Hj-nn inj UTJTJTJTJXTLrLr UTJTJTJTJXTTJTJ UT-flJ1 ITJTjTJ VUTJTJTJTJTJLTLf J1JTJTJTJTJT-TU UTJTJlJXTLTLTLr ATL^ LAWS OF THE Territory of Ui tab, PASSED AT THE Twenty-ninth Session of the Legislative Assembly, HELD AT The City of Salt Lake, the Capital of said Territory , Commencing January 13, A. D. 1890, and Ending March 13, A. D. 1890. PUBLISHED BY AUTHORITY, i ^UTT SALT LAKE CITY: The Deseret News Company. 1890. JTJTJTATLnJTArLJTJTJTJTJLrLri PJTJTJTTUTJTArUlJ-LTlJTJTJTri JTAAJTJlJTJL/lJTArLJTJTJTJTJTJTJT UTij uir uu-Lnnin jtju mAnjTXLTLru inAnjum ru mjrnjxrLrLrii uxrLrinrLru a utjtjtjtjijtjtj urrmAn-n.ru ■LrumnjTr I LAWS OF THE Territory of Utah , PASSED AT THE Twenty-ninth Session of the Legislative Assembly, HELD AT The City of Salt Lake , the Capital of said Territory , Commencing January 13 , A. D. 1890, and Ending March 13, A. D. 1890. PUBLISHED BY AUTHORITY. SALT LAKE CITY: The Deseret News Company. 1890. Digitized by the Internet Archive in 2019 with funding from ^ Brigham Young University https://archive.org/details/lawsofterritoryo90utah FEDERAL OFFICERS OF UTAH TERRITORY. governor: ARTHUR L. THOMAS. secretary: ELIJAH SELLS. JUDGES OF THE SUPREME COURT: Chief Justice'. CHARLES S. ZANE. Associate Justices: T. J. ANDERSON, H. P. HENDERSON, J. W. BLACKBURN. UNITED STATES MARSHAL: E. H. PARSONS. UNITED STATES ATTORNEY: C. S. VARIAN. ASSISTANT UNITED STATES ATTORNEY: E. B. CRITCHLOW. SURVEYOR general: E. DAGGETT. REGISTER OF THE LAND OFFICE: F. D. HOBBS. RECEIVER OF PUBLIC MONEYS: HOYT SHERMAN, JR. UNITED STATES DEPUTY REVENUE COLLECTOR! T. C. BAILEY. AMENDMENTS TO THE COMPILED LAWS OF 1888. The following sections of the Compiled Laws of 1888 were amended at the twenty -ninth session of the Utah Legislature : VOLUME I. Sec. 10 Sec. 1906 Sec. 2084 Sec. 2200 Sec. 2212 Sec. 2223 76 1907 2092 2202 2213 2224 145 1908 2114 2203 2214 2225 184 1941 2115 2204 2215 2226 1824 2008 2116 2205 2216 2227 1825 2012 2119 2206 2217 2228 1826 2013 2160 2207 2218 2229 1828 2023 2169 2208 2219 2230 1835 2027 2170 2209 2220 2231 1892 2030 2198 2210 2221 2232 1902 2043 2199 2211 2222 2236 1903 VOLUME II. Sec. 2268 Sec. 2360 Sec. 2825 Sec. 3303 Sec. 3790 Sec. 4469 2272 2411 2955 3304 3806 4622 2273 2531 2956 3388 3820 4631 2277 2532 2957 3529 4165 4643 2320 2533 3200 3750 4455 4677 2323 2591 3301 3754 4457 5274 2349 2805 3302 3788 All laws in conflict or inconsistent with the following acts are repealed: PAGE. An act relating to interest . . 18 An act to provide for the protection of fish, etc., . 24 An act to secure liens to mechanics and others . . . 32 An act to provide for the assessing and collecting of taxes on transient stock . 65 All laws providing for precinct poundkeepers and prescribing their duties 85 An act to secure to ranchmen, tavern-keepers and other persons liens on personal property . 87 An acc for the protection of game and birds . 92 An act authorizing probate courts to grant orders without publication of “ “notice . 109 An act to provide for a uniform system of free schools throughout Utah Territory . 135 TABLE OE CONTENTS PAGE. CHAPTER I. Contingent Expenses . , . . . 1 CHAPTER II. Defective Titles . 1 CHAPTER III. Reform School . 2 CHAPTER IV. Chattel Mortgages . . 2 CHAPTER V. Highways . 3 CHAPTER VI. Railroad Corporations . 3 CHAPTER VII. Trial by Referee . . 4 CHAPTER VIII. Probate Procedure . 4 CHAPTER IX. J u stices* C ou rts . 5 CHAPTER X. Townsites . 5 CHAPTER XI. Branding and Herding Cattle . 6 CHAPTER XII. Building and Loan Associations . 7 CHAPTER XIII. Penal Code . 12 CHAPTER XIV. Irrigation Companies . 12 CHAPTER XV. Division Fences . 13 CHAPTER XVI. Changing Boundaries of Sanpete and Sevier Counties . 13 CHAPTER XVII. Territorial Treasurer . 14 VI. CONTENTS. CHAPTER XVIII. PAGE. Cement . 14 CHAPTER XIX. Destruction of Certain Wild Animals . 15 CHAPTER XX. Highways . 16 CHAPTER XXI. Injunctions . 16 CHAPTER XXII. Bees . 17 CHAPTER XXIII. Interest . 18 CHAPTER XXIV. Regulating Marriage . . . 18 CHAPTER XXV. Contracts . 19 CHAPTER XXVI. University . 19 CHAPTER ^VII. Release of Dower . 19 CHAPTER XXVIII. Irrigation . . ... . 21 CHAPTER XXIX. Fish and Game Commissioners . 21 CHAPTER XXX. Liens for Mechanics and Others . 24 CHAPTER XXXI. Bounties . 32 CHAPTER XXXII. Train Dispatchers . 34 CHAPTER XXXIII. Railroad Consolidation . 35 CHAPTER XXXIV. Insane Asylum . 35 CHAPTER XXXV. Intoxicating Liquors . 36 CHAPTER XXXVI. Notice for Rent . 37 CHAPTER XXXVII. Mines . . . 37 CHAPTER XXXVIII. Contagious Diseases . 40 CONTENTS. YU. CHAPTER XXXIX. PAGE. Appropriations . . 42 CHAPTER XL. Revenue . . . 50 CHAPTER XLI. Municipal Charters . 54 CHAPTER XLII. Assessing and Collecting Taxes . 64 CHAPTER XLIII. Bureau of Statistics . . 66 CHAPTER XLIV. Territorial Bonds . . . 68 CHAPTER XLV. Private Corporations . . 71 CHAPTER XL VI. Usurpation of Office . . . 72 CHAPTER XLVII. Civil Actions . 73 CHAPTER XL VIII. Equalization of Taxes . . 73 CHAPTER XLIX. County Recorders to Furnish Abstracts of Mortgagesto Assessors... 76 CHAPTER L. Laying Out and Platting Towns . 76 CHAPTER LI, Entry Book to be Kept by County Recorder . 77 CHAPTER LII. Railway Companies to Maintain Fences and Cattle Guards . 78 CHAPTER LIII. Chair of Geology and Mineralogy in Deseret University . 78 CHAPTER LIV. Organization and Disincorporation of Towijs. . 79 CHAPTER LV. Trespassing Animals . 82 CHAPTER LVI. Liens to Protect Ranchmen, Tavern keepers and Others . 85 CHAPTER LVII. Forms for Deeds and Mortgages, aud Cancellation of Mortgages . 88 CHAPTER LVIII. World's Fair Commissioners . 91 CHAPTER LIX. Protection of Game and Birds . 91 Vlll. CONTENTS. CHAPTER EX. page. Grand County . 92 CHAPTER EXI. Changing Boundary of Emery County . 94 CHAPTER EXII. Penal Code Relating to Murder, Etc . . . 94 CHAPTER LXIII. Fugitives From Justice . 95 CHAPTER LXIV. County Court Ignoring Probate Judge . . . 96 CHAPTER EXV. N arcotics . 96 CHAPTER LX VI. Reform School . 97 CHAPTER EXVII. Territorial Library . 98 CHAPTER LXV1II. Jurors, Witnesses, Phonographic Reporters and Commissioners . 101 CHAPTER LXIX. Relief of Cities and Towns on Public Lands . 106 CHAPTER LXX. Loan, Trust and Guaranty Associations . 106 CHAPTER LXXI. Probate Courts . 109 CHAPTER LXXII. Schools . H9 CHAPTER LXXI II . Joint Resolution — Minute Clerks . 136 CHAPTER LXXIV. J oint Resolution — Utah Reports . 136 CHAPTER LXXV. Joint Resolution — Compiled Laws . 137 MEMORIALS TO CONGRESS. Fourth Judicial District . 138 Protest Against Removal of Ute Indians to Utah . — . 139 Federal Building at Salt Lake City, Utah . 140 Federal Building at Ogden, Utah . . . . 141 Deep Harbor . 141 In Aid of Irrigation . 142 Public Park . ... . 143 Relating to School Lands . 143 Legislative Session Utah Legislature.. . .... 144 LAW S OF THE Territory of* XJtat), PASSED AT THE TWENTY-NINTH SESSION OF THE LEGISLATIVE ASSEMBLY. CHAPTER I. CONTINGENT EXPENSES. AN ACT to provide for the payment of the contingent expenses of the Twenty -ninth Session of the Legislative Assembly of the Territory of Utah. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the sum of twelve hundred dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated out of the funds of the territorial treasury, for the purpose of defraying the con¬ tingent expenses of the twenty-ninth session of the Legisla¬ tive Assembly; and the auditor of public accounts shall draw his warrant on the treasurer for such money, or any portion thereof, upon the request in writing of the President of the Council and Speaker of the House of Representatives. Sec. 2. This act shall take effect from and after its approval. Approved January 29, 1890. CHAPTER II. DEFECTIVE TITLES. AN ACT to validate and make admissible in evidence certain deeds, con¬ veyances, mortgages, powers of attorney, and other instruments affecting title to real estate heretofore recorded in or upon the records of the office of the county recorders of the several counties of this Territory, wherein the same are defectively executed, attested, ac¬ knowledged, certified recorded, or certified of record, except as against subsequent purchasers incumbrancers and assignees. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: * That all deeds, conveyances, Legislative contin¬ gent. 2 LAWS OF UTAH. Defects in titles. Records may be used as evidence. Not to affect title heretofore acquired. Expenses how paid. mortgages, powers of attorney and all other instruments in writ¬ ing affecting the title to real estate, and now copied into the books of record of the office of the county recorders of the several counties of this Territory, shall, after the approval of this act, impart to subsequent purchasers and incumbrancers, and all other persons, notice of all such deeds, conveyances, mortgages powers of attorney and other instruments in writing, so far and to the extent that they are of record as aforesaid, notwith¬ standing any defect, omission or informality existing in the execution, attestation, acknowledgment certificate of ac¬ knowledgment, recording or certificate of recording the same, and all such deeds, conveyances mortgages, powers of attorney and other instruments, and the records or authenticated copies of the records thereof, shall be admissible in evidence, notwithstanding such defects or omissions; Provided , that nothing in this act shall be construed to affect any right or title heretofore acquired by subsequent purchasers, grantees ,or assignees. Sec. 2. This act shall be in force from and after its ap¬ proval by the Governor. Approved February 3, 1890. CHAPTER III. REFORM SCHOOL. AN ACT amending; Section 1906 of the Compiled Laws of Utah of 1888. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 1906, of the Compiled Laws of Utah, of 1888, be, and the same is hereby amended by adding to said section, at the end thereof, the following: And all such expenses when properly certified by the superintendent of the Reform School, shall be paid by the officer who at the time shall be charged by law with the pay¬ ment of witnesses and jurors on the part of the Territory, out of the fund appropriated for the payment of such witnesses and jurors. Approved February 5, 1890. CHAPTER IV. CHATTEL MORTGAGES. AN ACT to amend Section 2805, Compiled Laws of Utah, 1888, relating to Chattel Mortgages. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of*Utah: That Section 2805 of the LAWS OF UTAH, 3 Compiled Laws of Utah 1888, be and the same is hereby amended by striking out the words “one year” at the end of said section and inserting in lieu thereof the words “fifteen months.” Approved February 8, 1890. CHAPTER Y. HIGHWAYS. AN ACT to amend Section 2084 of the Compiled Laws of Utah of 1888, relat¬ ing to Highways. Section 1. Be it enacted by the Governor and Legislative- Assembly of the Territory of Utah: That Section 2084 of the Compiled Laws of Utah of 1888, be and the same is hereby amended so as to read as follows: Sec. 2084. s. 20. Any person who wilfully or care¬ lessly obstructs or injuries any public or other highway ?0b™tnifsfl^aad/ by causing or permitting flow or seepage of water, misdemeanor, or who wilfully or carelessly permits water under his control to escape in any manner, so as to injure any public or other highway, or any person who shall wilfully or carelessly place or leave, or caused to be placed or left, any log, timber, stone, wood or other material, or any machinery, wagon, or other vehicle upon any public or other highway, in such a way as to obstruct the travel, or to endanger property or per¬ sons passing upon such highway, is guilty of a misdemeanor. Approved February 8, 1890. CHAPTER VI. RAILROAD CORPORATIONS. AN ACT amending Sections 2320, and 2323 of the Compiled Laws of Utah, of 1888 relating to railroad corporations. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 2320 of the Compiled Laws of Utah of 1888, is hereby repealed, and the following substituted therefor, namely : Sec. 2320. s. 6. The directors named in said articles of associations, shall meet and organize as a board within twenty ^reotorsjhaiimeet days after having received notice of their election, given by Sr” ™ the treasurer named and designated in the second section of this act, and at the first meeting of the board, after each elec¬ tion of directors, they shall elect from among their number a president and a vice-president, and from the stockholders, a 4 LAWS OF UTAH. Term of office of Directors. Retiring treasurer shall pay oyer •money. ■Notice reduced to .irenty days Trial by referee by giving fifteen days notice to the other party. secretary and treasurer, who may hold office during the pleas¬ ure of the board or until their successors have been elected and qualified; any officer or director may resign by filing with the president or secretary a written resignation; and any vacancy caused by removal, resignation or death shall be filled by the board of directors by election from among their own number, or from the stockholders; the secretary and treasurer before entering upon their duties, shall each give a bond with such security as may be prescribed by the board of directors, which shall be filed with the auditor of public accounts. The temporary treasurer required by the second section of this act, shall pay over all moneys received by him as such treasurer to the treasurer elected by the board of directors, as soon as the latter has qualified. Sec. 2. That section 2323 of the Compiled Laws of Utah of 1 888, is hereby amended by striking out of line four of said Section 2323, the word “thirty” and substituting in lieu thereof the word “twenty.” Approved February 14, 1890. CHAPTER VII. TRIAL BY REFEREE. 