Territorial prison.

Working of prisoners.

Proceeds of labor.

Contract for keeping.

ments.

conducted by the United States, in the County of Ada, in this Territory, is hereby declared to be the general penitentiary and Territorial Prison of the Territory of Idaho, wherein shall be confined for reformation and punishment, and employed at hard labor, all offenders who have been or shall hereafter be convicted and sentenced according to law to imprisonment in the Territorial Prison; and all persons convicted of crime against the laws of this Territory and sentenced to confinement in the Territorial Prison, shall be sentenced to hard labor during the term of their confinement, and shall perform such labor under such rules and regulations as inay be prescribed by the Governor of the Territory, the United States Marshal and the Territorial Treasurer; and they may make regulations for working prisoners outside of the prison walls between sunrise and sunset; Provided, that the safe keeping of the prisoners shall not be endangered thereby, and they shall be returned within the prison walls before sunset; and the Territory shall not be liable for any additional expense for guards, and the net proceeds of the labor of Territorial prisoners shall be credited to the Territory in the monthly accounts for keeping the prisoners.

SEC. 2. The Governor and Treasurer may contract and arrange, on the part of the Territory, to and with the United States, for the reception and keeping of all Territorial prisoners; Provided, that any subsisting contract or arrangement shall not be affected by this act.

SEC. 3. At the close of each month the Governor shall certify to the Territorial Controller the sum due the United States in lawful money, for the keeping, boarding, clothing, washing and medical attendance of Monthly settle the Territorial prisoners, for such month, and if there be sufficient money in the Territorial Treasury, not required for the payment of the principal or interest of the bonded debt of the Territory, the Controller shall upon such certificate of the Governor, draw his warrant upon the Territorial Treasury in favor of the United States Marshal for the amount so certified, and the Treasurer shall pay the same; but if there be not sufficient money in the Treasury applicable thereto, the Controller shall shall advertise in some newspaper published at the capital of the Territory, that sealed proposals for Territorial warrants, for the amount due the United States, in lawful money, for keeping Territorial prisoners, will be received by him until twelve o'clock noon of a day named, which shall not be less than five days from the first pub

Issue of warrants for keeping of prisoners.

lication of said notice; and the controller shall, at the same.
time named, open said bids in a public manner, in the
presence of the Territorial treasurer, and they may
reject any or all of said bids and re-advertise if they
consider the bids too low; otherwise the controller shall
draw his warrant upon the treasury in favor of the per-
son making the highest bid, and deliver said warrant to
the highest bidder on reciept of the money therefor, and
he shall pay said money to the United States Marshal
upon his receipting his account.

SEC. 4. The act of the Legislature entitled "An Act to provide for the imprisonment of Territorial prisoners, in county jails in certain cases," approved January 8th, 1877, is not affected by this act, but all persons sentenced to imprisonment in the Territorial prison, shall, unless retained in the county jails as provided by said act, be delivered by the sheriff of the proper county, or his deputy, to the person in charge of said prison, and the officers delivering such prisoners shall receive the following compensation, and no more, for such services, to- livery of pris

wit:

Fees for de

For conveying, guarding and boarding one prison- oners, er, fifty cents per mile, one way, for each mile actually and necessarily traveled, and for each additional prisoner twenty cents per mile; and it shall be the duty of the Governor, controller and treasurer, or any two of them, to andit said accounts, and the controller shall draw his warrant upon the Territorial treasury for the amount and deliver the same to the officer entitled thereto, and the treasurer shall pay the same.

SEC. 5. An act entitled "An Act to provide for the Acts repealed. keeping and accommodation of Territorial prisoners," approved January 13, 1871, and the act supplementary to said act, approved February 21, 1879, and the Acts amendatory of said acts, and all acts and parts of acts in conflict with this act are hereby repealed.

SEC. 6. This act shall take effect and be in force from and after its passage.

Approved February 10, 1881.

20

ENCLOSURES AND TRESPASSING OF
ANIMALS.

Wire fences.

Boards on poles above wire fences.

Inside crossfences.

Building of wire fences.

Neglect of the provisions of this act.

