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acting officer shall be nominated by the incumbent of the office: Provided, That when the incumbent is unable or fails to so nominate, the Governor may appoint without such nomination.

SEC. 2. Nothing in this Act contained shall be construed to amend or repeal existing laws relating to filling vacancies in State offices. Whereas an emergency exists, therefore this Act shall take effect immediately.

SEC. 3.

Approved the 2nd day of February, 1899.

H. B. NO. 20.

AN ACT

CEDING TO THE UNITED STATES JURISDICTION OVER CERTAIN LANDS.

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

SECTION 1. That pursuant to article one, section eight, paragraph seventeen, of the Constitution of the United States, consent to purchase is hereby given and exclusive jurisdiction ceded to the United States over and with respect to all lands embraced within the military posts and reservations of Fort Sherman and Boise Barracks, together with such other lands in the State as may be now or hereafter acquired and held by the United States for military purposes, either as additions to the said posts or as new military posts or reservations which may be established for the common defense; and, also, all such lands within the State as may be included in the territory of the Yellowstone National Park, reserving, however, to this State a concurrent jurisdiction for the execution, upon said lands, or in the buildings erected thereon, of all process, civil or criminal, lawfully issued by the courts of the State and not incompatible with this cession.

SEC. 2. This Act shall take effect from and after its passage, an emergency existing therefor.

Approved the 2nd day of February, 1899.

H. B. NO. 21.

AN ACT

TO REPEAL SECTIONS FIVE HUNDRED AND THIRTEEN TO FIVE HUNDRED AND TWENTY-FOUR, BOTH INCLUSIVE, OF THE SPECIAL AND LOCAL LAWS RELATING TO ROADS AND HIGHWAYS AND ROAD CONTRACTS IN BOISE COUNTY.

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

SECTION I. That sections five hundred and thirteen, five hundred and fourteen, five hundred and fifteen, five hundred and sixteen, five hundred and seventeen, five hundred and eighteen, five hundred and nineteen, five hundred and twenty, five hundred and twenty-one, five hundred and twenty two, five hundred and twenty-three and five hundred and twenty-four of the special and local laws of Idaho relating to roads and highways in Boise County are hereby repealed.

SEC. 2. 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. 22.

AN ACT

TO DEFINE THE BOUNDARIES OF THE COUNTY OF WASHINGTON,

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

SECTION 1. That all those portions of territory, embraced and included within the following lines, towit: Commencing at a point on Snake river

where the Second Standard parallel, U. S. Survey, intersects the same; thence east along said line to where said line intersects the line dividing Boise and Canyon Counties; thence northerly upon said boundary line to the summit dividing the waters of the Payette and Weiser rivers; thence along said divide in a northerly direction to a point on said divide, known as Bigrock Flat, where the waters flow into Little Salmon; thence in a northeasterly direction on a low divide separating the waters of the Little Salmon and Payette rivers to a point due east of the northern point of Little Salmon Meadows; thence west to the Little Salmon river; thence down the Little Salmon river to a point due east of the point where the section line between sections 6 and 7 of township 22 north, range 1 east, Boise Meridian, intersects said meridian; thence due west to the middle of the main channel of Snake river; thence up said channel to the place of beginning, be, and the same is hereby, organized into a county to be called the County of Washington: Provided, That the County of Washington shall, at the sole expense of said Washington County, survey and mark by conspicuous monuments, not more than one mile apart, that portion of the boundary line of Washington County, as defined in this Act, extending from a certain point in the Little Salmon river in a due west course to Snake river.

SEC. 2. An Act entitled "An Act to better define the boundaries of the County of Washington, State of Idaho, amendatory to an Act approved February 20, 1879, entitled 'An Act to organize the County of Washington,'" approved February 11, 1891; and an Act approved February 20, 1879, entitled "An Act to organize the County of Washington," be, and the same are hereby repealed in so far as the same are in conflict with this Act.

SEC. 3. 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. 23.

