USA > Idaho > Idaho state gazetteer and business directory > Part 5
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IDAHO STATE GAZETTEER
only run in favor of any such corporation during such time as such per- son duly designated, as aforesaid, upon whom such service can be made shall be within the State: Provided, further, that such foreign corpora- tions complying with the provisions of this section shall have all the rights and privileges of like domestic corporations, including the right to exercise the right of eminent domain and shall be subject to the laws of the State applicable to like domestic corporations.
COURTS-Justice's Court has civil jurisdiction up to $300; Probate Court has civil jurisdiction up to $500. District Courts are courts of general jurisdiction.
DEEDS-Deeds must be signed by grantors, or attorney in fact authorized in writing and proved or acknowledged, and recorded in the office of the Recorder of the county where the property is situated. Husband and wife must join in the execution of all conveyances of com- munity property. Deeds given to secure a debt are treated as mortgages.
Dower and Courtesy are abolished.
Wife may convey her separate property without signature of husband.
EXECUTIONS-May issue at any time within five years from rendition of judgment. One year is allowed debtor for redemption of real estate. Judgments docketed in the office of the Clerk of the District Court are liens upon real estate of debtor in the county for five years.
EXEMPTIONS-Homestead to the value of $5,000, by head of family, to value of $1,000 by any other person may be selected by written instrument duly acknowledegd and recorded; chairs, tables, desks, books to the value of $200; household furniture, including sewing machine. stoves and beds to value of $300; wearing apparel, pictures, six months' provisions, two cows and hogs, with their calves or pigs; farming utensils to the value of $300; team, harness, wagon and six months' feed; water right of 160 inches; crops growing or grown on fifty acres of land cultivated by debtor; mechanics' or artisans' tools to value of $500; pro- fessional instruments, libraries and office furniture; miner's cabin to value of $500; his implements to value of $200; prospector's saddle and pack animal and implements to value of $250; team, vehicle and six months' feed of drayman, peddler, physician or clergyman; debtors' earn- ings for thirty days, if necessary for family; homestead association shares worth $1,000; life insurance purchasable yearly premium of $250; arms required to be kept by law, and one gun. No article exempt on judg- ment recovered for purchase price.
INTEREST-Legal rate, seven per cent; contract limit, twelve per cent; usury forfeits all interest and costs to creditor and renders debtor liable to forfeiture to school fund of ten per cent per annum on the entire principal, whether part payments have been made or not. Innocent in- dorsee protected. Compound interest is not allowed, and is held usurious by Supreme Court.
JUDGMENTS-Executions on may issue at any time within five years years date; are a lien on reality of debtor for five years.
LIMITATIONS-Involving real property, five years; on judgments and actions for mense profits of real estate, six years; written contracts. five years; oral contracts, accounts, etc., four years; for relief on ground of fraud or mistake three years.
MARRIED PERSONS-All property acquired by either husband or wife after marriage, except as hereafter mentioned, is community prop-
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erty. The husband has the control and management of the community property, and it is liable for his debts but he shall not sell, convey or en- cumber the community real estate unless the wife join with him in ex- ecuting the deed or other instrument of conveyance by which the real estate is sold, conveyed or encumbered. Property owned before mar- riage by the husband or wife, or acquired after by gift, devise or descent, or that she shall acquire with the proceeds of her separate property is separate property. Wife's separate property not liable for husband's debts.
Sec. 2. During the continuance of the marriage the wife has the management, control and absolute power of disposition of her separate property, and may bargain, sell and convey her real and personal prop- erty, and may enter into any contract with reference to the same in the same manner and to the same extent and with like effect as a married man may in relation to his real and personal property; provided, that the husband shall be bound by such contracts to no greater extent or effect than his wife under similar circumstances would be bound by his con- tracts.
Sec. 3. A woman may, while married, sue and be sued in the same manner as if she were single; provided, that except in actions between husband and wife, the husband shall not be chargeable in any manner with the wife's costs or other expenses of suit.
