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H. B. No. 34.

INDIGENT POOR-WHEN MEMBERS OF FAMILY MUST SUPPORT.

AN ACT

TO AMEND SECTION 2531 OF THE REVISED STATUTES OF THE STATE OF IDAHO.

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

SECTION 1. Section 2531 of the Revised Statutes of Idaho is hereby amended so as to read as follows: Section 2531. It is the duty of the father, the mother and the child or children of any poor person who is unable to maintain himself or herself by work, to maintain such poor person to the extent of his, or her ability. And whenever any person shall apply for aid to any county within this State under its indigent laws, and it shall at any time appear to the County Commissioners that said poor person has a father, mother, child or children who is able to maintain him or her, but fails so to do, it shall be the duty of the said commissioners to furnish all necessary aid and to bring a civil suit against such father, mother chid or children to recover the amount so expended, in the name of the county. The promise of an adult child to pay for necessaries previously furnished to such parents is binding.

Approved March 8, 1897.

WATER,

H. B. No. 159.

AND DOMESTIC

IRRIGATION
PRICE OF.

AN ACT

ΤΟ ESTABLISH A UNIFORM MAXIMUM PRICE FOR THE USE OF WATER UNDER A SALE, RENTAL OR DISTRIBUTION.

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

SECTION 1. That from and after the passage of this act, it shall be unlawful for any person, firm, association or corporation, owning or controlling any ditch, canal, reservoir, or conduit for the distribution of water for irrigation or domestic purposes, under a sale, rental, or distribution for hire, to charge a higher price, than at the rate of sixty-two dollars and fifty cents ($62.50) per cubic foot per second continuous flow, for any irrigating season, for which such water

NATURALIZED CITIZENS-GAMBLING, TO PROHIBIT. 53

may be used; Provided however, That the minimum price charged to any one person for the use of water for irrigating or domestic purposes may not be less than ten dollars ($10.00); Provided further, That the provisions of this section shall [not] apply to the furnishing of water to the inhabitants of any city, town or village.

SEC. 2. An emergency existing, this act shall take effect from and after its passage and approval by the Governor.

Approved March 8, 1897.

H. B. No. 114.

NATURALIZED CITIZENS, ATTORNEY AND

COUNSELOR,

AN ACT

WHO..

ΤΟ AMEND SECTION 3990 OF THE REVISED STATUTES OF THE STATE OF IDAHO, RELATING TO ATTORNEYS AND COUNSELORS AT LAW.

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

SECTION 1. That Section 3990 of the Revised Statutes of the State of Idaho, be amended to read as follows: Section 3990. Any citizen or person, resident of this State, who has bona fide declared his intention to become a citizen in the manner required by law; of the age of twenty-one years, of good moral character, and who possesses the necessary qualifications of learning, and ability, is entitled to admission as attorney and counselor in all Courts of this State.

SEC. 2. Whereas an emergency exists, therefore this act shall be in force and effect from and after its passage and approval.

Approved March 8, 1897.

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

SECTION 1. Every person who deals, plays or carries on, opens or causes to be opened, or suffers or permits to be opened, or who conducts, either as owner, employee or lessee; whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge

et noir, rondo, or any game played with cards, dice, or any other device, for money, checks, credit or any other representative of value, is guilty of a misdemeanor, and is punishable by fine not less than two hundred dollars or imprisonment in the county jail not less than four months.

SEC. 2. Every person who knowingly permits any of the games prohibited by the preceding Section to be played, conducted, or dealt in any house owned or rented by such person, in whole or in part, is punishable as provided in the preceding Section.

SEC. 3. Every person who, by any practice, cheat or device, or false pretense whatsoever, while playing at any game of chance, or while bearing any share in wages played for, or while betting on sides or hands of such playing, wins or acquires to himself or another any sum of money or any thing of value or representative of value, is guilty of a misdemeanor.

SEC. 4. Whenever any Judge or Justice of the Peace shall have knowledge, or shall receive satisfactory information, that there is any gambling table or gambling device, adopted or devised and designed for the purpose of playing any of the games of chance prohibited in Section one of this act, within his district or county, it shall be his duty to forthwith issue his warrant, directed to the Sheriff or Constable, to seize and bring before him such gambling table or other device, and cause the same to be publicly destroyed, by burning or otherwise.

