tice of the decision of the court or referee, file with the clerk, and serve upon the adverse party or his attorney a copy of a memorandum of the items of his costs and necessary disbursements in the action or proceeding, which memorandum must be verified by the oath of the party or his attorney or agent, or by the clerk of his attorney, stating that to the best of his knowledge and belief, the items are correct and that the disbursements have been necessarily incurred in the action or proceeding. A party dissatisfied with the costs claimed, may within five days after the service upon him of the copy of the memorandum, filed and served upon the adverse party or his attorney a notice of a motion to have the same taxed by the court in which the judgment was rendered, or by the judge thereof at chambers. SEC. 2. An emergency existing therefor, this Act shall take effect and be in force from and after its passage. Approved on the 14th day of February, 1899. AUTHORIZING H. B. NO. 108. AN ACT DIVORCES TO BE GRANTED IN CASES OF INSANITY, AND REGULATING THE Be it enacted by the Legislature of the State of Idaho: SECTION I. That in addition to the causes for divorce mentioned in section 2457 of the Revised Statutes of this State, a divorce may be granted when either husband or wife has become permanently insane. Provided, That no divorce shall be granted under the provisions of this Act, unless such insane person shall have been duly and regularly confined in the insane asylum of this State, for at least six years next preceding the commencement of the action for divorce; nor, unless it shall appear to the court that such insanity is permanent and incurable. And Provided further, That no action shall be maintained under the provisions of this Act, unless the plaintiff shall be an actual resident of this State and shall have resided therein for six years next preceding the commencement of such action. SEC. 2. The district courts of the several judicial districts of this State shall have jurisdiction of actions for divorce under the provisions of this Act; and such action shall be brought in the county of this State in which the plaintiff resides. And the court in which such action is about to be commenced shall, upon the filing by the plaintiff of a petition duly verified showing that a cause of action exists under this Act, appoint some person to act as guardian of such insane person in such action, and the summons and complaint in such action shall be served upon the defendant by delivering a copy of such summons and complaint to such guardian and by delivering a copy thereof to the county attorney of the district in which such action is brought. SEC. 3. It shall be the duty of the county attorney upon whom the summons and complaint in such action shall be served, to appear for such defendant in such action and defend the same, and no divorce shall be granted under the provisions of this Act except in the presence of the county attorney. SEC. 4. In any action brought under the provisions of this Act the said courts and the judges thereof shall possess all the powers relative to the payment of alimony, the distribution of property and the care and custody of children of the parties that such courts now have, or may hereafter have in other actions for divorce. SEC. 5. All the costs of the court in such action, as well as the actual expenses of the county attorney therein, together with the expenses and fees of the guardian therein, shall be paid by the plaintiff; such expenses of the county attorney and the expenses and fees of the guardian shall be fixed and allowed by the court, and the court, or the judge thereof, may make such order as to the payment of such fees and expenses as to the court, or judge, may seem proper. SEC. 6. 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 14th day of February, 1899. H. B. NO. 109. AN ACT FIXING THE TIME FOR COUNTY AUDITORS AND TREASURERS TO MAKE QUARTERLY STATEMENT AND FOR PUBLISHING THE SAME, AMENDING SECTION 2010 OF THE REVISED STATUTES OF IDAHO. Be it enacted by the Legislature of the State of Idaho: SECTION I. That section 2010 of the Revised Statutes of the State of Idaho be amended to read as follows: The auditor and treasurer of each county must, on the second Monday in January, April, July, and October, make a joint statement to the board of commissioners, showing the whole amount of collections (stating particularly the source of each portion of the revenue) from all sources paid into the county treasury, the funds among which the same was distributed, and the amount to each; the total amount of warrants drawn and paid, and on what fund; the total amount of warrants drawn and unpaid, and accounts or claims audited, or allowed and unpaid, and the fund out of which