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southeasterly on the summit of said divide to a point due west from the headwaters of said Little Lost river; thence due east to the headwaters of said Little Lost river; thence down Little Lost river to the point where the trail leading to pass creek crosses said Little Lost river; thence in a direct line to the head of Pass creek; thence southeasterly along the summit of the divide between the waters of Little and Big Lost rivers to a point where the summit of said divide intersects the north boundary line of township 4 N. and range 27 E., Boise meridian; thence west along said north boundary line of township 4 N. to the intersection with the range line of ranges 23 and 24 east; thence north along said line between ranges 23 and 24 E. to the summit of the divide that separates the waters of Antelope creek from those of Little Wood river; thence westerly along and upon the summit of the ridge of mountains dividing the headwaters of the East Fork of the Salmon river, from the waters of the Little or Big Wood river, and continuing westerly on said divide between the East Fork of Salmon and Wood rivers, to the main Salmon river, thence along said Salmon river to the mouth of Fall creek, a stream entering the Salmon river at a point about fifteen (15) miles northerly from Sawtooth City, thence up said Fall creek to Pettit lake in a right line to the right of a creek entering said lake at the west end thereof, thence up said last mentioned creek to the summit of the Sawtooth mountains, thence northerly along the summit of the Sawtooth mountains to the divide which separates the water flowing into the South Payette river and Bear Valley creek from those flowing into the main Salmon river and Cape Horn creek, thence along said divide to the Middle Fork of the Salmon river, thence down the Middle Fork of the Salmon river, to the mouth of Loon creek, thence up Loon creek to the mouth of Warm Spring creek, thence up Warm Spring creek, and to the divide which separates the waters of Yankee Fork on the south and Loon and Deep creeks on the north, and following said divide in an easterly direction around the head of Panther creek, to the divide between Hat creek and Ellis creek, thence on the divide between Hat and Ellis creeks in an easterly direction to the Salmon river, thence up the main channel of said Salmon river to the place of beginning.
SEC. 2. At the next general election, the qualified electors who have resided for ninety days prior to said election in that portion of Blaine County proposed to be cut off froin said county and annexed to Custer, by section one of this Act, shall vote upon the question of the division of said Blaine County and the annexation to Custer County of such territory.
Such vote shall be by ballot in the following form, viz: “For division and annexation yes;” and “against division and annexation yes." The vote shall be returned and canvassed, as provided by law in other cases; and this Act shall take effect only in case a majority of such qualified electors of such territory, voting on such question, shall vote in the affirmative: Provided, That the part of the territory herein proposed to be stricken off from Blaine County shall be held to pay its relative proportion of all the liabilities of said Blaine County existing at the time the vote on such division shall be canvassed, and the result officially declared by the commissioners of Custer County.
Allacts and parts of acts in conflict with this Act are hereby repealed.
Whereas an emergency exists there for 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. 135.
AN ACT REGULATING APPEALS FROM THE
SUPREME COURT; AMENDING SECTION 4807 REVISED STATUTES OF IDAHO BY ADDING SUBDIVISION FOUR THERETO. Be it enacted by the Legislature of the State of Idaho:
SECTION 1. That section 4807 of the Revised Statutes of the State of Idaho, be amended to read as follows:
Section 4807. An appeal may be taken to the Supreme Court, from a district court.
1. From a final judgment in an action or special proceeding commenced in the court in which the same is rendered, within one year after the entry of judgment. But an exception to the decision or verdict on the ground that it is not supported by the evidence, can not be reviewed on an appeal from the judgment, unless the appeal is taken within sixty days after the reudition of the judgment.
2. From a judgment rendered on an appeal from an inferior court, within ninety days after the entry of such judgment.
3. From an order granting or refusing a new trial; from an order granting or dissolving an injunction; from an order refusing to grant or dissolve an injunction; from an order dissolving or refusing to dissolve an attachment; from an order granting or refusing to grant a change of the place of trial; from any special order made after final judgment; and from an interlocutory judgment in actions for partition of real property, within sixty days after the order or interlocutory judgment is made and entered on the minutes of the court, or filed with the clerk.
4. From a judgment rendered as an appeal from an order, decision or action of a board of county commissioners, within ninety days after the entry of such judgment.
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.
Hl. B. NO. 136.
