power to order reappraised, any State lands when, in the judgment of the said Board, the best interests of the State of Idaho would be served

thereby.

SEC. 19. When in the opinion of the lessee, any lands leased to him required to be summer-fallowed, and he summer-fallows any part or the whole thereof, then for the year in which summer-fallowing is done no rental shall be charged for the acreage so summer-fallowed.

SEC. 20. On the last business day of each month county treasurers of counties wherein State lands have been sold or leased shall transmit to the State Treasurer all moneys received on account of such sales or leases, and shall at the same time forward to the State Auditor a statement of the amount of moneys transmitted. Such statement shall show the class and character of the lands sold or leased and the amount received for each. And any county treasurer withholding any money, the proceeds of the sale or rental of State lands for a period of five days beyond the time when the same should be transmitted to the State Treasurer shall be liable on his official bond for double the amount withheld. All sums recovered for a violation of this provision shall be paid into and become a part of the general school fund of the State.

SEC. 21. Persons appointed to appraise land as hereinbefore provided, if other than the regularly appointed selecting agents, shall each be allowed the sum of five dollars per day, and ten cents a mile for each mile necessarily and actually traveled in making appraisements.

The publisher of any advertisement or notice shall be allowed the fees fixed by law for publishing legal notices.

The members of the State Board or their agent shall be reimbursed their actual traveling expenses in making sales of lands and timber. County treasurers shall be allowed, as compensation for all services performed by them in connection with the sale and leasing of lands and timber, one per cent. on all funds, arising from such sales or leases, receipted for and transmitted to the State Treasurer.

SEC. 22. The State Board of Land Commissioners, under the provisions of this Act, shall meet on the second Wednesday of each month. The Governor shall be chairman and the Attorney-General secretary, thereof. They shall keep a record of their proceedings and of all orders made by them. No order shall be made except upon the concurrence of at least three members of the Board.

SEC. 23. The State Board shall, at their regular meetings, make the necessary orders for the investment or disposal of the funds derived from the sale of public lands of the State (except University lands) then in the State treasury. The proceeds of the sale and rental of public lands of the State (other than University lands), may be invested for and on account of the specific purpose for which the lands were granted, and shall be invested in United States bonds, State bonds, or in first mortgages on improved farms within the State: but no loan secured by mortgage on such improved land, shall exceed one-third of the market value of the land exclusive of improvements, given as security for such loan.

Whenever the State Board shall order the investment of any part of the general school fund; or of any permanent fund held for investment, said Board shall notify the State Auditor of such order, and the State Auditor shall draw a warrant for the amount stated in the notice in favor of the chairman and secretary of the Board, and the State Treasurer

shall pay such warrant out of the funds designated. The annual interest on all loans herein provided for shall be seven per cent.

SEC. 24. Any portion of the public lands of this State adjoining the site of any city or town may be subdivided into lots and sold as herein provided, the State Board being satisfied that by a subdivision of any tract into lots the sale of the same could be made for a greater amount than if sold in legal subdivisions as designated by United States surveys. The State Board shall have authority to employ the necessary surveyors to survey such tracts to be subdivided, into lots of such size as the State Board shall determine. A plat of the surveys so made shall be filed in the office of the county recorder of the county wherein the land is situated and a copy thereof, filed in the office of the State Board. Tracts so subdivided shall not be subject to lease, but each lot shall be sold at public auction at such times as the State Board may direct. The appraisement and sale of such subdivided lands shall be in all respects the same as in the case of other lands sold.

SEC. 25.

The State Auditor shall charge each of the county treasurers in the State with the amount of money, rental and interest and principal separately, received from the sale or lease of lands in their respective counties, as shown by the "duplicate receipts" forwarded by the county auditors of the several counties, and upon presentation of the State Treasurer's receipt, shall credit the several county treasurers with the amount of the same.

SEC. 26. Lands sold under the provisions of this Act shall not be taxed until the right to a deed shall have become absolute, except for the value of the interest therein of the purchaser thereof, which interest. shall be determined by the amount paid on such land and the amount invested in improvements on such lands.

SEC. 27. The State Board shall set apart and reserve from sale, such tracts of timber land and the timber thereon, at and near the sources of the rivers of the State, as may in the opinion of the Board be required to preserve the forests of the State and prevent a diminution of the flow of the said rivers.

