145j. The making of any false certificate on any voucher on which money is to be paid by the state, for the purpose of securing or aiding to secure the payment of any claim not a just and proper charge against the state, is hereby declared to be a felony under the provisions of Section 6385, Revised Codes of Idaho. SEC. 4. That Section 146, Revised Codes of Idaho, as amended by Section 1 of Chapter 163, Laws of 1911 be, and the same hereby is, amended to read as follows: Sec. 146. It shall be the duty of the State Board of Examiners to examine all claims, except salaries and compensation of officers fixed by law, and except fixed appropriations for principal and interest of the public bonded debt, and except claims against the State already presented to the Board and favorably reported by it to the Legislature for passage. The Board may approve or disapprove any claim or demand against the State or, any item thereof, or may recommend a less amount in payment of the whole, or any item thereof, and a decision of a majority of the members shall stand as the decision of the Board. But no claim shall be examined, considered or acted upon by said Board, unless the State Auditor, as Secretary of the State Board of Examiners, shall have endorsed thereon the certificates required to be made by him by Section 145h, and unless receipted vouchers are therewith showing the payment of all items for which reimbursement is asked. SEC. 5. That all acts and parts of acts in conflict with this Act be, and the same hereby are repealed. SEC. 6. Whereas, an emergency exists therefor, this Act shall be in force from and after its passage and approval. Approved February 21st, 1913. CHAPTER 16 ENTITLED "AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF DRAINAGE DISTRICTS, AND THE CONSTRUCTION AND MAINTENANCE OF A SYSTEM OF DRAINAGE, AND TO PROVIDE FOR THE MEANS OF PAYMENT OF THE COSTS THEREOF, AND DECLARING AN EMERGENCY." Be It Enacted by the Legislature of the State of Idaho: SECTION 1. Any portion of a county requiring drainage or diking, or both, may be organized into a drainage district, and when so organized such district and the board of commissioners hereinafter provided for, shall have and possess the power herein conferred by law upon such district and board of commissioners, and said district shall be known and designated as "Drainage District No.. (here insert number), of the county of (here insert name of county), of the State of Idaho," and shall have the right to sue and be sued by and in the name of its board of commissioners hereinafter provided for, and shall have perpetual succession and shall adopt and use a seal. The commissioners hereinafter provided for and their successors in office shall, from the time of the organization of such drainage district, have the power and it shall be their duty, to manage and conduct the business and affairs of the district, and make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties, and perform such other acts as herein provided, or that may hereafter be provided by law. SEC. 2. For the purpose of the formation of such drainage district, a petition shall be presented to the clerk of the district court of the county in which said proposed district is located, which petition shall set forth the object for the organization of the said district, shall designate the boundaries thereof and set forth therein approximately the number of acres of land to be benefited by the proposed drainage system; and shall also contain the names of all the freeholders residing within said proposed district, so far as known, and the names and post office addresses of all owners and mortgagees of land within said proposed district, so far as known, and shall contain a description of the proposed system of drainage or diking, or both, designating the point or points, if any there may be, which shall be the outlet or outlets for the drainage of said district, the general route over which the main ditch or ditches are to be constructed, together with the proposed spurs or branches, and the general location of the dikes or levees, if any there may be; and set forth the further fact that the establishment of said district and proposed system of drainage will be conducive to the public health, convenience or welfare or increase the public revenue, or that the establishment of the said district, and the said system of drainage, and reclamation, will be of special benefit to the majority of the lands in acreage included therein; said petition shall be signed by such a number as own at least one-fifth of the acreage in the proposed district, and shall pray that the same be organized under the provisions of this title. Said petitioners shall, at the time of the filing of the petition, file a bond with the clerk of the district court of the county in which said proposed district is located, running to the State of Idaho, in the penal sum of Five Hundred ($500.00) dollars, with two or more sureties, to be approved by the judge of the district court, conditioned that they will pay all costs in case said district for any reason shall not be established. SEC. 3. After the filing of said petition, the clerk of said court shall present to the judge of said court said original petition, or a a certified copy thereof; and the judge of said court shall thereupon fix a time for hearing said petition by order made by him, which order shall provide that said petition be published for at least three (3) successive weeks in some weekly newspaper, printed and published in said county and nearest said land, and in case no such paper be printed or published in said county, then in some newspaper of general circulation therein, together with a notice setting a time and place at which said judge shall consider said petition. A similar notice shall also be served upon each owner or party in interest of the lands in question, in person or by registered mail. Upon the day fixed for hearing said petition any person or corporation may appear before the said court and make objections to the organization of said district and the proposed boundaries thereof, and upon final hearing said judge shall make such changes of the proposed boundaries as he may deem