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or village assessor, who shall assess the assessable property of the city, town or village for city, town or village purposes in the same manner as county assessors assess property for county purposes, independent of the assessment rolls made by the county assessor.

SEC. 2. That section twenty-two hundred and thirty-eight (2238) of the Revised Statutes be amended so as to read as follows:

Section 2238. The board of trustees have power to levy and collect taxes for general revenue purposes, not to exceed ten mills on the dollar in any one year, on all property within the limits of such incorporated towns or villages, taxable according to the laws of the State of Idaho; the valuation of such property to be taken from the books or assessment rolls of the county assessor of the county in which such town or village is situated, for the last preceding assessment, except where a city, town or village assessor has been elected, as provided in section one (1) of this Act, in which case the valuation shall be taken from the assessment roll made by the said assessor.

SEC. 3. That section twenty-two hundred and thirty-nine of the Revised Statutes be amended so as to read as follows: Section 2239.

The assessor of such town or village must make a full and fair assessment of all the real and personal and other property within the limits of such town or village subject to taxation under the laws of this State, and to do this he must copy and make up such list or assessment so to be made by him froin the books and assessment rolls of the last preceding assessment made under the laws of this State by the assessor of the county in which such town or village is situated, except where a city, town or village assessor has been elected under the provisions of section 1 of this Act, in which case he must make the assessment as therein provided; and the clerk of said board of trustees must, under the direction of said board of trustees prepare and deliver to the treasurer of such town or village a duplicate of said tax list, keeping in his office the original list returned by the assessor as aforesaid, and he may receive therefor such compensation as the board of trustees may prescribe.

Sec. 4. The board of trustees shall have power to provide by ordinance for the election or appointment of a police magistrate, who shall have jurisdiction over all offenses against the city, town or village ordinances.

He shall have the same power as the district court in the issuance of process, and to enforce due obedience to all orders, rules and judgments made

The mayor or chairman of the board of trustees may be eligible to the office of police magistrate, and the board of trustees may fix his compensation.

SEC. 4A. That section twenty-two hundred and thirty-two (2232) of the Revised Statutes be amended so as to read as follows:

Section 2232. The corporation attorney and all other officers, except the marshal and police magistrate of all cities, towns and villages now incorporated, or hereinafter to be incorporated, shall be elected by the qualified voters thereof at the same time and in the same manner, in each city, town or village as is prescribed for the election of members of the council or board of trustees. The city or town marshal shall be appointed by the council or board of trustees, and shall be subject to removal by them for cause, and the council or board of trustees shall have power to fix and regulate by ordinance the salary and fees of all officers specified in this section

by him.

SEC. 5

at their last regular meeting prior to the election or appointment of such officers, and at any time thereafter to prescribe their duties; and said council or board of trustees shall have power to fill all vacancies that may occur in any office until the next regular election, and shall require the treasurer, and such other officers as they may deem necessary or expedient, to give bonds, with sufficient security, to be approved by them, in such sum or sums as they shall deem necessary, to secure the faithful performance of the duties of their respective offices and as security for the proper appropriation and payment of all moneys coming into their hands as such officers.

That section twenty-two hundred and thirty-one (2231) of the Revised Statutes be amended so as to read as follows: Section 2231.

One-half of all moneys which are collected within the limits of such city, town or village for liquor and other licenses, or from fines or penalties under any ordinance of such city, town or village must be paid over by the officers collecting the same into the city, town or village treasury for general revenue purposes; and one-half of such moneys shall be paid to the trustees of the several school districts of said city, town or village for the benefit of the public schools of said city, town or village, the same to be divided in case there is more than one district in said city, town or village; then among the several districts in proportion to the number of children of school age residing in each, according to the last school census in such district.

Sec. 6. Any city or town incorporated and subject to the provisions of this Act shall include within its corporate limits all the territory heretofore included therein; and, also, the board of trustees or council may, by ordinance, include within the corporate limits of such city or town all territory contiguous or adjacent thereto which has been at any time by the owner or proprietor thereof, or by anyone by his authority or acquiescence, laid off or subdivided into lots or blocks containing not more than five acres of land each, whether the same shall have been so laid off, subdivided or platted in accordance with any statute of this State or otherwise, and the board of trustees or council shall have the power, by ordinance, to compel the owners of any contiguous or adjacent land, or any part thereof, brought within the corporate limits of such city or town aforesaid, to lay out streets, avenues and alleys so that the same shall correspond in width and direction, and 'be continuous with the streets, avenues and alleys of such city or town, or otherwise, as shall appear most for the convenience of the inhabitants of such city or town and the public, and to vacate any public road heretofore established through such land where necessary to secure regularity in the general system of streets, avenues and alleys through the same.