AN ACT TO PROVIDE FOR THE ANNEXATION OF A PART OF LEMHI COUNTY TO FREMONT COUNTY, AND
TO SUBMIT THE QUESTION OF ANNEXATION TO THE ELECTORS OF THE TERRITORY PROPOSED TO BE CUT OFF AND TO PROVIDE FOR A PROPER APPORTIONMENT OF THE INDEBTEDNESS OF LEMHI COUNTY.
Be it enacted by the Legislature of the State of Idaho:
SECTION 1. All that portion of the County of Leinhi embraced within the following boundaries, to-wit: beginning at the southeast corner of township eleven north of range thirty-four east Boise meridian; and running thence due west on the line between townships ten and eleven north to the southwest corner of township eleven north of range thirtyone east Boise meridian; thence due north to the boundary line between the States of Idaho and Montana; thence southeasterly along the boundary line between the States of Idaho and Montana to a point where the 'said boundary line is intersected by the range line between townships thirty-four and thirty-five east of the Boise meridian; and thence due
south to the place of beginning is hereby annexed to and made a part of Fremont County, subject to the conditions hereinafter stated.
SEC. 2. At the general election in 1896 the question of the annexation of the territory hereinbefore described, shall be submitted to and voted upon by the qualified electors residing within the limits of the territory proposed to be annexed. Said election shall be conducted in the manner prescribed by the election law of the State of Idaho approved February 25th, 1891, and if a majority of said electors voting at said election shall vote in favor of such annexation, said territory shall be stricken off of Lemhi County and annexed to Fremont County, as provided in this Act. The officer whose duty it shall be to prepare the ballots for the general election, shall cause to be printed separate ballots at the same time, and in the same manner as the ballots for the general election. Such separate ballots shall be three inches square, an on one side shall be printed the words.
Shall the county be divided? es. and the elector shall vote by striking out the word “No” or “Yes” as the case may be. The auditor of Lemhi County shall send a suitable number of these special ballots to each precinct in the territory proposed to be annexed, and the county commissioners of the County of Lemhi shall canvass the returns of the votes cast as herein provided, and if it shall be ascertained by such canvass of votes that a majority of the electors within the limits of the territory hereby proposed to be annexed shall vote in favor of such annexation, they shall so declare, and thereafter the foregoing described part of Lemhi County shall be annexed to and become a part of Fremont County.
All indebtedness of Lemhi County existing at the date of the passage of this Act shall be apportioned between the Counties of Lemhi and Fremont in the same ratio that the taxable property in the segregated territory bears to the taxable property of the County of Lemhi, as shown by the assessment books of Lemhi County for the year 1895. At the January session of the board of county commissioners for the year 1897 the commissioners of Lemhi and Fremont Counties shall each appoint a competent accountant to apportion the indebtedness of said Lemhi County.
Said accountants shall meet at the county seat of Lemhi County not later than the first Monday in May, 1897, and after taking the usual official oath, shall proceed to audit and ascertain from the proper books, papers and records the amount of property assessed in Lemhi County for the year 1895, and also the amount of property assessed within the limits of the territory hereby proposed to be segregated; they shall also proceed to ascertain and determine from the proper books, papers and records, the amount of indebtedness of said Lemhi County existing at the date of the passage of this Act, ascertaining particularly its class, whether represented by outstanding bonds, warrants, or otherwise, and apportion said indebtedness in the same ratio that the taxable property in the segregated territory bears to the taxable property of the entire County of Lemhi, as shown by said assessment books for 1895.
They shall also ascertain and determine from the proper books, papers and records of Lemhi County the amount of cash in the treasury of said county at the date of the passage of this Act, which was available for the payment of the indebtedness of Lemli County, or any part thereof, and
deduct the amount of such cash from the amount of the debt to be
They shall prepare a report in duplicate, and file the same with the auditors of the Counties of Lemhi and Fremont, to be submitted to the board of county commissioners of each of said counties.
In case it should be ascertained by the result of the election in 1896, hereinbefore provided for, that said territory has been stricken off from Lemhi County, and attached to Fremont County, the county commissioners of Fremont County must cause warrants to be issued against the Lemhi County fund, and in favor of Lemhi County, in sums or not to exceed five hundred dollars each, to the full amount of the indebtedness shown by the said accountant's report to be due from Fremont to Lemhi County, and deliver the same to the treasurer of Lemhi County. Said warrants must be dated as of the date when this Act takes effect, and must bear interest at the rate of seven per cent. per annum from their date until paid.
