SEC. 4. The Board of County Commissioners of said county shall secure the proper engraving and printing of the bonds authorized by this act, and pay the necessary expense thereof out of the Current Expense Fund of said county, and shall negotiate and sell the same as fast as required for the construction of said road: Provided, that none of said bonds shall be sold for less than their par value, in lawful money of the United States; and provided further, that none of said bonds shall be printed or sold until the construction of the whole of said road has been contracted for, and bonds executed by the contractors, and approved, as provided for in Section 2 of this act, and until a sufficient amount to complete said road, over and above the amount of bonds hereby authorized, according to the estimates of said engineer, or the contracts let, shall have been subscribed and pledged for that purpose; and none of said bonds shall be sold at any time in excess of the amount paid to the County Treasurer of Ada County upon such subscription; and all moneys paid upon such subscription and the proceeds of all bonds negotiated under the provisions of this act, shall be placed in the County Treasury of Ada County, and shall be devoted to the purposes in this act directed, and any surplus of the proceeds of said bonds shall be devoted to the payment of interest thereon.

SEC. 5. The County Treasurer of Ada County shall have the custody of all funds realized from the sale of said bonds, and all funds paid upon said subscription, and shall pay the same out as it shall become due under said contracts, approved by said Board of County Commissioners as hereinbefore provided, on the written order of said Board or a majority thereof, taking the receipts in every case of the person in whose favor said order is drawn, which receipt and order shall be his voucher for money so paid out; and said Board of County Commissioners shall exact of said County Treasurer a separate bond, in such sum as they may deem proper on behalf of said Ada County, with two or more sufficient sureties, conditioned for the faithful performance of the duties required of him by the provisions, of this act, and the faithful accounting by him of all moneys deposited with him under this act; and the Treasurer shall be allowed for all services required of him by thi act one half of one per cent. upon all moneys so deposited with and paid out by him, to be paid as other current expenses of said Ada County are paid.

SEC. 6. For the payment of the principal and interest of the bonds issued under this act, the Board of County Commissioners of Ada County shall, at the time of their levy of other county taxes, include therein a levy of sufficient tax upon all the taxable property of said county to pay the interest and such part of the principal of said bonds, if any, as will, according to the terms thereof, become due during the ensuing year, after making all due allowance for delinquencies and the cost of collecting the same, after deducting any moneys on hand subject to be so applied; and such tax shall

be known as the Atlanta Road Tax, and shall be collected and paid into the County Treasury as other taxes are collected and paid, and shall constitute a separate fund, to be known as the Boise Valley and Atlanta Road Fund, and shall not be diverted or used on any pretense or for any purpose except as above provided; and for the payment of the principal and interest of said bonds, according to the terms thereof, all the taxable property of Ada County is hereby solemnly and irrevocably pledged.

SEC. 7. This act shall take effect and be in force from and after its passage.

Approved February 3, 1885.

SAW LOGS.

AN ACT

FOR THE PROTECTION OF THE OWNERS OF SAW LOGS AND TIMBER IN THE TERRITORY OF IDAHO.

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

SECTION 1. Any person or persons who shall willfully and without authority take any saw logs, timber, lumber, railroad ties, poles, rails, posts or cordwood, owned by any other person or persons, that may be on any river or creek, or on the land adjoining or near a river, which may have floated down said river or creek, or onto said land, or shall remove or attempt to remove the said logs, timber, lumber, railroad ties, poles, rails, posts or cordwood, or otherwise destroy or injure them, shall be held guilty of a misdemeanor, and upon conviction of any of the said offenses, shall be punished by imprisonment in the county jail of the proper county, not more than one year nor less than three months, and shall pay a fine of not more than one hundred nor less than ten dollars. Provided, That any person may remove any logs, timber, lumber, railroad ties, poles, rails, posts or cordwood, which may have floated on his own land or land occupied by himself, to prevent obstructions to the occupant of said land, but shall not take the same for his own use or benefit.

SEO. 2. Any Justice of the Peace shall have concurrent jurisdiction in his own county with the District Court, of any offenses in the preceding section specified, when the value of the logs, timber, lumber, railroad ties, poles, rails, posts or cordwood, taken or removed, shall be alleged not to exceed the sum of one hundred dollars, and in such case the punishment shall be by fine, not less than twenty

nor more than eighty dollars, and if any person, on conviction for such offense, shall refuse or neglect, for the space of ten days, to pay such fine, it shall be lawful for the justice before whom the conviction was had, to commit such person or persons to the jail of the proper county for a period of not less than three months nor more than one year.

SEC. 3. Any person who shall unlawfully cut out, alter or destroy any brand of the owner, made on any logs, timber, lumber, railroad ties, poles, rails, posts or cordwood, put into any river, creek or lake, shall, on conviction, be fined in a sum not less than ten dollars nor more than fifty dollars, and shall be liable to the party injured in three times the amount of damages.

