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has been a failure upon the part of any board of trustees to comply with the law, and that said money shall be withheld from said board of trustees, he shall retain the same until further notice from the County Superintendent.

All moneys that shall be finally forfeited by any district shall be be put into the general school fund of the county, and be apportioned as other moneys. And it shall be the duty of said Treasurer to receive and hold as special deposits all moneys belonging to the public school fund of his county in accordance with the provisions of this act, and to pay them over only on the warrant of the County Auditor: Provided further, That the said County Treasurer shall pay over to the treasurer of any independent school district organized under the provisions of this act, all moneys belonging to such district upon the presentation of an order from the clerk of the board of trustees of such district signed also by the chairman thereof, and countersigned by the County Superintendent, and County Auditor.

SEC. 2. That Section 33 of said act be amended to read as follows: Section 33. It shall be the duty of the County Auditor upon the presentation of any order from the clerk of the board of trustees of any school district in his county, said order also being signed by the chairman of the said board of trustees or in his absence, by the other member of the board, to draw his warrant upon the school fund standing to the credit of the said district in favor of the person mentioned in the said order: Provided, That in case of independent school district orders, he shall not draw his warrant, but countersign the warrant or order of said district officers: Provided further, That the said orders have been countersigned by the County Superintendent, but in no case shall he issue a warrant, or countersign an order for a greater amount than there is cash in the treasury to the credit of said district.

SEC. 3. All acts and parts of acts in conflict with this act are hereby repealed.

Approved March 2, 1897.

LOCATION OF PLACER CLAIMS-LEGAL SERVICE. 13

H. B. No. 47.

LOCATION OF PLACER CLAIMS.

AN ACT

TO DEFINE THE MANNER OF LOCATING PLACER CLAIMS TO DETERMINE THE FORM OF THE LOCATION CERTIFICATES AND TO AMEND SECTION XII OF AN ACT ENTITLED "AN ACT TO DEFINE THE MANNER OF LOCATING LODE, QUARTZ AND PLACER CLAIMS, ETC.," APPROVED MARCH 5, 1895.

Be it enacted by the Legislature of the State of Idaho.

SECTION 1. That Section 12 of the above entitled act be amended to read as follows: Section 12. The locator of any placer mining claim located for the purpose of mining placer deposits or precious stones, must, at the time of making the location, place a substantial post or monument as is required in the location of quartz claims at each corner of the location and must also post on one of the same a notice of location containing the date of the location, the name of the locator, the name and dimensions of the claim, the mining district (if any) and county in which the same is situated; and must also give the distance and direction from said post or monument to such natural object or permanent monument, if any such there be, as will fix and describe in the notice itself, the location of the claim. Within fifteen days after making the location, the locator must make an excavation upon the claim of not less than one hundred cubic feet, for the purpose of prospecting the same. Within thirty days after the location, the locator must file for record in the office of the County Recorder of the county, or of the Deputy Recorder of the mining district in which the claim is situated, a substantial copy of his copy of notice of location, to which must be attached an affidavit such as is required in the case of quartz claims.

Approved March 2, 1897.

S. B. No. 42.

DEFINING LEGAL SERVICE UPON CORPORATIONS.

AN ACT

TO AMEND SECTION FOUR THOUSAND ONE HUNDRED AND FORTY-FOUR OF THE REVISED STATUTES OF IDAHO AS TO THE MANNER OF SERVICE UPON FOREIGN CORPORATIONS DOING BUSINESS IN THE STATE OF IDAHO, HAVING NO DESIGNATED AGENT UPON WHOM SERVICE CAN BE

14 DEFINING LEGAL SERVICE UPON CORPORATIONS.

HAD AS PROVIDED IN SECTION TWO THOUSAND SIX HUNDRED AND FIFTY-THREE.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That Section four thousand one hundred and forty-four is amended to read as follows: Section 4144. The summons must be served by delivering a copy thereof as follows:

1. If the suit is against a corporation formed under the laws of this State to the president or other head of the corporation, secretary, cashier or managing agent thereof.

2. If the suit is against a foreign corporation, or a non-resident joint stock company or association doing business and having a managing or business agent, cashier or secretary within this State to such agent, cashier or secretary, or to any station, ticket or other agent of such corporation transacting business thereof in the county where the action is commenced, and if there is no such agent in said county, then service may be had upon any such agent in any other county.

