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such inortgage, which amount he may demand before filing any such mortgage: Provided, that property in transit from the possession of the "mortgagee” to the county in which the "nortgagor" resides, or to a location for vise, shall, for a reasonable length of time for such transportation, be considered as located in the county to which the same is being removed: Provided, further, That if the mortgagee receive and retain actual possession of the property mortgaged, he may omit the filing of his mortgage during the continuance of such actual possession.

All acts and parts of acts inconsistent with this Act are hereby repealed.

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.

SEC. 3.

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SEC. 4.

TO

H. B. NO. 53.

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AN ACT
TO CREATE AND DEFINE THE DUTIES OF STATE BOARD OF HORTICULTURAL INSPECTION, AP-

PROPRIATE MONEY FOR THE EXPENSE THEREOF, AND TO PREVENT THE GIFT, SALE,
DISTRIBUTION, TRANSPORTATION, OR PLANTING OF INFESTED TREES, PLANTS, CUTTINGS,
GRAFTS, SCIONS, BUDS, OR OTHER HORTICULTURAL MATERIAL; AND TO PROVIDE FOR
DISINFECTION OR DESTRUCTION OF THE SAME, AND PRESCRIBING PENALTIES FOR FAIL-
URE TO COMPLY WITH THE PROVISIONS OF THIS ACT.

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

SECTION 1. There is hereby created the State Board of Horticultural Inspection, which Board shall consist of five members as follows: The professors of botany and zoology of the University of Idaho shall be ex officio members of said Board and the other three members shall be appointed by the Governor of the State as soon as may be after the passage of this Act, and shall hold their offices for the term of three years or until their successors are appointed and qualified and in making said appointments the Governor shall consider the recommendations of the State Horticultural Society” as the proper persons to be so appointed: Provided, That of the three members of said Board first appointed after the passage of this Act, one shall hold his office for one year, one for two years and one for three from the date of his appointment. SEC. 2.

Before entering on the duties of his office, each member of said Board shall take and subscribe the official oath prescribed for State officers, which oath shall be filed in the office of the Secretary of State.

Said Board shall meet on March 15th 1897 when it shall elect a president and a secretary from its number, who shall hold their offices during the pleasure of the Board. The secretary shall perform such duties as may be prescribed by the Board, and shall receive such compensation as the Board may establish, not exceeding two hundred and fifty dollars per annum. Said Board shall meet annually at such times and at such places as it shall determine. SEC. 4.

Said Board shall at its first meeting divide the State into not more than ten districts, and shall appoint a "State Horticultural Inspector'' for each district so established. The persons so appointed shall be especially qualified for the positions by reason of practical knowledge of horticulture and the pests incident thereto. Their jurisdiction shall be limited to their respective districts. Said inspectors shall hold their offices during the pleasure of said Board and shall be furnished with all necessary stationery and blanks by said Board, Said Board shall make an estimate of

SEC. 3

th

SEC. 5.

the amount of money available for each of said districts each year and no inspector shall incur any expense of any kind under this Act in excess of said estimate furnished him by said State Board. The aggregate sum of all the estimates furnished to the various district inspectors for any year must in no case exceed the appropriation available for carrying out this Act for such year.

Each inspector so appointed shall receive as compensation for his services as such inspector the sum of five dollars per day for each day actually and necessarily employed in the discharge of his duties as prescribed in this Act. Such compensation shall be paid out of the general fund of the State, upon warrants duly drawn by the State Auditor, only after the bills presented for such services shall have been audited and approved by the secretary and a majority of the members of said Board and audited as other bills against the State of Idaho.

