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be fifty cents; the fee for recording the same when the oath is taken before any other officer authorized to administer oaths shall be fifty cents.
Such affidavit, or a certified copy thereof in case the original is lost shall be prima facie evidence of the performance of such labor. The failure to file such affidavit shall be considered prima facie evidence that such labor has not been done.
All acts or parts of acts in conflict with this Act are hereby repealed.
Sec. 4. Whereas an emergency exists, therefor this Act shall take effect and be in force from and after its passage.
Approved, March 13, 1899.
11. B. NO. 314.
CONCERNING MINING TUNNELS.
Be it enacted by the Legislature of the State of Idaho:
SECTION 1. Any person or company who has or may hereafter have a tunnel or cross-cut, the mouth of which is located upon his own ground or upon ground in his lawful occupation, shall have the right to drive and continue the same through and across any located or patented claim in front of the mouth of such tunnel, but not to follow or drive upon any vein belonging to the owner of such claim.
SEC. 2. Each tunnel or cross-cut may be driven and worked for the purpose of drainage and for the purpose of reaching and working mining ground of the tunnel owner beyond the intersected claim. The owner or owners of any vein or any claim or claims so intersected or his duly authorized agent shall have the right to enter such tunnel upon application to the owner or owners or person in charge of said tunnel without resorting to any process of law for the purpose of making a survey and inspecting such vein or veins as may be crossed within the boundary lines of such intersected claim, and if the owner or owners of such tunnel shall, by bulk-heading, damming back or in any manner prevent the inspection or survey herein provided for, or if such owner or owners shall in any manner prevent the natural drainage of water from such intersected claim or claims without the consent of the owner or owners thereof, it shall work a forfeiture of all rights granted under section one of this Act. SEC. 3
If any ore, the property of the owner of the claim intersected or crossed, be extracted in driving such tunnel, it shall be the property of the owner of the vein from which it was taken and the owner of the tunnel shall be liable for all actual damages or injury done to the owner of the claim crossed by his tunnel.
In all actions between the tunnel owner and others involving the right to any vein discovered in such tunnel, the burden of proving that the vein so discovered is not the property of the adverse claimant in such action shall be on the tunnel owner.
All acts or parts of acts in conflict with the provisions of this Act are hereby repealed. SEC. 6.
Whereas an emergency exists, this Act shall be in force and take effect froin and after its passage and approval by the Governor.
Approved, March 15, 1899.
H. B. NO. 322.
BONDS BY COUNTIES FOR CERTAIN PUR-
COUPON BONDS FOR THE
POSES IN EXCESS OF THE INCOME OR REVENUE
JOINING THE LIMITS OF ANY SUCH CITY OR VILLAGE.
SECTION 1. That section 3604 in section one of an act of the Legislature of the State of Idaho, of an act entitled "an act to amend chapter six in title 13 of the Revised Statutes of Idaho," be, and it hereby is, amended so as to read as follows, to-wit:
Section 3604. When the interests of the county require it and the board of commissioners of the county deem it for the public good to bond the county to fund or refund the outstanding obligations of the county, or bond the county for the purpose of acquiring funds for purchasing a site and erecting a court house and jail or a jail thereon, or for the construction or repair of roads or bridges, or to assist any city or village in said county in constructing a free bridge over any navigable stream within, or partly within, or adjoining the limits of any such city or village, or for any one or more of said purposes, and the indebtedness or liability of the county that may be created by the bonding, funding, or refunding aforesaid, or in purchasing a site and erecting a court house and jail or a jail thereon, and for the construction or repair of roads or bridges, or for assisting any city or village in the construction of any such free bridge as aforesaid, or for any one
or more of said purposes, exceeds the income or revenue of the county for that year, the board of commissioners may issue bonds of the county as provided by section 3602 of this Act; Provided, that the issuance of such bonds be first authorized by a vote of two-thirds of the qualified electors of the county voting at an election held for that purpose, as hereinafter provided.
And provided further, that before the board of county commissioners shall issue any bonds to fund or refund the indebtedness of the county as in this section provided, they shall deduct from the legal indebtedness of the county at the time of the issue of said bonds, the cash on hand in the county treasury applicable to the discharge of said indebtedness, and may issue bonds for the remainder of the indebtedness.
SEC. 2. That all acts or parts of acts, either general or special, inconsistent with the provisions of this Act or any part thereof, are hereby repealed.
