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SEC. 14.

Sec. 15

shall be the duty of the council to ascertain the entire amount of the bonds sold, and the interest thereon, to the date of completion, which shall be taken to be the cost of such improvement, and such costs shall then be assessed as shall be provided by law or by ordinance of such city, upon the property fronting or abutting upon such improvement: Provided, Nothing in this Act shall be construed as authorizing the assessment of any such cost on property belonging to the State.

The council shall cause a plat to be made of the street or streets on which any such improvement shall be made, showing the separate lots of ground, and the names of the several owners, and shall inake or cause to be made a list or schedule of the names of all such owners, and the amount assessed against each lot or piece of ground, and shall give two weeks' public notice in two newspapers in the city, and by land bills posted in conspicuous places, on the line of such street or streets, of the time and place where, for the period of twenty days thereafter, the same may be seen for the correction of errors, and after having corrected such errors as may be made known to them, they shall file the same in the office of the city clerk.

Said assessment shall be certified by the mayor of the city and attested by the city clerk and delivered to the county assessor who shall place the same upon the city assessment roll, and said assessment shall be payable at the office of the city tax collector in seven equal installments, with interest at seven per cent. per annum from the date of the assessment upon the unpaid portion thereof, the first of which, with interest on the whole amount at seven per cent, shall be payable at the first annual payment of taxes next succeeding the time said assessment is placed upon the tax roll, and the others annually thereafter, and said assessment shall be collected in the same inanner as other city taxes.

SEC. 16. Said assessinents, with interest accruing thereon, shall be a lien upon the property abutting upon the street or streets on which any such improvement is made from the commencement of the work, and shall remain a lien until fully paid and shall have precedence over all other liens excepting ordinary taxes and shall not be divested by any judicial sale: Provided, That such lien shall be limited to the lots bounding or abutting on such street or streets, and not exceeding in depth therefrom one hundred and fifty feet.

Sec. 17. All moneys received from assessments shall be appropriated to the payment of the interest and redemption or payment of the bonds that shall be issued for said improvements, and if any interest shall become due on any of said bonds, when there is no funds from which to pay the same, the council shall be authorized to make a temporary loan for the payment thereof.

Sec. 18. Any inistake in the description of the property or in the name of the owner shall not vitiate the lien.

Any part or section of any street may be improved under this Act as well as an entire street. Sec. 20.

Whereas there exists an emergency therefor, this Act shall take effect and be in force from and after its passage. SEC. 21.

All acts and parts of acts in conflict with this Act, either special, local or general in nature are hereby repealed.

Approved on the 14th day of February, 1899.

SEC. 19.

H. B. NO, 123

THE PROCEEDINGS OF BOARDS OF COUNTY COMMISSION

AND MANNER OF APPEALS FROM ORDERS OF SUCH
CLERK OF THE BOARD IN SUCH APPEALS; REGULATING

AN ACT
REQUIRING THE PUBLICATION OF

ERS; REGULATING THE TIME
BOARDS; THE DUTIES OF THE
THE COSTS THEREON; AMENDING PARAGRAPH 19 OF SECTION 1759 AND SECTIONS 1776,
1777, 1778 AND 1779 OF THE REVISED STATUTES OF IDAHO, AND REPEALING SECTION

1784 THEREOF.
Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That paragraph 19 of section 1759 and sections 1776, 1777, 1778 and 1779 of the Revised Statutes of the State of Idaho be amended to read as follows:

19. At the adjournment of each session of the board to cause to be published such brief statement as will clearly give notice to the public of all its acts and proceedings, and, semi-annually a statement of the financial condition of the county. Such statement, as well as all other public notices of proceedings of, or to be had before, the board, cot otherwise specially provided for, must be published in some newspaper, printed and published in the county, as will be most likely to give notice thereof; and, when in a weekly paper, it must be published in at least two issues thereof, or in at least five issues when the paper is published oftener than weekly; but when there is no newspaper published in the county, copies of such statement must be kept posted for at least twenty days in three public places in the county, one being in a conspicuous place at the court house door.

Section 1776. At any time within twenty days after the first publication or posting of the statement, as required by paragraph 19 of section 1759, au appeal may be taken from any act, order or proceeding of the board, by any person aggrieved thereby, or, by any taxpayer of the county when any demand is allowed against the county or when he deems any such act, order or proceeding illegal or prejudicial to the public interests; aud no such act, order or proceeding whatever which directly or indirectly renders the county liable for the payment of the sum of three hundred dollars or over, or its equivalent, shall be valid until after the expiration of the time allowed for appeal or until such appeal, if taken, shall be finally determined; but there is excepted from the operation hereof all orders for the payment of those sums specially directed by law to be paid, or payments in fulfillment of acts or proceedings made and confirmed according to the provisions hereof.

