CHAPTER VII. AN ACT To amend an Act entitled "An Act in relation to Money of Account and Interest." Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. Section 5th of said Act is hereby amended so as to read as follows: Section 5. Parties may agree in writing for the payment of any rate of interest whatever on money due, or to become due on any contract. Any judgment rendered on such contract, shall bear the same rate of interest that the contract bore, until satisfied. SEC. 2. This Act to take effect and be in force from and after its approval by the Governor. APPROVED, January 9th, A. D. 1866. CHAPTER VIII. AN ACT To amend an Act entitled "An Act relative to County Officers, etc.," approved February 4, A. D. 1864. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That Section 90 of said Act be so amended as to read as follows: That officers whose duty it is to copy the assessment roll, delinquent tax list, and all other copying and recording of all kinds, be entitled to receive for such, compensation in the sum of forty cents per folio. SEC. 2. The term folio shall be taken, deemed and considered as one hundred words: Provided, That in copying figures each three figures shall be counted as one word. SEC. 3. All Acts, and part of Acts, in conflict with this Act are hereby repealed. SEC. 4. This Act to be in full force and effect from and after its approval by the Governor. APPROVED, January 10th, A. D 1866. CHAPTER IX. AN ACT Amendatory of an Act entitled "An Act to abolish the Office of Territorial Auditor," approved January 5, 1866. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That B. F. Lamkin, late Territorial Auditor, is hereby required to turn over all books, papers, accounts, and property, belonging to the Territorial Auditor's office, into the hands of the Secretary of the Territory, on or before January 14th, A. D. 1866, to be by him delivered to the Territorial Controller. SEC. 2. All laws, or parts of laws, conflicting with the provisions of this Act are hereby repealed. SEC. 3. This Act to take effect and be in force from and after its approval by the Governor. APPROVED, January 10th, A. D. 1866. CHAPTER X. AN ACT To amend an Act entitled "An Act concerning the Writ of Habeas Corpus," approved January 22, 1864. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. Section 5 of the Act of which this is amendatory, is amended so as to read as follows: Section 5. Such writ shall be directed to the officer or party having such prisoner in custody, or under restraint, commanding him or them, (as the case may be,) to have the body of such person so imprisoned or detained, as is alleged by the petition, before the Judge, forthwith, specifying in such writ the place where the petition will be heard; to do and receive what shall then and there be considered concerning such person, together with the time and cause of his or her detention, and have then and there such writ. SEC. 2. All laws, or parts of laws, conflicting with the provisions of this Act are hereby repealed. SEC. 3. This Act to take effect and be in force from and after its approval by the Governor. APPROVED, January 11th, A. D. 1866. CHAPTER XI. CRIMINAL CASES-AMENDMENTS TO. Defendant, what entitled to; sec. 1. Assault, or committal of offense; sec. 2. Judgment, suspension of, by whom made: sec. 4. Amendments to an Act entitled "An Act to Regulate Proceedings in Criminal Cases, in the Courts of Jus tice in the Territory of Idaho," approved February 1, 1864. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That section ten of said Act be amended so as to read as follows: Section Ten. In a criminal action the defendant is entitled: First, to a speedy and public trial; second, to be allowed counsel, as in civil actions, or he may appear and defend in person, or with counsel; and, third, to produce witnesses on his behalf, and to be confronted with the witnesses against him in the presence of the Court. SEC. 2. Section twenty-eight of said Act is amended so as toread as follows: Section Twenty-Eight. Any person who, in the presence of a Court or Magistrate, shall assault or threaten to assault another, or to commit any offense against his person or property, may be ordered by the Court or Magistrate to give security, as is provided in section twenty-four, or, if he refuse to do so, may be committed, as is provided in section twenty-five. SEC. 3. Also amend by striking out all of sections 365, and 366, and 433. SEC. 4. Amend section four hundred and fifty-six so as to read as follows: Section Four Hundred and Fifty-Six. No judge, Court or officer, other than the Governor, can suspend the execution of a judgment of death, except the Sheriff, as provided in the seven succeeding sections, unless an appeal be taken. When an appeal has been taken from a judgment of death, it shall suspend the execution until the appeal is heard or dismissed. SEC. 5. Also amend Section four hundred and seventy-two as follows: Section Four Hundred and Seventy-Two An appeal must be taken withid sixty days after the judgment was rendered. SEC. 6. Amend section four hundred and seventy-eight as follows: Section Four Hundred and Seventy-Eight. No appeal from a judgment of conviction unless it be one imposing a fine only, or of deaths, shall stay the execution of the judgment; but the defendant, if in custody, shall remain in custody to abide the judgment on the appeal, unless admitted to bail as prescribed in section five hundred and one. SEC. 7. That all laws, or parts of laws, conflicting with the provisions of this Act, be and the same are hereby repealed. SEC. 8. This Act to take effect and be in force from and after its approval by the Governor. APPROVED January 11th, A. D. 1866. CHAPTER XII. AN ACT To fix the Time of holding the District Court in and for the County of Alturas, Idaho Territory, Second Judicial District. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That two terms of the District Court, for the Second Judicial District, shall be held annually at the county seat of Alturas county, to commence as follows: the first term to commence on the first Monday of June, and the second term to commence on the second Monday of September. SEC. 2. All sections of Acts, inconsistent with this Act, are hereby repealed. SEC. 3. This Act to be in force from and after its approval by the Governor. APPROVED, January 10th, A. D. 1866. |