the place of sale, at public auction, upon first giving public notice thereof in writing, by posting up the same in three of the most public places in the precinct, where such estray was taken up, at least ten days before such sale; and the taker-up may bid thereon at such sale; and after deducting all the lawful charges of the taker-up, as aforesaid, and the fees of the Sheriff or Constable, which are the same as on an execution; the remaining proceeds of such sale must be deposited in the county treasury. Any estray sold as herein provided, shall be branded by the Sheriff or Constable, making such sale, with an estray brand as follows: A circle with an initial letter E in the center E the same to be placed on the left side, or ribs, of all the horned stock, and on the left shoulder of all other stock. The branding irons for such purpose shall be furnished by each respective county in Idaho; and the Sheriff or Constable, making such sale shall receive, for his services, the sum of fifty cents per head for each animal so branded.

Approved March 12, 1897.

H. B. No. 177.

IRRIGATING DITCHES

EXEMPTION FROM

ΤΑΧΑΤΙΟΝ.

AN ACT

AMENDATORY OF AND SUPPLEMENTARY TO CHAPTER 1, OF TITLE 10, OF THE POLITICAL CODE OF THE REVISED STATUTES OF THE STATE OF IDAHO, AS AMENDED BY THE ACT OF MARCH 6, 1893, AND AS AMENDED BY THE ACT OF MARCH 6, 1895, BY ADDING TO SAID CHAPTER I, A SECTION TO BE KNOWN AS SECTION 1402, RELATING TO EXEMPTIONS OF IRRIGATING CANALS, DITCHES AND WATER RIGHTS FROM TAXATION.

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

SECTION 1. That Chapter I, of Title 10, of the Political Code of the Revised Statutes of the State of Idaho, as amended by the act of March 6th, 1893, and as amended by the act of March 6th, 1895, be amended by adding to said Chapter I, Section 1402, said added section to read as follows: Section 1402. The following property is exempt from taxation: All irrigating canals and ditches and water rights appurtenant thereto, when the owner or owners of said irrigating canals and ditches use the water thereof exclusively

upon land or lands owned by him her or them; Provided, In case any water be sold or rented from any such canal or ditch, then, in that event, such canal or ditch shall be taxed to the extent of such sale or rental.

SEC. 2. An emergency existing, therefore this act shall be in force and take effect from and after its passage.

SEC. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 12, 1897.

H. B. No. 66.

ROAD OVERSEERS-ELECTION OF.

AN

ACT

TO PROVIDE FOR THE ELECTION OF ROAD OVERSEERS BY THE QUALIFIED ELECTORS OF ROAD DISTRICTS.

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

SECTION 1. That the qualified electors of each road district in the several counties of the State, shall meet on the first Monday in December of each year, at 1 o'clock P. M., and proceed to elect a road overseer.

SEC. 2. Notice of such election, and the place of holding the same, may be given by any five of the qualified electors of the road district, by posting notices at least ten days previous, to the time of holding such election, in at least three of the most public places in such road district. The place of holding such election shall be as nearly as practicable in the center of such road district.

SEC. 3. Said election to be conducted in the same manner as school elections, and immediately after the assemblage of such electors, they shall elect a judge and clerk from their number, who shall serve as judge and clerk of such election without compensation.

SEC. 4. The candidate receiving the highest number of votes cast for such overseer at such election, shall be declared duly elected and shall be so certified to the Clerk of the Board of County Commissioners of the county, by the judge and clerk of such election. The Clerk of the Board of County Commissioners shall prepare a certificate of election, in accordance with the returns so made, and the person receiving such certificate shall, before entering upon his duties as such road

COUNTY SUPERINTENDENT OF PUBLIC INSTRUCTION.

79

overseer, furnish a good and sufficient bond in the sum of three hundred dollars, in favor of the county, and approved by the Board of County Commissioners, and the said overseer, when such bond is approved, shall, further, before entering upon his duties, take and subscribe to the usual oath of office.

SEC. 5. In case of vacancy or of failure to elect such road overseer, the Board of County Commissioners shall upon petition, appoint an overseer, who shall serve for the unexpired term. But for cause of neglect of duty, or for neglecting to care for tools, or machinery, belonging to the district, or upon a petition from said district, the Board of Commissioners may declare such office vacant, and the electors of said district shall elect another overseer as provided for in this act.