Section 1777. Such appeal may be taken to the district court, or the judge thereof, of the judicial district of which the county is a part by serving upon the clerk of the board a notice of appeal so referring to the act, order or proceeding appealed from as to identify it; that upon notice in writing, of such appeal being brought by any person to the attention of such judge, he shall fix the earliest time and a place, convenient to himself, for the hearing of such appeal, which may be heard in a summary manner before him, or his court, and, when in his opinion, no serious injury will result from delay, the hearing shall be had during the next term of his court in the county from which the appeal comes. When the appeal is inade for the purpose of protecting the interests of the county and of the people, no requirement shall be made of the appellant for security of costs, except that when the district judge shall be of opinion that such appeal is not made in good faith, but is for delay and vexation, he may require the appellant to enter into an undertaking with good sureties in an amount sufficient to secure the payment of costs, and in all other cases like undertaking shall be required.

Section 1778. When such appeal is taken the clerk of the board must within five days transmit to such district judge a copy of the notice of appeal, the order, decision or proceeding appealed from, together with the accounts, bills, contracts or papers connected therewith and necessary to a proper hearing thereof; or, when this is not practicable, certified copies thereof and of the record. Section 1779.

Upon the appeal, the matter must be heard anew and the act, order or proceeding so appealed from may be affirmed, reversed or modified; and, from the decision of the district court, or judge, either party may, within five days, appeal to the Supreme Court. Either of said courts, or said judge, may make any rules necessary to a proper and speedy hearing in such appeals.

The costs shall be taxed against the losing party except when the appeal is taken in good faith to protect the interests of the county and the people they shall not be taxed against the appellant; and, if it clearly appears that the order or proceeding appealed from was made fraudulently or in reckless disregard of the interests of the county or people, they may be taxed against those commissioners personally who assented to such order or proceeding.

SEC. 2. Section 1784 of the Revised Statutes of the State of Idaho is repealed.

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.

Sec. 3.

H. B. NO. 124.

AN ACT PROVIDING FOR THE CANCELLATION OF MORTGAGES; AMENDING SECTIONS 3361 AND 3362

OF THE REVISED STATUTES OF IDAHO. Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That section 3361 of the Revised Statutes of Idaho be amended so as to read as follows:

Section 3361. A recorded mortgage or chattel mortgage filed as provided by law, may be discharged by an entry in the margin of the record thereof, signed by the mortgagee, or his personal representative or assignee, acknowledging the satisfaction of the mortgage in the presence of the recorder, who must certify the acknowledgment in form substantially as follows:

"Signed and acknowledged before me this.... ..day of... in the year of......

A. B., Recorder. SEC. 2. That section 3362 of the Revised Statutes of the State of Idaho be amended so as to read as follows:

Section 3362. A recorded mortgage or chattel mortgage filed as provided by law, if not discharged as provided in the preceding section, must be discharged upon the record by the officer having custody thereof, on the presentation to him of a certificate signed by the mortgagee, his personal representative or assigns, acknowledged or proved and certified

SEC. 3.

as prescribed by the cliapter on “Recording Transfers'' stating that the mortgage has been paid, satisfied or discharged.

Allacts and parts of acts in conflict with this Act are hereby repealed.

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

Approved on the 14th aay of February, 1899.

Sec. 4.

H. B. NO. 126.

IN

CONDITIONING UNDERTAKINGS

LISHING OF NOTICES IN

AN ACT

ATTACHMENTS; PROVIDING FOR THE POSTING AND PUB

ATTACHMENTS, AND REGULATING THE MANNER OF PRO-RATING AMONG CREDITORS; AMENDING SECTION 4304 OF THE REVISED STATUTES OF IDAHO. Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That section 4304 of the Revised Statutes of the State of Idaho be amended to read as follows, to wit: Section 4304.

