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each of the three weeks immediately preceding the vote: Provided, The newspapers shall be published in the county in which the said real property is located or in the judicial district in which the property is located if there be not three newspapers published in the county.

Approved, March 6, 1899.

H. B. NO. 298

AN ACT PROVIDING FOR THE APPOINTMENT OF A GENERAL STATE HORTICULTURAL INSPECTOR AND

DEFINING THE DUTIES OF SUCH OFFICER AND OF DISTRICT STATE HORTICULTURAL INSPECTORS; AMENDING SECTIONS 4, 5, 6 AND 16 OF AN ACT ENTITLED “AN ACT TO DEFINE THE DUTIES OF THE STATE BOARD OF HORTICULTURAL INSPECTION, APPROPRIATE MONEY FOR THE EXPENSES THEREOF, AND TO PREVENT THE GIFT, SALE, DISTRIBUTION, TRANSPORTATION OR PLANTING OF INFESTED TREES, PLANTS, CUTTINGS, GRAFTS, SCIONS, BUDS OR OTHER HORTICULTURAL MATERIAL; AND TO PROVIDE FOR DISINFECTION OR DESTRUCTION OF THE SAME, AND PRESCRIBING PENALTIES FOR FAILCRE TO COMPLY WITH THE PROVISIONS OF THIS ACT" APPROVED FEBRUARY 10, 1899.

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

SECTION 1. Section four of said Act is hereby amended to read as follows: Section 4.

Said Board shall divide the State into not more than ten districts, and shall appoint a horticultural inspector for each district so established. The persons so appointed shall be specially qualified for their positions by reason of practical knowledge of horticulture and the pests incident thereto. Their jurisdiction shall be limited to their respective districts: Provided, That said Board shall have authority and power to appoint a General State Inspector, who sliall have jurisdiction throughout the entire State, and shall fix his duties and compensation; which compensation shall not exceed the sum of six dollars per day. Said inspectors shall hold their offices during the pleasure of the Board, and shall be furnished with all necessary blanks by said Board. Said Board shall make an estimate of the amount of money available for each of said districts and for the State at large, and no inspector shall incur any expense of any kind under this Act in excess of said estimate furnished him by the said State Board. The aggregate sum of all the estimates furnished to the various inspectors for any year must in no case exceed the appropriation available for carrying out this Act for such year. SEC. 2.

Section five of said Act is hereby amended to read as follows: Section 5.

Each inspector so appointed, except the General State Inspector, shall receive as compensation for his services, as such inspector, the sum of not to exceed five dollars per day for each day actually and necessarily employed in the discharge of his duties as prescribed by this Act. Such compensation shall be paid out of the general fund of the State, upon warrants drawn by the State Auditor, only after the bills presented for such services shall have been audited and approved by the secretary and a majority of the members of said Board and audited as other bills against the State of Idaho.

Section six of said act is hereby amended to read as follows: Section 6. It shall be the duty of said inspectors, either upon their own motion, or upon the complaint of interested parties, to enter and make, or cause to be made, inspections of any field, rights of way of irrigation canals or railways, public highways, orchard, nursery, fruit packing houses, storeroom, salesroom, depot, or other places where fruits are grown or stored, and of fruits, trees, plants, vines, or other horticultural material within the

SEC. 3.

State, supposed to be, or liable to be, infested with fruit pests, or with their eggs, or larvae, or infested with contagious diseases injurious to fruits, plants, trees, or vines, as hereinafter provided. If upon any inspection there be found any disease or pest, eggs or larvae, of any pest injurious to fruits, plants, trees, or vines, the inspector shall notify the owner or owners, or the person or persons in charge or in possession of said places, orchards, nurseries, trees, plants, fruits, and horticultural material as aforesaid; the inspector shall require such person or persons to eradicate or destroy said injurious pests or other insects, or their eggs or larvae, within a reasonable time to be specified. Said notice shall be served in person or in writing on said person or persons, or either of them, owning or having in charge such infested place, orchard, nursery, trees, plants, vines, fruit, or horticultural articles as visited by the inspector, or it may be served in the same manner as the summons in a civil action. If the owner or owners, or the person or persons in charge or possession of any orchard or nursery, or trees or plants, or horticultural articles infested with insects or any of them, or their eggs or larvae, after having been notified as above to destroy the same, shall fail, neglect, or refuse so to do, then any and all such places, public highways, orchards, nurseries, trees, plants, vines, fruit or articles thus infested are adjudged and declared to be a public nuisance and shall be proceeded against as such; and whenever any such nuisance shall exist at any place in the State or on the property of any non-resident, or on any highway as aforesaid, or any property, the owner or owners of which cannot be found within the State, or on any property where notice has been served as aforesaid, and where the owner or those in possession shall refuse or neglect to abate such nuisance within the time specified, it shall be the duty of the district inspector within the county wherein the nuisance is to be abated, or State Inspector, or either, and he is hereby empowered to cause said nuisance to be abated at once by eradicating or destroying all said pests, or their eggs or larvae; or by disinfecting or destroying all fruit, vines, plants or other articles upon which any of said fungous diseases, pests or their eggs or larvae may be found. The expense of such proceedings shall be paid out of the general fund of the State in the same manner as above set forth for paying said, inspectors. All sums so paid shall be collected against the parties owning said real estate on which such nuisance was situated, by civil suit in the name of the Board herein created, and it shall be duty of the county attorney of the county in which such real estate is situated to bring said suit; and said sum when collected shall be paid into the State treasury.

