been used as such, at any time within two years prior to the passage of this act, or which may hereafter be declared as such by the board of county commissioners within their respective counties: Provided, That in case any such public highway is now closed, the same shall not be opened without an order of the board of county commissioners.

SEC. 2. It shall be lawful whenever the public interests require it, for the board of county commissioners of each county, to divide the said county into a suitable number of road districts, and there shall be elected at each election, a road supervisor for each district.

SEC. 3. The county clerk of each county shall notify all persons who have been elected road supervisors, within ten days after such election has been made (held), informing them of such election, and describing the boundaries of their respective districts.

SEC. 4. The road supervisors shall cause all highways within their respective districts to be kept clear from obstructions, and in good repair, causing banks to be graded, bridges and causeways to be made, when the same may be necessary to keep the same in good repair, and to rebuild them when destroyed.

SEC. 5. The road supervisors shall have power to make use of any gravel or dirt for improving the roads which may be absolutely necessary from any adjacent lands, and the board of county commissioners may allow such damages, if there be any, to the cwners of such lands, as they may deem just: Provided, That said commissioners shall be liable to pay damages to the county, at the suit of any citizen, if it should be proved that they have allowed extraordinary and extravagant damages.

SEC. 6. If in the opinion of a majority of the board of county commissioners of any county in this territory, the public road policy of that county so demand, there shall be levied and collected, on all able bodied men in each district, a road tax of three dollars, to be collected by the road supervisor, and the auditor of the county shall furnish him with blank receipts for the same, and the road supervisor shall spend the money collected by him, in the improvement of highways, and shall take receipts for all moneys expended by him, and settle with the auditor quarterly, and make a full exhibit of the expenditures made by him: Provided, If any person liable to pay road tax, as herein provided, will perform, or cause to be performed, one full days' work, it shall be full satisfaction for said three dollars.

SEC. 7. Whenever any contract for the improvement of

roads, trails, streets or thoroughfares is to be made, advertisement thereof shall be given by the supervisor of the district in which such improvement is to be made, by posting written notices in two of the most public places of his district, and by advertisement in one newspaper of the county, or, if none be published in the county, by notice posted on the court house door, at least ten days prior to the letting of such contracts, and all contracts shall be awarded to the lowest responsible bidder, subject to the approval of the board of commissioners: Provided, That the supervisor shall have power to make contracts for the improvement of roads, which shall not exceed the sum of fifty dollars, at their option, such contracs to be approved by the board of commissioners.

SEC. 8. The board of commissioners of each county, on presentation of petitions, praying for a county road, trail, or thoroughfare, to be laid out within the county, or praying for such road, trail, thoroughfare, or highway, to be laid out from the dwelling or plantation of any person, to any public road, or from one public road to another and designating the points therein, shall cause notice to be given to the parties owning the lands over which such road is to be located, and if objections by one or more of the owners shall be made, the board of commissioners shall consider and determine the same at their next regular meeting, and if they shall be of the opinion that such road, trail, street, or thoroughfare is necessary, they shall appoint two persons as viewers who shall view out and locate said road, trail, street, or thoroughfare, and upon a return of the certificate of the viewers, shall declare the same to be a public highway; when absolutely necessary, the county surveyor may be called on by the commissioners to assist in said location.

SEC. 9. Each road supervisor shall report to the board of commissioners quarterly, the amount of money collected and paid out by him, and to whom and for what paid, the number of days he has been in actual service, and also a list of delinquents; and said supervisor shall make an affidavit before a justice of the peace, or some other officer qualified to administer oaths, that the said report and delinquent list are correct, to the best of his knowledge and belief, and any person refusing or neglecting to pay the road tax required by this act, to the supervisor, within three days after the same shall have been demanded in writing of him by such supervisor, shall be considered a delinquent, and the supervisor shall proceed to levy, and sell at public vendue, to the highest bidder, after giving public notice as required by law on sales under execution, the property of such delinquent, or so much

thereof as shall be necessary to satisfy such delinquent's road tax and costs of making such sale.

SEC. 10. The road supervisors shall each receive for their services while in actual employment, such compensation as shall be allowed by the board of commissioners, not to exceed six dollars per day.

SEC. 11. If any person shall obstruct any public road, trail, street or thoroughfare, by felling any trees across the same, or by placing any other obstructions therein, or damaging, digging or deepening a creek or river, or its banks so as to destroy a ford or crossing, he shall be liable to prosecution before any justice of the peace, or any commissioner of the county or supervisor of the road district, on behalf of the county, and, on conviction thereof, shall be fined in a sum not exceeding fifty dollars, and shall forfeit five dollars for every succeeding day he shall suffer said obstruction to remain, after he shall have been ordered to remove the same by the supervisors. The road supervisors shall cause to be erected and kept in repair, posts and guide-boards with inscriptions thereon, in letters and figures, giving the direction and distance to the most noted places, to which such roadway leads.

