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LIBRARY OF THE

LELAND STANFORD, JR., UNIVERSITY

LAW BEPARTMENT.

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TO PROVIDE FOR FIXING THE TERMS OF THE DISTRICT COURTS OF THE SEVERAL DISTRICTS OF THE STATE OF IDAHO, AND TO ADD THE SECTIONS OF THIS ACT TO CHAPTER THREE

OF TITLE ONE OF THE CODE OF CIVIL PROCEDURE OF IDAHO AS SECTIONS 3834 AND 3835.

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

SECTION 1. Section 3834. The judge of the district court of each of the judicial districts of the State must, annually, fix the time for holding the district court in the several counties of his district by an order filed and entered by the clerk in each county of his district, and said order must be published two consecutive weeks in a newspaper published in his district.

SEC. 2. Section 3835. A special term of the district court may be held in any county, by an order of the judge of the district fixing the time of holding the same, and such order must be published for two consecutive weeks in some newspaper printed in the county in which the special term is to be held, and in case no newspaper is printed in the county, then in some newspaper printed in the state nearest to the county in which said special term is to be held.

The terms of court herein mentioned shall be held at the county seat of the respective counties.

SEC. 3. Whereas, a large amount of civil and criminal business is now pending in the several district courts of the State of Idaho, and there is no provision of law now existing whereby the said courts may be convened; therefore, an emergency exists requiring this act to be in force immediately upon its approval by the Governor.

SEC. 4. This Act shall take effect and be in force from and after its passage.

Approved 2nd day of February, 1899.

H. B. NO. 5.

AN ACT

FIXING THE NUMBER OF OFFICERS AND EMPLOYEES OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO DEFINE THEIR DUTIES AND ESTABLISH THEIR PAY.

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

SECTION I. The officers and employees of the Senate shall consist of one secretary, one assistant secretary, one engrossing clerk, one assistant engrossing clerk, one enrolling clerk, one assistant enrolling

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clerk, one journal clerk, one chaplain, one sergeant-at-arms, one committee clerk, two pages, one doorkeeper and one janitor.

SEC. 2. The officers and employees of the House of Representatives shall consist of one chief clerk, one assistant clerk, one enrolling clerk, one assistant enrolling clerk, one engrossing clerk, one assistant engrossing clerk, one chaplain, one sergeant-at-arms, one doorkeeper, two pages, one committee clerk and one janitor.

SEC. 3. There shall be paid to the several officers and employees named in this act for all services rendered by them under the provisions of this act, the following sums, and no more:

The secretary of the Senate, seven (7) dollars per day.

The assistant secretary of the Senate, six (6) dollars per day.

The chief clerk of the House, seven (7) dollars per day.

The assistant chief clerk of the House, six (6) dollars per day.

All other clerks of the two houses shall receive five (5) dollars per day.

The sergeant-at-arms of the Senate and the sergeant-at-arms of the House, each, six (6) dollars per day.

The doorkeepers of the Senate and House, each, five (5) dollars per day.

The messengers, each, three (3) dollars per day.
The pages, each, three (3) dollars per day.
The janitors, each, four (4) dollars per day.

The journal clerks, each, five (5) dollars per day.
The chaplains, each, two (2) dollars per day.

SEC. 4. It shall be the duty of the secretary of the Senate to attend each day, call the roll, read the journals and bills, copy or to take charge of and superintend all copying necessary to be done for the Senate.

It shall be the duty of the chief clerk of the House to attend each day, to call the roll, read the journal and bills, and to copy or to take charge of and superintend all copying necessary to be done for the House.

It shall be the duty of the assistant secretary of the Senate and the assistant clerk of the House to take charge of all bills, petitions and other papers presented to their respective houses, to file and enter the same in the books provided for that purpose, and perform such other duties as may be directed by the secretary of the Senate and chief clerk of the House.

It shall furthermore be the duty of the secretary of the Senate and the chief clerk of the House to keep a correct record of the proceedings of each day for the purpose of having such proceedings entered in the journal by the journal clerks of their respective houses.

It shall be the duty of the journal clerk of the Senate to record each day's proceedings in the journal, from which they shall be read by the secretary each day of meeting in order that they may be authenticated by the signature of the president.

It shall be the duty of the journal clerk of the House to perform all similar duties for the House which are required to be performed by the journal clerk of the Senate.

It shall be the duty of the sergeant-at-arms of the Senate and the sergeant-at-arms of the House to give a general supervision, under the direction of the presiding officers, of the Senate and House chambers,

with the rooms attached; to attend during the sittings of their respective bodies, execute their commands, together with all such proceedings issued by authority thereof, as shall be directed to them by their presiding officers.

