has really experienced the losses by him stated, and that the said losses may have reduced him to the situation in which he finds himself: Provided, All legal mortgages and liens bona fide existing on such property, at the time of the surrender as aforesaid, shall remain good and valid, and may be enforced in the same manner as though no such surrender had been made.

SEC. 37. All the goods, titles, and claims which the insolvent debtor shall have disclosed in his schedule, shall be delivered up to the assignees, as soon as they shall have been appointed; and in case the debtor should refuse to deliver up the goods, titles, effects, or estate in his possession, the Judge shall oblige to that delivery, either by ordering the Sheriff to seize the said property, to be by him delivered up to the assignées, or causing the said insolvent to be imprisoned until the said delivery shall be effected.

SEC. 38. The assignee or assignees appointed under this Act, shall make out a true account of all disbursements made by them in discharge of their duties as assignee or assignees, which shall be verified by the oath of such assignee or assignees, and shall deliver the same to the Judge having jurisdiction of the subject matter, and such Judge shall, in writing, certify such part or parts of the same as he shall deem to be just and necessarily expended by said assignee or assignees in the discharge of their duty, which amount, so allowed, shall be paid out of the property of such insolvent debtor.

SEC. 39. No assignment of any insolvent debtor, otherwise than is provided in this Act, shall be legal or binding upon creditors.

SEC. 40. This act shall take effect and be in force from and after its approval by the Governor.

APPROVED, January 11th, A. D. 1866.

CHAPTER V.

AN ACT

To amend an Act entitled "An Act for securing Liens to Mechanics and others," approved December 17th, A. D. 1864.

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

SECTION 1. That section twelve (12) of an Act entitled "An Act for securing Liens to Mechanics and others," approved December 17th, 1864, be so amended as to read as follows: When any person or persons, as contractors, shall do and perform any labor, or furnish any materials, to the value of fifty dollars ($50) or more, on any shaft, or tunnel, for any organized or incorporated mining company, or for any person or persons, owner or owners, of any quartz lode, or lodes, of gold, silver, or other metals, or for and at the instance and request of any person or persons who were, at the time of the commencement of said work or labor being done and performed, or of said materials being furnished, in the actual possession of such quartz lode, or lodes, by himself or themselves, under bona fide claim of ownership, he or they shall have a lien upon said lode or lodes, together with the tunnel thereto cut and run, or the shaft thereon sunk, for the amount of the value of the labor so done and performed. And all provisions of this Act, respecting the mode of recording, securing and enforcing Mechanics' Liens, both for contractors and sub-contractors, shall, and the same are hereby applicable to this section.

SEC. 2. This Act to take effect and be in force from and after its approval by the Governor.

APPROVED, January 10th, A. D. 1866.

CHAPTER VI.

AN ACT

Entitled an Act to establish a Common School System, and to provide for the Maintenance and Supervision of Public Schools.

TITLE I.

General School Fund, how created; section 1.

Public Schools, how established and maintained; sec. 2.

Further support, how accomplished; sec. 3.

Board of Education, who shall constitute; sec. 4.

Collection of school money, how made; sec. 5.

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

ARTICLE I.

SECTION 1. That the principal of all moneys accruing to this Territory from the sale of any land heretofore given, or which may hereafter be given, by the Congress of the United States for school purposes, together with any moneys that by legacy or otherwise appropriated to the general school fund, and all moneys accruing to the Territory from unclaimed moneys of the estates of deceased persons, shall constitute an irreducible and indivisible fund, the interest accruing from which, and also one per cent. of the gross proceeds of all franchises, as provided in an Act entitled an Act to levy a tax of one per cent. of the gross proceeds of toll roads, bridges and ferries in this Territory, to constitute a general school fund, approved December 22d, A. D. 1864, shall be divided semiannually among all the counties in the Territory, entitled by the provisions of this Act to receive the same, in proportion to the ascertained number of white persons between the ages of five and eighteen years in said counties, for the support of public schools.