SEC. 5. The officer who shall be charged with the execution of any warrant specified in Section four of this act, shall have like power of execution thereof, as is provided in cases of search warrants.

SEC. 6. Every person duly summoned as a witness for the prosecution, on any proceedings had under this chapter, who neglects or refuses to attend, as required, is guilty of a misdemeanor.

SEC. 7. No person otherwise competent as a witness, is disqualified from testifying as such, concerning the offense of gaming, on the ground, that such testimony may criminate himself; but no prosecution can

GUARDIANSHIP OF MINORS-RELATING TO ATTORNEYS. 55

afterwards be had against him for any offense concerning which he testified.

SEC. 8. Every Prosecuting, or County Attorney, Sheriff, Constable or police officer, must inform against and diligently prosecute persons whom they have reasonable cause to believe offenders against the provisions of this act, and every such officer refusing or neglecting so to do, is guilty of a misdemeanor.

SEC. 9. All acts, or parts of acts, inconsistent with the provisions of this act, are hereby repealed. Approved March 8, 1897.

H. B. No. 11.

GUARDIANSHIP OF MINOR, WHO MAY BE.

TO

AN

AMEND SECTION 5774 OF THE

ACT

REVISED STATUTES OF THE STATE OF IDAHO.

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

Section 5774, of the Revised Statutes of the State of the Idaho is hereby amended to read as follows: Either the father or mother of a minor, being themselves respectively competent to transact their own business, and not otherwise unsuitable, must be entitled to the guardianship of the minor.

All acts and parts of acts inconsistent with this act are hereby repealed.

Approved March 8, 1897.

H. B. No. 40.

ATTORNEYS RELATING TO.

AN ACT

TO AMEND SECTION 4002 OF THE REVISED STATUTES OF IDAHO, RELATING TO ATTORNEYS AND COUNSELORS-AT-LAW.

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

SECTION 1. That Section 4002 of the Revised Statutes of Idaho, be and the same is hereby amended so as to read as follows: Section 4002. An attorney and counselor may be removed or suspended by the Supreme Court and by the District Courts for either of the following causes, arising after his admission to practice: 1. His conviction of a felony or misdemeanor involving moral turpitude in which case the record of conviction is conclusive evidence. 2. Willful

disobedience or violation of an order of the court, requiring him to do or forbear, an act connected with or in the course of his profession and any violation of the oath taken by him or his duties as such attorney and counselor. 3. Corruptly and without authority appearing as attorney for a party to an action or proceeding. 4. Lending his name to be used as an attorney and counselor by any other person who is not an attorney and counselor. 5. Failure for ten days after written demand, and payment or tender of the fees and expenses due him from his client to pay over or deliver any money or other property belonging to his client which he shall have received in his office of attorney or counselor in the course of collection or settlement of any claim or demand. claim or demand. 6. Habitual intemperance to such an extent that it disqualifies such attorney from faithfully discharging the duties devolving upon him. In all cases where an attorney is removed or suspended by a District Court, the judgment or order of removal or suspension may be reviewed, on appeal by the Supreme Court.

SEC. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 8, 1897.

H. B. No. 172.

WATERS OF STREAMS-DISTRIBUTION OF.

AN ACT

CONCERNING THE DISTRIBUTION OF THE WATERS OF STREAMS WHERE THE SAME HAVE BEEN ALLOTTED BY DECREE OF THE COURT AND PROVIDING FOR THE PAYMENT OF WATERMASTERS' SALARY.

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

SECTION 1. That whenever the users of the waters of any stream that have been allotted by decree of the court, fail to elect a watermaster as provided in Section 3200 of the Revised Statutes, the District Judge of the district in which said stream is situate shall upon a petition of at least ten of the users and claimants of the water of said stream appoint a watermaster who shall be governed by the provisions of chapter 3, of title 9, of the Revised Statutes, so far as the same is applicable together with the provisions of this act.

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