or trespass, be subject to double the damages of such trespass to the owner of said premises.

SEC. 2. If any owner or occupier of any grounds or crops trespassed upon, provided said ground be inclosed within a fence, by animals entering upon or breaking into his or their grounds, whether inclosed by a lawful fence or not, shall kill, maim or materially injure the animal or animals so trespassing, he, she or they shall be liable to the owner of such stock for all damages and for the costs accruing from a suit for damages, when necessarily resorted to for their recovery; Provided The owner or occupier of such grounds or crops so damaged and so trespassed upon may take up and safely keep, at the expense of the owner or owners thereof, after due notice to said owners of such known animals, or so many of them as may be necessary to cover the damages he may have sustained, for ten days; the same may be posted under the estray laws of the territory. And before restitution shall be had by the owner or owners of such animals, all damages done by them, as well also as the expenses of posting and keeping them, shall be paid. Any justice of the peace in the township or precinct shall have jurisdiction of all such reclamation of animals, together with the damages, expense of keeping and posting the same, when the amount claimed does not exceed one hundred dollars.

SEC. 3. When two or more persons shall cultivate lands under one inclosure, neither of them shall place or cause to be placed, any animal on his, her or their ground, to the injury or damage of the other or others, but shall be liable for all damages thus sustained by the other or others; and if repeated after due notice is given, and for every subsequent repetition, double damages, to be recovered in any court having jurisdic

tion.

SEC. 4. This act shall take effect and be in force from and after its approval by the governor.

APPROVED January 29, 1864.

JAILS, ETC.

AN ACT in relation to common Jails and the Prisoners thereof.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. There shall be built, or provided, kept and maintained, in good repair, in each county, one common jail, at the expense of the county.

SEC. 2. The county commissioners shall have the care of building, inspecting, and repairing such jail, and shall once, every three months, inquire into the state thereof, as respects the security thereof, treatment and condition of the prisoners, and shall take all necessary precaution against escape, sickness, or infection.

SEC. 3. The sheriff shall have the custody of the jail in his county, and of the prisoners therein, and shall keep the same personally, or by his deputy, for whose acts he shall be responsible, and shall furnish all necessary sustenance, bedding, clothing, fuel, and medical attendance, for the prisoners committed to his custody, and the commissioners shall allow him reasonable compensation out of the county treasury, not exceeding two dollars per day, for the support of all prisoners confined on criminal process.

SEC. 4. The sheriff may appoint one or more jailors, who, in case of the absence or disability of the sheriff, or during any vacancy in the office, shall have the custody of the jail and the prisoners therein.

SEC. 5. If any sheriff or jailor, shall defraud any prisoner of his allowance, or shall not allow reasonable allowance and accommodation, he shall forfeit fifty dollars for each offence, to be recovered by an action of debt by the county commissioners, for the use of the county.

SEC. 6. Every jailor, five days prior to the opening of each term of the district court, in the district in which his county is situate, shall return to the commissioners of his county a certified list of all the prisoners then in his custody, with the time and causes of their confinement, and the length of the term for which they were committed; and he shall, also, return to said commissioners, within five days after the close of said term of said court, the name, and cause, and term of commitment, of every prisoner committed during said term of court; and any jailor, who shall neglect to make such re

turn, for every such neglect shall pay a fine not exceeding fifty, nor less than twenty dollars, to be imposed at the next succeeding term of said court, on information of said commissioners of such neglect; and such fine shall go to the county.

SEC. 7. Persons may be committed under the authority of the United States, to any jail, upon payment of the expenses of supporting such prisoners, five dollars per month to the county for the use of the jail, and all legal fees of the jailor; and the sheriff shall receive such prisoners, and subject them to the same discipline, and treatment, and be liable for any neglect of duty as in case of other prisoners; but the county in no case shall be liable for any escape.

SEC. 8. Whenever any prisoner, under conviction for any criminal offence, shall be confined in any jail for any liability to pay any fine, forfeiture, or costs, or to procure sureties, the district court, upon satisfactory evidence of such inability, may in lieu thereof, confine such person in the county jail, at the rate of two dollars per day, until the forfeiture or costs so imposed shall be satisfied; and in such case, the sheriff may hire out, or put to labor such person or persons, and shall charge the earnings of said prisoners to himself, for the sustenance of said prisoners; any surplus that may accrue from such labor, shall be paid into the county treasury to the credit of said prisoner.

SEC. 9. Whenever from any sufficient cause the sheriff shall think it expedient that the prisoners be removed from the jail of his county, on application in writing to the governor of the territory, by the sheriff and commissioners of such county, the governor may order said prisoners to be removed to some other jail, anywhere within the territory, there to be detained in the same manner and by the same process as in the jail from whence they were removed, until remanded back, by a similar process, or discharged according to law.

SEC. 10. All the expenses of removing and maintaining prisoners, incurred under the preceding section, shall be defrayed by the county from which they were so removed.

SEC. 11. All acts and parts of acts, inconsistent with this act, are hereby repealed; and this act shall take effect from and after its approval by the governor.

APPROVED, January 13th, 1864.

WILD GAME.

AN Acr relating to Wild Game.

Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows:

SECTION 1. That it shall be unlawful for any person or persons in the territory of Idaho, at any time after the first day of February, and before the first day of July in each year, to catch, kill, or destroy, or to pursue with such intention, any buffalo, deer, antelope, elk, mountain sheep, or goat, or to have in his possession or to expose for sale any of the wild game, or animals mentioned in this section, during the season when the killing, injuring, or pursuing is herein prohibited: Provided, That nothing in this act shall be so construed as to prohibit any person or persons from taking any animals at any time for the purpose of taming the same, or for scientific purposes.

SEC. 2. Any person or persons offending against this act on conviction thereof, shall forfeit, and pay for every such offence, a penalty of not less than five dollars, nor more than two hundred dollars, to be recovered with costs of suit in a civil action in the name of the people of the United States of the territory of Idaho, before any justice of the peace; the fine so collected shall be paid into the county treasury for the benefit of said county where such action shall be brought; all such fines and costs, shall be collected without stay of execution, and such defendant may, by order of the court, be confined within the county jail until such fines and costs shall have been paid.

SEC. 3. This act to take effect and be in force from and after its approval by the governor.

APPROVED, January 16th, 1864.

TIME OF MEETING OF LEGISLATURE.

AN ACT to fix the Time of Meeting of the Legislative Assembly of the Territory of Idaho.

Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows:

SECTION 1. Hereafter the legislative assembly of this territory shall convene on the second Monday of November, of each year, at the territorial capitol, at the hour of twelve o'clock, (M).

SEC. 2. This act to take effect and be in force from and after its approval by the governor.

APPROVED, February 1st, 1864.

SECURITIES.

AN ACT to Prevent Officers Dealing in certain Securities.

Be it enacted by the Legislative Aesembly of the Territory of Idaho as follows:

SECTION 1. The territorial treasurer and auditor, and the several county, city or town corporation officers in this territory, are hereby expressly prohibited from purchasing or sel ling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever any territory, county, or city or town warrants, scrip, orders, demands, claim or claims, or other evidence of indebtedness against the territory, or any county, or city or town thereof.

SEC. 2. The territorial treasurer and auditor, and all county, city or town corporation officers, are prohibited from purchasing or being interested, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person or by, or through the agency or means of any person or persons whatever, any interest, claim, demand, or other evidence of indebtedness against the territory, or any county, or city or town corporation thereof, either directly or