SECTION 1. In all civil suits, and within its civil jurisdiction, all proceedings in the probate court, the process, provisional remedies, supplementary proceedings and the rules of practice, pleading and procedure shall be the same as is provided by law for justices' courts. SEC. 2. Section 4629 of the Revised Statutes of Idaho is hereby repealed. This act became a law on the 2nd day of February, 1905. HOUSE BILL NO. 21. TO PROVIDE FOR THE PAYMENT OF CLAIMS AGAINST THE STATE OF IDAHO FOR THE EXPENSES OF THE DISTRICT JUDGES OF SAID STATE FOR THE YEAR 1904, FOR WHICH INSUFFICIENT APPROPRIATIONS WERE MADE IN THE GENERAL APPROPRIATION BILL APPROVED MARCH 11TH, 1903. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That the sum of eight hundred ninety dollars ($890.00) is hereby appropriated for the payment of claims against the State for expenses of the several district judges for the State of Idaho for the year 1904, for which insufficient appropriations were made in the gen eral appropriation bill approved March 11th, 1903, which claims have been approved by the State Board of Examiners, said claims being numbered and named and of the following amounts, to wit: Lyttleton Price, deficiency warrant No. 24, dated November 29th, 1904, $200.00. Alfred Budge, deficiency warrant No. 25, dated November 29th, 1904, $100.00. Geo. H. Stewart, deficiency warrant No. 26, dated November 29th, 1904, $100.00. Geo. H. Stewart, deficiency warrant No. 40, dated December 8th, 1904, $200.00. Alfred Budge, deficiency warrant No. 41, dated December 8th, 1904, $90.00. Alfred Budge, deficiency warrant No. 60, dated December 28th, 1904, $100.00. Geo. H. Stewart, deficiency warrant No. 66, dated January 10th, 1905, $100.00. Edgar C. Steele, voucher No. 9567, dated January 2d, 1905, $198.50. SEC. 2. The State Auditor is hereby authorized and required, upon presentation of the deficiency warrants and vouchers above named and numbered, to draw his warrant in favor of the person named in such deficiency warrant and voucher for the amount set opposite said number and name, and said warrant shall be payable out of the general fund of the State of Idaho upon presentation to the State Treasurer, as other State warrants are paid. SEC. 3. Whereas an emergency exists, therefore this act shall be in force from and after its passage and approval by the Governor. Approved on the 8th day of March, 1905. TO REPEAL AN ACT OF THE LEGISLATURE OF THE STATE OF IDAHO ENTITLED "AN ACT FOR THE IMPROVEMENT OF THE NAVIGATION OF RIVERS, AND THEIR TRIBUTARIES, IN THE STATE OF IDAHO, BY DEEPENING, STRAIGHTENING AND CLEARING THE CHANNELS THEREOF, BY THE ERECTION OF DAMS, BOOMS AND CANALS, AND OTHERWISE, AND FOR COLLECTING TOLLS AND CHARGES THEREON, FOR THE FLOATING, DRIVING AND HANDLING OF SAW LOGS, AND OTHER TIMBER PRODUCTS, AND THE NAVIGATION OF BARGES AND RAFTS," APPROVED, FEBRUARY 28TH, 1899. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. An act entitled "An act for the improvement of the navigation of rivers, and their tributaries in the State of Idaho, by deepening, straightening and clearing the channels thereof, by the erection of dams, booms and canals, and otherwise, and for collecting tolls and charges thereon, for the floating, driving, and handling of saw logs, and other timber products, and the navigation of barges and rafts," approved, February 28th, 1899, is hereby repealed. SEC. 2. An emergency existing therefor, this act shall take effect and be in force from and after its passage and approval. This act became a law on the 23rd day of February, 1905. HOUSE BILL NO. 34. AN ACT AUTHORIZING THE BOARD OF TRUSTEES OF THE CAPITOL BUILDING TO PROVIDE A FIRE AND BURGLAR PROOF VAULT AND BURGLAR PROOF SAFE FOR USE BY THE STATE TREASURER IN THE CARE AND KEEPING OF STATE MONEYS AND APPROPRIATING MONEY TO PAY COST OF THE SAME; REQUIRING ALL STATE MONEYS IN THE CUSTODY OF THE TREASURER, NOT OTHERWISE DEPOSITED AS PROVIDED BY LAW, TO BE KEPT IN SAID VAULT AND SAFE AND PRESCRIBING A PENALTY FOR A VIOLATION OF THE PROVISIONS OF THIS ACT. