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of the legal voters, as indicated by their votes for such office, not regarding technicalities or error in spelling the name of any candidate for such office; and the clerk of said board shall issue a certificate to the person declared to be elected by said board, which shall be conclusive evidence of the right of said person to hold such office.

SEC. 40. This act shall not be construed so as to impair, in any way, the right of any person to contest any election in the manner otherwise provided by statute.

OF RESIGNATIONS, VACANCIES, AND REMOVALS, AND SUPPLYING VACANCIES.

SEC. 41. Resignations shall be made as follows: First. By the territorial officers, and by all officers elected by the legislature, to the governor. Second. By all county officers, to the county commissioners of their respective counties. Third. By all other officers holding their offices by appointment, to the body, board, or officer that appointed them.

VACANCIES.

SEC. 42. Every office shall become vacant on the happening of any of the following events, before the expiration of the term of such office: First. The death of the incumbent. Second. His resignation. Third. His removal. Fourth. Ceasing to be an inhabitant of the territory, district, county, or town, for which he shall have been elected or appointed, or within which the duties of his office are to be discharged. Fifth. His conviction of any infamous crime, or of any offence involving the violation of his official oath. Sixth. His refusal or neglect to take oath of office, or to give or render his official bond, or deposit such oath or bond within the time prescribed by law. Seventh. The decision of a competent tribunal declaring void his election or appointment.

SEC. 43. The governor shall also declare vacant the office of every officer required by law to execute an official bond, whenever a judgment shall be obtained against such officer for a breach of the condition of such bond.

SUPPLYING VACANCIES.

SEC. 44. When a vacancy shall occur during a recess of the legislature, in any office which the legislature are authorized to fill by election, or which the governor, subject to confirmation of legislative council, is authorized to fill, the

governor, unless it is otherwise specially provided, may appoint some suitable person to perform the duties of such office.

SEC. 45. When at any time there shall be, in any of the county or precinct offices, no officer duly authorized to execute the duties thereof, some suitable person may be appointed by the county commissioners to perform the duties of such offices: Provided, That in case there is no board of county commissioners, the governor may, on notice of such vacancy, create or fill such board.

SEC. 46. Every person so appointed in pursuance of the last two preceding sections, shall, before proceeding to execute the duties assigned them, qualify in the same manner as required by law of the officers in whose place they shall be appointed; and they shall continue to exercise and perform the duties of the office to which they shall be so appointed until such vacancy shall be regularly supplied as provided by law.

SEC. 47. This act shall be in force and take effect from and after its approval by the Governor.

APPROVED, January 23d, 1864.

BILLS OF EXCHANGE, ETC.

AN ACT relative to Bills of Exchange and Promisory Notes. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. All notes in writing, made and signed by any person, whereby he shall promise to pay to any other person, or to his order, or to the order of any other person, or unto the bearer, any sum of money therein mentioned, shall be due and payable as therein expressed, and shall have the same effect and shall be negotiable in like manner as inland bills of exchange, according to the custom of merchants.

SEC. 2. Every such note, signed by the agent of any person under a general or special authority, shall bind such person, and shall have the same effect and be negotiable as above provided.

SEC. 3. The word "person" in the last preceding sections

shall be construed to extend to every corporation capable by law of making contracts.

SEC. 4. The payees and endorsers of every such note, payable to them at their order, and the holders of every such note payable to bearer, may maintain action for the sums of money therein mentioned, against the makers and endorsers thereof respectively in like manner as in cases of inland bills of exchange, and not otherwise.

SEC. 5. Such notes, made payable to the maker thereof, or to the order of a fictitious person, shall, if negotiated by the maker, have the same effect and be of the same validity as against the maker, and all persons having knowledge of the facts, as if payable to bearer.

SEC. 6. No person within this territory shall be charged as an acceptor on a bill of exchange, unless his acceptance shall be in writing, and signed by himself or his lawful agent.

SEC. 7. If such acceptance be written on paper other than the bill, it shall not bind the acceptor, except in favor of a person to whom such acceptance shall have been shown, and who on the faith thereof, shall have received the bill for a valuable consideration.

SEC. 8. An unconditional promise in writing to accept a bill before it is drawn, shall be deemed an actual acceptance, in favor of any person who, upon the faith thereof, shall have received the bill for a valid consideration.

