be received by the County Commissioners' Clerks, and receipted for by them. SEC. 3. Copies of the said laws and journals shall be furnished the said Territorial Printer for publication, by the Secretary of the Territory, within twenty days after the adjournment, sine die, of the Legislative Assembly: And, Provided, the said Secretary fails or refuses to perform the duty required of him by this section, then it shall be lawful for the said Territorial Printer to employ a competent copyist to copy the laws and journals for publication, for which service the said Territorial Printer shall receive the sum of ten dollars per day for each and every day necessarily occupied in the performance of said duty. SEC. 4. It shall be the duty of said Territorial Printer to execute all the printing that may be ordered by the Legisla tive Assembly; to print the laws and journals, and all such blanks and forms as may be required by the Territorial Auditor or Controller, Treasurer or Receiver, the Governor and Secretary, and to make all newspaper publications of laws required by the Legislative Assembly, except the newspaper publication of the laws of the Third Session, and to execute all other printing that may be a Territorial charge. For all proclamations, notices, orders and advertisements authorized to be published by this section in Territorial paper, he shall be allowed two dollars per square of three hundred ems for composition and the first insertion, and one dollar per square for each additional insertion. SEC. 5. It shall be the duty of the Territorial Secretary to make a complete index of the laws and journals, and head notes to the laws, and for so doing he shall receive the sum of ten dollars per day for every day actually employed in the performance of said duty: Provided, The said Territorial Printer may perform the same duty and receive the same compensation, in case the Secretary fails or refuses to do so. SEC. 6. The prices to be paid such Territorial Printer are hereby established, as follows: For composition, per thousand ems, three dollars. For rule and figure work, per thousand ems, four dollars and fifty cents. For press work, per token of two hundred and forty impres sions, three dollars. For folding reports and bills, per thousand, on each signature, four dollars. For stitching reports and bills, per hundred copies, three dollars. For book paper, per ream, thirty dollars. For bill paper, per ream, fifteen dollars. For binding, in strong paper or otherwise, such reasonable compensation as shall be fixed by the Secretary of the Territory, under the instructions of the Secretary of the Treasury of the United States: Provided, That the allowance made by the Secretary of the Treasury of the United States shall be full compensation for printing and publishing the laws and journals. SEC. 7. For all blanks and forms printed and delivered, the following rates shall be charged and paid. For all commissions, not to exceed thirty dollars per thousand. For all receipts, orders on the Treasury, licenses, and all other blanks and forms required, but not otherwise provided for in this section, not to exceed twenty dollars per thousand. SEC. 8. It shall be the duty of said Territorial Printer to publish, in the columns of the newspaper published by him, all laws passed by the Legislative Assembly, within twenty days after their passage; and he shall receive the sum of two dollars per thousand ems as a compensation for such services, to be paid out of the Territorial Treasury in the same manner as other claims against the Territory are paid. Every law so published may be read in evidence from the paper in which it shall be contained, in all Courts of Justice of this Territory, and in proceedings before any officer, board or body, for six months after the close of the session at which it became a law. SEC. 9. All Acts, and parts of Acts, inconsistent with the provisions of this Act, are hereby repealed. SEC. 10. This Act shall take effect and be in force from and after its passage. VETOED by the Governor, January 11th, A. D., 1866, and passed over his head January 12th, A. D., 1866, by the required two thirds vote, and became a law. CHAPTER XLI. DISTRICT ATTORNEY. District Attorneys, number of, term of office; sec. 1. Bond, condition of, amount; sec. 2. Duty of; sec. 3, 4. Salary of, fees of, how paid; sec. 5, 6. AN ACT Creating the office of District Attorney in each of the organized Judicial Districts of Idaho Territory, and defining their duties, privileges and powers, and fixing their compensation. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. There shall be a District Attorney for each of the organized Judicial Districts, as now established by law they shall hold their offices for the term of two years, and until their successors are elected, or appointed, as required by law. SEC. 2. They shall each, before entering upon the duties of their offices, execute and file with the Judge of their respective districts, a bond, to be approved by the said Judge, with one or more sureties, in the sum of two thousand dollars, conditioned that they will well and truly pay over all moneys collected by them as District Attorneys, and for the faithful performance of their duties; which bond shall be forwarded by said Judge, and filed in the office of the Secretary of the Territory. SEC. 3. They shall be public prosecutors in their respective districts, and shall sign all bills of indictment that may be found by the Grand Jury; and shall prosecute, on behalf of the people, all public prosecutions wherein the people of this Territory are a party; and they shall each have power to appoint a deputy at any time when the business of the respective offices shall seem to require it. SEC. 4. They shall, when requested by any member of the Grand Jury, give their opinion to them on any matter of law pertaining to their duties as Grand Jurors; and shall, when requested by any township or county officer, give to them their opinion on any matter of law pertaining to their duties, without fee or reward; they shall, also, prosecute on behalf of the people all forfeited recognizances, and shall receive, to their own use, ten per cent. of all moneys thus collected; also, all forfeited bonds, recognizances and undertakings, wherein the people are a party, or necessarily involved in the action. SEC. 5. Each of the said District Attorneys shall receive an annual salary of fifteen hundred dollars, payable out of the Territorial Treasury, quarter yearly, out of any moneys not otherwise appropriated, upon an order drawn on the Territorial Treasurer, by any Judicial District Judge, for that purpose. SEO. 6. They shall also be entitled to receive the following fees, to wit: For every conviction of felony, when the punishment is death, one hundred dollars; for every conviction of felony, where the punishment is otherwise than by death, fifty dollars; for every misdemeanor, the sum of twenty-five dollars; for every trial not resulting in conviction, twenty dollars; for every criminal examination before a committing magistrate, fifteen dollars. Said sums to be paid out of the County Treasury of the county where the trial, exami nation or conviction shall take place, as other moneys are drawn and paid out. SEC. 7. That all laws, or parts of laws, in conflict 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 10th, A. D. 1866. CHAPTER XLII. AN ACT Amendatory of an Act entitled "An Act defining the Judicial Districts of this Territory, assigning the Judges, fixing the time and places of holding the Supreme and District Courts, and limiting the jurisdiction thereof, providing for special terms and adjournments, for the appointment of Clerks, and the procuring of Seals, and prescribing the mode of proceeding in the District Courts." Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That section eleven of the Act entitled "An Act defining the Judicial Districts of this Territory, assigning the Judges, fixing the time and places of holding the Supreme and District Courts, and limiting the jurisdiction thereof, providing for special terms and adjournments, for the appointment of Clerks, and the procuring of Seals, and prescribing the mode of proceeding in the District Courts," approved December 18th, A. D. 1863, be, and the same is hereby repealed. And all laws, or parts of laws, or Act, or Acts, conflicting with the provisions of this Act are hereby repealed. SEC. 2. Any Judge of a Judicial District in this Territory, may hold a term of Court in any District in this Territory, in case of vacancy occurring through sickness, death, disqualifi cation, resignation, or unavoidable absence from the District of the Judge properly assigned to that particular District, upon his being notified or served with a written notice, or request, from the Governor of the Territory, which said notice or written request, shall be entered on the records of said Court; and from the time of the service of said notice or request upon him, he shall have power to act as Judge of said District, during such absence, sickness or disqualification, and do any act that may be necessary and proper for the holding of said Court, including the appointment of a Clerk, and the designation of a seal, in all cases where there is no Clerk or seal. SEC. 3. This Act to take effect and be in force from and after its approval by the Governor. APPROVED, January 6th, A. D. 1866 |