MORTGAGES ON REAL ESTATE-Must be executed and recorded in the same manner as deeds, and foreclosed by action in the District Court.
POWER OF ATTORNEY-Must be signed, acknowledged and re- corded as conveyances of real estate; if realty is dealt with, of married woman relating to her separate property, need not be signed by her hus- band. May be revoked by an instrument executed in the same manner.
REDEMPTION-Land sold on execution or foreclosure one year, sixty days each for each subsequent redemption, but wtihin the one year.
Reviver of action only by written instrument.
STAY OF EXECUTION-Only after appeal taken, by an undertaking to pay judgment.
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IDAHO FISH AND GAME LAWS.
(Synopsis Acts of Legislature, State of Idaho, March 11, 1909, and March 9, 1911.)
Section 1. The administration of the Idaho Fish and Game Laws is delegated primarily to the State Fish and Game Warden, whose duty it shall be to protect the fish and game in this state and enforce the laws relating thereto.
Sec. 2. The State Fish and Game Warden has power to divide the state is not to exceed six (6) districts, and he may appoint one chief deputy and as many assistant chief deputies as he may deem necessary, not exceeding, however, one assistant chief deputy for each of the districts so created, and he shall also have the power to appoint one or more deputies, as the emergency may demand, in any of such districts.
Sec. 3. The State Fish and Game Warden is authorized and directed to maintain fish hatcheries for the purpose of hatching, propagating and distributing food and commercial fishes, and for the purpose of distribu- ting game birds and such game animals as can be raised on the premises occupied by said hatcheries.
Sec. 4. It is unlawful for any person to wantonly waste or destroy any of the fish and game of this state in violation of the laws. Any per- son, association or corporation may establish or own a private park, lake or stream for fish, game, or both, on premises owned by him or it, re- spectively, and may preserve and propagate such fish and game, which will be protected by the Game Warden. Such fish and game may be used by the owner as he may see fit, but he will not be entitled to sell the same out of season, and such owner will be surrounded by the same restrictions for shipping as those fishing and hunting in public domains of the state. It is a misdemeanor for anyone to ship fish or game without a license, and express, railroad and other transportation companies or common carriers are forbidden to receive any fish or game for shipment unless they are presented with a duplicate of such licensed shipping permit.
Sec. 5. It is unlawful for any person or persons to catch or kill any species of fish whatever, in any of the streams, rivers, lakes, reservoirs, or waters of this state with any seine, net, spear, weir, fence, basket, trap, gillnet, dip-net or any other contrivance; except that salmon may be taken from the Snake River from Lewiston, Idaho, as far up stream as Shoshone Falls, and in the Clearwater River as far up stream as the same is meandered, except from April 15th to June 1st of each year, and fish may be taken from the waters of Bear Lake except between April 1st to June 1st.
Fish may be caught with a hook and line attached to a pole or held in the hand at any time of the year, except that trout must not be caught in any manner between the first day of April and the first day of May of each year.
Salmon may be caught or speared on a snag hook not less than four (4) inches in length.
It is unlawful to catch any kind of fish through the ice at any time of the year except from Bear Lake and Pend d'Oreille Lake, and in the lat- ter lake it shall be lawful to fish through the ice for white fish only.
It shall be unlawful to fish within three hundred feet of a fish ladder In any stream.
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IDAHO STATE GAZETTEER
The amount of fsh taken from the public waters of the state 18 limited to twenty (20) pounds of trout, bass, cat-fish, greyling or sun fish in any one day, and all persons are forbidden to have more than (30) pounds of fish in their possession at any one time. It is unlawful to take black bass or trout, from any of the waters in the state, less than four (4) inches in length, and the possession of such fish is a misdemeanor.
Sec. 6. It is unlawful to deposit sawdust or chemicals or any other substance that will or may tend to destroy or drive away the fish from any stream, or to kill any fish by the use of poison or deleterious drugs, or by the use of an explosive substance.
