CHAPTER XXIV. AN ACT To amend Sections two, five and seven of an Act relative to Estrays, approved December 22, 1864. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. Section second of the above entitled Act shall read as follows: "Any person finding an animal known to be an estray, upon land owned and enclosed by such person, at any time between the first day of November and the first day of April, may immediately take up such animal as an estray; or if, during such time, an animal be found upon the premises owned and occupied by another, in a condition as to require food to preserve its life, it may be taken up and published as an estray in accordance with the provisions of this Act." SEC. 2. Section five shall read as follows: "If the owner, or any person entitled to the possession of any estray, shall ap pear at any time within six months after said notice is filed with the Auditor as aforesaid, and make out his right thereto, he shall be entitled to the possession and ownership of such estray, upon paying all lawful charges which have been incurred in relation to the same." SEC. 3. Section seven shall read as follows: "If any person entitled to the possession of any estray shall not appear and substantiate his title thereto, and pay the charges thereon, within six months from the time when the notice is filed with the County Auditor, as provided for in this Act, such estray shall be sold at the request of the taker up, by the Sheriff or any Constable of this county, at public auction, upon first giv ing public notice thereof in writing, by posting up the same in three of the most public places in the precinct, when such es tray may have been 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, and the fees of the Sheriff or Constable, which shall be the same as on an execution, the remaining proceeds of such sale shall be deposited in the County Treasury, to be applied to the Common School Fund of said county. SEC. 4. This Act to take effect from and after its approval by the Governor. APPROVED, January 9th, A. D. 1866. CHAPTER XXV. TERRITORIAL PRISON COMMISSIONER. Territorial Treasurer ex officio Commissioner, duties of; sec. 1. Convicts, duties of Sheriffs relative to; sec. 3. Commissioner to have supervision over; sec. 4. Expense of keeping, how provided for; sec. 5. Sheriffs, duty relative to; sec. 6. Prison Keeper, duties of; sec. 7, 8, 9. Commissioners to examine and certify accounts; sec. 9. Controller to draw warrants; sec. 9. Improvements, how to be made; sec. 10. Requisition of Governor, how executed; sec. 11. Compensation of officer; sec. 11. Prison Keeper to execute a bond; sec. 12. Prison Keeper, compensation of; sec. 13, 14. Prison Keeper to be allowed. guard; sec. 15. Compensation of Sheriffs for delivery of prisoners; sec. 17. AN ACT To create a Territorial Prison Commissioner, and to provide for the care and safe keeping of Territorial Convicts. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. The Territorial Treasurer is hereby made ex officio Territorial Prison Commissioner, and it shall be his duty to exercise a general supervision over all Territorial prisoners within this Territory. SEC. 2. The County Jail of Boise county is hereby made a temporary Territorial Prison, and the Sheriff of said county made Keeper thereof. SEC. 3. The Sheriff of each county in this Territory, other than Boise county, are hereby required to transfer any Territorial convict or convicts that are now, or may hereafter be, lodged in the jails of their respective counties, to the Territorial Prison, in said Boise county. SEC. 4. The Territorial Prison Commissioner shall have the general supervision of the said Territorial Prison, and of the Territorial convicts therein. SEC. 5. For the purpose of defraying the expense of keeping Territorial prisoners, there shall be set aside thirty per cent. of all Territorial tax hereafter levied and collected, to constitute a special Territorial Prison Fund. SEC. 6. The Sheriffs of their respective counties are hereby required to furnish the necessary shackles, fetters, or other means of confinement, and necessary food and subsistence for such convicts, until they are lodged in the Territorial Prison, to be paid out of the special Prison Fund. SEC. 7. The Territorial Prison Keeper, under the direction of the Prison Commissioner, shall, when it will conduce to the public interest, employ, or cause to be employed, at hard labor, all Territorial convicts which are now, or may hereafter be, sentenced to the Territorial Penitentiary, by writ of the laws of this Territory, and it shall be the duty of the Prison Keeper to keep and render an exact account of the amount and value of all the labor performed by such prisoners, and of all the expenses attending such labor, during the time of such employment; and he shall also make quarter-yearly report, in detail, to the Prison Commissioner, showing a fair and just exhibit of all such labor, and expense incurred. Said report shall be made on the first Monday of January, April, July and October of each year. SEC. 