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now outstanding and remaining a charge against said Territory, it shall be the duty of the treasurer to make exchange, giving in exchange a bond or bonds herein provided for, with addition of ten per cent. in favor of such holder upon all bonds presented prior to the first day of June, 1877, and five per cent. on all thereafter presented prior to the first day of December, 1877. No addition to be thereafter allowed.

SEC. 5. No interest shall be included in the body of the bonds hereby authorized. The treasurer shall pay, on presentation and demand, all interest on the old bonds which had accrued on the first day of December, 1876, and interest on the new bonds shall run from that date.

SEC. 6. The treasurer shall, on the passage hereof, give notice of the provisions of this act, by circular or otherwise, to the holders of now outstanding bonds. He shall keep a book of registration, and therein enter the number and amount of each bond issued, and to whom; and also the number and amount of the bond received and the interest then paid thereon, if any be due. All bonds and coupons so redeemed shall be immediately canceled, an exhibit and special report thereof made to the governor at the end of each half year, and safely kept by the treasurer to await the order of the general assembly.

SEC. 7. For the payment of the bonds herein authorized and the interest thereon, according to the strict terms thereof, the faith of the Territory of Idaho is solemnly pledged; and for the payment of the interest, as the same shall accrue, on the bonds hereby authorized, and bonds heretofore issued under the act of January 8, 1875, in gold coin, the treasurer shall reserve and convert into coin any and sufficient of the funds in his hands, at the least possible cost, in preference of all other claims whatsoever.

SEC. S. For the defraying of all expenses and charges of carrying this act into effect, the sum of three hundred dollars is hereby appropriated, for which the controller shall issue his warrant in favor of the treasurer, payable out of any money in the treasury not otherwise appropriated.

SEC. 9. No further issue of coin bonds under former laws shall be made or otherwise than as herein after provided; and all acts and parts of acts inconsistent herewith are hereby repealed.

SEC. 10. This act shall be in force and take effect from and after its passage.

APPROVED, January 9th, 1877.

AN ACT

To aniend An Act entitled "An Act concerning District

Attorneys."

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

SECTION 1. That it is the duty of the district attorneys, in their respective districts, upon the written request of any Territorial or county officer, within their respective districts, to give to such officer their written opinion within twenty days after such request on any legal question in which the Territory, or county or any public fund is interested, and if such opinion is to the effect that the Territory or county, or some one in behalf of the Territory or county, have a cause of action against any person or persons, then at the request of the said territorial or county officer said district attorney shall immediately commence a civil action to recover the same and prosecute such civil action to final judgment; Provided, It shall not be the duty of a district attorney to prosecute an action by one county against another county in his district.

SEC. 2. That in case any district attorney shall neglect or refuse to posecute a civil action as aforesaid, for twenty days after requested, as provided in the last section, the officer who made such request may employ other counsel to prosecute such action; Provided, That the district attorney shall in no case act as attorney for any party opposed in interest to the Territory or county. In case the district attorney or other attorney employed as above provided shall recover in the action, he shall receive ten per centum on the amount recovered payable only out of the money collected.

SEC. 3. It shall also be the duty of each district attorney, within his district, to defend any and all civil actions, brought or prosecuted against the Territory, or a county in his district, except cases brought by one county against another county in the same district.

SEC. 4. In every civil action prosecuted for or on behalf of the Territory as herein provided, the controller is hereby authorized to audit any legal bill for clerks fees or other necessary expenses, and draw his warrant on the treasurer for the amount thereof in favor of the person entitled thereto; Provided, That every such bill shall have endorsed thereon or attached thereto a certificate of the judge of the court, or the district attorney, that the same is a correct and legal bill.

SEC. 5. This act to take effect and be in force from and

after its passage.

APPROVED, January 12th, 1877.

AN ACT

Relating to District Attorneys.

