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file the duplicate with the county assessor, who shall thereafter assess such land to the said assignee. SEC. 3.
Such assignee shall be entitled to a tax deed at such time as the county would have been entitled to a tax deed had such assignment not have been made.
The original owner of such land, or any person who at the date of such tax sale holds a valid mortgage, lien, incumbrance or other interest on, in or to the same, may redeem such land from such assignee of the county or his assigns any time before the expiration of five years from the date of said tax sale by paying to such assignee or his assigns the amount paid by such assignee to the county together with all subsequent taxes levied against such land and paid by such assignee with interest on such sums at 7 per centum from the time they were so paid, or by depositing the same with the county assessor for the benefit of such assignee.
SEC. 5. Whenever such redemption is made as provided in section four of this Act, the same proceedings shall be had as if no assignment ha been made, and the auditor and treasurer shall issue to such redemptioner a certificate of redemption which when recorded by the recorder of the county shall have the same effect as if no such ta x sale had been made.
Approved Feb. 6th, 1899.
SENATE SUBSTITUTE FOR S. B. NO. 7.
AN ACT FOR THE IMPROVEMENT OF THE NAVIGATION OF RIVERS, AND THEIR TRIBUTARIES, IN THE
STATE OF IDAHO, BY DEEPENING, STRAIGHTENING AND CLEARING THE CHANNELS THEREOF, BY THE ERECTION OF DAMS, BOOMS AND CANALS, AND OTHERWISE, AND FOR COLLECTING TOLLS AND CHARGES THEREON, FOR THE FLOATING, DRIVING AND HANDLING OF SAW LOGS, AND OTHER TIMBER PRODUCTS, AND THE NAVIGATION OF BARGES AND RAFTS,
Be it enacted by the Legislature of the State of Idaho:
SECTION 1. Any person, company, or corporation may, upon such terms and conditions and subject to such liabilities as are prescribed in this Act, improve the navigation of any river or tributaries thereof in this State, by deepening, clearing and straightening the channels thereof, and by the construction of dams and booms therein, and by canals to connect therewith, or otherwise if necessary, but shall in no case or in any manner materially obstruct or impede navigation upon any stream by the erection therein of any dain or other obstruction below the head of steamboat navigation upon said stream, and may take and receive such amounts of toll for the passage of barges, rafts, timber, logs, lumber, piling, railroad ties, telegraph or telephone poles, through such river and its tributaries, when the navigation shall be thus improved as the Board of State Land Commissioners may prescribe as herein provided. SEC. 2.
Such person, company, or corporation shall make and file with the secretary of the Board of State Land Commissioners, a certificate which shall specify: First, the name of the person, company or corporation; Second, the streain and section of the stream, the navigation of which it is proposed to improve, and the character and extent of the improvement to be made: Third, the place in this State where the principal office for the transaction of business is located; Fourth, the time when it is intended to begin work and the probable time it will take to complete the work in order to make the stream available for the uses intended by this Act: Fifth, a statement of the probable amount of capital required to perform said work under the provisions of this Act: Sixth, on the first day of December of each year said person, company or corporation shall make an annual report to the Land Board of the character of the improvements made during the year, and the amount expended in making said improvements, the number of thousand feet of lumber, logs, or other timbers, floated on said stream, the amount of tolls received for any or all of the timber so floated, which statement shall be a sworn statement.
SEC. 3. Upon compliance with the first five provisions of the last preceding section, any person, company or corporation operating under this Act shall be authorized in writing by the State Board of Land Cominissioners to improve the navigation of any stream, if the said Board shall be of the opinion after proper investigation, that the proposed improvements shall be a public benefit, and that such person, company or corporation is the proper one to make the same, and said Board shall fix the time within which said improvements shall be completed and shall require an undertaking to the State of Idaho in an amount equal to the estimated cost of the proposed improvement, conditioned that such person, company or corporation will, within the time specified complete such improvement, or in default thereof pay any person aggrieved by such failure all damages that may be sustained thereby, not exceeding the amount of such undertaking, and in case of failure to complete said improvements within the time specified, said person, company or corporation shall forfeit all rights to collect tolls of any person or persons whatsoever, who shall use for purposes of navigation the improvements made by said person, company or corporation, unless the time for completing the same shall have been previously extended by said State Board of Land Commissioners upon good cause shown. Provided, that any person, company or corporation making application to said Board for permit to improve any stream, as in this Act provided, shall cause to be published in some newspaper of general circulation, published in the county where said improvements are to be made, or if said improvements are to be made in more than one county, then in each of said counties, a notice that application has been made to said Board, stating in said notice the name of the stream and the portion thereof intended to be improved and the date at which the Board will hear said application, which notice shall be published for a period of twenty days.
