his actual expenses while necessarily engaged in the performance of his duties as prescribed in this Act. Each of the said commissioners shall make an itemized bill of his expenses and verify the same under oath, Provided, That the total expenses of all commissioners created in this Act shall not exceed the sum of six thousand dollars in the aggregate, for all expenses incurred by said commissioners in carrying out the provisions of this Act. SEC. 13. All moneys authorized to be expended under the provisions of this Act shall be paid out of the fund hereinafter provided for by the State Treasurer, Provided, That before the State Auditor shall draw his warrant, all claims against said commission for labor performed, or mateterials furnished, shall be audited and allowed by the said commission, and shall be certified up to the State Auditor by the president and secretary of said commission, Provided further, That before the president and secretary of said commission shall certify any claim to the Auditor, said claim or claims must be authorized by a vote of a majority of said commission at a regular meeting of said commission. All bills presented to the commission shall be verified by the oath of the person presenting the same. SEC. 14. On letting contracts under the provisions of this Act, the time for the completion for the work contracted for, shall in no case be extended for more than one year from the time of letting such contract. SEC. 15. No moneys shall be paid out, or claims certified to by the president or secretary of the said commission, or warrants drawn by the Auditor, upon any contract, until the said contract has been finished and accepted by the commission. Provided, however, That in case the contract price of any section exceeds the sum of two thousand dollars, the commission may make partial payments from time to time, not exceeding two-thirds of the value of the labor actually performed. SEC. 16. That for the purpose of furnishing the money to be used in building said road and paying the other expenses incurred by virtue of the provisions of this Act a loan of one hundred and thirty-five thousand dollars is hereby authorized to be negotiated on the faith and credit of the State, and the Treasurer of the State is hereby authorized, empowered and directed to issue bonds of the State in the sum of one thousand dollars each, payable in twenty years from the date of their issuance, to bear interest at the rate of five per centum per annum, payable semiannually on the first day of January and July each year, at a bank in the city, county and State of New York, to be selected by the State Treasurer but said bonds shall be redeemable at the pleasure of the State at any time after the expiration of ten years from the date of their issuance, and shall be numbered from one to one hundred and thirty-five consecutively. The Treasurer of the State is hereby directed, authorized and empowered, to cause to be printed or lithographed suitable bonds in proper form with coupons attached: all such bonds shall be signed by the Secretary of the State with his own proper name, affixing his official character, and shall be authenticated with the great seal of the State and shall be signed or endorsed by the Governor of the State with his proper name and affixing his official character, and shall then be delivered by the Secretary of the State to the Auditor of the State, who shall make and keep a register of such bonds, showing the number and amount of each bond, and then deliver the same to the Treasurer of the State, and charge him on the official books of the Auditor's office with the full amount of such bonds. Provided, That such bonds shall be issued and sold from time to time as the work progresses and money is needed in payment of the several contracts herein provided for and other expenses incident to the construction of said road. SEC. 17. At the time of issuing said bonds under the provisions of this Act, the State Treasurer shall sign them with his own proper name, affix ing his official character, and shall in like manner sign the coupons thereunto attached, and such signing shall bind the State. The coupons for the payment of interest shall be attached to said bonds in such manner that they may be taken off without injuring or mutilating the bonds, and shall be severally numbered from one to forty, inclusive, each bearing the corresponding number of the bond to which they are attached. The Treasurer shall keep a register of all the bonds issued by him, showing the date of issuance, and shall deliver said bonds with the coupons attached as aforesaid, to the purchaser or purchasers upon the receipt of the purchase money therefor; and the money received from the sale of the bonds herein provided for shall be used in the construction of said wagon road and the other expenses provided for in this Act, and shall be paid out as herein provided; Provided, however, That none of such bonds shall be sold for less than their face or par value. The expenses of printing or lithographing and procuring suitable bonds with coupons attached, shall be paid out of the fund arising from the sale of the same, as an expense incident to the construction of said road. SEC. 18. For the purpose of creating a fund to pay the interest coupons, and the principal of said bonds, in addition to the taxes now imposed by law, an additional ad valorem tax of three cents upon each one