from the county auditor, the amount owing to the State by the county of which he is such officer; and if he has on hand to the credit of the State in any fund an amount greater than is required to satisfy the claims of the State on that account, he shall retain such balance in such fund, and, forthwith, transfer the same to the warrant redemption fund of such county; or if there be no such fund, then to the current expense fund of the year in which such revenue was derived; notifying the county auditor of such transfer. SEC. 2. Every county treasurer who fails to comply with the provisions of this Act shall be liable to the State for the interest, at the rate of seven per cent per annum, on such sum or sums as are herein required to be paid over to the State Treasurer, from the date at which such payment should have been made, as provided herein, to the date of the payment of the same; which interest may be collected by an action on the official bond of the treasurer so failing, on one or more causes of action. Approved, March 6, 1899. H. B. NO. 228. AN ACT GOVERNING THE ISSUING OF COUNTY WARRANTS; AMENDING SECTION 2009 OF THE REVISED STATUTES OF IDAHO. Be it enacted by the Legislature of the State of Idaho: SECTION I. That section 2009 of the Revised Statutes of Idaho be and is amended to read as follows: Section 2009. The auditor shall have prepared, in separate series, warrant blanks for each year. They must be numbered consecutively, and must show the year against the revenue of which they are to be issued. He shall begin the use of a new series of warrants on the second Monday in April of each year. All warrants issued by the auditor shall be upon the warrant blanks of the series for the year chargeable with the amount for which such warrant is issued, and the number, date, and amount of each, and the name of the person to whom payable, and the purpose for which drawn must be stated thereon. When the amount for which a warrant is to be drawn is greater than the sum of two hundred dollars, the auditors shall issue therefor warrants in sums of two hundred dollars or fraction thereof, unless there is cash in the county treasury in the fund against which such warrant is drawn for the payment of the same on presentation. All warrants must, at the time they are issued be registered by the auditor. Approved, February 28, 1899. H. B. NO. 230. AN ACT TO PROVIDE FOR THE TAKING UP AND DISPOSING OF ESTRAYS, AMENDING SECTIONS 1362, 1365 AND 1367 OF THE REVISED STATUTES OF THE STATE OF IDAHO, AND ADDING SECTIONS 3, 4 AND 5, Be it enacted by the Legislature of the State of Idaho: SECTION 1. That section 1362 of the Revised Statutes of the State of Idaho be amended to read as follows: Section 1362. If the owner or claimant of any estray animal be unknown, the takerup must, within ten days after taking up such animal, file with the county auditor a notice giving a description of such animal, the marks, brands, natural or artificial, as near as practicable, the name 398 and residence of the taker-up, and the time at which the same was taken up. Said auditor must immediately cause such notice to be published in a paper published nearest where said animal is taken up for four consecutive weeks. If no newspaper be published in any county of the State of Idaho, such notice must be published in some newspaper in an adjoining county Said taker-up must deposit with the county for four consecutive weeks. auditor the sum of fifty cents for filing and one dollar for publishing said notice. SEC. 2. That section 1365 of the Revised Statutes of the State of Idaho, be amended to read as follows: Section 1365. If any person entitled to the possession of any estray, does not appear and substantiate his title thereto, and pay the charges thereon, within forty days from the time when such notice is filed with the county auditor, such estray must be sold at the request of the taker-up by the sheriff or any constable of the county living nearest the place of sale, at public auction, upon first giving public notice thereof, in writing, by posting up the same in three of the most public places in the precinct where such estray was taken up, at least ten days before such sale, and the taker-up may bid thereon at such sale; and after deducting all the lawful charges of the taker-up, as aforesaid, nor to exceed ten cents per day for feeding each estray, and the fees of the sheriff or constable, which are the same as on an execution; the remaining proceeds of such sale must be deposited in the county treasury. Any estray sold as herein provided shall be branded by the sheriff or constable making such sale, with an estray brand, as fol lows: A circle with an initial letter E in the center E the same to be placed on the left side, or ribs of all the horned stock, and on the left The branding irons for such purposes shall be