SEC. 6. It shall be the duty of said State Inspectors, either upon their own motion or upon the complaint of interested parties, to enter and make or cause to be made inspections of any field, rights of way of irrigation canals or railways, public highways, orchard, nursery, fruit packing, houses, storeroom salesroom, depot or other place where fruits are grown or stored, and of fruits, trees, plants, vines, or other horticultural material within the State, supposed to be or liable to be infested with fruit pests, or with their eggs, or larvae, or infested with contagious disease injurious to fruits, plants, trees or vines, as hereinafter provided. The inspector shall require such person or persons to eradicate or destroy said injurious pests or other insects or their eggs or larvae, within a reasonable time to be specified; said notice shall be served on said person or persons, or either of them owning or having in charge such infested place, orchard, nursery, trees, plants, vines, fruit or articles as visited by the inspector, or it may be served in the same manner as the summons in a civil action. If the owner or owners, or the person or persons in charge or possession of any orchard or nursery, or trees or places, or horticultural articles infested with insects or any of them, or their larvae, or eggs after having been notified as above, to destroy the same, shall fail, neglect or refuse to do, then any and all such places, public highways, orchards, nurseries, trees, plants, vines, fruit, or articles thus infested are adjudged and declared to be a public nuisance, and shall be proceeded against as such; and whenever any such nuisance shall exist at any place in the State or on the property of any non-resident or on any highway as aforesaid, or on any property, the owner or owners of which cannot be found within the State, or on any property where notice has been served as aforesaid and where the owner or those in possession shall refuse or neglect to abate such nuisance within the time specified, it shall be the duty of the inspector within the county or district, wherein the nuisance is to be abated, and he is hereby empowered to cause said nuisance to be abated at once by eradicating or destroying all said pests or their eggs or larvae; or by disinfecting or destroying all fruit, vines, plants or other articles upon which any of said fungus diseases, pests, or their eggs or larvae may be found. The expense of such proceedings shall be paid out of the general fund of the State in the same manner as above set forth for paying said inspectors.

The inspectors are hereby vested with all necessary authority to enforce quarantine against any infested fields, lots, orchards, nurseries, trees, plants, shrubs, vines, buds or scions, fruits or any place or article

SEC. 7

SEC. 9.

within the State when the same may be liable to spread contagious diseases injurious to fruit or trees, or fruit crops of any kind, and to provide necessary rules and regulations to govern the same.

SEC. 8. For the purpose of disseminating knowledge concerning contagious diseases or injurious pests affecting trees, plants, vines or fruits, and the remedies, preventives, and disinfectants applicable thereto; the Board shall from time to time, as it may deem necessary, have printed bulletins containing such information, remedies, preventives and disinfectants as it may approve, which bulletins shall be circulated among the fruit growers, fruit dealers, shippers, transportation companies of horticultural products and their agents within the State.

All peach, nectarine, apricot, plum, prune, almond or other trees, budded or grafted upon peach stocks or roots; all peach or other pits, cuttings, buds or scions, raised or grown in a district where "peach yellows” or “peach rosette” is known to exist are hereby prohibited from being offered for sale, gift, distribution, transportation or planting within the State of Idaho. Any person, persons dealers, shippers, transportation companies or their agents, who shall be in possession of any such property for any purpose shall when required by the inspector, burn the same without delay. SEC. 10.

Fruit of any kind, trees, plants, cuttings, grafts, buds, seeds, scions, pits, or transportable material of any kind grown in any foreign country or in any of the United States or Territories, infested by any insect or insects or their eggs or larvae, seeds of weeds, or by any fungus or other disease or their germs, known to be injurious to fruit, or fruit trees or to other trees, and liable to spread contagion, are hereby prohibited from being offered for sale, gift, distribution, transportation or planting in any county of this State, until the same shall have been examined by the State inspector for such county or district, and if found diseased or infested, shall have been thoroughly disinfected as may be required by the inspector, the owner to pay the actual expense of such disinfection.

Sec. II. Any person or persons shipping fruit, or fruit trees, scions, cuttings, or plants within the State shall affix to each package or parcel containing the same a distinct mark, stamp or label, showing the name of the produce and the shipper of the same and the locality where grown.

SEC. 12. Any person, persons, dealers or shippers having in their possession any fruit, trees, plants, cuttings, grafts, buds, seeds, pits, scions or other transportable horticultural stock of any kind infested with any injurious insects or their germs, or with any fungus or other diseases injurious to fruit or fruit trees, or to other trees or plants, or who shall sell or offer for sale, gift, distribution, transportation or planting, or who shall refuse or neglect to destroy or disinfect (as provided in this Act or as ordered by the inspector of his district) the said fruit or trees, plants, cuttings, pits, scions or other material, or who shall refuse or neglect to attach a district mark or label as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twentyfive nor more than five hundred dollars.

Each inspector shall make a detailed report of all his official acts to the secretary of said Board on the first day of every month, which report shall be under oath and shall include a statement of the number of

SEC. 13

SEC. 15

days actually and necessarily employed and iniles traveled as such inspector during said month and a detailed statement of the amount due him or to other persons, for services or expenses incurred in carrying out the provisions of this Act. The secretary of said State Board shall audit all such bills and shall submit them by mail to each member of said State Board for approval and signature. If approved by a majority of said Board, said bills shall be transmitted to the State Auditor, and they shall be audited and paid as other claims against the State: Provided, Such bills shall not be so sent by mail to the members of the Board during the month in whicla occurs the annual meeting of said Board, but shall be submitted at such meeting.

