SEC. 12. Pupils from other States and Territories may be admitted to all the privileges of the said normal school, on presenting letters of recommendation from the Executive or State School Superintendent thereof and the payment of one hundred dollars. Pupils from other States shall not be required to sign the declaration named in the foregoing section.

SEC. 13.

Lectures in chemistry, comparative anatomy, agricultural chemistry, and any other science or any other branch of literature that the board of trustees may direct, may be delivered to those attending such school in such manner and on such conditions as the board of trustees may prescribe.

SEC. 14. The actual and necessary personal expenses incurred by the members of said board of trustees, in carrying out the provisions of this Act, shall be paid on the proper certificate out of any funds, belonging to said normal school in the hands of the treasurer.

SEC. 15. It shall be the duty of the Governor of the State to fill by appointment all vacancies that may, from any cause occur in the said board of trustees.

SEC. 16. The president and secretary of the board of trustees shall on the first day of January of each year, transmit to the Governor of the State, a full report of the doings of the said board of trustees, the progress and condition of the said normal school, together with a full report of the expenditures of the same for the previous year, setting forth each item in full, and the date thereof, and such recommendations as they deem proper for the good of said normal school.

SEC. 17.

The board of trustees in their regulations, and the principal and assistants in their supervision and government of the said school, shall exercise a watchful guardianship over the morals of the pupils at all times during their attendance upon the same, but no religious or sectarian tests shall be applied in the selection of teachers, and none shall be adopted in said school.

SEC. 18. 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. 74.

AN ACT

DEFINING RAPE, AND RAISING THE AGE OF CONSENT, AMENDING SEC. 6765 REVISED STATUTES OF IDAHO, AS AMENDED BY ACT OF JAN. 31, 1893.

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

SECTION I. That section 6765 of the Revised Statutes is hereby

amended to read as follows:

Section 6765. Rape is an act of sexual intercourse accomplished with a female not the wife of the perpetrator, under either of the following circumstances:

FIRST. Where the female is under the age of eighteen years; SECOND. Where she is incapable through lunacy, or any other unsoundness of mind, whether temporary or permanent of giving legal

consent.

THIRD. violence. FOURTH. Where she is prevented from resisting by threats of immediate and great bodily harm, accompanied by apparent power of execution; or

Where she resists, but her resistance is overcome by force or

by any intoxicating narcotic, or anæsthetic substance administered by or with the privity of the accused.

FIFTH. Where she is at the time unconscious of the nature of the act, and this is known to the accused.

SIXTH. Where she submits under a belief that the person committing the act is her husband, and the belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief. SEC. 2. All acts so far as they are inconsistent with the provisions of 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 7th day of February, 1899.

H. B. NO. 75.

AN ACT

DEFINING PUBLIC HIGHWAYS AND PROVIDING HOW THE SAME MAY BE ESTABLISHED; AMENDING SECTION 851 OF THE REVISED STATUTES OF IDAHO, AND AMENDING ARTICLE 6 OF CHAPTER 2 OF TITLE VI OF THE POLITICAL CODE OF IDAHO BY ADDING THERETO SECTIONS 938 AND 939.

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

SECTION 1. That Article 6, of Chapter 2, of Title 6, of the Political Code of Idaho, be amended by adding thereto sections 938, 939, as follows:

Section 938. Public roads may be established without the appointment of viewers, provided the written consent of all the owners of the land to be used for that purpose be first filed with the board of county commissioners, and if it is shown to the satisfaction of the county board that the proposed road is of sufficient public importance to be opened and worked by the public, they shall make an order establishing the same, from which time only, shall it be regarded as a public road.

Section 939. If a survey for the establishment of the road named in the preceding section is necessary, the board, before ordering such survey, may require the party or parties asking for the establishment of such highway to pay, or secure the payment by proper bond, of the expenses of such survey.

