SEC. 4. All persons availing themselves of the benefits of this act shall construct and keep in good repair a sufficient number of good and substantial bridges, and causeways whereever any public roads or highways may cross the canals, ditches or Humes aforesaid, any such person or persons failing to do so shall be guilty of a misdemeanor, and shall be liable in a civil action for all damages which may accrue to any person on account thereof. SEC. 5. The arbitrators appointed and acting under the provisions of this act, shall each receive three dollars for each day's service rendered under this act, and the clerk of the district court shall receive such compensation as is allowed for similar services in other cases; all of which shall be paid by the party applying for the right of way; Provided, That nothing in this act shall apply to any mining locality. SEC. 6. All acts and parts of acts in conflict with this act are hereby repealed. SEC. 7. This act shall take effect and be in force from and after its passage. APPROVED, January 12th, 1877. AN ACT Relating to the Slaughtering of Cattle, and the protection of Stock owners. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. Any person or persons engaged in the business of slaughtering cattle, shall keep at their place of business ⚫ a book in which they shall enter daily the number and class of cattle slaughtered, the name of the person or persons from whom said cattle were purchased, and the marks and brands of such cattle. Said book shall be kept ready at all times for the inspection of any person who may desire to examine the same. SEC. 2. Any person or persons not regularly engaged in the business of slaughtering cattle, who shall at any time kill or slaughter any cattle shall retain in their possession the hide taken off said cattle with the ears attached thereto without alteration of the marks on the same, or any disfiguration any of the brand for the period of thirty days, and any owner of cattle may within the period of time herein mentioned demand an exhibition of the hide or hides of any cattle so killed or slaughtered by the person or persons so killing the same, or by any other person or persons for whose use and benefit such animal or animals were killed, and upon such demand being made he or they shall produce said hide or hides for inspection. SEC. 3. Any person violating any of the provisions of sections one and two of this act, or who may destroy the hide of any cattle slaughtered or killed, within thirty days from the slaughtering or killing thereof, shall, upon conviction, be deemed guilty of a misdemeanor, and punished by a fine of not less than fifty dollars nor more than one hundred and by imprisonment of not more than six months. SEC. 4. All fines collected under the provisions of this act shall be paid into the county treasury, and be duly apportioned to the county school fund. SEC. 5. This act to take effect and be in force from and after the first day of April, A. D. 1877. APPROVED, January 12, 1877. AN ACT For the protection of Human Life. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) entitled the party injured to maintain an action and recover damages therefor, then, and in every such case the person or persons who, or the corporation which would have been liable, had death not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony. In every action brought under the provisions of this act, such damages may be given as under all the circumstances of the case may be just. SEC. 2. The father, or in case of his death or desertion of his family, the mother may maintain an action under the provisions of this act for the death of a minor child, and a guardian for the death of his ward; in other cases the action shall be maintained by the heirs or personal representatives of the deceased. SEC. 3. The provisions of this act, and the remedies herein provided shall not apply to any events, circumstances or causes of action which occurred prior to its passage. SEC. 4. All acts and parts of acts in conflict with this act are hereby repealed. SEC. 5. This act shall take effect and be in force from and after the date of its passage. APPROVED, January 12th, 1877. AN ACT Providing for Bridges or Fords over water ditches, and keeping the same in repair. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION. 1. If any person or persons shall cut a ditch across any road or public highway, or use any such ditch for the purpose of conducting water for irrigating crops, or for any other purpose, said person or persons shall make said ditch of sufficient capacity to prevent any overflow of water, shall construct a good bridge or ford through or over said ditch, and shall make good any damages done to such road or public highway. If any person or persons using such water, shall through neglect or intentionally suffer the same to overflow any city lot or farm, thereby doing injury to such farm or city lot, said person or persons shall upon conviction thereof be liable to any fine not exceeding twenty-five dollars, and such damages as may be assessed by any court having competent jurisdiction. SEC. 2. Any person or persons irrigating crops or otherwise using water, who shall intentionally or through neglect allow the waste-water to overflow any road or public highway, thereby damaging said road and impeding the travel thereon, shall be deemed liable to the penalty herein before named. SEC. 3. If any person or persons shall willfully or maliciously cut through the banks of any ditch, canal, dam or reservoir, and thereby overflowing and damaging any road or public highway, such person or persons shall upon conviction thereof be liable to any fine not less than twenty-five dollars and not more than five hundred dollars, and such damages as may be assessed by any court having competent jurisdiction. SEC. 4. This act to be in full force and effect from and after its passage. APPROVED, January 4, 1877. Amendatory of an AN ACT Act entitled, "An Act relative to Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That section 11 of an act entitled, "An act relative to elections," be, and the same is hereby, amended to read as follows: Section 11. At all elections to be held under this act, the polls shall be opened at the hour of eight o'clock in the forenoon, and continue open until seven o'clock in the evening of the same day, at which time the polls shall be closed, and upon opening the polls one of the clerks under the direction of the judges, shall make proclamation of the same, and thirty minutes before closing the polls proclamation shall be made in like manner, and the polls shall be closed in half an hour. SEC. 2. If at any election held under this act, any person knowingly personates and votes in the name of any other person whether living, or dead, or fictitious, or votes more than once at the same election for any candidate, for the same office, or votes without having a lawful right to vote, or does any unlawful act to secure an opportunity to vote for himself or any other person, he shall upon conviction thereof be punished by a fine of not less than one hundred dollars and not more than five hundred dollars, and be imprisoned in the territorial prison for a term of not less than six months and not more than two years. SEC. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. SEC. 4. This act to take effect and be in force from and after its passage. APPROVED, January 12, 1877. AN ACT To amend an "Act concerning Roads, Highways, Trails and Public Thoroughfares.' Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That section six (6) of an act entitled, "An act concerning roads, highways, trails and public thoroughfares," approved January 12th, 1875, be amended by adding thereto the following: SEC. 2. In case the county commissioners shall in lieu of a road tax to be paid in money, designate that labor shall be performed, the road supervisors in their respective districts shall between the first day of March and the first day of October of each year, notify each person liable to pay a road tax in his district of the time and place where the work shall be performed, and whether a team, plow or other implement is required; Provided, That the labor of a team and plow, or other implement used with the team shall be deemed equivalent to the labor of one person, and if such person shall fail to appear and perform the labor required by the said notice or pay his tax in money, he shall be deemed a delinquent tax payer, and the supervisor shall return him as such to the county commissioners, and upon such return the road tax due by said person shall be collected in the same manner that other delinquent taxes are collected; and when thus collected shall be used for county roads in the road district where said taxes become delinquent under the direction of the road supervisor. APPROVED, January 2d, 1877. AN ACT Concerning Public Printing. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That section one (1) of "An act to provide for the printing of blanks for Idaho Territory," be, and the same is hereby, amended in this: The advertisement therein required shall begin on or before the first day of August instead of October. The bids shall be publicly opened, and award made on a day and at an hour to be named in the advertisement within five days after the last publication; and the blanks and work awarded shall be delivered within sixty days thereafter. The entire cost shall not exceed the amount provided in the act to which this is amendatory. SEC. 2. The "Act relating to printing done for the Territory, by order of the secretary of the Territory," approved January 9, 1873, be, and the same is hereby, amended so that the sum of twenty-five dollars each shall be paid to weekly |