tude to the north-west corner of the boundary line of Montana Territory; thence southerly with the boundary line of said territory to the forty-eighth degree of north latitude, and thence west along the said degree of latitude to the place of beginning; and the county seat of the said county of Kootenai is hereby located at Sin-na-ac-qua-teen.

SEC. 3. That whenever the inhabitants, to the number of fifty or more, of each or either of said counties of Lah-toh and Kootenai, shall desire to perfect a county organization, they shall apply by petition to the governor, who, if he deem it advisable, shall proceed to designate by appointment three discreet and well qualified citizens of the county or counties so applying, to act as a board of county commissioners of such county. The board of county commissioners so appointed, after they shall have qualified in pursuance of law, and entered upon the duties of their office, may proceed to fill, by the appointment of suitable residents of the county, the various county offices, as required by law for other organized counties in this territory.

SEC. 4. The officers appointed in pursuance of section three of this act, shall hold their offices until their successors are, by law, elected and qualified. At the general election, next succeeding the appointment of such county officers as herein mentioned, the qualified voters of the county so organized, shall elect their county commissioners and all other county officers, in the same manner as now prescribed by law for the election of officers for other counties.

SEC. 5. The said counties of Lah-toh and Kootenai shall be attached to and compose a part of the first judicial district, for all judicial purposes; and until such counties, or either of them, shall have completed their organization as in this act provided, they shall be attached to and compose a part of the county of Nez Perce for all civil and criminal jurisprudence: provided, that nothing in this act shall be so construed as to interfere with any Indian reservation, or any treaty stipulations between the government of the United States and any Indian tribe or tribes, within the limits of either of the said counties hereby created.

SEC. 6. This act to take effect and be in force from and after its approval by the governor.

APPROVED, December 22d, A.D. 1864.

28

CHAPTER XXXI.

AN ACT

TO INCORPORATE BOISE CITY, IN BOISE COUNTY.

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

ARTICLE I.

SECTION 1. That Boise City shall be founded as follows: Commencing at a point one-quarter of a mile east of the north-east corner of said town, on the line of the military reserve; thence westerly along said line one mile and one-half; thence due west one-half mile; thence south one mile and one-quarter of a mile; thence east two miles; thence north to the place of beginning.

SEC. 2. The inhabitants of the said Boise City shall be, and they are hereby, constituted a body politic and corporate by the name and style of "Boise City," and by that name, they and their successors shall be known in law, and have perpetual succession, sue and be sued, plead and be impleaded, in all the courts of law whatsoever, and receive property, personal and real within said city, for public buildings, public works, and city improvements, and may dispose of the same for the benefit of the city; may purchase property beyond the limits of the city to be used for burial purposes, and for the establishment of a hospital for the reception of persons afflicted with contagious or other diseases; also, for water works to supply the city with water, and may dispose of the same for the benefit of

said city, and shall have a seal, which they may alter or amend at pleasure.

ARTICLE II.

SECTION 1. For the government of the city, there shall be elected, in the manner hereinafter provided, the following officers: A common council, (consisting of five members) a mayor, a recorder, a treasurer, a marshal, and an assessor, who shall hold their offices for one year, and until their successors shall be duly elected and qualified; and there shall be appointed annually, by the city council, a city attorney, a street commissioner, a city surveyor, and a city collector.

ARTICLE III.

SECTION 1. That a general election for all city officers of the corporation required to be elected under this act, shall be held on the first Monday of January in each year, except the first. The first election can be called at any time, by notices signed by five persons, posted in three conspicuous places at least ten days before the time set for the election, or printed in some paper published in Boise City, for the same number of days immediately preceding the election.

SEC. 2. No person shall be entitled to vote at any city election who shall not be an elector for territorial officers, and have resided in the city at least ten days next preceding the day of election; and no person shall be eligible to any office under this charter, who is not a qualified voter of said city.