SEC. 2. That section eight hundred and fifty-one of the Revised Statutes, be amended so as to read as follows:

Section 851. Roads laid out and recorded as highways, by order of the board of commissioners, and all roads used as such for a period of five years, provided the latter shall have been worked and kept up at the expense of the public or located and recorded by order of the board of commissioners, are highways. Whenever any corporation owning a tollbridge, or a turnpike, plank, or common wagon road is dissolved or discontinues the road or bridge, or has expired by limitation, the bridge or road becomes a highway.

SEC. 3. All acts and parts of acts inconsistent 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 7th day of February, 1899.

H. B. NO. 76.

AN ACT

AUTHORIZING AN OFFICER TO COMMAND ASSISTANCE IN CASE OF RESISTANCE OF PROCESS; AMENDING SECTION 7400 OF THE REVISED STATUTES OF IDAHO,

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

SECTION 1. Section 7400 of the Revised Statutes of Idaho is hereby amended to read as follows:

Section 7400. When a sheriff or other public officer, authorized to execute process, finds, or has reason to apprehend, that resistance will be made to the execution of the process, he may command as many bona fide male citizens residents of his county, as he may think proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting and confining the persons resisting, their aids and abettors.

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. 77.

AN ACT

TO PROVIDE FOR THE INCORPORATION OF INSTITUTIONS OF LEARNING.

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

SECTION I. That any number of persons not less than five, may form a corporation to found, establish and maintain a college, academy, seminary or other institution of learning by executing and filing articles of incorporation in the manner provided by law for private corporations. SEC. 2. The articles of incorporation shall set forth:

FIRST.

The name of the corporation;

SECOND. The purposes for which it is formed;

THIRD. The place where the institution is to be located;

FOURTH.-The number of its directors or trustees, and the names and addresses of those who are first appointed.

SEC. 3.

The number of directors or trustees shall not be less than five, nor more than eighteen, a majority of whom shall be residents of the State of Idaho.

SEC. 4. When the articles of incorporation are filed as provided in section 1, the Secretary of State shall issue a certificate over the great seal of the State, stating that a copy of the articles of incorporation has been filed in his office containing the necessary statement of facts.

SEC. 5. The articles of incorporation may be altered or amended in any particular except as to the purposes for which the corporation is formed, and such alteration or amendment shall have effect from and after the time of filing a certificate of the same, executed by at least twothirds of the directors or trustees, in the same manner as the original articles are filed. When such alteration or amendment changes the name, the Secretary of State shall issue a certificate stating the fact.

SEC. 6. Such corporation shall have power of perpetual succession, and in addition to the powers granted by law to other private corporations, shall have power to take by purchase, gift, grant, devise or bequest, and to hold the same for the use of such corporation, any real or personal property whatsoever, and to sell, convey, mortgage or otherwise use the same as may be considered most conducive to the interests of such institution; but no such corporation must own or hold more real

estate than may be necessary for the business and objects of the corporation, and such corporation shall have no power to divert any gift, grant, bequest or devise from the specific purpose designated by the donor.

SEC. 7. Such corporation shall by its by-laws provide for the election of directors or trustees, in such manner, at such times and places, for such periods and from such persons as may be considered most conducive to its interests: Provided, A majority of such directors or trustees shall be bona fide residents of the State of Idaho.

SEC. 8. The directors shall have the control of the affairs and property of the corporation, and may appoint and fix salaries of president, principal and professors, tutors, and other teachers, and such other officers and agents as they may deem necessary, and remove them at pleasure; and may prescribe the course of study and the discipline to be observed in the institution, or any department thereof, and may grant such literary honors and degrees as are usually granted by like institutions, and give suitable diplomas in testimony thereof.

SEC. 9.

No religious test whatever shall be required of any applicant for admission into any institution of learning existing under the provisions of this Act.

SEC. 10. No corporation whose purpose is private gain shall ever be incorporated or continued in existence by virtue of the provisions of this Act.

SEC. II.

An emergency existing therefor, this Act shall take effect.

and be in force from and after the time of its passage.

Approved on the 7th day of February, 1899.