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

SECTION 1. That the election held in the Territory of Idaho, on the 7th day of November, A. D. 1876, for district attorneys, in the several districts of said Territory, is hereby legalized and made valid. That the person who received the greater number of votes cast for district attorney in District No. 1, as defined in the act of the legislative assembly of the said Territory, entitled, "An act relating to district attorneys and defining their duties," approved January 14, 1875, at the general election held in said Territory, on the 7th day of November, A. D. 1876, shall be and he is hereby declared to be district attorney for said District No. 1 for the term of two years from and after the 1st day of January, 1877. That the person who received the greater number of the votes cast at said election for district attorney for District No. 2, as defined in said act, shall be, and he is hereby declared to be, district attorney for said District No. 2, for the term of two years from and after the 1st day of January, A. D. 1877. That the person who received the greater number of votes cast at said election for district attorney for said District No. 3, as defined in said act, shall be, and is hereby declared to be, district attorney for said District No. 3, for the term of two years from and after the 1st day of January, A. D. 1877.

SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed.

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

APPROVED, January 11th, 1877.

AN ACT

To amend the Revenue Law of Idaho Territory. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows:

SECTION 1. That section 41 of an act of the legislative assembly of the Territory of Idaho, entitled, "An act to provide a uniform system of territorial and county revenue and for the assessing and collecting the same," approved January 15, 1875, shall be, and is hereby amended, by striking out from said section the words following, to-wit: Provided, That no personal judgment shall be rendered unless the person against whom it is rendered shall have been personally served with the summons or shall have appeared in the action.

SEC. 2. That section 42 of said act be amended by adding to said section, at the end thereof, the words following, to-wit: And provided, further, That whenever property is offered for sale after judgment, under the provisions of this act, and there is no purchaser in good faith for the same who bids the full amount of the judgment and costs, the property may be struck off to the county in which the property is taxed, and sold, and the certificate of such sale delivered to the county recorder of said county, and filed and recorded in his office.

SEC. 3. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 4. This act shall take effect and be in force from and after the date of its passage.

APPROVED January 12, 1577.

AN ACT

To amend an act entitled, "An act to provide a uniform system of Territorial and County revenue, and for the assessing and collecting the same."

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

SECTION 1. Clause eighth, of section 18 of the abovenamed act, shall be amended to read as follows: He shall also place in said assessment roll the name in full of each person liable to pay a poll tax, and in a separate column, opposite to such name, the amount of such tax. And whenever through his neglect such poll tax remains unassessed or uncollected, the

assessor and ex-officio tax collector and his sureties shall be held liable for the amount of such tax remaining unassessed or uncollected; and upon proof of such neglect, judgment shall be rendered against the assessor and ex-officio tax collector and his sureties for the amount of such unassessed or uncollected poll tax, to be enforced as in other cases by law made and provided. The form of the assessment roll shall be substantially as follows: SEC. 2. This act shall be in force and effect from and

after its passage.

APPROVED, January 11, 1877.

AN ACT

To regulate the expense of collecting the Territorial moneys. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows:

SECTION 1. The fees for the services of assessors, auditors, tax collectors and county treasurers respectively, in perform ing all the duties required of them by law in assessing, collecting, and receiving and paying over the territorial taxes or the territorial proportion of any taxes, shall be as follows: To assessors, two per cent. upon the territorial tax levied by law upon the property assessed; to tax collectors of property, per capita, license or other taxes, four per cent. upon the amount of the territorial taxes by him collected and paid over; and to county treasurers, three per cent. upon the amount of territorial taxes by him received and paid over; and to the county auditor, three per cent. of the territorial proportion. And any laws of this Territory prescribing any other or different compensation to any of the officers above named for services to be rendered in or about the assessing, collecting, receiving and paying over the revenues or taxes, shall not be applicable to the territorial taxes, or the territorial proportion of any taxes.

SEC. 2. All laws and parts of laws by which any other or different rates of compensation or fees than those above prescribed for services rendered the Territory by any assessor, auditor, tax collector or county treasurer, in or about the assessment, collection, or receiving and paying over the territorial revenues or the territorial proportion of the revenues or taxes so far as the same are now applicable to such territorial revenues, or the territorial proportion of the revenues or taxes, be, and the same are hereby, repealed.

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