SEC. 4. The owner or owners of any saw logs, lumber, timber, railroad ties, posts rails or cordwood, may enter or pass through lands bordering on any river or creek, (owned by any other person,) to recover and remove such saw logs, lumber, timber, railroad ties, poles, rails or cordwood as may have lodged upon said lands. Provided, the party or parties so entering shall pay any damage caused. by such entry.

SEC. 5. In any suit under the provisions of the preceding section, if such logs, timber or lumber, railroad ties, posts, rails, poles or cordwood shall be found in the possession of the defendant with the marks cut out, altered or destroyed, it shall be considered presumptive evidence of his guilt and the burthen of proof shall be upon him to discharge himself.

SEC. 6. No dam or boom shall hereafter be constructed or permitted on any river as specified in this act, unless said dam or boom shall have connected therewith a slniceway, lock or fixture sufficient and so arranged as to permit logs, cross ties, telegraph poles, timber and lumber to pass around, through or over said dain or boom without unreasonable delay or hindrance.

SEC. 7. Any boom or weir that is now in or over any river as aforesaid, that is so constructed as to prevent the free passage of logs or lumber, is hereby declared a public nuisance, which shall be abated unless a suitable sluiceway, lock or passage, as above provided, be made thereon as aforesaid, within thirty days after written notice given by any person interested, and any person or persons so owning, holding or occupying said boom or weir, shall be liable to pay five dollars for every day the same shall be suffered to remain in or over said river, after having had thirty days' notice to remove said nuisance, and shall furthermore be liable for any damages sustained by individuals by reason of said nuisance.

1 SEC. 8. This act shall take effect and be in force from and after its passage.

Approved February 5, 1885.

SCAB ON SHEEP.

AN ACT.

TO AMEND AN ACT ENTITLED "AN ACT TO PREVENT THE SPREAD OF SCAB OR OTHER INFECTIOUS DISEASES AMONG SHEEP IN THE TERRITORY OF IDAHO,” APPROVED FEBRUARY 7, 1883.

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

SECTION 1. That Section eight of an act entitled "An act to prevent the spread of scab or other infectious diseases among sheep in the Territory of Idaho," approved February 7, 1883, be amended to read as follows: Section 8. That if any person or persons who shall drive or cause to be driven, any sheep into any of the counties of this Territory shall fail, for the space of ten days after such sheep shall have been driven therein, to obtain a certificate of the healthfulness of such sheep, such person or persons shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than two hundred and fifty nor more than five thousand dollars, and in default of payment shall be committed to the county jail at hard labor until such fine and costs are paid.

SEC. 2. That Section ten of said act be amended as follows: by adding to the end of said Section ten the following words: And the value of the services of said Sheep Commissioner so rendered by him, shall constitute a lien upon the sheep so examined by him, and if the owner or owners of such sheep, or any agent of such owner or owners thereof or other person having the same in charge, shall refuse or fail for the space of ten days after the presentation to him or them of the claim of said Commissioner for his said services, to pay the same, the said Commissioner shall have the right to distrain and sell in manner now provided by law for the forced sale of per sonal property on execution or attachment, so many of such sheep as may be required to pay his said claim and all costs and expenses incurred in such distraining and sale.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved February 5, 1885.

SCHOOLS AMENDING GENERAL LAW.

AN ACT

TO AMEND AN ACT ENTITLED "AN ACT TO ESTABLISH A PUBLIC SCHOOL SYSTEM AND TO PROVIDE FOR THE MAINTENANCE AND SUPERVISION OF PUBLIC SCHOOLS," APPROVED FEBRUARY 8. 1883.

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

SECTION 1. That said act be and is hereby amended to read as follows:

TERRITORIAL GENERAL FUND.

SECTION 1. That all moneys accruing from the sale of all lands, heretofore given,or which may hereafter be given, by the Congress of the United States for school purposes in said Territory, and all moneys that may hereafter be given and appropriated by the Congress of the United States for school purposes, unless the same by special provision shall be appropriated for the establishment of a university, or other high school, together with any moneys by legacy or otherwise donated for educational purposes, and appropriated for the general fund, and all moneys accruing to the Territory from unclaimed moneys from the estates of deceased persons, shall be set apart and shall constitute an irreducible and indivisible Territorial General School Fund, the interest only accruing from which shall be appropriated to the respective counties of the Territory in the manner hereinafter specified and directed.

SEC. 2. For the purpose of establishing and maintaining public schools in the several counties of the Territory, it shall be the duty of the County Commissioners of each county, at the time of levying the taxes for county and Territorial purposes, to levy a tax of not less than four mills, nor more than ten mills, on each and every dollar of taxable property in their respective counties, for school purposes.

SEC. 3. The said taxes shall be assessed and collected in each county, as other taxes on property for county and Territorial purposes.