appearing within the time limited, as aforesaid, shall file their written appearance in person or through their authorized attorney, such attorney filing at the same time written evidence of his authority to so appear, entry of which appearance shall be made in the minutes of the court and in the register of proceedings of said estate. And the court shall, after the expiration of the time limited for appearing as aforesaid, who shall not have appeared as aforesaid.

SEC. 3. At any time within twenty days after the date of the order or decree of the court establishing proof of the service of such notice, any person so appearing may file his complaint in the matter of the estate, setting forth the facts constituting his claim of heirship, ownership, or interest in said estate with such reasonable certainty as the court may require, and serve a copy of the same upon each of the parties or attorneys who shall have entered their written appearance as aforesaid, if such parties or such attorneys reside within the county; and in case any of them do not reside within the county, then service of such copy of said complaint shall be made upon the clerk of said court for them, and the clerk shall forthwith mail the same to the address of such party or attorney as may have left with said clerk his postoffice address.

SEC. 4. Such parties are allowed twenty days after the service of the complaint, as aforesaid, within which to plead thereto, and thereafter such proceedings shall be had upon such complaint as in this code provided in case of an ordinary civil action; and the issues of law and of fact arising in the proceeding shall be disposed of in like manner as issues of law and fact are herein provided to be disposed in civil actions: Provided however, That all appeals herein must be taken within sixty days from the date of the entry of the judgment or the order complained of.

SEC. 5. The party filing the petition as aforesaid, if he file a complaint, and if not, the party first filing such complaint, shall, in all subsequent proceedings, be treated as the plaintiff therein, and all other parties so appearing shall be treated as the defendants in said proceedings, and all such defendants shall set forth in their respective answers the facts constituting their claim of heirship, ownership, or interest in said estate with such particularity as the court may require, and

serve a copy thereof on the plaintiff. Evidence in support of all issues may be taken orally or by deposition, in the same manner as provided in civil actions.

SEC. 6. Notice of the taking of such depositions shall be served upon the parties, or the attorneys of the parties, so appearing in said proceeding. The court shall enter a default of all persons failing to appear, or plead, or prosecute, or defend their rights as aforesaid; and upon a trial of the issues arising upon the pleadings in such proceeding, the court shall determine the heirship to said deceased, the ownership of his estate, and the interest of each respective claimant thereto or therein, and persons entitled to distribution thereof, and the final determination of the court thereupon shall be final and conclusive in the distribution of said estate, and in regard to the title to all the property of the estate of said deceased.

SEC. 7. The cost of the proceedings under this section shall be apportioned in the discretion of the court. In any proceeding under this section, the court may appoint an attorney for any minor mentioned in said proceedings not having a guardian. Nothing in this section contained shall be construed to exclude the right upon final distribution of any estate to contest the question of heirship, title, or interest in the estate so distributed, where the same shall not have been determined under the provisions of this section; but where such question shall have been litigated, under the provisions of this section, the determination thereof as herein provided shall be conclusive in the distribution of said estate.

SEC. 8. If it shall appear on the trial of any matter under this act that the estate of any deceased owner of any of the property affected thereby has been probated in any other state or territory, or foreign country, or that any probate proceedings in said estate have been theretofore had in any other county of this State, any final order or decree entered in any such proceedings either in this State, or any other State, or in any foreign country may be shown in evidence by a duly certified copy thereof, and the same shall have full faith and credit and the determination of the court in such matter shall be in accordance therewith, anything in this act to the contrary notwithstanding: Provided however, That this shall not prevent any person interested in any such property from showing that the court which rendered the decree or order shown by such certified copy had no jurisdiction to render the same.