H. B. NO. 144. AN ACT DEFINING WHAT CHATTELS MAY BE MORTGAGED AMENDING SECTION 3385 OF THE REVISED STATUTES. Be it enacted by the Legislature of the State of Idaho: SECTION I. That section 3385 of the Revised Statutes be amended to read as follows: Section 3385. Chattel mortgages may be made upon all property, goods or chattels, not defined by statute to be real estate, upon growing crops, and upon crops to be sown and grown in the future; but, should the persons executing mortgages upon crops, to be afterwards sown, fail to sow or cause the same to be sown, no lien, of such mortgages shall attach to crops sown by other persons upon the lands described in said mortgages, except in so far as the mortgagors in said mortgages have or retain interests in said crops. An emergency existing therefor, this Act shall be in force from and after its passage. Approved on the 16th day of February, 1899. H. B. NO. 145. AN ACT PROVIDING THE MANNER OF MORTGAGING EXEMPT PROPERTY. Be it enacted by the Legislature of the State of Idaho: SECTION 1. No personal property of either husband or wife, that is exempt by law from execution, shall be mortgaged by either husband or wife without the joint concurrence of both. SEC. 2. An emergency existing therefor, this Act shall be in force from and after its passage. TO Approved on the 16th day of February, 1899. H. B. NO. 146. AN ACT REVISED STATUTES, LICENSING REPEAL SUB-DIVISJON 2 OF SECTION 1645 OF THE Be it enacted by the Legislature of the State of Idaho: SECTION 1. Subdivision two of section 1645 of the Revised Statutes of the State of Idaho is hereby repealed. SEC. 2. An emergency existing therefor, this Act shall be in force from and after its passage. Approved on the 16th day of February, 1899. H. B. NO. 147. AN ACT REGULATING THE PLACE OF TRIAL IN CIVIL ACTIONS; AMENDING SECTION 4123 OF THE RE VISED STATUTES OF IDAHO. Be it enacted by the Legislature of the State of Idaho: SECTION I. That section 4123 of the Revised Statutes be amended to read as follows: Section 4123. In all other cases, the action must be tried in the county in which the defendants, or some of them, reside, at the commencement of the action; or, if none of the defendants reside in the State, or, if residing in this State the county in which they reside is unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if the defendant is about to depart from the State, such action may be tried in any county where either of the parties reside, or service is had, subject, however, to the power of the court to change the place of trial, as provided in this Code. Provided, That in all actions against life or fire insurance companies, suit or action may be commenced and tried in the county where the death occurred or the loss was sustained. SEC. 2. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage. Approved on the 16th day of February, 1899. H. B. NO. 148. AN ACT DEFINING HOMESTEADS; AMENDING CHAPTER 1 OF TITLE VIJ OF THE CIVIL CODE OF IDAHO, BY ADDING THERETO SECTION 3060. Be it enacted by the Legislature of the State of Idaho: SECTION I. That title VII, chapter 1, of the Civil Code of the Revised Statutes of Idaho, concerning homesteads be amended by adding thereto section 3060 to read as follows: Section 3060. The word homestead as used in this title includes within its meaning: The dwelling house in which claimant resides, and the land on which the same is situated and located as in this title provided; also the proceeds thereof in the event of a voluntary sale, and also the insurance thereon, if any, in the event of a loss. SEC. 2. An emergency existing therefor this Act shall be in force from and after its passage. Approved on the 16th day of February, 1899. H. B. No. 149. AN ACT PRESCRIBING THE MANNER OF SERVICE UPON FOREIGN CORPORATIONS DOING BUSINESS IN THE STATE OF IDAHO, HAVING NO DESIGNATED AGENT UPON WHOM SERVICE CAN BE HAD AS PROVIDED IN SECTION 2653 OF THE REVISED STATUTES OF IDAHO; AMENDING SECTION 4144 OF SAID REVISED STATUTES. Be it enacted by the Legislature of the State of Idaho: SECTION I. That section four thousand one hundred and forty-four is amended to read as follows: Section 4144. thereof as follows: The summons must be served by delivering a copy 1. If the suit is against a corporation formed under the laws of this State to the president or other head of the corporation, secretary, cashier or managing agent thereof. 2. If the suit is against a foreign corporation, or a non-resident joint stock company or association doing business and having a managing or business agent, cashier or secretary within this State to such agent, cashier or secretary, or to any station, ticket or other agent of such corporation transacting business thereof in the county where the action is commenced, and if there is no such agent in said county, then service may be had upon any such agent in any other county. 