H. B. NO 78.

AN ACT

TO ATTACH THE COUNTY OF CANYON TO AND MAKE IT A PART OF THE THIRD JUDICIAL DISTRICT OF THE STATE OF IDAHO, AND PROVIDING FOR THE TRANSFER OF CIVIL AND CRIMINAL CASES FROM ADA COUNTY TO CANYON COUNTY IN SUCH DISTRICT.

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

SECTION I. That the County of Canyon is hereby attached to, and made a part of the third judicial district of Idaho.

SEC. 2.

All causes, matters, or proceedings, now pending in the district court of the third judicial district in and for the County of Ada, wherein the defendant resides within said County of Canyon, or the plaintiff resides in said county and the defendant is a non-resident of the State, and all suits for the foreclosure of any mortgage or lien upon real estate, which real estate is situated in said County of Canyon, and all proceedings in insolvency wherein the petitioner is a resident of the County of Canyon, and all actions in which the subject matter of the controversy is situated in the County of Canyon, shall be transferred to the district court of said district in and for the County of Canyon and there be proceeded with as if originally commenced in said county: Provided, That all cases which have proceeded to judgment in said County of Ada, or executions have been levied by the sheriff of said County of Ada, the same shall be enforced and carried out by the officers of said County of Ada, as fully and completely as though the territory embraced within the borders of said County of Canyon were a part of the County of Ada: and Provided further, That in cases triable in Canyon County

as provided in this section, and property has been attached in such cause, the sheriff of Ada County shall deliver such property to the sheriff of Canyon County, taking his receipt therefor.

yon.

SEC. 3. All prisoners now in custody in Ada County, charged with an offense committed within the present boundaries of Canyon County, shall be delivered to the sheriff of Canyon County by the sheriff of Ada County. And all persons now on bail charged with the commission of an offense within the present boundaries of Canyon County, shall, if indicted therefor, be tried in the said County of CanSEC. 4. It shall be the duty of the clerk of the district court of said third judicial district in and for the County of Ada to deliver to the clerk of the district court in and for the County of Canyon, all papers and files and a transcript of all records affecting causes triable or to be tried within the County of Canyon, as provided for in section two of this Act, for which said clerk of the said district court in and for the County of Ada, shall receive pay as in other cases for like service, which together with all costs due the officers of said Ada County for services rendered in said causes or proceedings shall be paid by the County of Canyon as other claims against the county, and warrants issued therefor shall be of amounts to equal payment in cash.

Whereas an emergency exists, 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. 79.

AN ACT

AUTHORIZING THE CITY OF LEWISTON TO INCUR CERTAIN INDEBTEDNESS;

PROVIDING THE

PURPOSES FOR WHICH IT SHALL BE INCURRED AND FIXING THE LIMIT THEREOF; PROVIDING FOR THE ISSUANCE OF BONDS FOR THE PAYMENT OF SUCH, OR ANY EXISTING INDEBTEDNESS; AMENDING AN ACT ENTITLED "AN ACT TO AMEND THE CHARTER OF LEWISTON, APPROVED FEB. 9, 1881."

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

SECTION I. That section 20 of "An act entitled an act to amend the charter of the city of Lewiston, approved Feb. 9th, 1881, be and is hereby amended to read as follows:

Section 20. The city may borrow money for strictly municipal purposes and may incur indebtedness in other ways for such purposes but it shall not for any purpose become indebted in any manner to an amount exceeding six per cent of the value of all taxable property in the city to be ascertained by the last assessment for city purposes: Provided, That with the assent of three-fifths of the voters of the city voting at an election which may be held for that purpose, the city may become indebted in a larger amount not exceeding six per centum additional for the purpose of supplying the city with water, lights and sewers or works, when the same are to be owned by the city and to evidence and secure any indebtedness existing or to be incurred, the city may by ordinance authorize and provide for the issuance of bonds of the city, therefor with interest coupons attached or otherwise, and pledge the faith, credit and property of the city and its inhabitants for the payment of such bonds, and direct the time and manner of the issuance of the same and the time and manner of the payment of the principal and interest therefor, not exceeding twenty years from the date of