Page images
PDF
EPUB

SEC. 13

tached to a pole or held in a hand: Provided, That no fish shall be taken by any method, except for breeding (and home consumption), between the first day of November and the fifteenth day of May of the succeeding year.

SEC. II. It shall be unlawful to take, sell, buy or have in possession any species of fish except salmon, carp, chub, inullet, sucker, shad, white fish or sturgeon within the times wherein the killing or catching of the same is prohibited or for any person or persons, agent or employee of any association, corporation, stage line, railroad company or express company to ship or transport any of said fish except salmon, carp, chub, mullet, sucker, shad, white fish or sturgeon at any time of the year.

SEC. 12. It shall be unlawful to use for the killing of any fish, any poisonous, deleterious, or stupefying drag [drug], dynamite, giant powder or other explosive, at any time of the year. And every person violating any of the provisions of this section shall be deemed guilty of a felony.

It shall be unlawful to empty or allow the emptying of sawdust into any of the waters of this State which are known to contain trout, or to deposit the same within such distance that it may be carried into said waters by natural causes.

Sec. 14. Every person, firm, company or corporation maintaining or keeping up any dam, weir or other artificial obstruction upon any of the streams of water in this State, shall elect and keep up and maintain at such dam, weir or other obstruction a sufficient sluice, fish-way for the free passage of fish up and down such stream. Any person, firm, company or corporation now diverting or that may hereafter divert any of the waters from any stream, lake or other waters of this State by means of any canal or conduit, shall construct or cause to be constructed and keep in repair a suitable screen of wire or other suitable material at the head of such canal subject to approval and inspection by the county commissioners for the prevention of the passage of fish into said canal; the meshes of said screen shall not be more than two inches in diameter; and any person, firm, company or corporation neglecting or failing to comply with the provisions of this Act, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed one hundred dollars for each month or portion thereof that the provisions of this section are not complied with.

Each and every thirty days that any person, firm, company or corporation shall neglect or refuse to comply with the provisions of the two preceding sections of this Act, shall constitute a separate offense.

SEC. 16. Every person, firm, company or corporation violating any of the provisions of this Act, wherein no other penalty is provided for, shall be deemed guilty of a misdemeanor and is punished for each and every offense committed, by fine not less than one hundred dollars, or by both fine and imprisonment.

It shall be the duty of the sheriff, deputy sheriff and constables of the various counties of the State to arrest, either with or without a warrant or to cause to be arrested, and bring before a judge or justice of the county nearest to where the offense was committed, any person or persons violating the provisions of this Act; and any person or persons making complaint under oath, to any of the aforesaid officers, the party or parties complained against must be arrested and the person or persons making such complaint shall be entitled to one-half of the fine imposed upon the conviction thereof; and the one-half of such fines col

SEC. 15.

SEC. 17

lected to be paid into the county treasury for the benefit of the county school fund of the county wherein the conviction was had.

Sec. 18. All acts and parts of acts in conflict with the provisions of this Act, and all acts now in force relative to the protection of fish and game, are hereby repealed, except the act of 1897 relative to buffalo.

SEC. 19. 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. 139.

AN ACT RNQUIRING THE ISSUANCE OF MARRIAGE LICENSES, PRESCRIBING THE FORM THEREOF AND

FOR CERTIFYING MARRIAGES THEREUNDER; AND FOR THE KEEPING OF A RECORD OF MARRIAGES; FIXING PENALTIES FOR VIOLATIONS THEREOF, AND FOR MAKING FALSE RETURNS OF ANY MARRIAGE. REPEALING SECTIONS 2434, 2435, AND 2437 OF THE REVISED STATUTES OF IDAHO.

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

SECTION 1. The county recorder of any county in this State shall have authority to issue marriage licenses to any parties applying for the same who may be entitled under the laws of this State to contract matrimony, authorizing the marriage of such parties, which licenses shall be substantially in the following form:

Know all men by this certificate that any regularly ordained minister of the gospel, authorized by the rites and usages of the church or denomination of Christians, Hebrews, or religious body of which he may be a member, or any judge or justice of the peace or competent officer to whom this may come, he not knowing of any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony between of. of the county of.

and of. of the county of

and to certify the same to said parties, or either of them, under his hand and seal, in his ministerial or official capacity, and thereupon he is required to return his certificate in form following, as hereto annexed.