hundred dollars of the assessed value of all property in this State not exempt from taxation, is hereby levied, and shall be collected as are other taxes for State purposes. All moneys received by the State Treasurer as the proceeds of the tax hereby levied shall be set apart by him, and shall constitute a separate and distinct fund to be known as the road fund. And the State Treasurer shall pay the interest on said bonds when due out of said road fund, taking the coupons as his vouchers therefor. And after the expiration of ten years from the issuance of any of said bonds, whenever there shall be five thousand dollars or more in the said road fund, over and above the amount required for the payment of interest coupons due, or to become due within the ensuing six months, the State Treasurer shall use such surplus money in the redemption of said bonds in the order of their number and date of issue, of which the Treasurer shall give notice by publication once a week for four successive weeks in some newspaper published at the State Capital, and from the date of the last publication of such notice, the bonds proposed to be redeemed shall cease to draw interest; and if any such bonds shall not be presented within sixty days from the date of the last publication of such notice, the Treasurer shall apply the money for the redemption of bonds next in number of the number and date of their issue. SEC. 19. If at any time there shall not be sufficient moneys in said road fund to pay the interest coupons or the principal of such bonds when due the State Treasurer shall pay the same out of the general fund of the State, and shall replace the amount so paid out for the road fund whenever moneys intended for said fund shall be received. SEC. 20. If at any time before the end of eight years after the issuance of said bonds there shall be in said road fund the sum of twenty-five hundred dollars or more, over and above the interest coupons due or to become due within six months next ensuing, the Treasurer shall transfer from the said road fund to the general fund of the State said amount, and make the proper entries of said transfer in his books, and thereafter said amount shall constitute a part of said general fund, Provided, however, That should at any time afterward there not be sufficient money in said road fund to pay the interest coupons on the bonds herein authorized to be issued, said Treasurer shall replace in the road fund so much of the money transferred to the general fund as may be necessary to pay said coupons. Provided, however, That at the expiration of ten years from the issuing of said bonds, the said Treasurer shall replace in the said road fund of all such moneys transferred to the general fund. SEC. 21. For the payment of the bonds herein authorized and the interest thereon, according to the strict terms thereof, the faith of the State of Idaho is solemnly pledged; and for the payment of the interest as the same shall accrue on the bonds hereby authorized in lawful money of the United States, the Treasurer shall reserve any and sufficient of the funds in his hands at the least possible cost, in preference to all other claims whatsoever, except the interest on other State bonds heretofore issued under laws passed by the Legislature Assembly of Idaho. SEC. 22. The Treasurer shall commence negotiations for the issuance and sale of the bonds herein provided for, immediately upon the passage of this Act. SEC. 23. Upon the completion of said roads and the acceptance by the Governor, the commission herein created shall no longer exist. SEC. 24. The roads herein provided for may at all times be used in accordance with the general laws of this State by the United States, or by any of the residents or citizens thereof, free of charge or toll of any kind. SEC. 25. After the completion and acceptance of said road the boards of county commissioners of the respective counties wherein the same is situated shall cause the portions thereof within their respective counties to be maintained and repaired as are other public roads within their respective counties. Provided, however, That nothing contained herein shall be construed as waiving any right the State may have in or to said roads, or any right to legislate in the future as to said roads. SEC. 26. All warrants drawn upon the road fund hereby created shall draw interest at the same rate as warrants drawn upon the general fund of the State treasury. SEC. 27. After the completion and acceptance of the roads hereinbefore provided for, and the payment of all amounts due on account of constructing the same, and of all warrants drawn upon said road fund, the said fund shall cease to exist and all moneys remaining in said fund shall by the State Treasurer be transferred to the general fund of the State and thereafter constitute a part of said general fund. SEC. 28. When the commission herein created shall notify the Governor that said roads are completed, then the Governor shall appoint an examining board consisting of three men of experience and integrity who shall be men who have not previously been connected with the roads, at least one of whom shall be a civil engineer of recognized ability and practical skill, which board shall be furnished with a copy of all contracts let on said roads and the necessary field notes of the same and shall proceed to make a careful personal examination of said roads. The examining board