SEC. 2. For the purpose of establishing and maintaining public schools in the various counties of this Territory, it shall be the duty of the County Commissioners of each county, at the time of levying the taxes for county and Territorial taxes, to levy a tax of not less than one and a half mills, nor more

than two mills, on each and every dollar of taxable property in their said county, and said tax shall be assessed and collected as other taxes on property for county and Territorial purposes; Provided, however, that the Tax Collector and Treasurer of said county shall not receive any fees for said collection of taxes for school purposes, but shall perform said duty without fee or reward; and the said moneys so collected are hereby appropriated to the support of the schools of said county, and shall be paid over to the County Treasurer, and by him kept in a separate account, to be called the County of- School Fund, and shall only be drawn from said County Treasurer in the manner hereinafter prescribed.

SEC. 3. For the further support of common schools there shall be set apart by the County Treasurer, the same to be placed by the said County Treasurer to the school fund of said county, all moneys arising from fines for a breach of any penal laws of this Territory, such money arising from fines, is hereby required to be paid over by Justices of the Peace or other of ficers receiving the same, to the County Treasurer, within thirty days after collection.

SEC. 4. The re shall be a Territorial Board of Education. The Governor of the Territory, Territorial Superintendent of Public Instruction and the Territorial Controller, shall be and are hereby constituted said Board. The Territorial Board of Education shall have a seal, an impression of which and description shall be deposited by said Board in the office of the Secretary of the Territory, and during the first week of each annual session of the Legislative Assembly of this Territory, the Board of Education shall make to said Legislative Assembly a full report of all their official acts. The necessary expenditure for said seal shall be paid from the Territorial school fund, upon a warrant drawn as other warrants are authorized to be drawn on said Territorial school fund.

SEC. 5. The money for school purposes to be collected as provided in "An Act, to levy a tax of one per cent. of the gross proceeds of toll roads, bridges and ferries in this Territory, to constitute a general School Fund, approved Dec. 22d, 1864," shall from and after the first day of October, A. D. 1865, be collected as follows: It shall be the duty of the Sheriff of the respective counties within thirty days after the first day of April and October in each year, to collect said tax, by calling at the place of business of the owner or owners of said road, trail, bridge franchise or ferry, at which time it shall be the duty of said owner or owners, or one of them, or his or their agent, to make a statement, sworn to and subscribed before said Sheriff or his deputy, of the amount of gross pro

ceeds of said road, trail, ferry, franchise or bridge for the preceding six months ending the last day of March or September, accruing in such county, and it is hereby made the duty of such Sheriff to collect one per cent. of said amount in the same manner as Territorial and County revenue are by law collected. And in case the owner or owners of said road, trail, bridge franchise or ferry, or their agent, refuse to make the statement under oath as required in this section, said Sheriff shall assess the same at his discretion, and collect said tax, together with one hundred per cent. in addition, and the Sheriff shall pay all taxes collected under this section of this Act into the County Treasury, reserving six per cent. for the cost of collecting. The statements of the various franchise holders shall be filed by the Sheriff with the County Auditors, and said Auditors shall forward, at each return required by law, to the Territorial Controller a certified transcript of statements received and moneys collected and paid over to the County Treasurers under the provisions of this Section.

TITLE II.

Superintendent, duties of; sec. 1, 3.
Apportionment, how made; sec. 1.

ARTICLE II.

SECTION 1. It shall be the duty of the Superintendent of Public Instruction, by and with the advice and subject to the supervision of the Territorial Board of Education: FirstTo prepare and publish in accordance with this Act, instructions and forms for the direction of the County Superintendents Boards of Trustees, Marshals and Teachers of the common schools, and to distribute to each County Superintendent a sufficient number of the copies of this Act, and of the said instructions and forms, for the supply of the common school officers in the county. Second-By all proper means in his power to disseminate intelligence and useful knowledge among the people in relation to the method and value of education. Third-To exercise a general supervision over such schools as may be established by law, in accordance with this Act. Fourth-Immediately after the Territorial Controller has made his semi-annual reports, as required by law, to apportion to the several counties the amount of school moneys in the Territorial treasury to which each shall be entitled under the provisions of this Act, in proportion to the number of children re