personal property of Lincoln County aforesaid, except such as is herein valued, and the amount of the indebtedness both bonded and floating and the proportionate share thereof to be paid by each County respectively, and shall make in duplicate a certificate over their signature showing the same together with a statement of the amount to be paid by each County respectively, and shall file a copy of the same with the Clerk of the Board of County Commissioners of their respective Counties; and such appraisal, report and apportionment, when so made and filed as aforesaid, shall be final and binding upon each and both of the said Counties of Lincoln and Minidoka; Provided, however, if the said appraisers cannot agree as to the value of said real and personal property, moneys, credits and taxes aforesaid, or the amount of the floating or bonded indebtedness, or the amount or amounts to be paid by either or both of the said Counties, or the proportion to be paid by either of the said Counties, or the proportion of the moneys, credits or taxes to which each of the same Counties is entitled, if there be a surplus after paying the floating indebtedness as aforesaid, upon application of either or both of said appraisers, the Governor of the State of Idaho is hereby authorized and empowered to appoint some competent person, who is not a resident taxpayer or property owner in either Minidoka or Lincoln Counties, who shall, after taking the oath aforesaid, act with the said appraisers so appointed as aforesaid, and a concurrence of a majority of said board of three so constituted as aforesaid, when filed as above provided, shall have the same force and effect, and shall be as final and decisive as though made by the appraisers originally designated as aforesaid.

Such appraisers so appointed as aforesaid, shall be paid a reasonable compensation for their services rendered, to be audited, allowed and paid by their respective Counties. And in case a third appraiser be appointed as herein provided, his compensation shall be audited, allowed and paid by the Board of County Commissioners of said Counties equally.

SEC. 8. All moneys and funds in the hands of the County Treasurer of Lincoln County, or of any other County officer, at the time of the creation of Minidoka County as herein provided, belonging to any school district, road district, city or village or other municipality wholly located within the County of Minidoka, shall not be taken into consideration in making the appraisement provided for hereinbefore, but the same shall be paid over to the Treasurer of the

County of Minidoka, to the credit of such school district, road district, village, city, or other municipality, within thirty days after the creation of Minidoka County; and all moneys coming thereafter into the hands of the County Treasurer of Lincoln County from delinquent and unpaid taxes levied prior to the creation of Minidoka County, or from any other source, belonging to any school district, road district, village, city or other municipality wholly within the County of Minidoka, shall immediately be paid to the Treasurer of Minidoka County to the credit and for the benefit of such school district, road district, village, city or municipality.

SEC. 9. The creation of Minidoka County as hereinbefore provided, shall not affect the collection of any delinquent or unpaid taxes, levied before the creation of Minidoka County, upon any property, real or personal, within its limits, either for the current expenses of Lincoln County or for any other purpose, or for any school district, road district, village, city or other municipality lying within its territory, but all such unpaid and delinquent taxes shall be collected by Lincoln County, and when so collected shall, if wholly belonging to the County of Lincoln, had Minidoka County not been created and had remained and continued a part of Lincoln County, be apportioned and divided in the proportion hereinbefore provided for the division of moneys and credits on hand, and upon the collection and receipt of such moneys by the treasurer of Lincoln County, the proportion thereof apportioned and belonging to Minidoka County, shall be by him immediately paid over to the treasurer of Minidoka County for the benefit and to the credit of said County; and any and all moneys belonging to any school district, road district, village, city or other municipality within the County of Minidoka, shall at once, without division thereof be, by the said Treasurer of Lincoln County, paid to the Treasurer of Minidoka County to the credit of such school district, road district, village, city or other municipality.

SEC. 10. The County Commissioners of Minidoka County shall make provision for the payment of the bonded indebtness apportioned to it, by levy and taxation at the times fixed by law for so doing, and in the same manner as the County Commissioners of Lincoln County could or should have done had Minidoka County not have been created; and such tax when levied and collected by the officers of Minidoka County shall immediately be paid by the tax collector of Minidoka County to the Treasurer of Lincoln County,

who shall issue to him a proper receipt therefor, and such moneys shall be by the Treasurer of Lincoln County applied to the payment of the indebtedness for which it was levied and collected by Minidoka County.

SEC. 11. The County Commissioners of Minidoka County shall, at the first meeting held by them after the establishment of Minidoka County, employ some competent person who shall, as soon as possible, faithfully, fully and truly transcribe in suitable books to be furnished by the County, all matters of record pertaining to persons or property within Minidoka County now of record in the official records of Lincoln County which should be of record in the County of Minidoka; and such records, when so transcribed, shall be by the person transcribing the same, delivered to the proper officers of Minidoka County, together with an affidavit of the person so employed to transcribe the same, that the transcription is a true, full, complete and correct copy of the original records of Lincoln County, pertaining to the things therein mentioned. And such records when so transcribed and delivered as aforesaid shall be the official public records of Minidoka County of all property, real and personal, to which they refer, and in all instances, particulars and circumstances, have the same force, effect and validity as the original records.

