vious to such sale. The proceeds of the sale must be applied to the discharge of the lien and costs; the remainder if any must be paid over to the

owner.

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. 87.

AN ACT

DEFINING OBSTRUCTIONS TO RAILROADS, RAILROAD TRAINS, RAILROAD TRACKS, STREET CARS, AND STREET CAR TRACKS, AND PRESCRIBING THE PUNISHMENT FOR OBSTRUCTING THE SAME; AND PROVIDING FOR THE PROTECTION OF PASSENGERS AND EMPLOYEES RIDING UPON ANY TRAIN OR CAR IN THE STATE OF IDAHO.

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

SECTION I. Any person or persons who shall willfully or maliciously place any obstruction on any railroad track or roadbed, or street car track in this State, or who shall loosen, tear up, remove or misplace any rail, switch, frog, guard rail, cattle guard, or any part of such railroad track or roadbed or street car track or who shall tamper with or molest any such road, roadbed or track, or who shall destroy or damage any locomotive, motor or car on said track, or who shall otherwise interfere with the maintenance or operation of such road so as to endanger the safety of any train, car, motor or engine, or so as to endanger or injure any passenger or person riding thereon, or being about the same, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for any term not exceeding twenty years nor less than five years.

SEC. 2. Any person or persons who shall within this State willfully or maliciously place any obstruction upon any railroad track or roadbed or street car track, or shall misplace, remove, obstruct, detach, damage or destroy any rail, switch, frog, guard rail, cattle guard, or any other part of such railroad track or roadbed or street car track, or who shall otherwise interfere with the maintenance and operation of such road, thereby causing the death of any person, whether passenger or employee of such railroad, or street railway, or otherwise, shall, upon conviction thereof, be deemed guilty of a felony and be punished by imprisonment in the penitentiary for a term not less than five years and which may extend to the natural life of such person so found guilty, or may be tried and punished for murder but this section shall not in any way lessen the liability of the railroad company where a wreck may hereafter occur in the State of Idaho.

SEC. 3.

Whereas an emergency is declared to exist, this Act shall take effect and be in force from and after its approval by the Governor. Approved on the 9th day of February, 1899.

H. B. NO. 88.

AN ACT

TO PROTECT COMMON CARRIERS.

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

SECTION I. It shall be unlawful for any person by himself or another, without the written order or consent of such common carrier to make, simulate, sell or dispose of any key belonging to or which might be used to open or unlock any switch-lock, car-lock, or locks, used upon

or belonging to any switch or car of any kind owned, controlled or operated by any common carrier in this State.

SEC. 2. Any persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than three hundred dollars or by imprisonment in the county jail not less than thirty days nor more than six months.

SEC. 3. Whereas an emergency is declared to exist this Act shall take effect and be in force from and after its approval by the Governor. Approved on the 9th day of February, 1899.

H. B. NO. 89.

AN ACT

PROVIDING THAT THE STATE AND COUNTY PRINTING AND BINDING AND STATIONERY WORK OF THE SEVERAL COUNTIES THROUGHOUT THE STATE, SHALL BE EXECUTED WITHIN THE STATE.

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

SECTION I All printing, binding and stationery work executed for or on behalf of the State, and for which the State contracts or becomes in any way responsible for, shall be executed within the State of Idaho, except as provided in section 3.

SEC. 2. All county printing, binding and stationery work, executed for or on behalf of the several counties throughout the State for which the said counties contract or become in any way responsible, shall be executed within the county for which said work is done, when there are practicable facilities within the said county for executing the same, but when it shall become necessary, from want of proper facilities, to execute the work without the said county, then the same shall be executed at some place within the State of Idaho, except as provided in section 3.

SEC. 3. Whenever it shall be established that any charge for printing, binding, or stationery work is in excess of the charge usually made to private individuals for the same kind and quality of work, then the State or county officer or officers having such work in charge shall have power to have such work done outside of said county or State, but nothing in this Act shall be construed to oblige any of said officers to accept any unsatisfactory work.

