SEC. 2.

Such conveyances being necessary in many instances to enable owners to make a perfect record to title to purchasers, an emergency exists, and this Act shall take effect upon its passage. Approved on the 7th day of February, 1899.

H. B. NO. 63.

AN ACT

ΤΟ FIX THE TIME FOR THE PAYMENT OF THE SALARIES OF ALL STATE AND DISTRICT OFFICERS WHOSE SALARIES ARE PAID OUT OF THE STATE TREASURY.

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

SECTION I. The salaries of all State and district officers, whose salaries are paid from the State treasury, shall be paid quarterly, on the second Monday of January, April, July and October, of each year, out of any money in the treasury not otherwise appropriated.

SEC. 2.

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

Approved on the 7th day of February, 1899.

H. B. NO. 64.

AN ACT

TO ESTABLISH A UNIFORM STANDARD OF WEIGHTS AND MEASURES IN THIS STATE, AND TO PROVIDE FOR A STATE SEALER AND INSPECTOR OF THE SAME.

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

SECTION I. That the standard of weights and measures in this State shall agree exactly with the standard as recognized and furnished by the United States, and shall, for the purpose of security and verification, be kept in the custody of the Secretary of State.

SEC. 2. The Secretary of State shall be ex officio State Sealer of Weights and Measures, and shall have the care and custody of the authorized public standards of weights and measures. He shall try and

prove by such standards all weights and measures, scales and beams which may belong to any county and be sent and brought to him for that purpose by the county sealer, and shall seal such, when found to be accurate, by stamping on them the letter "I" with a seal which he shall have and keep for that purpose.

SEC. 3. The county auditor of each county shall be the sealer of weights and measures for the county, and shall have the care and custody of the county standards. He shall procure at the expense of the county, when not already provided, a full set of weights and measures, scales and beams, which he shall cause to be tried, proved and sealed by the State standards, under the direction of the Secretary of State. SEC. 4. The Secretary of State shall authorize and instruct the county auditor of each and every county in this State in regard to testing and verifying weights and measures within said county, and shall furnish said county auditor with a copy of this Act, and the county auditor shall immediately post in his office due notice of his authority and readiness to act as inspector and sealer of weights and measures, and shall advertise the same in two papers in said county for the month of January in each year: Provided, however, That in counties where no newspapers are published, that notices shall be posted in five public places.

SEC. 5. The several county sealers shall try and prove all weights. and measures, scales and beams within their respective counties twice in

each year, and when the same are found or made to conform to the legal standards, they shall seal and mark such weights and measures with a seal to be kept by them for that purpose.

SEC. 6. The State and county sealers of weights and measures in this State shall charge for testing or sealing any beam or scale the sum of fifty cents, and for each and every weight or measure, ten cents; for sealing and marking liquid and dry measures, if the same be a gallon or more, ten cents; if less than a gallon, five cents. They shall also be entitled to a reasonable compensation for making such weights and measures conform to the standards established by this Act.

SEC. 7. That the expense justly chargeable to any county in this State and incurred in and immediately connected with procuring county standards of weights and measures, and noticing and advertising the same in furtherance of the provisions and intentions of this Act, shall, on presentation of proper and sufficient vouchers to the county commissioners, be accepted and paid by said county.

SEC. 8. That any person in this State who shall, after thirty days subsequent to published notice from the county sealers of weights and measures, as provided in section four of this Act, be found using any false or fraudulent beam, scale, weight or measure, and who shall fail or neglect, on written notice of the same from any person aggrieved, or in any way cognizant thereof, to have said imperfect beam, scale, weight or measure duly inspected, and by proper authority adjusted and sealed, or who shall use the same scale, weight or measure subsequent to said notice without correction or adjustment, as provided in this Act, any person so offending shall be liable to an action in law, and penalty of twenty dollars for each and every offense, to be paid into the county fund. SEC. 9. That the Secretary of State and each and every county sealer of weights and measures in this State shall, before entering upon the performance of any official duties described or implied in this Act, take and subscribe the following oath or affirmation: "I, do swear (or affirm) that I will not seal or give any certificate of correctness for any scale, weight or measure but such as shall as nearly as possible agree with the standard in my keeping, as the standard of the State of Idaho and of the United States, and that I will, to the best of my ability, execute and discharge truly and faithfully the trusts imposed in me. So help me God." Which oath or affirmation shall be filed in the office of the Secretary of State.

