THE STATE OF IDAHO, COVERING STREET IMPROVE- Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 2323 of Chapter 13, of Title 13, of the Political Code of the Revised Codes of the State of Idaho be, and the same is, hereby amended to read as follows: Section 2323. All incorporated cities of this State, except cities organized or incorporated under special or local laws of Idaho, in which, at the last preceding city election held prior to the filing of the petition, or the casting of the vote of the members of the city council, mentioned in Section 2328, there were cast five hundred (500) or more votes for Mayor, shall have the powers and be subject to all the provisions of this Chapter; and this Chapter shall be applicable only to all such cities organized or incorporated under general laws of this State, and shall not be applicable to incorporated cities organized or incorporated under special or local laws of Idaho. SEC. 2. Whereas, an emergency exists, this Act shall take effect and be in force from and after its passage and approval. Approved February 14, 1911. CHAPTER 13 TO AMEND SECTION 5713 OF THE CODE OF CIVIL PROCEDURE OF IDAHO, AND DECLARING AN EMERGENCY. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That Section 5713 of the Code of Civil Procedure of Idaho be and the same is hereby amended to read as follows: Sec. 5713. Upon the death of either husband or wife, one-half of all the community property shall go to the survivor, subject to the community debts, and the other half shall be subject to the testamentary disposition of the deceased husband or wife, in favor only of his, her or their children or a parent of either spouse, subject also to the community debts, provided that not more than one-half of the decedent's half of the community property may be left by will to a parent or parents. In case no such testamentary disposition shall have been made by the deceased hus band or wife of his or her half of the community property, it shall go to the survivor, subject to the community debts, the family allowance and the charges and expenses of administration: Provided, however, That no administration of the estate of the wife shall be necessary if she dies intestate. SEC. 2. An emergency existing therefor, which is hereby declared, this Act shall be in force and effect from and after its passage and approval. Approved February 15, 1911. CHAPTER 14 PROVIDING FOR THE MAKING OF FINAL PROOF ON CAREY ACT LAND ENTRIES IN CASE OF THE DEATH OF THE ENTRYMAN, AND PROVIDING THAT SUCH ENTRIES MAY BE DEVISED OR SHALL DESCEND AS OTHER REAL ESTATE. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. In all cases where lands have been entered under the provisions of Section 1626 of the Revised Codes, where entryman or his assignee has died prior to making final proof of reclamation, settlement and occupation, proof of reclamation may be made by an executor, administrator, heir or devisee, and proof of settlement may be made by such person or persons, or by an agent thereof. Any such entry may be devised or shall descend as other real estate. SEC. 2. An emergency existing, this Act shall take effect and be in force from and after its passage. Approved February 17, 1911. CHAPTER 15 AN ACT AND PROVIDE ADDI TO SUPPLEMENT, STRENGTHEN IN THE SEVERAL COUNTIES OF THIS STATE OF THE QUESTION WHETHER THE SALE OF INTOXICATING LIQUORS AS A BEVERAGE SHALL BE PROHIBITED THEREIN; TO PROVIDE FOR THE PETITIONING FOR, CALLING AND CONDUCTING OF SUCH ELECTIONS AND FOR THE CONTEST OF THE RESULT THEREOF; TO PROVIDE FOR THE REGISTRATION AND QUALIFICATION OF VOTERS AT SUCH ELECTIONS; TO PROVIDE FOR THE TERMINATION OF LICENSES FOR THE SALE OF INTOXICATING LIQUORS; TO PROVIDE FOR AND PRESCRIBE THE TERMS AND CONDITIONS OF WHICH INTOXICATING LIQUORS MAY BE SOLD FOR CERTAIN PURPOSES; TO DEFINE THE MEANING OF THE WORDS 'INTOXICATING LIQUORS'; TO CREATE PROHIBITION DISTRICTS AND DEFINE THE MEANING THEREOF; TO PROHIBIT THE EMPLOYMENT OF MINORS AND WOMEN TO SELL INTOXICATING LIQUORS AS BEVERAGES; TO DECLARE THE DUTIES OF PEACE OFFICERS AND PROSECUTING ATTORNEYS IN RELATION TO THE UNLAWFUL SALES OF INTOXICATING LIQUORS; TO FIX PENALTIES FOR THE VIOLATION OF THIS ACT AND PRESCRIBE THE PROCEDURE IN PROSECUTIONS; AND TO REPEAL ALL ACTS CONFLICTING HEREWITH: DECLARING CERTAIN PLACES AND THINGS IN PROHIBITION DISTRICTS TO BE COMMON NUISANCES, AND PRESCRIBING A PENALTY FOR MANTAINING THE SAME; PROVIDING THAT THE FINDING OF INTOXICATING LIQUORS IN CERTAIN PLACES AND STAMP SHOWING PAYMENT OF THE UNITED STATES INTERNAL REVENUE SPECIAL TAX FOR THE SALE OF DISTILLED OR MALT LIQUORS SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PLACE IS A COMMON NUISANCE; PROVIDING FOR THE ABATEMENT OF COMMON NUISANCES IN ACTIONS BY THE PROSECUTING ATTORNEY, GIVING THE COURT OR JUDGE POWER TO GRANT INJUNCTIONS, PUNISH FOR CONTEMPT, AND MAKE ORDERS FOR THE ENFORCEMENT OF SUCH INJUNCTIONS; PROVIDING FOR