Whenever any portion of said works shall be completed to the satisfaction of said Board, and it is so far useful that in the opinion of said Board tolls should be charged for the use thereof, said Board may fix the tolls to be paid for the use of such portion until the whole of said work is completed, and whenever said improvements have been completed and accepted by said Board, the rate of toll which any person, company or corporation operating under this Act may charge for running rafts, timbers, logs, lumber or other floatables, subject to tolls, through said improved stream shall be fixed by the said Board, and may be graduated with reference to the distance run upon the portion of said stream improved by said person, company or corporation, and shall not be increased without the consent of said Board, but may be changed from time to time by said Board: Provided, That the maximum toll that may be fixed by said Board cannot exceed twenty-five cents per thousand feet, board measure, for any distance not exceeding fifty miles; fifty cents per thousand feet, board measure, for any distance over fifty miles; and not exceeding one hundred miles; seventy-five cents per thousand feet, board measure, for any distance over one hundred miles. Provided, however,
such tolls shall not exceed a reasonable and just compensation considering the value of such improvements, and shall be subject to review at all times by the district court of the county in which such improvements are situated.
Any stream improved by this Act shall be open to all persons for use, upon the payment of toll prescribed as aforesaid, for the passage of barges, logs, rafts, timbers, lumber and other floatables through such improved stream or waters, and uniform rates of toll shall be charged to all persons.
Sec. 6. Whenever said tolls are prescribed as aforesaid, the person, company or corporation may collect the same by suit from persons using said improved portion of said stream; the proceedings of such action shall be in accordance with the practice of the courts in which such action is commenced.
Such person, company or corporation shall have a lien upon all logs, rafts, timber, lumber or other floatables, driven, rafted or run through such stream or waters, upon which toll shall be charged for such tolls, and may enforce the same by appropriate action in any court of competent jurisdiction.
Sec. 8. Any such person, company or corporation shall at all times after commencing the collection of any tolls froin persons using such improved stream or waters, keep such portion of the streain or waters clear of all unnecessary obstructions and in good condition for the passage of rafts, timber, logs, and lumber as aforesaid, it shall be the duty of the said person, company or corporation, without unnecessary delay, to make such repairs as shall restore such stream or waters to their proper condition, and in case said person, company or corporation shall fail to comply with the provisions of this section, the person, company or corporation shall for every such neglect or refusal, be liable to a forfeiture of $100.00 to be recovered in an action of debt by any person or persons aggrieved or injured thereby; Provided, that in all cases such person, company or corporation shall first have been notified of such defect and the necessary time for its repair shall have elapsed after such notice and before the commencement of such suit. SEC. 9.
If any person or persons shall willfully obstruct any stream or waters improved under the provisions of this Act, or any part thereof, or shall willfully destroy or injure any buildings, piers, dams, fixtures, banks, or other constructions in use upon the same, belonging to said person, company or corporation, such person, or persons so offending, shall for every offense be deemed guilty of a misdemeanor, and shall be puuished by fine not exceeding $300.00, or by imprisonment in the county jail not more than six months, in the discretion of the courts. Provided, That the right to carry on inining operations, either placer or quartz, together with the right to use any stream in this State for dumping purposes by ininers or mine owners, and the right to use the waters of any stream in this State for mining, agriculture or domestic purposes, and for water power and supply for milling, and to erect ditches and canals and other necessary structures for the purpose of diverting the waters of any stream for said purposes, shall never be denied or in any manner abrogated or abridged by any of the provisions of this Act. SEC. 10. If
any person or persons shall put or cause to be put into said streami or waters any logs, timber, lumber or other floatables, and shall not inake adequate provisions and put on sufficient force for breaking jams of such logs, timber, lumber or other floatables in or u pon such stream or waters for running, rafting or driving the same, and thereby obstructing the floatage or navigation, it shall be lawful for such person, company or corporation to cause such jams to be broken and such logs, lumber, timber, or other floatables to be run, driven, boomed, rafted or secured, at the charge and expense of the person or persons owning such logs, timber, lumber or other floatables, and said person, company or corporation shall have a lien upon such logs, timber, lumber or other floatables, as shall be sufficient to pay and satisfy all just and reasonable charges therefor, and expense and cost thereof, and shall be entitled to take and retain possession of such logs, timber, lumber or other floatables, or so much thereof as may be necessary to satisfy the amount of such charges for breaking such jams and for driving, booming, rafting and running such logs, timber, lumber, or other floatables, and expenses and costs thereon, until the same be satisfied and paid, and such person, company or corporation shall proceed to collect such charges, costs and expenses in the manner hereinafter prescribed. SEC. 11.