shall report all necessary facts to the Governor, and shall state under oath whether said roads have been constructed in exact accordance with the terms of said contracts, and the provisions of this Act, and shall recommend their acceptance or rejection, giving the reasons in detail for the conclusions arrived at and no contractor shall be released on his bond until the road be accepted by the Governor upon the recommendation of the said examining board, which examination shall be made within a reasonable time after notice by the said commission that the roads are completed. The members of the said examining board shall be paid such compensation as the Governor may direct, Provided however That the total amount of such expense shall not exceed the sum of fifteen hundred dollars. Whereas an emergency exists therefor this Act shall be in force and take effect from and after its passage. SEC. 29. Approved on the 10th day of February, 1899. H. B. NO. 83. AN ACT TO REPEAL AN ACT ENTITLED, "AN ACT CREATING THE OFFICE OF BOILER INSPECTOR FOR THE STATE OF IDAHO AND DEFINING HIS DUTIES, POWERS AND LIABILITIES, AND FIXING HIS SALARY AND MILEAGE, AND PROVIDING FOR THE EXAMINATION AND LICENSING OF ENGINEERS, AND PRESCRIBING THE DUTIES AND LIABILITIES THEREOF," APPROVED FEBRUARY 23RD, 1893. Be it enacted by the Legislature of the State of Idaho: SECTION 1. That an act entitled, "An act creating the office of Boiler Inspector for the State of Idaho and defining his duties, powers and liabilities, and fixing his salary and mileage, and providing for the examination and licensing of engineers, and prescribing the duties and liabilities thereof," approved February 23rd, 1893, is hereby repealed. SEC. 2. An emergency existing, therefore this Act shall be in force from and after its passage. Approved on the 9th day of February, 1899. H. B. NO. 84. AN ACT REGULATING THE FEES AND MILEAGE OF JURORS IN INFERIOR COURTS; AMENDING SECTION 6138 OF THE REVISED STATUTES OF IDAHO. Be it enacted by the Legislature of the State of Idaho: SECTION 1. That section 6138 of the Revised Statutes of Idaho be amended to read as follows: one way. Section 6138. Jurors in civil and criminal cases in the probate and justices courts are entitled to receive two dollars per day for each day actually engaged in the trial of a case. And twenty-five cents per mile, Such mileage and per diem in all civil cases must be entered and taxed up as costs against the losing party, and in all criminal cases, must be paid out of the county treasury of the county where such probate or justice court is held, upon the certificate of the probate judge or justice before whom such case was tried, to be audited and paid as other claims against the county. SEC. 2. 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. 85. AN ACT PROVIDING FOR THE PAYMENT OF CERTAIN EXPENSES OF JUDGES OF THE DISTRICT COURTS IN HOLDING TERMS OF THE SAID COURTS IN COUNTIES OTHER THAN THE ONE IN WHICH THEY RESIDE; AND OF JUSTICES OF THE SUPREME COURT IN HOLDING THE LEWISTON TERM OF SAID CCURT; AMENDING SECTION 6147 OF THE REVISED STATUTES OF IDAHO, AND ADDING SECTION 6151 THERETO. Be it enacted by the Legislature of the State of Idaho: SECTION 1. That section 6147 of the Revised Statutes of Idaho, be and is hereby amended to read as follows: Section 6147. There must be paid to each of the judges of the district courts, out of the State treasury, for each term of a district court held by him for the trial and disposition of causes and the transaction of business under the laws of the State, in other counties than that in which he resides, his actual expenses, not exceeding one hundred dollars for traveling and holding each term. SEC. 2. That the Revised Statutes of the State of Idaho be amended by adding a section to chapter five, title four thereof, which shall read as follows: Section 6151. There must be paid to each of the Justices of the Supreme Court, out of the State treasury, for each term of the Supreme Court held at the City of Lewiston, his actual expenses not exceeding two hundred dollars. SEC. 3. An emergency existing therefor this Act shall be in force from and after its approval. Approved on the 9th day of February, 1899. H. B. NO. 86. AN ACT CREATING SPECIAL LIENS, DEPENDENT UPON POSSESSION; AND FOR FORECLOSING THE SAME. Be it enacted by the Legislature of the State of Idaho: amended so as to read as follows: Section 3445. Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor, or skill, employed for the protection, improvement, safe keeping, or carriage thereof, has a special lien thereon, dependent on possession, for the compensation if any which is due him from the owner, for such service, and livery or boarding or feed stable proprietors and persons pasturing live stock of any kind have a lien dependent on possession for their compensation in caring for, boarding, feeding or pasturing such live stock. If the liens as herein provided are not paid within sixty days after the work is done, service rendered feed or pasturing supplied the person in whose favor such special lien is created may proceed to sell the property at public auction after giving ten days' public notice of the sale by advertising in some newspaper published in the county, where such property is situated, or if there be no newspaper published in the county then by posting notices of the sale in three of the most public places in the county, for ten days pre |