SEC. 6.

All acts and parts of acts in conflict with

this act, are hereby repealed. Approved March 12, 1897.

S. B. No. 9.

COUNTY SUPERINTENDENT OF PUBLIC INSTRUCTION.

AN ACT

то ESTABLISH THE OFFICE OF COUNTY SUPERINTENDENT OF PUBLIC INSTRUCTION, AND PRESCRIBING THE DUTIES OF THE SAME.

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

SECTION 1. At the next ensuing general election after the passage of this act, there shall be elected in each county in the State of Idaho, a Superintendent of Public Instruction, who shall reside at the county seat of the county in which he is elected, and who shall hold his office for a term of two years, from and after his taking charge of the same and until his successor has been elected any qualified.

SEC. 2. Before entering upon the duties of his office the County Superintendent of Public Instruction shall take and subscribe the oath prescribed by law and execute a bond, payable to the State of Idaho, with two or more sureties to be approved by the Board of County Commissioners, in the penal sum of not less than two thousand dollars, conditioned upon the faithful performance of his official

duties, and the delivery of all moneys and property received by him as such Superintendent to his successor in office, which bond shall be filed in the office of the County Recorder; which official bond together with his official oath, shall be filed in the office of the County Recorder as aforesaid, not later than the second Monday in January, next after election: Provided, That no person shall be eligible to the office of County Superintendent of Public Instruction except a practical teacher of not less than two years experience and the holder of a valid first grade certificate, at the time of his election or appointment.

SEC. 3. The County Superintendent of Public Instruction shall have charge and oversight of the public schools of his county, and it shall be his duty to visit every public school in his county at least once during each term and remain at said public school at least one-half day; at such visits he shall carefully observe the methods employed by the teacher in giving instruction in the several branches taught; the manner of discipline and government, the classification of the pupils, and general management of the school, and shail give the school such instruction and encouragement as he deems for the best interests of all concerned, and he shall make such suggestions to the teacher in private as, in his judgment, will render the said teacher more efficient, and promote the general educational interests of the district.

SEC. 4. The County Commissioners shall furnish the County Superintendent of Public Instruction an office in the county seat, and they shall furnish him with all necessary office furniture, including seal and blank books, stationery, postage, expressage, all blanks necessary for his office, and all blank books and blanks necessary for the use of the trustees and teachers in the discharge of their respective official duties within his county. The County Superintendent of Public Instruction shall designate certain days in each month as his office days, which shall not be less than five in any month, and upon these days so designated by him, he shall keep his office open from 9 o'clock A. M. until 5 o'clock P. M.

SEC. 5. He may, in his discretion, require the trustees in any district to repair the school buildings or property, or to abate any nuisance in and about the premises, if such repair or abatement can be done for a sum not to exceed seventy-five dollars; Provided, There is a sufficient amount of money in the treasury to the credit of the district. He may also in all cases. require the trustees to provide suitable outhouses; and in case the trustees fail to make such provision within a reasonable time, he may cause it to be done, and draw an order for a warrant, as hereinafter provided, upon the County Auditor for said expenses, who shali draw his warrant payable out of any money to the credit of such district.

SEC. 6. He shall keep a complete record of all his official acts; preserve all blanks, maps, charts and apparatus, sent him as such officer, and file all papers, reports and statements from teachers and school boards; keep a register of all teachers employed in his county, giving name of teacher, number of district, salary per month, grade of certificate and date of Superintendent's visit. He shall obey the legal instructions of the State Superintendent.

SEC. 7. He shall hold one regular public examination in each year for the purpose of examining all persons who may offer themselves as teachers in the public schools; said examination to be held in some suitable room at the county seat, and commencing on the fourth Thursday of August and continuing not to exceed three days. And for a like purpose the said County Superintendent shall hold not to exceed three special examinations at such times and places, as in his judgment the interests sf the schools and teachers of the county shall require; Provided, That it shall be the duty of the County Superintendent to give at least fifteen days notice of such regular and special public examinations in some newspaper published in the county.

SEC. 8. He shall grant certificates to teachers in such form as the State Superintendent of Public Instruction shall prescribe, and to those persons only who shall have attained the age of eighteen years,