CHAPTER XVII. AN ACT Supplementary to an Act to amend an Act entitled "An Act to provide Increased Compensation to the Officers of this Territory," approved January 9, 1866. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That so much of Section three of an Act entitled "An Act to amend an Act to provide increased compensation to officers in this Territory," approved January 9th, 1866, as affects the compensation of the Governor and Secretary of the Territory of Idaho, be and the same is hereby repealed. SEC. 2. That the increased compensation of the Governor and the Territorial Secretary, payable from the Treasury of the Territory, and the manner of payment of the same, are hereby fixed in accordance with the provisions of an Act entitled "An Act to provide increased compensation to officers in this Territory," approved January 13th, 1864. SEC. 3. All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. APPROVED, January 12th, A. D. 1866. CHAPTER XVIII. CHAINGANG IN BOISE AND ADA COUNTIES. Sheriffs of Boise and Ada Counties authorized to form chaingang; sec. 1. AN ACT To authorize and empower the Sheriffs of Boise and Ada Counties to employ the Prisoners in the Boise and Ada County Jails, under a criminal conviction, and to form the said Prisoners into a Chaingang. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That the Sheriffs of Boise and Ada Counties be, and they are hereby, empowered, authorized and required, to form a chaingang out of all the prisoners now in, or who may be hereafter in, the Boise and Ada County Jails, under a criminal conviction rendered in any Court of the said counties, or thereto transferred by law, under a criminal conviction rendered by any Court in this Territory. SEC. 2. The Sheriffs shall keep a true, just and correct account of the work performed by such prisoners, and make a full, true, just and correct report of the same, to Boards of County Commissioners of said counties, at each and every regular meeting of said Boards, and at such other times as a report may be called for by such Boards. SEC. 3. The Sheriffs of said Boise and Ada Counties shall have full authority and power herein, as follows: First-To form said chaingang and appoint the necessary guard therefor, as he may deem sufficient. Second-To designate to be done by the said chaingang: Provided, That if in the judg ment of said Sheriffs it will accrue to the benefit of the said counties, the said Sheriffs may hire out the said chaingang. In such case, the earnings of the said chaingang shall be paid to, and collected by, the said Sheriffs, who shall hold the same and credit to the said counties the sums so received; and shall, and they are hereby authorized to, retain therefrom the sum allowed to the said Sheriffs, by the Boards of County Com missioners, for the sustenance and guarding of said prisoners; and the surplus, if any, shall be paid to the Treasurers of said counties, to be by said Treasurers placed to the credit of the fund of said counties. SEC. 4. This Act to take effect and be in force from and after its approval by the Governor. APPROVED, January 12th, A. D. 1866. CHAPTER XIX. AN ACT To amend an Act entitled "An Act to Define the Time of Commencing Civil Actions." Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows. SECTION 1. Section thirty five of said Act is hereby repealed. SEC. 2. Section thirty four of said Act is amended so as to read as follows: An action upon any judgment, contract, obligation or liability for the payment of money or damages, obtained, executed, or made out of this Territory, or any other Territory from which this Territory is in part formed, shall only be commenced within three years after the party making such liability shall be a resident of this Territory. SEC. 3. Section thirty four of said Act, so far as it conflicts with the provisions of this Act, is hereby repealed. SEC. 4. This Act to take effect from and after its approval by the Governor. APPROVED January 10th, 1866. CHAPTER XX. TO PROVIDE FOR THE BETTER PROTECTION OF PUBLIC MONEYS Duty of officers entrusted with collection of moneys; sec. 1, 2. The same kind of money to be paid out as received; sec. 2, 3. Public moneys to be kept in possession of officer until provided by law; sec. 3. AN ACT To provide for the better Protection and Disbursement of Public Moneys. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. It shall be the duty of every officer intrusted by any law of this Territory with the collection of any of the public moneys of this Territory, or the public moneys of any county, or city and county, or township, or district, or municipal corporation in this Territory, to pay over in coin such portion of said public moneys as he shall have received in coin or in gold dust, or such portion thereof as he shall have received in gold dust, and in paper currency such portion as he shall have received in paper currency, to the officer, person or persons, entitled by laws of this Territory to receive the same. SEC. 2. It shall be the duty of every officer entrusted by any law of this Territory with the custody and disbursement of any of the public moneys of this Territory, or the public moneys of any county, or city and county, or township or district, or municipal corporation in this Territory, to keep and disburse in coin so much of said public moneys as he shall have received in coin, and so much as he received in gold dust and in paper currency so much thereof as he shall have received in said currency; and none but clean, merchantable gold dust shall be received by any Tax Collector and paid over to any Treasurer, and none but like gold dust shall be paid out by any Treasurer, and all Tax Collectors and Treasurers shall be responsible on their official bonds, to any person aggrieved by the payment of adulterated or dirty dust. SEC. 3. All officers mentioned in section one and two of this Act, are hereby required to keep all public moneys, while the same are in their custody or under their control, in their own possession, and they are hereby forbidden and prohibited from placing the same, or any part thereof, in the possession of any banker or banking firm, or any person or persons whomsoever, to be used by them, for any purpose whatever, for their own benefit, or for the benefit of any other person or persons; and they are further forbidden and prohibited from loaning, borrowing, or in any other manner using said public moneys, or any part thereof, or permitting any other person or persons to use the same, or any part thereof, either with or without interest, or any other compensation, for any purpose whatever, except as provided by the laws of this Territory; and they are further forbidden and prohibited from changing or converting said public moneys, or any part thereof, from coin into any paper currency, or from gold dust or paper currency into any other paper currency, gold dust or coin. SEC. 4. If any of the officers aforesaid shall violate any of the provisions of this Act, they shall be deemed guilty of felony, and, upon conviction thereof in a Court of competent jurisdiction, shall be punished by imprisonment in the Territorial Prison for a period not less than one year nor more than five years, or by fine not less than five hundred dollars nor more than ten thousand: Provided, Nothing in this Act shall be so construed as to prevent any of said officers, except the Terririal Treasurer, from making special deposits for the safe keeping of the public moneys. SEC. 5. All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed: Provided, That nothing in this Act contained shall be so construed as to release any officer herein named from any liability or penalty which he may have incurred under existing laws. SEC. 6. This Act shall take effect from and after the approval of the Governor. APPROVED, January 11th, 1866. |