AT FELT, IDAHO, FOR THE BIENNIUM BEGINNING JANUARY 1, 1923, AND ENDING JANUARY 1, 1925; AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That there is hereby appropriated out of the general fund in the state treasury, not otherwise appropriated, the following sums for the maintenance and support of state agricultural experiment stations, as follows: For the Aberdeen station.. For the Caldwell station. For the high altitude station at Felt, Idaho. Total Appropriation.. $ 8.000.00 11,000.00 6,000.00 6,000.00 $31,000.00 That said amount so appropriated shall be used under the direction and control of the state board of education and the board of regents of the University of Idaho. The said appropriation is made for the biennium beginning January 1, 1923, and ending January 1, 1925. SEC. 2. An emergency existing therefor, which emergency is hereby declared to exist, this act shall take effect and be in full force and effect from and after its passage and approval. Approved March 16, 1923. CHAPTER 189 AN ACT MAKING IT UNLAWFUL FOR ANY PERSON TO SET FIRE WILFULLY OR MALICIOUSLY IN OR WITHIN ANY OF THE UNDERGROUND TUNNELS, SHAFTS, OR OTHER UNDERGROUND WORKINGS OF ANY MINE WHICH SHALL RESULT IN THE BURNING OF, DESTRUCTION OF, OR INJURY TO, ANY OF THE TIMBERING OR WORKINGS OF SUCH TUNNEL, SHAFT, OR OTHER UNDERGROUND WORKING OF SUCH MINE, MAKING THE VIOLATION OF THE PROVISIONS OF THIS ACT A FELONY, AND PRESCRIBING PENALTIES; AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. It shall be unlawful for any person or persons to set fire, wilfully or maliciously, in or within any of the underground tunnels, shafts, or any of the underground workings of any mine in the state of Idaho that shall result in the burning of, destruction of, or injury to any of the timbering or workings of any such mine or any part thereof. SEC. 2. Any person or persons violating any of the provisions of this act shall be guilty of a felony and upon conviction thereof shall be punished by not less than five nor more than twenty years imprisonment in the state penitentiary. An emergency existing therefor, which emergency is hereby declared to exist, this act shall take effect and be in full force and effect from and after its passage and approval. Approved March 16, 1923. CONCERNING CHAPTER 190 (S. B. No. 319) DOMESTIC AN ACT RELATIONS AND TO PREVENT AND PUNISH FAMILY DESERTION OR NON-SUPPORT OF WIFE OR CHILD, OR CHILDREN, AND PROVIDING FOR SUPPORT BONDS AND SUSPENSION OF TRIAL AND SENTENCE; AND DIRECTING THE COUNTY COMMISSIONERS AND HIGHWAY DISTRICTS TO WORK CONVICTED PERSONS AND TO PAY CERTAIN MONEYS TO THE WIFE OR CHILD, OR CHILDREN, FOR THE LABOR PERFORMED BY CONVICTED PERSONS; AND PROVIDING THE EVIDENCE REQUIRED TO PROVE, AND THE PUNISHMENT OF SUCH OFFENSES AND THE PROCEDURE ON FAILURE TO COMPLY WITH THE ORDER OF THE COURT HEREUNDER; AND THE EVIDENCE REQUIRED TO PROVE MARRIAGE HEREUNDER, AND THAT THE STATUTES PROHIBITING CONFIDENTIAL COMMUNICATION BETWEEN HUSBAND AND WIFE IS NOT TO APPLY, AND THE PROOF REQUIRED THAT SAID DESERTION OR NEGLECT IS WILFUL; PROVIDED, THAT THE PROBATE COURT SHALL HAVE JURISDICTION THEREOF; PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ACT, AND PROVIDING THAT VIOLATIONS OF THE PROVISIONS OF THIS ACT SHALL BE CONSIDERED AS CRIMES SUBJECT TO EXTRADITION; AND REPEALING SECTIONS 8278, 8279 AND 8280 OF CHAPTER 303, IDAHO COMPILED STATUTES, AND ALL OTHER ACTS AND PARTS OF ACTS IN SO FAR AS THEY CONFLICT WITH THE PROVISIONS OF THIS ACT. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. Every person who, 1st. Having any child under the age of 16 years dependent upon him or her for care, education or support, deserts such child in any manner whatever, with intent to abandon it; 2nd. Wilfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his or her child or children, or ward or wards; 3rd. Having sufficient ability to provide for his wife's support, or who is able to earn the means for such wife's support, who wilfully abandons and leaves his wife in a destitute condition, or who refuses or neglects to provide such wife with necessary food, clothing, shelter, or medical attendance, unless by her misconduct he is justified in abandoning her; Shall be guilty of a misdemeanor. Any violation of this section shall be construed as a crime subject to extradition. SEC. 2. In any case enumerated in the previous section, the court may render one of the following orders: 1st. Should a fine be imposed it may be directed by the court to be paid in whole or in part to the wife, or to the guardian or to the custodian of the child or children, or to an individual appointed by the court as trustee. 2nd. Before trial, or after conviction, with the consent of the defendant, the court, in its discretion, having regard to the circumstances and to the financial ability or earning capacity of the defendant, shall have the power to make an order which shall be subject to change by it from time to time. as circumstances may require, directing the defendant to pay a certain sum weekly during such time as the court may direct, to the wife or to the guardian, or custodian of the minor child or children, or to an individual appointed by the court and to release the defendant from custody or probation during such time as the court may direct, upon his or her entering into a recognizance, with or without sureties, in such sum as the court may direct. The condition of the recognizance to be such that if the defendant shall make his or her appearance in court whenever ordered to do so, and shall further comply with the terms of the order and of any subsequent modification thereof, then the recognizance shall be void, otherwise to remain in full force and effect. 