and such sheriffs, deputy sheriffs, constables, city marshals, police officers, and each of them by virtue of their election and appointment, are hereby created and constituted ex-officio fish and game wardens for their respective jurisdictions; and they and each of them, and each and every fish and game warden appointed under the provisions of this Act, shall have authority to, and it shall be their duty to inspect all depots, warehouses, cold storage rooms, storehouses, store rooms, hotels, restaurants, markets and all packages or boxes held either for storage or shipment which they shall have reason to believe contain evidence of the infraction of any of the provisions of this Act. And if, upon inquiry, said officer discovers evidence sufficient in his judgment to secure a conviction of the offender, or shall have good cause to believe that such sufficient evidence exists to justify the same, he shall at once institute proceedings to punish the said alleged offender.

SEC. 30. Any Fish and Game Warden appointed under the provisions of this Act, and any sheriff, deputy sheriff, city marshal, constable or police officer may without warrant arrest any person by him found violating any of the provisions of this Act, or any other act or acts hereafter enacted and in force at any time for the protection of game and fish, and take such person or persons before a justice of the peace, probate or municipal judge having jurisdiction, who shall proceed without delay to hear, try and determine the matter and give and enter judgment according to the allegations and proof. All such actions shall be brought in the name of the State of Idaho, and shall be prosecuted by the prosecuting attorney of the county in which such action is had.

SEC. 31. In order to carry out the provisions of this Act, there is hereby appropriated out of any moneys in the general fund of the State treasury not otherwise appropriated for salary and office expenses of the State Fish and Game Warden for the year 1899 the sum of fifteen hundred dollars, and for the year 1900 the sum of fifteen hundred dollars.

SEC. 32.

All acts and parts of acts now in force relative to the protection of fish and game are hereby repealed, except the act of 1899 relating to buffalo.

SEC. 33. Whereas an emergency exists, therefore this Act shall take effect and be in force from and after its passage and approval by the Gov

ernor.

Approved, March 13, 1899.

H. B. No. 272.
AN ACT

PROVIDING FOR THE ISSUANCE OF SUBPOENAS FOR ANY OFFICER OR OFFICERS FAILING TO MAKE REPORTS TO THE STATE AUDITOR, OR STATE TREASURER, WITHIN FIVE DAYS AFTER THE TIME PROVIDED BY LAW FOR THE MAKING THEREOF; DESIGNATING THE OFFICER WHO SHALL SERVE THE SAME, AND PROVIDING HOW HIS COMPENSATION SHALL BE PAID.

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

SECTION I. In case any county or other officer of this State, who is authorized or directed by law to make certain or any reports to the State Auditor, or to the State Treasurer, or to the State Board of Land Commissioners, or to any other official or board of this State, shall fail or neglect to transmit such report, or reports, or funds, by registered mail, or draft, express or money order, within the time provided by law for the sending of such report, or reports, or funds, and in case the said

report, or reports, or funds, have not been received by the State Auditor, or State Treasurer, or any officer or board to whom said report, or reports, or funds, should be made or delivered, within five days after the last day of the time in which said report, or reports, or funds, are required by law to be transmitted or delivered, then and in that case the State Auditor, the State Treasurer, or the officer or board to whom such report, or reports, or funds, must be made as required by law, shall forthwith issue a subpoena for any officer or officers so failing or neglecting to transmit the same, requiring such officer or officers to appear forthwith before the State Auditor, or State Treasurer, or officer or board issuing said subpoena, and produce said report, or reports, or funds aforesaid.

SEC. 2. The sheriffs of the several counties are hereby designated as the officers by whom such subpoenas shall be served, and for such services said sheriffs shall be paid the same compensation as is by law provided for similar services in civil cases. The officer so failing or neglecting to transmit such report, or reports, or funds, must pay forthwith to the sheriff aforesaid the compensation for services allowed in this section, and shall be liable upon his official bond for the compensation due said sheriff.

Approved, March 4th, 1899.

H. B. NO. 275.

AN ACT

TO AMEND SECTION SEVEN (7) OF AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE GOV.

ERNMENT AND MAINTENANCE OF THE PENITENTIARY AND FOR THE CARE AND CUSTODY OF STATE PRISONERS" APPROVED FEBRUARY 2, 1899.