SEC. 3. At all elections for city officers, the vote shall be by ballot, at the time and place designated by the city council.

SEC. 4. That all vacancies happening before the annual election, shall be filled by the city council.

SEC. 5. That all elections for city officers shall continue one day, during which time the polls shall be open from eight o'clock, A.M., to six o'clock, P.M.

SEC. 6. The persons who shall have received a plurality of votes for any office, shall be declared duly elected, and the clerk shall issue to him a certificate of election, and upon presentation of the same by him to the council, he shall be sworn into office.

ARTICLE IV.

SECTION 1. The members of the common council shall fix the time and place of holding their stated meetings, and may be convened by the mayor at any time; a majority of the members shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent mem

bers.

SEC. 2. Any ordinance which shall have been passed by the common council, shall, before it becomes a law, be presented to the mayor for his approval; if he approves, he shall sign it; if not, he shall, within ten days, return it with his objection, in writing, to the common council, who shall cause the same to be entered in the journal, and shall proceed to recommend the same. If, after such recommendation, two-thirds of the members of the common council shall agree to pass the same, it shall become a law.

SEC. 3. The mayor and common council shall have power, within the city: First. To make by-laws and ordinances not repugnant to the United States, or to the laws of this territory, necessary to carry into effect the provisions of this act. Second. To levy taxes not to exceed one per cent. per annum upon all real and personal property, made taxable by law for territorial and county purposes. Third. To make regulations to prevent the introduction of contagious diseases into the city, and for securing health, peace, cleanliness, and good order of the city. Fourth. To make such regulations as may be necessary to protect the city against fire. Fifth. To appoint and employ such a police force as they may deem necessary for the protection, peace, and safety of the city. Sixth. To prevent and restrain any disturbance or disorderly conduct, or any indecent and immoral practice within the limits of said city.

ARTICLE V.

SECTION 1. The mayor and members of the common council shall receive no pay for their services, until the city shall contain five thousand inhabitants, and then such pay to be determined by a vote of the city.

SEC. 2. The recorder shall receive the same fees for his services as justices of the peace are entitled to by law for services of a similar nature.

SEC. 3. The marshal shall receive the same fees for his services as constables are entitled to by law for services of a similar nature,

and for other services, such compensation as may be provided by ordinance.

SEC. 4. All other officers provided for by this act, or to be created, shall receive such compensation as may be established by ordinance.

ARTICLE VI.

SECTION 1. It shall be the duty of the mayor to communicate to the common council, at least once in each year, the condition of the city, its finances and improvements.

SEC. 2. All and each of the officers, elected or provided for by the provisions of this act, shall reside within the limits of the city.

SEC. 3. It shall be the duty of the city marshal, in addition to the duties prescribed by the common council, to execute and return all processes issued by the recorder.

SEC. 4. It shall be the duty of the assessor, in addition to the duties prescribed by the common council, to make out within such time as the common council shall order, a correct list of all the property taxable by law within said city. It shall also be the duty of the assessor to collect all moneys and taxes levied by authority of the city, and pay the same over to the city treasurer, monthly.

SEC. 5. It shall be the duty of the city treasurer to receive all moneys that shall come into his hands, by taxation or otherwise, and pay out the same in such manner as shall be prescribed by the common council.

SEC. 6. It shall be the duty of the city attorney to attend to all suits, matters, and things in which the city may be legally interested, give his advice and opinion in writing upon each, when required by the mayor or common council, and attend to all prosecutions against offenders of the city ordinances.

SEC. 7. The common council shall define the duties of all officers by ordinance, which are not herein prescribed.

ARTICLE VII.

SECTION 1. All officers required to be elected under this act, shall, before entering upon the discharge of their duties, take an oath or affirmation (as prescribed by law for county officers) before any person competent to administer oaths.

SEC. 2. All resolutions and ordinances calling for the appropriation of any sums of money exceeding one hundred dollars, shall lay over at least one meeting.