they are to be paid, and generally make a full and specific showing of the financial condition of the county; and said auditor and treasurer shall cause to be published a summary of said statements in some newspaper published in the county. SEC. 2. An emergency existing therefor this Act shall take effect and be in force from and after its passage. Approved on the 14th day of February, 1899. H. B. NO. 110. AN ACT TO PROVIDE FOR AN ORDER DISCHARGING THE LIEN OF WRITS OF ATTACHMENT AND EXECUTION, AND FILING OF THE SAME. Be it enacted by the Legislature of the State of Idaho: SECTION 1. Whenever in any action, real estate has been levied upon under writs, either of attachment or execution, and the lien of the writ has in any manner been lost or destroyed, the court out of which the writ issued or the judge thereof, may on application by any person interested make an order discharging said lien and the order or a certified copy thereof may be filed in the office of the county recorder in which the notice of the levy has been filed, and indexed in like manner as said notice. SEC. 2. An emergency existing therefor this Act shall take effect and be in force from and after its passage. Approved on the 14th day of February, 1899. H. B. NO. 111. AN ACT SECTION 350 OF THE REVISED STAT PRESCRIBING THE FORM OF OFFICIAL OATH, AMENDING UTES OF IDAHO. Be it enacted by the Legislature of the State of Idaho: SECTION 1. That section 350 of the Revised Statutes of the State of Idaho be amended so as to read as follows: Section 350. Before any officer elected or appointed to fill any office, created by the laws of the State of Idaho, enters upon the duties of his office, he must take and subscribe an oath, to be known as the "official oath," which is as follows: I do solemnly swear (or affirin) that I will support the Constitution of the United States, and the Constitution and the laws of this State; that I will faithfully discharge all the duties of the office of ing to the best of my ability. So help me God. SEC. 2. accord An emergency existing therefor, this Act shall take effect and be in force from and after its passage. Approved on the 14th day of February, 1899. TO BETTER DEFINE AND TO H. B. NO. 112. AN ACT LOCATE THE BOUNDARY LINE Be it enacted by the Legislature of the State of Idaho: BETWEEN ELMORE AND ADA SECTION I. To better define and locate the boundary line as established and described in section two hundred, seventy-nine (279) of the special and local laws of the State of Idaho: The boundary line between the counties of Elmore and Ada is hereby declared to be: Beginning at a point in the center of the channel of Boise river opposite the mouth of Moore's creek, extending in a straight line in a southwesterly direction to a point in the middle of the channel of Snake river opposite the mouth of Bruneau river. SEC. 2. The county commissioners of the counties of Elmore and Ada at their regular meeting in April, 1895, shall direct the county surveyors of their respective counties acting jointly to survey said line and to locate the same by the erection of proper monuments along said line, said monuments to consist of mounds of rocks five (5) feet square at the base, and three (3) feet high at intervals of not less two miles, nor more than two and one-half (22) miles apart. SEC. 3. Such location and survey shall be completed and proof of the performance thereof shall be forwarded by the parties making such survey to the chairman of the boards of county commissioners of Elmore and Ada Counties respectively before the first day of July 1895. SEC. 4. The expenses incurred in such survey and determination shall be borne equally by the said counties of Elmore and Ada. SEC. 5. Should either Elmore and Ada counties fail, neglect or refuse to assist in making the survey provided for in sec. (2) two of this Act, then the other county is hereby empowered to make such survey independently, and the county making such survey independently shall be entitled to recover one-half (1⁄2) the amount of expenses incurred in such independent survey, from the county so failing, neglecting, or refusing in any court. of competent jurisdiction. SEC. 6. All acts and parts of acts in conflict with this Act are hereby repealed. SEC. 7. Whereas, an emergency exists, this Act shall take effect and be in force from and after its approval. Approved on the 14th day of February, 1899. H. B. NO. 113. AN ACT TO PROVIDE A FORM FOR UNDERTAKINGS, IN CIVIL AND CRIMINAL ACTIONS. Be it enacted by the Legislature of the State of Idaho: SECTION 1. That whenever a party to any action or proceeding desires to give an undertaking provided to be given by law, it shall be sufficient if the sureties sign an undertaking indicating that they are thereby bound to the