SEC. 10. In the sale of fruits, vegetables and all other articles sold by heaped measure, one thousand two hundred and eight-two (1,282) cubic inches shall constitute a half bushel.

SEC. 11. The hundred-weight shall consist of one hundred pounds, and twenty such hundred-weights shall constitute a ton.

SEC. 12. Whenever any of the following articles shall be contracted for or sold or delivered and no special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to wit: Wheat, sixty pounds; clover seed, sixty pounds; rye, or Indian corn, fifty-six pounds; oats, thirty-six pounds; barley, forty-eight pounds; buckwheat, forty-two pounds; dried apples or peaches, twenty-eight pounds; potatoes, sixty pounds; green apples or pears, forty-five pounds; flax, fifty-six pounds.

SEC. 13. Whoever, in buying any of the articles mentioned in the

preceding section, shall take any greater number of pounds thereof to the bushel, or in selling any of said articles, shall give any less number of pounds thereof to the bushel, than is allowed by said section, with intent to gain advantage thereby, except when expressly authorized so to do by special contract or agreement to that effect, shall be liable to the party injured in double the amount of the property so wrongfully taken or not given, and ten dollars in addition thereto, to be recovered in any court of competent jurisdiction.

SEC. 14.

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

Approved on the 9th day of February, 1899.

H. B. NO. 65.

AN ACT

CONCERNING AND PROVIDING FOR THE FUNDING OF THE BONDED AND OTHER INDEBTED NESS OF THE STATE OF IDAHO AT THE DATE OF ADMISSION.

WHEREAS, There is outstanding and will be due December 1st, 1891, bonds issued under the act of January 9, 1877, to the amount of.

And interest thereon.

Also one bond issued under the act of February 2, 1885, due

December 1, 1892, for

And interest thereon for the years 1891 and 1892.

$46,715.06 4,671.51

5,000.00 600.00

-$56,986.57

Making a total of bond indebtedness with interest of.... And, whereas, it is necessary to make provision for the prompt payment thereof; and, whereas, the floating indebtedness of the Territory of Idaho represented partly in warrants and partly in unpaid bills at the date of admission amounted to the sum of seventy-six thousand dollars; and whereas, this amount of indebtedness is still unpaid, and bearing interest at the rate of ten per cent., it is manifestly expedient to fund this amount at as early a date as possible by issuing bonds of the State, bearing six per cent. interest.

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

SECTION I. The State Treasurer, State Auditor and Governor shall be commissioners, who shall perform the duties specified in this Act.

SEC. 2. Said commissioners shall, prior to the first day of May, 1891, prepare a form of bond, with coupons attached, and procure the same to be engraved or lithographed in a suitable manner, to be used in refunding the outstanding bonds and interest thereon that may become due prior to December 1, 1892; also, for funding the indebtedness and warrants of the Territory outstanding at the date of admission as a State, or so much thereof as remains unpaid May 1st, 1891.

SEC. 3. The bonded indebtedness of the Territory to be refunded under this Act being the Territorial bonds falling due on December 1st, 1891, and on December 1st, 1892, amounting to the sum of fifty-one thousand seven hundred and fifteen dollars and six cents, and the interest thereon, being the sum of fifty-two hundred and seventy-one dollars and fifty-one cents. The floating and warrant indebtedness of the Territory to be funded under this Act being the sum of seventy-six thousand dollars, or so much thereof as remains unpaid May 1st, 1891, and interest thereon, two

thousand dollars, a total of one hundred and thirty-four thousand nine hundred and eighty-six dollars and fifty-seven cents.

SEC. 4. Said bonds shall be in amount for one thousand dollars, and for fractional sums thereof, when necessary. The principal thereof shall be payable at the State treasury, in legal currency of the United States, on the first day of December, 1911, or at any time after December 1st, 1900, at the option of the State of Idaho. The interest thereon shall be paid at the same place, in legal currency, at the rate of six per cent. per annum, payable semi-annually, on the first days of June and December in each year, upon the presentation of the proper coupons thereof, which shall have been prepared and attached to said bonds: Provided, That said commissioners may refund said debts at a lower rate if found practicable.

SEC. 5. Said bonds shall be signed by the Governor and bear the great seal of the State, attested by the Secretary of State. Each bond shall, when executed, be registered by the Treasurer in a book, with its number, amount, in whose favor drawn and the date; and the fact and date of registration shall be endorsed by him on such bond.