AN ACT

SUPPLEMENTARY TO AN ACT ENTITLED, "AN ACT REGU-
LATING ENCLOSURES, AND TO PREVENT THE TRES-
PASSING OF ANIMALS," APPROVED JANUARY 10,
1867

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

SECTION 1. All persons who may be the owners of barbed or other wire fences, shall, before the 1st day of July, A. D, 1881, place or cause to be placed and to keep in place thereafter, above the top wire, and not less than four feet from the ground, a board, rail, pole or block-wire the whole length of such fence; Provided, that in case a rail or pole be placed on top of said fence, such rail or pole shall average not less than three inches in diameter; and in case a board be placed on top of said fence, such board shall not measure less than six (6) inches in width, nor less than one and one-fourth inches in thickness; Provided, further, that each and every wire belonging to any wire fence shall be kept securely fastened to each and every post belonging thereto; Provided, further, that the provisions of this act shall not apply to inside cross-fences that a person or persons may have on their premises.

SEC. 2. That all persons who may, after the passage of this act, build any barbed or other wire fence, shall, at the time of building the same, place or cause to be placed, and keep in place thereafter, the board, rail, pole or block-wire, as described in the preceding section.

SEC. 3. Any person or persons who shall neglect or refuse to comply with the provisions of this act, shall be held liable to the owner or owners of any live stock for any damages occasioned by such fence; and any person or persons so neglecting or refusing shall be deemed

guilty of a misdemeanor for each and every thirty days Same.
such person or persons so neglect or refuse, and upon
conviction, shall be fined in any sum not less than ten,
or more than fifty dollars, which fine shall be collected
as other fines are collected, and paid into the county
treasury for the benefit of the school fund of the county
in which said fine is collected.

SEC. 4. This act shall take effect and be in force from and after its passage.

Approved February 4, 1881.

CHATTEL MORTGAGES.

AN ACT

SUPPLEMENTARY TO AN ACT ENTITLED "AN ACT CON-
CERNING CHATTEL MORTGAGES," APPROVED JAN-
UARY 12, 1875.

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

SECTION 1. There is hereby added to the act to which this act is supplementary, a section eighth, to read as follows:

66

posal of mort

SEC. 8. If the mortgagor of any property mortgaged Penalt: for disin pursuance of the provisions of this act, shall, while gaged property such mortgage remains unsatisfied in whole or in part, willfully remove from the county or counties where the mortgage is recorded," destroy, conceal, sell, or in any manner dispose of the property mortgaged, or any part thereof, without the written consent of the holder of such mortgage, he shall be deemed guilty of larceny, and upon conviction shall be punished accordingly; and any such sale or transfer shall be void.

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

Approved February 9, 1881.

INSURANCE COMPANIES.

Tax on resident agents.

Tax on nonresident agents.

Fine for doing business without a license.

Acts repealed.

AN ACT

RELATING TO INSURANCE COMPANIES.

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

SECTION 1. There shall be levied and collected on insurance agents a tax as follows:

First. The resident agent of each and every life insurance company not incorporated under the laws of this Territory, and transacting an insurance business therein, shall pay a tax of 5 per cent. on the gross amount of premiums received by him, said tax to be paid quarterly to the county treasurer, which shall constitue a part of the Territorial school fund.

Second. Every person who is not bona fi lely [bonâ fide] a resident of this Territory, transacting business therein for any insurance company not organized under the laws of this Territory, shall, before engaging in said business, pay a quarterly license of one hundred dollars, payable to the county treasurer, which shall constitute a part of the Territorial school fund.

SEC. 2. Any person or persons, agent or agents of any such company or corporation, who shall transact an insurance business without complying with the requirements of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof before any justice of the peace or court having jurisdiction thereof, shall be fined for each and every offense the sum of one hundred dollars, or be imprisoned in the county jail of the county where such offense is committed, for a term not exceeding six months.

SEC. 3. The following acts are hereby repealed, to-wit: An act entitled "An Act relating to Insurance Companies," approved January 10, 1871, and an act amendatory thereto, approved January 8, 1875.

SEC. 4. This act to take effect and be in force from and after its approval by the Governor.

Approved January 22, 1881.