shoulder of all other stock. furnished by each respective county in the State of Idaho; and the sheriff or constable, making such sale shall receive for his services the sum of fifty cents per head, for each animal so branded. SEC. 3. When the taker-up of an estray finds marks or brands on such animal that are illegible, he must call a competent witness to establish said fact, whose name and address must be published in the estray notice filed with the county auditor. SEC. 4. Any person or persons neglecting or refusing to comply with any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five dollars and not more than one hundred dollars. SEC. 5. Whereas an emergency exists this Act shall be in force and effect from and after its passage. Approved, March 6, 1899. H. B. NO. 238. ΤΟ PROHIBIT THE ADULTERATION AN ACT OF CANDIES AND CONFECTIONERIES, AND THE SALE OR OTHER DISPOSITION THEREOF, AND THE KEEPING OF ADULTERATED CANDIES AND CONFECTIONERIES FOR SALE OR OTHER DISPOSITION. Be it enacted by the Legislature of the State of Idaho: SECTION 1. No person shall, by himself, his servant or agent, or as the servant or agent of any other person or corporation, manufacture for sale, or knowingly sell or offer to sell any candy adulterated by the admixture. of terra alba, barytes, tale or any other mineral substance, by poisonous colors or flavors or other ingredients deleterious or detrimental to health. SEC. 2. Whoever violates any of the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction, shall be fined not exceeding one hundred dollars, nor less than twenty-five dollars, or imprisoned not exceeding one hundred nor less than thirty days, or both; and he shall be adjudged to pay in addition, all necessary costs and expenses incurred in the inspection and analyzing such adulterated candy, and the same shall be forfeited and destroyed under the direction of the court. SEC. 3It is hereby made the duty of the county and prosecuting attorneys of this State to appear for the State, and to attend to the prosecution of all complaints under this Act in all the courts in their respective counties. Approved, February 16, 1899. H. B. NO. 240. TO AMEND SECTION 20 OF AN ACT OF THE SECOND SESSION OF THE LEGISLATURE OF THE STATE OF IDAHO, ENTITLED "AN ACT TO PROVIDE FOR THE INTERNAL IMPROVEMENT OF THE STATE BY THE CONSTRUCTION OF A SYSTEM OF WAGON ROADS IN THE COUNTIES OF BOISE, CUSTER, LEMHI, IDAHO, SHOSHONE, KOOTENAI, LATAH, AND NEZ PERCE, AND PROVIDING FUNDS FOR THE CONSTRUCTION OF SAID SYSTEM OF WAGON ROADS BY THE ISSUANCE OF A SERIES OF STATE ROAD BONDS, APPROVED FEBRUARY 13, 1899, AND TO PROVIDE FOR THE INVESTMENT OF THE SINKING FUND. Be it enacted by the Legislature of the State of Idaho: SECTION 1. That section 20 of the above entitled act be amended to read as follows: "Section 20. At any time prior to the time when the bonds provided in section 16 of this Act shall become subject to redemption, as provided by said section, the amount of money in the sinking fund provided for by section 19 of this Act shall exceed the amount required for the payment of interest coupons of such bonds due, or to become due within the next ensuing twelve months, the State Treasurer shall use such surplus in payment of any warrants drawn upon him by the State Auditor, and presented for payment and not paid for want of money in the fund upon which they are drawn properly applicable thereto, and shali register and endorse such warrants, as provided by section 238 of the Revised Statutes, and place the same, so endorsed, to the credit of the sinking fund aforesaid; and such warrants shall bear interest and be payable in due course as other outstanding warrants, and, when paid, the principal and interest thereof shall belong to the sinking fund aforesaid, and shall be in like manner reinvested until said bonds become redeemable as aforesaid. SEC. 2. Whereas an emergency exists, this Act shall take effect and be in force from and after its passage. Approved, March 4, 1899. H. B. NO. 241. AN ACT AUTHORIZING AND DIRECTING THE STATE TREASURER TO TRANSFER CERTAIN FUNDS, AND PROVIDING FOR THE INVESTMENT OF THE SAME. Be it enacted by the Legislature of the State of Idaho: SECTION 1. That the State Treasurer is hereby authorized and directed to transfer the sum of seven thousand eight hundred and fifty-three and 400 73-100 ($7,853.73) dollars, now in his hands as an unexpended balance arising from the proceeds of the sale of bonds under the provisions of section 16 of an act of the second session of the Legislature of the State of Idaho, entitled, "An act to provide for the internal improvement of the State by the construction of a system of wagon roads in the counties of Boise, Custer, Lemhi, Idaho, Shoshone, Kootenai, Latah, and Nez Perce, and providing funds for the construction of said system of wagon roads by the issuance of