Sec. 7. It is against the law to kill, ensnare, trap or destroy any English, Chinese or Mongolian pheasants, prairie chickens or pinnated grouse in the state of Idaho. Quail are protected, except between the first day of November and the first day of December, and it is unlawful to kill more than eighteen (18) in any one day, and they cannot be sold at any time. Partridge, pheasant or grouse must not be killed or de- stroved except between the 15th day of August and the first day of De- cember, and north of the Salmon River the same must not be killed ex- cept between the first day of September and the first day of December, and not more than twelve (12) of these birds shall be killed in any one day.
The closed season on wild duck, goose, snipe and plover is between the first day of February and the first day of September of each year, and no more than twenty-four (24) ducks, snipes or plover, or four geeso shall be killed in any one day, and it is unlawful to kill or destroy any species of swan at any time in the state of Idaho for a period of five years from March 9th 1911. Sage hen or turtle dove may be hunted or killed between the 15th day of July and the first day of December except in Fremont County, and in that county they may be hunted or killed be- tween the 15th day of August and the first day of December, and not more than twelve (12) sage hens or twenty-four (24) turtle doves shall be killed in any one day.
It is unlawful for any person to kill more than twenty-four (24) birds in any one day, or to have in his possession more than twenty-four (24) birds of any kind at any one time.
Sec. 8. Moose, buffalo, antelope, beaver or caribou shall not be killed within the state of Idaho at any time.
It is lawful to hunt or kill deer, elk, mountain sheep or mountain goat only between the first day of September and the first day of Decem- ber of each year, except that elk may be killed in the counties of Fre- mont and Bingham (or in such territory as was included in these counties on January 1st, 1911) from September 1st to December 31st. Deer may be killed within the counties of Bonner, Kootenai, Shoshone, Latah, Nez Perce, Clearwater and Idaho only between the 20th day of September to the 20th day of December of each year, and in these last named counties elk shall not be hunted or killed for a period of five years from the date this act takes effect. Trapping any deer, elk, mountain sheep or moun- tain goat by means of pitfall, trap, snare or other means is forbidden at all times, and the use of dogs to hunt, chase or capture any of the animals herein mentioned is forbidden at all times.
Females may hunt or fish without a license, but every male must have a license before he can fish or hunt, and must be over twelve (12) years of age. A license for a bona fide resident of the state is $1.00 to be paid any Justice of the Peace, deputy or state game and fish warden. The license will state the name and place of residence of the person hold- ing the same and must not be transferred.
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A non-resident must pay $25.00, which will entitle him to hunt and kill any kind of big or small game. For $5.00 a non-resident will receive, a bird license, which will permit him to hunt and kill such number of each kind of birds as is stipulated in the license. For $2.00 a non- resident may receive a license which will permit him to fish with hook and line in any of the streams or public waters. of the state. All licenses have a synopsis of the game laws on the back thereof.
Sec. 9. It is unlawful during the open season of the year for any person to kill more than one elk, two deer, one mountain sheep, one ibex and one mountain goat. All licenses issued state all animals that may be killed. The license entitles the holder to ship within the state under the direction of the game warden. It is unlawful for any person or corpora- tion to sell any fish or game protected by this act.
Sec. 10. Transportation comparies or common carriers and their employees are forbidden to receive for shipment any game or fish killed in violation of the provision of this act.
Sec. 11. Song birds are protected, and the destruction of any birds of this nature is forbidden by law except the English sparrow, black bird, magpie and bee bird.
Sec. 12. It is the duty of the State Game Warden and all deputies appointed under the provisions of this act, and every sheriff, deputy sheriff, city marshal, constable and police officers within their respective jurisdiction in the state of Idaho to enforce all the provisions of this act, and such officers are constituted ex-officio game wardens for their respec- tive jurisdiction.
Sec. 13. It is made the duty of the State Game Warden and his deputies to see that all the provisions of this act are enforced, and they, together with the officers named in section twelve (12) are given author- ity to arrest without a warrant any person or persons found violating the same.
Sec. 14. A proper fishway must be maintained at the head of every irrigation ditch or canal for the purpose of preventing the fish from en- tering the same.
