for such license, without giving the necessary receipt, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not exceeding one thousand dollars, and be imprisoned in the county jail not exceeding six months.

SEC. 8. Any tax collector who shall sell, or cause to be sold, any foreign miner's license with the date of the sale left blank, or which shall not be dated and signed, and blanks filled with ink, by the auditor and tax collector, and any person who shall make any alteration, or cause the same to be made, in any license, shall be deemed guilty of a felony, and, upon conviction thereof, shall be fined in a sum not exceeding one thousand dollars, and imprisonment in the territorial prison not exceeding three years; and the license so sold with blank date, or which shall not be signed and dated, and the blanks filled with ink, as aforesaid, or which shall. have been altered, shall be received as evidence in any court of competent jurisdiction.

SEC. 9. Any company or person hiring foreigners, or interested with them as partners, or renting or on shares, or in any manner connected with any foreigner or foreigners, in working or in possession of any mining grounds in this territory, shall be held liable for the amount of license of each and every foreigner with whom such person or company is so connected or interested. All mining grounds worked, or possessed, all improvements, all tools and machinery, used in working such grounds by said person or company, shall be subject to sale for the payment of said license tax, in the manner provided in section six of this act. The collector shall have power to require any person or company believed to be indebted to, or to have money, gold dust, or property of any kind, belonging to any foreigner, or in which any foreigner is interested, in his or their possession, or under his or their control, to answer under oath as to such indebtedness, or the possession of such money, gold dust, or other property. In case a party is indebted, or has possession or control of any moneys, gold dust, or other property, as aforesaid, of such foreigner or foreigners, he may collect from such party the amount of such license, and may require the delivery of such money, gold dust, or other property, as aforesaid; and in all cases, the receipt of the collector to said party shall be a complete bar to any demand made against such party, or his legal representatives, for the amounts of money, gold dust, or property embraced therein. Any person or company having foreigners to work in the mines of this territory, shall be liable for the amount of the licenses for each person so employed.

SEC. 10. The provisions of this act shall be construed as applying only to such persons as are inhibited from becoming citizens of the United States by the laws thereof.

SEC. 11. This act to take effect and be in force from and after

its approval by the governor.

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

CHAPTER XVI.

AN ACT

RELATIVE то ESTRAYS.

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

SECTION 1. That any person taking up any stray animal, shall, within five days thereafter, notify the owner thereof, if to him known, and request such owner to pay all reasonable charges and take such stray away.

SEC. 2. Any person finding an animal known to be an estray, upon the lands owned and inclosed by such person, may, immediately take up such animal as an estray; or if at any time an animal be found upon the premises owned or occupied by another in a condition as to require feed to preserve its life, it may be taken up and published as an estray in accordance with the provisions of this act.

SEC. 3. If the owner of any stray animal be unknown, the

taker-up shall, within ten days after taking up such animal, post up written notices, (giving a description of such animal, the marks, brands, natural or artificial, as near as practicable, the name and residence of the taker-up, and the time at which the same was taken up) in three of the most public places in the county; one of which shall be posted at the door of the courthouse or auditor's office of said county.

SEC. 4. Every taker-up of an estray or estrays shall, within one month after taking up the same, procure an appraisal thereof, by having two disinterested persons, residents within the county where such stray or strays are taken up, to value and appraise the same, and make return of such valuation, together with the kind and description, marks and brands, natural or artificial, of such stray or strays, to the auditor of the county in which the same may be, which return must be sworn to by at least one of the appraisers, before some person legally authorized to administer an oath, and subscribed to by both, and a certificate of such oath shall be attached to said return and filed with the same; and the auditor of the county shall enter in a book for that purpose, the name of the taker-up of such stray or strays, together with the description of the same as given, the appraiser's value, and the time when taken up, which shall be kept for the inspection of the public.