9 AN ACT amending Section 3388, of the Compiled Laws? of Utah of 1888 relating to Trial by Referee. Section 1. Be it enacted by the Governor and Legislative Assembly of the territory of Utah: That Section 3388, of the Com¬ piled Laws of Utah of 1888, is hereby amended by adding ’ thereto at the end thereof the following: Any action, proceed¬ ing or matter referred, may be brought on for trial, or hearing before the referee by either party on fifteen days’ notice to the other party, and to the referee, of the time, and place of trial or hearing; subject to such postponements and continuances as might be obtained were the trial before the court or jury. Sec. 2. This act shall take effect from its approval. Approved February 20, 1890. CHAPTER VIII. PROBATE PROCEDURE. AN ACT amending Section 4165 of the Compiled Laws of Utah of 1888 re.- lating to Probate Procedure. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 4165 of the 5 LAWS OF UTAH. Compiled Laws of Utah of 1888, is hereby amended by adding the following: Provided , no order of sale granted in pursuance of this chapter shall continue in force more than one year after granting the same, unless a sale has been made there¬ under. Sec. 2. This act shall take effect upon its approval. Approved March 1, 1890. CHAPTER IX. justices' courts. AN ACT amending Section 3790 of the Compiled Laws of Utah of 1888, relating to the trial of actions in Justices’ Courts for forcible entry, forcible detainer and unlawful detainer. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 3790, of the Compiled Laws of Utah of 1888, be, and the same is hereby amended, by adding to the said section, at the end thereof the following: And provided, further , that whenever for any cause, there is no justice’s court within the precinct in which such property, or some part thereof is situated, an action may be brought in any justice’s court of an adjoining precinct in the same county, if there be a justice’s court in such adjoining precinct, and if not, then in any justice’s court within the county in which such precinct is situated. Sec* 2. This act shall take effect upon its approval. Approved March 3, 1890. CHAPTER X. TOWNSITES. AN ACT to amend Section 2825 Compiled Laws of Utah 1888, pertaining to rules and regulations under the Townsite Act. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 2825, Compiled Laws of Utah 1888, be and the same is hereby amended by add¬ ing to said section at the end thereof the following: Said money shall be drawn for the purposes, before specified, when ordered by the city council or county court as the case may he, in the same manner as other moneys are drawn from said treasuries. Approved March 3, 1890. Duration of order of sale. Providing for ab¬ sence of justices’ courts. Manner of drawing money. 6 LAWS OF UTAH. CHAPTER XI. BRANDING AND HERDING CATTLE. AN ACT amending Section 2202 and repealing Sections 2203, 2204, 2205, 2206, 2207, 2208, 2209, 2210, 2211, 2212, 2213 and 2214, of the Compiled Laws of Utah of 1888, “Relating to branding and herding cattle” and substitut¬ ing in lieu of the sections repealed, new sections to be numbered 2203, 2204, 2205, 2206, 2207, 2208, 2209 and 2210. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 2202 of the Compiled Laws of Utah of 1888/ be and the same is hereby amended b y striking out the words “numbering twenty head o more” in the second and third lines of said section. Sec. 2. Sections, 2203, 2204, 2205, 2206, 2207, 2208, 2209, sections repealed. 2210, 2211, 2212, 2213 and 2214, of the Compiled Laws of Utah of 1888 are hereby repealed and the following sections to be Sections substi- numbered 2203, 2204, 2205, 2206, 2207, 2208, 2209 and 2210 are hereby enacted in lieu thereof. Sec. 2^03. Every person who shall unlawfully or wil¬ fully drive any stock from its range in this Territory without f^vdHvingstociT' the consent of the owner thereof, and shall not within twenty- four hours thereafter, return such stock to the place from whence driven, shall be guilty of a misdemeanor. Sec. 2204. All persons who occasionally slaughter for Hides of slaughtered beef, either for home consumption or other purposes, except ammais t° be ex- iicenseci butchers, sh all preserve and expose in a conspicuous place, the hide of each animal for twenty days next after the killing of such animal. Sec. 2205. It shall be unlawful for any person other than Removal of hide or the owner or his agent or employe or other person duly author- peit from carcasses. jze(^ ^ remove from the carcass the skin, hide or pelt of any neat cattle or sheep found dead. Sec. 2206. The county court of any county when such „ . + court deems it necessary for the public welfare, may appoint appoint detectives. one or more detectives to discover and detect violations oi the stock laws within any such county, and such detectives shall Compensation. be paid from the county treasury such compensation as may be fixed by the county court. The county courts of the several counties of this Territory may offer and pay from the county Rewards. Treasury, rewards for the detection of persons violating the pro¬ visions of this act. Sec. 2207. Any person who shall drive or bring neat cattle, horses, asses, mules, sheep or swine to or through this When deemed a Territory, shall be deemed a drover, and any such drover who shall fail or neglect to carefully examine his herd, after driving amined°anedesxepa- them over any portion of this Territory, and separate and rafed. drive away from his herd all cattle, horses, asses, mules, sheep LAWS OF UTAH. 7 or swine, not branded with his brand, or to the possession ofPenalty which he may not be entitled, shall be guilty of a misdemeanor. Sec 2208. Any person who shall knowingly brand or misbrand, mark or mismark any neat cattle, horses, asses, mules, sheep or swine, not his own, or who shall intentionally Penalty for 0hang- hrand over a previous brand, or in any manner deface or brinds^mwls. obliterate a previous brand, or shall cut out or obliterate a previous mark, on any neat cattle horse, sheep, goat, ass or mule not his own, shall be guilty of* a felony. Sec. 2209. It shall be unlawful for any person to load, during the night time, any neat cattle, horses, sheep or swine, in any railway car in this Territory for the purpose of shipment ahipment0f8t0Ck. over any railway, and it shall be unlawful for any superin¬ tendent, agent or employe of any railway company, to furnish any railway car, for the purpose of loading any cattle, horses, sheep or swine in the night time for shipment over any rail* way in this Territory. Sec. 2210. Any person who shall wilfully do any act prohibited or declared unlawful by this act, or who shall wil- rename*, fully neglect or refuse to do any act herein required, for which punishment is not in this act prescribed, shall be guilty of a misdemeanor. Approved March 8, 1890. CHAPTER XII. BUILDING AND LOAN ASSOCIATIONS. AN ACT to enable Associations of persons to become a body corporate to raise funds to be loaned only among the members of such Association. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That whenever any number XT v of persons not less than five, residents of the Territory, may^1140™0^- desire to become incorporated as a mutual building, loan and homestead association, for the purpose of loaning money Purp°ses- to the members thereof only, and for building and improving homesteads, they shall make a statement to that effect, under their hands and seal, duly acknowledged before some officer in the manner provided for the acknowledgment of deeds, such ™Se1fomi.ent statement shall set forth the name of the proposed corporation, its capital stock, its location,- and the duration of the corpora¬ tion, which statement shall be filed in the office of the clerk of the probate court of the county in which the principal place of business of the corporation is located. The clerk ofqierkto issue said court shall thereupon issue to such persons a license as license- commissioners to open books for subscription to the capital stock of said corporation at such time and place as they may 8 LAWS OF UTAH. determine, but no license shall be issued to two associations having the same name. Sec. 2, As soon as fifty shares or more of the capital stock shall be subscribed, the commissioners may convene a meeting of the subscribers for the purpose of electing direc¬ tors, officers, adopting a charter and by-laws and the trans¬ action of such other business as shall come before them. Notice shall be given by depositing in the post office, properly organization. addressed to each subscriber, at least ten days before the time fixed a written or printed notice, stating the objects, time and place of such meeting. The number of directors and the number and kind of officers of corporations organized under this act, with their respective qualifications and term of office and the time and manner of their election, removal and resig¬ nation shall be as agreed or stated in the charter and by-laws. Sec. 3. The commissioners shall make a full report of commiisioners' re- their proceedings including therein a copy of the notice pro- port- vided for in the foregoing section; a copy of the subscription list, a copy of the charter and by-laws adopted by the associa¬ tion, and the names of the directors and officers elected, and their respective terms of office, which report shall be sworn to by at least a majority of the commissioners, and shall be filed and recorded in the office of the clerk of the said probate court, said clerk shall thereupon issue a certificate of the complete organ¬ ization of the corporation, making a part thereof a copy of all papers filed' in his office in and about the organization of the corporation, including a copy of the license issued as provided for in Section 1 of this act, and duly authenticated under his hand and seal of said court, which certificate and papers shall be filed in the office of the secretary of the Territory, who TeSr^to te shall thereupon issue to said association a certificate of incor- certiAcates. poration under the great seal of the Territory in the manner and form prescribed in Section 14 of this act which certificate of incorporation shall be evidence of the due incorporation of the association. Upon the issuance of such certificate of incor¬ poration, the corporation shall be deemed fully organized and may proceed to business, and unless such company shall be organized and proceed to business as provided in this act men license is within two years after the date of such license, the license and all proceedings thereunder shall be void. Sec. 4. Corporations formed under this act shall be period of existence, bodies corporate for the period of not less than ten, nor more powers. than fifty years, may sue and be sued; may have a common seal. seal which they may alter or renew at pleasure. Sec. 5. The corporate powers shall be exercised by a board of directors elected by and from the stockholders at their annual meeting who shall qualify as required by Election of directors Section 2270 of the Compiled' Laws of Utah 1888. Provided , the number of directors shall not be increased or dimin¬ ished, nor the term of office changed, without the consent of 9 LAWS OF UTAH. the owners of two-thirds of the; shares of stock. The officers officer8, of the company shall consist of a president, a vice-president, a treasurer, and a secretary, who shall be elected by the stock- Howelected holders at such annual meeting from the members of such board and as provided in the charter or by-laws of the association. Provided ; further that the secretary only shall be entitled to such compensation as may be determined by the Compensation- board of directors, and provided , further that the. treasurer and secretary shall give bonds, with at least two sufficient sureties to be approved by the board of directors, which shall be filed with the clerk of said court. Sec. 6. The shares of stock shall be one hundred dollars Vaiue 0f shares, each, and shall be deemed personal property transferable upon the books of the company in such manner as may be provided Transfers, by the by-laws, and subscriptions therefor shall be made pay- #f able to the corporation and shall be payable in such period- “ent. ical instalments, and at such time or times as shall be deter¬ mined by the charter and by-laws; but no periodical payment to be made exceeding two dollars on each share; and every share of stock shall be subject to a lien for the payunent of un-Liens- paid instalments and other charges incurred thereon under the provisions of the charter and by-laws and the by-laws may prescribe the form and manner of enforc¬ ing such lien. New shares of stock may be issued in lieu of shares withdrawn or forfeited and the stock may be issued in one or in several successive series S™ies- as may be provided in the charter and by-laws, and in such amount (not to exceed the total capital stock) as the board of directors may determine, and any stockholder wishing to withdraw from the said corporation, shall have power to do so by Withdrawals- giving thirty day’s notice of his intention to withdraw, when