LAWS

G. K

OF THE

TERRITORY OF IDAHO,

SECOND SESSION:

CONVENED ON THE FOURTEENTH DAY OF NOVEMBER, 1864, AND
ADJOURNED ON THE TWENTY-THIRD DAY OF DECEMBER, 1864,

AT

BOISE CITY.

CONTAINING ALSO

THE TERRITORIAL ORGANIC ACT,

DECLARATION OF INDEPENDENCE, THE FEDERAL CONSTITU-
TION, THE PREEMPTION AND NATURALIZATION

LAWS, ETC., ETC.

BOISE CITY:

FRANK KENYON, TERRITORIAL PRINTER.

1866.

L 7969

AUG 1933

1

29

An Act to provide a Temporary Government for the Territory of Idaho

An Act to amend an Act entitled an Act to Provide a Temporary Gov-

ernment for the Territory of Idaho, approved March 3d, 1863....

Act of Congress, Creating the Office of Surveyor General of the Public

Lands in Oregon, and to provide for the Survey, and to Make

Donations to Settlers of the said Public Lands..

An Act to amend an Act entitled an Act to Create the Office of Surveyor

General of the Public Lands in Oregon, and to provide for the

Survey, and to make Donations to the Settlers of the said Public

Lands, approved September 27th, 1850..........

An Act to amend the Act approved September 27th, 1850, to Create the

Office of Surveyor General of the Public Lands in Oregon, etc.,

and also the Act amendatory thereof, approved February 19th,

1853....

An Act to appropriate the Proceeds of the Sales of the Public Lands,

and to Grant Preemption Rights.

An Act to Secure Homesteads to Actual Settlers on the Public Domain.

Abstract of the Laws of the United States in Relation to the Natural-

ization of Aliens...

60

63

Act of Congress to amend the Acts Regulating the Fees, Costs, and

other Judicial Expenses of the Government in the States, Terri-

tories, and District of Columbia, and for other Purposes..

An Act Requiring an Oath of Allegiance, and to Support the Constitu-

tion of the United States, to be administered to Certain Persons

in the Civil Service of the United States..

An Act to Prescribe an Oath of Office, and for other Purposes.......

An Act in Relation to Courts, and the Holding of the Terms thereof in

the Several Territories in the United States...

CHAP.

PAGE.

An Act to Secure Freedom to all Persons within the Territories of the

United States....

76

An Act in Relation to the Competency of Witnesses, and for other

Purposes...

77

An Act to Define the Pay and Emoluments of Certain Officers of the

Army, and for other Purposes...

78

Laws of the Territory of Idaho.....

79

8888

1.

An Act to regulate Proceedings in Civil Cases in the Courts of Justice

in the Territory of Idaho.......

81

2.

An Act to regulate Proceedings in Criminal Cases in the Courts of

Justice in the Territory of Idaho................

213

3.

An Act concerning Crimes and Punishments...

298

4.

An Act to provide a Uniform System of Territorial and County Rev-

enue, and for the Assessing and Collecting the same.......

384

5.

An Act relative to Elections.....

365

6

7.

An Act to establish a Common School System for the Territory of Idaho.

An Act for securing Liens to Mechanics and others.....

377

384

8.

An Act supplementary to an Act entitled an Act relating to County

Officers, etc., passed at the First Session of the Legislative As-

sembly of the Territory of Idaho...

389

9.

An Act creating the Board of County Commissioners, and Defining their

Duties...

392

10.

An Act repealing a Certain Act...

396

11.

An Act to Amend an Act entitled an Act to Regulate Marriages and

Divorces, approved January 16th, 1864....

397

12.

An Act relating to the Discovery of Gold and Silver Quartz Leads, and

of the Manner of their Location....

398

13.

14.

An Act to create a Territorial Prison Commissioner, and to provide for

the Care and Safe-Keeping of Territorial Convicts...

An Act to Amend Sections One, Two, Five, Seven, Eight, and Nine, of

an Act entitled an Act Defining the Judicial Districts of this Ter-

ritory, Assigning the Judges, Fixing the Times and Places of

holding the Supreme and District Courts, and limiting the Juris-

diction 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, ap-

proved December 18th, 1863..

401

404

15. An Act to provide for the Taxing of Foreign Miners......

406

An Act relative to Estrays...

409

17.

An Act relating to the Holding of Terms of the District Court in the

First Judicial District...

412

18.

An Act to Reapportion the Members of the Legislative Assembly of the

Territory of Idaho, and to Fix the Time of Convening the same.

CHAP.

PAGE.

21.

An Act to Enable the Courts to Enforce the Specific Performance of

Contracts...

419

22.

An Act prescribing the Mode of Maintaining and Defending Possessory

Actions on the Public Lands in this Territory.....

421

23.

An Act in relation to the Clerk of the Supreme Court, and prescribing

his Duties

423

24.

An Act to provide for the Better Maintenance of the Indigent Sick,

Idiotic, and Insane Persons, in the Several Counties of this Terri-

tory...

425

25.

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.

426

26.

An Act to Permanently Locate the Capital of the Territory of Idaho..

427

27.

An Act to provide for the Transcribing of the Records of Owyhee

County, now on the Books of Boise County..

An Act creating the Counties of Lah-toh and Kootenai....

432

31.

An Act to Incorporate Boise City, in Boise County.......

434

32.

An Act for the Increase of Fees of Certain Officers of Alturas and

Oneida Counties...

438

33.

An Act in relation to the Construction of Bridges, Ferries, Roads, and

Trails....

An Act to Levy a Tax of One Per Cent. of the Gross Proceeds of Toll

Roads, Bridges, and Ferries, in this Territory, to Constitute a

General School Fund..

445

35.

An Act to establish a Wagon Road from Elk City, Nez Perce County,

to the Western Boundary of Montana Territory...

447

36.

37.

An Act for the Relief of the Clerks of the Code Commission.......

An Act for the Relief of Frank Kenyon..

449

450

38.

An Act to provide for the Compensation of Benjamin F. Lamkin, for

Services rendered the Territory, as Territorial Auditor.....

An Act to Compensate S. B. Dilly for Certain Printing for the Territory

by Order of William H. Wallace and the late Secretary of

Territory, W. B. Daniels.

452

40.

An Act for the Relief of John Cummins, John G. Berry, and Thos. J.

Law, for Services rendered as Probate Judges.....

453

41.

42.

An Act to Change the Name of Daniel Rothkoff to that of Daniel Roth.

An Act to Authorize David Watson, David McCollum, and Asa Moore,

to Establish a Bridge across Boise River.....

454

455

43.

An Act to Authorize J. B. McLaughlin, John Duvall, and Jonathan

Keeney, to establish a Ferry on Snake River, in Boise County..

457

44.

An Act Authorizing Charles De Lauine, A. George, and Associates, to

Establish and Maintain a Toll Road from Placerville to Pioneer

City, in Boise County...........

451