3. That said County of Washington and City of Weiser must accept said conveyance within three (3) years after date thereof.

Said conveyance shall contain a statement of the conditions as above set forth.

SEC. 2. Whereas, an emergency exists, this Act shall take effect and be in force from and after its passage. Approved March 3, 1911.

CHAPTER 37

AN ACT

TO CREATE AND ORGANIZE THE COUNTY OF LEWIS IN THE STATE OF IDAHO; TO DEFINE THE BOUNDARIES THEREOF; TO CLASSIFY SAID COUNTY AND LOCATE THE TEMPORARY COUNTY SEAT; TO PROVIDE FOR THE APPORTIONMENT OF THE INDEBTEDNESS BETWEEN NEZ PERCE AND LEWIS COUNTIES; TO PROVIDE FOR THE APPOINTMENT OF OFFICERS IN SAID LEWIS COUNTY; TO PROVIDE FOR THE TRANSCRIBING OF THAT PORTION OF THE RECORDS OF NEZ PERCE COUNTY PERTAINING TO PERSONS AND PROPERTY WITHIN LEWIS COUNTY; TO CONSTITUTE THE COUNTY OF LEWIS A PART OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO; AND FOR OTHER PURPOSES; AND DECLARING AN EMERGENCY THEREFOR.

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

SECTION 1. That there is hereby created and formed out of a portion of the existing County of Nez Perce, in the State of Idaho, a new County to be named and called Lewis County, which new County shall be organized and governed as provided by this Act and the General Laws of the State of Idaho relating to the organization and government of counties.

SEC. 2. That all that portion of the State of Idaho included within the following boundaries, to-wit: Commencing at the mouth of the Lolo Creek and running in a northerly direction down the middle of the channel of the Clearwater River to a point where the Seventh Standard Parallel crosses the Clearwater River; thence due west along said parallel to a point where the same intersects Little Canyon Creek; thence down the center of the channel of Little Canyon Creek to a point where the same empties into Big Canyon Creek; thence up the center of the channel of Big Canyon Creek to a point where the same crosses the

township line between Townships thirty-four (34) and thirty-five (35), north; thence west on said township line to a point where the same crosses Mission Creek; thence up the middle of the channel of Mission Creek to a point where the same crosses the township line between Townships thirty-three (33) and thirty-four (34), north; thence west on said township line to the northeast corner of Section four (4), Township thirty-three (33), North of Range three (3) west of Boise Meridian; thence due south on Section lines to the center of the channel of Salmon River; thence up the center of the channel of Salmon River to the mouth of Deep Creek; thence up the middle of the channel of Deep Creek to the mouth of the Right Fork of Deep Creek; thence up the middle of the channel of the Right Fork of Deep Creek to a point where the line between Ranges one (1) and two (2), west of Boise Meridian crosses said Deep Creek; thence due north along said line to the point where the said line crosses Willow Creek; thence down the middle of the channel of Willow Creek to its junction with Lawyer's Canyon; thence down the middle of the channel of Lawyer's Canyon to its junction with the Clearwater River; thence down the middle of the channel of Clearwater River to the mouth of Lolo Creek, the place of beginning; be, and the same is, hereby created and organized into and declared to be the County of Lewis, and for the purpose of fixing the salaries of the County Commissioners, said Lewis County is hereby designated as a county of the third class.

SEC. 3. The Governor of the State of Idaho is hereby authorized and directed to appoint within ten (10) days after this Act shall take effect, for said County of Lewis, three (3) County Commissioners, a Sheriff, a Clerk of the District Court, who shall be ex-officio Auditor and Recorder and ex-officio Clerk of the Board of County Commissioners, a County Treasurer, who shall be ex-officio Public Administrator, a County Assessor, who shall be ex-officio Tax Collector, a Coroner, a Surveyor, a Probate Judge, a County Superintendent of Public Instruction, and a Prosecuting Attorney. The County Commissioners shall forthwith qualify by taking oath before the District Judge of the Second Judicial District of the State of Idaho, and the other officers shall immediately qualify thereafter in the manner provided by law and thereupon enter upon the discharge of their official duties and shall hold their respective offices until their successors are elected and qualified the same as if they had been elected at the regular election of the year 1910.

SEC. 4. The Temporary County seat of said County of Lewis shall be, after the establishment of said County, located at the Village of Nez Perce, Idaho, and at the general election to be held in 1912, a vote, as provided by law, shall be had as to the location of the permanent County Seat of said Lewis County.

SEC. 5. The County Commissioners of said Lewis County shall, within ten (10) days after their appointment and qualification, meet at the said village of Nez Perce and provide a suitable place within the corporate limits of said village, suitable accommodations for the safe keeping of the papers, files, records, and other personal property belonging to said county or connected with any of the officers therein, and for the proper use of the county officers of said county, and for the holding of District Court and for the care and custody of prisoners.