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

SECTION I. That section seven (7) of an act entitled "an act to provide for the government and maintenance of the penitentiary and for the care and custody of State prisoners' approved February 2, 1899, be amended to read as follows:

Section 7. The Board shall have authority to use the labor of the convicts in the erection of a wall around the penitentiary buildings and grounds, and in the construction of irrigating and water ditches for the purpose of bringing water upon said penitentiary grounds as in the opinion of said Board may be necessary for the proper cultivation of said grounds, and in making such other improvements and repairs to said buildings and grounds as they may deem proper and necessary, and in the performance of any labor in and about or in connection with the said penitentiary and penitentiary grounds or lands or works necessary for the improvement thereof. All acts and parts of acts in conflict with this Act are hereby

SEC. 2. repealed.

Approved, March 9, 1899.

H. B. NO. 279.
AN ACT

FOR

FIXING THE AMOUNT PER FOLIO WHICH SHALL BE ALLOWED JUSTICES OF THE PEACE
THE TAKING OF TESTIMONY IN PRELIMINARY EXAMINATIONS, WHERE THE OFFENSE
CHARGED IS ONE WHICH MUST BE AFTERWARDS INVESTIGATED BY THE GRAND JURY, OR
PRESENTED TO THE DISTRICT COURT ON INFORMATION. AMENDING SECTION 7525 OF
THE REVISED STATUTES OF IDAHO.

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

SECTION I. That section 7525 of the Revised Statu tes of Idaho be and the same is amended to read as follows:

Section 7525. If the offense charged is one which must afterwards be investigated by the grand jury, or presented to the district court upon information, the officer making the arrest, must take the defendant before the magistrate who issued the warrant but if such magistrate does not reside in the precinct where the offense was committed or the majority of the witnesses reside, the officer having the charge of the defendant must take him and the warrant, deposition, and all papers in the case before some magistrate in such precinct for hearing and examination, or if there be no magistrate in such precinct, then before some magistrate residing in some other precinct, but all hearings on preliminary examinations must, as far as possible, be had before the magistrate most convenient to the majority of the witnesses for the prosecution, unless for good cause it is ordered to be held elsewhere, and in all such cases the preliminary examinations must be had as hereinafter provided, unless such person shall waive his right to such examination, uninations the magistrate must be allowed twenty cents per folio. An emergency existing therefor, this Act shall take effect and be in force from and after its passage.

SEC. 2.

Approved, March 13, 1899.

H. B. NO. 280.

AN ACT

PRESCRIBING THE TIME AND MANNER OF CALLING COUNTY WARRANTS FOR PAYMENT; MAKING THE COUNTY TREASURER LIABLE ON HIS OFFICIAL BOND FOR LOSSES BY PAYMENT OF INTEREST AFTER THE DATE CALL SHOULD HAVE BEEN MADE, AND PROVIDING THAT FOR THE WILFUL VIOLATION HEREOF SUCH OFFICER SHALL RE REMOVED.

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

SECTION I. The county treasurer shall provide himself, at the expense of the county, with a bulletin board, to be not less than twenty inches wide and thirty inches long, to be painted black and across the top of which shall be painted, in white "block" letters, not less than two inches high, the words "County Warrant Bulletin." It shall be the duty of the said treasurer to keep such bulletin conspicuously, securely and permanently in place at the front door of his office, and thereupon to post in a manner which will insure continuous notice for not less than sixty days, all notices issued by him whether written or printed, calling for the presentation of county warrants for payment.

SEC. 2. Whenever there is an amount to the credit of any county fund, as shown by the books of the county treasurer, sufficient to pay the warrant or warrants next entitled to payment therefrom, the county treasurer shall immediately post at the door of his office, as provided in section one of this Act, a notice that such warrant or warrants will be paid on presentation, stating therein the number and series of any such warrants and the fund or funds upon which drawn.

SEC. 3. On the first Monday of each month, if there is a sufficient amount to the credit of any county fund or funds to pay the warrant or warrants, next entitled to be paid therefrom, and whenever it shall appear from the books of the county treasurer that there is to the credit of any county fund or funds against which there are outstanding warrants unpaid, the sum of one thousand dollars, available for the payment of said warrants, the said treasurer shall cause to be published in the manner and form required by law, notice that the warrant or warrants next entitled to be paid therefrom will be paid upon presentation. All war

rants which have theretofore been called by posting, as provided in section two of this Act, and which remain unpaid at the time of publishing such notice, shall be included in such published notice; and, after such publication, the interest thereon shall cease after the time now provided by law, but not before.

SEC. 4. For all sums which are paid by the county treasurer as interest upon any warrant or warrants, after the earliest date at which there were sufficient funds with which to have called and paid the same, such officer shall be liable upon his official bond; and for the wilful violation of any of the provisions of this Act, the said treasurer shall be deemed guilty of neglect to perform the official duties pertaining to his office, and shall be removed therefrom as provided by law.