The County Commissioners of Minidoka County shall audit the charges for such transcribing, and pay the same as in the case of other proper charges against the County. SEC. 12. The County of Minidoka, until otherwise apportioned, shall be a part of the Seventeenth Senatorial District of Idaho.

SEC. 13. The County of Minidoka shall be a part of the Fourth Judicial District of the State of Idaho, and the terms of the District Court of said County shall be fixed by the District Judge of said district in the manner provided by law for the fixing of terms of district court in this State.

SEC. 14. All actions, prosecutions and legal proceedings which shall be pending in the District Court of the Fourth Judicial District, in and for the County of Lincoln, after the establishment of Minidoka County, which shall affect persons or property within the County of Minidoka, shall be prosecuted and maintained in Minidoka County, and all further proceedings had therein shall be had in Minidoka County; and upon the application of any person interested in such actions, suits or prosecutions pending in the District Court of the Fourth Judicial District of Idaho, in and for Lincoln County, showing that the said suit affects per

sons or property within Minidoka County, and that the same is such action, suit or prosecution as might have been instituted in Minidoka County had Minidoka County been in existence at the commencement thereof, the judge to whom the application is directed, shall order the Clerk of the District Court of Lincoln County to immediately transmit the original files in such action to the Clerk of the District Court of Minidoka County, together with a certified copy of the order, minute or docket entry made in reference thereto in Lincoln County, and the Clerk of the District Court of the Fourth Judicial District of Idaho, in and for the County of Minidoka, shall docket the same, without additional charge, as though it had been originally filed in Minidoka County.

SEC. 15. All actions, prosecutions and legal proceedings which shall be pending in the Probate Court of Lincoln County, after the establishment of Minidoka County, which shall affect persons or property within Minidoka County, shall thereafter be conducted, and all further proceedings therein shall be had in Minidoka County. And the Probate Judge of Lincoln County shall, upon the application of any interested party, showing that the action, prosecution or legal proceedings affects persons or property within Minidoka county, and that the same is such action, prosecution or legal proceedings as should or might have been brought in Minidoka County had Minidoka County been in existence at the time of the filing thereof, immediately transmit the original files in such action, together with a certified copy of such docket, minute or other entries as may have been made concerning the same, to the Probate Judge of Minidoka County, who shall docket the same without additional charge, and all further proceedings had therein shall be had in Minidoka County, as if the action, prosecution or legal proceeding had originally been there instituted.

SEC. 16. All organized school districts, road districts, cities, villages and other municipalities, the whole of which are included in the territory of Minidoka County as herein created, shall continue to be organized school districts, road districts, cities, villages or municipalities, as the case may be, and as such be and become a part of Minidoka County, and the officers thereof, including all precinct officers, shall continue to be such until their successors are elected or appointed and qualified, as the case may be. In case the boundary line between the Counties of Lincoln and Minidoka shall divide any established school district, precinct or road district, all such fractions of such precincts, school districts

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or road districts, shall be deemed to be, and hereby are, declared to be unorganized territory of the Counties in which they are situated, and it shall be the duty of the County Commissioners of the Counties in which said fractions of school districts, road districts, or precincts are located and situated, to attach such parts or fractions of former school districts, road districts or precincts to such adjoining school district, road district, or precinct in their County, as they may determine to be best; and all money or property which shall belong to any school district, road district, or precinct which shall be thus divided by said County boundary line, as well as the bonded and floating indebtedness of such district, shall be apportioned and divided between the different parts thereof, in the manner provided in Section 7 hereof for the division of moneys, credits and property and apportionment of the debts of Lincoln and Minidoka Counties, in ratio to the assessed valuation of the respective parts of such school district, road district or precinct.

SEC. 17. All laws of the State of Idaho, of a general nature, applicable to the several Counties of this State, and the officers thereof, are hereby made applicable to the County of Minidoka.

SEC. 18. All acts and parts of acts inconsistent with this act, are hereby repealed in so far as they conflict with the provisions of this act.

SEC. 19. Whereas an emergency exists therefor, this act shall take effect and be in force from and after its passage and approval.

Approved January 28th, 1913.

CHAPTER 4
(H. B. No. 6.)

AN ACT

TO CREATE AND ORGANIZE THE COUNTY OF GOODING IN THE STATE OF IDAHO; TO DEFINE THE BOUNDARIES THEREOF; TO CLASSIFY THE SAID COUNTY; LOCATE THE TEMPORARY COUNTY SEAT THEREOF; TO PROVIDE FOR THE APPOINTMENT OF COUNTY OFFICERS IN AND FOR THE SAID GOODING COUNTY; TO PROVIDE FOR THE APPORTIONMENT OF THE INDEBTEDNESS OF SAID LINCOLN COUNTY BETWEEN THE COUNTIES OF LINCOLN AND GOODING, AND FOR THE PAYMENT OF THE SAME; TO PROVIDE FOR THE DIVISION OF THE