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tice, *** and such added costs shall be deemed to be fees and shall be deposited in the treasury as such.

SEC. 21. Section 143 of Chapter 133 of the Compiled Laws is amended to read as follows:

"133:143. EFFECT OF TAX DEED AS EVIDENCE. The matters recited in the delinquency entry must be recited in the deed, and such deed duly acknowledged or proved is prima facie evidence that:

1. The property was assessed as required by law.

3.

4.

2. The property was equalized as required by law. The taxes were levied in accordance with law. The taxes were not paid.

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5. At a proper time ** the delinquency entry was made as prescribed by law, and by the proper officer.

6. The property was not redeemed.

7. The person who executed the deed was the proper officer.

8. Where the real estate was sold to pay taxes on personal property that the real estate belonged to the person liable to pay the tax.

SEC. 22. All delinquency certificates heretofore issued to the county auditor in trust for the county are hereby transferred and assigned to the tax collector in trust for the county, who shall with respect to the collection thereof, perform all the duties heretofore imposed upon the auditor. The auditor shall charge the tax collector with the amount due thereon in the same manner as herein provided for the delinquency entries, and credit him with payments and redemptions made thereon, and at such time shall spread a record of the certificates so transferred, upon the minute book of the Board of County Commissioners.

SEC. 23. Delinquency certificates heretofore issued and all subsequent proceedings relating thereto, except as provided in the preceding section, are governed by the laws existing prior to the taking effect hereof, and all such former laws are continued in force for such purpose, notwithstanding the repeal herein.

SEC. 24. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 25. An emergency existing therefor, this act shall be in force from and after its passage and approval.

Approved March 17, 1919.

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CHAPTER 78.

(H. B. No. 195.)

AN ACT

TO AMEND SECTION 213 OF CHAPTER 38 OF THE COMPILED LAWS OF IDAHO.

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

SECTION 1. That Section 213 of Chapter 38 of the Compiled Laws of the State of Idaho be, and the same is hereby amended to read as follows:

Section 213: The board of trustees of any independent district may, whenever two-thirds (2/3) of the board so decide, submit to the qualified electors of the State of Idaho, who are resident freeholders or householders of the district, at an election to be held for that purpose and to be called and conducted as other school elections in said district, the question whether the board shall be authorized to issue the negotiable coupon bonds of the district in an amount to be mentioned in the notice of election, not to exceed six (6) per cent. of the assessed valuation of the property in said district, for the purpose of providing and improving school houses and grounds and furniture, apparatus, and fixtures for said district, or for any or either of said purposes; and if at such election two-thirds (2/3) of the qualified electors of said district voting at said election assent thereto, the board of trustees may issue such bonds of the district to the amount and for the purpose designated in said notice, which bonds shall be in all respects similar to, and shall be signed, negotiated, registered, bear interest and be made payable as the bonds provided for in the last preceding section; and no bond shall be sold for less than its par value, and the proceeds thereof must be devoted to the purposes mentioned in said notice.

SEC. 2. An emergency existing therefor, this act shall be in force and take effect from and after its passage and approval.

Approved March 12, 1919.

CHAPTER 79.

(H. B. No. 165.)

AN ACT

APPROPRIATING THE SUM OF $119,456.00 OUT OF THE GEN

ERAL FUND OF THE STATE FOR THE RECLAMATION OF
STATE LANDS WITHIN THE GEM IRRIGATION DISTRICT
IN OWYHEE COUNTY; AUTHORIZING THE STATE
BOARD OF LAND COMMISSIONERS TO EXPEND THE
SAME FOR THE RECLAMATION OF SAID STATE LAND;
PROVIDING FOR THE REPAYMENT OF THE SAME AND
DECLARING AN EMERGENCY.

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

SECTION 1. There is hereby appropriated out of the general fund of the State not otherwise appropriated the sum of $119,456.00 or so much thereof as may be necessary, which sum of money shall be expended by the State Board of Land Commissioners for the purpose of aiding in the reclamation of State Lands amounting to approximately 9,905.3 acres, lying within the Gem Irrigation District in Owyhee County.

SEC. 2. When the Treasurer of said Gem Irrigation District shall present his claim to the State Board of Land Commissioners for said sum of money for the purpose in this act provided he shall accompany such claim with certified copies of levies of assessments against the lands of the said District made by the Board of Directors thereof, which shall show the amount which must be paid by the lands owned by the State within such Irrigation District, in order that said State lands may carry their just proportion of the cost of construction charges and up-keep of the Irrigation System constructed by the District for the reclamation of the lands within its boundaries, including said State lands. The said State Board of Land Commissioners shall thereupon examine said claim and shall approve the same for such sum as it shall find to be the just amount which should be paid on the State lands within said District, in order that said lands may bear their proper share of the assessment or assessments so certified. The moneys hereby appropriated shall be kept in a separate fund to be known as the "Gem Irrigation District State Land Reclamation Fund," and the State Auditor is hereby authorized to draw his warrant on said fund payable to the said Treasurer of the said Gem Irrigation District for such sum as shall be approved by the State Board of Land Commissioners and allowed by the State Board of Examiners.

