son redeemed the property during the time allowed by law for its redemption. The collector is entitled to receive from the purchaser two dollars for making such deed.

SEC. 2.

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

Approved, March 14, 1899.

SENATE SUBSTITUTE FOR H. B. NO. 214.

AN ACT

TO AMEND SECTION 1642 OF THE REVISED STATUTES OF THE STATE OF IDAHO.

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

SECTION I. That section 1642 of the Revised Statutes of the State of Idaho is hereby amended to read as follows:

Section 1642. Every auctioneer must obtain a license from the tax collector and must pay therefor five ($5.00) dollars per month: Provided, That upon the payment of twenty dollars in advance an auctioneer may obtain from the tax collector an annual license, which annual license, shall date from the first day of March of each and every year.

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 All acts and parts of acts in conflict with this Act are hereby repealed.

Approved, February 28, 1899.

H. B. NO. 1.
AN ACT

CONCERNING THE DISPOSITION OF MINING INTERESTS OF DECEDENTS. 5499-5503 OF THE REVISED STATUTES OF IDAHO.

AMENDING SECTIONS

Be it enacted by the Legislature of the State of Idaho:
SECTION I. That sections 5499, 5500, 5501, 5502 and 5503 of the
Revised Statutes of Idaho be amended to read as follows:

Section 5499. When the estate of any decedent consists, in whole or in part, of mines or interests in mines in this State, the same may be sold under the order of the probate court having jurisdiction of the estate.

When the decedent, at the time of his death, was not a citizen of this State, but had mining interests herein, the probate court of any county in this State, in which such mining interests are situated, may, upon a proper petition of an heir at law of such decedent, or of any of his coowners or mining partners in any of said mining interests, or of any person having any interest in such mining properties, or in the estate, appoint an administrator, who shall give bonds as required by the court; that the probate court first acquiring jurisdiction has exclusive jurisdiction of the administration of all of decedent's mining interests in this State, and that after such appointment of an administrator of such nonresident decedent, creditors may present and prove their claims as in other cases, but within such time as the court may order.

The probate court may, when it shall appear that the decedent has no creditors in this State, or, when for other cause it shall seem best to the court, perinit decedent's foreign administrator or representative to file certified copies of his letters or authority to represent the estate, and thereafter he has all the authority of an administrator appointed under the laws of this State.

Section 5500. In the administration of the estate of any decedent, the administrator, or other proper legal representative thereof, or any heir

at law, or creditor of the decedent, or any of his co-owners or mining partners in mines or mining interests, or any member of any mining partnership, or mining company in which shares or stocks were held by deceased, may file in the proper probate court a written petition describing the mine, interest, or shares which it is desired to sell, and the condition and situation of the mine or mining interests, or of the mining company in which such interests or shares are held, and the reasons why the sale is desired.

Section 5501. Upon the presentation of such petition, the probate judge must make an order directing all persons interested to appear before him at a time and place specified, not less than three nor more than eight weeks from the time of making such order, to show cause why an order should not be granted to the executor or administrator to sell such mines, mining interests, shares, or stocks, as are set forth in the petition and belonging to the estate. A copy of the order to show cause must be personally served on all persons interested in the estate, at least ten days before the time appointed for hearing the petition, or published at least three successive weeks in such newspaper as the court shall specify. If all persons interested in the estate, signify, in writing their assent to such sale, the notice may be dispensed with.

Section 5502. If, upon hearing the petition it appears to the satisfaction of the probate judge that it is to the interest of such estate that such mining property or interests of the estate should be sold, or if it appears to his satisfaction that an immediate sale is necessary in order to secure the just rights or interests of the mining partner, or tenants in common, such probate judge must make an order authorizing such administrator or other legal representative to sell such mines, mining interests or shares, and for that purpose, when necessary, to enter into written bonds or contracts with parties for the future sale upon such conditions and at such price as may be considered best, subject to the approval of said judge.

Section 5503.

If the order is made for the sale of the property, such sale must be made and such proceeding had as are provided for in the sale of other real estate and property, but, if it be for the bonding or contracting for the sale thereof, the administrator or legal representative must be authorized to enter into a bond or contract for the sale, and, when necessary, to make and fully execute and place in escrow at some place approved by such judge, a proper deed of conveyance for the property. In any case the proceeds of the sale of the property shall be disposed of as other proceeds and assets of the estate; Provided, That when the decedent was not a citizen of this State, if no claims are established in the probate court in this State against the estate, such proceeds, in the absence of any proper objections by parties interested in such estate, must, upon the order of the probate court, be paid to the proper foreign administrator or representative or heir of the estate, or to parties entitled thereto as may be determined by the court, less the cost of the proceedings in the probate court in this State. SEC. 2. All acts and parts of acts in conflict with this Act are hereby

repealed.

