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Same.

Any person

who prefers it

affirm.

usual form of administration, which, in his opinion, is more solemn or obligatory, the Court may, in its discretion, adopt that mode.

SEC. 995. When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremonies of his religion, if there be any such.

SEC. 996. Any person who desires it may, at his may declare or option, instead of taking an oath make his solemn affirmation or declaration, by assenting, when addressed, in the following form: "You do solemnly affirm (or declare) that," etc., as in Section 993.

PROCEEDINGS IN CRIMINAL CASES.

AN ACT

TO AMEND AN ACT ENTITLED AN ACT TO REGULATE
PROCEEDINGS IN CRIMINAL CASES IN THE.COURTS

OF JUSTICE IN THE TERRITORY OF IDAHO.
PROVED JANUARY 14, 1875.

AP

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

SEC. 1. Sections one hundred and ninety-three, sections one hundred and ninety-four, one hundred and ninety- repealed. five, one hundred and ninety-six, one hundred and ninety-seven, one hundred and ninety-eight, one hundred and ninety-nine and two hundred of said act are hereby repealed.

SEC. 2. Subdivision eight of section three hun-section dred and thirty-nine of said act is hereby amended so as amended. to read as follows:

Eighth-Having formed or expressed an unqualified opinion or belief, that the defendant is guilty or not guilty of the offense charged.

SEC. 3. Section three hundred and fifty-six of said act is hereby amended so as to read as follows:

If the indictment is for an offense punishable with Indictment. death, two counsel on each side may argue the cause to the jury: If it is for another offense the Court may, in its discretion, restrict the argument to one counsel on each side.

SEC. 4. Section three hundred and seventy-seven of said act is hereby amended so as to read as follows: The jury sworn to try an indictment for any offense, Jury. except murder, may at any time during the trial, before the submission of the cause, in the discretion of the Court, be permitted to separate, or they may be kept together, in charge of a proper officer. In case the Court orders the jury to be kept together, the Sheriff

Same.

Fines and forfeitures.

Judgment.

must provide a suitable place for the board and lodging of the jury, at the expense of the county, and at each recess and adjournment, the officer must be sworn to keep the jury together until the next meeting of the Court; to suffer no person to speak to or communicate with them, or either of them, nor to do so himself, on any subject connected with the trial, and to return them into Court at the next meeting thereof. In all trials for murder, the jury must be kept together.

SEC. 5. Section six hundred and sixty-five of said act is hereby amended so as to read as follows:

Except in cases wherein it is otherwise expressly authorized by law, all fines and forfeitures collected in any Court must, without any deduction of costs, be paid into the County Treasury of the County in which the Court is held.

SEC. 6. Section six hundred and seventy-five of said act is hereby amended so as to read as follows:

When a judgment is rendered in any Court imposing a fine, the judgment shall also be that the defendant pay the costs of the suit, which costs shall be taxed and collected in like manner as costs in a civil action are taxed and collected.

SEC. 7. This act to take effect and be in force from and after 12 o'clock M., May 21st, A. D. 1881. Approved January 22, 1881.

CRIMINAL PRACTICE.

AN ACT

TO AMEND SECTION FIVE HUNDRED AND THIRTY-NINE
OF AN ACT ENTITED "AN ACT TO REGULATE PRO-
CEEDINGS IN CRIMINAL CASES IN THE COURTS OF
JUSTICE IN THE TERRITORY OF IDAHO." APPROV-
ED JANUARY 14, 1875.

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

SECTION 1. Section five hundred and thirty-nine of said act is amended to read as follows:

SEC. 539. When a person shall attend before a grand

witnesses.

jury, or the District Court, as a witness on behalf of the Mileage of people, upon a subpoena, or in pursuance of a recogniz ance, such person shall receive the sum of twenty-five cents a mile one way for each mile actually traveled, but no person shall receive more than one mileage under this section, at one term of the District Court; and such person shall also receive one dollar per day for each Per diem of day's actual attendance as such witness. Such mileage and per diem shall be paid out of the County Treasury Payment of the county where such District Court is held, upon the certificate of the Clerk of said Court.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved February 10th, 1881.

witnesses.

CRIMES AND PUNISHMENTS.

AN ACТ

TO AMEND AN ACT ENTITLED "AN ACT CONCERNING CRIMES AND PUNISHMENTS." APPROVED JANUARY 14, 1875.

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

SECTION 1. That section 68 of the above entitled act be amended so as to read as follows:

brand on cattle,

alty for.

SEC. 68. Every person, who shall mark or brand, Defacement of alter or deface the mark or brand of any horse, mare, colt, etc., and perr jack. jennie, mule, or any one or more head of neat cattle or sheep, goat, hog, shoat, or pig, not his or her own property, but belonging to some other person, or cause the same to be done, with intent thereby to steal the same, or to prevent identification thereof by the true owner, shall, on conviction thereof, be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

SEC. 2. This act to take effect and be in force from and after its passage.

Approved Feb. 9, 1881.

REVENUE-COUNTY AND TERRITO

RIAL.

Amendment to
Sec. 1.

AN ACT

TO AMEND AN ACT ENTITLED, “AN ACT TO PROVIDE A
UNIFORM SYSTEM OF TERRITORIAL AND COUNTY
REVENUE, AND FOR THE ASSESSING AND COLLECT-
ING THE SAME." APPROVED JANUARY 15, 1875.

'Be it enacted by the Legislative Assembly of the Terri-
tory of Idaho, as follows:

SECTION 1. That section one of said act be amended so as to read as follows:

SEC. 1. An annual ad valorem tax of forty cents upon each one hundred dollars value of taxable property for Territorial purposes, upon the assessed value of all property in this Territory, not by said act exempted from taxation, is hereby levied and directed to be collected and paid; and upon the same property the Board of County Commissioners of each County is also hereby authorized and empowered to levy and collect annually, a tax for County expenditures not exceeding one hundred and fifty cents on each one hundred dollars of taxable property; and upon the same property the Board of County Commissioners of each County of this Territory, is also hereby authorized and empowered to levy and collect annually, if they deem necessary, a tax of twentyfive cents on each one hundred dollars taxable property, not by said act exempted from taxation, to be expended for the repair and construction of bridges within the County, as the Board of County Commissioners may order and direct: and upon the same property the Board of County Commissioners of each County is also hereby authorized and empowered to levy and collect annually, such additional and special taxes as the laws of this Territory may authorize and require them to levy and colleet; Provided, however, that whenever the Board of

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