CHAPTER 28 AN ACT AUTHORIZING AN ADDITIONAL DISTRICT JUDGE FOR THE EIGHTH JUDICIAL DISTRICT, AUTHORIZING THE APPOINTMENT BY THE GOVERNOR OF THE SAID ADDITIONAL JUDGE TO HOLD OFFICE UNTIL THE NEXT GENERAL ELECTION FOR DISTRICT JUDGES, AND PROVIDING FOR THE FIXING OF THE TERMS OF COURT IN SAID DISTRICT, RELATING TO THE JURISDICTION OF THE RESPECTIVE JUDGES OF SAID DISTRICT AND THE HOLDING OF TERMS OF COURT THEREIN, REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That an additional District Judge is hereby created and authorized for the Eighth Judicial District. SEC. 2. That the Governor shall, upon the passage and approval of this Act, appoint such additional District Judge for the Eighth Judicial District to hold office until the next general election for District Judges and until his successor is elected and qualified, and said Judge shall receive the salary and perform the duties of a District Judge for said District. SEC. 3. The senior judge, in point of continuous service in said Eighth Judicial District, is hereby empowered to refix the terms of the District Court in the said Eighth Judicial District for the year 1911, and thereafter they shall be fixed as provided by law. SEC. 4. The jurisdiction of the respective judges of said district shall be equal and co-extensive with the boundaries of the district and to the same extent as in the case of judges of other districts of this State, and the terms of Court in the counties of said district may be so arranged that one or more Courts shall be in session at the same time. SEC. 5. All Acts or parts of Acts in conflict herewith are hereby repealed. SEC. 6. An emergency existing therefor which is hereby declared, this Act shall take effect and be in force from and after its passage and approval. Approved March 1st, 1911. CHAPTER 29 TO AMEND SECTION 4145 OF THE REVISED CODES OF IDAHO, AS AMENDED BY AN ACT OF THE LEGISLATURE OF 1909. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That Section 4145 of the Revised Codes of Idaho as amended by an Act of the Legislature of 1909 be, and the same is, hereby amended to read as follows: Section 4145. When the person on whom the service is to be made resides outside of the State; or has departed from the State; or cannot after due diligence be found within the State; or conceals himself therein to avoid the service of summons; or is a foreign corporation having no managing or business agent, cashier or secretary within this State, and the fact appears by affidavit to the satisfaction of the court in which the suit is pending, or to the judge or to the clerk thereof in vacation, and it also appears by the verified complaint on file that a cause of action exists against the defendant in respect to whom the service is to be made, and that he is a necessary or proper party to the action, such court or judge or the clerk in vacation of the court, may make an order for the publication of the summons, or, if the address of the defendant outside of the State is known, may make an order that personal service of the summons may be made outside the State in lieu of such publication, and an affidavit setting forth in ordinary and concise language any of the grounds as above set forth, upon which the publication of the summons is asked for, shall be sufficient without setting forth or showing what efforts have been made or what diligence has been exerted, in attempting to find the defendant. SEC. 2. Whereas, an emergency exists, this Act shall take effect and be in force from and after its passage and approval. Approved March 3, 1911. CHAPTER 30 TO AMEND SECTION 2315 OF THE REVISED CODES OF IDAHO SO AS TO AUTHORIZE CITIES AND INCORPORATED TOWNS TO ISSUE BONDS FOR THE CONSTRUCTION, OR IN AID OF CONSTRUCTION, OF BRIDGES ACROSS STREAMS WITHIN, OR CONTIGUOUS TO, OR WITHIN ONE MILE OF THE EXTERIOR LIMITS OF SAID CITIES OR TOWNS AND DECLARING AN EMERGENCY. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That Section 2315 of the Revised Codes of Idaho be amended to read as follows: Section 2315. Every city or town incorporated under the laws of the Territory of Idaho or of the State of Idaho shall have power and authority to issue municipal coupon bonds not to exceed at any time, in the aggregate, Fifteen per cent (15%) of the real estate value of said city or town, according to the assessment of the preceding year for any or all of the following purposes: 1. To provide for the construction and maintenance of necessary water works and supplying the same with water, and to provide lights for streets, public buildings and grounds. 2. To provide for the laying, constructing, equipment and maintenance of sewers and drains. 