a series of State road bonds," to the credit of the sinking fund provided in section 19 of an act of the fifteenth session of the Legislature of the Territory of Idaho, entitled, "An act to provide for a wagon road between Mt. Idaho, in Idaho County, and Little Salmon Meadows, in Washington County." SEC. 2. That thereafter said sinking fund shall be invested in State warrants as is or may be provided by law. SEC. 3. Whereas an emergency exists, this Act shall take effect and be in force from and after its passage. Approved, March 7, 1899. H. B. NO. 242. AN ACT A WAGON ROAD BETWEEN TO AMEND SECTION 21 OF AN ACT OF THE FIFTEENTH SESSION OF THE LEGISLATURE OF THE TERRITORY OF IDAHO, ENTITLED "AN ACT TO PROVIDE FOR MT. IDAHO, IN IDAHO COUNTY, AND LITTLE SALMON MEADOWS, IN WASHINGTON COUNTY," APPROVED FEBRUARY 5TH, 1889, AND TO PROVIDE FOR THE INVESTMENT OF THE ROAD FUND CREATED BY SECTION 19 OF SAID ACT. Be it enacted by the Legislature of the State of Idaho: SECTION I. That section 21 of the above mentioned Act be amendAt any time prior to the time when ed to read as follows: "Section 21. the bonds provided for in section 17 of this Act shall become subject to redemption, as provided by said section, the amount of money in the sinking fund provided in section 19 of this Act shall exceed the amount required for payment of the interest coupons of such bonds due, or to become due within the next ensuing twelve months, the State Treasurer shall use such surplus in payment of any warrants drawn upon him by the State Auditor, and presented for payment and not paid for want of money in the fund upon which they are drawn properly applicable thereto, and shall register and endorse said warrants as provided by section 238 of the Revised Statutes, and place the same, so endorsed, to the credit of the sinking fund aforesaid; and such warrants shall bear interest and be payable in due course as other outstanding warrants, and, when paid, the principal and interest thereof shall belong to the sinking fund aforesaid, and shall be in like manner re-invested until said bonds. become redeemable as aforesaid." SEC. 2. Whereas an emergency exists, this Act shall take effect and be in force from and after its passage. Approved, March 7th, 1899. H. B. No. 245. AN ACT RELATING TO THE DUTIES OF PROBATE JUDGES AND JUSTICES OF THE PEACE, AMENDING OF THE STATE OF IDAHO AND ADDING THERETO SECTION FOUR THOUSAND SEVEN HUN- Be it enacted by the Legislature of the State of Idaho: SECTION I. That section four thousand seven hundred any sixty-two be amended to read as follows: Section 4762. Every probate judge and every justice of the peace upon the expiration of his term of office, must deposit with his successor, his official dockets, statutes, and session laws, and all other books, papers and documents pertaining to his office, as well his own as those of his predecessor, or any other which may be in his custody to be kept as public records. SEC. 2. That section 4767 be added to the Revised Statutes of the State of Idaho, and that said section read as follows: Section 4767. Every probate judge and every justice of the peace whose duty it is to deliver over the dockets, books, records, and papers as prescribed in section 4762, shall forfeit and pay, for the use of the county, twenty-five dollars, for every three months' neglect, after due demand in writing by his successor in office, to perform such duty, which sum may be recovered at the suit of any person. The sum so recovered shall be paid into the current expense fund of the county. SEC. 3. Whereas an emergency exists therefor, this Act shall be in force from and after its passage and approval by the Governor. Approved, March 6, 1899. H. B. NO. 251. GENERAL GEORGE WASH TO SECURE THE PRESERVATION OF THE EQUESTRIAN STATUE OF Be it enacted by the Legislature of the State of Idaho: SECTION 1. That the sum of five hundred dollars, or so much thereof as may be found necessary, be and is hereby appropriated, out of any moneys in the State treasury not otherwise appropriated, to place in a state of repair and preservation, the equestrian statue of General George Washington now occupying a place upon the Capitol grounds. SEC. 2. That said repairs shall include a new base and pedestal for said statue, preferably of stone. SEC. 3. All monies appropriated in accordance with the provisions of this Act shall be expended under the supervision of the Board for Capitol Building and Grounds. Approved, March 4, 1899. H. B. NO. 254. TO PROVIDE FOR THE FREE AND UNIFORM TEXT BOOKS FOR THE PUBLIC SCHOOLS OF THE STATE OF IDAHO. Be it enacted by the Legislature of the State of Idaho: SECTION 1. The Governor of the State of Idaho is hereby authorized and empowered to appoint five persons, one of whom shall be the State Superintendent of Public Instruction, and four of whom shall be educators |