SEC. 9. Every holder of a bill, presenting the same for acceptance, may require that the acceptance be written on the bill; a refusal to comply with such request shall be deemed a refusal to accept, and the bill may be protested for non-acceptance.

SEC. 10. The last four sections shall not be construed to impair the right of any person to whom a promise to accept a bill may have been made, and who, on the faith of such promise shall have drawn or negotiated the bill, to recover damages of the party making such promise, on his refusal to accept such bill.

SEC. 11. Every person upon whom a bill of exchange is drawn, and to whom the same is delivered for acceptance, who shall destroy such bill, or who shall refuse, within twentyfour hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder, shall be deemed to have accepted the

same.

SEC. 12. The rate of damage to be allowed and paid upon the usual protest for non-payment of bills of exchange, drawn or negotiated within this territory, shall be as follows: First.

If such bill shall have been drawn upon any person or persons in any of the United States east of the Rocky Mountains, fifteen dollars upon the hundred upon the principal sum specified in such bill. Second. If such bill shall have been drawn upon any person or persons in any part or place in Europe, or in any foreign country, twenty dollars upon the hundred upon the principal sum specified in such bill.

SEC. 13. Such damages shall be in lieu of interest, charges of protest, and all other charges incurred previous to and at the time of giving notice of non-payment; but the holder of such bill shall be entitled to demand and recover lawful interest upon the aggregate amount of the principal sum specified in such bill, and of the damages thereon, from the time at which notice of protest for non-payment shall have been given, and payment of such principal sum shall have been demanded.

SEC. 14. If the contents of such bill be expressed in money of account of the United States, the amount due thereon, and of the damages herein allowed for the non-payment thereof, shall be ascertained and determined without any reference to the rates of exchange existing between the territory and the place in which such bill shall have been drawn, at the time of demand, or of a notice of non-payment.

SEC. 15. If the contents of such bill be expressed in money of account or currency of any foreign country, then the amount due, exclusive of the damages payable thereon, shall be ascertained and determined by the rate of exchange or the value of such foreign currency at the time of the demand of payment.

SEC. 16. When a bill of exchange shall be protested for non-acceptance, the same rate of damages shall be allowed on the protest for non-acceptance as provided in the last four sections, and shall be in lieu of interest, charges of protest, and all other charges incurred previous to and at the time of giving notice of non-acceptance; but the holder shall be entitled to recover interest upon the aggregate amount of the principal sum specified in the bill, and of the damages thereon, from the time at which notice of protest for non-acceptance shall have been given.

SEC. 17. The damages allowed by this act shall be recovered only by the holder of the bill who shall have purchased the same, or some interest therein, for a valuable consideration.

SEC. 18. In all cases where notice of non-acceptance of a bill of exchange, or non-payment of a bill of exchange, promissory notes, or other negotiable instruments may be given by sending the same by mail, it shall be sufficient if

such notice be directed to the city or town where the person sought to be charged by such notice resides at the time of drawing, making, or indorsing such bill of exchange, promissory note, or other negotiable instrument, unless such person, at the time of affixing his signature to such bill, note, or other negotiable instrument, shall, in addition thereto, specify thereon the post office to which he may require the notice to be addressed.

SEC. 19. Nothing in this act shall apply to bills of exchange, promissory notes, or other negotiable instruments made or drawn before this act takes effect.

SEC. 20. The following days, namely, the first day of January, the fourth day of July, and the twenty-fifth day of December, shall for all purposes whatsoever, as regards the presentation for payment or acceptance, and for the protesting and giving notice of the dishonor of bills of exchange, checks, and promissory notes, made after the passage of this act, be treated and considered as is the first day of the week, usually called Sunday. Three days, commonly called days of grace, shall be allowed, except on sight bills or drafts; and any one of the holidays specified in this act, coming within the three days of grace, shall be counted as one of such days.

SEC. 21. This act shall take effect and be in full force from and after its passage.

APPROVED, January 16, 1864.

CREATING OFFICE OF DISTRICT ATTORNEY.

AN ACT Creating the office of District Attorney in each of the organized judicial districts of Idaho territory, and to define their duties, privileges and powers, and fix their salaries, &c.

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

SECTION 1. There shall be a district attorney for each of the organized judicial districts, as now established by law; they shall hold their offices for the term of two years, and until their successors are elected, or appointed as required by law.

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