hotels and public houses, when mortgaged to secure the purchase money thereof, and all buildings which are not fixed permanently to the soil, no mortgage made by virtue of this act shall have any legal force or effect (except between the parties thereto) unless un the residence of the mortgagor and mortgagee, the sum to be secured and the rate of interest to be paid, when and where payable, shall be set out in the mortgage, and the mortgagor and mortgagee shall make affidavit that the mortgage is bona fide and made without any design to defraud and delay creditors, which affidavit shall be attached to such mortgage.

SEC. 2. All mortgages made in pursuance of this act, with the affidavit attached shall be recorded in the county where the mortgagor lives and also in the county where the property is located: Provided, That property intransitu from the possession of the mortgagee to the county in which the mortgagor resides, or to a location for use during a reasonable time for such transportation, shall be considered as located, it shall be the duty of the county recorders of this territory to provide proper books of record and of indexes, and record all mortgages made in pursuance of the provisions of this act, in the same manner as they are required by the law to record deeds and mortgages on real estate.

SEC. 3. No chattel mortgages shall be valid, except between the parties, unless the same shall have been made, executed and recorded in conformity with the provisions of this act: Provided, however, If the mortgagee receives and retains actual possession of the property mortgaged, he may omit the recording of his mortgage during the continuance of such actual possession.

SEC. 4. A right of redemption shall remain in the mortgagor until the same shall have been foreclosed by due process of law, or by agreement between the parties to the mortgage, which agreement shall be entered on the record of the mortgage.

SEC. 5. All property mortgaged in pursuance of the provisions of this act, may be attached at the suit of the creditors of the mortgagor, such creditor shall pay or tender to the mortgagee the actual payment due him on such mortgage, before the officer making such attachment shall be entitled to the actual possession of such property, when the property thus situated and thus redeemed shall have been sold by the officer, by virtue of due legal proceedings, out of the proceeds of the sale, he shall-First. Pay to creditor the amount advanced by him to pay the mortgage, with legal interest thereon. Second. Pay all legal costs and fees appertaining to the judgment, execution and sale. Third. Pay the judgment creditor the amount of the judgment, and any remaining surplus pay to the judgment debtor. If the creditor of the mortgagor prefers, he may cause to be attached the right of redemption of the said mortgagor and cause the same to be sold subject to the rights of the mortgagee, such attachment shall be made by leaving a copy of the writ of attachment, with notice of the attachment, with the mortgagee, when a sale of such equity is made on execution obtained by such attacking creditor, the sum realized shall be applied to the payment of costs, fees, discharge of the execution, and any remainder paid to the judgment debtor, when the interest of the mortgagee shall be attached, a copy of the writ of attachment shall be left with the mortgagor, with notice of attachment, any payment made by him to the mortgagee, after such notice, shall not release the attachment or effect the rights of the attaching creditor, but such mortgagor may pay the amount due on said mortgage to the officer who made the attachment, and thereupon said officer shall release said attachment and hold the money so paid him in the same manner as if he had originally attached money.

SEC. 6. This act shall not be so construed as to interfere or conflict with the lawful mining rules, regulations or customs in regard to the locating, holding or forfeiture of mining claims, but in all cases of mortgages of mining interests under this act, the mortgagee shall have the right to perform the same acts that the mortgagor might have performed for the purpose of preventing a forfeiture of the same under the said rules, regulations or customs, and shall be allowed such compensation therefor as shall be deemed just and equitable by the court ordering the sale upon a foreclosure: Provided, That such compensation shall in no case exceed the amount realized from the claim by a foreclosure and sale.

SEC. 7. The mortgagee, in all mortgages made under this act, shall be allowed one day for every twenty miles of the distance between his residence and the county recorder's office, where such mortgage ought by law to be recorded, to conform to the provisions of this act, before any attachment shall be valid, made by the creditors of the mortgagor.

SEC. 8. This act shall take effect and be in force from and after its approval by the governor.

APPROVED February 2, 1864.

COMMISSIONERS OF DEEDS.

AN ACT to provide for the appointment of Commissioners of Deeds, and defining their duties.

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

SECTION 1. The governor may, when in his judgment it may be necessary, appoint in each of the United States, and in each of the territories and districts of the United States, and in each foreign state, territory, colony and kingdom, one or more commissioners, to continue in office four years, unless sooner removed by the governor, who shall have power to administer oaths, and to take depositions and affidavits to be used in this territory, and also to take the acknowledgments or proofs of deeds, or other instruments, to be recorded in this territory.

