AN ACT

Concerning Hogs found running at large in Alturas County, in the Territory of Idaho.

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

SECTION 1. That all hogs found trespassing upon the premises of any person or persons in the county of Alturas, the owner or proprietor of such premises may take up and safely keep at the expense of the owner or owners thereof, all such hogs so found trespassing, and hold the same until payment of the expenses and damages by them created has been made by the owners thereof.

SEC. 2. All persons taking up hogs under section one of this act shall immediately post three notices in writing, at three public places within the neighborhood of the place of taking up such hogs, giving a description of such hogs, and the time of taking them up, and if the owner thereof fails to pay the charges, and take them away within sixty days after posting said notices, that they will be sold to pay such charges.

SEC. 3 If the owner and taker-up of such hogs cannot agree as to the amount of damages so created, they shall call upon two disinterested persons living in the precinct where such trespass has been committed, who shall fix the amount of damages, if any to be paid, and the same shall be a lien upon such hogs until paid by the owner, together with the cost of such adjudication, which if not paid, said parties may by applying to any justice of the peace, obtain a judgment for the amount of any damage and expense found to have accrued, together with the costs of the justices court, and said justice shall issue an execution commanding the sale of such hogs to pay said judgment, as in other cases of judgment provided.

SEC. 4. If the owner or person entitled to the possession of such hogs, does not appear and substantiate his title thereto, and pay the charges thereon within sixty days after notice has been given as provided in this act, such hogs shall be sold at the request of the taker-up by the sheriff, or any constable of the county at public auction, upon giving notice of such sale by posting a notice of the same, ten days before such sale, in three of the most public place in the precinct where such hogs may have been taken up. After deducting all the lawful charges of the taking up, and the damage if any accrued ; the remaining proceeds of such sale shall be deposited

in the county treasury to be applied to the common school fund of said county.

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

APPROVED, January 11, 1877.

AN ACT

Concerning Roads and Highways in Idaho County. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows:

SECTION 1. The board of county commissioners of Idaho county, are hereby authorized, and required to divide said county into a number of road districts, not less than five nor more than ten, for the purpose of the improvement, and keeping in repair the public roads and highways of said county, as hereinafter provided.

SEC. 2. The board of county commissioners of said county shall at least four weeks prior to their regular meeting in July, cause notice to be published in some newspaper published in the first judicial district, if any, and if not the board shall post notices in three of the most public places in each roard district, asking for sealed proposals to be received by the said board, for keeping in repair and improving the public roads and highways in said county, for the respective districts separately; and each proposal or bid so submitted to the board shall be accompanied with a bond, conditioned for the well and faithful performance of such contract, as may be made and entered into by and between the person or persons making the proposal or bid, and the board of county commissioners in a sum not less than double the amount bid and stated in each proposal for the improvement and keeping in repair of the roads and highways within the district proposed; two or more sureties to be on such bonds, who shall qualify in the same form and manner as is required of sureties on the official bond of county officers; Provided, The board of county commissioners shall give notice four weeks prior to their regular meeting in April for the first contract, which shall commence on the first day of April, 1877, and run till the first day of July, 1878; but thereafter the contracts shall be let for two years.

SEC. 3. At the time to be stated in the notice, the board

A

of county commissioners shall open and examine the proposals or bids, together with the accompanying bonds, and award to the lowest responsible bidder the contract for each road district separately, for the keeping in repair and improving the public roads and highways in such districts for the term specified in the notice; Provided, The board may in its discretion, accept or reject any or all of such bids or proposals, when it appears to the satisfaction of the board that such bid or bids are of an extortionate character, or that the best interest of the county would be subserved by such acceptance or rejection, as the case may be; Provided further, That should there be for any cause, no contractor in any road district, the board shall relet the contract for the unexpired time in the same manner as provided by section two of this act.

SEC. 4. Any person or persons contracting as provided in this act shall cause all roads and highways within their respective districts, to be kept clear of obstruction, and in good repair; causing banks to be graded, bridges and causways to be made, when the same may be needed to keep the same in good repair, and rebuild them when destroyed; and they shall have the same right and privilege to take and use the material for such purpose, as is allowed to supervisors by the act of January, 1875; and for any neglect in the performance of the duties or infraction of the contract made and required by this act, the party or parties so contracting shall be held responsible on said bond, the same as county officers in said county before any court of competent jurisdiction.