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. The board of trustees of the capitol building shall, as soon as practicable, provide a fire and burglar proof vault and burglar proof safe of sufficient size and suited to the requirements of the State Treasurer in the care and safe keeping of the State moneys, and there is hereby appropriatd for such purpose out of any funds in the treasury, not otherwise appropriated, the sum of seven thousand five hundred (7,500) dollars. From and after the completion of said vault and the procuring of said safe, all State moneys in the custody of the State Treasurer, not otherwise deposited as is or may be by law provided, shall be kept in said vault and safe and in no other place. A violation of this section shall subject the State Treasurer, upon conviction thereof, to pay a fine of not less than five thousand (5,000) nor more than ten thousand (10,000) dollars, or by imprisonment in the State prison for a period of not less than one nor more than ten years, or by both such fine and imprisonment. SEC. 2. All acts and parts of acts in conflict herewith are hereby repealed. SEC. 3. An emergency existing therefor this act shall be in force from and after its passage and approval. Approved on the 17th day of February, 1905. HOUSE BILL NO. 35. AN ACT TO AMEND SECTION 29 OF AN ACT ENTITLED, "AN ACT PROVIDING FOR THE APPROPRIATION AND DISTRIBUTION OF WATER; THE CONDEMNATION OF LAND FOR CANALS, DITCHES AND CONDUITS; EMPOWERING THE BOARDS OF COUNTY COMMISSIONERS TO ESTABLISH A MAXIMUM RATE FOR THE USE OF WATER, AND REPEALING ALL Be it Enacted by the Legislature of the State of Idaho: SECTION 1. That section 29 of an act of the Legislature of the State of Idaho, entitled, "An act providing for the appropriation and distribution of water; the condemnation of lands for canals, ditches and conduits; empowering the board of county commissioners to establish miximum rate for the use of water; and repealing all acts and parts of acts in confiict with the provisions of this act," approved February 25th, 1899, be, and the same is hereby amended to read as follows: a Section 29. Said board of commissioners may adjourn or postpone any hearing from time to time as may be found necessary; but when in session they shall hear and examine all legal testimony or proofs offered by any party interested as aforesaid, as well as concerning the original cost and present value of the works and structure of such ditch, canal or conduit, as well as the cost and expense of maintaining and operating the same, and all matters which may affect the establishment of reasonable miximum rates for water to be furnished and delivered therefrom, and they may issue subpoenas for wit nesses which subpoenas shall be served in the same man ner in which subpoenas are served in civil cases; and said board may also issue subpoenas for the production of all books and papers required before them. The district court of the proper county, or the judge thereof in vacation, may in case of refusal to obey the subpoenas of the board of county commissioners, compel obedience thereto, or punish for refusal to obey after hearing, as in cases of attachment for contempt of such district court. Upon hearing and considering all the evidence and facts and matters involved in the case, said board of county com missioners shall enter an order describing the ditch, canal or conduit, or other water works in question with suffcient certainty, and fixing a just and reasonable maximum rate of compensation for water thereafter delivered from such ditch or other water works as last aforesaid within the county in which such commissioners act; and such rate shall not be changed within one year from the time when such rates shall be so fixed: Provided, That an appeal may be taken to the district court from any act, or der or proceeding of the board by any person or corporation aggreived thereby, as in other cases under the general statute of the State of Idaho, governing appeals from an order or proceeding of the board of county commissioners. Approved on the 9th day of March, 1905. HOUSE BILL NO. 37. AN ACT AUTHORIZING THE BOARD OF STATE PRISON COMMISSION- Be it Enacted by the Legislature of the State of Idaho: SECTION 1. The Board of State Prison Commissioners, as soon as practicable after the taking effect of this act, shall enter into a contract with the authorities of some State of the United States having a State prison, State penitentiary, woman's reformatory or prison, or other penal institution, provided with a woman's ward, or division or department for the confinement and detention of female convicts, for the reception and detention, cart, maintenance and employment of all females convicted of felony in any of the courts of Idaho and sentenced to a term of imprisonment therefor. SEC. 2. From and after the making of said contract and until provision shall have been made at the penitentiary of this State for a separate department or ward for female prisoners, all females convicted of felony in any of the courts of this State and sentenced to a term of imprisonment in the State prison, including those that may, at the date of entering into said contract, be confined therein, shall be conveyed, as is now provided by law, by the warden of the penitentiary, or his assistants, to the institution named in such contract and delivered to the authorities of said institution, there to be confined until |