SEC. 6. The bonded indebtedness of the County of Nez Perce, existing at the time this Act takes effect shall be paid by the counties of Nez Perce and Lewis as follows: The County of Nez Perce shall pay an amount of such indebtedness equal to the value of the property belonging to and remaining permanently within the County of Nez Perce after the creation of Lewis County, including county buildings, court house, jail, fixtures, vaults, furniture, poor farm, buildings and improvements thereon, together with all real and personal property so belonging as aforesaid to Nez Perce County, except money, credits and unpaid taxes, which value shall be ascertained in the manner hereinafter provided, less the value of all similar and corresponding property falling within the County of Lewis. Of the balance of such bonded indebtedness the Counties of Nez Perce and Lewis shall each pay an amount in proportion to their respective valuation as shown by the general assessment for their proportion of the property within their own counties, subject to the valuation or assessment for the year 1910. And the County of Nez Perce shall own and retain all such property remaining permanently within its boundary, after the creation of Lewis County, and such property remaining within the boundaries of Lewis County, after its creation, shall in like manner belong to and be retained by Lewis County.

The floating indebtedness of Nez Perce County existing at the time of the creation of Lewis County, as represented by outstanding warrants and orders unpaid, shall be paid as follows: All money belonging to Nez Perce County in the possession of, or under the control of the Treasurer or other officers of said County, including all unpaid taxes

levied prior to the creation of Lewis County, except school and road districts, village or other municipal funds, shall be paid or applied upon said outstanding and floating indebtedness represented by such unpaid warrants or orders, and, if sufficient to pay the same, the remainder of such moneys, credits and taxes shall be divided, distributed and apportioned between the Counties of Nez Perce and Lewis upon the basis of their respective valuation, as heretofore provided. If said moneys, credit and taxes shall be insufficient to pay said floating indebtedness, such deficiency shall be met, provided for and paid by said Counties in proportion to their respective valuation as follows: The County Commissioners of Lewis County shall, at their first regular meeting, cause county warrants to be drawn in favor of Nez Perce County and deliver to the County Treasurer of Nez Perce County in payment of the amount of such floating indebtedness due from Lewis County, as hereinafter provided to be ascertained, and Nez Perce County shall then pay the entire amount of such outstanding indebtedness, and Lewis County shall be released therefrom.

SEC. 7. For the purpose of ascertaining the value of the property belonging to each of the Counties of Lewis and Nez Perce, and the proportion of the indebtedness of the County of Nez Perce to be met and paid by each of said Counties, the Board of County Commissioners of said Counties, at the first meeting next following the establishment of Lewis County, shall each appoint a competent Appraiser, who shall, within five (5) days after their appointment, meet at the County Seat of Nez Perce County and take the usual oath of office and proceed then and there to estimate and appraise and honestly and impartially determine the present value of the county buildings, jail, court house and permanent fixtures, furniture, safes, vaults and all other personal and real property belonging to or remaining permanently within the County of Nez Perce, as well as any similar and corresponding property falling within the territory of Lewis County and to make and file with the Board of County Commissioners of each of the counties a report and certificate of such appraisal, in writing, over their respective signatures; and such appraisal, when so made and certified, shall be final and conclusive and be such evidence of the same; Provided: That, if such appraisers cannot agree as to the value of the counties' property and the things to be determined by them, the Governor shall appoint one disinterested citizen of Idaho, who shall be neither a resident of, nor an owner of taxable property in either of the counties interested, who, after taking the

same oath of office, shall act with the said appraisers, and the concurrence of a majority of said Board of three, thus constituted, in such report and certificate shall be decisive. In making such appraisal, said appraisers shall consider the cost of such county buildings and other property and allow for subsequent wear and depreciation thereof, and determine the present value thereof to the Counties.

SEC. 8. Said Appraisers shall also, at the same time and place, together with one appointed by the Governor if necessary, itemize, ascertain and determine all the moneys, credits and funds, including an estimate of unpaid delinquent taxes as heretofore levied, in the County Treasurer's hands or in the hands of any of the officers, belonging to Nez Perce County, at said time, or likely to come into his or their hands hereafter, exclusive of all funds belonging to school and road districts, village and all other municipalities located within either of said counties, as shown by the books in the Auditor's and Treasurer's offices of Nez Perce County, and also to determine the amount of floating indebtedness of Nez Perce County at said time, as represented by unpaid outstanding warrants and orders, and shall make and file a report and certificate showing the same, in the same manner and with like effect, as in the case of the bonded indebtedness. Said Appraisers shall be allowed a reasonable compensation for all of their services rendered under the provisions of this Act to be audited and allowed by the Board of County Commissioners of each County equally.

SEC. 9. All moneys and funds in the hands of the County Treasurer or any other officers of the County of Nez Perce at the time of the creation of Lewis County belonging to any school or road district, village or other municipality, located within the County of Lewis, shall not be taken into consideration in making the appraisement provided for hereinbefore, but the same shall be paid over to the Treasurer of the County of Lewis to the credit of such school or road district, village or other municipality, within thirty (30) days after the creation of Lewis County, and all money and funds coming hereafter into the hands of the Treasurer or any other officers of Nez Perce County from the delinquent and unpaid taxes levied prior to the creation of Lewis County, or from any other source belonging to any school or road district, village or other municipality located within the County of Lewis, shall be immediately paid to the Treasurer of Lewis County for the benefit and to the credit of such school or road district, village or municipality.