An emergency existing therefor, this Act shall be in force and effect from and after its passage and approval.
Approved, March 14, 1899.
H. B. NO. 332.
AN ACT RELATING TO LAND ACQUIRED BY THE STATE BY FORFEITURE, FORECLOSURE OR ESCHEAT. Be it enacted by the Legislature of the State of Idaho:
SECTION 1. All lands, title to which is acquired by the State by foreclosure or otherwise, on loans of school funds, and all lands which escheat to the State by virtue of section 5717 of the Revised Statutes or otherwise, shall be held and treated as school lands, and may be sold and disposed of in the same manner. SEC. 2.
Said lands shall be under the charge and control of the State Land Board.
All acts and parts of acts in conflict herewith are hereby repealed, and whereas an einergency exists therefor, this Act shall be in force from and after its passage and approval.
Approved, March 6, 1899.
H. B. No. 333.
AN ACT TO AMEND SECTION 7 (CONCERNING STREETS AND SIDEWALKS, SEWERS AND SPECIAL TAX
THEREFOR) OF AN ACT OF THE LEGISLATIVE ASSEMBLY OF THE TERRITORY OF IDAHO, ENTITLED "AN ACT TO AMEND THE CHARTER OF THE CITY OF LEWISTON," APPROVED FEBRUARY 9, 1881, BY ADDING THERETO AUTHORITY TO GRADE, CURB, GUTTER, PAVE, MACADAMIZE OR PLANK STREETS AND ALLEYS, AND AUTHORITY TO LEVY AND COLLECT SPECIAL ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY ANY SUCH IMPROVEMENTS AND ANY IMPROVEMENTS PROVIDED FOR IN SAID SECTION 7, AND PROVIDING
FOR THE COLLECTION THEREOF UPON THE PROPERTY BENEFITED. Be it enacted by the Legislature of the State of Idaho:
SECTION I. That section 7 of an act of the Legislative Assembly of the Territory of Idaho, entitled "An act to amend the charter of the city of Lewiston," approved February 9, 1881, be and it hereby is, amended to read as follows, to-wit: Section 7.
To provide for clearing, opening, graveling, grading, curbing, guttering, and paving; inacadamizing, planking, improving, constructing and repairing streets, highways and alleys, and sidewalks aud gutters, and for the prevention and reinoval of all obstructions therefrom, or from any cross or side walks, and to regulate any cellar or cellar of sidewalk, in the city; to provide for clearing streets and for constructing sewers, and cleaning and repairing the same, and to assess, levy and collect annually a road poll tax (not less than one vor more than six dollars) on every male inhabitant of the city, between the ages of 21 and 50 years, excepting persons who are a public charge; also a special tax on property not less than one, por more than five mills per centum annually on the taxable property within the city, which taxes shall be expended for the purposes specified in this section, except sidewalks.
Said city is also empowered, for the purpose of grading, curbing, guttering, paving, repairing, graveling, macadamizing, planking or improving streets and alleys, or any of said purposes, to levy special assessnients on the lots and parcels of land benefited by any such improvements in proportion to the benefits to said lots and parcels of land respectively. Unless two-thirds of the owners of the property having a frontage on any street or alley, or portion thereof, to be improved, as aforesaid, petition to make the saine, such improvements shall not be made.