Any such person, company or corporation claiming any liens, may bring an action against the owner of such property to determine and satisfy the amount of such lien; the proceedings in such action shall be in accordance with the practice of the courts in which such action is commenced, and the property so held may be levied upon and sold to satisfy any judgment which may be rendered against such owner, together with all costs of such suit, including the costs and expenses of providing for the care and safety of such property. SEC. 12.
All persons, companies or corporations complying with the provisions of this Act, who shall improve the navigation of any stream as herein provided, shall be entitled to all of the benefits of this Act for a period of fifteen years from the date of the filing of the certificate, as provided in section two of this Act.
All acts and parts of acts conflicting with this Act are hereby repealed.
Approved, Feb. 28, 1899.
S. B. NO. 11.
AN ACT TO AMEND SECTION 3952, TITLE THREE OF CHAPTER FIVE, OF THE REVISED STATUTES OF
THE STATE OF IDAHO, CONCERNING THE DRAWING OF JURIES UPON THE ORDER OF THE
DISTRICT COCRT, OR THE JUDGE THEREOF.
SECTION 1. That section 3952 of the Revised Statutes of the State of Idaho, be annended to read as follows; Section 3952.
The district court, or the judge thereof, if a jury will be required at any term of the district court, must make and file with the clerk, au order that one be drawn. The number to be drawn must be fixed in the order; if to form a grand jury, it must be twenty, and if a trial jury, such number as the judge may direct.
SEC. 2. All acts and parts of acts in conflict with this Act are hereby repealed.
Approved, Feb. 7, 1899.
S. B. NO. 14.
MAKING IT A MISDEMEANOR FOR ANY PERSON TO WILLFULLY OR WANTONLY WASTE THE
WATERS OF ANY STREAM THE WATERS OF WHICH ARE USED FOR IRRIGATION; ALSO, MAKING IT A MISDEMEANOR IN ANY WAY TO INTERFERE WITH THE OVERFLOW, GAUGE OR WATERWAY PLACED IN ANY DAM BY A WATERMASTER, OR IN ANY MANNER INCREASE, DIMINJSA, CHANGE OR IN ANY WAY INTERFERE WITH THE FLOW OF WATERS REGULATED BY HIM.
Be it enacted by the Legislature of the State of Idaho:
SECTION 1. Any person or persons who shall willfully or wantonly waste any of the waters of any stream, the waters of which are used for irrigation, to the detriment of any claimant of such water for irrigation purposes by diverting the same for an unnecessary use or purpose, or by allowing such water to waste by running into depressions or dry channels so that the same cannot be used for irrigation, nor reach the original channel of the stream from which it has been diverted, is guilty of a misdemeanor.
Sec. 2. Any person or persons who shall obstruct any overflow, gauge or waterway placed in any dam by order of any watermaster so as to impede the flow of water over such dam as regulated by the watermaster shall be guilty of a misdemeanor.
Any person who, without the consent of the watermaster of the district, diverts any water from a ditch or channel where it has been placed, or caused or left to run by the watermaster or his deputies; or who shuts or opens any ditch, gate or dam, or in any way impedes or increases the flow of water in any stream or ditch diverting water froin a stream, while the same is under the charge of a watermaster, or who cuts away any embankment of a stream, whereby the water of such stream is diverted, or breaks, injures or removes any gate, Aume or other device used for the equitable distribution of the water of such stream by the watermaster, shall be guilty of a misdemeanor. SEC. 4.
If any obstruction shall be willfully and maliciously placed on any overflow gauge in any stream of water which is used for irrigation and is under control of a watermaster, and such obstruction retards or impedes the free overflow of the water of such stream, thereby increasing the pressure against a headgate through which water is diverted by means of such dam, or if any headgate regulated by a watermaster shall be removed, broken, injured or interfered with so as to disturb the distribution of the water as regulated by the watermaster, or if aniy bank of the natural stream, the water of which is being used for irrigation and is being distributed by a watermaster shall be cut away so as to increase the flow of water from such stream thereby interfering with the distribution of the water as regulated by a watermaster; the person or persons so interrupting the flow of said water as aforesaid, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of one hundred ($100) dollars or be imprisoned in the county jail not exceeding sixty days.
Whereas in the opinion of the Legislature an emergency exists this Act shall take effect and be in force from and after its passage and approval by the Governor.
Approved Feb. 25, 1899.