Did you Know?

That the following act was approved at the Thirteenth Session of the Idaho Territorial Legislature:

IDAHO COUNTY - ASSAY – FALSE

An Act to provide a punishment for making false assay and for other purposes.

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

Section 1.  Any person, association or corporation, or the agent of any person, association or corporation, engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing ores, who shall keep or use any false or fraudulent scales or weights for weighing ore, or who shall keep or use any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not exceeding one thousand (1000) dolloars, or by imprisonment in the county jail for a term of not more than one year, nor less than one month, or by both such fine and imprisonment.

Section2.  Any person, corporation or association, or the agent of any person, corporation or association, engaged in the milling, sampling, concentrating, reducing, shipping or purchasing of ores in this Territory, who shall in any manner knowingly alter or change the true value of any ores delivered to him or them, so as to deprive the seller of the result of the correct value of the same, or who shall issue any bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value, and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, shall issue a bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who by any secret understanding or agreement with another shall issue a bill of sale or certificate of purchase that does not truthfully and correctly set forth the weight, assay value and total amount paid for any lot or lots of ore purchased by him or them, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as provided in Section 1 of this act.

Section 3. In all cases where two or more persons shall associate themselves together for the purpose of obtaining the possession of anylode, gulch, or placer claim, then in the actual possession of another, by force and violence, or by stealth, and shall proceed to carry out such purpose by making threats against the party or parties in possession, or who shall enter upon such lode or mining claim for the purpose aforesaid, or who shall enter upon or into any lode, gulch, placer claim, quartz mill or other mining property, or, not being upon such property, but within hearing of the same, shall make any threats, or make use of any language, signs or gestures, calculated to intimidate any person or persons at work on said property from continuing to work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending shall be deemed guilty of misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five hundred (500) dollars, and be imprisoned in the county jail not less than thirty days nor more than six months.  On trials under this section, proof of a common purpose of two or more persons to obtain possession of property as aforesaid, or to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same; but in case it shall appear upon the trial of any person arrested under this section that he is lawfully entitled to the possession of such claim, he shall be deemed not guilty of the offense charged against him.

Section 4.  This act shall take effect and be in force from and after its passage.

Approved February 5, 1885

 

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