CASSIA COUNTY-EASTERN BOUNDARY.

AN ACT

TO BETTER DEFINE THE EASTERN BOUNDARY OF THE
COUNTY OF CASSI.

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

SECTION 1. That section one of an act entitled "An Act creating and organizing the County of Cassia," approved February 20, 1879, is hereby amended by strik- Section ing out the words "County of Owyhee" in said section, amended. and inserting in lieu thereof the words "Territory of Idaho"; also amend said section by inserting after the words "one hundred and thirteen degrees," where they first occur in said section, the words, "west from Greenwich."

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

Passed both houses of the Legislative Assembly and became a law, notwithstanding the Governor's objections, February 9, 1881.

CONTINGENT FUND IN CASSIA COUNTY.

AN ACT

TO CREATE A CONTINGENT FUND IN THE COUNTY OF

CASSIA.

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

SECTION 1. The board of County Commissioners of the County of Cassia are hereby authorized and empowered to set apart annually any sum not to exceed the sum

fund.

utes.

of five hundred dollars, out of any money in the county general fund for contingent expenses.

SEC. 2. The board of County Commissioners of said Order on min County shall make an order upon the minutes of said board, setting apart such sum as they may deem sufficient for each year, not exceeding the sum mentioned in section one of this act.

Surplus.

SEC. 3. The balance in said contingent fund, if any there be at the end of each year shall be covered back into the county general fund of said county.

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

Approved January 25, 1881.

CREATION OF CUSTER COUNTY.

Boundaries.

AN ACT

TO CREATE AND ORGANIZE THE COUNTY OF CUSTER.

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

SECTION 1. That all those portions of the counties of Lemhi, Alturas and whatsoever others, in this Territory, embraced and included within the following boundaries to wit: commencing at the confluence of the Pahsimeroi with the Salmon river, and running thence up the Pahsimeroi river to the mouth of Big Creek, thence up Big Creek, and on a line, from the head thereof, with the general course of said creek to the summit of the divide between the waters of the Palsimeroi and Lemhi rivers, thence south-easterly on the summit of said divide to a poin due west from the head waters of Little Lost river, thence due east to the head waters of said Little Lost river, thence down Little Lost river to the point where the trail leading to Pass Creek crosses said Little Lost river, thence in a direct line to the head of Pass Creek, thence down said Pass Creek to Big Lost river, thence along Big Lost River to the mouth of Antelope Creek, thence up Antelope Creek to the divide which separates its waters from those of Little Wood river, thence westerly along and upon the summit of the ridge of mountains. dividing the head waters of the East Fork of the Salmon

river from the waters of the Little or Big Wood river, Same.
and continuing westerly on said divide between the East
Fork of Salmon and Wood rivers, to the main Salmon
river, thence along said Salmon river to the mouth of
Fall Creek, a stream entering the Salmon river at a point
about fifteen (15) miles northerly from Sawtooth City,
thence up said Fall Creek to Pettit Lake in a right line
to the mouth of the creek entering said lake at the west
end thereof, thence up said last mentioned creek to the
summit of the Sawtooth Mountains, thence northerly
along the summit of the Sawtooth Mountains to the ter-
mination thereof, near what is known as the Cape Horn
Cabin, thence from the end of the said Sawtooth Range, on
a due west line, to the stream called Marsh Creek, and
along and with Cape Horn Creek, to its entrance into the
Middle Fork of the Salmon river, thence on and with the
divide which separates the waters flowing into the
Middle Fork of the Salmon from those flowing into the
main Salmon through Stanley Basin, and alond and upon
the divide between the waters of Loon Creek and Deep
Creek on the north, and the waters of Yankee Fork on
the south, and following such divide easterly around the
head of Panther Creek to the divide between Hat Creek
and Ellis Creek, thence on the divide between Hat Creek
and Ellis Creek in an easterly direction to the Salmon
river, thence up the said Salmon river to the place of
commencement, be and the same are hereby constituted
into a county to be called the County of Custer, the same
to be organized temporarily and permanently as herein-
after provided and directed.

missi sap

SEC. 2. That James M. Shoup, of Challis, J. S. P. Robinson, of the place known as Custer City, and Enos Watson, of the place known as Bonanza City, are hereby appointed County Commissioners for said county of County comCuster, who shall hold their respective offices from the pointed. time of qualitying as such, until their successors are elected and shall qualify, as hereinafter provided by this act: Provided, that if a majority only of the Commissioners elected at the special election hereinafter mentioned appear and qualify at the first meeting of the Board of Commissioners elected thereat, then such majority shall enter upon the d scharge of the.r duties, and may proceed at any time to file the place of the person so failing to appear and qualify.

sioners to take

SEC. 3. The Commissioners herein above appointed Commis shall take the usual oath of office, and file the same with bath. their clerk, and they, or a majority of them, shall enter

to commerce.