Sec. 7. Every railroad company owning a right of way through and withiu the corporate limits of any city, town or village of this State shall open up across and over such right of way streets and alleys, so that the same may conform to, and be continuous with, the laid-out and dedi. cated streets or alleys of such city, town or village, and said company shall maintain and keep in repair all necessary crossings across such right of way for the convenience of public travel.

Sec. 8. Whenever any land lying contiguous or adjacent to any such city or town, or to any addition or extension thereof, shall be, or shall have been, by the owner or proprietor thereof, or any person by or with

his authority or acquiescence, laid off into lots or blocks of not more than one acre of land, whether the same shall have been, or shall be, laid off, subdivided or platted in accordance with any statute of this State or otherwise, or has sold, or begun to sell off such adjacent lands by metes and bounds in tracts not exceeding one acre, or whenever any tract or portion not exceeding ten acres of land may have been, or shall be, contiguous to, or surrounded or bounded by, on one or more sides by any addition or extension, or intended addition, to any such city, whether platted as aforesaid or not, it shall be competent for the board of trustees or council, by ordinance, to declare the same, by such name, designation or description as they may see fit, a part of such city or town; and thereupon and thereafter the corporate limits of such city shall extend to and include such land.

Sec. 9. When land or territory shall be, or shall have been, laid off, subdivided or platted into lots or blocks, and such lots or blocks shall be, or shall have been, for the purposes of sale or otherwise subdivided into smaller lots or parcels, such smaller lots or parcels shall be treated and regarded as lots or blocks within the meaning of the two preceding sections; and land or territory laid off or subdivided, as in said sections described, shall be regarded and treated as contiguous to such city or town, notwithstanding any stream or embankment or any strip or parcel of land not more than two hundred feet in width may be or lie between such land or territory and the corporate limits of such city or town.

Sec. 10. The streets and alleys in all territory which shall be hereafter attached to towus, cities and villages, or when laid out into lots and blocks, shall be by the owners thereof dedicated to the use of the public.

SEC. II. The violation of any valid city, town or village ordinance is hereby declared a misdemeanor or public offense, and all prosecutions for the same shall be in the name of the State of Idaho. SEC. 12.

That section twenty-two hundred and forty (2240) of the Revised Statutes be amended so as to read as follows: Section 2240.

The treasurer of such town, city or village receiving such duplicate tax list, within ten days thereafter, must give notice that the said tax list is in his hands for the collection of taxes; that the taxes, if not paid within thirty days from the date of such notices, will be delinquent and subject to all the forfeitures and penalties attaching to delinquent taxes under the general laws of the State; such notice must be made by publication one time in a newspaper published in the city, town or village, or, in case no newspaper is published therein, then by printed or written notices posted in four public places within the limits of said town, city or village.

SEC. 13. That section twenty-two hundred and forty-one, (2241) of the Revised Statutes be amended so as to read as follows: Section 2241.

Whenever any of said taxes become delinquent, as aforesaid, it is the duty of the treasurer of said town, city or village to deliver to the tax collector of the county in which said town, city or village is situated, at least ten days before the time appointed by law for advertising lands for sale for delinquent taxes of the county, a certified list of the delinquent taxes due for the said town, city or village, as well for previous years as for that year; and the lots and parcels of land upon which such delinquent taxes may be due must be advertised and sold by such county tax collectors at the same time and in the same manner, and with like effect, as lands or lots are sold by such county tax collector for county taxes; and such county tax collector must make out certificates of sale, and must make, execute and deliver tax collector's deeds for lots or land so sold, within the same time and in the same manger as is now provided by law when land is sold for delinquent county taxes; and such certificates and deeds have the same force and effect as those made in cases of sale for delinquent county taxes; the county tax collector must forthwith pay over to the town, city or village treasurer all moneys collected by him for delinquent taxes as aforesaid.