Sec. 14. The members of the Board shall serve without compensation, but shall receive actual expenses incurred in attending the meetings of the Board.

All county officers shall be liable on their official bonds for the proper performance of any duties imposed by this Act.

Sec. 16. Inexcusable neglect or refusal to comply with the orders of a State Inspector, made in pursuance of the provisions of this Act, shall constitute a misdemeanor and shall be punished as provided for misdemeanors in section 13 of this Act.

There is hereby appropriated out of any money in the State treasury not otherwise appropriated for carrying out the provisions of this Act for the period ending with the close of the fiscal year of 1898

he sum of ten thousand five hundred dollars, or so much thereof as may be necessary, of which not more than one thousand five hundred dollars shall be available for paying the expenses of the State Board, the secretary, stationery postage and printing; and nine thousand dollars for payment of the per diem of the inspectors and of expenses incurred by them in carrying out the provisions of this Act. The State Auditor shall draw warrants against said appropriation in favor of the proper persons upon bills properly approved by a majority of said State Board, and audited as provided by law for other claims against the State.

SEC. 18. Whereas there is great danger to the horticultural interests of the State of Idaho from pests and other causes for which no adequate remedy has been provided an emergency existing therefor this Act shall take effect from and after its approval by the Governor.

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

Approved on the roth day of February, 1899.

SEC. 17.

SEC. 19.

H. B. NO. 54.

AN ACT TO PROVIDE FOR PROSECUTING OFFENSES ON INFORMATION, AND TO DISPENSE WITH THE

CALLING OF GRAND JURIES EXCEPT BY ORDER OF THE DISTRICT JUDGES.

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

SECTION 1. That the several courts of this State shall possess and may exercise the same power and jnrisdiction to hear, try, and determine prosecutions upon information for crimes, inisdemeanors and offenses, to issue writs and process, and do all other acts therein as they possess and may exercise in cases of like prosecutions upon indictments.

Sec. 2. All informations shall be filed during term, in the court having jurisdiction of the offense specified therein, by the district attorney

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as informant; he shall subscribe his name thereto and indorse thereon the names of the witnesses known to him at the time of filing the same; and at such time before the trial of any case as the court may by rule or otherwise prescribe, he shall indorse thereon the names of such other witnesses as shall then be known to him.

SEC. 3. The offense charged in all informations, shall be stated with the same fullness and precision in matters of substance, as is required in indictments in like cases, and in all cases defendant or defendants shall have the same rights as to proceedings therein, as he or they would have if prosecuted for the same offense upon indictment. SEC. 4.

That the provisions of the criininal code in relation to indictments, and all other provisions of law applying to prosecutions upon indictments, to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials and punishments, or the execution of any septence, and to all other proceedings in cases of indictinent, whether in the court of original or appellate jurisdiction, shall in the same inanner and to the same extent, as near as may be, apply to informations and all prosecutions and proceedings thereon.

Sec. 5. Any person who may according to law be committed to jail, or become recognized or held to bail with sureties for his appearance in court to answer to any indictment may, in like manner, so be comınitted to jail or become recognized and held to bail for his appearance to answer to any information or indictment, as the case may be.

Sec. 6. It shall be the duty of the district attorney to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination as provided by law, touching the commission of any offense wherein the offender shall be committed to jail or become recognized or held to bail, and if the district attorney shall determine in any such case that an information ought not to be filed, he shall make, subscribe and file with the clerk of the court a statement in writing containing his reasons, in fact and in law, for not filing an information in such case, and that such statement shall be filed at and during the term of court at which the offender shall be held for his appearance: Provided, That in such case such court may examine said statement, together with the evidence filed in the case; and if, upon such examination, the court shall not be satisfied with said statement, the district attorney shall be directed by the court to file the proper information and bring the case to trial.

Grand juries shall not hereafter be drawn, summoned or required to attend at the sittings of any court within the State, as provided by law, unless the judge thereof shall so direct by writing, under his hand, and file with the clerk of said court.

Sec. 8. No information shall be filed against auy person for any offense until such person shall have had a preliminary examination there. for, as provided by law, before a justice of the peace, or other examining magistrate or officer, innless such person shall waive his right to such examination: Provided, however, That information may be filed without such examination against fugitives from justice, and any fugitive from justice against whom an information shall be filed may be demanded by the Governor of this State of the executive authority of any other State or Territory, or of any foreign government, in the same manner, and the

SEC. 7.

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