SEC. 375. No action to obtain a discovery under oath, in aid of the prosecution, or defense of another action or proceeding, shall be allowed; nor shall any examination of a party be had on behalf of the adverse party, except in the manner provided by this and the foregoing chapter. SEC. 377 is hereby repealed. SEC. 378. If an adverse party refuses to attend and testify at the trial, or to give his deposition before trial or upon commission, when required, his complaint or answer may be stricken out, and judgment be taken against him; and he may be, also, in the discretion of the Court, proceeded against as in other cases for a contempt. SEC. 379 is hereby repealed. "When The following is an amendment to Section 498: the debtor is in another county than that in which the writ of arrest was issued, he may be arrested in that county, upon the written direction of a Magistrate of that county, indorsed upon the warrant, signed by him, with his name, office, and dated at the county, city or town, where it is made, to the following effect: This warrant may be executed in the county of or as the case may be.'" SEC. 726 is hereby repealed. That this Act take effect and be in force from and after its approval by the Governor. APPROVED, January 12th, A. D. 1866. CHAPTER II. AN ACT To amend an Act entitled "An Act to provide Increased Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. The per diem compensation of members and attaches of the Legislative Assembly is hereby increased, in addition to the compensation provided by 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 Clerks the sum of seven dollars; to each of the Engrossing and Enrolling Clerks the sum of six dollars; to each of the Sergeant-at-Arms and Door. keepers the sum of six dollars; to each of the Porters the sum of six dollars; and the per diem compensation of each page employed by the Legislative Assembly shall be three dollars. SEC. 2. The several sums appropriated in section first 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. 3. Sections first and third of the Act of which this is amendatory, are hereby repealed. This Act to take effect and be in force from and after its approval by the Governor. APPROVED, January 9th, A. D. 1866. 1 CHAPTER III. ELECTION AMENDMENTS. Polls, when to open and when to close; sec. 2. Challenge, by whom made; manner of procedure; sec. 2. Qualification of; sec. 2. AN ACT To amend an Act entitled "An Act Relative to Elections," approved Dec. 17, 1864. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. Section eleven of an Act entitled "An Act Relative to Elections," approved December 17th, 1864, is amended so as to read as follows: Section 11. At all elections to be held under this Act, the polls shall be opened at the hour of eight o'clock in the forenoon, and continue open until eight o'clock in the evening of the same day, at which time the polls shall be closed, and upon opening the polls, one of the Clerks, under the direction of the Judges, shall make proclamation of the same, and thirty minutes before closing the polls proclamation shall be made in like manner, and the polls shall be closed in half an hour thereafter. SEC. 2. Section 16. If any person_offering to vote shall be challenged, as unqualified, by any Judge or Clerk of the election, or by any other person entitled to vote at the same poll, and either Judge shall challenge any person offering to vote whom he shall know or suspect not to be qualified; when any person who offers his vote shall be challenged, one of the Judges shall declare to the person so challenged the qualifications of an elector; if such person shall then declare himself duly qualified, and the challenge not be withdrawn, one of the Judges shall then tender him the following oath: "You do solemnly swear, or affirm, that you are a citizen of the United States, of the age of twenty-one years, that you have resided in this Territory for four months and in this county for thirty days last past, and have not previously voted at this election." Provided, that when a person is entitled to vote only for a part of the officers voted for at such election, the oath shall be varied accordingly, and the clerks shall enter the names of all persons on the poll lists, who are challenged and sworn, in brackets, and such evidence shall be presumptive evidence of such votes, and if any person shall refuse to take the oath so tendered, his vote shall be rejected; and, provided further, that no volunteer in the service of the United States shall be allowed to vote at any election in this Territory. SEC. 3. This Act to be in force from and after its approval by the Governor. APPROVED, January 9th, A. D. 1866. CHAPTER IV. WEIGHTS AND MEASURES. Standard, County Commissioners to procure weights, etc., secs. 1, 4. County Sealer, shall give bond, secs. 2, 3. Office where kept, sec. 5. Duty of persons having scales, beams, etc., sec. 6. Penalty for non-compliance, sec. 6. Contracts, when made, how to be complied with, sec. 7. Weights, what constitutes one hundred weight, and what a ton, sec. 8. Statute bushel, what constitutes, secs. 9, 10, 11. Fees for services, sec. 12. Sealers's duties, secs. 12, 13. AN ACT Concerning Weights and Measures. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. There shall be but one standard of measures of length and surface, one of weights and one of measures of capacity, throughout this Territory. SEC, 2. The County Clerks of the various counties in this Territory shall be the County Sealers of weights and measures in their respective counties. SEC. 3. Before entering upon the discharge of his duties, each County Sealer shall take the oath prescribed by law, for other county officers, and enter into bonds in the penal sum of one thousand dollars for the faithful performance of his duties, SEC. 4. And it shall be the duty of the several Boards of County Commissioners of the various counties in this Terri tory, at their first session after the passage of this Act, to procure a full set of standard weights and measures, for the use of the Sealer of Weights and Measures of their respective counties, and that the same shall be paid out of any money in, or the first money paid into, the contingent fund of said county, which shall be in conformity with that established by the Congress of the United States, which shall consist of a yard, a pound weight, avoirdupois, and a thirty-two-ounce set of troy weights, a liquid gallon, and a half bushel, and the usual subdivisions of such weights and measures. The said standards to be certified to by the Weigher and Measurer of the United States Custom House. SEC. 5. Said weights and measures shall be kept in the office of the County Sealers, who shall keep his office at the county seat, and shall be sealed with the county seal of the county, and a certificate of their accuracy, under affidavit of said Sealer, shall be entered upon the minutes of the Board of County Commissioners of each county respectively, and a copy thereof transmitted to the Secretary of the Territory, and filed by him in his office. SEC. 6. It shall be the duty of all persons using weights, measures or beams, by which any commodity or article of traffic or trade, or gold dust, or bullion, is weighed or measured, to have the same certified by the County Sealer at least once in each year, and any person hereafter using any weights, measures or beams, in weighing or measuring, not conformable to the standard of the county in which such weights, measures or beams are used, or not properly stamped and certified to by the County Sealer, he, or she, shall be liable to indictment therefor, and upon conviction thereof, shall be punished by a fine, not less than fifty dollars, nor more than one thousand dollars, or by imprisonment in the county jail for a period not less than thirty days nor more than six months, or by both such fine and imprisonment. All fines from the above source shall be paid into the County Treasury for county school purposes. SEC. 7. Contracts hereafter to be executed, made within this Territory, for any work to be done, or for anything to be sold, delivered or agreed for by weight or measure, shall, unless otherwise agreed upon and stipulated between the parties, be taken and construed to be made according to the standard weight and measure thus ascertained and provided for by this Act. SEC. 8. The hundred weight shall consist of one hundred pounds, and twenty such hundreds shall constitute a ton. |