he shall be entitled to receive the amount paid in by him, and such interest thereon or such proportion of the profits thereon as the by-laws may determine, less all fines and other charges : Provided ; that at no time shall more than dL“on of with- one-half of the funds of the treasury of the corporation be applicable to the demands of withdrawing stock¬ holders without the consent of the board of directors, and that no stockholder shall be entitled to withdraw whose stock is held by the association in pledge for security. UponIncaseofdeath- the death of a stockholder, his legal representative shall be entitled to receive the full amount paid in by him on all shares not borrowed upon or pledged to the association as col¬ lateral security and legal interest thereon, first deducting all charges that may be due on the stock; but no fines shall be charged to a deceased member’s account from and after his decease unless the legal representative’s of such decedent assume the future payment of the dues on the stock. Sec. 7. Married women may become subscribers to the Married women capital stock of such association, and hold, control and trans- 10 LAWS OF UTAH. Exempt from debt of husbands. Minors. Guardian’s bonds. Directors’ meetings. Manner of loaning money. Securities. Failure to furnish security. Manner of enforc¬ ing delinquent pay¬ ments. Repayment of loans. Collections. fer their stock in all respects as femme-sole, and their stock shall not be subject to the control of, or liable for the debts of their husbands. Minors may become subscribers to and own¬ ers of the stock of such associations by guardian or trustee, and such guardian or trustee may withdraw the stock of such minor as provided in Section 6, of this act. Provided : however that such guardian or trustee shall give bonds to the probate court in double the amount of the withdrawal value of such stock for the use of such minor. Sec. 8. The board of directors shall hold such stated meetings at least once a month as may be provided by the by-laws at which the money in the treasury, if one hundred dollars or more, shall be offered for loan in open meeting, and the stockholder who shall bid the highest premium for the preference or priority of loan and comply with the provisions of the by-laws, respecting the awarding of loans, shall be entitled to receive a loan of one hundred dollars, less the pre¬ mium bid, for each share of stock held by said stockholder. Provided : that no loan shall be made by said corporation except to its own members, nor in any sum in excess of the amount of stock held by such members borrowing ; and provided that such stockholder may borrow such fractional part of one hundred dollars as the by-laws may provide. Good and ample real estate security, unincumbered except by prior loans of such association’s shall be given by borrower, to secure the repayment of the loan. Provided: however that the stock of such association may be received as security to the amount of withdrawal value of such stock. Sec. 9. In case the borrower shall neglect to offer security, or shall offer security that is not approved by the board of directors by such time as the by-laws may prescribe, he shall be charged with one month’s interest together with any expenses incurred, and the money may be resold at the next stated meeting. In case of non-payment of instalments interest or fines by borrowing stockholders for the space of six months, payment of principal and interest and fines without deducting the premium paid or the interest thereon, may be enforced by proceedings against their securi¬ ties according to law, upon the order of the board of directors. Sec. 10. A borrower may repay a loan at any time upon duly complying with the charter and by-laws in relation to repayment of loans. Sec. 11. Corporations organized under this act being of the nature of co-operative associations, therefore no premium, fines, nor interest, on such premiums that may accrue to the said corporation according to the provisions of this act, shall be deemed usurious and the same may be collected as other debts of like amount are collected by law, in this Territory. Sec. 12. No corporation or association created under this act shall cease or expire from neglect on the part of the cor- LAWS OF UTAH. 11 poration to elect officers at the time mentioned in their charter Failure t0 elect offl and by-laws and all officers elected by such corporations cer'- shall hold their offices until their successors are duly elected and qualified. Sec. 13. Any loan or building association incorporated by or under this act is hereby authorized and empowered to purchase at any marshal’s, sheriff’s or judicial sale, or at any other sale public or private any real estate upon which such es^triaSruinal association may have or hold any mortgage, lien or other ca8es- incumbrance and to sell, convey, lease or mortgage at pleas¬ ure to any person or persons whatever the real estate so pur¬ chased, but such association shall not have power to enter into as a business the buying and selling of real estate. Sec. 14. The certificate of incorporation shall be sub¬ stantially in the following form: CERTIFICATE OF INCORPOATION. The Secretary of the Territory of Utah; To alt to whom these presents shall come greeting: Whereas, a statement, duly signed and acknowledged, having been filed and recorded in the office of the clerk of the probate court of the county of - Territory of Utah, on the - day of - A. D. — - for the organ¬ ization of - building and loan association of - under and in accordance with the provisions of “An Act to enable associations of persons to become a body corporate to Pormofcertlficatet raise funds to be loaned only among the members of such associations approved the - day of - a certified copy of which has been filed in my office ; and whereas, a license having been issued to - as commissioners to open books for subscription, to the capital stock of said com¬ pany ; and whereas; the said loan commissioners having on the - day of - A. D. - filed in the office of the clerk of said court, a report of their proceedings under said license in accordance with the requirements of the statutes, a copy of which license and report has been also filed in my office. Now therefore I - secretary of the Territory of Utah, by virtue of the powers and duties vested in me by law, do hereby certify that the said— - building and loan association of - is a legally constituted and organized corporation under the laws of this Territory. In testimony whereof, I hereunto subscribe my name affix the seal of said Territory. Done at - this - day of - ^-A. D. - [great seal.] - Secretary of the Territory of Utah. Sec. 15. This act shall take effect from the date of its approval. Approved March 5, 1890. 12 LAWS OF UTAH. Grand.larceny. Elections, when held. Notice. Taxes become a lien. CHAPTER XIII. PENAL CODE. AN ACT amending Section 4643 of the Compiled Laws of Utah of 1888, relating to the Penal Code. Section 1. Be it enacted by the Governor and Legislative A ssembly of the Territory of Utah : That Subdivision 3, of Sec¬ tion 4643 of the Compiled Laws of Utah of 1888, is amended by inserting after the word “calf” and before the word mule, the word “sheep.” Approved March 5, 1890. CHAPTER XI Y. IRRIGATION COMPANIES. AN ACT amending Section 2411 of the Compiled Laws of Utah of 1888 relating to Irrigation Companies. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 2411 of the Compiled Laws of Utah of 1888 is hereby amended to read as follows : Sec. 2411, s. 9. All subsequent elections for determining the rate of tax, shall be held annually on the first Monday in December, and for the election of company officers, biennially, on the same day, at such time and place within the district as shall be designated by the trustees, at which time the number of trustees may be changed by a two-thirds vote, to not less than three nor more than thirteen. Notice of said election shall be given and the election conducted and certificates thereof returned as provided in Section 4 of this act, and the officers elected shall give bonds as provided in Section 7 of this act: Provided , that if such election is not held at the time herein provided for the same may be held at any time within sixty days thereafter as may be designated by the trustees upon notice given as provided in Section 4 of this act. The rate of tax determined at said election by a majority vote shall be a law in such irrigation district, and shall constitute a permanent lien on the interest of the taxpayer in said canal or ditch and his right to the use of the water therein flowing from the day of assessment; but no tax created under this act shall create a lien upon the land. If any taxpayer shall fail to pay his proportion of the tax voted at said election within the time required by the by-laws the trustees may pro- LAWS OF UTAH. 13 ceed td sell the interest of such taxpayer in said canal or Trusteesauthorized ditch and his right to the use of the water therein flowing ast0SeU- provided in Sections 2380 to 2392 both inclusive of the Com¬ piled Laws of Utah of 1888 for the sale of delinquent stock. Approved March 10, 1890. CHAPTER XV. DIVISION FENCES. AN ACT to amend Section 2236 of the Compiled Laws of Utah of 1888, relating to division fences. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 2236 of the Compiled Laws of Utah of 1888 is hereby amended by adding thereto the following: In all cases where a person has enclosed Enclosure- his land with a fence, and the owner of adjoining land desires to enclose such adjoining land with a fence so that the first fence or any part thereof will be made a partition fence between such tracts of land, the owner of su^h adjoining land must before making such enclosure pay to the owner of such Pay t0 the owner- fence one half of the value of all that part of such fence as will become a partition fence between such adjoining tracts of land, and when one party ceases to improve or cultivate his land or opens his enclosure, he must not take away any part Sha11 not remove of the partition fence belonging to him if the owner or occu¬ pant of such adjoining enclosure shall within thirty days after notice pay therefor the value of said fence: nor shall such partition fence be removed, when by so doing the crops enclosed by such fence will be exposed to destruction. Approved Marcli 10, 1890. CHAPTER XVI. CHANGING BOUNDARIES OF SANPETE AND SEVIER COUNTIES. AN ACT attaching a part of Sevier County to Sanpete County. Section. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah : f That all that portion of Sevier county beginning at a point one mile north of the fourth standard parallel south on the section line between Boundarie3. ranges five (5) and six (6) east, thence west to the east bank of the Sevier river, thence north along the east bank of said river to the southern boundry line of Sanpete county, thence east along said southern boundary line to the section line 14 LAWS OF UTAH. Duties Exemptions. between ranges five (5) and six (6) east, thence south to the place of beginning, is hereby made a part of Sanpete county. Sec. 2. All laws in conflict with this law are hereby repealed. Sec. 3. This act shall be in force on its approval. Approved March 10, 1890. CHAPTER XVII. TERRITOKIAL TREASURER. AN ACT amending Section 10 of the Compiled Laws of Utah of 1888, relating to the Territorial Treasurer. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section ten (10) of the Compiled Laws of Utah, 1888, is amended to read as follows: Sec. 10. The treasurer must receive and safely keep all funds belonging to the Territory and pay out the same only on warrants issued by the auditor of public accounts; he must keep an accurate account of all moneys and other funds received or disbursed by him; he must issue duplicate receipts keeping a memorandum stub for all money or other funds received by him, and deliver to the person paying the same the duplicate and present to and file with the auditor of public accounts the original receipt. Sec. 2. This act shall take effect upon its approval. Approved March 10, 1890. CHAPTER XVIII.* CEMENT. AN ACT to encourage the manufacture of Native or Portland Cements in Utah Territory. Section 1 . Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That to encourage the manu¬ facture of native or Portland cements from raw material mined, excavated, or produced in Utah Territory, all lands, factories, buildings, implements and machinery of every kind whatso¬ ever actually and in goodffaith employed either in the mining, excavating or producing of the raw material for or in the manufacture of native or Portland cements in said Territory, and the stock of any company incorporated for the purpose of, and actually and in good faith engaged in, the manufacture of native or Portland cements in this Territory, and the bonds and mortgages given to secure loans on the aforesaid property, LAWS OF UTAH. 15 for the purpose of raising money to be used in carrying on such business, shall be exempt from taxation until the first day of January A. D. 1895. Approved March 10, 1890. CHAPTER XIX. DESTRUCTION OF CERTAIN WILD ANIMALS. AN ACT amending Sections 2114, 2115, and 2116 of the Compiled Laws of Utah 1888, relating to the destruction of certain wild animals and birds. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Sections 2114, 2115, and 2*116 of the Compiled Laws of Utah, 1888, are hereby amended to read as follows: Sec. 2114. s. 1. The several county courts within the re¬ spective counties of this Territory, are hereby authorized and fSIdToffer r'e- empowered by an order made of record upon the minutes ofwards- such county court, to offer and pay rewards for the destruc¬ tion of wild animals and English sparrows, within their re¬ spective counties, not to exceed one dollar each on lynxes, grey wolves and wild cats, fifty cents on coyotes and foxes, ten dollars on mountain lions and bears, two cents on jack rabbits Bounties- and ground squirrels, ten cents on musk rats, minks and weasels, five cents on gophers, and one-half of one cent on English sparrows, as hereinafter provided. Sec. 2115. s. 2. The person or persons who shall hereafter kill any of the above named wild animals, or said birds, in order to receive the reward mentioned in Section 1 of this act shall produce the skin of such lynx, grey wolf, wild cat, Kvidenoe required, coyote, fox, mountain lion or bear, or the head of such bird, or of any of the other animals mentioned in Section 1 of this act, not enumerated in this section, before the county clerk in and for any county aforesaid. Sec. 2116. It shall be the duty of such county clerk county clerk to ex- to diligently examine such person or persons, and such other aralne Wltnesses- witnesses as said county clerk may deem proper, on oath or affirmation, touching the time when, and place where such animal or bird was so taken and killed, and the circumstances thereof. If upon such examination the county clerk shall be satisfied that such animal or bird was taken and killed by the person or persons producing the skin of such lynx, grey wolf, wild cat, coyote, fox, mountain lion, or bear, or the head of such bird, or of any of the other animals mentioned in Section 1 of this act, not enumerated in this section, within the limits of Skin to be punched, the county for which said county clerk is qualified to act, he shall immediately cause such skin to be punched in the centre 16 Shall issue warrant. Proviso. Penalties and for¬ feitures. When granted. Application.' LAWS OY UTAH. of the neck part thereof, with the letters “B.P.,” said letters to be not less than one inch in length and a proportionate width, or the head of such bird or animal to be destroyed, and shall issue a warrant on the treasury of said county for the reward offered, in accordance with the provisions of this act, to the person or persons producing such skin or head; Provided , That any person or persons must present not less than fifty heads of jack rabbits, ground squirrels or English sparrows, at any one time, to entitle them to the reward offered in accordance with the provisions of this act. Approved March 10, 1890. CHAPTER XX. HIGHWAYS. AN ACT to amend Section 2092 of the Compiled Laws of Utah of 1888, relat- to High wavs. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 2092 of the Com¬ piled Laws of Utah, of 1888 is hereby amended to read as follows: Sec. 2092. s. 28. All penalties and forfeitures under this act, and not otherwise provided for, must be recovered by the supervisors of the respective road districts and within thirty days thereafter paid into the county treasury of their respect¬ ive counties. Approved March 10, 1890. CHAPTER XXI. INJUNCTIONS. AN ACT amending Sections 3302 and 3303 and repealing Sections 3301 and 3304, of the Compiled Laws of Utah 1888, relating to injunctions. Section. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 3302 of the Compiled Laws of Utah of 1888, is amended to read as follows: Sec. 3302. s. 400. An injunction shall not be granted, ex¬ cept upon notice, or upon an order to show cause; but, in the meantime, the defendant may be restrained until the decision of the court or judge, granting or refusing the injunction is rendered. When an order to show cause is granted without notice, a copy of the pleadings and affidavits upon which it was allowed must be served with the order. An application for an injunction or order to show cause, may be made on veri¬ fied pleadings, or on verified pleadings and affidavits, and the LAWS OF UTAH. 17 application for the injunction may be heard upon the pld&d- ings, affidavits and other evidence. Satisfactory cause must be shown for the issuance of the injunction or restraining order. Sec. 2. That Section 3303 of the said Compiled Laws is amended by inserting after the word “granting” and before the wrord “an” in the first line of said section the words “a restrain¬ ing order or.” Sec 3. That Section 3301, and 3304 of said Compiled Laws are repealed. Sec. 4. This act shall take effect upon its approval. Approved March 10, 1890. CHAPTER XXII. BEES. AN ACT amending Sections 2198, 2199 and 2200, of the Compiled Laws of Utah of J 888, relating to Bees. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That, Sections 2198, 2199 and 2200 of the Compiled Laws of Utah of 1888, are hereby ^ amended to read as follows : Sec. 2198. s. 4. Upon the complaint of any bee owner that in his opinion the disease known as foul brood exists Fouibr0od. among the bees of any person whether owner or custodian, it shall be the duty of the inspector to whom the complaint Duty of inspector- is made to immediately inspect the bees believed to be thus infected ; and if such inspector finds that foul brood does exist among such bees, he shall immediately take charge, and control of them and at the expense of the owner, give them proper treatment for the cure of the disease. In such treat- ment he may destroy such portions of the bees and brood, easedbeesorbrood- and of the hives and contents as may be necessary. Sec. 2199. s. 5. If the owner or person in charge of bees infected with foul brood shall fail to make arrangements acceptable to the inspector tor his compensation and the Lpepcetoration of necessary expenses to be incurred in the treatment and cure of the bees which shall in no case exceed three dollars per day and actual expenses then the inspector shall immediately wholly destroy the hives and bees so infected by burning or burying the same. Sec. 2200. s. 0. If anv person shall by threats of violence, „ . , ^ A - . . . _ _ . 7 Penalty for resist- or m any other manner prohibit a duly appointed bee m-insinsPector- spector from inspecting, taking charge of, treating or destroying bees, as provided in this act, on conviction thereof before the nearest justice of the peace of the precinct in which said bets are kept, he shall be fined in any sum not less than five nor more than twenty-five dollars for the first offence and for ' each additional offence he shall be liable to a fine not to exceed fifty dollars. Approved March 10, 1890. 4 18 LAWS OF UTAH. Bate. License for CHAPTER XXIII. INTEREST. AN ACT amending Section 2119 of the Compiled Laws of Utah, of 1888, re¬ lating to Interest. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That, Section 2119 of the Compiled Laws of Utah 1888 is hereby repealed, and the fol¬ lowing enacted in lieu thereof : Section 2119. Hereafter it shall be lawful to take eight per cent interest per annum, when the amount of interest has not been specified or agreed upon. But parties may agree in writing for the payment of any rate of interest whatever on money due, or to become due on any contract. Any judgment rendered on such contract shall conform thereto, and shall bear the interest agreed upon by the parties and which shall be specified in the judgment. Sec. 2. All laws in conflict with the provisions of this act are hereby repealed. Approved March 10, 1890. CHAPTER XXIV. REGULATING MARRIAGE. AN ACT amending Section 2591 Compiled Laws of Utah of 1888 regulating Marriage. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah : That Section 2591 of the Compiled Laws of Utah of 1888, be and the same is hereby amended by striking out in line 8 in said section the words “ the clerk” and inserting in lieu thereof the following “any officer authorized by law to administer oaths. Provided, that whenever such oath shall be administered and certified by a justice of the peace or other officer having no seal and residing outside of the county within which the license is to be issued, such oath and consent shall not be received or filed, unless the signature and official capacity of the officer so administering and certifying such oath, shall be certified by the clerk of the county court of the county in which the officer so certifying resides, and attested by the seal of the county court.” Sec. 2. This act shall take effect upon its approval. Approved March 10, 1890. LAWS OF UTAH. 19 CHAPTER XX Y. CONTRACTS. AN ACT providing for the discharge of Contracts affecting Real Estate. Section 1. Be it enacted by the Governor and Legislative Assembly of the territory of Utah: That any contract, agreement or bond for the sale of real estate or any interest therein, now recorded, or which may be hereafter recorded in the office of^g»«*2SV any county recorder in this Territory may be satisfied and en r7'n discharged by entry in the margin of the record signed by the party or parties in interest, their assigns or legal representa¬ tives, and attested in the same manner as mortgages are satisfied and discharged and such entry shall have the same effect as a deed of release duly acknowledged and recorded. Sec. 2. This act shall take effect from its approval. Approved March 11, 1890. CHAPTER XXYI. UNIVERSITY. AN ACT amending Section 1835 of the Compiled Laws of Utah of 1888, relating to University. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah : That Section 1835 of the Compiled Laws of Utah of 1888 is amended by adding to said section, the following : The chancellor and regents shall each receive mileage at the rate of ten cents per mile, one way only, for the distance necessarily traveled in attending peusation oi officers the meetings of the board of regents, and the secretary and treasurer shall be allowed such compensation for their ser¬ vices as the board may determine; all such mileage and com¬ pensation shall be paid out of any moneys appropropriated for the maintenance of the University. Sec. 2. This act shall take effect upon its approval. Approved March 11, 1890. CHAPTER XXVII. RELEASE OF DOWER. AN ACT amending Sections 2531. 2532 and 2533 of the Compiled Laws of Utah, 1888, providing for the Release of Dower. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Sections 2531, 2532 and 20 LAWS OF UTAH. Conveyance or en¬ cumbrance. The signature must be witnessed. Powers of attorney Instruments execu ted since March, 1887, validated. 2533 of the Compiled Laws of Utah, 1888, be and the same are hereby amended as follows: Sec. 2531 of said Compiled Laws is amended to read as follows: Sec. 2531. si. In any conveyance of, or encumbrance upon real property, by deed or encumbrance of the husband, the wife or her attorney in fact, may join with the husband, or his attorney in fact, in such deed or encumbrance, and her so joining her husband in such deed or encumbrance shall trans¬ fer and convey any and all rights of dower she may have in the property conveyed or encumbered in or by such deed or encumbrance whether the deed or encumbrance states that it is given for the purpose of releasing conveying, or encumber¬ ing her right of dower or not; but to be valid the signature of the wife or her attorney in fact, as the case may be, must be witnessed, and she, or her attorney in fact, as the case may be must acknowledge the execution thereof before some officer authorized to take such acknowledgment, in the same manner as an unmarried woman. Section 2532 of said Compiled Laws is amended to read as follows: Sec. '2532. s. 2. A married woman may join in a power of attorney with her husband for the encumbrance, release or conveyance of lands, or of any interest therein, or if she so desires she may appoint him or any other person to be her attorney in fact, for such purpose; and said power of attorney shall be witnessed by at least one credible witness; acknowl¬ edged in the manner provided by law, and shall be entitled to record. Section 2533 of said Compiled Laws is amended to read as follows: Sec. 2533. s. 3. That all instruments in writing which have been executed and acknowledged by married women or by their husbands or other persons acting under powers of attorney, as the attorneys in fact of such married women, before any officer authorized by the laws of this Territory to take acknowledgments to instruments in writing affecting the title to real property in this Territory since the second day of March 1887 and which purport to have been so executed and acknowledged for the purpose of encumbering, releasing or conveying their rights of dower in the real property described in such instru¬ ments and all such instruments wherein the wife or her attorney in fact has executed and acknowledged an encumbrance, release or conveyance with her husband or his attorney in fact, as the case may be and such instrument purports to convey all their interest in the property described in such instrument, without referring to her right of dower shall be regarded and considered as a sufficient and proper encumbrance, release, or conveyance, as the case may be, of the right of dower of such married woman in such LAWS OF UTAH. 21 property and all such instruments are hereby declared valid and effectual in all respects for such purposes. Sec. 2. This act shall take effect upon its approval. Approved March 11, 1890. CHAPTER XXVIII. IRRIGATION. AN ACT to protect Irrigation Companies. Section 1. Be enacted by the Governor and Legislative Assembly of the Territory of Utah: That any person or com¬ pany who shall raft or float timber or wood down any river or stream of this Territory shall not allow such tim- timber from ob- ber or wood to accumulate at or obstruct the water gates water owned by any person or irrigation company taking or divert¬ ing the water of said river or stream for irrigation or manu¬ facturing purposes. Sec. 2. Any person violating the provisions of this act shall be guilty of a misdemeanor. Sec. 3. This act shall take effect upon its approval. Approved March 11, 1890. CHAPTER XXIX. FISH AND GAME COMMISSIONERS. AN ACT to provide for the protection of Fish and for the appointment of Territorial and County Commissioners. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the governor of the Appointment Territory shall nominate and by and with the advice and consent of the Legislative Council appoint a territorial fish and game comissioner who shall be a resident citizen of this Territory, whose term of office shall be four years and until Term of office, his successor is appointed and qualified: Provided, that when a vacancy occurs in the office of said commissioner and the Legislative Council is not in session the governor shall have power to fill such vacancy. Sec. 2. The said territorial commissioner shall receive an annual salary of five hundred dollars He shall before enter- Sal*ry- ing upon the duties of his office, take and subscribe to an oath of office and give a bond in the penal sum of five thou¬ sand dollars for the faithful performance of his duties. Such bond shall be approved by and filed with the secretary of the Territory. 22 LAWS OF UTAH. Duties of Territorial Commissioner. Appointment of County Commis¬ sioners. Compensation. Beport*. Fish may be taken for propagation. Beports. Sec. 3. The territorial commissioner shall have control supervision of the public waters for the collection, propagation, culture and distribution of fish in Utah Terri¬ tory and shall distribute all fish, fish fry and spawn coming into his hands, fairly and equitably among the several counties or otherwise as the said commissioner and the county commis¬ sioners may determine. He shall have full control of all property of the Territory obtained or held for the purpose contemplated by this act. He shall receive all fish, fish fry and spawn donated to this Territory from any source, whatever and also all fish, fish fry and spawn that may be purchased by this Territory. He may establish hatching boxes for the preservation and hatching of spawn and in the most economical and prac¬ tical manner procure and distribute fish and fish fry to the public waters of this Territory. He shall make a detailed statement or report of his official transactions, including ex¬ penditures and the purpose for which the same were made, also the number and kinds of fish distributed and the locality and names of the streams, ponds or lakes where the same have been placed and submit such report to the Legislature during the first week of its regular session. Sec. 4. The county court of each county of this Terri¬ tory shall appoint a fish and game commissioner, whose term of office shall be four years, and until his successor shall be appointed and qualified. Said county commissioner shall before entering upon the duties of his office, take and sub¬ scribe to an oath of office, and give a bond in the penal sum of one thousand dollars for the faithful performance of his duties, said bond shall be approved by the probate judge and filed in the office of the clerk of the county court. The county commissioner shall receive such compensa¬ tion as shall be determined by the county court, to be paid out of the county treasury, and shall perform his duties under the direction of the county court. It shall be the duty of the county commissioner to see that all laws of this Terri¬ tory for the protection of fish and game are faithfully enforced and shall report his doings to the county court semi-annually. All fines and forfeitures for violations of the provisions of this act shall be paid into the county treasury of the county wherein the offence shall have been committed. Sec. 5. The said commissioners by authority of the territorial commissioner may take or cause to be taken from the public waters within their respective counties at any time or in any manner any kind of fish for the purpose of propa¬ gation or inspection. Each of said county commissioners shall make a detailed report of his official doings to the terri¬ torial commissioner during the first week of December of each year. Section 6. The owner or owners of any dam erected LAWS OF UTAH. 23 across any of the streams in this Territory, shall if required by the said county commissioners build, erect and maintain at all Jrder™78 may be times at his or their expense suitable fishways to allow the free and uninterrupted passage of fish up and down such stream. Sec. 7. It shall be unlawful for any person or persons to catch, kill or take any imported fish from the public waters in Stedtor any county of this Territory for the period of four years from the passage of this act, unless duly authorized by the joint concurrence of the territorial commissioner and the commissioner of said county. Sec. 8. It shall be unlawful for any person to take any trout from the public waters of this Territory by any means or device whatsoever, except by means of hook and line com-caught- monly known as angling and that only between the fifteenth day of June of each year and the fifteenth day of February following, Provided , that where the waters of any river or mountain stream are diverted from the natural channel of suchPr0V1S0' river or stream into a canal or irrigation ditch for the pur¬ pose of irrigating lands, the taking of fish from such canal or ditch shall not be unlawful. Sec. 9. It shall be unlawful for any person to sell, take, Trout iegg than aix kill destroy or have in his possession any trout less that six {n|»< jongmut inches long, or any trout whatever that is taken unlawfully. Sec. 10. It shall be unlawful for any person to kill or take any fish from the public waters of this Territory by the use of any poison, deleterious drug, or by the use of giant unlawful umng of powder, quick lime, or any other explosive substance, or by the erection of any weir, dam or other artificial obstruction or by the use of any net, sieve or device whatsoever which can or may be used for the unlawful taking of fish Provided , that seines not more that two hundred yards long and twelve feet wide with meshes not less that one and one-lialf inches square for fifty yards in the centre and meshes not less than two inches fnceruTn puce"8ed square in the wings thereof may be used in Green River at all seasons of the year and in Bear and Utah Lakes between the first day of October of each year and the first day of March fol¬ lowing. Sec. 11. All seines, nets, boats or tackle of any kind found in possession of any person who may be found unlaw- seines, etc., for un- fully taking fish from any of the public waters of this Terri- KnffdffiJSJP tory, shall be seized by the officer makingthe arrest and, if it appears from the evidence before the magistrate trying the cause that the seines, nets, boats or tackle were used or were about to be, or intended to be used for the unlawful taking of fish, the same are hereby confiscate and shall be by the order of the magistrate taken and destroj^ed. Sec. 12. It shall be unlawful for any person to export Fish must not be dead or living fish caught in any of the public waters of thisTe?ruoery rom 24 LAWS OF UTAH. Appropriation for commissioner’s salary. Appropriation for fish hatcheries, etc. Penalties. Disposal of fines collected. Territory to any point outside of this Territory for either con¬ sumption or sale. Sec. 13. The sum of one thousand dollars is hereby appropriated out of any money in the territorial treasury not otherwise appropriated to pay the salary of the said territorial commissioner for the years 1890 and 1891. Sec. 14. The sum of five thousand dollars, or so much thereof as may be necessary is hereby appropriated out of any money in the territorial treasury not otherwise appropriated to be expended by the territorial fish and game commissioner for the purchase of a suitable site for establishing and main¬ taining a territorial fish hatchery, hatching boxes, nursery and breeding ponds and to pay the contingent expenses of the office of the territorial fish and game commissioner for the years 1890 and 1891. Sec. 15. Any person violating any of the provisions of this act shall be guilty of a misdemeanor. Sec. 16. One half of all fines collected under the pro¬ visions of this act shall be paid into the county treasury of the county in which trial may be had and the other half paid to the officer making the arrest. Sec. 17. All laws in conflict with this act are hereby repealed. Sec. 18. This act shall take effect upon its approval. Approved March 11, 1890. CHAPTER XXX. LIENS FOR MECHANICS AND OTHERS. AN ACT to secure Liens to Mechanics and others, and to repeal all other • acts and laws in relation thereto. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That whoever shall do work or furnish materials by contract, express or implied, with the owner of any land, to any amount, for the construction, enlargement, alteration or repair of any building or other who may secure structure upon such land or in making any other improve¬ ments, or in doing any other work upon such land as stated in following sections shall have a lien upon such land, building, structure and other improvement for the amount and value of the work so done, or materials so furnished to the extent of the interest or claim of such owner thereto at the time of the com¬ mencement to do such work or to furnish such materials. Said lien shall likewise attach to another or greater in- Lienmaybein- ferest in any of such property acquired by such owner at any creased/ time subsequent to such commencement to do work or to furnish materials and before the establishment of said lien by LAWS OF UTAH. 25 process of law. For the purposes of this act the term work shall be deemed to include labor of every kind, whether skilled work defined, or unskilled, and for said purposes, except when otherwise indicated, any person having an assignable, transferable or conveyable interest or claim in or to any land, building, structure or other property mentioned in this act, shall be deemed an owner. Any person rendering personal services for wages or otherwise, or by the use of machinery, teams or otherwise, „ 1«/ . ^ 7 ...... Contractors. shall be deemed a contractor or sub-contractor in either degree, as the case may be, as well as any person doing work by the job or piece. Sec. 2. Whoever shall do work or furnish materials by Sub.contractorB in contract, express or implied, with the principal contractor the first degree- mentioned in the preceding section, to any amount, for any of the purposes mentioned in the preceding section shall be deemed a sub-contractor in the first degree, and shall have a lien upon any and all such property in like manner as said contractor. Sec. 3. Whoever shall do work or furnish materials by contract express or implied, with a sub-contractor in the first Sub-contractors in degree, to any amount for any of the purposes mentioned in theseconddegree' Section 1 of this act, shall be deemed a sub-contractor in the second degree, and shall have a lien upon any or all such property in like manner as said principal contractor. Sec. 4. The provisions of the three preceding sections shall be limited in their application to the kinds of property Limitation. indicated in the following sections of this act, and any party claiming a lien to secure the benefits of this act, must comply with the provisions thereof. Sec. 5. The provisions of this act shall apply to all per¬ sons who shall do work or furnish materials for the construe- Buildings tion, enlargement, alteration or repair of any building or other structure upon any land in this Territory or for any other improvement thereon. Sec. 6. The provisions of this act shall apply to all per¬ sons who shall do work or furnish materials for the construction, Bftilroads> etc extension, enlargement, alteration or repair of any railroad, tramway, wagon road, toll road, canal, bridge, wharf, water ditch, flume, aqueduct or reservoir. Sec. 7. The provisions of this act shall apply to all per¬ sons who shall do work or furnish materials for the working Mines or development of any mine, lode, mining claim or deposit yielding metals or minerals of an}7 kind, or for the working or development of any such mine, lode or deposit in search of such metals or minerals; and to all persons who shall do •work or furnish materials upon any shaft, tunnel, incline, adit, drift or other excavation, designed or used for the purpose of draining or working any such mine, lode or deposit. Said lien shall attach in every case to such mine, lode and deposit, and to such shaft, tunnel, incline, adit, drift or other excavation, 26 LAWS OF UTAH. When lien