8. The Territorial Prison Keeper shall furnish suitable guards, and all necessary tools, for working the prisoners, at his own expense, and pay over to the Territorial Treasurer fifty per cent. of the gross proceeds of all convict labor. SEC. 9. It shall be the duty of the Territorial Prison Commissioner to examine and certify all accounts of the Sheriffs of the various counties, and the Territorial Prison Keeper, to the Territorial Controller, when satisfied they are legal; and the Territorial Controller shall draw his warrant upon the Territorial Prison Fund for the amount, to be paid by the Territorial Treasurer: Provided, That the account of the Territorial Prison Keeper shall be allowed by the Territorial Prison Commissioner, on the first of every month, and the amount legally due the said Prison Keeper, certified by said Prison Commismissioner to the Territorial Controller, who shall draw his warrant for the sum so due, upon the Territorial Treasurer, who shall pay the same out of the Territorial Prison Fund. SEC. 10. The Territorial Prison Keeper, under the direc tion of the Territorial Prison Commissioner, and with the consent of the Board of County Commissioners of Boise County, shall make such improvements and alterations to the County Jail of said Boise County, as may be absolutely necessary to carry out the provisions of this Act, which expense shall be paid out of said Prison Fund. SEC. 11. Whenever it shall be necessary for any officer or other person, in pursuance of any requisition of the Governor of this Territory, upon the authorities of any State, or Territory, or county, for the extradition of any person charged with crime in this Territory, to travel from this Territory, such officer or other person traveling shall be allowed, from the Territorial Prison Fund, a sum equal to his actual expenses, and six dollars per day, for the time actually required for the performance of such service, which sum shall be ascertained by the affidavit of the party claiming the same. SEC. 12. The Territorial Prison Keeper is hereby required to enter into bonds, with sufficient securities, to the satisfaction of the Territorial Prison Commissioner, conditioned for the faithful performance of the duties, and paying over to the Territorial Treasurer of all gross proceeds of prison labor, as required by law, in the sum of ten thousand dollars. SEC. 13. The Territorial Prison Commissioner shall receive the sum of ten dollars per day, when actually employed, and fifty cents per mile for going, only, payable quarter yearly; for which the Territorial Controller shall draw his warrant in favor of the aforesaid Prison Commissioner, upon the Territorial Treasurer, who shall pay the same out of said prison fund. SEC. 14. The Prison Keeper is hereby allowed, as full compensation for his services as such, the sum of two thousand and five hundred dollars per annum, and is hereby allowed the sum of two dollars and fifty cents per day for each and every Territorial convict, which shall be full compensation for boarding, lodging, clothing, washing, and medical attendance, of such Territorial convict or convicts. SEC. 15. The Territorial Prison Keeper shall be allowed two guards. The salary of said guards shall be six dollars per day, payable out of the said Territorial Prison Fund. SEC. 16. All Acts, or parts of Acts, in conflict with the provisions of this Act, be and the same are hereby repealed. SEC. 17. The Sheriff shall receive for a prisoner delivered at the Territorial Prison, eighty cents per mile, one way, for the distance established by law, from the county seat of his county to the Territorial Prison; and for every additional prisoner taken to the Territorial Prison at the same time, fifty cents per mile, for one way only. SEC. 18. This Act to take effect and be in full force from and after its passage, and approval by the Governor. APPROVED, January 10th, A. D. 1866. To amend an Act relative to Attorneys and Counselors at Law. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That section three of said Act shall read as follows: Every applicant for admission as attorney and counselor, shall produce satisfactory testimonials of good moral character, and undergo an examination by a committee of attorneys appointed by the Court as to his qualifications. SEC. 2. All laws in conflict with this Act are hereby repealed. SEC. 3. This Act to take effect from and after its approval by the Governor. APPROVED, January 5th, A. D. 1866. CHAPTER XXVII. AN ACT To create the office of County Coroner, in each of the organized counties of this Territory. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That there shall be elected, by the qualified electors of each organized county of this Territory, at the same time and place as other county officers are elected, one County Coroner, whose duties shall be such as shall be prescribed by law, who shall hold his office for the term of two years. SEC. 2. This Act to take effect and be in force from and after its approval by the Governor. APPROVED, January 3d, A. D. 1866. |