officer and enlisted man, who, having been served with notice as provided in the preceding section, refuses, or neglects, to obey the same promptly, shall be fined not less than five, nor more than one hundred dollars, at the discretion of the court martial; all fines assesssed under this section shall be paid to the Treasurer of the State for the benefit of the State Military Fund.

Records, How Kept.

SEC. 7. Adjutants of battalions and squadrons, and first sergeants of troops, batteries, companies, etc., shall attend to and record in books to be provided for that purpose all returns made; and perform such other duties as may from time to time be required of them by the commandant of the organization. In case of their absence, suitable persons shall be required to perform their duties, Muster Roll, How Made.

SEC. 8. The commanding officer of each company, troop or battery, shall annually, in March, furnish the adjutant general a muster roll of his company, and shall within ten days after each encampment required by law, make a return to the battalion or squadron commander showing the state of his company with the number enrolled there in, and the condition of all their arms, uniforms, equipments and ammunition. The commander of each regiment, squadron or battery shall, within twenty days after each encampment, make to the adjutant general a like report of his command.

Military Property, Returns Made.

SEC. 9. Every officer, or other person, having the cus tody, or control, of the military property of the State, shall, from time to time, make a return of the same in such form, and to such departments, as the regulations may require.

Custody of Military Funds, Bonds Given, Etc.

SEC. 10. Every person having the custody of the funds of any military organization shall enter into bond, in twice the amount likely to be held in his hands at any time, but never in less amount than one hundred dollars, with not less than two good and sufficient sureties to be approved by the county clerk of the county in which said sureties reside, payable to the State of Idaho for the use of such organization, for the faithful and honest discharge

of his duties, and the careful keeping and disbursements of said funds.

Copies of Act to be Printed and Distributed.

SEC. 11. The Governor shall, from time to time, cause such numbers of this act as may be deemed necessary, to be printed, and the same shall be distributed to the National Guard by the adjutant general.

SEC. 12. That all laws and parts of laws conflicting with the provisions of this act are hereby repealed.

SEC. 13. Whereas, an emergency exists, therefore this act shall take effect and be in force from and after its passage.

This act became a law on the 18th day of February, 1905.

HOUSE BILL NO. 19.

AN ACT

TO AMEND SECTION ELEVEN OF AN ACT ENTITLED "AN ACT TO REGULATE THE APPROPRIATION AND DIVERSION OF THE PUBLIC WATERS AND TO ESTABLISH RIGHTS TO THE USE OF SUCH WATERS AND THE PRIORITY OF SUCH RIGHTS," APPROVED MARCH 11, 1903.

Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That section 11 of "An act to regulate the appropriation and diversion of the public waters and to establish rights to the use of such waters and the priority of such rights" approved March 11, 1903, be so amended as to read as follows:

Section 11. All rights to the use of water acquired under this act or otherwise, shall be lost and abandoned by a failure, for the term of five years, to apply it to the beneficial use for which it was appropriated and when any right to the use of water shall be lost through non-use or abandonment, such right to such water shall revert to the State and be again subject to appropriation under this act: Provided, however, That any person owning any land to which water has been made appurtenant either by a decree of the court or under the provisions of this act may voluntarily abandon the use of such water in whole or in part on the land which is receiving the benefit of the same, and transfer the same to other land. Such person desiring to change the place of use of such water shall first make application to the State engineer, stating fully

in such application the reasons for making such transfer. Such application shall describe the land, the use of the water on which is to be abandoned, and shall describe the land to which it is desired to have such right transferred, and if such water is to be conducted to such land through another canal or lateral or from a different point of diversion than the one described in the license or decree of the court confirming such right, such facts shall be fully set out in such application, and, if the State engineer shall require it, a plat showing the location of such land and ditches or canals or points of diversion shall be furnished by such applicant, and upon receipt of such application, the State engineer shall examine the same and shall, provided no one shall be injured by the transfer, issue to such applicant under the seal of his office a certificate authorizing such transfer, which certificate shall state the name of the applicant and shall contain a copy of the license or an abstract of the decree confirming the right to the use of the water upon the land from which it is desired to transfer such right and a description of the land to which such right is transferred. And a fee of one dollar shall be paid the State engineer by such applicant for such certificate of transfer issued by him, and such application shall be recorded by the State engineer in a book kept for that purpose, and a notice that such transfer has been authorized shall be sent by the State engineer to the water commissioner of the district in which such land is situated, and such water commissioner shall notify the water master of the stream furnishing water for the irrigation of such lands of the transfer of such use, and such water master shall not thereafter divert onto the lands, the water for which has been so abandoned, any of such water, but shall divert such water, from such stream so that it may be used on the lands to which such right has been transferred.

Approved on the 23rd day of February, 1905.

HOUSE BILL NO. 20.

AN ACT

IN RELATION TO THE PRACTICE AND PROCEDURE IN PROBATE COURTS; REPEALING SECTION 4629 OF THE REVISED STATUTES OF IDAHO.

Be It Enacted By the Legislature of the State of Idaho:

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.
AN ACT

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.

HOUSE BILL NO. 22.
AN ACT

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.