does not attach. Surveyors and engineers. Water rights and rights of way. Statement of claimant. Abstract. When ontractors must file statement. Sub-contractors statement. though such shaft, tunnel, incline, adit, drift or other excava¬ tion be not within the limits of such mine, lode or deposit, Provided, that when two or more such mines, lodes or deposits owned or claimed by the same person or persons, shall be worked through a common shaft, tunnel, incline, adit, drift or other excavation, then all the mines, lodes or deposits so worked shall, for the purposes of this act, be deemed one mine; and , provided further, that this section shall not be deemed to apply to the owner or owners of any mine, lode, deposit, shaft, tunnel, incline, adit, drift or other excavation when the same shall be worked by a lessee. Sec. 8. The provisions of this act shall apply to sur¬ veyors, civil and mining engineers doing any work of survey¬ ing or platting of any mines, mining claims, lodes or mineral deposits, and they shall have like lien and claim as other persons under the provisions of this act. Sec. 9. Said lien shall likewise attach to rights of water and rights of way that may in any manner pertain to any kind of property hereinbefore specified and to which such lien attaches. In case of corporations said lien shall attach to all the franchises and charter privileges that may in any manner pertain to said specified property. Sec. 30. Any party claiming a lien shall file in the office of the recorder of the county wherein said land is situated a statement containing: First. A notice of intention to hold and claim a lien. Second. A description of the property to be charged therewith. # Third. An abstract of indebtedness showing the whole amount of debt, the whole amount of credit, and the balance due. or to become due, to the claimant, which abstract of indebtedness shall be verified by the claimant or by some other person in his behalf to the best knowledge, information and belief of the affiant In case two or more persons claim an interest in the same lien and claim, it shall be sufficient for one of such persons, or some other person in their behalf, to verify such abstract of indebtedness, and the signature of any such affiant to any such verification shall be a sufficient signing of such statement. Sec. 11. In case of the principal contractor or any assignee thereof, said statement shall be filed within sixty days after the time when the last work shall have been done, or the last materials shall have been furnished by such contractor. In case of a sub-contractor of either degree, or of any assignee thereof, said statement shall be filed within forty days after the time when the last work shall have been done, or the* last materials shall have been furnished by such sub-con¬ tractor. Sec. 12. Any sub-contractor of either degree who shall intend to do work, or to furnish materials for which such lien LAWS OF UTAH. 27 is given, may file in the office of the recorder of such county Preliminary 8tate. wherein said land is situated a statement containing: ment- First. A notice of intention to hold and claim a lien. Second. A description of the property to be charged therewith. Third. The probable value of the work to be done and the probable value of the materials to be furnished as near as may be. Said statement may be filed before he begins to do such work or to furnish such materials. Likewise he may file such statement at any time after he begins to do such work, or to furnish such materials, and before the completion of his undertaking under the contract. From the time he shall have filed such statement, he shall have a lien for such work thereafter done by him, or for such materials thereafter furnished by him not exceeding the sum stated as the probable value thereof. In case any such party claiming a lien shall have done work or furnished materials before the filing of such statement, he may include in such statement a statement of the value, or probable value, of the work already done and material furnished, as near as may be, for which said last named values to the extent of the sum mentioned, said lien shall likewise attach. Every such state¬ ment last mentioned shall have endorsed upon it the affidavit Endorseraent- of the party claiming such lien that he claims such lien in good faith. In case two or more persons claim an interest in the same lien and claim, it shall be sufficient for one of such persons to make said affidavit, and the signature of any such affiant to such affidavit shall be a sufficient signing of such statement. Sec. 13. It shall be the duty of said recorder to file either of said statements, or both, when the same shall have record statement, been presented for filing, and record the same in a separate book (one book provided for that purpose may do for both kinds of statements) and from the time of such filing all per¬ sons shall be deemed to have notice of such statements. Sec. 14. It shall be sufficient to address either of said Address, statements to all whom it may concern, and any informality in any such statement that shall not tend to mislead shall not affect the validity thereof. No incorrect estimate in any such statement of the amount due or to become due, or of any probable value, shall affect the validity of any such statement, unless such incorrect estimate be made in bad faith. But the filing of the statement lastly described shall not dispense with the requirement of filing the statement firstly described in Section 10. Sec 15. Upon the filing of the firstly described state¬ ment and service of a copy thereof upon the owner or upon the filing of the secondly described statement and service of a copy thereof upon the owner by any such sub-contractor, the payment to the contractor of so much money as is claimed to 28 LAWS OF UTAH. Owner to retain amount of lien until claim is satisfied. Limit of owner’s responsibility. . Sub-contractor’s responsibility. Continuous worn. Lands, when sub¬ ject to lien. Liens on mines. Building lots. be due or to become due in any such statement for such work or materials, and such money as the stated probable value of such work or materials, shall be deemed to be enjoined in the hands of the owner, and it shall be his duty to hold the same, whether then due or thereafter to become due to the contrac¬ tor, for the benefit of the party claiming under such statement, until the right of the party so claiming to receive the amount claimed if the same be contested shall have been legally adjudged or until such lien shall have been ended by expira¬ tion of time, or shall have been otherwise satisfied. Sec. 16. Any such claim of any sub- contractor that shall be established under this act, by the judgment or decree of court shall, to the full amount thereof, be a valid set-off in favor of such owner and against the contractor, but in no event shall claims of sub- contractors adjudged to be due as aforesaid and costs of adjudication be a lien upon the property to any greater extent than the indebtedness of said owner to the contractor. In case of sub-contractors in the second degree no such claims of such last named sub-contractors so adjudged to be due shall be a lien upon the property to any greater extent than the indebtedness of the original contractor to the sub¬ contractor in the first degree ; but in said last named case, no payment made by the contractor to the sub-contractor in the first degree, after the filing of either of said statements, shall affect the amount of the lien of the sub-contractor in the second degree. Sec. 17. In case the act of doing such work or of furnish¬ ing such materials shall be continuous, said lien shall attach as in other cases, even though such work shall have been done or materials shall have been furnished under two or more con¬ tracts between the same parties. Sec. 18. In the case of lands occupied by any such building, structure, building lot, railroad, tramway, wagon road, toll road, canal, bridge, wharf, water ditch, flume, aque¬ duct or reservoir, mine, mining claim, lode or deposit, shaft, tunnel, incline, adit, drift or other excavation so much of such lands as may be necessary for the convenient use and occupa¬ tion of any such building, structure or any other improve¬ ment or thing hereinbefore enumerated in this act, shall be subject to the liens hereinbefore provided for. In case of a mine, mining claim or lode, except as otherwise provided, said lien shall attach to the whole thereof or to so much thereof as said owner shall have an interest in. In case any such build¬ ing shall occupy two or more lots or other subdivision of land, such several lots or other subdivisions of land shall be deemed one lot for the purpose of this act, and the same rule shall hold in cases of any other such improvements that shall be practi¬ cally indivisible. Said lien shall attach to all machinery and other fixtures used in connection with any such lands, build- Machinery, etc. LAWS OF UTAH. 29 ings or structures. When the lien is for work done or material furnished for an entire structure, erection or improvement, such lien shall attach to the building, erection or improve¬ ment for or upon which such work was done or materials fur¬ nished. Sec, 19. All such liens shall relate back to the time of the commencement to do work or to furnish materials and shall have priority over any and every lien or encumbrance priority of uena. subsequently intervening, or which may have been created prior thereto, but which was not then recorded, and of which the lienor under this act had no notice. Nothing herein con¬ tained shall be construed as impairing any valid encumbrance ^0atuad^ct^brances upon any such land duly made and recorded before such work was commenced, or the first of such materials were furnished. No attachment, garnishment, or levy under execution upon any money due a contractor from the owner of any such prop- . erty, subject to any such lien, shall be valid as against such when attachmentSi lien of a sub-contractor, and no such attachment, garnishment etc ,arii valid or levy upon any money due a sub-contractor of the first de¬ gree from the contractor shall be valid as against any such lien of a sub-contractor in the second degree. Sec. 20. In every case in which different liens are claimed against any property, the rank of each lien or class ofRankof lien8 liens as between the contractor and sub-contractors, shall be declared in the decree or judgment in the following order named; First; Sub-contractors in the second degree. Second, Sub-contractors in the first degree. Third; The original contractors. And the proceeds of the sale of the property to which such liens shall have at¬ tached must be applied to each lien or class of liens in the or¬ der of its rank. Sec. 21 No lien claimed by virtue of this act shall hold the property longer than one year after filing the statement Vhen lien expires> firstly described in Section 10, unless an action be commenced within that time to enforce the same. Sec. 22. Any number of persons claiming liens and not contesting the claims of each other may join as plaintiffs in claims, the same action, and when separate actions are commenced, the court may consolidate them upon motion of any party in interest or upon its own motion. Upon such procedure for consolidation, one case shall be selected with which the other cases shall be incorporated, and all the parties to such other cases shall be made parties defendants in said case so selected. All persons having claims for liens, the statements of which shall have been filed as aforesaid, shall be made parties to the action. Those claiming liens or who fail or refuse to become parties plaintiff, or for any reason shall not have been made such parties shall be made parties defendant. Kome'dSants. Any party claiming a lien not made a party to such action 30 LAWS OF UTAH. Interrenor. Defendant's answer. Summons. Complaint. Pleadings may be amended. Trial before court ©r referee. Judgment. Sale of property. may, at any time before the trial of the action or before the final hearing of the case by the court, be allowed to intervene by motion, upon cause shown, and may be made a party de¬ fendant on the order of the court. The court shall fix the time for such intervenor to plead or otherwise proceed. The pleadings or other proceedings of such intervenor, thus made a party shall be the same, as though he had been an original party. Any such defendant, by way of answer, shall set forth by cross complaint hi§ claim and lien. Likewise such de¬ fendant may set forth in said answer defensive matter to any claim or lien of any plaintiff or co-defendant, or otherwise deny such claim or lien. Any such defendant may, by his answer, set up that there are other persons who claim liens upon the property described, naming them, and asking that they be summoned to appear and maintain the same. Thereupon an amended summons shall issue in like form as the original, but so modified as to make the persons so named in the answer parties defendant in addition to the other defendants. Said last named summons shall be served upon such new defendants as in other cases. The owner of the property to which such lien shall have attached shall be made party to the action. Sec. 23. It shall be sufficient to allege in the complaint in relation to any party claiming a