SEC. 28. Every person who willfully and without authority enters upon the public lands of the State and cuts down, destroys or injures, any kind of wood or timber, standing or growing upon such lands, or who willfully and without authority carries away any kind of wood or timber lying on such lands is guilty of a misdemeanor.

SEC. 29. Every person who willfully and without authority enters upon the public lands of the State and cuts down, destroys or injures any kind of wood or timber growing upon such lands for the purpose of shipping, freighting, floating or otherwise transporting such wood or timber out of the State or who shall ship, freight or float, or otherwise transport out of the State any wood or timber cut upon the public lands of the State shall be guilty of a felony.

SEC. 30. The State Board shall have power to make all needful rules and regulations, not inconsistent with the provisions of this Act, for carrying the provisions of this Act into effect, and shall supply all records, books and papers that may be required for the purposes of this Act.

SEC. 31. The Secretary of the Board shall cause the State to be properly represented in all suits, actions, controversies or claims relating to State lands or timber before the several United States land offices in this

State, before the general land office in Washington, D. C., and before the courts of this State and of the United States: and may employ a competent attorney or attorneys for such purposes.

SEC. 32. An Act entitled "an Act defining the duties of the State Board of Land Commissioners to provide for the selection, location, protection, sale, rental and general management of the public lands of the State, and for the investment of funds arising from the sale and leasing of such lands, approved February 26, 1891, and all acts and parts of acts in conflict with this Act are hereby repealed.

SEC. 33.

An emergency existing therefor this Act shall be in force from and after its passage.

Approved the 2nd day of February, 1899.

H. B. NO. 36.

AN ACT

DEFINING THE BOUNDARY LINE OF IDAHO COUNTY, AND PROVIDING FOR A SURVEY OF A PORTION OF THE SAME.

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

SECTION I. The boundaries of the County of Idaho shall hereafter be as follows:

Commencing at the junction of Salmon river with Snake river; thence up the middle of the channel of Salmon river to the mouth of Deep creek; thence up the middle of the channel of Deep creek to the mouth of the Right Fork of Deep creek; thence up the middle of the channel of said Right Fork of Deep creek to the point where the line between ranges one (1) and two (2) west, of Boise meridian, crosses Deep creek; thence due north along said line to the point where said line crosses Willow creek; thence down the middle of the channel of Willow creek to its junction with Lawyers' canyon; thence down the middle of the channel of Lawyers' canyon to its junction with the Clearwater river; thence down the middle of the channel of Clearwater river to the mouth of Lolo creek; thence up the middle of the channel of Lolo creek to the head of Lolo creek, and thence in a direct line to the Lolo pass at the summit of the Bitter Root mountains; thence southeasterly and southerly following the present defined boundary line between the State of Idaho and Montana to the northwest corner of Lemhi County; thence south to the present line of Custer County; thence southwesterly along the present line between Idaho and Custer Counties to the present line of Boise County; thence along the present line between Idaho and Boise Counties to the east line of Washington County; thence along said line between Idaho and Washington Counties to the head of the falls at the lower end of Round valley; thence due west to Snake river; thence following the middle of the channel of Snake river to the place of beginning.

SEC. 2. That portion of the boundary line defined in section 1 of this Act between the head of Lolo creek and the Lolo pass of the Bitter Root mountains shall be surveyed and definitely located and marked by the surveyors of the counties of Idaho and Shoshone, acting jointly, under the direction of the respective boards of county commissioners, between the first day of August and the first day of October, 1891.

SEC. 3.

The expenses incurred in such survey and determination shall be borne equally by the said counties of Shoshone and Idaho.

SEC. 4. Should either Idaho or Shoshone County fail, neglect or refuse to assist in making the survey provided for in section 2 of this Act, then the other county is hereby empowered to make such survey independently; and the county making such survey independently shall be entitled to recover one-half the amount of expenses incurred in such independent survey from the county so failing, neglecting or refusing, in any court of competent jurisdiction. All acts or parts of acts in conflict with this Act are hereby

SEC. 5.

repealed.

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

Approved the 2nd day of February, 1899.