3. And whenever any foreign corporation or non-resident joint stock company or association, doing business within the State of Idaho, shall not have any designated person actually residing in the county in which said corporation or joint stock company shall be doing business within this State upon whom process issued by authority of or under any law of this State may be served as provided in section 2653 of the Revised Statutes of Idaho, or when any such corporation or joint stock company having appointed such person or agent as provided in said section 2653, and said agent or person so designated, shall have removed from, or ceased to be a resident, or be absent for more than thirty (30) days from said county, then the Auditor of said county shall be and is hereby designated as the authorized agent of said corporation or joint stock company upon whom process issued by authority of or under any law of this State may be served with like effect as though said service were made upon the agent or person appointed or designated as provided in section 2653 of the Revised Statutes of Idaho. 4. If against a minor under the age of fourteen years residing within this State, to such minor personally, and also to his father, mother or guardian, or if there be none within this State, then to any person having the care or control of such minor or with whom he resides or in whose service he is employed. 5. If against a person residing in this State who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such person and also to his guardian. 6. If against a county, city or town, to the chairman of the board of commissioners, president of the council, or trustee or other head of the legislative department thereof. 7. In all other cases, to the defendant personally. SEC. 2. repealed. All acts and parts of acts in conflict with this Act are hereby SEC. 3. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage. Approved on the 16th day of February, 1899. H. B. NO. 150. AN ACT TO PROTECT BUFFALO AND BISON. Be it enacted by the Legislature of the State of Idaho: SECTION I. It shall be unlawful for any person or persons at any time to kill, ensnare or trap any buffalo or bison. SEC. 2. It shall be unlawful for any person or persons or agents or employees of any association or corporation at any time to take, buy or sell or have in possession any buffalo or bison or any part of such animals, or for any person, agent or employee of any association, corporation, stage line, railroad company or express company to receive, carry, transport or ship any such animals or any part thereof. SEC. 3. It shall be unlawful for any person or persons to hunt or chase with dogs, any buffalo or bison, or have in possession any dog or dogs for said purpose. SEC. 4. Any person, agent or employee of any association or corporation, stage line, railroad company or express company who shall violate any of the provisions of the preceding sections, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than one hundred ($100.00) dollars, nor more than three hundred ($300.00) dollars, or shall be imprisoned in the county jail for a term of not exceeding three (3) months, or by both such fine and imprisonment. SEC. 5. Having in possession any buffalo or bison or any part of such animals, shall be deemed prima facie evidence that such person or persons killed, ensnared, trapped or destroyed the same in violation of this Act. SEC. 6. It shall be the duty of the sheriff, deputy sheriff and constables of the various counties of this State, to arrest or cause to be arrested, and bring before a judge or justice of their county, any person or persons violating any of the provisions of this Act, and any person or persons making complaint under oath, to any of the aforesaid officers, the party or parties complained against must be arrested, and the person or persons making such complaint shall be entitled to one-half of the fine imposed, upon conviction thereof. SEC. 7. One-half of all fines collected under the provisions of this Act, must be paid into the county treasury for the benefit of the common schools of the county wherein the offense was committed, and one-half to the party or parties making complaint as prescribed herein. SEC. 8. An emergency existing, therefor this Act shall be in force from and after its passage. SEC. 9. repealed. All acts and parts of acts in conflict with this Act are hereby Approved on the 16th day of February, 1899. H. B. NO. 151. AN ACT PROVIDING FOR THE REGULATION, OR THE SUPPRESSION AND PROHIBITION OF PROSTITUTION IN CITIES, TOWNS AND VILLAGES. Be it enacted by