Before issuing the writ the clerk must require a written undertaking on the part of the plaintiff, in a sum not less than two hundred dollars, and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that, if the defendant recover judgment, or, if the attachment be wrongfully issued, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment not exceeding the sum specified in the undertaking; and two days after issuing such writ and delivering it to the proper officer the clerk must post at the front door of the court house and cause to be published in some newspaper published in the county, if there be one, a notice, setting out the title of the cause and the fact that an attachment has been issued against the property of the defendant. Such notice shall be kept posted at least ten days and shall be published, if a weekly paper, in three issues thereof, and if any other than a weekly paper in at least six issues. Any creditor of the defendant, who, within sixty days after the first posting and publication of such notice, shall commence and prosecute to final judgment his action for his claim against the defendant shall share pro rata with the attaching creditor in the proceeds of defendant's property where there is not sufficient to pay all judgments in full against him. SEC. 2.

An emergency existing, this Act shall take effect on and after

its passage.

Approved on the 14th day of February, 1899.

I. B. NO. 127.

AN ACT PRESCRIBING THE DUTIES OF THE COURT IN INSOLVENCY PROCEEDINGS, AFTER THE FILING

OF THE SCHEDULE AND INVENTORY; PROVIDING FOR THE MEETING OF THE CREDITORS OF THE INSOLVENT, AND FOR THE ELECTION OF AN ASSIGNEE AND FIXING HIS DUTIES, AMENDING SECTIONS 5880 AND 5882 OF THE REVISED STATUTES OF IDAHO.

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

SECTION 1. That sections 5880 and 5882 of the Revised Statutes of the State of Idaho are amended to read as follows:

Section 5880. Upon receiving and filing such petition, schedule and inventory, the court, or the judge thereof, must make an order declaring the petitioner insolvent, and directing the sheriff of the county to take possession of all the estate, real and personal, of the debtor, except such as may be by law exempt from execution, and of all his deeds, vouchers, books of account and papers, and to keep the same safely until the appointment of an assignee. Such order must further forbid the payment of any debts and the delivery of any property belonging to such debtor, to him or for his use, and the transfer of any property by him, and must further appoint a time and place, in open court or at chambers, for a meeting of the creditors to prove their debts and choose an assignee of the estate, which must not be less than thirty days after the making of said order, and shall designate a newspaper or newspapers of general circulation in which publication thereof must be made. Upon the granting of said order, all proceedings against the said insolvent are stayed.

Section 5882. At the time and place appointed for the meeting of the creditors to prove their debts and choose an assignee, those having proven their claims, by filing a verified statement showing the amount, nature and security, if any, must proceed to the election of one assignee. The assignee must be a resident of the county where the insolvent resides, or where he has carried on his business.

In electing an assignee, the opinion of the majority in amount of claims must prevail. If the meeting of the creditors is held in open court the clerk of the court must keep a minute of the deliberations of the creditors, and of the election and appointment of the assignee. If the meeting be at chambers, the judge must certify the result of the deliberations of the creditors, and of the election and appointment of the assignee, and shall file said certificate with the clerk of the court. The assignee must file, within five days, unless the time be extended by the court or judge, with the clerk, a bond, in an amount to be fixed by the court, or judge, with two or more sufficient sureties to be approved by the court or judge, and conditioned for the faithful performance of the duties devolving upon him. The bond is not void upon the first recovery, but may be sued upon from time to time by any creditor aggrieved, in his own name, until the whole penalty is exhausted. The sureties on such bond may be required to justify upon the application of any party interested, in the same manner as bail upon arrest in civil cases.

SEC. 2. An emergency existing therefor, this Act shall take effect and be in force from and after its passage and approval by the Governor.

Approved on the 14th day of February, 1899.

II. B. NO. 128,

DEFINING

PROPERTY, AND

THE

VALUE

THEREOF,

EXEMPT

FROM

EXECUTION,

AN ACT
CERTAIN

AMENDING SECTION 4480 OF THE REVISED STATUTES OF IDAHO.
Be it eracted by the Legislature of the State of Idaho:

SECTION 1. Section 4480 of the Revised Statutes of Idaho is hereby amended to read as follows:

Section 4480. In addition to the homestead exempted by the Civil Code, the following property belonging to an actual resident of the State, is exempt from execution, except as herein otherwise specially provided.

FIRST. Chairs, tables, desks and books to the value of two hundred dollars, belonging to the judgment debtor:

SECOND. Necessary household, table, and kitchen furniture belonging to judgment debtor, including one sewing machine in actual use in a family or belonging to a woman, stoves, stove pipe and stove furniture, beds, bedding and bedsteads, not exceeding in value three hundred dol

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