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CHAPTER 2

AN ACT

ATTACHING OWYHEE COUNTY TO THE THIRD JUDICIAL DISTRICT, AUTHORIZING AN ADDITIONAL DISTRICT JUDGE FOR SAID DISTRICT; PROVIDING FOR THE FIXING OF THE TERMS OF COURT IN SAID OWYHEE COUNTY; AND RELATING TO THE CAUSES, MATTERS AND PROCEEDINGS PENDING IN THE DISTRICT COURT IN SAID OWYHEE COUNTY; AUTHORIZING THE APPOINTMENT OF SAID ADDITIONAL JUDGE TO HOLD OFFICE UNTIL THE NEXT GENERAL ELECTION FOR DISTRICT JUDGES; REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT HEREWITH; AMENDING SECTION 26 OF THE REVISED CODES AS AMENDED BY AN ACT APPROVED MARCH 15, 1909, AND DECLARING AN EMERGENCY.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Owyhee County be, and the same is, hereby detached from the Seventh Judicial District, and added to the Third Judicial District.

SEC. 2. That an additional District Judge is hereby created and authorized for the Third Judicial District.

SEC. 3. That the Governor shall, upon the passage and approval of this Act, appoint such additional District Judge for the Third 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. 4. That all causes, matters or proceedings pending in the District Court of the Seventh Judicial District of the State of Idaho, in and for the County of Owyhee, shall continue and be tried and determined in said Third Judicial District, and by one of the Judges thereof, as if commenced in the same.

SEC. 5. The Senior Judge in point of continuous service in said Judicial District is hereby empowered to re-fix the terms of the District Court in said County of Owyhee for the year 1911, and thereafter they shall be fixed as provided by law.

SEC. 6. That Section 26 of the Revised Codes of Idaho, as amended by "An Act creating the Eighth Judicial District; providing for the election of a Judge thereof; providing for the fixing of the terms of Court in said District, and relating to the causes, matters of proceedings pending in said District and empowering the Judge of the First Judi

cial District to re-fix the terms of Court in said District for the year 1909, and amending Section 26 of the Revised Codes of Idaho" (approved March 5, 1909), be, and the same is hereby amended to read as follows:

Section 26. The State is divided into eight Judicial Districts, which are hereby defined as follows:

The First District comprises the County of Shoshone. The Second District comprises the Counties of Latah, Nez Perce and Idaho.

The Third District comprises the Counties of Ada, Boise and Owyhee.

The Fourth District comprises the Counties of Blaine, Lincoln, Cassia, Elmore, and Twin Falls.

The Fifth District comprises the Counties of Bear Lake, Oneida and Bannock.

The Sixth District comprises the Counties of Fremont, Bingham, Lemhi and Custer.

The Seventh District comprises the Counties of Canyon and Washington.

The Eighth District comprises the Counties of Kootenai and Bonner.

SEC. 7. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 8. An emergency existing therefor, this Act shall take effect immediately upon its passage and approval. Approved January 19, 1911.

CHAPTER 3
AN ACT

AUTHORIZING THE STATE BOARD OF LAND COMMISSIONERS TO EXPEND MONEYS FROM THE CAREY ACT TRUST FUND FOR THE PROTECTION OF LIFE AND PROPERTY, OR EITHER OF THEM, IN, OR AFFECTED BY, CAREY ACT PROJECTS, AND GRANTING A LIEN FOR THE EXPENDITURE.

Be It Enacted By the Legislature of the State of Idaho:

SECTION 1. That whenever it shall appear to the State Board of Land Commissioners that the life or property of settlers or owners in, or affected by, Carey Act projects are, or will be, endangered by defective or insufficient spillway construction works, the said Board shall give notice to the contracting company having charge of the project in which said defective spillway is situated, to at once proceed to provide for the necessary and proper changes and correc

tions of said defective spillway under the direction of the State Engineer and the approval of the State Board of Land Commissioners; and if said work be not prosecuted with reasonable diligence and to the satisfaction of the Board, the Board may within ten (10) days from the date of the service of said notice take charge of the said defective and unsafe spillway and works appurtenant thereto and make the same safe; Provided, The expense therefor shall not exceed the sum of ten thousand dollars ($10,000).

SEC. 2. The expenditure so made by the State shall be primarily a charge against the contracting Carey Act Company, and shall be a first lien against its construction works, water contracts, water rights, and all of its other real and personal property situated within the State. If said property be not sufficient to pay the amount expended by the State, then the remainder due the State shall be payable as a lien against the lands included in the project, and the lien of the State shall be foreclosed by action in the District Court having jurisdiction, and upon such expense being recovered it shall be covered into the Carey Act Trust Fund of the State.

SEC. 3. There is hereby appropriated for the purpose of this Act, out of moneys in the Carey Act Trust Fund, the sum of ten thousand dollars ($10,000).

SEC. 4. An emergency existing therefor, this Act shall take effect and be in force from and after its passage and approval.

Approved January 26, 1911.

CHAPTER 4
AN ACT

AMENDING SECTIONS 3829, 3831 (AS AMENDED), 3834 AND 3835 OF THE REVISED CODES OF IDAHO RELATING TO DISTRICT COURTS; AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 3829 of the Revised Codes of Idaho be, and the same is, hereby amended to read as follows:

Section 3829. District Courts are hereby established to be held in each of the Counties of the State which have been or may hereafter be organized by law, for the purpose of hearing and determining all matters and causes arising under the laws of this State. This court is presided over by District Judges chosen by the qualified electors of their

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respective districts for a term of four years; Provided, That upon the creation of a new district judgeship in any district, such judge may be appointed to hold office until the next general election for district judges, unless otherwise provided in the Act creating such judgeship, and until his successor is elected and qualified; Provided, further. That when there is more than one judge in any district, said judges, or, in case of difference of opinion, the senior judge in point of continuous service in said district, or if there be no such senior judge, the senior in point of age. shall apportion the business of such district among such judges as equally as may be, but either judge shall have full power to hold terms of court, transact judicial business, make orders, grant or refuse writs and generally exercise all the powers of a district judge without the concurrence of other judge or judges.

SEC. 2. That Section 3831 of the Revised Codes of Idaho, as amended by "An Act amending Section 3831 of the Revised Codes of Idaho, providing for the holding of the terms of the District Court and for the duration and adjournment of said terms," (approved March 11, 1909), be, and the same is, hereby amended to read as follows:

Section 3831. At least two terms of the District Court must be held in each county of the State each year, and each term must be held until the business is disposed of, and if a judge of said court deems it necessary, in order to dispose of said business, to hold said term beyond date set for the commencement of another term in the same district, he may, by order, so do, and postpone said other term to a future day. Provided, That when there is more than one judge in any district, any or all of said judges may hold court at the same time in the same county or may hold terms concurrently in the different counties of the district. SEC. 3. That Section 3834 of the Revised Codes of Idaho be, and the same is, hereby amended to read as follows:

Section 3834. The Judge of the District Court of each of the judicial districts of the State, or if there be more than one judge in any district, then the senior judge, as defined in Section 1 of this Act, must, annually, fix the time for holding the District Court in the several counties of his district by an order filed and entered by the clerk in each county of his district, and said order must be published two consecutive weeks in a newspaper published in his district.

SEC. 4. That Section 3835 of the Revised Codes of Idaho be, and the same is, hereby amended to read as follows: Section 3835. A special term of District Court may be

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