expense for the safe keeping and maintenance of territorial prisoners shall be paid out of the territorial prison fund.

SEC. 10. Whenever it shall be necessary for any officer, or other person, in pursuance of any requisition of the governor of the territory upon the authorities of any other state, territory, or country, for the extradition of any person charged with crime in this territory, to travel from this territory, such officer, or other person so traveling, shall be allowed from the territorial prison fund a sum equal to his actual expenses, and five dollars per day for the time actually required for the performance of such service, which sum shall be ascertained by the affidavit of the party claiming the same.

SEC. 11. The territorial prison keepers are hereby required to enter into bonds, with sufficient sureties to the satisfaction of the territorial prison commissioners, conditional for the faithful performance of their duties and the paying over to the territorial treasurer of all net proceeds of prison labor as required by law.

SEC. 12. It shall be the duty of the territorial prison commissioner to examine all bills and vouchers concerning any and all expense incurred, by reason of keeping and maintaining territorial prisoners prior to the passage of this act, and which may have been certified to be just and correct by the board of county commissioners or probate judge of the proper county; and when the prison commissioner shall have found the same correct he shall certify the same to the territorial auditor, who shall draw his warrant upon the territorial treasurer for the payment thereof, to be paid out of the general fund of the territory.

SEC. 13. The territorial prison commissioner shall receive such compensation for his services as the legislative assembly at its next regular session may appropriate.

SEC. 14. This act to take effect and be in force from and after its approval by the governor.

APPROVED, December 22d, A.D. 1864.

CHAPTER XIV.

AN ACT

TO AMEND SECTIONS ONE, TWO, FIVE, SEVEN, EIGHT AND NINE, OF AN ACT ENTITLED AN ACT DEFINING THE JUDICIAL DISTRICTS OF THIS TERRITORY, ASSIGNING THE JUDGES, FIXING THE TIMES AND PLACES OF HOLDING THE SUPREME AND DISTRICT COURTS, AND LIMITING THE JURISDICTION THEREOF, PROVIDING FOR SPECIAL TERMS AND ADJOURNMENTS, FOR THE APPOINTMENT OF CLERKS, AND THE PROCURING OF SEALS, AND PRESCRIBING THE MODE OF PROCEEDING IN THE DISTRICT COURTS. APPROVED DECEMBER 18TH, 1863.

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

SECTION 1. Section one of the said act is hereby amended so as to read as follows: Section 1. This territory is hereby divided into three judicial districts, as follows: The first judicial district shall be composed of the counties of Idaho, Nez Perce, and Shoshone. The second judicial district shall be composed of the counties of Boise and Alturas. And the third judicial district shall be composed of the counties of Ada, Owyhee, and Oneida.

SEC. 2. Section two of said act is hereby amended so as to read as follows: Sec. 2. The Hon. A. C. Smith, associate justice of the supreme court, is hereby assigned to the first judicial district. The Hon. Silas Woodson, chief justice of the supreme

court, is hereby assigned to the second judicial district; and Hon. S. C. Parks, associate justice of the supreme court, is hereby assigned to the third judicial district.

SEC. 3. Section five of said act is hereby amended so as to read as follows: Sec. 5. Sec. 5. There shall be a term of the supreme court of this territory held at the territorial seat of government annually, commencing on the first Monday of January, and such term may be adjourned, from time to time, as said supreme court may direct, by order entered upon the records thereof.

SEC. 4. Section seven of said act is hereby amended so as to read as follows: Sec. 7. A term of the district court for the second judicial district shall commence annually at the county seat of each respective county therein as follows: In the county of Boise, on the second Monday in February, the first Monday in July, and the fourth Monday in October; and in the county of Alturas, on the third Monday in May and the first Monday in September.

SEC. 5. Section eight of said act is hereby amended so as to read as follows: Sec. 8. A term of this district court for the third judicial district shall commence annually at the county seat of each respective county therein as follows: In the county of Ada, on the third Monday in April and the first Monday in December; in the county of Owyhee on the second Monday in June and the first Monday in October; and in the county of Oneida, on the fourth Monday in July.

SEC. 6. Section nine of said act shall read as follows: Sec. 9. Causes arising under the constitution and laws of the United States shall have precedence of cases arising under territorial laws on the calendars of the district courts.

SEC. 7. This act to take effect and be in force from and after its approval by the governor.

APPROVED, December 22d, A.D. 1864.

CHAPTER XV.

AN ACT

AN ACT TO PROVIDE FOR THE TAXING OF FOREIGN MINERS.

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

SECTION 1. No person not being a citizen of the United States, or who shall not have declared his intentions to become such, shall be allowed to take gold from the mines of this territory, or hold a mining claim therein, unless he shall have a license therefor, as hereinafter provided.

SEC. 2. It shall be the duty of the territorial auditor to procure a sufficient number of blank licenses, which shall be numbered consecutively, and a record thereof be filed in his office.

SEC. 3. Every subsequent license after the first shall be dated

from the expiration of the former license issued by the collector to any foreign miner, who shall have been engaged in mining from the expiration of the former license.

SEC. 4. The territorial auditor shall, with ink, fill the blanks for the counties which have been left in the printed form, and shall sign and issue to the auditor of each county, from time to time, when required by the county auditor, a sufficient number of licenses for the use of such county, and take a receipt therefor, and charge the auditor with the same; the amount to be paid for such licenses shall be at the rate of four dollars per month in coin or gold dust, and said licenses shall in no case be transferred.

SEC. 5. The county auditor shall, on the first Monday in each month, fill the blanks for the respective county, and deliver to each tax collector of his county a sufficient number of the licenses provided for in this act, for the use of his county for one month, and take his receipt therefor, and charge him with the same.

SEC. 6. The collector shall collect the license tax provided for in this act, from all persons liable to pay the same, and may seize the property of any such person refusing to pay such tax, and sell the same at public auction, on one hour's notice, by proclamation; and shall deliver the property to the purchaser, together with a bill of sale, attached to a license, which shall transfer the title thereof to the person paying the highest price therefor; and after deducting the tax and necessary expenses incurred by reason of such refusal and sale of property, the collector shall return the surplus proceeds of the sale, if any, to the person or persons whose property was sold; provided, that, should any person, liable to pay such tax in any county of this territory, escape into any other county, with the intent to evade the payment of such tax, then, and in that event, it shall be lawful for the collector to pursue such person, and enforce the payment of such tax, in the same manner as if no such escape had been made. All foreigners residing in the mining districts of this territory, shall be considered miners under the provisions of this act, unless they are directly engaged in some other lawful business avocation: provided, further, that all Mongolians, whether male or female, and of whatever occupation, shall be considered foreigners, and shall pay a license tax of four dollars for each and every month they reside in this territory.

SEC. 7. The collector shall receive ten per cent. of all sums collected from foreign miners' licenses, and fifty per cent. of the net proceeds of all moneys collected under this act shall be paid into the county treasury for the use of the territory, the remaining fifty per cent. of the net proceeds shall be paid into the treasury for the use of the county. Any person charged with the collection of the tax provided to be collected by this act, who shall give any receipts other than the receipts prescribed in this act, or receive money