For the purpose of levying any such special assessment, the council shall, at a general or special meeting, by resolution, fix and describe the property which will be benefited by making such improvement, which resolution shall fix a time and place when the council will meet for the purpose of hearing objections to the inclusion of any particular parcel or parcels of land included, within the limits of the district to be benefited, and for the purpose of hearing requests for the inclusion of additional tracts or parcels of land within said district not theretofore included, which time for such meeting shall not be less than thirty days from the date of such resolution and said resolution shall be published for not less than twenty days prior to the date of such meeting in some newspaper, daily, weekly or otherwise, published in the city of Lewiston. At such meeting for the purpose of hearing objections the council shall hear any and all evidence submitted by any parties in interest and shall modify the limits of the district to be benefited by such improvement as they shall deemn such evidence to require. If the limits of the district to be benefited are inodified, the council shall, by resolution, define such modifications, which resolution shall designate a time and place not less than twenty days from the date of the resolution when any person may appear before the council and object to the inclusion of any additional tract within the limits of the district to be benefited by such improvements and such resolution shall be published for not less than ten days prior to such meeting in some newspaper, daily, weekly or otherwise, published in the city of Lewiston, and at such meeting the council shall hear any and all evidence submitted against the inclusion of any such additional parcels and shall by resolution finally determine the district to be benefited by such improvements. The conucil shall thereupon, as soon as may be, at any generál or special meeting by resolution, fix aud deterinine the amount to be assessed against each lot or parcel of land iucluded within said district to be benefited for the purposes of such improvement, taking into consideration the benefits derived, or injuries sustained in consequence of such improvements and the amount charged against the same, which, with the vote thereon by yeas and nays shall be spread at length upon the minutes. After the completion of the apportionment and assessment of the benefit of separate parcels and tracts of land, as aforesaid, the council shall cause to be published in some newspaper, daily, weekly or otherwise, published in said city, a notice for not less than one month, of the time and place of a meeting, general or special, of said council, at which objections would be heard to the assessments made and at such meeting, or any adjournment thereof, the council shall hear ali evidence submitted in behalf of any of the parties interested and take such action as such evidence may, in the opinion of the council, require: Provided, That if the council at such meeting increases the amount assessed against any parcel of land, the council shall cause the city clerk to publish a notice in some newspaper published in this city, weekly, daily or otherwise, for not less than ten days prior to a meeting, general or special of said council, at which objections could be heard to any such increased assessment, at which meeting the council shall hear any evidence submitted against any such increase and shall re-adjust the assessments as such evidence shall, in the judgment of the council, require.
All such assessments shall be known as special assessments for improvements and shall be levied and collected as a separate tax in addition to the taxes for general revenue purposes, and be placed on the tax roll for collection in the same manner and subject to the same penalties aud collected in like manner as other taxes of said city.
The council of said city shall, in their discretion, provide for the levy aud collection of such assessments in installinents instead of levying the entire assessment at one time, payable in installments of equal amounts each year, none of which said installments shall run longer than ten
years, or bear interest exceeding six per cent. per annum. All such assessments shall be made as hereinabove provided upon the property benefited, and levied and collected as hereinabove provided. The owner of any piece of property liable to any such special assessment may redeem his property from such liability by paying the entire assessment chargeable against his property (upon the city clerk, mailing him a written or priuted notice) thirty days before the same is due and collectible by paying all the installments of the assessments wbich have been levied, and also the amount of unlevied installments, with interest on the latter at the rate of six (6) per centum per annum from the date of the inaturity of the last installment. In all cases where installinents of assessments not yet levied and paid, as above provided, are paid, the same shall be paid to the city treasurer, who shall receipt therefor, and all sums so paid shall be applied solely to the payınent of such improvements or the redemption of the bonds issued therefor. Where any piece of property has been redeemed from liability for the cost of any improvement as herein provided, such property shall not thereafter be liable for further special assessment for the cost of such improvement, except as hereinafter provided. No suit to set aside the said special assessment or to enjoin the making of the same, shall be brought, por any defense to the validity thereof be allowed after the expiration, of thirty (30) days from the tiine the amount due on each lot or piece of land liable for such assessment is ascertained and confirmed by the city council. The funds raised by such assessments shall be applied solely towards the payment for such improvements and the redemption of the bonds issued therefor.
That in all cases of special assessment for local improvements of any kind against any property, persons or corporations whatsoever wherein said assessments have failed to be valid in whole or in part for want of form or insufficiency, informality or irregularity, or non-conformance with the charter provisions or laws governing such assessments, the city council shall be and they are hereby authorized to assess such special taxes or assessments and to enforce their collection in accordance with the provisions of law existing at the time the re-assessment is made: And it is further Provided, That whenever, for any cause, mistake or inadvertence the amount assessed shall not be sufficient to pay the cost of the improvement made and enjoyed by owners of property in the local assessment district where the same is made, that it shall be lawful, and the city council is hereby directed and authorized to make re-assessments on all the property in said local assessment district sufficient to pay for such improvement, such re-assessment to be made and collected in accordance with the provisions of the law or ordinance existing at the time of its levy.
That nothing herein shall be construed as repealing or modifying any existing manner and method for said city to make improvements as herein provided for, but shall be construed as an additional and concurrent power and authority.
All acts or parts of acts, general or special, inconsistent with the provisions of this Act, or any part thereof, are hereby repealed.
SEC. 2. An emergency existing therefor, this Act shall be in force and effect from and after its passage and approval.
Approved, March 6, 1899.