Duties, when upon the discharge of the duties of office and of the special duties herein prescribed on the first Monday in April in the year one thousand eight hundred and eighty

Where to meet.

one.

SEC. 4. Said Commissioners shall meet at Challis on the first Monday of April, A. D. 1881, and shall proceed to divide the county of Custer into proper and convenPrecincts and ient election precincts andappoint the judges of election therein, for the special election hereinafter mentioned.

judges.

Special elec

tion when to be held.

How conduc

ted.

Board of can

vassers.

Notice of special elec tion.

Commis

sioners elected, when and

where to meet, etc.

Meetings.

County officers to ap

SEC. 5. A special election shall be held in the said County of Custer, on the third Monday in June, A. D. 1881, for the election of all county officers required by law to be elected in the several counties of this Territory, including a Board of Commissioners for the same. Such special election shall be conducted in the manner, and be governed by the laws relating to general elections. The said above named Commissioners shall meet at Challis, on the tenth day after said election, and act as a board of canvassers, declare the result of said election (including the vote on the question of fixing the county seat of said county,) and cause certificates to issue as required by law. Said board shall cause due notice to be given of said special election, and shall cause the same to be published for a reasonable time in any newspaper which may then be printed in said county.

SEC. 6. The Board of Commissioners above herein designated, shall hold a meeting at Challis, on the first Saturday in July, A. D. 1881, when the Commissioners elected at said special election shall appear and qualify, and enter upon the discharge of their official duties. Thereafter the County Commissioners of said county shall hold their meetings, regular and special, according to the general laws governing the same; Provided, that when the regular day for meeting shall occur on a day established as a holiday, then they shall meet on the day next after said holiday.

SEC. 7. On the first day of the meeting of the Board of County Commissioners, elected under this act, or before the adjournment of the session for July, A. Dl 1881, the officers elected for said County of Custer shalpear and qual- appear and file their bonds, and upon the approval there. of shall be sworn into office, and they and all other county and precinct officers shall continue to hold their respective offices until the first Monday in January, A. D. 1883, and until their successors are elected and qualified.

SEC. 8. It shall be the duty of the County Commissioners herein designated, immediately upon organizing

sioners to ap‐

pore county

their board, to proceed to the election or appointment of such pro tempore county officers for said County of CommisCuster, as are provided for the other counties of this Ter- point pro temritory; and also to appoint precinct officers in such parts and precinct of the said county as are not included in existing pre- officers. cincts; Provided, that the successors to such precinct officers shall be elected at the special election herein required; and, provided further, that the precinct officers elected at the general election held in the year 1880, in any part of said county, and who shall have qualified, shall be entitled to hold their respective places for the term for which they were chosen at said general election. SEC. 9. At the said special election herein provided for, the question of the permanent location of the county Location of seat of the county hereby created, shall be submitted to, and be voted upon, by the qualified voters therein. The words, "For County Seat" shall be written or printed on the ballot, and the town or place desired by the voter shall be designated opposite or under the words above mentioned and required.

county seat.

vote for county

SEC. 10. In canvassing the vote on the location of the Canvass of county seat, ballots shall not be rejected because of any seat. error in orthography, or informality therein, if it can be clearly ascertained from the ballot what was intended by the voter; but where two or more ballots are folded together, they shall not be counted, and upon the canvass of the vote by the board of County Commissioners the the town or place receiving the highest number of legal votes, shall and is hereby established as the permanent county seat of said Custer County. In case no choice is made at said election, the commissioners shall fix temporarily the county seat, and the question shall be again voted upon at the first general election thereafter.

SEC. 11. From and after the temporary organization of said Custer County, the same shall be exclusively subject of the government therefor, herein provided, and Government. exempt from the jurisdiction, interference or control of any officer of Lemhi County, or other county of this Territory; and all public offenses committed after the said temporary organization thereof, within the boundaries of said Custer County, and all persons charged with the commission thereof, shall be amenable to the process of said county, and shall be prosecuted and tried in the said County of Custer.

at

Part of 2nd attorney dis

SEC. 12. The said County of Custer is hereby tached to, and made a part of the second district attor- trict. nev district of this Territory.