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AN ACT to regulate Official Oaths.

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

SECTION 1. That all officers elected, appointed or chosen in this territory, before entering upon the duties of their office, and all attorneys, counsellors and solicitors in chancery, in alĺ the courts of this territory, before being admitted to practice, shall take and subscribe to the following oath before some person competent to administer oaths in this territory, viz: "I, (here name the person and office to which he has been elected, appointed or chosen) do solemnly swear (or affirm) that I will support, protect and defend the constitution and government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state convention or legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatever; and further, that I will well and faithfully perform all the duties which may be required of me by law, so help me God."

SEC. 2. All attorneys, counsellors and solicitors in chancery, who have been admitted to the bar of the courts of this territory prior to the passage of this act, shall not be allowed to appear or practice in any court of this territory on and after the first Monday in February, eighteen hundred and sixtyfour, unless he shall take and subscribe to the foregoing oath. SEC. 3. This act to take effect and be in force from and after its approval by the governor.

APPROVED December 28th, 1863.


AN ACT In relation to Money of Account and Interest. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. The money of account of this territory shall be

the dollar, cent and mill: And all accounts in the public offices, and other public accounts, and all proceedings in courts, shall be kept and had in conformity to this regulation.

SEC. 2. Nothing contained in the preceding section shall vitiate or affect any account, charge or entry originally made, or any note, bond, or other instrument, expressed in any other money of account, but the same shall be reduced to dollars or parts of dollars, as hereinbefore directed, in any suit there


SEC. 3. In all judgments and decrees rendered by any court of justice, for any debt, damages, or costs, and in all executions issued thereon, the amount shall be computed, as near as may be, in dollars and cents, rejecting smaller fractions, and no judgment or other proceedings, shall be considered erroneous for such omission.

SEC. 4. When there is no express contract in writing, fixing a different rate of interest, interest shall be allowed at the rate of ten per cent. per annum, for all moneys after they become due on any bond, bill, or promissory note, or other instrument of writing, or any judgment recovered before any court in this territory, for money lent, for money due on the settlement of account from the day on which the balance is ascertained, and for money recovered to the use of another.

SEC. 5. Parties may agree in writing for the payment of any rate of interest whatever on money due, or to become due on any contract; any judgment rendered on such contract shall bear interest at the rate of ten per cent. per annum until satisfied.

SEC. 6. This act to take effect from and afterits approval by the governor.

APPROVED, January 13, 1864.


AN ACT concerning the writ of Habeas Corpus.

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

SECTION 1. Every person unlawfully committed, detained, confined, or restrained of his liberty, under any pretense

whatever, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment.

SEC. 2. Application for such writ shall be made by petition signed either by the party for whose relief it is intended, or by some person in his or her behalf, and shall specify: First. That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or person by whom he or she is so confined or restrained, and the place where; naming all the parties, if they are known, or describing them, if they are unknown. Second. If the imprisonment be alleged to be illegal, the petition must also state in what the alleged illegality consists. Third. The petition must be verified by the oath or affirmation of the party making the application.

SEC. 3. Such writ of habeas corpus may be granted by any judge of the supreme court or district courts, at any time, in term or vacation.

SEC. 4. Any judge empowered to grant a writ applied for under this act, if it appear that the writ ought to issue, shall grant the same without delay.

SEC. 5. Such writ shall be directed to the officer or party having such prisoner in custody or under restraint, commanding him or them (as the case may be) to have the body of such person so imprisoned or detained, as is alleged by the petition, before the judge at such time as the judge shall direct, specifying in such writ the place where the petition will be heard; to do and receive what shall then and there be considered concerning such person, together with the time and cause of his or her detention, and have then and there such writ.

SEC. 6. If such writ be directed to the sheriff or other ministerial officer, it shall be delivered by the clerk of the court presided over by the judge issuing said writ, to such officer without delay.

SEC. 7. If such writ be directed to any person other than is specified in the last preceding section, the same shall be delivered to the sheriff or his deputy, and shall be by him served upon such person, by delivering the same to him without delay.