In testimony whereof I have hereunto set my hand and affixed the seal of said county, at.

this.
day of...

A. D. 18....

[ocr errors]
[ocr errors]
[ocr errors]

Recorder. SEC. 2.

The form of certificate annexed to said license, and therein referred to, shall be as follows: I,

a.
residing at

in the county of ...

in the State of Idaho, do certify that, in accordance with the authority on me conferred by the above license, I did on this in the year A. D. 18...., at..

in the county of

in the State of Idaho, solemnize the rites of matrimony between

in the county of...

of the and.

of...

of the county of.... of the...

in the presence of ...and Witness my hand and seal at the county aforesaid, this.

..day of A. D. 18.... In the presence of

day of

of

[ocr errors]

[SEAL]

The license and certificate, duly executed by the minister or officer who shall have solemnized the marriage authorized, shall be returned by him to the office of the recorder who issued the same, within thirty days from the date of solemnizing the marriage therein authorized; and a neglect to make such return shall be deemed a misdemeanor, and the person whose duty it shall be to make such return, who shall neglect to make such return within the time above specified, shall, upon conviction thereof, be punished by a fine of not less than twenty nor more than fifty dollars to be assessed by any justice of the peace or other court having jurisdiction.

SEC. 3. Every county recorder who shall have personal knowledge of the competency of the parties for whose marriage a license is applied for shall issue such license upon payment or tender to him of his legal fee therefor; and, if such recorder does not know of his own knowledge that the parties are competent under the laws of this State to contract matrimony, he shall take the affidavit in writing of the person or persons applying for such license, and of other persons as he may see proper, and of any persons whose testimony may be offered; and, if it appear from the affidavit so taken that the parties for whose marriage the license in question is demanded, are legally competent to marry, the recorder shall issue such license, and the affidavits so taken shall be his warrant against any fine or forfeiture for issuing such license. Any county recorder who shall issue a license to marry to parties, one or both of whom shall not be at the time of marriage under such license legally competent to marry, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in the sum of one hundred dollars before any court having jurisdiction.

SEC. 4. The county recorder shall have power to administer all oaths required or provided for in this Act; and, if any person in any such affidavit shall willfully and corruptly swear falsely to any material fact as to the competency of any person for whose marriage the license in question refers, or concerning the procuring or issuing of which such affidavit may be made, shall be guilty of perjury, and, upon conviction thereof, shall be punished as provided by statute in other cases of perjury.

Any authorized minister or officer to whom any such license, duly issued, may come, not having personal knowledge of the incompetency of either party therein named to contract matrimony, may lawfully solemnize matrimony between them.

Sec. 6. If any such minister or officer shall presume to solemnize any marriage between parties without such a license, or with knowledge that either party is legally incompetent to contract matrimony as is provided for by the laws of this State he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars before any court having jurisdiction.

The recorder shall record all such returns of inarriage licenses in a book to be kept for that purpose, within one month after receiving the same. If any recorder shall neglect or refuse to record within the said time any return to him made, lie shall forfeit one hundred dollars, to be recovered, with costs, by any person who will prosecute for the same.

SEC. 8. The recorder of each county in this State shall be entitled to a fee of one dollar for each license issued which fee he shall demand and receive from the person applying for the same, and he may refuse to issue

Sec. 5.

SEC. 7.

SEC. 9.

any such license until such fee is paid to him. Said fee shall also include the payment for the service of recording the license upon its return by the minister or officer solemnizing the marriage for which it was issued.

The books of marriages and copies of entries therein, certi. fied by the recorder under his official seal, shall be evidence in all courts.

Sec. 10. If any person, authorized to solemnize marriage, shall willfully make a false return of any marriage or pretended marriage to the recorder; or, if the recorder shall willfully make a false return of any marriage, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, and by imprisonment of not less than three mionths.

SEC. II. All fines and penalties accruing under the provisions of this Act shall be paid into the county treasury for the use of the common schools in the county where the offense was committed.

SEC. 12. Sections 2434, 2435 and 2437 of the Revised Statutes are hereby repealed.

