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therefrom; providing the manner of assessing, equalizing, collecting and enforcing the same; prescribing the duty and powers of officers in relation to the assessment, equalization, collection and disbursement of revenues, and fixing penalties for failure to execute the same; repealing an act entitled, “An act relating to revenue, etc.,' approved February 16th, 1899, and all other acts and parts of acts inconsistent with the provisions hereof," approved March 22nd, 1901, be amended to read as follows:
Section 7. All the general and special taxes of such cities, towns, villages and independent school districts, levied and assessed under the laws of this State and duly certified by the officers thereof to the assessor, shall become due and delinquent at the time that State and county taxes so become; and such taxes shall attach to and become a lien on the real property assessed as do State and county taxes, all the provisions of this act governing and in aid of assessment and collection of State and county taxes are hereby made applicable to the assessment and collection of all general and special taxes in such cities, towns, villages and independent school districts.
SEC. 3. Whereas an emergency exists therefor, this act shall take effect and be in force from and after its passage and approval.
Approved on the 8th day of March, 1905.
HOUSE BILL NO. 6.
FOR THE APPOINTMENT OF A JUDGE THEREOF; PRO-
OF COURT IN SAID DISTRICT FOR THE YEAR 1905.
SECTION 1. The counties of Canyon, Owyhee and Washington, shall constitute and comprise the Seventh Judicial District of the State of Idaho.
SEC. 2. The Governor shall, within twenty days after the passage and approval of this act, appoint a judge of said Seventh Judicial District, to hold office until his successor is elected at the general election providing for the election of judges in the State of Idaho.
SEC. 3. The said judge so appointed shall, within twenty days after his appointment, appoint and fix the terms of the courts in said district for the year 1905, and thereafter as provided by law.
SEC. 4. All causes, matters or proceedings now pending in the district courts of said counties of Canyon, Owy. hee and Washington, shall be continued, tried and determined in said Seventh District and by the judge thereof, as if originally commenced in the same.
SEC. 5. The judge of the district court of the Third Judicial District is hereby empowered to refix the terms of the district court in said district for the year 1905, and thereafter as provided by law.
SEC. 6. An emergency existing therefor, this act shall take effect and be in force from and after its approval.
This act became a law on the 2nd day of February, 1905.
HOUSE BILL NO. 15.
AT CHAMBERS, PRESCRIBING AND DEFINING SUCH
OF THE REVISED STATUTES OF THE STATE OF IDAHO. Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. A district judge may sit at chambers anywhere within his district, and when so acting, has jurisdiction and power as follows:
1st. To grant, dissolve or modify temporary injunctions.
2d. To discharge attachments.
3d. To hear applications for the sale of perishable personal property held under attachment.
4th. To hear applications for the appointment of a receiver, or to discharge one already appointed, or to modify the order appointing one, and to make all orders in relation to receivers, usually made by a judge or a court in such matters.
5th. To hear applications for mandamus, or habeas corpus, and enter final judgment therein.
6th. To act upon a motion for a new trial.
7th. To issue writs of review and prohibition, and to hear and determine the same, and enter final judgment therein.
Sth. To appoint appraisers under the eminent domain act.
9th. To grant all orders and writs which are usually granted in the first instance upon ex-parte applications.
10th. To issue citation, and hear and determine, and enter final judgment in all proceedings brought under or in pursuance of section 7459, Revised Statutes of Idaho.
11th. To exercise all the powers expressly conferred upon a judge by any statute of this State, as contra-distinguished from the court.
12th. To receive a plea of guilty, upon his application, from any person charged with a crime in the district court, and to pass sentence and final judgment thereon; said judgment to be filed with the clerk of the court of the proper county where said cause of action arose, and to have the same force and effect as any other final judg. ment entered in a criminal cause.
13th. To hear demurrers and motions and other issues of law, and to settle and make up issues of law.
14th. To set causes for trial.
15th. To hear and determine applications for a change of place of trial, after appearance, or after time for appearance has expired, and enter a final order therein.
16th. To try and finally determine all causes in which the parties agree in writing to try the same before the judge at chambers.
17th. To enter defaults; and to enter judgment in de fault cases, where there has been no appearance or plea filed within the time prescribd by statute, and to give such judgments the same force and effect as though entered in open court.
SEC. 2. All orders and judgments entered by a judge at chambers shall be filed with the clerk of the court in the county in which said action is pending, and shall be entered by said clerk upon the journal and judgment docket and other records, as required by law, and have the same force and effect as though such orders and judgments were entered as of term time.
SEC. 3. Before a demurrer, motion or other issue of law is heard at chambers, the party desiring said issue to be heard, shall give at least five days' notice to the opposing party, of the time and place of said hearing. SEC. 4. Unless otherwise specified by the
district judge, all chamber matters shall be heard at the judge's chambers in the county where said judge resides, but said judge is hereby granted jurisdiction and power to sit at chambers in any other county in his district than that in which he lives.
SEC. 5. In case of a vacancy in the office of any district judge, or his absence from the State, motions may be made before, and orders granted by, any other district judge, who shall have the same jurisdiction under this act as though he was the judge of said district, and all orders, writs and judgments entered by such judge, shall be made matters of record as herein directed, and have the same effect as though made by the judge of said district.
SEC. 6. An appeal may be taken from all orders or judgments given or made by a judge at chambers, from which an appeal lies if given or made by a judge or court.
SEC. 7. Sections 3890 and 3910 of the Revised Statutes of the State of Idaho, are hereby expressly repealed.
SEC. 8. Whereas an emergency exists therefor, this act shall take effect and be in force from and after its passage and approval.
Approved on the 17th day of February, 1905.
HOUSE BILL NO. 16.
ACTUAL BIAS, AMENDING SECTIONS 7838 AND 7843, AND
VISED STATUTES OF IDAHO.
SECTION 1. Section 7838, Revised Statutes of Idaho, is hereby amended to read as follows: "If the facts are denied, the challenge must be tried by the Court."
SEC. 2. Section 7813, Revised Statutes of Idaho, is hereby amended to read as follows: "On the trial of a challenge for either implied or actual bias, the court must determine the law and the fact, and must either allow or disallow the challenge, and direct an entry accordingly upon the minutes."
SEC. 3. Sections 7839, 7840, 7844 and 7845 of the Revised Statutes of Idaho, are hereby repealed.
SEC. 4. Whereas an emergency exists therefor, this act shall take affect and be in force from and after its passage and approval.
This act became a law on the 2nd day of February, 1905.
HOUSE BILL NO. 18.
THE MILITIA OF THE STATE OF IDAHO; PRESCRIBING
THE PROVISIONS OF THIS BILL.
ARTICLE I. Enumeration of Persons Liable to Military Duty. SECTION 1. Every able-bodied male citizen of Idaho, and those who have declared their intention to become citizens of the United States, residing therein, between the ages of eighteen and forty-five years, except persons exempt by law, shall be subject to military duty, excepting: (a) persons exempted by any statute of this State; (b) all persons in the army or navy of the United States and those who have been honorably discharged therefrom; (c) idiots, lunatics, habitual drunkards, and felons convicted of infamous crimes and not pardoned.
Organization. SECTION 1. The Governor shall be commander-in-chief of the militia, except when it be called into the service of the United States, and may employ it for the defense, or relief, of the State, the enforcement of its laws and the protection of life and property within its territory.
He shall make and publish regulations for the government of the National Guard, and shall have all the power necessary to carry into full effect the provisions of this act; and for the purpose of formulating these regulations, he may convene boards of cfficers who shall recommend, for