first session, and annually thereafter, one commissioner shall be elected, and shall continue in office for the term of three years.

SEC. 3. Whenever it shall become necessary to elect a commissioner to fill any vacancy occasioned by death, resignation, or removal, the person elected shall hold his office for the unexpired term for which his predecessor was elected, and until his successor is elected and qualified.

SEC. 4. Before any commissioner shall enter upon the duties of his office, he shall take and subscribe an oath or affirmation before some person authorized to administer the same, faithfully to discharge the duties of a commissioner of the county in which he resides, and deposit the same with the clerk of the board of commissioners of his county, to be by him filed in his office.

SEC. 5. The board of commissioners shall hold four sessions annually at the county seat of their respective counties, commencing on the first Mondays of January, April, July, and October, at all of which they shall transact any business which may be required by law: provided, that if the district court commence its session on any of the above-mentioned days, the county commissioners shall meet on the preceding Monday; but no session shall be continued for a longer period than six days.

SEC. 6. The county clerk of the county shall be the clerk of the board of commissioners, and attend their meetings, and open their sessions by proclamation, and keep a record of their proceedings, and carefully keep in his office all books and papers belonging to said board of commissioners, or the business thereof; said books and papers to be at all times open to public inspection.

SEC. 7. The said board of county commissioners are hereby authorized to hold extra sessions in case they may think the business of their county requires the same; and ten days' notice from any two of the commissioners to the third, shall be considered a sufficient call for such extra session: provided, that no extra session shall continue more than three days; and the sheriff of the county shall also, when required, attend by himself or deputy, and execute the orders of the board.

SEC. 8. The commissioners shall each receive six dollars per day when necessarily employed in transacting the county's business, except Boise and Alturas counties, in which they shall receive ten dollars per day, and twenty-five cents per mile going to and returning from the meetings of the board, to be computed by the most usually traveled route: provided, that in all extra sessions held by said board, they shall not receive more than six dollars per day.

SEC. 9. When only two of the members shall be present at a meeting of the board, and a division shall take place on any question, it shall be postponed to a subsequent meeting.

SEC. 10. The commissioners of each county shall have, and

use, a seal for the purpose of sealing their proceedings, and copies of the same, when signed, sealed, and attested by their clerk, shall be good evidence of such proceedings in the trial of any cause in any court of this territory; and until such seal shall be provided, the private seal of the clerk of such board of county commissioners shall be considered a seal.

SEC. 11. The several boards of county commissioners are authorized and required: First. To provide for the erection and repairing of courthouses, jails, and other necessary public buildings for the use of the county. Second. To lay out, discontinue, or alter county roads or highways within their respective counties, and to do all other necessary acts relating thereto. Third. To license and fix the rates of ferriage and tolls, authorized by law. Fourth. To fix the amount of taxes to be assessed according to the provisions of law, and to cause the same to be collected. Fifth. To allow all amounts chargeable against such county not otherwise provided for, and to audit the accounts of all officers having the eare, management, collection, and disbursement of any money belonging to the county, or appropriated to its benefit. Sixth. To have the care of the county property, and the management of its funds and business, except in cases otherwise provided for, and shall have no other powers except such as are or may be given by law: provided, that the respective boards of commissioners of the counties in this territory are hereby expressly forbidden from transferring, or authorizing the transfer of, any general or special fund from that fund to any other.

SEC. 12. Real estate belonging to any county shall be sold by an agent duly appointed by the order directing such sale, who shall have the same power as a commissioner appointed to sell real estate by the district or probate court.

SEC. 13. The board of county commissioners shall cause to be recorded in a book kept for that purpose, all their proceedings and their determinations touching all matters properly cognizable before them, and all books, accounts, vouchers, and papers touching the business or property of the county.