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

Approved on the 14th day of February, 1899.

SEC. 13

H. B. NO. 140.

AT THE

SESSION OF THE LEGISLA

ACT CREATING AND

AN ACT TO AMEND SECTION 8 OF AN ACT, PASSED

FIFTEENTH TIVE ASSEMBLY OF THE TERRITORY OF IDAHO, ENTITLED "AN ORGANIZING THE COUNTIES OF ELMORE AND LOGAN AND DEFINING THE BOUNDARY

LINES OF BINGHAM AŅD ALTURAS COUNTIES,” APPROVED PEBRUARY 7TH, A. D. 1889. Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That section 8 of said act is hereby amended to read as follows:

Section 8. Immediately after the filing of the certificate (of the proportion of the indebtedness) named in the preceding section (7) the auditors of Elmore and Logan and Bingham Counties, under the supervision of their respective boards of commissioners, must draw and issue warrants in favor of Alturas County, to the full amount of the indebtedness apportioned to their respective counties, such warrants to bear date July ist 1889, to be issued in sums of five hundred dollars each (but one warrant may be drawn for a less amount in order to pay a fractional part of the debt) and to be not transferable, and to bear interest at the rate seven per cent. per annum, payable on the first day of January and first day of July, in each year at the office of the county treasurer of Alturas County, or at such bank in the City of New York as may be designated by the board of county commissioners of Alturas County. Such warrants are to, and shall be redeemed by each respective county in the following manner:-Ten per cent. of the total amount issued shall be paid in eight years from the date of issue and ten per cent. annually thereafter, until all of said warrants are paid, making the last of said warrants redeemable eighteen years from the date of issue. The money so received from the Counties of Elmore, Logan and Bingham by Alturas County, shall be by it, applied only to the payinent of the present indebtedness. of Alturas County, and the securities into which it has been funded.

The board of county commissioners of the above named counties shall, at the time they make the tax levy for county and State purposes, in each year, levy also a special tax upon all the taxable property of their re

spective counties in an amount sufficient to pay the interest on said warrants, and the county assessor of each of said counties shall pay the amount of said tax over to the county treasurer of Alturas County each year and in time to enable said County of Alturas to meet the payments of interest on the funded debt of said county, as the same shall become due. The board of county commissioners of each of said Counties of Logan, Elinore and Bingliam, shall, also and at least one year before the first of said warrants shall become due, levy a special tax sufficient to pay the principal of said first warrants, when the same shall become due, and shall levy, also, a tax each year thereafter to pay the principal of the remainder of said warrants as they become due, and year by year shall pay the amounts of such taxes to the county treasurer of Alturas County, until ail of said warrants are paid.

In case there shall, by said counties or either thereof at any time, be an omission for any cause to levy the aforesaid taxes or any thereof, it shall be the duty of the boards of county commissioners of the counties, or county so omitting to make such levy to ascertain the amount of arrearages of principal and interest then due and in addition to the amount levied for the payment of the interest then accruing to levy each year a tax for such additional sum as will pay one year's arrearages of interest, or principal or both, beginning with the first year that said interest or principal or both become delinquent and unpaid, and shall continue to levy a similar tax each year and every year until all the arrearages of interest and principal shall be fully paid: Provided, That if any of said counties shall so desire they may refund all of said arrearages of interest and principal by the issuance of interest bearing coupon bonds therefor, payable in not less than ten (10) or more than twenty (20) years from the date of issue, bearing interest at not exceeding six (6) per cent. per annum; said bonds to be issued in pursuance of law. All money arising from the collection of taxes or the sale of bonds for the purpose of paying the arrearages of principal and interest on said warrants shall be paid over to the treasurer of Alturas County in time to enable said county to pay the proportion due from each of said Counties of Logan, Elmore and Bingham upon said funded debt of Alturas County.

The provisions of chapter VI of title XIII of the Revised Statutes shall apply so far as the same shall aid in the enforcement of this Act; and the neglect or refusal of the proper officer or officers to carry out the provisions of this section shall subject such officer or officers to the penalties provided in said chapter. SEC. 2.

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

Approved on the 16th day of February, 1899.

« PreviousContinue »