treasurers of such cities, towns, villages and independent school districts, for the taxes, costs and penalties for which any property included in such certificate was sold, according to their several interests, together with the interest thereon that may be due, and deliver the same; charging the treasurers therewith in such several funds. In all cases where real estate has been or may hereafter be sold for delinquent taxes, and the county has become the purchaser and a tax deed has issued to the county, and the time for redemption, as hereinbefore provided, has passed and the county has not disposed of such real estate, the person whose estate has been or may hereafter be sold or his heirs, executors, administrators, or other successors in interest, at any time after the time of purchase thereof by the county, and before the county has disposed of the same, has the right to redeem such real estate by paying to the county treasurer of the county wherein the real estate is situated the amount of taxes due thereon at the time of said sale, with interest thereon at the rate of ten per cent per annum; and also all taxes that were a lien upon said real estate at the time said taxes became delinquent; and also for each year since the sale for which taxes on said land have not been paid, an amount equal to the percentage of state and county tax for that year, upon the value of said real estate to be assessed at time of redemption by the assessor and collector for each year subsequent to the year of sale, with interest from the first day of January of each of said years respectively, at the same rate; and also all costs and expenses, which may have accrued by reason of such delinquency and sale, and the costs and expenses of such redemption, as hereinafter specified. The County Auditor must, on the application of the person desiring to redeem, make an estimate of the amount to be paid, and must give him duplicate certificates, specifying the several amounts thereof, one of which certificates must be delivered to the County Treasurer, together with the money; and the County Treasurer must execute a deed to the redemptioner. The County Treasurer must settle for the moneys received as for other state and county moneys. The treasurer and auditor must be paid by the redemptioner, for making out said estimates and deed, the sum of two dollars ($2.00) each. Upon the payment of the money specified in said certificate, and the giving of the deed aforesaid by the treasurer, any deed or certificate of sale that may have been made to the county becomes null and void, and all right, title, and interest acquired by the county under or by virtue of the tax sale ceases and determines. Whenever property sold to the county, pursuant to the pro visions of this chapter, shall be redeemed, the moneys received on account of such redemption shall be distributed between the State and the county, and to the respective funds, in the same manner as if the same had been paid in tne first instance to the Tax Collector. SEC. 2. An emergency existing therefor, which is hereby declared, this Act shall be in full force and effect from and after its passage and approval. Approved February 14, 1911. CHAPTER 11 TO AMEND SECTION 2794 OF THE REVISED CODES OF IDAHO, RELATING TO THE ISSUE OF BONDS AND NOTES BY RAILROAD CORPORATIONS AND THE EXECUTION OF MORTGAGES TO SECURE THE SAME, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 2794 of the Revised Codes of Idaho be, and the same is, hereby amended to read as follows: * Section 2794. Railroad corporations may borrow on the credit of the corporation, and under such regulations and restrictions as the directors thereof may impose, such sums of money as may be necessary for constructing, completing, equipping, extending and improving their railroad, and all else relative thereto, and may issue and dispose of bonds and promissory notes therefor, * * bearing interest at a rate not exceeding ten (10) per cent per annum, and may also issue bonds and promissory notes, * bearing interest not in excess of the rate aforesaid, in payment of any debts or contracts for constructing, completing, equipping, extending and improving their road, and all else relative thereto; and to secure the payment of any or all of such bonds and notes, they may mortgage their corporate property and franchises. * * * * SEC. 2. An emergency existing therefor, this Act shall take effect and be in force from and after its approval. Approved February 14, 1911. CHAPTER 12 ► TO AMEND SECTION 2323 OF CHAPTER 13, TITLE 13, OF THE POLITICAL CODE OF THE REVISED CODES OF 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 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 LICENSES THEREFOR; TO PROVIDE FOR THE SUBMISSION AT SPECIAL ELECTION 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 |