THE FORFEITURE OF LEASES WHERE PREMISES ARE USED AS A COMMON NUISANCE, AND MAKING THE OWNER OF PREMISES LIABLE FOR MAINTAINING THE SAME; PROVIDING FOR THE ISSUANCE OF SEARCH WARRANTS, THE EXECUTION THEREOF, AND DUTIES OF OFFICERS IN CONNECTION WITH THE SAME, THAT INTOXICATING LIQUORS SEIZED THEREUNDER MAY BE USED AS EVIDENCE UPON HEARINGS AND TRIALS, AND PROVIDING FOR THE DISPOSITION THEREOF; PROVIDING THAT THE PROSECUTING ATTORNEYS MAY CAUSE WITNESSES TO BE SUBPOENAED TO TESTIFY CONCERNING VIOLATIONS OF LAWS RELATING TO IN- Be It Enacted By the Legislature of the State of Idaho: SECTION 1. This Act is intended to supplement, strengthen and provide additional means for the enforcement of the provisions of an Act of the Tenth Session of the Legislature of the State of Idaho, approved February 20, 1909, entitled "An Act to regulate, restrict, control and prohibit the sale and handling of intoxicating liquors and to regulate the issuance of license therefor; to provide for the submission at special elections in the several counties of this State of the question whether the sale of intoxicating liquors as a beverage shall be prohibited therein; to provide for the petitioning for, calling and conducting of such elections and for the contest of the result thereof; to provide for the registration and qualification of voters at such elections; to provide for the termination of licenses for the sale of intoxicating liquors; to provide for and prescribe the terms and conditions on which intoxicating liquors may be sold for certain purposes; to define the meaning of the words 'intoxicating liquors'; to create prohibition districts and define the meaning thereof; to prohibit the employment of minors and women to sell intoxicating liquors as beverages; to declare the duties of peace officers and prosecuting attorneys in relation to the unlawful sales of intoxicating liquors; to fix penalties for the violation of this Act and prescribe the procedure in prosecutions; and to repeal all Acts conflicting herewith," and shall be so construed as to add to and not detract from the force and effect of the provisions of said Act; it being the intention hereof to leave the provisions of said Act in full force and not to amend or repeal any portion thereof except insofar as such provisions may directly conflict with the provisions herein contained. SEC. 2. All places in a prohibition district of the State of Idaho where intoxicating liquors are sold, furnished, delivered, given away, or otherwise disposed of in violation of law; or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage; or where intoxicating liquors are kept for sale, delivery or disposition in violation of law, and all intoxicating liquors, vessels, glasses, kegs, pumps, bars and other property kept in and used in maintaining such a place, are hereby declared to be common nuisances, and every person who maintains or assists in maintaining such common nuisance is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment for each offense. SEC. 3. In all prosecutions for maintaining a common nuisance in a prohibition district as herein defined, the finding of intoxicating liquors in the possession of one not having lawful authority to sell or dispose of the same, except in a private dwelling house not used in connection with a place of business or place of public resort, shall be prima facie evidence that such intoxicating liquors are kept for sale, delivery or disposition in violation of law, and, upon the trial of any person charged with maintaining or assisting in maintaining a common nuisance as herein before defined, proof of the finding of such intoxicating liquors in the possession of such person (except in the place above mentioned) shall be deemed sufficient to authorize a verdict of conviction for such offense in the absence of evidence showing that such liquors were in the possession of such person for a lawful purpose, and the finding in a place fitted up with bars or counter and glasses or other paraphernalia usually connected with places where intoxicating liquors are sold as a beverage, or in a place used for the storage of intoxicating liquors of a stamp showing the payment by any person of the United States internal revenue special tax for the sale of distilled or malt liquors at such place for a period not then expired, shall be prima facie evidence that the person or persons to whom the same was issued were, at the time of finding such special tax stamp, maintaining a common nuisance at such place. SEC. 4. The prosecuting attorney of any county where such a nuisance, as defined in Section 2 of this Act, exists, or is kept or maintained, may maintain an action in the district court of such county in the name of the State of Idaho to abate and perpetually enjoin the same. The injunction shall be granted at the commencement of the action and no bond shall be required. Any person violating |