SEC. 6. The commissioners, prior to [the] first day of July, 1891, are hereby authorized to negotiate and sell for cash, at not less than par, such a number of these bonds as will equal the sum of the floating and warrant indebtedness of the Territory at the date of admission as a State, as stated in section 3 of this Act, or so much thereof as remains unpaid May 1st, 1891. The moneys to be derived from such sale to be paid to the State Treasurer, who shall certify to the State Auditor the amount so received. The Auditor shall make a record of the same in his books, and authorize the State Treasurer to at once apply said moneys toward the payment of an equal amount of Territorial warrants, including interest thereon. The State Treasurer shall, without delay, make calls and payments, in the order of priority, as provided by law, and shall make a proper record in his books of the moneys received and how paid.

SEC. 7. The State Auditor shall, three months prior to the first day of December, 1891, notify each and every holder of the bonds of the Territory now outstanding, and to become due December 1, 1891; and within three months prior to the first day of December, 1892, notify each and every holder of the bonds of the Territory now outstanding and to become due, December 1, 1892, that he will, within the next sixty days, in exchange for the bonds so to become due issue to such bondholder or holders new bonds bearing date the day of their delivery, payable at the State Treasury on the first day of December, 1911, or at any time after December 1, 1900, at the option of the State of Idaho, in legal currency of the United States, with interest, on the first days of June and December in each year, upon presentation and surrender of the proper coupons therefor, which said exchange shall be made dollar for dollar at the time of such exchange.

SEC. 8. It shall be the duty of the State Treasurer to keep a record of each bond issued, showing the date, amount and number, and the name of the person to whom issued, and also a record of each and every bond taken up in exchange, as above provided, showing the number and amount of said bond and the date of such exchange, and deposit duplicates of such records with the State Auditor.

SEC. 9. Upon the presentation and surrender of any bond to become due December 1, 1891, or December 1, 1892, for exchange, as provided

for in this Act, it shall be the duty of the State Treasurer to compute the amount of principal and interest at that time due on said bond and indorse the same on the back thereof; and after he shall have made a record thereof, the Treasurer shall deliver the same to the State Auditor, who shall indorse on the face of said bond the word "cancelled," together with the date of such cancellation, and file the same in his office; and thereupon the State Treasurer shall issue to the person so presenting and surrendering such bond a new bond of equal amount with the bond so surrendered, then due, and shall fill up and sign the coupons, as in this Act provided, and shall, after procuring the signature of the Governor and the the great seal of the State to be affixed thereon by the Secretary of State, cause the same to be recorded in the manner herein before provided, and shall deliver the bond so executed to the persons entitled thereto.

SEC. 10. Two months prior to the time when any of the bonds mentioned in this Act shall have become due, if there shall be any of said bonds still outstanding and not surrendered for exchange, as in this Act provided, it shall be the duty of the commissioners, and they are hereby authorized, to negotiate and sell for cash at not less than par, a sufficient amount of said new bonds, as authorized by this Act, to redeem and pay the principal and interest of such old and outstanding and unexchanged bonds; and he shall pay the proceeds of said sales into the State treasury.

SEC. II. In case the commissioners shall make such sale and negotiations in whole or in part, as in the preceding section provided, the State Auditor shall immediately notify the holder or holders of the outstanding and unsurrendered bonds that the State Treasurer will redeem said bonds at his office at the day when they are due, and that interest thereon will cease on said day.

SEC. 12. Upon presentation to the State Treasurer of any bond or bonds after its maturity, it shall be the duty of the State Treasurer to pay the same, with interest due thereon at the date of maturity; and said bond or bonds shall be cancelled and disposed of in a manner similar to that of bonds surrendered, as herein provided; and the Treasurer shall, from the date of such payment, be chargeable with such bond or bonds to be accounted for by the proceeds of the sale of bonds as herein provided, or in a return to and cancellation of such bond or bonds by the Auditor.

SEC. 13. For the prompt payment of the principal and interest of the bonds issued pursuant to the provisions of this Act, there is hereby annually set apart and appropriated from the general fund of the State treasury an amount sufficient to pay promptly the semi-annual interest as it becomes due.

SEC. 14. For the defraying of all expenses and charges to carry into effect this Act, the sum of two hundred dollars, or so much thereof as may be necessary, is hereby appropriated from the general fund.

SEC. 15.

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

Approved on the 10th day of February, 1899.