Whereas an emergency exists, this Act shall take effect and be in force from and after its passage.

Approved on the gth day of February, 1899.

Sec. 14.

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PRESCRIBING THE NUMBER OF TRIAL JURORS WHO MAY RETURN A VERDICT IN A CIVIL

AOTION.

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

SECTION 1. That section 3938 be amended to read as follows:

A trial jury is a body of men returned from the citizens of a particular district before a court or officer of competent jurisdiction and sworn to try and determine by a verdict a question of fact. Three-fourths of the jury may render a verdict in a civil action, and such verdict shall have the same effect as a unanimous verdict.

SEC. 2. All acts and parts of acts in conflict with this Act are hereby repealed.

SEC. 3. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.

Approved on the 6th day of February, 1899.

H. B. NO. 45.

AN ACT

PRESCRIBING THE NUMBER OF TRIAL JURORS WHO MAY RETURN A VERDICT IN MISDEMEAN

ORS, AND FOR THE POLLING OF THE JURY; AMENDING SECTIONS 7781 AND 7930 OP THE

REVISED STATUTES OF IDAHO.

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

SECTION 1. That section 7781 of the Revised Statutes of Idaho be amended to read as follows:

Issues of fact must be tried by jury, unless a trial by jury be waived in criminal cases not amounting to felony by the consent of both parties expressed in open court and entered in the minutes. In case of misdemeanor, the jury may consist of twelve, or any number less than twelve upon which the parties may agree in open court, but five-sixths of the jury may render a verdict, which verdict shall have the same effect as a unanimous verdict.

SEC. 2. That section 7930 of the Revised Statutes of Idaho be amended to read as follows: When a verdict is rendered and before it is recorded, the jury may be polled at the request of either party, in which case they must be severally asked whether it is their verdict; and if fivesixths answer in the affirmative, then the verdict shall be recorded; but if a less number answer in the affirmative, the jury must be sent out for further deliberation.

Sec. 3.

All acts and parts of acts in conflict with this Act are hereby repealed. Sec. 4.

Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.

Approved on the 6th day of February, 1899.

H. B. NO. 46.

AN ACT

AND EASTERN BOUND

TO ESTABLISH THE SOUTHEAST CORNER AND DEFINE THE SOUTHERN

ARIES OF LEMHI COUNTY, IDAHO.

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

SECTION 1. That the southeast corner of township eleven north, of range thirty-four east is hereby established as the southeast corner of Lemhi County, Idaho; and a line running due north from such corner along the range line between ranges 34 and 35 east to the State line between the States of Idaho and Montana is hereby fixed and defined as the east line of said Lemhi County; and a line running due west from said southeast corner of said township eleven north, of range thirty-four east, along the township line between townships 10 and 11 north to Little Lost river, on the Custer County line, is hereby fixed and defined as the south line of said Lemhi County,

SEC. 2. All acts and parts of acts in conflict with this Act are hereby repealed.

Whereas an emergency exists, this Act shall take effect and be in force from and after its passage.

Approved on the 6th day of February, 1899.

SEC. 3

H. B. NO. 47.

AN ACT TO AUTHORIZE THE ORGANIZATION OF COUNTY MUTUAL FIRE INSURANCE COMPANIES. Be it enacted by the Legislature of the State of Idaho:

SECTION 1. It shall be lawful for any number of persons, not less than twenty-five, residing in any county in this State who, collectively, shall own property not less than twenty-five thousand dollars in value, which they desire to insure, to form themselves into a company for mutual insurance against loss or damage by fire, which corporation shall possess other powers and be subject to other duties of corporations, and the corporate name thereof shall embrace the name of the county in which the business office of the said company shall be located.

SEC. 2. Every company so formed shall choose of that number, not to exceed thirteen directors, to manage the affairs of such company, who shall hold their office for one year, or until others are elected and qualified; and such directors shall choose from their number a president, vicepresident, secretary and treasurer, and said treasurer and secretary shall give such bond as shall be required by the board of directors of said company.

The directors of such company shall file their articles of incorporation, together with a copy of their by-laws and the names of the officers of such company, in the office of the county auditor of the county in which such company is located, and shall keep a record of their proceedings in a book kept for that purpose, together with the names of all persons having property insured, and the amount of property so insured

Sec. 3.

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