Sec. 16. It is a misdemeanor to store or receive for storage any game or fish within the state except during the open season when the same can be stored only by the person lawfully in possession thereof. Any game warden, constable, or any officer of the law may at any time seize and take into custody any game or fish or any portion of the same that have been killed or taken unlawfully.
Sec. 17. Any person who shall violate any of the provisions of this act will be guilty of a misdemeanor and upon conviction shall (except where a special penalty is provided) be fined in a sum not less than $10.00 nor more than $300.00 and the cost of the prosecution, or by im- prisonment in the county jail for a period of not to exceed six months, or may be punished by both such fine and imprisonment.
Sec. 23. Any officer neglecting to do his duty shall be guilty of a misdemeanor.
Approved March 9th, 1911.
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IDAHO STATE GAZETTEER
IDAHO MINING LAWS.
(Abridgement of the Mining Laws of the State of Idaho. Locating Claims. )
Mining claims hereafter located upon veins or lodes of quartz, or other rock in place bearing any of the metals or other valuable deposits mentioned in section 2320, of the Revised Statutes of the United States, may extend to three hundred feet on each side of the middle of the vein or lode; provided, that when the locators have set, posts or monuments, to indicate the line of the vein, ledge or lode, such stakes. posts or monu- ments must be taken for the purpose of such location, to mark correctly the line thereof, and such line must not afterwards be changed so as to affect rights acquired or interfere with any locations made subsequent thereto.
The locator, at the time of making the discovery of such vein or lode, must erect a monument at such place of discovery, upon which he must place his name, the name of the claim, the date of discovery and distance claimed along the vein each way form such monument. Within ten days from the date of discovery he must mark the boundaries of his claim by establishing at each corner thereof, and at any angle in the side lines, a monument, marked with the name of the claim and the corner or angle it represents; also at the time of so marking his boundaries he must post at his discovery monument his notice of location, in which must be stated:
1. The name of locator.
2. The name of the claim.
3. The date of discovery.
4. The direction and distance claimed along the ledge from the discovery.
5. The distance claimed on each side of the middle of the ledge.
6. The distance and direction from the discovery monument, to such natural object or permanent monument, if any such there be, as will fix and describe in the notice itself, the location of the claim.
7. The name of the mining district, county and state.
Within sixty days after such location, the locator or his assigns, must sink a shaft upon the lode to the depth of at least ten feet from the lowest part of the rim of such shaft at the surface. And of not less than sixteen square feet area. Any located claim upon which work has been done in compliance with the above requiremnts is not, unless aban- doned, subject to relocation for a period of ninety days from and after the date of location.
Within ninety days after the location of the claim the locator or his assigns must file for record in the office of the county recorder of the county or of the deputy recorder of the mining district in which the claim 18 situated, a substantial copy of his notice of location.
Within sixty days after any time set or period allowed for the per- formance of labor, or making improvements upon any lode, or placer claim, the person in whose behalf such work or improvement is performed, or some person for him, must make and record an affidavit in substance as follows:
County of
State of Idaho.
Before me, the subscribed, personally appeared
who being first duly sworn, says that at least. . dollars' worth
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of work or improvements were performed or made upon.
claim, situated in. . mining district, county of.
State of Idaho: That such expenditure was made by, for, or at the ex-
pense of. . . owner of said claim, for the purpose of holding said claim and all stakes, monuments or trees marking boundaries of said claims are in proper place and positions.
Subscribed and sworn to before me this. day of 191
The fee for administering the oath and recording the foregoing affi- davit, when taken before the county recorder or deputy mining recorder shall be fifty cents. Such affidavit, or a certified copy thereof in case the original is lost shall be prima facie evidence of the performance of such labor.
The location of abandoned claims shall be done in the same manner as if the location were of a new claim; but the locator may instead of alnking a new discovery shaft, sink the original discovery shaft ten feet deeper than it was at the time of his location.
No location notice shall claim more than one location, whether the location is made by one or several locators, and if it purport to claim more than one location it is absolutely void.