SEC. 5.

by repealed.

All acts and parts of acts in conflict with this Act are here

SEC. 6. Whereas an emergency exists therefor, this Act shall take effect and be in force from and after its passage.

Approved, March 2, 1899.

H. B. NO. 286.

AN ACT

TO PROVIDE FOR THE PAYMENT OF OFFICERS, MEMBERS, AND EMPLOYEES AND FOR THE GENERAL EXPENSES OF THE FIFTH SESSION OF THE LEGISLATURE.

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

SECTION 1. That the sum of twenty-five thousand dollars ($25,000) or so much thereof as may be necessary, be and the same is hereby appropriated out of any moneys in the general fund of the State treasury, not otherwise appropriated, for the purpose of paying the compensation due to the officers, members, and employees, for the general expense of the fifth session of the Legislature of the State of Idaho.

SEC. 2. That the State Auditor is hereby authorized and required. upon the presentation to him of the certificate of the presiding officer of the house of which the person named therein is a member, officer, or employee, that the party mentioned in the certificate is entitled to compensation to the amount therein stated to draw his warrant on the general fund for the amount so certified as due.

SEC. 3.

Whereas an emergency exists, therefore this Act shall take effect and be in force from and after its passage. Approved, Feb. 18, 1899.

H. B. NO. 289.
AN ACT

RELATING TO THE LEVYING OF SPECIAL SCHOOL TAX AND AMENDING SECTION 42 OF CHAPTER 6 OF AN ACT ENTITLED, "AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS" APPROVED FEB. 6, 1899.

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

SECTION 1. That section 42 of chapter 6 of an Act approved February 6, 1899, be amended to read as follows:

Section 42.

The regular election for electing members of the board of school trustees shall be held annually in each district on the first Monday in June at which time it shall be lawful to transact any business pertaining to schools and school interests. The clerk of said board of trustees shall cause printed or written notices to be posted specifying the time and place of holding such election and the time during which the

ballot box shall be kept open, not less, however, than three hours, and further specifying at what hour other business shall be transacted. Said notice shall be posted it three public places in the district, one of which shall be the school house, if there be one, at least ten days previous to such time of election.

If the clerk fail to give such notice, then any two legal voters residing in the district may give such notice over their own names, and such election may be held after the day fixed in this Act for such election. All elections shall be by ballot the polls shall be opened by one of the board of trustees, or by any qualified elector if no trustee be present at the time specified in the notice. If no time is specified in the notice then the polls shall be opened at one o'clock p. m. and closed at five o'clock p. m. of the same day. Said election shall be conducted as any other county elections, except that one judge and one clerk may constitute a board of election, and any trustee may administer the oath to the said judge and clerk. Said judge and clerk shall make return of such election to the county superintendent immediately, which return shall be filed in the office of the county superintendent: Provided, further, That it shall be lawful at such annual meeting and election on said first Monday in June to vote upon the question of whether or not any special tax shall be levied for any purpose, such as building or repairing school houses, or for the support of public schools in the district; said meeting may first decide the rate to be levied, not to exceed ten mills on the dollar of taxable property, then proceed to ballot, on which ballot shall be written or printed "Tax-Yes" or "Tax-No" and none but actual resident freeholders or heads of families of said district are entitled to vote at such election: Provided, That for the purpose of this Act both husband and wife are to be considered a head of a family. A separate ballot box shall be used for voting on any question of taxation or other business concerning schools and school interests, from that used in voting for trustees. If a majority of the votes polled at such election are in favor of a tax, the board of trustees must immediately make such levy and certify the fact, the date thereof, and the rate of tax levied, the year for which levied and the number of the district to the clerk of the board of county commissioners and the county assessors, but not more than one such special tax shall be levied in any one year. Approved, March 6, 1899.

H. B. NO. 290.

AN ACT

TO AMEND SECTION 2764 OF CHAPTER 8, OF THE REVISED STATUTES OF IDAHO, PROVIDING FOR AUTHORIZING RELIGIOUS, SOCIAL, AND BENEVOLENT CORPORATIONS TO MORTGAGE

OR SELL PROPERTY HELD BY THEM.

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

SECTION I. That section 2764 of chapter 8 of the Revised Statutes of Idaho, providing for authorizing religious, social and benevolent, corporations to mortgage or sell property held by them, be amended to read as follows:

Section 2764. Religious, social and benevolent corporations, through their directors or trustees, may mortgage or sell real property held by them whenever a majority of the members of the said corporation may so direct by their vote: Provided, That notice of the intended vote on the proposition be published in three newspapers of general circulation at least once in