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examination required by this act, of the officers or of the books, accounts, papers and finances pertaining to the county and State officers aforesaid, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or imprisonment in the State penitentiary for a period not exceeding one year, or both.
SEC. 15. The State examiner shall make an annual written report to the Governor of his various official proceedings. He shall embody therein an abstract of the condition and statistics of the several county and State finances as ascertained by him. The reports hereinbefore required to be made to the Governor shall be printed when ordered by the Legislature.
SEC. 16. If the State examiner shall, directly or indirectly bargain for or receive any fee, compensation or reward, other than is provided by this act, for the doing or refraining to do his duty, as required by this act, he shall be guilty of a felony, and upon conviction thereof, shall be fined not exceeding five thousand dollars, or imprisoned in the State penitentiary not more than five years, or both.
SEC. 17. The Attorney General, or prosecuting attorney, shall when called upon by the State examiner, aid him in any investigation or matter; giving legal advice, and shall supervise the prosecution of all offenders under the provisions of this act.
SEC. 18. If at any time, upon an examination being made by the State examiner, of the books and accounts of the State Treasurer, and the funds under his control, it shall be found that said State Treasurer is a defaulter, it shall be the duty of the State examiner to at once report such fact, to the Governor, who shall have authority upon receiving such report to at once suspend the Treasurer, and to appoint a Treasurer temporarily, and to continue such suspension until such defalcation shall have been made good: Provided, however, That in case it shall appear to the satisfaction of the Governor that such defalcation cannot be made good by the State Treasurer he shall have authority to declare said office vacant and fill the same by appointment as in cases of other vacancies.
SEC. 19. If at any time, the State examiner upon an examination of the books and accounts of any treasurer of any county, and the funds under the control, or in the custody of such treasurer, as authorized by law, shall find that any such treasurer is a defaulter, he shall at once report such defalcation or inability of such treasurer to the board of county commissioners of the county interested, which board of county commissioners shall upon receiving such notice, from the examiner, have authority to suspend such treasurer, and to appoint a treasurer temporarily, and to continue such suspension until such defalcation shall have been made good: Provided, however, That such board of county commissioners shall have power, in case it shall appear to their satisfaction, that such defalcation cannot be made good, to declare said office vacant, and to fill the same by appointment as required by law, in case of vacancies arising in any such office.
SEC. 20. All acts and parts of acts in conflict herewith are hereby repealed.
SEC. 21. An emergency existing therefor, this act shall take effect from and after its passage.
Approved on the 7th day of March, 1905.
SENATE BILL NO. 107.
LATING TO REVENUE; PROVIDING FOR THE PAYMENT
PROVED MARCH 22, 1901.
“ act relating to revenue; providing for the payment of an ad valorem tax for State purposes; providing what prop: erty is taxable for State, county, city, town, village, and independent school district purposes; and making exemptions therefrom; providing the manner of assessing, equal
izing, 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 16, 1899, and all other acts and parts of acts inconsistent with the provisions hereof," approved March 22, 1901, be and the same is hereby amended to read as follows:
“Section 123. After receiving the amount of taxes and costs, the collector must make out in duplicate a certificate, dated on the day of the sale, stating (when known) the name of the person assessed, a description of the land sold, the amount paid therefor, that it was sold for taxes, giving the amount of State and county tax, poll taxes, costs and penalties; also giving the amount of all taxes, penalties and costs of every city, town, village and independent school district in his county, that is authorized by law to collect revenue in the manner provided by this act, and each thereof, and the year of the assessment and specifying the time when the purchaser will be entitled to a deed; also a guaranty of the county or municipality to which the tax is due that if for any irregularity of the taxing officers this certificate be void, then such county or municipality will repay to the holder the sum paid thereof with interest at 6 per cent per annum from the date of its issuance."
SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Approved in the 11th day of March, 1905.
SENATE BILL NO. 109.
READY WITHIN THE CORPORATE LIMITS OF ANY INCOR-
LAWS THEREOF, AND DECLARING AN EMERGENCY.
SECTION 1. Whenever any land lying contiguous or adjacent to any city, town, or village in the State of Idaho,
or to any addition or extension thereof, shall be, or shall have been, by the owner or proprietor thereof, or any person by or with his authority or acquiescence, laid off into lots or blocks, containing not more than five acres of land each, whether the same shall have been, or shall be, laid off, sub-divided or platted in accordance with any statute of this State or otherwise, or whenever the owner or proprietor or any person by or with his authority, has sold, or begun to sell off such contiguous or adjacent lands by metes and bounds in tracts not exceeding five acres, it shall competent for the council or board of trustees, as the case may be, by ordinance, to declare the same, by proper legal description thereof a part of such city, town or village.
SEC. 2. It shall be the duty of the clerk of any city, town or village, upon the taking effect of such ordinance, to file with the county recorder of the county in which said city, town or village is located, a copy of the said ordinance duly certified as to the correctness thereof, under the corporate seal of such city, town or village; and thereupon and thereafter the corporate limits of such city, town or village shall extend to and include such land and thereafter all property and persons within the limits of such annexed tract of land shall be subject to the provisions of all by-laws and ordinances of the said city, town or village and the police regulations thereunder.
SEC. 3. From the date of the filing of the certified copy of said ordinace with the county recorder as provided for in section 2 of this act, all the property situated within the said annexed territory, and the inhabitants thereof, shall be subject to taxation, as other property and persons within the corporate limits of such city, town or village, and all road taxes and licenses collected therein thereafter shall be distributed in accordance with law, as thougb said annexed portion had been a part of the said city, town or village from the date of its incorporation.
SEC. 4. An emergency existing therefor, this act shall be in full force and effect from and after its passage.
Approved on the 8th day of March, 1905.
SENATE BILL NO. 111.
PROVIDING THAT MONEYS RECEIVED INTO THE STATE
SECTION 1. That a fund which shall be known as the Normal School Fund is hereby created and established and that all moneys now in, or credited to, that certain fund designated on the books in the offices of the State Auditor and the State Treasurer as the Normal School Fund and all moneys which may accrue from the investment of the proceeds of the sale of any of the lands granted to the State of Ida ho by the United States government under the provisions of the act of Congress of July 3, 1890, entitled "An act to provide for the admission of the State of Idaho into the Union” for State normal schools or of any of the timber growing thereon and also any and all moneys which may be received on account of any rentals charged for the use of any of such lands and all moneys which may be received by the State Treasurer on account of interest upon deferred payments on such of said lands as may have been sold by the State, shall be credited to, placed in and constitute the said Normal School Fund.
SEC. 2. That no moneys shall ever be appropriated out of the said Normal School Fund for any purpose whatsoever other than the support and maintenance of the Albion State normal school and the Lewiston State normal school, and that not more than one-half of all the moneys accruing to the said fund shall ever be appropriated for the support and maintenance of either of such schools.
Sec. 3. That one-half of all the moneys which may accrue to the said Normal School Fund during the years 1905 and 1906 shall be, and the same are hereby, appropriated for the support and maintenance of the said Albion State normal school during the period beginning on the first Monday in January, 1905 and ending on the first Monday in January, 1907.
SEC. 4. That perpetually from and after the first day of January, 1907, one-half of all moneys which may accrue to