SEC. 3. Any moneys so paid to said Irrigation District as by this Act provided shall be charged by the State Board of Land Commissioners against the State lands within said District to be repaid as herein provided.

SEC. 4. Before any such land shall be offered for sale, the State Board of Land Commissioners shall cause said land to be appraised, showing separately the value of said land without any water rights, ditches, or other improvements affected or made by said District, and also showing separately the value of the water rights, ditches or other improvements or the proportion thereof pertaining to such lands and the legal subdivisions thereof and said lands shall be offered for sale and sold with the water rights, ditches and other improvements, or the proportion thereof pertaining to said lands included.

Before the proceeds of the sale of any tract of land are placed in the fund where such proceeds properly belong, the amount of money represented by the appraised value of the water rights and water improvements aforesaid pertaining to said land shall be deducted from the proceeds of said sale and replaced in the general fund of the State to reimburse said fund for the amount expended by the State toward the reclamation of said lands; PROVIDED, that when said lands are sold to be paid for in installments, such proportion of each installment shall be replaced in the said general fund as the appraised value of said water right improvements bears to the total price, including said water right improvements, for which said lands are sold.

PROVIDED, FURTHER, that no reduction shall be made from said proceeds that shall reduce the same below the appraised value of said lands without any water rights or water right improvements, or shall reduce the same below the price of $10.00 per acre.

SEC. 5. All acts and parts of acts in conflict herewith are hereby repealed to the extent of such conflict.

SEC. 6.

An emergency existing therefor which is hereby declared, this act shall take effect and be in force from and after its passage and approval.

Approved March 17, 1919.

CHAPTER 80.

(H. B. No. 166.)

AN ACT

APPROPRIATING THE SUM OF $25,000 FOR THE PURPOSE OF HELPING DEFRAY EXPENSES OF DRAINAGE, WIDENING, AND CLEANING THE CHANNEL OF THE SPOKANE

RIVER AT THE OUTLET OF COEUR D'ALENE LAKE IN
KOOTENAI COUNTY IN THE STATE OF IDAHO, PROVID-
ING HOW SAID APPROPRIATION SHALL BE SPENT, AND
FOR OTHER PURPOSES, AND DECLARING AN EMERG-
ENCY.

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

SECTION 1. That the sum of $25,000 is hereby appropriated out of any moneys in the general fund of the State Treasury not otherwise appropriated, for the purpose of helping defray expenses of drainage, widening, and cleaning out the channel of the Spokane River at its outlet of Coeur d'Alene Lake, Kootenai County, Idaho, to provide for the carrying away of flood waters and relieving approximately 30,000 acres of land situated in Kootenai and Benewah Counties, State of Idaho, from serious overflow, said sum to be apportioned to drainage districts No. 4 and No. 6, situated in Kootenai and Benewah Counties, respectively, said sum to be apportioned to drainage districts No. 4 and No. 6, respectively, in proportion to the benefits assessed against said districts under order of the Court.

SEC. 2. WHEREAS an emergency existing therefor this Act shall be in force and effect from and after its passage and approval.

Approved March 17, 1919.

CHAPTER 81.

(S. B. No. 179.)

AN ACT

IN RELATION TO THE LAND DEPARTMENT OF THE STATE; PROVIDING FOR THE EXERCISE OF THE CONSTITUTIONAL FUNCTIONS OF THE STATE LAND BOARD THROUGH THE INSTRUMENTALITY OF THE DEPARTMENT OF PUBLIC LANDS; CREATING THE DEPARTMENT OF PUBLIC LANDS; PRESCRIBING THE POWERS AND DUTIES OF THE STATE LAND BOARD, PROVIDING FOR ITS PRESIDENT, QUORUM, MEETINGS AND RULES; PRESCRIBING THE POWERS AND DUTIES OF THE LAND COMMISSIONER; PRESCRIBING THE ORGANIZATION OF THE DEPARTMENT OF PUBLIC LANDS, ITS POWERS AND DUTIES, ITS CO-ORDINATION AND INTERRELATION WITH OTHER DEPARTMENTS; PROHIBITING LAND OFFICIALS FROM BUYING STATE LANDS; REPEALING

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