3. And whenever any foreign corporation or nonresident joint stock company or association, doing business within the State of Idaho, shall not have any designated person actually residing in the county in which said corporation or joint stock company shall be doing business within this State upon whom process issued by authority of or under any law of this State may be served as provided in Section 2653 of the Revised Statutes of Idaho, or when any such corporation or joint stock company having appointed such person or agent as provided in said Section 2653, and said agent or person so designated, shall have removed from, or ceased to be a resident, or be absent for more than thirty (30) days from said county, then the Auditor of said county shall be and is hereby designated as the authorized agent of said corporation or joint stock company upon whom process issued by authority of or under any law of this State may be served with like effect as though said service were made upon the agert or person appointed or designated as provided in Section 2653 of the Revised Statutes of Idaho.

4. If against a minor under the age of fourteen

years residing within this State, to such minor personally, and also to his father, mother or guardian, or if there be none within this State, then to any person having the care or control of such minor or with whom he resides or in whose service he is employed.

5. If against a person residing in this State who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such person and also to his guardian..:

6. If against a county, city or town, to the chairman of the Board of Commissioners, president of the council, or trustee or other head of the legislative department thereof.

7. In all other cases, to the defendant personally. SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed. Approved March 3, 1897.

S. B. No. 84.

COUNTY OFFICERS-ABSENCE OF.

AN ACT

TO AMEND SECTION 1826, ARTICLE 1, CHAPTER 3, OF THE REVISED STATUTES.

Be it enacted by the Legislature of the State of Idaho.

SECTION 1. That Section 1826 of the Revised Statutes of the State of Idaho be amended to read as follows: No county officer must absent himself from the State for more than twenty days, unless with the consent of the Board of County Commissioners.

SEC. 2. Whereas an emergency exists this act shall take effect from and after its approval by the Governor. Approved March 3, 1897.

S. B. No. 30.

REDUCING POWERS OF STATE ENGINEER.

AN ACT

TO REPEAL SECTION 5 OF CHAPTER I OF AN ACT TO PROVIDE FOR A STATE ENGINEER DEFINING HIS DUTIES AND REGULATING HIS COMPENSATION AND TO PROVIDE FOR THE ACCEPTANCE BY THE STATE OF IDAHO FROM THE UNITED STATES OF CERTAIN LANDS AND TO PROVIDE FOR THE RECLAMATION, OCCUPATION AND DISPOSAL OF THE SAME PASSED AT THE THIRD SESSION OF THE LEGISLATURE OF THE STATE OF IDAHO APPROVED MARCH 9TH 1895 AND TO PROVIDE FOR THE RENUMBERING OF THE SUCCEEDING SECTION[S] OF SAID CHAPTER OF SAID ACT.

16

H. C. ANCHOR & CO., COMPENSATION FOR OPALS.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 5 of Chapter I of an act to provide for a State Engineer defining his duties and regulating his compensation, and to provide for the acceptance by the State of Idaho from the United States of certain lands, and to provide for the reclamation, occupation and disposal of the same, approved March 9th 1895 be and the sime is hereby repealed.

SEC. 2. That the succeeding sections of said chapter, commencing with six (6) and ending with fifteen (15) shall be renumbered. Section six () becoming Section five (5) and so on consecutively to Section fifteen (15), which becomes Section fourteen (14).

SEC. 3. All acts and parts of acts in conflict with the provisions of this Act be and the same are hereby repealed.

SEC. 4. Whereas an emergency exists this act shall be in efect and force from and after its passage and approval by the Governor.

Approved March 3, 1897.

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OF IDAHO FOR THE
AN EXHIBIT OF ITS

TO COMPENSATE H. C. ANCHOR & CO. FOR THE LOSS OF THEIR EXHIBIT
OF OPALS LOANED BY THEM TO THE STATE
PURPOSE OF AIDING THE STATE IN MAKING
PRODUCTS AT THE LATE COLUMBIAN EXPOSITION.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That the sum of one thousand dollars be, and the same is hereby appropriated out of any money not otherwise appropriated, in the State treasury for the purpose of compensating H. C. Anchor, Fred Rochman, T. C. Host and T. Q. Shirley for the loss of their exhibit of opals loaned by them to the State of Idaho for the purpose of aiding the State in making an exhibit of its products at the late Columbian Exposition, said opal exhibit having been stolen from the Idaho pavilion for mines and mining.

SEC. 2. And it shall be the duty of the State Auditor to issue his warrant covering the amount of

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