SEC. 14. The commissioners aforesaid, at their first session after the annual election in each and every year, shall direct one of their number to preside at the meetings of their board, and he shall sign all documents requiring the signature of the board, and the signature of such person, as chairman of the board of commissioners, shall be as legal and binding as if the whole board had affixed their names: provided, that in case such chairman shall be absent at any meeting of the board, all documents requiring the signature of the board shall be signed by both members present.

SEC. 15. It shall be the duty of the board of county commissioners to provide offices for the sheriff, the county auditor, and clerk

of the district court, and also to provide all books and stationery necessary for the use of the board of county commissioners, the office of the county auditor, the clerk of the district court, the probate court, and county treasurer, and also to provide convenient desks for the preservation and security of the books and other documents in the several offices.

SEC. 16. At the July session the board of county commissioners shall examine and compare the accounts and vouchers of the county auditor and county treasurer, count the funds in the county treasury, and shall make a full and accurate statement of the receipts and expenditures of the preceding year, and shall cause the same to be posted up at the courthouse door, and two other public places in their county; and if there shall be no courthouse, then at three public places in such county, and shall publish the same in some newspaper in such county, if there be any.

SEC. 17. It shall be the duty of the board of county commissioners, at their first session, to divide their respective counties into election precincts, in such manner as shall be most convenient for the population, and appoint a place for the election therein, and they shall create new precincts from time to time as the population may require; and on the petition of twenty voters resident more than ten miles from any place of election, it shall be the duty of the board of county commissioners to establish a precinct and appoint judges of election therefor.

SEC. 18. The board of county commissioners of the several counties of this territory are vested with the entire superintendence of the poor of their respective counties.

SEC. 19. No county commissioner shall, directly or indirectly, as contractor, be concerned in any contract for work to be done or materials to be furnished to the county, under the penalty of two hundred dollars, to be recovered by an action at law for the use of the county; and such commissioner shall moreover forfeit any compensation he was to receive on such contract.

SEC. 20. The county commissioners and county commissioners' clerk are authorized and empowered to administer all oaths or affirmations necessary in the discharge of the duties of their respective offices.

SEC. 21. Until proper buildings are erected at a place fixed upon for the seat of justice in any county, it shall be the duty of the county commissioners to provide some suitable place for holding the courts of such county.

SEC. 22. Any person may appeal from the decision of the board of county commissioners to the next term of the district court of the same county; such appeal shall be taken within twenty days after such decision, and the party appealing shall notify the commissioners that the appeal is taken, at least ten days before the first

day of the next term of the court appealed to, which notice shall be in writing, and shall be delivered personally to the commissioners, or left with the clerk of the board; and the party appealing shall give bond to the county, with one or more sureties, to be approved by such clerk, conditioned to pay all the costs which shall be adjudged against him on such appeal in the said district court.

SEC. 23. An act entitled "an act creating the board of county commissioners and defining their duties," approved February thirteen, eighteen hundred and sixty-four, and all acts and parts of acts contravening this act be and the same are hereby repealed.

SEC. 24. This act to take effect and be in force from and after its approval by the governor.

APPROVED, December 22d, 1864.

CHAPTER X.

AN ACT

REPEALING A CERTAIN ACT.

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

SECTION 1. That an act entitled an act supplementary to an act entitled an act to regulate proceedings in civil cases in courts

of justice in the territory of Idaho, approved February 4th, 1864, be and the same is hereby repealed.

SEC. 2. This act to be in force and effect from and after its approval by the governor.

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

CHAPTER XI.

AN ACT

TO AMEND AN ACT ENTITLED AN ACT TO REGULATE MARRIAGES AND DIVORCES, APPROVED JANUARY 16TH, 1864.

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

SECTION 1. That section fifth of said act shall read as follows: If any person intending to marry shall be under the age of twenty-one, if a male, and eighteen years if a female, and shall not have had a former wife or husband, the consent in person or in writing of the parent or guardian having the custody or control of such minor, if he or she has either a parent or guardian living in this territory, shall be given to the person solemnizing the marriage before such marriage shall take place.

SEC. 2. This act to take effect and be in force from and after its approval by the governor.

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