They shall receive no other compensation for their services beyond their per diem, except actual expenses incurred in arrests made by them, and for traveling expenses for themselves or special messenger, which expenses so incurred, shall be paid from the contingent fund of their respective houses: Provided, That no messenger shall be employed by any officer of either house unless expressly authorized so to do by the house of which he is an officer.

They shall have power to appoint a deputy each on a vote of their respective houses.

It shall be the duty of the deputy sergeant-at-arms of each house to assist the sergeant-at-arms in the performance of his duties.

It shall be the duty of the doorkeeper of each house to prohibit all persons, except members of the Legislature and State officers, employees and reporters and persons who may on invitation, be entitled to seats, from entering within the bar of the house of which he is doorkeeper, unless upon invitation, and to arrest for contempt all persons outside of the bar or in the gallery found engaged in loud conversation, or otherwise making a noise, to the disturbance of their respective houses.

It shall be the duty of the janitors to keep the furniture of their respective houses in good order, to clean and light lamps and perform such other duties as they may be directed to do, by the president of the Senate or the speaker of the House.

It shall be the duty of the chaplains to open the proceedings in their respective houses with prayer.

SEC. 5. It shall be the duty of the secretary of the Senate and chief clerk of the House, at the close of each session of the Legislature, to mark, label and arrange all bills and papers belonging to the archives of their respective houses, and to deliver the same, together with all the books of both houses, to the Secretary of State, who shall certify to the reception of the same; and upon the production of said certificate to the Auditor of State, the Auditor is authorized and directed to draw his warrant upon the Treasurer in favor of the above named parties for the sum of twenty-five dollars each, and the Treasurer is authorized to pay the same out of any money in the general fund not otherwise appropriated.

SEC. 6. All officers and employees of the Senate and House provided for in this Act shall be elected by the Senate and House, respectively.

SEC. 7. The president of the Senate and the speaker of the House may direct the assistant enrolling clerk and the assistant engrossing clerk to aid in copying bills, messages or other lengthy documents, when they are not otherwise employed.

Any of the officers and employees mentioned in this Act may be removed by a two-thirds vote of the members of the house in which they are connected for failure to perform the duties imposed upon them by this Act, or for incompetency, or for conduct which shall by each house be deemed improper.

SEC. 9. No additional number of officers or employees of the Senate or House shall be elected or appointed unless on a two-thirds

vote.

SEC. 10. The per diem of all officers fixed by this Act shall date from the day on which they shall have been elected and qualified.

SEC. II. Nothing in this Act shall be construed so as to affect the tenure of office of any attache of this Legislature herein named and appointed prior to the passage of this Act.

SEC. 12. All acts and parts of acts inconsistent with this Act are hereby repealed.

SEC. 13.

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

Approved 2nd day of February, 1899.

H. B. NO 6.

AN ACT

CREATING A BOARD OF TRUSTEES FOR THE CAPITOL BUILDING AND GROUNDS; AMENDING SEC. 1 OF SEC. 172 OF THE REVISED STATUTES OF IDAHO.

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

SECTION I. That section 1 of section 172 of the Revised Statutes of Idaho, be and the same is, amended to read: The Governor, Secretary of State and State Treasurer shall constitute a Board of Trustees for the custody and maintenance of the capitol building and grounds.

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

Approved 2nd day of February, 1899.

H. B. NO. 7.

AN ACT

TO AUTHORIZE THE SUPREME COURT TO FIX THE TIME FOR HOLDING THE TERMS THEREOF; TO APPOINT CERTAIN OFFICERS FOR SAID COURT, AND TO FIX THEIR SALARIES; TO PROVIDE FOR A DEPUTY CLERK OF SAID COURT AT LEWISTON AND AN OFFICE THEREFor; and TO REGULATE APPEALS TO THE SUPREME COURT.

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

SECTION I. The Supreme Court, or any two of the Judges thereof, may, by an order, fix the times for holding the terms of the Supreme Court, which shall not be changed oftener than once in each year.

SEC. 2. The court shall have power to appoint a crier, bailiff, and a messenger for each term of court, when such officers are necessary. SEC. 3. Unless by agreement of parties causes in which writs of error or appeals are taken to the Supreme Court of the State of Idaho from the counties of Kootenai, Shoshone, Latah, Nez Perce, and Idaho or counties hereafter created therefrom, shall be heard at Lewiston; and causes in which writs of error or appeals are taken to said Supreme Court, from the counties of Ada, Boise, Owyhee, Elmore, Cassia, Logan, Alturas, Oneida, Bear Lake, Bingham, Lemhi, Washington, Custer and Canyon, or counties hereafter created therefrom, shall be heard at Boise City: Provided; That in criminal cases, writs of error, habeas corpus, certiorari and appeals, may on motion of defendant be heard before the Supreme Court either at the city of Lewiston or at Boise City.

SEC. 4. The salaries of the respective officers of said court shall be as follows: The clerk of the court, who may appoint one or more

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