obligations of the statute requiring the undertaking to be given. SEC. 2. That such undertaking may be in form as follows: Whereas, the what).... (Title of Court.) desires to give an undertaking for (state .. now therefore, we the undersigned sureties, do hereby obligate ourselves jointly and severally, to ..... . (name who) under said statutory obligations in the sum of dollars. SEC. 3. ..... That the sureties so signing such undertaking are bound to the full statutory obligations of the statute requiring the undertaking. SEC. 4. An emergency existing therefor, this Act shall take effect and be in force from and after its passage. Approved on the 14th day of February, 1899. H. B. NO. 114. AN ACT TO PROVIDE FOR MAKING SHERIFF'S DEEDS WHERE THE SHERIFF MAKING THE SALE IS NO LONGER IN OFFICE. Be it enacted by the Legislature of the State of Idaho: SECTION I. When the sheriff who has sold any real estate shall die, resign, be removed from office, or his term of office expire, and, before executing any good and sufficient deed for such real estate, such deed may be executed by the successor in office of such sheriff with the same effect to all intents and purposes as if made by the sheriff making the sale. SEC. 2. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage. Approved on the 14th day of February, 1899. H. B. NO. 115. CEDING TO THE GOVERNMENT OF THE UNITED STATES JURISDICTION OVER CERTAIN LANDS. Be it enacted by the Legislature of the State of Idaho: SECTION I. That consent is given to any purchase already made, or that may hereafter be made, by the government of the United States, of any lots, or tracts of land, within this State for the use of such government, and to erect thereon and use such buildings, or other improvements, as may be deemed necessary by said government; and that over such lands and the buildings, or improvements, that are, or may be, erected thereon the said government shall have entire control and jurisdiction, except that the State shall have jurisdiction to execute thereon all process, civil or criminal, lawfully issued by the courts of this State and not incompatible with this cession. SEC. 2. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage. Approved on the 14th day of February, 1899. H. B. NO. 116. AN ACT PROVIDING FOR THE INCORPORATION OF CHURCHES AND RELIGIOUS SOCIETIES. Be it enacted by the Legislature of the State of Idaho: SECTION I. Incorporations may be formed for acquiring, holding and disposing of church or religious society property, for the benefit of religion, for works of charity and for public worship, in the manner hereinafter provided in this Act. SEC. 2. That any person being a bishop, overseer, presiding elder or clergy of any church or religious society who shall have been duly chosen, elected or appointed, in conformity with the constitution, canons, rites, regulations or discipline of said church or religious society, and in whom shall be vested the legal title to the property of such church or religious society, may make and subscribe written articles of incorporation in duplicate and acknowledge the same before some officer authorized to take acknowledgements and file one of such articles in the office of the Secretary of State and retain possession of the other. SEC. 3. The articles of incorporation shall specify: FIRST. The name assumed by the corporation and by which it shall be known; SECOND. The object of said corporation; THIRD. The estimated value of the property at the time of making the articles of incorporation; FOURTH. The title of the person making such articles. SEC. 4. Upon making and filing for record articles of incorporation as herein provided, the person subscribing the same, and his successor in office, by the name or title specified in the articles, shall hereafter be deemed, and is hereby created, a body politic and a corporation sole, with continual perpetual succession, and shall have power to acquire and possess by donation, gift or purchase, and to retain and enjoy property, real, personal and mixed, and the same to sell, grant, convey or rent or otherwise dispose of it at pleasure. SEC. 5. Such corporations shall have the power to contract and to be contracted with, to sue and be sued, plead and be pleaded in all courts of justice, and to have and use a common seal by which all deeds and acts of such corporation shall pass and be authenticated. SEC. 6. All deeds and other instruments of writing shall be signed by the person, representing the corporation, in the official capacity designated in the articles of incorporation, and sealed with the seal of the corporation, and impression of which seal shall be filed in the office of the Secretary of State. SEC. 7. The articles of incorporation, or a certified copy of the one |