AN ACT

SUPPLEMENTARY TO AN ACT ENTITLED AN ACT TO PROVIDE FOR A WAGON ROAD BETWEEN MT. IDAHO, IN IDAHO COUNTY, AND LITTLE SALMON MEADOWS, IN WASHINGTON COUNTY, APPROVED FEBRUARY 5, 1889.

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

SECTION I. That out of the surplus moneys remaining in the fund created by the act to which this is supplementary, to be applied to the construction of the wagon road described therein, the further sum of three thousand dollars ($3,000) is hereby appropriated for the construction of the Salmon river bridge, and expenses incident thereto, in the manner set forth in said act; and the further sum of one thousand dollars ($1,000) shall be expended by the Commissioners in the manner set forth in the act of which this is supplementary for the completion of the wagon road from Price Valley to Council Valley, in Washington County; and the residue of said appropriation shall be expended by the Commissioners appointed under said act in extending the State road, constructed under said act to which this act is supplementary, from a point upon said road at or near the head of Payette lakes, in Boise County, in a southerly direction through Long Valley, by the most practicable route, to be selected by said Commissioners, into Boise Valley, in Ada County;

and such road, when constructed, shall be subject to the provisions of said act to which this Act is supplementary; but nothing in this Act shall be construed to make any additional appropriation beyond the sum provided for by said original act: Provided, That the Commissioners shall view and locate so much of the road as lies in Boise County on or before July 1, 1891; and, Provided, further, That the time for the completion of the road provided for in this Act shall be extended to the first of December, 1891.

SEC. 2. An emergency existing 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. 24.

AN ACT

PROVIDING FOR THE ORGANIZATION. GOVERNMENT, AND DUTIES OF THE BOARD OF EXA MINERS CREATED BY SEC. 18 OF ART. IV OF THE CONSTITUTION.

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

SECTION 1. The Board of Examiners created by section 18, of article IV, of the Constitution shall be styled the "State Board of Examiners." The Governor shall be chairman and the Secretary of State shall be secretary of the Board.

SEC. 2. Regular sessions of the Board shall be held on the first and third Tuesdays of every month, and special sessions at any time, if all the members are present.

SEC. 3. It shall be the duty of the Board to examine all claims against the State, except salaries and compensation of officers fixed by law, and except fixed appropriations for principal and interest of the public bonded debt, and except claims against the State, already presented to the Board and favorably reported by it to the Legislature for passage. The Board may approve or disapprove any claim or demand against the State, or any item thereof, or may recommend a less amount in payment of the whole, or any item thereof, and a decision of a majority of the members shall stand as the decision of the Board.

SEC. 4. In case the Auditor shall draw a warrant for any claim, or part of a claim, or item thereof, which is disapproved by the Board, he shall be liable upon his official bond for the same if any loss shall accrue to the State therefrom.

SEC. 5. The Board may make such rules and regulations for the conduct of its business as it may deem desirable, not inconsistent with law. SEC. 6. Whereas an emergency exists therefor, this Act shall be in force from and after its passage.

Approved the 2nd day of February, 1899.

H. B. NO. 25.

AN ACT

FIXING THE QUALIFICATIONS, AND PRESCRIBING THE POWERS AND DUTIES OF COUNTY ATTORNEYS.

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

SECTION I. No person shall be eligible to the office of county attorney who is not an attorney and counselor at law duly licensed to practice as such in the district courts of the State. No county attorney shall hold any other county or State office during his term of office as county attorney.

SEC. 2.