Filed February 28, 1899.

H. B. NO. 3.

SUBSTITUTE FOR H. B. NO. 2.

AN ACT

EMPLOYEES, AND FOR THE

TO PROVIDE FOR THE PAYMENT OF OFFICERS, MEMBERS, AND
GENERAL EXPENSES OF THE FIFTH SESSION OF THE LEGISLATURE.

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

SECTION I. That the sum of twenty-five thousand dollars ($25,000), or so much thereof as may be necessary, be and the same is hereby, appropriated out of any moneys in the general fund of the State treasury, not otherwise appropriated, for the purpose of paying the compensation due to the officers, members, and employees and for the general expenses of the fifth session of the Legislature of the State of Idaho.

SEC. 2. That the State Auditor is hereby authorized and required upon the presentation to him of the certificate of the presiding officer of the house of which the person therein named is a member, officer, or employee, that the party mentioned in the certificate is entitled to compensation to the amount therein stated to draw his warrant on the general fund for the amount so certified as due.

SEC. 3. Whereas an emergency exists, therefore this Act shall take effect and be in force from and after its passage.

Approved, January 14, 1899.

H. B. NO. 176.

AN ACT

PROVIDING FOR THE ENFORCEMENT OF JUDGMENTS
IN CRIMINAL ACTIONS, WHERE FINES
AND COSTS ARE IMPOSED; CREATING A LIEN THEREFOR, AND PROVIDING FOR AN EXE-
CUTION THEREON; DIRECTING THE APPORTIONMENT OF MONEYS ARISING FROM SUCH
COSTS, AND FIXING THE GRADE OF CRIME FOR FAILURE TO PAY OVER THE SAME.
AMENDING SECTIONS 6978, 7994, 7995 AND 8006, 8300, 8310, 8311, OF THE REVISED

STATUTES OF THE STATE OF IDAHO.

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

SECTION I. That section seven thousand nine hundred and ninetyfour of the Revised Statutes of the State of Idaho be amended to read as follows: Section 7994. A judgment that the defendant pay a fine, or pay costs, or pay both fine and costs, may also direct that defendant be imprisoned until the fine, or costs, or both fine and costs have been satisfied; specifying the extent of the imprisonment, which cannot exceed one day for every two dollars of the fine, costs, or fine and costs, as the case may be. SEC. 2.

That section seven thousand nine hundred and ninety-five of the Revised Statutes of Idaho, be amended to read as follows: Section 7995. A judgment that the defendant pay a fine, pay costs, or pay fine and costs, constitutes a lien in like manner as a judgment for money in a civil action.

SEC. 3. That section eight thousand and six of the Revised Statutes of the State of Idaho be amended to read as follows: Section 8006. If the judgment is for the payment of a fine, or costs, or fine and costs, only, execution may be issued thereon as on a judgment in a civil action. SEC. 4. All moneys arising from the satisfaction of any judgment for costs in a criminal action, or from an execution on any such judgment, shall be apportioned to the general expense fund of the year and of the county in which such judgment was entered.

SEC. 5. That section six thousand nine hundred and seventy-eight be amended to read as follows: Section 6978. If any clerk, justice of

the peace, sheriff, or constable who receives any fine, or forfeiture, or costs arising out of a judgment in a criminal action, refuses or neglects to pay over the same according to law, and within thirty days after the receipt thereof, such officer is guilty of a misdemeanor.

SEC. 6. That section 8300 of the Revised Statutes of Idaho be amended to read as follows: Section 8300. A judgment that the defendant pay a fine, or costs, or fine and costs, may also direct that the defendant be imprisoned until the fine, or costs, or both fine and costs, have been satisfied; specifying the extent of the imprisonment, which cannot exceed one day for every two dollars of the fine, costs, or fine and costs, as the case may be.

SEC. 7. That section 8310 of the Revised Statutes of Idaho be amended to read as follows: Section 8310. When a judgment is entered imposing a fine, or costs, or both fine and costs, or ordering the defendant to be imprisoned until the fine, or costs, or fine and costs be paid, he must be held in custody during the time specified in the judgment, unless the fine, or costs, or fine and costs are sooner paid.

