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HOUSE BILL NO. 34.

AN ACT
AUTHORIZING THE BOARD OF TRUSTEES OF THE CAPITOL

BUILDING TO PROVIDE A FIRE AND BURGLAR PROOF
VAULT AND BURGLAR PROOF SAFE FOR USE BY THE
STATE TREASURER IN THE CARE AND KEEPING OF
STATE MONEYS AND APPROPRIATING MONEY TO PAY
COST OF THE SAME; REQUIRING ALL STATE MONEYS IN
THE CUSTODY OF THE TREASURER, NOT OTHERWISE
DEPOSITED AS PROVIDED BY LAW, TO BE KEPT IN SAID
VAULT AND SAFE AND PRESCRIBING A PENALTY FOR

A VIOLATION OF THE PROVISIONS OF THIS ACT.
Be It Enacted By the Legislature of the State of Idaho:

SECTION 1. The board of trustees of the capitol building shall, as soon as practicable, provide a fire and burglar proof vault and burglar proof safe of sufficient size and suited to the requirements of the State Treasurer in the care and safe keeping of the State moneys, and there is hereby appropriatd for such purpose out of any funds in the treasury, not otherwise appropriated, the sum of seven thousand five hundred (7,500) dollars. From and after the completion of said vault and the procuring of said safe, all State moneys in the custody of the State Treasurer, not otherwise deposited as is or may be by law provided, shall be kept in said vault and safe and in no other place.

A violation of this section shall subject the State Treasurer, upon conviction thereof, to pay a fine of not less than five thousand (5,000) nor more than ten thousand (10,000) dollars, or by imprisonment in the State prison for a period of not less than one nor more than ten years, or by both such fine and imprisonment.

SEC. 2. All acts and parts of acts in conflict herewith are hereby repealed.

SEC. 3. An emergency existing therefor this act shall be in force from and after its passage and approval.

Approved on the 17th day of February, 1905.

HOUSE BILL NO. 35.

AN ACT

TO AMEND SECTION 29 OF AN ACT ENTITLED, “AN ACT PRO

VIDING FOR THE APPROPRIATION AND DISTRIBUTION
OF WATER; THE CONDEMNATION OF LAND FOR CANALS,
DITCHES AND CONDUITS; EMPOWERING THE BOARDS
OF COUNTY COMMISSIONERS TO ESTABLISH A MAXIMUM
RATE FOR THE USE OF WATER, AND REPEALING ALL
ACTS AND PARTS OF ACTS IN CONFLICT WITH THIS ACT,

APPROVED FEBRUARY 25, 1899."
Be it Enacted by the Legislature of the State of Idaho:

SECTION 1. That section 29 of an act of the Legislature of the State of Idaho, entitled, “An act providing for the appropriation and distribution of water; the condemnation of lands for canals, ditches and conduits; empowering the board of county commissioners to establish a miximum rate for the use of water; and repealing all acts and parts of acts in confiict with the provisions of this act," approved February 25th, 1899, be, and the same is hereby amended to read as follows:

Section 29. Said board of commissioners may adjourn or postpone any hearing from time to time as may be found necessary; but when in session they shall hear and examine all legal testimony or proofs offered by any party interested as aforesaid, as well as concerning the original cost and present value of the works and structure of such ditch, canal or conduit, as well as the cost and expense of maintaining and operating the same, and all matters which may affect the establishment of reasonable miximum rates for water to be furnished and deliv. ered therefrom, and they may issue subpoenas for wit nesses which subpoenas shall be served in the same man ner in which subpoenas are served in civil cases; and said board may also issue subpoenas for the production of all books and papers required before them. The district court of the proper county, or the judge thereof in vacation, may in case of refusal to obey the subpoenas of the board of county commissioners, compel obedience thereto, or punish for refusal to obey after hearing, as in cases of attachment for contempt of such district court. Upon hearing and considering all the evidence and facts and matters involved in the case, said board of county com missioners shall enter an order describing the ditch, canal or conduit, or other water works in question with suffcient certainty, and fixing a just and reasonable maximum rate of compensation for water thereafter delivered from such ditch or other water works as last aforesaid within the county in which such commissioners act; and such rate shall not be changed within one year from the time when such rates shall be so fixed : Provided, That an appeal may be taken to the district court from any act, order or proceeding of the board by any person or corporation aggreived thereby, as in other cases under the general statute of the State of Idaho, governing appeals from an order or proceeding of the board of county commissioners.

Approved on the 9th day of March, 1905.

HOUSE BILL NO. 37.