SEC. 5. There shall be levied and collected on all able bodied men in each district a road tax of not more than three dollars, the same to be collected by the tax collector of said county, in the same manner as other per capita taxes are levied and collected, and under the same process for the enforcement of the payment thereof.

SEC. 6. The tax collector collecting such road tax shall pay into the county treasury monthly the amount collected, retaining ten per cent. thereof in full compensation for his services; and eighty-five per cent. of the net proceeds from said tax shall be placed in a special road fund for the improvement and repair of public roads and highways in said county, and fifteen per cent. of the net proceeds of said tax to be placed in a sinking fund for the redemption of the road fund warrants drawn on the road fund of said county, and allowed by the board of county commissioners, to be redeemed in the order in which they stand registered or noted in the treasurers book.

SEC. 7. The auditor and recorder of said county shall prepare blank receipts for road taxes, and after numbering and signing the same, forward a number equal to the probable number of inhabitants in said county, liable to pay road tax, to the chairman of the board of county commissioners of said county, who shall sign them or so many of them as may be required, and make an entry thereof in a book to be kept for that purpose; said receipts upon being so signed shall be by said chairman placed in the hands of the auditor and recorder, and by him delivered to the tax collector taking his receipt therefor.

SEC. 8. The several amounts allowed to contractors in the several and respective districts of said county under the provisions of this act shall be audited and allowed as other claims against the county by the board of county commissioners at their regular meetings, and shall be paid quarterly; Provided, No warrant shall be drawn in favor of any person awarded a contract under the provisions of this act, until such person or persons shall have procured from at least one.

ber of the board of county commissioners, and filed with the recorder and ex-officio clerk of the board a certificate to the effect that such contractor has kept in repair and improved the public roads and highways embraced in his contract; Provided further, That the board of county commissioners of said county shall not permit any money to be drawn from the special road fund, otherwise than provided for by this act; but should there be any balance remaining at the end of any contract term, the board may transfer said balance to the old county road fund to pay any warrants they may deem legally drawn and justly due from the county.

SEC. 9. All acts and parts of acts in conflict with this act are hereby repealed.

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

APPROVED, January 12th, 1877.

AN ACT

To levy a Special Tax in Idaho county, and for other Purposes.

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

SECTION 1. The board of county commissioners of Idaho

county, are hereby authorized and empowered, if in their judgment it be deemed necessary, to levy a special tax upon. all taxable property within the limits of said county, of not less than twenty-five cents nor more than fifty cents on each one hundred dollars of taxable property in said county, to be assessed and collected as are other taxes in said county; the proceeds of said special tax to be placed by the county treasurer of said county in a special fund, to be called the Court House Fund. And the said board of county commissioners of Idaho county are further authorized and empowered to levy and collect in the same manner and at the same time, as aro other per capita taxes, a special per capita tax of one dollar upon each inhabitant of said county liable to pay per capita taxes; said special per capita tax to be also placed by the county treasurer in the court house fund; Provided, however That unless the special property tax hereby authorized, is levied by the board of commissioners of said county, the special per capita tax shall not be levied or collected; And provided, further, That the assessor, collector, auditor and treasurer shall perform all the duties required of them by the provisions of this act, without any charge or expense to the county.

SEC. 2. The board of county commissioners of Idaho county are authorized and directed in case they levy the special taxes herein mentioned, to apply all moneys in the court house fund to the building of a court house at the county seat of said county; said court house to be erected at a cost of not more than three thousand dollars. And the board of commissioners aforesaid, are authorized to let a contract or contracts for the building of said court house, under the same rules and restrictions of other contracts let by said board; but such contract or contracts shall not be for a greater sum in the aggregate than three thousand dollars.

SEC. 3. In case the said special taxes are levied, and the court house fund is thereby created, the county commissioners shall continue to levy said special taxes until all indebtedness of the county for building the court house, hereby authorized to be built, has been liquidated. And whenever the indebtedness of the county for that purpose has been liquidated and paid, then the board of county commissioners shall no longer levy or collect such special taxes, and it is hereby made unlawful for them so to do. And upon the payment of all demands against said court house fund, the treasurer of said county is authorized and directed to pay the balance remaining in said fund, if any there be, into the general fund of said county,