board of county commissioners, and attend their meetings, an keep a record of their proceedings, and the sheriff of county shall also, by himself or deputy, attend and exec their orders.

SEC. 7. The said board of county commissioners are hereby authorized to hold extra sessions, in any case they may think the business of their county requires the same; and ten days notice from any two of the commissioners to the third, shall be considered a sufficient call for said extra session: Provided, that no such extra session shall exceed three days.

SEC. 8. The commissioners shall each receive six dollars per day for each and every day they may be necessarily employed in transacting the county's business, and twenty-five cents a mile for every mile traveled in going to and returning from the meeting of said board, or in the discharge of any official duty, to be computed by the most usually traveled

route.

SEC. 9. When two only of the members shall be present at the meeting of the board, and a division shall take place on any question, it shall be postponed to a subsequent meeting.

SEC. 10. The commissioners of each county shall have and use a seal, for the purpose of sealing their proceedings; and copies of the same, when signed and sealed by said commissioners, and attested by their clerk, shall be good evidence of such proceedings in the trial of any cause in any court of this territory; and until such seal shall be provided, the private seal of the chairman of such board of county commissioners shall be considered a seal.

SEC. 11. The several boards of county commissioners are authorized and required: First. To provide for the erection and repairing of court houses, jails, and other necessary public buildings for the use of the county. Second. To lay out, discontinue, or alter county roads and highways, within their respective counties, and to do all other necessary acts relating thereto. Third. To license and fix the rates of ferriage, to grant grocery and other license authorized by law to be by them granted. Fourth. To fix the amount of taxes to be assessed according to the provisions of law, and cause the same to be collected. Fifth. To allow all accounts chargeable against such county not otherwise provided for, and to audit the accounts of all officers having the care, management, collection, disbursement of any money belonging to the county or appropriated to its benefit. Sixth. To have the care of the county property, and management of the county funds and business; except in cases otherwise provided for,

and shall have no other powers except such as are, or may be given by law.

SEC. 12. Real estate belonging to any county may be sold by an agent duly appointed by the order directing such sale, who shall have the same powers as a commissioner appointed to sell real estate by the district or probate court.

SEC. 13. The board of county commissioners shall cause to be recorded in a book kept for that purpose, all their proceedings and their determinations touching all matters properly cognizable before them, and all books, accounts, vouchers, papers and accounts touching the business or property of the county shall be carefully kept by the clerk, and open to the inspection of every person.

SEC. 14. The commissioners aforesaid, at their first session after the annual election in each and every year, shall direct one of their number to preside at the meetings of their board; and he shall sign all documents requiring the signature of the board, and the signature of such person as chairman of the board of commissioners shall be as legal and binding as if the whole board had affixed their names: Provided, That in case such chairman shall be absent at any meeting of the board, all documents requiring the signature of the board shall be signed by both members present.

SEC. 15. It shall be the duty of the board of county commissioners to provide offices for the sheriff, the county auditor, and clerk of the district court; and also to provide all books and stationery necessary for the use of the board of county commissioners, the office of the county auditor, the clerk of the district court, the probate court, and county treasurer; and also to provide convenient desks for the preservation and security of the books and other documents in the several offices.

SEC. 16. At the July session, the board of county commissioners shall examine and compare the accounts and vouchers of the county auditor and county treasurer, count the funds in the county treasury, and shall make a full and accurate statement of the receipts and expenditures of the preceding year, and shall cause the same to be posted up at the court house door, and two other public places in their county, and if there shall be no court house, then at three public places in such county, and shall publish the same in some newspaper in such county, if there be any.

SEC. 17. The board of county commissioners, at their session in July in each year, shall receive and inspect the assessment roll returned by the assessors, and if it be found correct, it shall be accepted by the board in writing, signed by

the chairman and attested by the clerk, and cause the same to be filed in the office of the county auditor, where it shall remain as a matter of record, and shall be a guide for future assessors, so far as the same shall remain correct.