SEC. 2. All oaths administered by said commissoners, all depositions and affidavits taken by them, and all acknowledgments and proofs aforesaid, certified by them and under their seal as such commisioners, shall have the same force and effect, in law, to all intents and purposes, as if done and certified by any recorder or other officer within this territory, who is now, or may hereafter be authorized, by law, to perform such acts.

SEC. 3. Before any commissioner, appointed as aforesaid, shall enter upon the duties of such office, he shall take and subscribe an oath, as prescribed by the United States, before some officer authorized to administer oaths, at the place for which such commissioners may be appointed, that he will faithfully perform and discharge all the duties of his office; which oath shall be transmitted and filed in the office of the secretary of the territory of Idaho within six months after taking the same.

SEC. 4. It is is hereby made the duty of the secretary of the territory to furnish each commissioner appointed as aforesaid, with a copy of this act.

SEC. 5. The secretary of the territory shall be entitled to receive a fee of two dollars for issuing each commission under the provisions of this act, to be paid by the party applying therefor.

SEC. 6. This act shall take effect and be in force from and after its approval by the governor. APPROVED January, 6, 1864.

COUNTY COMMISSIONERS.

AN ACT creating the Board of County Commissioners, and defining their duties.

Be it enacted by the Legislative Assembly of the Territory of Idaho

as follows:

SECTION 1. That there shall be established in each organized county in this territory a board of commissioners, to consist of three qualified electors, two of whom shall constitue a quorum to do business, to be elected by the qualified electors at the annual election, who shall hold their office for three years: Provided, That the commissioners now in office, or hereafter appointed to office, shall continue in office until a new board of commissioners shall be elected at the first annual election.

SEC. 2. The commissioners first elected in any county in this territory, shall serve for the term of one, two and three years, to be by them determined by lot at their first session; and annually thereafter one commissioner shall be elected, and shall continue in office three years: Provided, That where there are three or more election districts in one county, there shall not be two commissioners serving on the board from one precinct at the same time.

SEC. 3. Whenever it shall become necessary to elect a commissioner to fill any vacancy occasioned by death, resignation, or removal, the person elected shall hold his office for the unexpired term for which his predecessor was elected, and until his successor is elected and qualified.

SEC. 4. Before any commissioner shall enter upon the duties of his office, he shall take and subscribe an oath or affirmation before some person authorized to administer the same, faithfully to discharge the duties of a commissioner of the county in which he resides, and deposit a certificate thereof with the clerk of the board of commissoners of his county, to be by him filed in his office.

SEC. 5. The board of commissioners shall hold four sessions annually at the county seat of their respective counties, eommencing on the first Mondays of January, April, July, and October; at all of which they shall transact any business which may be required by law; Provided, That if the district court be in session on any of the above mentioned days, the commissioners shall meet on the Monday preceding, but no session shall be continued for a longer period than six days. SEC. 6. The auditor of the county shall be the clerk of the board of county commissioners, and attend their meetings, an keep a record of their proceedings, and the sheriff of county shall also, by himself or deputy, attend and exec their orders.

SEC. 7. The said board of county commissioners are hereby authorized to hold extra sessions, in any case they may think the business of their county requires the same; and ten days notice from any two of the commissioners to the third, shall be considered a sufficient call for said extra session: Provided, that no such extra session shall exceed three days.

SEC. 8. The commissioners shall each receive six dollars per day for each and every day they may be necessarily employed in transacting the county's business, and twenty-five cents a mile for every mile traveled in going to and returning from the meeting of said board, or in the discharge of any official duty, to be computed by the most usually traveled

route.

SEC. 9. When two only of the members shall be present at the meeting of the board, and a division shall take place on any question, it shall be postponed to a subsequent meeting.

SEC. 10. The commissioners of each county shall have and use a seal, for the purpose of sealing their proceedings; and copies of the same, when signed and sealed by said commissioners, and attested by their clerk, shall be good evidence of such proceedings in the trial of any cause in any court of this territory; and until such seal shall be provided, the private seal of the chairman of such board of county commissioners shall be considered a seal.

SEC. 11. The several boards of county commissioners are authorized and required: First. To provide for the erection and repairing of court houses, jails, and other necessary public buildings for the use of the county. Second. To lay out, discontinue, or alter county roads and highways, within their respective counties, and to do all other necessary acts relating thereto. Third. To license and fix the rates of ferriage, to grant grocery and other license authorized by law to be by them granted. Fourth. To fix the amount of taxes to be assessed according to the provisions of law, and cause the same to be collected. Fifth. To allow all accounts chargeable against such county not otherwise provided for, and to audit the accounts of all officers having the care, management, collection, disbursement of any money belonging to the county or appropriated to its benefit. Sixth. To have the care of the county property, and management of the county funds and business; except in cases otherwise provided for,