SEC. 4. All contracts entered into in violation of the provisions of this Act shall be void.

SEC. 5.

All acts or parts of acts in conflict with the provisions of this Act are hereby repealed.

SEC. 6.

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. 90.

AN ACT

TO REPEAL AN ACT ENTITLED, "AN ACT TO PRESCRIBE THE MODE OF PAYMENT OF ALL OBLIGATIONS OF DEBT TO BE PAID IN MONEY."

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

SECTION I. That an act entitled: "An act to prescribe the mode of payment of all obligations of debt to be paid in money," approved March 1st, 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 91.

AN ACT

PROVIDING FOR THE APPOINTMENT OF SHEEP INSPECTOR; PRESCRIBING HIS DUTIES AND FIXING HIS COMPENSATION.

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

SECTION 1. The office of Sheep Inspector for the State of Idaho is hereby created. It shall be the duty of the Governor, within twenty days from and after the passage of this Act, to appoint some suitable, capable and discreet person and practical sheep grower to fill said office.

The State Sheep Inspector shall receive as full compensation for his services a salary of one hundred ($100.00) dollars per annum, to be paid as the salary and fees of other State officers are paid. He shall have power to examine and quarantine, if necessary, any sheep or bands of sheep at any time or place within the State of Idaho. He shall hold his office for a term of two years, and until his successor is appointed and qualified, unless sooner removed by the Governor. Before entering upou the discharge of his duties as such officer, he shall file an official bond in the sum of five hundred ($500.00) dollars conditioned for the faithful performance of the duties of his office in form and manner as other official bonds of State officers.

SEC. 3. Such State Sheep Inspector shall have power and it shall be his duty to appoint one or more deputy sheep inspectors for each county upon petition of a majority of the sheep growers, or upon the sworn statement of an individual sheep owner of such county, certifying that the provisions of this law are not being complied with. Such deputies shall be practical sheep men, who, before entering upon the duties of their office, shall take an oath as required by county officers, and shall give a bond to the State of Idaho in the penal sum of two thousand ($2000.00) dollars, conditioned for the faithful performance of the duties of deputy sheep inspector, the sureties to be approved by the State Sheep Inspector and to be placed on file in his office. Such deputies shall be subject to removal by the State Sheep Inspector. Such State Sheep Inspector shall have power to divide any such county into districts if petitioned to do so by the majority of the resident sheep owners of said district.

SEC. 4. It shall be the duty of the State Sheep Inspector to have general supervision over his deputies, appointed under the provisions of this Act, and to aid, counsel and advise with such deputies, and generally to enforce the provisions of this Act.

SEC. 5. The deputies appointed under the provisions of this Act shall have power and it shall be his or their duty to administer oaths, and it shall be the duty of at least one deputy inspector, in each county or district thereof where the same may be appointed, the same to be designated by the State Sheep Inspector, to personally examine all sheep and bands of sheep in his county or district thereof, every spring between the first day of March and the first day of June of each year; and to the owners or persons in charge of herds found to be clean, he shall issue a certificate stating such fact which certificate shall permit such herds to pass

into and through any and all counties in this State, so long as they shall remain clean and free from disease; and such deputy also is required to examine any band or bands of sheep at any time that he may be called upon to do so at the request of one or more sheep growers in writing, stating that such sheep are affected or infected with some infectious or contagious disease, and that there is imminent and immediate danger of the spreading of such disease; Provided, That if upon examination such sheep are found to be clean, the person or persons making such complaint shall pay the expense and cost of such examination which may be recovered in a civil action therefor; but, in case such inspector, upon making such examination, finds such sheep diseased, he shall forthwith issue his order, quarantining said sheep.