to be proper and shall establish and define such boundaries, and shall ascertain and determine the approximate number of acres of land which will be benefited by said proposed drainage system, and shall find whether the said proposed drainage system will be conducive either to the public health, welfare or convenience, or increase the public revenue, or be of special benefit to the majority of the land included within said proposed boundaries of said district as established; Provided, that no changes shall be made by the said judge of the said court in said boundary lines, so as to include any territory outside the boundaries described in said petition. Any district may be established even though it is shown that the outlet for the drainage is without the county in which said. drainage district is located, or without the boundaries of the State of Idaho, or is in any other state or territory, or is in a foreign country; and work for the drainage of such district may be contracted for and performed either entirely or par tially within the limits of any other state, territory or foreign country. And the judge of said court shall cause an order to be entered by the clerk and recorded in the judgment records of his office setting forth the facts found by said judge upon the final hearing of said petition and which may be adduced from the evidence on the final hearing thereof. SEC. 4. Upon the entry of the findings of the final hearing of said petition, as set forth in the last preceding section, said judge of the district court of the county in which the proposed drainage district is located, if he finds said proposed drainage system to be conducive either to the public health, welfare or convenience, or will increase the public revenue, or be of special benefit to the majority in acreage of the lands included in said boundaries, shall declare said district duly organized, and to be known as "Drainage District No. (here insert number) of the county of (here insert name of county), in the State of Idaho," and within ten (10) days thereafter, shall appoint three drainage commissioners. The commissioners shall be appointed from among those living in the county where said proposed district is located. The clerk of said district court shall cause a copy of the order declaring said district to be organized, duly certified, to be filed in the office of the Secretary of State, and from and after the date of said filing, said organization shall be deemed complete. The board of drainage commissioners appointed as aforesaid shall be entitled to enter upon the duties of their office upon qualifying as county officers are required to qualify, and upon each drainage commissioner giving a bond to the State of Idaho, for the benefit of said drainage district, for the faithful performance of his duties as such drainage commissioner, in the penal sum of $5,000.00, with one or more sureties to be approved by the Judge of the District court. The drainage commissioners shall take the oath of office and file their bonds within fifteen days after they are appointed; and they shall hold office until their successors are duly appointed and qualified. Each drainage commissioner thereafter who may be appointed shall enter into a like bond and of like effect upon entering upon his duties, which bond shall be approved by the judge of the district court of the county in which said drainage district. is located. The bonds of the drainage commissioners shall be filed with the clerk of the district court, and kept in his custody. In case said district be not established, then all costs and expenses shall be collectible on the bond herein before provided for, and any person having a charge against said district shall have a right of action thereon. SEC. 5. Immediately after their appointment and their bonds have been filed and approved, the drainage commissioners shall organize themselves into a board, and they shall by lot determine the terms of their office, which shall be one, two and three years respectively. Annually thereafter the judge of the district court of the county in which said district is located shall appoint one drainage commissioner whose term of office shall be for three years. SEC. 6. The board of Commissioners of such district shall elect one of their number chairman and one secretary, and shall keep minutes of all their proceedings, and may issue warrants of such district, in payment of claims of indebtedness against such district; such warrants shall be in form and substance the same as county warrants, or as near the same as may be practicable and shall draw the legal rate of interest from the date of their presentation to the Treasurer for payment, as hereinafter provided, and shall be signed by the chairman and attested by the secretary of said board; Provided, That no warrants shall be issued by said board of commissioners in payment of any indebtedness of such district for less than the face or par value. SEC. 7. The drainage commissioners shall hold their meetings for the transaction of business at any place in the county or counties in which the district is located, and shall receive for their services the sum of Two Dollars per day each and their necessary traveling expenses for each day they shall actually be engaged in the business of their office. The commissioners shall present an itemized account, under oath, to the district court of the amounts due them respectively, which items shall be audited at least once a year by the said district court, and upon approval of the amounts, certified to be correct by said court, warrants for said amounts against the drainage district shall be issued in the usual manner as other warrants are issued, Provided, That warrants issued under this section shall in addition to the usual signatures, be countersigned by the clerk of the court approving said warrants. SEC. 8. Said board of drainage commissioners hereinbefore provided for shall have the exclusive charge of the construction and maintenance of all drainage systems which heretofore have been or may be hereafter organized under the provisions of this title, and shall be the executive officers thereof, with full power to bind such district by their |