SEC. 18. It shall be the duty of the board of county commissioners, at their first session, to divide their respective counties into election precincts, in such manner as shall be most convenient for the population, and appoint a place for the elections therein; and they shall create new precincts from time to time as the population may require; and on the petition of ten voters resident more than ten miles from any place of election, it shall be the duty of the board of county commissioners to establish a precinct, and appoint judges of election therefor.

SEC. 19. The boards of county commissioners of the several counties of this territory are vested with the entire superintendence of the poor of their respective counties.

SEC. 20. The county commissioners of their respective counties shall have power to compound for a release, in whole or in part, of any debt due to their county, and for the use thereof, when in their opinion the interests of the county will not be prejudiced thereby; except in cases when they or either of them are personally interested.

SEC. 21. No county commissioner shall, directly or indirectly as contractor, be concerned in any contract for work to be done, or materials to be furnished for the county, under the penalty of two hundred dollars, to be recovered by an action at law, for the use of the county; and such commissioner shall moreover forfeit any compensation he was to receive on such

contract.

SEC. 22. The commissioners are authorized and empowered to administer all oaths or affirmations necessary in the discharge of the duties of their office.

SEC. 23. Until proper buildings are erected at a place fixed upon for the seat of justice in any county, it shall be the duty of the county commissioners to provide some suitable place for holding the courts of such county.

SEC. 24. Any person may appeal from the decision of the board of commissioners, to the next term of the district court of the same county; such appeal shall be taken within twenty days after such decision, and the party appealing shall notify the commissioners that the appeal is taken, at least ten days before the first day of the next term of the court appealed to; which notice shall be in writing, and shall be delivered personally to the commissioners, or left with the clerk of the board; and the party appealing shall give bond to the county,

with one or more sureties, to be approved by such clerk, conditioned to pay all the costs which shall be adjudged against him on such appeal in the said district court.

SEC. 25. This act to take effect and be in force from and after the approval of the governor. APPROVED February 13, 1864.

COMMON LAW.

AN ACT adopting the Common Law of England.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. The common law of England so far as the same is not inconsistent with the provisions of the constitution and laws of the United States, the organic act and laws of this territory, be the law of the land in this territory.

SEC. 2. This act to take effect and be in force from and after its approval by the governor.

APPROVED January 4, 1864.

COMPENSATION TO OFFICERS.

AN ACT to provide increased compensation to officers in this Territory.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. The salaries of the following officers are hereby increased, in addition to the sums already provided by the United States government, as follows, viz: To the governor and justices of the supreme court, each, the sum of two thousand five hundred dollars; to the secretary of the territory, the sum of one thousand five hundred dollars.

SEC. 2. The per diem compensation of the members and attachees of the legislative assembly, is hereby increased, in addition to the compensation provided by the United States government, as follows: To each member of the assembly, the sum of six dollars; to each of the chief clerks, the sum of six dollars; to each of the assistant, engrossing, and enrolling clerks, the sum of five dollars; and to the chaplain of each branch of the legislative assembly, the sum of three dollars; to each of the sergeants-at-arms and door-keepers, the sum of four dollars. The per diem compensation to each page employed by the legislative assembly, shall be three dollars.

SEC. 3 The several sums appropriated in section one of this act, to the officers therein named, shall be paid quarterly, the first payment to be made on the first Monday in March, one thousand eight hundred and sixty-four, and regularly thereafter, and the territorial auditor shall issue his warrant on the territorial treasurer in accordance herewith.

SEC. 4. The several sums appropriated in section two of this act, to the officers therein named, shall be due and payable at the end of each week of their several sessions, commencing with the present session, out of any moneys not otherwise appropriated, and the territorial auditor shall issue his warrant to the territorial treasurer in accordance herewith.

SEC. 5. This act to take effect and be in force from and after its approval by the governor. APPROVED January 13, 1864.

CONVEYANCES.

AN ACT concerning Conveyances.

Be it enacted by the Legislative Aesembly of the Territory of Idaho as follows:

SECTION 1. Conveyances of land, or of any estate, or interest therein, may be made by deed signed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved and recorded as hereinafter directed.

SEC. 2. A husband and wife may, by their joint deed, convey the real estate of the wife in like manner as she might do by her separate deed if she were unmarried.