SEC. 6. Any person, company, association or corporation, within this State, desiring to move his or their sheep which are not sound or are infected or affected by scab or any infectious or contagious disease, shall first obtain from a deputy inspector a traveling permit. Such permit shall only be granted for the purpose of moving said sheep a distance of not to exceed ten miles from the shearing corral, to some place where they shall be dipped, and by such a route as the deputy sheep inspector may designate; and any person, persons, company, corporation or association, injured or damaged by the reason of the moving of said sheep, shall be entitled to recover from the person, persons, company, corporation or association, moving the same, by a civil action, the amount of damage, direct and consequential sustained thereby. And any person or persons violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred ($100.00) dollars, and not more than two hundred and fifty ($250.00) dollars, or by imprisonment in the county jail not less than two months, nor more than six months, or by both such fine and imprisonment. SEC. 7. The deputy sheep inspector appointed in the several counties provided in this Act shall receive four dollars per day for every day, or part of a day, spent in the performance of his duty, to be paid by the owner or owners of the sheep examined, and to be enforced as a lien against the sheep so examined as provided in section eight of this Act.

SEC. 8. Any deputy sheep inspector granting a permit, allowing sheep to travel, without at the time having first examined the sheep, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars.

SEC. 9. Any person or persons owning or having under their control sheep or bands of sheep which have become affected with scab or other infectious or contagious disease, for a period of fifteen days without reporting such fact to the deputy sheep inspector of such county or district thereof where such sheep are situate, in writing, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine of not less than twenty-five ($25.00) dollars, nor more than two hundred ($200.00) dollars, or by imprisonment in the county jail not less than two months, nor more than six months, or by both such fine and imprisonment. And any person, persons, company, corporation or association who shall drive or cause to be driven any sheep into any sheep corral the property of another, situated within the State of Idaho, without having obtained the consent, in writing, of the owner or person having the control or custody

of such sheep corral, shall be guilty of a misdemeanor and shall be punished as above provided in this section. Any person, persons, company or corporation violating any of the provisions of this section, in addition to the penalty herein fixed, shall be liable in a civil action to the person, persons, company or corporation injured thereby, for all damages sustained in consequence of such violation.

SEC. IO. In any action or proceedings, civil or criminal, arising under this Act, any and all persons having any interest in sheep or controlling the same, and concerning which such action or proceeding is had, shall be deemed the owners of said sheep, and shall be liable severally and jointly for such violation of this Act. Any herder or shepherd. or other person in charge of sheep shall be sworn to give every deputy sheep inspector any and all information as to the condition of sheep in his charge, to the best of his knowledge, on being requested so to do by said deputy, and refusing to give the same under oath, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars, or by imprisonment in the county jail for not less than two months, nor more than six months, or by both such fine and imprisonment. In criminal actions against corporations under this Act, no arrest shall be necessary, but a summons containing notice of the time and place of trial, together with a copy of the complaint filed before a justice of the peace, or in the court in which the action is commenced, shall be served in the same manner and for the same length of time as in civil actions. All bucks shipped into the State of Idaho, from other states or territories shall be at the place of unloading for grazing, breeding or other purposes dipped at the nearest dipping place as provided for in section 6 of this Act. All moneys collected by fines and penalties must be appropriated or placed in the school fund of said county where such fine is imposed and collected.

SEC. II. It shall be the duty of each deputy sheep inspector appointed under this Act to keep a book in which he shall record as complete a description as practicable of the marks and brands with which each person in his county marks or brands his sheep, and the owners of sheep shall report in writing to such deputy sheep inspector their marks and brands, for the purpose of aiding such deputy sheep inspector to make up and keep such records; said deputy sheep inspectors are also required to keep a book, in which they shall record the names of all persons prosecuted for violations of this Act, together with a description of the particular offense charged against him, the name of the court in which said prosecution was had, and the result of such prosecution, giving the amount of fines where fines are assessed. And on the first day of January of each year, each deputy sheep inspector appointed under the provisions of this Act shall make a report to the State Sheep Inspector, which report shall contain a true and correct copy of his record as contained in the books required by him to be kept under the provisions of this Act, which report shall be placed on file in the office of the State Sheep Inspector.

SEC. 12. If any person or persons, company or corporation, in driving or herding any sheep, should get into their herd any stray sheep, they shall immediately notify the owner thereof; and if the owner is unknown, he or they shall forthwith notify the deputy sheep inspector of