3. To provide for the grading, paving, constructing and laying out of streets and alleys, and the construction or aid in construction of bridges across streams within or contiguous to or within one (1) mile of the exterior limits of said city or town. 4. To provide for the funding, refunding, purchase and redemption of the outstanding indebtedness of such city or town. 5. To provide for the establishment and maintenance of hospitals, pest houses and cemeteries either within or without the corporate limits of such city or town. 6. To provide for the purchase, improvement, equipment and maintenance of lands for the use of public parks, either within or without the corporate limits of such city or town. 7. To provide for the purchase, erection, construction and furnishing of public buildings and building sites for the use of such city or town. 8. To provide for the establishment, equipment and maintenance of a fire department and for the purchase of suitable and necessary apparatus and buildings and building sites for the use thereof and for all other necessary public improvements. Bonds may be issued under the 4th subdivision of this Section for the purpose of funding, refunding, purchase or redemption of the outstanding indebtedness of any such city or town, when the same can be done to the profit and benefit of such city or town, and without incurring any additional liability without the submission of the question of the issuance of such bonds to the electors of the city or town. SEC. 2. An emergency existing therefor, this Act shall take effect from and after its passage and approval by the Governor. Approved March 3, 1911. CHAPTER 31 AN ACT TO CREATE AND ORGANIZE THE COUNTY OF ADAMS AND TO DEFINE THE BOUNDARIES THEREOF; TO FIX THE COUNTY SEAT THEREOF TEMPORARILY; TO PROVIDE FOR THE APPOINTMENT OF OFFICERS, FOR THE TRANSCRIPTION OF THAT PORTION OF THE RECORDS OF WASHINGTON COUNTY EMBRACED WITHIN SAID ADAMS COUNTY HEREBY CREATED; TO CONSTITUTE THE COUNTY OF ADAMS A PART OF THE SEVENTH JUDICIAL DISTRICT AND A PART OF THE TWENTYSECOND SENATORIAL DISTRICT OF THE STATE OF IDAHO, AND FOR OTHER PURPOSES AND DECLARING AN EMERGENCY THEREFOR. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That there shall be and there is hereby created and formed out of the northern part of Washington County in the State of Idaho, a new County, to be called Adams County, to be organized as hereinafter provided. SEC. 2. All that portion of the present County of Washington, State of Idaho, included within the following boundaries, to-wit: Beginning at a point on the boundary line between the States of Idaho and Oregon, the same being the middle of the center channel of Snake River, 3960 feet in a southwesterly direction from the mouth of Wildhorse River; and running thence south and in a southeasterly direction fifteen and one-half (152) miles to a point onehalf mile east of the west quarter corner, Section Six (6), Township Seventeen (17) North, Range Two (2) West; thence south about twelve (12) miles to the intersection of said line with Cow Creek; thence southeast down the center line of Cow Creek to its confluence with the Weiser River; thence south across the Weiser River to a point Five Hundred (500) feet east of the north quarter corner of Section Twenty-nine (29), Township Fifteen (15) North, Range Two (2) West, Boise Meridian; thence east about three and three-quarter (334) miles to a point 1320 feet east of the northwest corner of Section Twenty-five (25), said township and range; thence south eight and onehalf (812) miles to a point 1320 feet east of the west quarter corner of Section One (1), Township Thirteen (13) North, Range Two (2) West; thence in a southeasterly direction Six and one-half (612) miles to a point 1320 feet south and 1320 feet east of the west quarter corner of Section Twenty-four (24), Township Thirteen (13) North, Range One (1) West, Boise Meridian; thence due east to the county boundary line between Washington and Boise Counties; thence in a northerly direction along the present boundary line between said Washington and Boise and Idaho Counties, to the northeast corner of Washington County; thence due west along the said northern boundary of Washington County and southern boundary of Idaho County to the middle of the center channel of Snake River, the same being the boundary line between the States of Idaho and Oregon; thence in a southerly direction following said boundary line between said States of Idaho and Oregon to the point of beginning; shall be and the same is hereby created into the County named and to be known as the County of Adams, and to be organized as herein provided. SEC. 3. All that portion of Washington County within the State of Idaho, not embraced within the boundaries of the County of Adams, as defined in Section Two (2) of this Act, shall remain and constitute the County of Washington. SEC. 4. The Governor of the State of Idaho is hereby authorized and directed forthwith when this Act becomes effective, to appoint for the County of Adams the following officers, to-wit: Three (3) county commissioners; one (1) sheriff; one (1) clerk of the district court, who shall be ex-officio auditor and recorder and clerk of the board of county commissioners; one (1) county treasurer, who shall be ex-officio public administrator; one (1) county assessor, who shall be ex-officio tax collector; one (1) coroner; one (1) surveyor; one (1) probate judge; one (1) superintendent of public instruction and one (1) prosecuting attorney, of whom the recorder shall first qualify, and the other officers so appointed shall immediately thereafter qualify in the manner now provided for by law, and enter upon the discharge of their respective duties. The officers so appointed shall hold their respective offices and discharge the duties thereof until their successors are elected, as is, or hereafter may be, provided by law. And the territory of said Adams County for judicial purposes and the enforcement of laws against crime, shall be deemed to belong to the territory of the County of Washington, until the offi |