SEC. 9. It shall be the duty of the trustees to visit the school or schools in their district from time to time. They shall conform in the selection of schoolbooks and system of teaching, to the rules prescribed by the territorial board of education, and when a teacher experiences difficulty in the government of a school, it shall be his duty to report the case of disorderly scholars to the trustees, who shall decide how such scholars shall be punished, or whether they shall be discharged from school.

SEC. 10. School trustees shall have the power to discharge any school teacher for any neglect of duty, or any cause that, in their opinion, renders his or her services unprofitable as a teacher, by first paying for what time he or she may have been engaged in teaching.

SEC. 11. There shall be an annual school meeting held in each district, upon the second Monday in April. All annual and special district meetings shall be advertised at least ten days previous to the holding of such meeting, by posting up notices in three of the most public places in the district.

SEC. 12. The school trustees of each district shall appoint a census marshal on the first Monday of July in each year, who shall proceed immediately after he shall be appointed, to take, in a book kept for that purpose, a correct enumeration of all the children in his district, between the ages of four and twenty-one years, entitled to attend the district school. For such enumeration he shall receive such compensation as may be allowed him by the trustees, and upon the presentation of such certificate to the county superintendent, the superintendent shall draw an order on the county treasurer for the payment of the same, which shall be paid out of any funds in the county treasury not otherwise appropriated.

SEC. 13. After the census marshal shall have finished his enumeration he shall report the same to the trustees of his district, who shall file the same and report therefrom to the county superintendent in their annual report.

SEC. 14. It shall be the duty of the board of county commissioners of the several counties to fill the various offices provided for in this act, by appointment, until the next general election: provided, that nothing in this section shall be so construed as to interfere with any such officers who have been elected at the last general election.

SEC. 15. This act shall take effect from and after its approval by the governor.

APPROVED, December 17th, 1864.

CHAPTER VII.

AN ACT

FOR SECURING LIENS TO MECHANICS AND OTHERS.

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

SECTION 1. All artisans, builders, mechanics, lumber merchants, and all other persons performing labor or furnishing material to the amount of twenty-five dollars, for the construction or repairing of any building or other superstructure, shall have a lien on such building or superstructure for the work and labor done or material furnished by each, respectively.

SEC. 2. Every person wishing to avail himself of the benefits of this act shall file in the county recorder's office, which shall be by him recorded in a book to be kept for that purpose, of the county in which such building or superstructure is situated, within sixty days after the completion of such building or superstructure, a just and true account of the demands due him, after deducting all proper credits and offsets, and shall verify such account by his own oath or the oath of some other person, and shall also file at the same time a correct description of the property to be charged with said lien. If such lien is claimed by a sub-contractor, journeyman, or any other person except the contractor performing labor or furnishing material, the account aforesaid shall be filed within thirty

days after the work was done or the materials were furnished by him; and within five days after the filing of said account as aforesaid, he shall serve a copy thereof on the owner of such building or superstructure, or on the agent of such owner, if the latter resides out of the county in which such building or superstructure is situated, by delivering the same to him personally or by leaving it at his usual place of residence. If such owner does not reside within the county, and has no agent therein, service of the copy aforesaid may be made by posting the same in a conspicuous place on the building or superstructure to be charged with such lien.

SEC. 3. Every sub-contractor, journeyman, laborer, or other person performing labor or furnishing materials, shall, under the provisions of this act, have a valid lien upon the building or superstructure on which such labor was performed, or for which such materials were furnished, regardless of the claim of the contractor against the owner of such building or superstructure; but if any money be due, or is to become due under the contract, from said owner to said contractor, on being served with a notice by such sub-contractor, as provided in the last preceding section, said owner may withhold out of the money first due, or to become due under the contract, a sufficient sum to cover the lien claimed by such subcontractor, journeyman, laborer, or other person performing the labor, or furnishing the materials, until the validity thereof shall have been established by proper legal proceedings, if the same be contested; and if so established, the amount thereof shall be a valid offset to that extent in favor of the owner against the contractor; and after such notice shall have been properly served upon such owner or owners, in case of failure to comply with the provisions of this section, then such sub-contractor shall have power to sue and recover from such owner or owners, whatever amount he may have lost by such failure. No attachment served on the funds in the hands of the owner of such building or superstructure, for claims other than expressed in this act, shall lie against the liens created by this act, nor shall such owner be held or legally bound to answer such attachment, until all claims under the contract, or liens created by this act shall first be satisfied.