SEC. 8. If the officer or person to whom such writ is directed cannot be found, or shall refuse admittance to the officer or person serving or delivering such writ, the same may be served or delivered by leaving it at the residence of the officer or person to whom it is directed, or by affixing the same on some conspicuous place on the outside of his dwelling house, or the place where the party is confined or under restraint. The service of said writ is made by serving a copy

and exhibiting the original, and where the posting is required by posting a copy.

SEC. 9. If the officer or person to whom such writ is directed shall refuse, after due service as aforesaid, to obey the same, it shall be the duty of the judge, upon affidavit, to issue an attachment against such person, directed to the sheriff, or if the sheriff be the defendant, to an elisor appointed for that purpose by the judge, commanding him forthwith to apprehend such person and bring him immediately before such judge; and upon being so brought, he shall be committed to the common jail of the county, until he make due return of such writ, or be otherwise legally discharged.

SEC. 10. The party upon whom such writ shall be duly served, shall state in his return plainly and unequivocallyFirst. Whether he have or have not the party in his custody, or under his power or restraint. Second. If he have the party in his custody or power, or under his restraint, he shall also state the authority and cause of such imprisonment or restraint, setting forth the same at large. Third. If the party be detained by virtue of any writ, warrant, or any other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the judge, on the hearing of such return. Fourth. If the officer or person upon whom such writ shall have been served, shall have had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but such officer or person has transferred such custody or restraint to another, the return shall state particularly to whom, at what time and place, for what cause, and by what authority such transfer took place. Fifth. The return must be signed by the person making the same, and, except when such person shall be a sworn officer and shall make such return in his official capacity, it shall be verified by his oath or affirmation.

SEC. 11. If the writ of habeas corpus be served, the person or officer to whom the same is directed shall also bring the body of the party in his custody or restraint, according to the command of the writ, except in the case specified in the next two sections.

SEC. 12. Whenever, from sickness or infirmity of the person directed to be produced by any writ of habeas corpus, such person cannot, without danger, be brought before the judge, the officer or person in whose custody or power he or she is, may state that fact in his return to the writ verifying the same by affidavit.

SEC. 13. If the judge be satisfied of the truth of such alle

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gation of sickness or infirmity, and the return to the writ is otherwise sufficient, such judge may proceed to decide on such return and to dispose of the matter as if such party had been produced on the writ, or the hearing thereof may be adjourned until such party can be produced.

SEC. 14. The judge before whom a writ of habeas corpus shall be returned, shall immediately after the return thereof proceed to hear and examine the return, and such other matter as may be properly submitted to his hearing and consideration.

SEC. 15. The party brought before the judge on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his or her imprisonment or detention is unlawful, or that he or she is entitled to his or her discharge.

SEC. 16. Such judge shall thereupon proceed in a summary way to hear such allegation and proof as may be produced against such imprisonment or detention, or in favor of the same, and to dispose of such party as the law and justice of the case may require.

SEC. 17. Such judge shall have full power and authority to require and compel the attendance of witnesses by process of subpoena and attachment, and to do and perform all other acts and things necessary to a full and fair hearing and determination of the cause.

SEC. 18. If no legal cause be shown for such imprisonment or restraint, or for the continuation thereof, such judge shall discharge such party from the custody or restraint under which he or she is held.

SEC. 19. It shall be the duty of such judge, if the time during which such party may be legally detained in custody has not expired, to remand such party if it shall appear that he is detained in custody by virtue of the final judgment or decree of any competent court of criminal jurisdiction, or upon any process issued upon such judgment or decree, or in cases of contempt of court.

SEC. 20. If it appears on the return of the writ of habeas corpus that the prisoner is in custody by virtue of the process from any court in this territory, or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of the last preceding section: First. When the jurisdiction of such court or officer has been exceeded. Second. When the imprisonment was at first lawful, yet, by some act, omission, or event which has taken place afterwards, the party has become entitled to be discharged.

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