SEC. 8. That section 8311 of the Revised Statutes of Idaho be amended to read as follows: Section 8311. Upon payment of the fine, costs, or fine and costs, the officer must discharge the defendant if he is not detained for any other legal cause.

SEC. 9.

This Act shall take effect and be in force from and after its passage, an emergency existing therefor. Approved, February 13, 1899.

SUBSTITUTE FOR H. B. NO. 183.

AN ACT

PROVIDING FOR THE APPROPRIATION AND DISTRIBUTION OF WATER; THE CONDEMNATION OF LANDS FOR CANALS, DITCHES AND CONDUITS; EMPOWERING THE BOARDS OF COUNTY COMMISSIONERS TO ESTABLISH A MAXIMUM RATE FOR THE USE OF WATER; AND REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THE PROVISIONS OF THIS ACT.

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

SECTION I. A cubic foot of water per second of time shall be the legal standard for the measurement of water in this State.

SEC. 2. The right to the use of the waters of rivers, streams, lakes, springs, and of subterranean waters, may be acquired by appropriation. SEC. 3. The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such purpose, the right ceases.

SEC. 4. As between appropriators, the first in time is first in right. SEC. 5. A person desiring to appropriate water must post a tice in writing in a conspicuous place at or near the point of intended diversion, stating therein:

FIRST. That he claims the water there flowing, to the extent of (giving the number of cubic feet per second of time) and accurately describing the point of intended diversion by giving the legal subdivisions of the land, if on surveyed land, or in reference to some natural land mark, if on unsurveyed land, making it sufficiently definite for a person acquainted with the country to find the point from the description in the notice.

SECOND. The purpose or purposes for which he claims the water and the place or locality of its intended use.

THIRD. The general course, length and destination of the conduit by

which he proposes to divert said water, and if for irrigation purposes, the general description and area of the land proposed to be irrigated by said conduit.

FOURTH. A copy of the notice must, within fifteen days after it is posted, be recorded in the office of the recorder of the county in which it is posted; and a duplicate copy thereof sent to the State Engineer for filing in his office.

SEC. 6. Within sixty days after the notice is posted, the claimant must commence the excavation or construction of the works by which he intends to divert the water, and must prosecute the work diligently and uninterruptedly to completion, unless temporarily interrupted by snow, rain or cold weather.

SEC. 7. By completion, it is meant conducting the waters to the place of intended use.

SEC. 8. By compliance with the above rules, the claimant's right to the use of water relates back to the time the notice was posted; and all land which is susceptible of irrigation from any ditch, canal or conduit shall be entitled to the use of water from the same to the full extent of the perfection of such water appropriation, upon the payment of such annual charges as may be determined under the provisions of this Act.

SEC. 9. A failure to comply with such rules deprives the claimant of the right to the use of the water as against a subsequent claimant who complied therewith, except as provided in the next section.

SEC. 10. All ditches, canals, or other works heretofore made, constructed, or provided, by means of which the waters of any stream have been diverted and applied to any beneficial use, must be taken to have secured the right to the waters claimed to the extent of the quantity which said works are capable of conducting, and not exceeding the quantity claimed without regard to, or compliance with, the requirements of this Act; and such person, company, or corporation, owners of any such ditch, flume or other conduit, cannot lawfully deny to any other person, company or corporation the right to cross their right of way with other ditch, flume or conduit either upon a higher or lower level, where the same can be done in a convenient and safe manner: Provided, That such second person, company or corporation shall be liable for all damages. that may accrue from the construction of such ditch, flume, or other conduit across the conduit of another.

SEC. II. The person entitled to the use of water may change the place of diversion, if others are not injured by such change; and may extend the conduit by which the diversion is made to places beyond that where the first was made.

SEC. 12. The phrase "domestic purposes" as contained in this Act shall be construed to include water for the household, and a sufficient amount for the use of domestic animals kept with and for the use of the household. All persons or corporations owning or claiming any water right or water rights must, within six months after this Act becomes a law, record with the recorder of the county a notice of the amount of the claim of appropriation, location and specific use, and the date of such appropriation. SEC. 13. The right of way over and upon any and all lands owned or controlled by the State of Idaho is hereby granted to any and all persons