SEC. 12. If any person shall wilfully destroy or injure any bridge or causeway, or remove or cause to be removed any of the plank or timber therefrom, or cut down or injure any tree, planted or growing as a shade tree, in any public highway, street or thoroughfare, by digging in it, he shall be liable to be prosecuted before any justice of the peace, by any commissioner of the county in behalf of said county, and, on conviction thereof, shall be fined in a sum not to exceed one hundred dollars.

SEC. 13. All fines collected under the provisions of this act, shall be paid into the county treasury for the use of the road district in which the same was collected.

SEC. 14. This act to take effect and be in force from and after its approval by the governor.

APPROVED, January 30, 1864.

PROHIBITION OF SALE OF ARDENT SPIRITS, ETC. AN ACT to prohibit the sale of Ardent Spirits, Fire-arms, or Ammunition, to Indians.

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

SECTION 1. Any person who shall after the passage of this act, sell, barter, give or in any manner dispose of any spirituous or malt liquor to any Indian or Indians; or any fire-arms or ammunition of any description whatever to any hostile Indians within this territory, shall be deemed guilty of a misdemeanor, and upon due conviction thereof, before any court of competent jurisdiction, shall be fined in any sum not exceeding five hundred dollars, or be imprisoned in the county jail for any term not exceeding six months, or by both such fine and imprisonment, in the discretion of such court.

SEC. 2. Justices of the peace within their respective counties, are hereby declared to have complete jurisdiction within the meaning of this act.

SEC. 3. White persons and Indians of lawful age, are hereby declared to be competent witnesses in the trial of all causes embraced within the meaning of this act.

SEC. 4. This act to take effect and be in force from and after its approval by the governor. APPROVED January, 25th, 1864.

JUDICIAL DISTRICTS.

AN ACT defining the Judicial Districts of this Territory, assigning the Judges, fixing the times and places of holding the supreme and district courts, and limiting the jurisdiction thereof, providing for special terms and adjournments, for the appointment of clerks, and the procuring of seals, and prescribing the mode of proceeding in the district courts.

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

SECTION 1. This territory is hereby divided into three ju

dicial districts, as follows: The first judicial district shall em→ brace the counties of Idaho, Nez Perce, and Shoshone; the second judicial district shall embrace the county of Boise; the third judicial district shall embrace the county of Missoula, and that portion of the territory lying east of the summit of the Rocky mountains.

SEC. 2. The Hon. A. C. Smith, associate justice of the supreme court, is hereby assigned to the first judicial district; the Hon. Samuel C. Parks, associate justice of the supreme court, is hereby assigned to the second judicial district; and the Hon. Sidney Edgarton, chief justice of the supreme court, is hereby assigned to the third judicial district..

SEC. 3. The district court shall have original jurisdiction in civil cases, when the amount in dispute exceeds on hundred dollars exlusive of interest, and in all felonies, and in all other criminal cases not otherwise provided for.

SEC. 4. The appellate jurisdiction of said court shall extend to hearing upon appeal an order or judgment of a probate court, or justice of the peace, in the cases prescribed by statute.

SEC. 5. There shall be a term of the supreme court of this territory held at the territorial seat of government annually, commencing on the first Monday in August, and such term may be adjourned, from time to time, as said supreme court may order and direct by an entry made in the records of said

court.

SEC. 6. The terms of the first judicial district court shall commence at the county seat of the respective counties as follows: In the county of Nez Perce, on the first Monday in January, the second Monday in April, and the first Monday in November, for the year eighteen hundred and sixty-four, and thereafter, annually, on the second Monday in April and first Monday in November; in the county of Shoshone, annually, on the first Monday in September; in the county of Idaho, annually, on the fourth Monday in May and the first Monday in October.

SEC. 7. The terms of the second judicial district court shall commence, annually, at the county seat of Boise county, on the second Monday in February, first Monday in July, and third Monday in September; and whenever a new county shall be legally organized out of any part of said county of Boise, then, in such new county, courts shall be held, annually, at the county seat of said county, commencing on the third Monday in October.

SEC. 8. The terms of the third judicial district court shall commence, annually, as follows: In the county of Missoula, at Hell Gate, on the third Monday in June; at East Bannack,