When there is no county attorney for the county or when he is absent from the court, or when he has acted as counsel or attorney for a party accused in relation to the matter of which the accused stands charged, and for which he is to be tried on a criminal charge, or when he is near of kin to the party to be tried on a crimina! charge, or when he is unable to attend to his duties, the district court may, by an order entered in its minutes, stating the cause therefor, appoint some suitable person to perforın for the time being, or for the trial of such accused person, the duties of such county attorney, and the person so appointed has all the powers of the county attorney, while so acting as such. SEC. 3. It is the duty of the county attorney: 1. To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of his county in which the people or the State or the county are interested, or a party; and when the place of trial is changed. in any such action or proceeding to another county, he must prosecute or defend the same in such other county. 2. To prosecute all criminal actions before the probate and justices' courts of his county when called upon by said courts, and upon the request of magistrates to conduct criminal examinations which may be had before such magistrates, and prosecute or defend all civil actions before the probate and justices' courts of the county, in which the people or the State or the county, is interested or a party. 3. To give advice to the board of county commissioners, and other public officers of his county, when requested in all public matters, in which the people or the State or the county is interested or a party. 4. To attend, when requested by any grand jury for the purpose of examining witnesses before them; to draw bills of indictments, informations, and accusations; to issue subpoenas and other process requiring the attendance of witnesses. 5. On the first Monday of each month to settle with the auditor, and pay over all money collected, or received by him during the preceding month, belonging to the county or State, to the county treasurer and take his receipt therefor, and to file on the first Monday of January in each year, in the office of the auditor of his county, an account verified by his affidavit, of all money received by him during the preceding year, by virtue of his office for fines, forfeitures, penalties or costs, specifying the name of each person from whom he receives the same, the amount received from each, and the cause for which the same was paid. 6. To perform all other duties required by him of any law.

SEC. 4. When any county attorney receives any money for fines, forfeitures, penalties or costs, he must deliver to the person paying the same, duplicate receipts therefor one of which must be filed by such person in the office of the county auditor.

SEC. 5. No county attorney must receive any fee or reward for, or on behalf of any prosecutor, or other individual for services in any prosecution, or businsss to which it is his official duty to attend or discharge; nor be concerned as attorney or counsel, for either party other than for the State, people or county, in any civil action depending upon the same state of facts, upon which any criminal prosecution commenced, but not determined depends, and no law partner of any county attorney must be engaged in the defense of any suit, action, or proceeding, in which said county attorney appears on behalf of the people, State or county.

SEC. 6. The county attorney is the legal adviser of the board of commissioners; he must attend their meetings when required and must attend and oppose all claims and accounts against the county when he deems them unjust or illegal.

SEC. 7. All the powers conferred upon and duties required of the district attorney by an Act entitled "An Act to provide for prosecuting offences on information, and to dispense with the calling of grand juries. except by order of the district judges," approved March 13th, 1891, are hereby conferred upon and required of county attorneys.

SEC. 8. 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. 26.

AN ACT

TO PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL FOR INDIGENT DE FENDENTS IN CRIMINAL CASES, IN THE DISTRICT COURTS.

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

SECTION I. Whenever upon the trial of a person in the district court, upon an information or indictment, it appears to the satisfaction of the court, that the accused is poor and unable to procure the services of counsel, the court may appoint counsel to conduct the defense of the accused, for which service such counsel must be paid out of the county treasury, upon order of the judge of the court, as follows: In all cases of misdemeanor the sum of ten dollars; in all cases of felony other than murder the sum of twenty-five dollars, and in cases of murder the sum of fifty dollars.

SEC. 2.

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

Approved the 2nd day of February, 1899.

H. B. NO. 27.

AN ACT

TO PREVENT STALLIONS AND OTHER ANIMALS FROM RUNNING AT LARGE; AMENDING SECTIONS 1240, 1241, 1242 AND 1243 OF THE REVISED STATUTES OF IDAHO.

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

SECTION 1. Section 1240 of the Revised Statutes of Idaho is hereby amended so as to read as follows:

Section 1240.

The owner of any stallion over the age of eighteen months must not allow the same to run at large, unless it is of the market cash value of two hundred and fifty dollars, or more, and is at such value assessed.

SEC. 2. Section 1241 of the Revised Statutes of Idaho is hereby amended so as read as follows:

Section 1241. If any stallion of less than two hundred and fifty dollars market cash and assessed value, ridgling, or any unaltered male mule or jackass over the age of eighteen months be found running at large, the owner must be fined for the first offense twenty dollars, and for each subsequent offense not more than one hundred dollars nor less than forty dollars, to be recovered before a justice of the peace in the name of any person who will prosecute for the same, one-half to his own use and the other half to the use of the county school fund.

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