the Legislature of the State of Idaho: SECTION 1. City councils, boards of aldermen and boards of trustees of cities and towns and villages in this State, heretofore incorporated under special or general laws, or hereafter incorporated, are hereby vested with authority and power to regulate or to suppress and prohibit prostitution within the limits of their respective cities, towns and villages; and are hereby authorized and empowered to pass such ordinances, by-laws, rules and regulations as may be necessary to effect such regulation, suppression or prohibition within their respective cities, towns and villages. SEC. 2. All acts and parts of acts in conflict with this hereby repealed. SEC. 3. Act are Whereas an emergency exists, this Act shall be in force from and after its passage and approval. Approved on the 16th day of February, 1899. TO FIX THE LEGAL STATUS OF THE OF RECORDS OF COUNTY LISHED BY THE UNITED H. B. NO. 152. AN ACT COUNTY SURVEYORS, TO PROVIDE FOR THE KEEPING SURVEYS AND FOR THE PERPETUATION OF CORNERS ESTABSTATES SURVEYS, AND TO PROVIDE THAT COPIES OF THE PLATS AND FIELD NOTES FROM THE SURVEYOR GENERAL'S OFFICE AND VERIFIED REPORTS AND FIELD NOTES OF COUNTY SURVEYORS SHALL BE RECEIVED AS EVIDENCE IN THE COURTS OF THIS STATE. Be it enacted by the Legislature of the State of Idaho: SECTION I. No surveys or re-surveys hereafter made by the county surveyor or other surveyor, shall be considered legal evidence in any court within the State, except such surveys as are made in accordance with the United States manual of surveying instructions, the circular on restoration of lost or obliterated corners and subdivision of sections, issued by the general land office, or by the authority of the United States, the State of Idaho or by mutual consent of the parties. SEC. 2. When it shall appear that the county surveyor is interested in any tract of land, the title of which is in dispute before the court, the court shall direct the survey or re-survey to be made by some capable person, who is in no wise interested, who shall be authorized to administer oaths in the same manner as the county surveyor is directed to do, and shall return said survey or re-survey on oath, or affirmation, and shall receive for his services the same fees that the county surveyor would receive for like services. FIRST. Keep a fair and correct record of all official surveys made by himself or deputies in good and substantial books which shall be furnished him by the county commissioners for that purpose. All records of road surveys and county boundary lines to be kept in separate books. All of which records and accompanying plats he shall, at the expiration of his term of office, turn over to his successor in office, together with the records and plats received by him from his predecessor in office. SECOND. Number his surveys progressively with date, township, range, section and name of party for whom it is executed. The mode of writing field notes and preparing plats shall be in the same manner as prescribed for the guidance of United States Deputy Surveyors, as nearly as practicable. THIRD. Deliver a copy of any survey to any person or court requiring the same on payment of the fee allowed by law. FOURTH. All corners established or re-established shall be of stone or other imperishable material placed securely in the ground and of such dimensions as are required by the U. S. manual. The marks so placed on said corners, when section or quarter section, shall be the same as prescribed by said U. S. manual, with the additional letters C. S. (for County Survey). All other corners in the interior of a section shall be so marked to indicate what they represent, in addition to the letters C. S. The same instructions apply to the marking of bearing trees and bearing objects. SEC. 4. Any person owning or claiming lands which are divided by county lines, and wishing to have the same surveyed, may apply to the surveyor of any county in which any part of such land is situated, and such survey shall be as valid as though the lands were situated entirely within the county. Each chainman, or flagman, employed by the county surveyor or his deputy on an official survey shall, before commencing the duty assigned to him, take an oath (or affirmation) to faithfully and impartially execute the duties assigned to him, which oath (or affirmation) the county surveyor is authorized to administer. If a party for whom a survey is made does not furnish the chainman and markers, the surveyor may employ such necessary assistants, and receive a reasonable hire for all employed. SEC. 5. Each county surveyor, before entering upon the duties of his office, shall file with the board of county commissioners a good and suffi |