H. B. NO. 37.

AN ACT

TO PROVIDE FOR THE FILING OF TRANSCRIPTS OF THE JUDGMENTS IN THE FEDERAL COURTS IN THE COUNTIES OF THIS STATE, AND REGULATING THE FEES THEREFOR; FIXING THE

LIEN THEREUNDER AND THE MANNER OF DISCHARGING THE SAME.

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

Judgments in the district or circuit courts of the United States if rendered in this State, may be made liens upon the real estate owned by the defendant, and also upon all real estate he may subsequently acquire, the same as if obtained in the district court of the State, by filing an attested copy of the judgments in the office of the county recorder of the county in which the real estate is situated; and no lien shall attach to the lands or other realty in any county of this State until the date of filing such transcript, except in the county wherein the judgment was rendered, in which case the lien shall attach from the date of such rendition.

SEC. 2. The recorder shall, on the filing of such trauscript in his office, immediately proceed to record and index the same in a separate book for that purpose, in the same manner as a judgment rendered in the court of his own county, and he shall be allowed to charge and receive the same fees as provided by law for like service.

SEC. 3When the amount due on any judgment is paid off or satisfied in full, the plaintiff, or those legally acting for him, must acknowledge satisfaction thereof in the margin of the record of the judgment, or by the execution of an instrument in writing, referring to the judgment, and to have it duly acknowledged and filed in the office of the recorder of the county, in every county where the judgment is a lien. If he fails to do so within sixty days after having been requested in writing so to do, he shall forfeit to the defendant the sum of fifty dollars.

SEC. 4.

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

Approved the 2nd day of February, 1899.

H. B. NO. 38.

AN ACT

AUTHORIZING RAILROAD CORPORATIONS TO CONSTRUCT BRANCHES AND EXTENSIONS FROM THEIR RAILROADS AND FROM THE RAILROADS OF OTHER RAILROAD CORPORATIONS CONNECTING WITH OR USED IN CONNECTION WITH THEIR ROADS, AND TO CONSOLIDATE WITH OTHER RAILROAD CORPORATIONS AND TO LEASE, PURCHASE AND OPERATE THE RAILROADS OF OTHER RAILROAD CORPORATIONS.

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

SECTION 1. Any railroad corporation chartered by or organized under the laws of this State, or of any State or Territory, or under the laws of the United States and authorized to do business in this State, may extend its railroad from any point named in its charter or articles of incorporation, or may build branch roads, either from any point on its line of road or from any point on the line of any other railroad connecting, or to be connected, with its road, the use of which other road between such points and the connection with its own road such corporation shall have secured by lease or agreement for a term of not less than ten years from its date. Before making any such extension, or building any such branch road, such corporation shall, by resolution of its directors or trustees, to be entered in the record of its proceedings, designate the route of such proposed extension or branch by indicating the place from and to which said railroad is to be constructed, and the estimated length of such railroad, and the name of each county in this State through or into which it is constructed or intended to be constructed, and file a copy of such record, certified by the president and secretary, in the office of the Sec retary of State, who shall indorse thereon the date of filing thereof and record the same. Thereupon such corporation shall have all the rights and privileges to make such extension or build such branch, and receive aid thereto, which it would have had if it had been authorized in its charter or articles of incorporation.

SEC. 2. Any such railroad corporation may consolidate its stock, franchises and property with any other railroad corporation, whether within or without the State, when such other railroad corporation does not own any competing line of railroad, upon such terms as may be agreed upon, and become one corporation, by any name selected, which, within this State, shall possess all the powers, franchises and immunities, including the right of further consolidation with other corporations under this section, and be subject to all the liabilities and restrictions such as such corporations peculiarly possess, or were subject to at the time of consolidation by the laws then in force applicable to them or either of them. Articles stating the terms of consolidation shall be approved by each corporation by a vote of the stockholders owning a majority of the stock, in person or by proxy, at the regular annual meeting thereof, or a special meeting called for that purpose in the manner provided by the by-laws of the respective consolidating corporations, or by the consent in writing of such stockholders annexed to such articles; and a copy thereof, with a copy of the records of such approval or such consent, and accompanied by lists of their stockholders and the numbers of shares held by each, duly certified by the respective presidents and secretaries, with the respective corporate seals of such corporations affixed, shall be filed for record in the office of [the] Secretary of State before any such consolidation shall have any validity or effect.

Any railroad corporation whose line is wholly or in part within this