For the convenience of prospectors and locators, the County Re- corders of the several counties must appoint a deputy at any place where he may deem is necessary, and at all places more than twenty miles dis- tant from an existing office whenever ten or more mining locators in- terested, petition for the appointment of a deputy. Upon failure of any recorder to appoint a deputy for ten days after the petition in writing has been presented to him, the resident miners in such district may appoint temporarily one of their number to act as the recorder for the district.
It is the duty of the County Recorder to forward within fourteen days to the Deputy Mining Recorder of the district where the claim is located, all location notices, both quartz and placer, not already recorded . in such district, and the Deputy Mining Recorder shall record all such notices in his records and return the same to the County Recorder.
Placer claims, as mentioned in section 2329, of the Revised Statutes of the United States, may be located for the purpose of mining deposits and precious stones after the discovery of such deposits.
The locator of any placer mining claim located for the purpose of mining placer deposits or precious stones, must at the time of making the location, place a substantial post or monument as is required in the loca- tion of quartz claims at each corner of the location, and must also post on one of the same a notice of location containing the date of the location, the name of the locator, the name and dimensions of the claim, the mining district (if any ) and county in which the same is situated. Within
fifteen days after making the location, the locator must make an excava- tion upon the claim of not less than one hundred cubic feet, for the pur- pose of prospecting the same. Within thirty days after the location, the locator must file for record in the office of the County Recorder of the county, or of the Deputy Recorder of the mining district in which the claim is situated, a substantial copy of his copy of notice of location, to which must be attached an affidavit such as is required in the case of quartz claims.
At or before the time of presenting a location notice for record, Whether it be for a quartz or placer claim, one of the locators named in the same must make and subscribe an affidavit, in writing on or attached on the notice, substantially in the following form, to-wit:
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IDAHO STATE GAZETTEER
State of Idaho,
County of . Ss.
I, do solemnly swear that I am a citizen of the United States of America (or have declared my intentions to become such), and that I am acquainted with the mining ground described in this notice of location, and herewith called the. . . ledge, lode or claim; that the ground and claim herein described or any part thereof has not, to the best of my knowledge and belief, been located according to the laws of the United States and of this State, or if so located, that the same has been abandoned or forfeited by reason of the failure of such former locators to comply in respect thereto with the requirements of the said laws, and ( in case of quartz claims) that I have opened new ground to the extent or depth of ten feet as required by the laws of Idaho.
Signature
Subscribed and sworn to before me this. . day of. A. D. 19 ..
Signature.
The fee to be tendered for making such record, administering the oath to the locator and certifying the same, for indexing the names appearing on the notice and to include recording the notice by the recorder, as here- inafter required, and the indexing by said recorder, is two dollars.
MINING PARTNERSHIP.
A mining partnership exists when two or more persons who own or acquire a mining claim for the purpose of working it and extracting the mineral therefrom are actually engaged in working the same.
A purchaser of the interest of a partner in a mine when the partner- ship is engaged in working it takes with it notice of all liens resulting from the relation of the partners to each other and to the creditors of the part- nership.
RIGHT OF WAY ACROSS CLAIM.
The owner, locator or occupant of a mining claim, whether patented under the laws of the United States or held by location or possession, may have and acquire a right of way for ingress and egress, when necessary in working such mining claim, over and across the lands or mining claims of others, whether patented or otherwise.
MINING TUNNELS.
Any person or company who has or may hereafter have a tunnel or cross-cut, the mouth of which is located upon his own ground or upon the ground in his lawful occupation, shall have the right to drive and continue the same through and across any located or patented claim in front of the mouth of such tunnel, but not to follow or drive upon any vein belonging to the owner of such claim.
Each tunnel or cross-cut may be driven and worked for the purpose of drainage and for the purpose of reaching and working mining ground of the tunnel owner beyond the intersected claim. The owner or owners of any vein or any claim or claims so intersected, or his duly authorized agent, shall have the right to enter such tunnel upon application to the owner or owners or person in charge of such tunnel without resorting to
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