The county commissioners of Fremont County must, at the time of making their levy of taxes for each year, make a proper and sufficient levy for the redemption of the warrants provided for in the preceding section, which levy shall not be less than
cents on each one hundred dollars, and the proceeds of such levy of taxes must be apportioned by the county treasurer of said county to a fund to be called the "Lemhi County Fund," and paid out by him, only for the redemption of the warrants hereinbefore provided for.
SEC. 6. Should the accountants herein provided for, fail to agree upon their report, or upon any fact which they are required to ascertain and determine, the judge of the district court of the fifth judicial district, shall, upon proper notification appoint a competent person to act with said accountants, and decide and determine all matters of difference.
The accountants hereinbefore provided for must be allowed reasonable compensation for their services and expenses, to be paid by the county which they respectively represent. In case a third party shall be appointed he must be paid by the Counties of Lemhi and Fremont in equal proportions.
Sec. 8. All acts and parts of acts in conflict with any of the provisions of this Act are hereby 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.
H. B. NO. 138.
AN ACT TO PROVIDE FOR THE PROTECTION OF FISH AND GAME AND REPEALING ALL OTHER ACTS
IN FORCE RELATIVE TO THE PROTECTION OF FISH AND GAME, EXCEPT THE ACT RELATIVE TO BUFFALO.
Be it enacted by the Legislature of the State of Idaho:
SECTION I. It shall be unlawful for any person or persons to kill, ensnare or trap any moose, caribou, mountain sheep, mountain goat, elk or mongolian pheasant, at any time except between the first day of September and the first day of October of each year. SEC. 2.
It shall be unlawful for any person or persons to kill, ensnare or trap any deer or antelope except between the first day of September
and the thirty-first day of December of each year, or to kill, ensnare, or trap any of the animals mentioned in this section, at any time of the year for the purpose of buying or selling their hides or carcasses or to ship, transport, carry or have in possession any such animals between the dates within which the killing, ensuaring, or trapping of such animals is prohibited: Provided, That any of the animals mentioned in this and the preceding section may be taken alive, which shall be for scientific purposes only.
No person shall kill or wound, ensnare or trap any beaver or kitten beaver within the State of Idaho for a period of five years from and after the approval of this Act. Any person or persons offending against the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, shall be fined in any sum not less than one hundred dollars nor more than two hundred dollars for the first offense, and for each subsequent offense shall be fined in any sum not less than one hundred dollars nor more than two hundred dollars and be imprisoned in the county jail for a period of not less than three months nor more than six months.
SEC. 4. It shall be unlawful for any person or persons or agents or employees of any association or corporation to buy or sell the hides or the flesh of any of the animals mentioned in the preceding sections at any time of the year.
It shall be unlawful for any person or persons to hunt or chase with dogs any of the animals mentioned in the preceding sections, or to own, keep, or have, in possession any dog or dogs for said purpose, or to hunt or chase any animal whatsoever, with any bloodhound or fox hound, or with any other dog or dogs that howls or barks while running the trail of any animal.
SEC. 6. It shall be unlawful to kill, ensnare, trap or destroy any quail except between the first day of October and the first day of December of each year or to trap, ensnare, or sell or offer for sale, any quail, at any time of the year.
Sec. 7. It shall be unlawful for any person to kill, ensnare, trap or destroy any partridge, pheasant, grouse, prairie chicken, sage hen or fool hen, except between the first day of August and the fifteenth day of December of each year, or to destroy the eggs of any birds mentioned in this or preceding sections at any time of the year.
Sec. 8. It shall be unlawful to kill, ensnare, trap, or destroy any species of wild duck, goose, or swan, or to take, or to destroy their eggs between the fifteenth of March and the fifteenth day of August of each year.
SEC. 9. Having in possession any of the animals or birds nained in this chapter, which are prohibited from being killed or between the dates within which the killing, ensnaring, trapping or destroying of the same is declared to be unlawful, shall be deemed prima facie evidence that such person killed, ensuared, trapped or destroyed the same in violation of this Act. SEC. 10.
It shall be unlawful to catch or kill any species of fish, except salmon, carp, chub, mullet, sucker, shad, white fish and sturgeon in any of the streams, rivers, lakes, reservoirs or waters, lying within the State of Idaho, with any seine or other net, or any spear, weir, fence, basket, trap, gill-net, set-net, otter or any other contrivance except hook and line at