CHAPTER XXIII. AN ACT IN RELATION TO THE CLERK OF THE SUPREME COURT, AND PRESCRIBING HIS DUTIES. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That the supreme court, or the judges thereof, shall appoint a clerk, who shall hold his office during the pleasure of such court. SEC. 2. Before entering upon the duties of his office he shall take an oath of office and give bond in such sums, with surety and condition, as the said court or the judges thereof shall require, which bond shall be approved by one of the judges of the said court, and shall be deposited with the secretary of the territory; the bond shall be to the United States, and any party aggrieved by the official acts or omission of said clerk may have his action thereon. SEC. 3. The clerk shall keep his office at the seat of government, and shall keep it open at all seasonable hours; and shall keep such records and books as are prescribed by law and the supreme court. The rent for the office, fuel, and lights, books, and stationery, shall be paid for out of the territorial treasury by draft of the territorial auditor, the bills being first approved by one of the judges of said court. SEC. 4. He shall file all papers that may be legally lodged with him for that purpose, noting the day, month, and year when so filed. SEC. 5. He shall be responsible for the safe custody and delivery to his successors, of all books and papers belonging to his office. SEC. 6. He shall have power to administer oaths in every case where an oath is authorized by law. SEC. 7. He shall not practice as an attorney or counsellor, nor shall he be surety or bail in any case in the court of which he is clerk. SEC. 8. He is authorized to fake acknowledgments of his deeds and instruments of writing under the seal of his office. SEC. 9. This act to take effect and be in force from and after its approval by the governor. APPROVED, December 17th, A.D. 1864. CHAPTER XXIV. AN ACT TO PROVIDE FOR THE BETTER MAINTENANCE OF THE INDIGENT SICK, IDIOTIC, AND INSANE PERSONS, IN THE SEVERAL COUNTIES OF THIS TERRITORY. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. The board of county commissioners, in and for the several counties in this territory, are hereby empowered to levy, annually, and cause to be collected in their respective counties, such special per capita tax, as they may deem necessary, not to exceed the sum of two dollars for each taxable inhabitant thereof, to be appropriated to the care and maintenance of the indigent sick, idiotic, and insane persons in such county. SEC. 2. The board of county commissioners of each county are also empowered to levy, and cause to be collected annually, in addition to the amount authorized by the provisions of section one of this act, a sum not to exceed one-fourth of one per cent. on the value of all taxable property of such county as may by them be deemed necessary and sufficient for the support of the resident indigent sick, idiotic, and insane persons of their respective counties. SEC. 3. It shall be lawful for the board of county commissioners of each county in this territory, to contract with any responsible party or parties in the territory, upon such terms as may be deemed just and equitable, for the care, protection, and maintenance of the indigent sick, idiotic, and insane persons of their respective counties. All persons or parties with whom such contracts may be made by any board of county commissioners, shall enter into bonds, to the commissioners, with two or more approved sureties, in such sums as may seem just, conditioned for the faithful performance of their duties: provided, that all persons with whom such contracts may be made, shall render quarterly reports to the board of county commissioners, of such indigent sick, idiotic, and insane persons committed to their charge, showing the causes and nature of their confinement, and the expenses attendant upon their care and maintenance. SEC. 4. The taxes specified in this act shall be collected in the same manner and at the same time as other taxes, and by the same officers who are now, by law, or may hereafter be elected or appointed to collect county revenue; and the said taxes, when collected, shall be paid into the county treasury, and the treasurer shall receipt therefor, and all the money thus collected shall constitute and be known as the special hospital fund of the county, and shall be used for the care, protection, and maintenance of the indigent sick, idiotic, and insane persons, and for no other purpose or object. The treasurer of each county shall cause to be provided, blank receipts for the special per capita tax herein provided, which receipt shall be signed by the treasurer, and countersigned by the county auditor, and by the treasurer delivered to the county assessor, taking his receipt therefor, and making a register of the same, with the number thereof, in a book to be kept by him for that purpose. No money set apart, under the provisions of this act, for the benefit of the indigent sick, idiotic, and insane persons, shall be drawn from the hands of the officer or officers having the charge of the same, according to law, except upon the presentation of the order of the board of commissioners, drawn on the hospital fund. SEC. 5. This act to take effect and be in force from and after its approval by the governor. APPROVED, December 13th, A.D. 1864. CHAPTER XXV. AN ACT TO PROVIDE CERTIFICATES OF ELECTION FOR THOSE PERSONS WHO WERE ELECTED FOR THE OFFICE OF DISTRICT ATTORNEY IN THE SEVERAL JUDICIAL DISTRICTS OF THIS TERRITORY, AT THE GENERAL ELECTION OF THE YEAR A.D. 1864. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That it shall be the duty of the secretary of the territory, in the presence of the governor, to canvass the votes given for district attorney, in the several judicial districts of this territory, at the last general election; and the governor shall grant certificates of election to the person having the highest number of votes for that office, in the several districts. SEC. 2. This act shall take effect, and be in full force, from and after its passage and approval by the governor. APPROVED, December 14th, A.D. 1864. CHAPTER XXVI. AN ACT TO PERMANENTLY LOCATE THE CAPITAL OF THE TERRITORY OF IDAHO. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That the capital of the territory of Idaho be, and the same is hereby permanently located at Boise City, in the county of Boise and said territory of Idaho. SEC. 2. The capitol buildings are hereby located on the grounds known in and described on the plat of said Boise City as the capitol square. And the honorables Caleb Lyon, C. B. Waite, and J. M. Cannady are hereby appointed as commissioners to receive a deed to said capitol square, and such other grounds as may be deemed necessary, to hold in trust for the territory, for the purpose of erecting the capitol buildings aforesaid. SEC. 3. The secretary of said territory is hereby authorized to immediately draw a warrant upon the treasurer of the territory, for such sum, not exceeding the sum of two thousand dollars, as shall be necessary to remove the papers, books, documents, and other property belonging to his office, to said Boise City. SEC. 4. This act to take effect from and after the twenty-fourth day of December, A.D. 1864. APPROVED, December 7th, A.D. 1864. |