3rd. When conviction is had and sentence to imprisonment in the county jail is imposed, the court may direct that the person so convicted shall be compelled to work upon the public roads or highways or any other public work in the county where such conviction is had, during the time of such sentence. And it shall be the duty of the county commissioners or of the highway district board within the county where such conviction and sentence is had and where such work is performed by persons under sentence to the county jail to allow an order of payment out of the current fund or maintenance road fund, to the wife, or to the guardian, or custodian of the child or children, or to an individual appointed by the court as trustee, at the end of each calendar month, for the support of such wife, or child or children, ward or wards, a sum not to exceed one and fifty one-hundredths dollars for each day's work of such person. SEC. 3. Proof of the abandonment or non-support of a wife, or the desertion of a child or children, ward or wards, or the omission to furnish necessary food, clothing, shelter, or medical attendance for a child or children, ward or wards, is prima facie evidence that such abandonment or nonsupport, or omission to furnish food, clothing, shelter, or medical attendance is wilful. SEC. 4. If the court be satisfied by the information or complaint and due proof, under oath, that at any time the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original indictment or information, or sentence him under the original conviction, or enforce the original sentence, as the case may be. In case of forfeiture of a recognizance and enforcement thereof by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part to the wife or to the guardian or custodian of the minor child or children. SEC. 5. No other evidence shall be required to prove marriage of such husband and wife, or that such person is the lawful father or mother of such child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under this act, any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife, shall not apply, and both husband and wife shall be competent witnesses to testify for or against each other to any and all relevant matters, including the fact of such marriage and the parentage of such child or children. Proof of the desertion of such wife, child or children in destitute or necessitous circumstances or of neglect to furnish such wife, child, or children necessary and proper food, clothing or shelter is prima facie evidence that such desertion or neglect is wilful. SEC. 6. The probate courts of the several counties of the state shall have jurisdiction of all prosecutions under this act. SEC. 7. That Sections 8278, 8279 and 8280 of Chapter 303, Idaho Compiled Statutes, be and the same are hereby expressly repealed; and repealing all other acts and parts of acts in so far as they conflict with this act. Approved March 16, 1923. CHAPTER 191 (S. B. No. 342) AN ACT MAKING AN APPROPRIATION FOR THE PAYMENT OF SALARIES AND TRAVELING EXPENSES OF THE OFFICERS, DEPUTIES AND EMPLOYEES OF THE STATE AUDITOR'S OFFICE, INCLUDING THE BUREAU OF PUBLIC ACCOUNTS AND THE BUDGET BUREAU; MAKING APPROPRIATIONS FOR THE GENERAL OFFICE AND OTHER EXPENSES OF SUCH DEPARTMENT AND OTHER SPECIFIED PURPOSES FOR THE GENERAL MAINTENANCE AND SUPPORT THEREOF FOR THE PERIOD COMMENCING ON THE FIRST MONDAY OF JANUARY, 1923, AND ENDING ON THE FIRST MONDAY OF JANUARY, 1925; PRESCRIBING THE CONDITIONS UNDER WHICH THE APPROPRIATIONS HEREIN MADE SHALL BE EXPENDED; PROHIBITING THE INCURRING OF ANY ADDITIONAL INDEBTEDNESS EXCEPT AS HEREIN PROVIDED; PROVIDING FOR THE TRANSFER OF CERTAIN APPROPRIATIONS FROM ONE TO THE OTHER; PROVIDING FOR THE FIXING OF SALARIES NOT PROVIDED BY LEGISLATIVE ENACTMENT BY THE STATE BOARD OF EXAMINERS; PROVIDING CERTAIN DUTIES FOR THE STATE AUDITOR; REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THIS ACT; AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That there is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sums hereinafter specifically set out for the purposes named, and for no other, for the support and maintenance of the state auditor's office, including the budget bureau and the bureau of public accounts, and for other purposes, for the period commencing on the first Monday of January, 1923, and ending on the first Monday of January, 1925, except as herein otherwise indicated. The sums herein appropriated shall be paid out by the state treasurer upon warrants drawn by the state auditor against the general fund of the state. The amounts specifically appropriated for state purposes by this act constitute the whole amount appropriated and to be used by the department in question, for any purpose during the period for which the appropriation is made, unless otherwise provided by law. |