AN ACT
AUTHORIZING THE BOARD OF STATE PRISON COMMISSION-

ERS TO CONTRACT WITH THE AUTHORITIES OF AN-
OTHER STATE FOR THE DETENTION, CARE, MAINTE-
NANCE AND EMPLOYMENT, IN A PENAL INSTITUTION IN
SAID STATE, OF FEMALES CONVICTED OF FELONY AND
SENTENCED TO IMPRISONMENT IN THE STATE PRISON
OF THIS STATE, AND PROVIDING FOR THEIR TRANSPOR-
TATION THERETO; PROVIDING FOR THE TRANSPORTA-
TION TO AND CONFINEMENT IN SUCH INSTITUTION OF
FEMALES NOW CONFINED IN THE STATE PENITENTIARY
OF THIS STATE; PROVIDING PAYMENT OF THE COST OF
TRANSPORTING AND MAINTAINING ALL SUCH FEMALE
PRISONERS, AND DEFINING THE DUTIES OF THE WAR-

DEN AND SHERIFF UNDER THIS ACT.
Be it Enacted by the Legislature of the State of Idaho:

SECTION 1. The Board of State Prison Commissioners, as soon as practicable after the taking effect of this act, shall enter into a contract with the authorities of some State of the United States having a State prison, Statt penitentiary, woman's reformatory or prison, or other penal institution, provided with a woman's ward, or division or department for the confinement and detention of female convicts, for the reception and detention, cart, maintenance and employment of all females convicted of felony in any of the courts of Idaho and sentenced to a term of imprisonment therefor.

SEC. 2. From and after the making of said contract and until provision shall have been made at the penitentiary of this State for a separate department or ward for female prisoners, all females convicted of felony in any of the courts of this State and sentenced to a term of imprisonment in the State prison, including those that may, at the date of entering into said contract, be confined therein, shall be conveyed, as is now provided by law, by the warden of the penitentiary, or his assistants, to the institution named in such contract and delivered to the authorities of said institution, there to be confined until

1

their respective sentences shall have expired, or until they shall be otherwise discharged by law.

SEC. 3. Should the presence of any such prisoner be required in any judicial proceeding in this State, the warden of the State penitentiary, shall upon being so directed by the Board of State Prison Commissioners, or upon the order or direction, in writing, of any court of competent jurisdiction, or of a judge thereof, procure such prisoner and bring her to the place directed in such order, and hold her in custody subject to the further order and direction of the board, or of the court or of a judge thereof, until she shall be lawfully discharged from custody; or said warden may, by direction of the board or of said court, or a judge thereof, deliver such prisoner into the custody of the sheriff of the county where such conviction was had, or may, by like order, return such prisoner to the institution from which she was taken.

SEC. 4. Upon the expiration of any contract entered into under the authority of this act, all prisoners of this State confined in such institution shall be returned by the warden to the penitentiary of this State, or delivered to such other institution as said Board of State Prison Commissioners shall have contracted with under the authority given by this act. The board shall make provision for the return to this State of such prisoners as shall desire to return upon the expiration of their terms of imprisonment. The warden shall be allowed and paid all his necessary expenses and disbursements incurred while performing any duty enjoined upon him by this act, to be audited and allowed by the State Board of Examiners and paid out of the penitentiary fund.

SEC. 5. The cost of maintenance of such prisoners shall be payable out of the fund for the maintenance of the State penitentiary.

SEC. 6. All acts and parts of acts in conflict herewith are hereby repealed.

SEC. 7. An emergency existing, this act shall be in force from and after its passage and approval.

This act became a law on the 22nd day of February, 1905.

HOUSE BILL NO. 39.

AN ACT
TO AMEND SECTION 52, OF AN ACT OF THE LEGISLATURE OF

THE STATE OF IDAHO, ENTITLED “AN ACT, TO PROVIDE
FOR THE ORGANIZATION, GOVERNMENT AND POWERS
OF CITIES AND VILLAGES," APPROVED, FEBRUARY 10TH,

1899. Be It Enacted By the Legislature of the State of Idaho:

SECTION 1. That Section 52, of an act of the Legislature of the State of Idaho, entitled "An act, to provide for the organization and powers of cities and villages, approved February 10th, 1899," be amended to read as follows:

Section 52. The village clerk, of any village incorporated under the provisions of this act may, provided, that no justice of the peace resides within the limits of such village, be ex officio, police judge, and shall have concurrent jurisdiction, with the justices of the peace, of the precinct, in which said village may be situated, and shall have jurisdiction to hear, try and determine all offenses against the general ordinances of the said village, and may for the purpose issue warrants of arrest, of any alleged offender, upon information under oath as in other cases; and upon the arrest of any alleged of fender by the sheriff of the county, the constable of the precinct or marshal of such village, shall proceed thereon, in all respects in the same manner and with the same powers as against persons charged with misdemeanor, under the general laws of the State, and such justice of the peace, or police magistrate, before whom such proceedings shall be had, and the officer making the arrest, shall be entitled to the same fees, and to be collected, in the same manner as in cases for misdemeanor: Provided, however, That in all proceedings under the general ordinances of any village, all such bills incurred shall be audited by the board of trustees, and paid out of the village treasury, in the same manner as other bills contracted by or on behalf of such village are paid.

SEC. 2. Inasmuch as there is an emergency existing therefor, this act to be in full force and effect from and after its passage and approval.

Approved on the 2nd day of March, 1905.

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