SEC. 5. If the owner or any person entitled to the possession of such stray, shall appear at any time within one year after the notice is filed with the auditor as aforesaid, and make out his right thereto, he shall be entitled to the possession and ownership of such stray upon paying all lawful charges which have been incurred in relation to the same.

SEC. 6. If the owner and taker-up of any stray cannot agree upon the amount of such charges, or for the use of any such stray, either party may make application to any justice of the peace of the county where such stray was taken up to settle the same, and the party making such application, shall give notice thereof to the other party, and if any amount be found due to the taker-up by the said justice, over the value of the use of such stray, the same shall be a lien on said stray until paid by the owner, together with the cost of such adjudication, which, if not paid, said justice may enter up judgment and issue execution for, commanding the sale of such estray to pay such debt and cost, as in any other judgment for debt: provided, that only such stray can be made liable for such debt and cost, and that either party shall have the same right to appeal to the district court as in other cases.

SEC. 7. If any person entitled to the possession of any stray shall not appear and substantiate his title thereto, and pay charges thereon, within one year from the time when said notice is filed with the county auditor, as provided in this act, such stray shall be

sold at the request of the taker-up, by the sheriff or any constable of the county, at public auction, upon first giving public notice thereof in writing, by posting up the same in three of the most public places in the precinct where such stray may have been taken up, at least ten days before such sale; and the taker-up may bid therefor at such sale, and after deducting all the lawful charges of the takerup, as aforesaid, and the fees of the sheriff or constable, which shall be the same as on an execution, 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. 8. If any person shall, without the consent of the takerup, take away any stray taken up pursuant to the provisions of this act, without first paying all the lawful charges incurred in relation to the same, he shall be held liable to the taker-up for the full value of such stray, and may be proceeded against, as in an action for debt, before any court having competent jurisdiction.

SEC. 9. If any taker-up of any estray shall neglect to cause the same to be advertised, or a notice thereof be posted up, or if he shall neglect to procure the appraisal of any stray, which shall be of the vaule of five dollars or more, or if he shall move or cause the same to be moved beyond the bounds of the county where taken up, or if he shall neglect to perform any of the duties required of him by this act, he shall be procluded from acquiring any right of property in such stray, and from receiving any damages or charges for keeping the same, and he shall, moreover, forfeit and pay into the county treasury a sum equal to the value of such stray, to be sued for and recovered by the county treasurer, in the name of the county, and the amount so recovered applied to the common school fund of the county.

SEC. 10. If the taker-up of estray property shall convert the same to his own use, before the title thereto shall vest in him according to law, or if he shall knowingly and willfully violate any of the provisions of this act, such person, so offending, shall be fined in any sum not exceeding five hundred dollars and not less than double the value of such estray property: provided, that in case such estray or estrays are work animals, they may be used by the taker-up in the same manner as though he were the owner thereof, and the amount of the value of such use shall be deducted from the charges attaching to such estray.

SEC. 11. This act shall take effect, and be in force, from and after its approval by the governor.

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

CHAPTER XVII.

AN ACT

RELATING TO THE HOLDING OF TERMS OF THE DISTRICT COURT IN THE FIRST JUDICIAL DISTRICT.

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

SECTION 1. A term of the district court for the first judicial district shall be held at Lewiston in the county of Nez Perce, commencing on the second Monday of April, and first Monday of November of each year, for the hearing and determination of all matters and causes arising in said district.

SEC. 2. The board of county commissioners of the counties of Shoshone and Idaho (when in their opinion no term of the district court is required in their respective counties at the time provided by law) may notify the district judge of the first judicial district, at least twenty-five days prior to the time fixed for holding said term, that said term is not needed; and in that case, no term shall be ordered or held. Such notice to be delivered at the residence of the district judge, by some person duly authorized by such board of commissioners.

SEC. 3. When no term of district court shall be held in said counties of Shoshone and Idaho, or either of them, as provided by this act, all actions, suits, and proceedings awaiting for trial or hearing for such term, shall, if the parties thereto so stipulate or