SEC. 4. The land upon which any building or superstructure shall be erected, together with a convenient space around the same, or so much as may be necessary for the convenient use and occupation of the premises, shall also be subject to the liens created by this act, if, at the time the labor was commenced, or the first of the materials were furnished, the land belonged to the person who caused the said building or superstructure to be erected. But if such person owned less than a fee simple estate in said land, then only his interest therein shall be subject to such lien; and the liens created by this act shall be preferred to every other lien or

incumbrance which shall have attached upon said property subsequent to the time at which the work was commenced or the first of the materials were furnished, and also, to all mortgages and other incumbrances not recorded at the time such work was commenced, or the first of the materials were furnished; but nothing herein contained shall be construed as impairing any incumbrance upon the said land duly made and recorded before such work was commenced, or the first of such materials were furnished.

SEC. 5. The account required to be filed by the second section of this act, shall specify that it is the intention of the holder thereof to claim a lien upon the premises sought to be charged therewith, and it shall be the duty of the county recorder to file and record such notice and account, in a separate book to be provided for the purpose, and from the time of such filing, all persons shall be deemed to have notice thereof.

SEC. 6. No such lien shall bind any building or superstructure for a longer period than six months after filing the same, unless suit be brought in a proper court within that time to enforce the same, or, if a credit be given, then within six months after the expiration of the credit; but no lien shall be continued in force for a longer time than two years from the time the work is completed, or the material furnished, by an agreement to give credit.

SEC. 7. Said liens may be enforced by suit in any court of competent jurisdiction, on setting forth in the complaint the particulars of such demand, with a description of the premises sought to be charged with said lien; and at the time of filing the complaint and issuing summons, the plaintiff shall cause a notice to be published at least once a week for three consecutive weeks in some newspaper published in the county, if there be one, and if not, then in such mode as the court shall direct, notifying all persons holding or claiming liens under the provisions of this act, on said premises, to be and appear in said court on the day specified therein, and to exhibit then and there the proof of said liens. On the appointed day, the court shall proceed to hear and determine the said claims in a summary way, or may refer the same to a referee to ascertain and report upon said liens and the amount justly due thereon; and all liens not so exhibited and proved shall be deemed to be waived in favor of those which are so exhibited. On ascertaining the whole amount of said liens with which said premises are justly chargeable as hereinafter provided, the court shall cause said premises to be sold in satisfaction of said liens and costs of suit, and any party in whose favor such judgment may be rendered, may cause the premises to be sold within the time and manner provided for sales on execution at law; and if the proceeds of such sale be not sufficient to satisfy the whole of such liens established as aforesaid, then the same shall be apportioned according to the rights of the several parties.

SEC. 8. Nothing herein contained shall be construed to take away, or effect in any manner, any action which any such contractor, laborer, subcontractor, or other person performing labor, or furnishing materials for such building or superstructure, would otherwise have against his employer.

SEC. 9. The holder of such lien, filed as aforesaid, on payment thereof shall enter satisfaction of the same on record, at the request of any one interested in the property charged with the lien, within ten days after the request, on the payment of the costs of such entry, and on failure to enter such satisfaction, he shall forfeit and pay to the party aggrieved the sum of fifty dollars per day until such satisfaction shall be entered, to be recovered in the same manner as other debts are recovered.

SEC. 10. When any person shall make an express contract in writing, with the owners of any lot or lots, in any city or town, or with the person or persons who were at the time of such contract in the actual possession of such lot or lots, by himself or themselves, or by his or their tenant or tenants, under bona fide claim of ownership, to grade, fill in, build upon, or otherwise improve the same, or the street in front of and adjoining the same, and shall go on and complete the said grading, filling in, or improving said lot or street adjoining the same, it shall be considered an improvement on said lot or lots, and he or they shall have a lien upon such lot or lots, for the amount contracted to be paid; and all the provisions of this act, respecting the mode of recording, securing, and enforcing mechanics' liens shall apply thereto.

make an express contract

SEC. 11. When any person or persons in writing, with the owner or owners of any tract or tracts of land, or with the person or persons who were at the time of such contract in the actual bona fide possession of such tract or tracts of land, by himself or themselves, or tenant or tenants, to cut and cord the timber growing or being thereon, or any portion thereof, or for the purchase of said timber or any portion thereof, to be paid for when the same shall be cut and corded, and shall go on and complete such contract, he or they shall have a lien on such wood so cut and corded, for the amount contracted to be paid, and may hold, take, and retain possession of such wood until such contract price shall be paid, and if not paid within one month after the contract shall be completed, or work done, or purchase made as aforesaid, then all the provisions of this act, respecting the mode of securing and enforcing mechanics' liens, shall apply thereto.

SEC. 12. When any person or persons shall make an express contract in writing with any organized or incorporated mining company, or with the owner or owners of any lode or lodes of gold or silver-bearing quartz, or of any other metal of value, or with the person or persons who were at the time of such contract in the