Section sixteen of said act is hereby amended to read as follows. Section 16. Inexcusable neglect or refusal to comply with the orders of an inspector, made in pursuance of the provisions of this Act, shall constitute a misdemeanor and shall be punishable as provided for misdemeanors in section 12 of this Act.

All acts and parts of acts in conflict with this Act are hereby repealed. SEC. 6.

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

Approved, March 7, 1899.

SEC. 4.

Sec. 5.

H. B. NO. 301.

AN ACT ACTHORISING AND EMPOWERING THE STATE BOARD OF LAND COMMISSIONERS TO ACCEPTA

DEED FROM THE MORTGAGOR OF LANDS, ON WHICH A MORTGAGE HAS BEEN GIVEN OR IS HELD BY THE STATE FOR SCHOOL MONEYS LOANED; AND PRESCRIBING THE DUTIES OF THE ATTORNEY GENERAL.

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

SECTION 1. That in all cases where school moneys have been advanced, furnished or loaned to companies, corporations or individuals, by the State Board of Land Commissioners, and a mortgage for the payment of same has been taken on improved farın lands, as provided by the Constitution, and the said money has become due, and remains unpaid, the State Board of Land Coinmissioners are hereby empowered, and they may in their discretion receive and accept from the said mortgagor a warranty deed to the property inortgaged in full satisfaction of the debt due the State upon said mortgage, and surrender the note to the mortgagor and receipt him in full for the debt due thereon.

Sec. 2. It shall be the duty of the Board to hold said land in trust for the school fund of the State, said lands shall be appraised and subject to sale or lease as by law required.

The moneys received froin the sale, lease, or rental of any lands as in this Act provided or by law allowed, shall be paid into the school fund of the State to be disbursed as other school moneys.

In any case where any mortgage is held by the State Board of Land Commissioners for any school money due, it shall be the duty of the Attorney General, when directed by the Board of Land Commissioners, to file foreclosure proceedings in the proper court and prosecute same to judgment, and to look after and care for the State's interests in every stage of the proceedings until finally determined. SEC. 5.

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

Sec. 6. An emergency existing therefor, this Act shall be in force and take effect from and after its passage.

Approved, March 6, 1899.

SEC. 3

SEC. 4.

H. B. NO, 305

AN ACT
REPEALING SECTION 1679 REVISED STATUTES OF IDAHO.
Be it enacted by the Legislature of the State of Idaho:

SECTION 1. . That section 1679 Revised Statutes of Idalio be, and the same is hereby repealed.

Approved, March 7, 1899.

H. B. NO. 308.

AN ACT RELATING TO HOLDING OF TEACHERS' INSTITUTES AND AMENDING SECTIONS 51, 52, 53, AND

54 OF CHAPTER 8 OF ACT ENTITLED "AN ACT TO MAINTAIN A SYSTEM OF FREE SCHOOLS"

APPROVED FEBRUARY 6Th, 1899.
Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That sections 51, 52, 53 and 54 of chapter 8 of an Act approved February 6th, 1899 be amended to read as follows:

Section 51. The county superintendent of each county in this State inust hold annually a teachers' institute at such time as he may designate, and such institute must continue in session not less than five vor more than fifteen days. He must give at least ten days notice of the time and place of holding such institute by publication in some newspaper published in the county or by a written notice to each qualified teacher in the county. Provided, That two or more adjoining counties may upite in holding a joint institute under the joint supervision of the county superintendents of such counties. Section 52.

It is the duty of all teachers engaged in the county and of all persons holding certificates, to attend such institute and participate in the exercise thereof, and all teachers who may have charge of schools at the time of holding the annual institute must adjourn their schools for the time during which the institute is held. Provided, That when joint institutes are held in accordance with the provisions of section 51 it shall be the duty of all teachers in said counties and of all persons holding certificates therein, to attend such joint institute.

Section 53 All teachers who may adjourn school for the purpose of attending any annual county or joint institute must be allowed the same pay while in actual attendance, as when teaching, and the county superintendent must certify to the unber of days attendance of each teacher, and the trustees of the several districts must count them as so many days lawfully employed.

Section 54. The county superintendent shall procure the services of one or more competent persons to assist in conducting said institute; he must also provide a building, lights, stationery, janitor service, and all things necessary for the holding of the institute; and must present an itemized account of such expenses not to exceed one hundred and fifty dollars, exclusive of the amount received from fees of applicants for teachers' certificates to the auditor of his county, and the county auditor shall issue a warrant in favor of the county superintendent equal to the amount of such expenses. Provided, In case joint institutes are held as provided in section 51, the county superintendents of the counties holding such institutes shall each present an itemized account of such expenses as aforesaid to the auditor of his county and the expenses thereof shall be borne equally by such counties, and the county auditor shall issue a warrant in favor of the county superintendent for the part chargeable against such county.

Sec. 2. All acts and parts of acts in conflict with this Act are hereby repealed.

Approved, March 7, 1899.

II. B. NO. 313.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO DEFINE THE MANNEX OF LOCATING LODE, QUARTZ

AND PLACER CLAIMS; TO DETERMINE BOUNDARIES THEREOF; TO PROVIDE FOR DIS-
COVERY SHAFTS OR CROSS-CUTS; TO DETERMINE THE FORM OF LOCATION CERTIFICATES;
TO PROVIDE FOR THE LOCATION OF ABANDONED CLAIMS, ASSESSMENT WORK, AND PROOF
THEREOF, AND FOR AVENDMENT OF LOCATION NOTICES; TO PROVIDE FOR SECURITY FOR
SURFACE OWNERS; TO AMEND SECTIONS 3100, 3101, 3103, 3104, 3105, AND TO REPEAL
SECTION 3102, OP CHAPTER 1, TITLE 8, AND SECTIOxs 3120, 3121, AND 3192 OP CHAPTER
2. TITLE 8 REVISED STATCTES OF THE STATE OF IDAHO, AND TO PROVIDE FOR RE-
CORDER'S FEES," APPROVED FEBRUARY 14, 1899, AND TO AMEND SECTION 2. AND SEC.

TION 6, WHICH AMENDS SECTION 3101 OF THE REVISED STATUTES OF IDAHO.
Be it enacted by the Legislature of the State of Idaho:
SECTION 1.

That section 2 of the re-enacted House Bill No. 117, approved Feb. .., 1899, amending section 3101 of the Revised Statutes of Idaho be amended to read as follows: Section 3101.

The locator, at the time of making the discovery of such vein or lode, must erect a monument at such place of discovery, upon which he must place his name, the name of the claim, the date of discovery and distance claimed along the vein each way from such monument. Within ten days from the date of discovery, he must mark the boundaries of his claim by establishing at each corner thereof aud at any angle in the side lines, a monument, marked with the name of the claim and the corner or angle it represents; also at the time of so marking his boundaries, he must post at his discovery monument his notice of location in which must be stated: First, the name of the locator; second, the name of the claim; third, the date of discovery; fourth, the direction and distance claimed along the ledge from the discovery; fifth, the distance claimed on each side of the middle of the ledge; sixth, the distance and direction from the discovery monument, to such natural object or permanent monument, if any such there e, as will fix and describe in the notice itself, the location of the claim and seventh, the name of the mining district, county and State. When from any cause, a monument can not be safely planted at the true corner or angle, it may be placed as near thereto as practicable, and so marked as to indicate the place of such corner or angle. Monuments may be made of any such material or form as will readily give notice, and when of posts or trees, they must be used (hewn) and marked upon the side facing towards the discovery, and must be at least four inches square or in diameter.

Monuments must be at least four feet high above the ground, and trees must be so hewn as to readily attract attention. At the time the locator so marks the boundaries of his claim, he may do so in any direction that will not interfere with rights or claims which existed prior to his discovery.

SEC. 2. That section 6 of re-enacted House Bill No. 117 approved February.., 1899, amending sections 3101 of the Revised Statutes of Idaho be amended to read as follows:

Section 6. Within sixty days after any time set or period allowed the performance of labor, or making improvements upon any lode, or placer claim, the person in whose behalf such work or improvement is performed or some person for him must make and record an affidavit in substance as follows:

State of Idaho
County of....

Before me the subscribed, personally appeared... who being first duly sworn says that at least...

dollars worth of work for improvements were performed or made upon. claim, situate in ..

...mining district, county of.. State of Idaho: That such expenditure was made by, for, or at the ex

owner of said claim for the purpose of holding said claim and all stakes monuments or trees marking boundaries of said claims are in proper place and positions.

SS

pense of..

Subscribed and sworn to before me this.

day of

189..

The fee for administering the oath and recording the foregoing affidavit, when taken before the county recorder or deputy mining recorder shall

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