lien, whom it is desired to make a defendant, that such party claims a lien under this act upon the property described. Sec. 24. In case of the intervention of parties or of the making of new parties, or of the consolidation of actions so that the issues are in any manner changed or increased, any party to the action shall be allowed to amend his pleadings or file new pleadings, as the nature of the case may require. Sec. 25. The court may proceed to hear and determine said liens and claims, or may refer the same to a referee to ascertain and report upon said liens and claims, and the amounts justly due thereon. Judgmentsshall be rendered according to therights of the parties. The various rights of all the lien claimants, and other parties in any such actions, shall be determined and in¬ corporated in one judgment or decree. Each party who shall establish his claim under this act shall have a judgment against the party personally liable to him for the full amount of his claim so established, and shall have a lien established and determined in said decree upon the property to which his lien shall have attached to the extent hereinbefore stated. Sec. 26. The court shall cause said property to be sold in satisfaction of said lien and costs of suit, as in the case of fore¬ closures of mortgages, and any party in whose favor a judg¬ ment for a lien may have been rendered, may cause the property to be sold within the time and in the manner pro¬ vided for sales on executions issued out of any court of record, and the owner and creditors shall have aright of redemption, as is provided in the case of sales on execution. And if the proceeds of Right of redemp¬ tion. LAWS OF UTAH. 31 such sale, after the payment of costs, shall not be sufficient to satisfy the whole amount of such liens included in the decree °1 Apportionmeilt of sale, then such proceeds shall be apportioned according to the proceed*!1 rights of the several parties. In case the proceeds of sale amount to more than the sum of said liens and all costs, then the remainder shall be paid over to the owner of said property, Remainder, and each party whose claim is not satisfied in the manner hereinbefore provided, shall have execution for the balance unsatisfied against the party personally liable, as aforesaid, to said party so obtaining executions. In the first instance, with¬ out a previous sale of said property to which such liens shall have attached, an execution may issue in behalf of any such Executi0,,' lien claimed for the full amount of his claim against the party personally liable. A transcript of the docket of said judgment and decree may be filed with the recorder of the county where such property is situated; said judgment and decree shall Hlingof transeript’ become a lien upon the real property of each party so per¬ sonally liable in favor of any such lien claimant hold¬ ing any such judgment against any party so personally liable. Sec. 27 The court shall divide the costs between the parties liable therefor according to the justice of the case but in no case shall any costs be taxed against the owner, so far as the costs of sub-contractor in the first and second degree are concerned. The costs of filing and recording said statement shall be taxed as a part of the cost. Sec. 28. Any party claiming a lien may assign his claim Assig rnent of and lien to any other claimant or other person, who shall caun' thereupon have all the rights and remedies of the assignor. The purpose of the enforcement of any such lien by action under this act shall be a sufficient consideration as to all other parties for the purposes of such action. Such assign¬ ment may be made before or after the filing of the statement mentioned in said Section 10. Any such claimant, whether as assignee or otherwise, may include all of said liens he may possess in any such statement, and when more than one such claim shall be included in one such statement, one verification tatement‘ thereto shall be sufficient. Any person may file a separate statement of two or more claims of the same class. Sec. 29. If any person shall file either of said statements for a lien for a larger sum than is due, or to become due, in fact or in probability, as the case may be, with intent to cheat SibS*”* 0 or defraud any other person, and that fact shall appear in any proceedings under this act, such person shall forfeit all rights to such lien under this act. Sec. 30. The claimant of any such lien the statement of which has been filed as aforesaid, on the payment of the amount thereof, together with the costs of filing and recording Acknowledgment or such lien, and the acknowledgment of satisfaction, shall at theclalmant’ request of any person interested in the property charged therewith, enter, or cause to be entered, an acknowledgment 32 LAWS OF UTAH. Release of record of statement. of satisfaction of the same of record; and if- he shall neglect or refuse to do so within a reasonable time after request of any person so interested, he shall forfeit and pay to said per¬ son the sum of twenty dollars for every day of such neglect, or refusal, to be recovered in the same manner as any other debts. A valid tender of such payment refused by any such StoptymTA' claimant shall be equivalent to a payment for the purposes of this section. Any such statement may be cancelled of how cancelled, record in the same manner as mortgages. Any person who shall file such statement setting forth his intent to do such work or furnish such materials and shall fail to commence to do such work or to furnish such material, without delay, shall at his own expense cause such statement to be released of record, and if he shall neglect or refuse to do so within five days after the request of any person so interested, he shall for¬ feit and pay to said person so interested the sum of twenty dollars for every day of such neglect or refusal, to be recovered in the same manner as other debts. Sec. 31. No remedy given in this act shall be construed as preventing any person from enforcing any other remedy which he otherwise would have had, except as otherwise here¬ in provided. The practice under this act shall be in accord¬ ance with the code of civil procedure of this Territory. Sec. 32. All acts and parts of acts inconsistent with the provisions of this act, and Sections 3806 to Section 3820 both inclusive of the Compiled Laws of Utah 1888, are hereby re¬ pealed; Provided th&t the repeal of said acts or part of acts, or any of them, shall not affect any right or remedy nor abate any suit or action or proceeding existing, instituted or pend¬ ing under the laws hereby repealed. Sec. 33. This act shall take effect upon its approval. Approved March 12, 1890. Enforcement of remedy. Repeal. CHAPTER XXXI. BOUNTIES. Bounty on iron. Iron pipe. AN ACT to encourage Manufactures and paying Bounty therefor. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That there shall oe paid out of the territorial treasury to any corporation, firm or person engaged in the manufacture of iron in this Territory from ores mined in Utah, a bounty of two dollars per ton upon each and every ton of iron so manufactured under the condi¬ tions and restrictions of this act. Sec. 2. That there shall be paid out of the territorial treasury to any corporation, firm or person engaged in the manufacture of cast iron pipe or lap-welded wrought iron pipe LAWS OF UTAH. 33 or tubing in this Territory from raw material manufactured in Utah, a bounty of five dollars per ton on each and every ton of cast iron pipe or lap-welded wrought iron pipe or tubing so manufactured under the conditions and restrictions of this act. Sec. 3. That there shall be paid out of the territorial treasury to any corporation, firm or person engaged in the manufacture of sugar in this Territory, from sorghum, beets sugar, or other sugar bearing plants grown in Utah, a bounty of one cent per pound upon each and every pound of sugar so manu¬ factured under the conditions and restrictions of this act. Sec. 4. That there shall be paid out of the territorial treasury to any corporation, firm or person engaged in the manufacture of rope and twine in this Territory, from hemp, Bweandtwiiie- okra or other suitable plant grown in Utah, a bounty of one cent per pound upon each and every pound of rope or twine so manufactured under the conditions and restrictions of this act. Sec. 5. No bounty shall be paid upon any iron which is not suitable for manufacturing purposes, nor upon any cast iron pipe or lap-welded wrought iron pipe or tubing which is not perfectly made and merchantable at such prices as imported pipe of same sizes is sold in this market, nor upon any sugar When bounties that does not contain at least ninety (90) per cent of crystal- sha11 not be pai or other officer in its employ having the managements or con¬ trol of the moving of passenger trains to make public in the manner provided in Section 1 of this act the information required therein. A failure so to do shall make the company ^SP°afnr^ or corporation so failing liable for all damages and costs that may be sustained by any person by reason of such failure. Approved March 12, 1890. CHAPTER XXXIII. RAILROAD CONSOLIDATION. AN ACT amending Section 2360, of the Compiled Laws of Utah, of 1888* relating to Railroad Corporations. Section 1. Be it enacted by the Governor and I sgislative Assembly of the Territory of Utah: That Section 2360 of the Compiled Laws of Utah of 1888 is amended to read as follows: Sec. 2360. s. 46. Jt shall be lawful for any railroad companies organized under the laws of this Territory to con- Consolidation of solidate their capital stock, debts, property assets and fran- raToVd companies chises together, and make, like consolidations with any rail¬ road company or companies organized under the laws of any State or other Territory; and any consolidation of any domestic railroad companies heretofore effected under the laws of this Territory is hereby validated and confirmed. Provided ; that none of such roads consolidating shall be conditions, parallel or competitive, but shall be substantially continuous and connective. Approved March 12, 1890. CHAPTER XXXIY. INSANE ASYLUM. AN ACT amending Section 1941 s 2 of the Compiled Laws of Utah o 1888 relating to Insane Asylum. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 1941, s 2, of I 36 LAWS OF UTAH. the Compiled Laws of Utah, of 1888, is hereby amended by striking out the word “four” in line eight of said section and Board or Director, inserting in lieu thereof the word “two,” and by striking out all of said section after the word “qualified in line nine and inserting in lieu thereof the following: Piovided, That said board of directors shall consist of seven persons. The terms of office of all directors now in office shall cease and terminate as soon as their successors in office are qualified. Sec. 2. This act shall be in force upon its approval. Approved March 12, 1890. CHAPTER XXXV. INTOXICATING LIQUORS. AN ACT amending Sections 2160, 2169 and 2170 of the Compiled Laws of Utah of 1888 relating to intoxicating liquors. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section two thousand one hundred and sixty of the Compiled Laws of Utah of 1888, is hereby amended to read as follows ; Sec. 2160. s. 5. Any person who shall knowingly give, sell or otherwise dispose of any intoxicating drink to an Indian, insane or idiotic person, and any person licensed as hereinafter provided, or any other person who shall for com- 'Penaity .or se.ung pensation knowingly give, sell or otherwise dispose of any hUftukwruS intoxicating drink to any minor or who shall permit any of etc- said persons to be or remain in his place of business where liquors are sold, without the written consent of the parents or guardians thereof or who shall give, sell or otherwise dispose of any intoxicating drink to any person who is known in the community in which he resides to be an habitual drunkard, shall be guilty of a misdemeanor. Sec. 2. That section twenty-one hundred and sixty-nine of said laws is hereby amended to read as follows : Sec. 2169 s. 1. It shall be unlawful for any person either licensed or unlicensed to sell, give away or in any man¬ ner dispose of directly or indirectly any spirituous, vinous or other intoxicating liquors on any part of any day set apart or posai of on election to be set apart tor any general or special election for any territorial, county, municipal, district or precinct officer, except district school trustees, in any election precinct or district in any of the counties or municipalities in this Territory, except for medical purposes upon the prescription of a physician. Any person violating the provisions of this section shall be guilty of a misdemeanor. Sec. 3. That twenty-one hundred and seventy of said laws is hereby amended fo> read as follows; LAWS OF UTAH. 37 Sec. 2170. Any physician who shall issue to any per¬ son a prescription to obtain any intoxicating liquors at any time when the sale or disposal thereof shall have been forbid- den by law shall certify on said prescription that the health tions- of the person to whom the prescription is issued requires, and would be promoted by, the particular kind of liquor pre¬ scribed. Any physician who shall issue any prescription for intox¬ icating liquors contrary to this section shall be guilty of a mis¬ demeanor. Sec. 4. This act shall take effect from and after the 30th day of April, 1890. Approved March 12, 1890. CHAPTER XXXVI. NOTICE FOR RENT. AN ACT amending Section 3788 of the Compiled Laws of Utah of 1888, relating to summary proceedings for obtaining possession of real property in certain cases by adding thereto another subdivision numbered 5. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 3788 of the Compiled Laws of Utah of one thousand eight hundred and eighty-eight is amended by adding to the end of said section another subdivision viz: 5 — as follows — 5, The demands for rent and the services of the notices Tim? and place 0 mentioned in this section may be made at any place and atservlC6, any time after the rent is duo. Sec. 2. This act shall take effect upon its approval. Approved March 12, 1890. CHAPTER XXXVII. MINES. AN ACT to provide right of way and easements for the development of mines. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the owner, locator or occupant of a mining claim, whether patented under the laws of the United States or held by location or possession may R4ghtof way. have and acquire a right of way for ingress and egress, when necessary in working such mining claim over and across the lands or mining claims of others, whether patented or other¬ wise. 38 LAWS OF UTAH. Use of right of way. How secured. Petition. Citation to appear. Hearing. Sec. 2. When any mine or mining claim is so situated that for the more convenient enjoyment of the same a road, railroad or tramway therefrom or thereto, or ditch, flume, water pipe line, cut or tunnel to drain or convey the waters, or tailings therefrom or thereto, or a tunnel may be necessary for the better working thereof, which road, railroad, tramway, ditch, canal, flume, water pipe line, cut or tunnel, may require the use or occupancy for such right of way of lands or mining grounds owned, occupied or possessed by others than the person or body corporate requiring an easement for any of the purposes described, the owner, claimant or occupant of the mine or mining claim first above mentioned is, entitled to a right of way, entry and possession for all the uses and privi¬ leges for such road, railroad, tramway, ditch, canal, flume, water pipe line, cut or tunnel in, upon, through and across such other lands or mining claims, upon compliance with the provisions of this act. Sec. 3. When the owner, claimant or occupant of any mine or mining claims desires to work the same and to enable him to do so successfully and conveniently it is necessary that he have a right of way for any of the purposes mentioned in the foregoing sections, if such right of way cannot be acquired by agreement with the claimant or owner of the lands or claims over, under across or upon which he seeks to establish such right of way he may present to the judge of the district court of the district in which such right of way or some part thereof sought to be enforced is situated, a petition praying that such right of way be awarded to him. Such petition must be verified and contain a particular description of the character and extent of the right sought a description of the mine or claim of the petition and the claim and lands to be affected by such right or privilege with the names of the oc¬ cupants or owners thereof. He shall also set forth any tender or offer hereinafter mentioned and demand the relief sought. Sec. 4. Upon the receipt of such petition and filing the same with the clerk of such court the judge must direct a cita¬ tion to be issued under the seal of such court to the owners named in the petition of the mining claims and lands to be affected by the proceedings requiring them and each of them to appear before the judge on the day therein named which must not be less than ten days from the service thereof, and answer and show cause why such right of way should not be allowed as prayed for, such citation must be served on each of the parties in the manner prescribed by law for serving sum¬ mons in ordinary proceedings at law. Sec. 6. Upon the return day of the citation or upon any day to which the hearing may be adjourned, the judge must proceed to hear the allegations and proofs of the respective parties, and if upon such hearing he is satisfied that the claims of the petitioners can only be conveniently and sue- LAWS OF UTAH. 39 cessfully worked by means of the privilege prayed for, he must make an order adjudging and awarding to the petitioners such right of way and must appoint three commissioners, commisdoners. who must be disinterested parties and residents of the district to assess the damages resulting to the lands or claims affected by such order. Sec. 6. The commissioners so appointed must be sworn to faithfully and impartially discharge their duties, and must proceed without unreasonable delay , to examine the premises and assess the damages resulting from such right or privilege Duties. prayed for, and report the amount of the same to the judge appointing them ; and if such right of way affects the property of more than one person or company, such report must contain an assessment of damages to each company or person. Sec. 7. For good cause shown, the judge may set aside Reportmaybeset the report of such commissioners and appoint three other aside- commissioners whose duty shall be the same as above men¬ tioned. Sec. 8. Upon the payment of the sum assessed as dam¬ ages as aforesaid, to the persons to whom it is awarded, or a tender thereof to them, then the person petitioning as afore¬ said, is entitled to the right of way prayed for in his petition M*y occupy, and may immediately proceed to occupy the same and erect thereon such works and structures, and make therein such excavations as may be necessary to the use and enjoyment of the right of way so awarded. Sec. 9. Appeals from the assessment of damages made by the commissioners may be made and taken to the district court in the same manner and subject to the same conditions Appeals and requirements as appeals taken to the district court from judgments of justices of the peace, and upon such appeal the trial shall be by jury unless a jury trial is waived as in other civil cases. Sec. 10. The prosecution of an appeal does not hinder, de¬ lay or prevent the respondent from exercising all the rights and privileges granted by the award, if he files with the clerk of the court in which the appeal is pending, a bond with suffi- AppealBonds- cient sureties to be approved by the clerk, in double the amount of the assessment appealed from, conditioned that the respondent will pay to the appellant all damages he may sus¬ tain, and whatever amount he may recover in the action. Sec. 11. If the appellant recover more damages than the coinmissioners awarded, or the respondent offers to allow, Co3t8 the respondent must pay the costs of the appeal, otherwise the appellant must pay such costs. Sec. 12. The costs and expenses of proceedings under the provisions of this act, except as herein otherwise provided, must be paid by the party making the application. Sec. 13. Nothing contained in this act shall be so con- 40 LAWS OF UTAH. Crossings, etc. County court to appoint inspectors. Qualifications of inspector. Bond. Deputies. Duties. Expenses. strued as to permit, allow or authorize the dumping of waste or the erection of buildings upon the surface ground obtained under the provisions of this act, and the party so obtaining right of way shall, without delay, construct safe and permanent crossings over and across any flume, open cut, or excavation that may necessarily be made; and the persons obtaining such right of way or easement shall at once safely and permanently secure and keep in good repair all ways, tunnels, drifts, cuts, drains and excavations, made by them. Approved March 12, 1890. CHAPTER XXXVIII. CONTAGIOUS DISEASES. AN ACT to prevent the spread and providing for the treatment of' contagious diseases among sheep. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That within sixty days after the approval of this act, the county court of each county in this Territory, shall appoint an inspector of sheep for their respective counties. Such inspector shall hold office during the pleasure of the county court and until his successor is duly ap¬ pointed and qualified. Sec. 2. Each inspector of sheep shall be a practical sheep man and a resident of the county for which he is appointed. Before entering upon the duties of his office he shall execute a bond payable to the Territory of Utah, in the sum of one thousand ($1000.00) dollars, with at least two good and suffi¬ cient sureties to be approved by the county court, and filed with the clerk of said court, conditioned for the faithful per¬ formance of the duties of his office. Each inspector may ap¬ point one or more deputies for whose official acts he shall be responsible. Upon the affidavit of any citizen of the county, having or owning sheep, that sheep owned by, or in charge of any other person, are afflicted with scab, scabies, or any con¬ tagious or infectious disease, and that such owner or other person has been notified of the fact and fails to take proper steps for the treatment and cure of such diseased sheep, it shall be the duty of the inspector, without delay, to examine such sheep, and, if he shall find them, or any of them, to be infected with any such disease, he shall take such sheep in his possession at once, and take, or cause to be taken, the proper steps for their treatment and cure, and the owner or owners of such diseased sheep shall be liable to said inspector for all necessary expenses, costs and charges incurred thereby, includ¬ ing a compensation of three dollars a day to such inspector for every day in which he shall be necessarily employed and LAWS OF UTAH. 41 ten cents per mile for each and every mile traveled in going to and from such place; Provided , that no inspector shall be required to proceed to inspect any sheep complained of, until the party complaining shall have deposited with the inspector Deposit maybe an amount, sufficient to cover his per diem and mileage, reqmred' which the party complaining shall pay if the complaint prove false. Sec. 3. Any person, company or corporation bringing or causing to be brought into this Territory by railroad any sheep, shall immediately upon their arrival at the first place shee0PrUtIon °f where they are to be unloaded report them for inspection to the nearest inspector, and the owners or persons in charge of sheep brought into this Territory in any manner except by railroad shall immediately report their arrival to the inspector of the county which they first enter. Upon receiving such report the inspector shall immediately inspect such sheep, and if he finds them to be free from all infectious and con¬ tagious diseases he shall issue a certificate over his official InsPection- signature that such sheep have been duly inspected and that they are free from all contagious and infectious diseases. Such certificate shall entitle the sheep so inspected to pass over any portion of the Territory, and they shall not be interfered with except upon a complaint by affidavit as provided in Section 2 of this act. All expenses incurred by inspections provided for in this section shall be paid by the owners or persons in Sdebyeowner. charge of such sheep, and all such expenses shall be a lien on the sheep so inspected or treated, and the inspector is author¬ ized to take and hold in his possession a sufficient number of such sheep, but no more than may be considered necessary, to pay the expenses so incurred. The provisions of this section shall not apply to sheep unloaded in transit through the Terri¬ tory, nor to sheep owned by residents of the Territory which may be ranged a portion of the year without but near the boundaries of this Territory. Sec. 4. Whenever said inspector shall find any sheep afflicted by any contagious or infectious disease he shall forth- Treatmentof with take every measure and precaution to prevent such dis- eased sheep from going among or mingling with any other sheep so afflicted and shall so notify the owner or person in charge of such diseased sheep. The owner or person in charge of such diseased sheep shall immediately proceed to treat them for the cure of such disease under the supervision of said inspector, any person who shall refuse or neglect to im¬ mediately observe the directions of such inspector as herein- Pines. before provided shall, on conviction of such refusal, or neglect, be fined not less than fifty nor more than two hundred dollars. Sec. 5. In case the owner or person in charge of such diseased sheep shall fail or refuse for the period of thirty days to treat such sheep under the supervision of said inspector as provided in Section 3 of this act, then said inspector shall 42 LAWS OF UTAH. Seizmre. Costs, et«. Exception. Pees of inspector. Penalty. Prosecutions. Failure to inspect. seize such diseased sheep and shall proceed to treat them for such disease, and the cost of such seizure, keeping and treat¬ ment and the fees and riiileage of such inspector as provided in Section 1 of this act, shall be a charge and a lien on the sheep so seized, and such inspector shall hold such sheep till such amount be paid. Immediately after the completion of the treatment as herein provided the inspector shall notify the person or persons in charge of the amount of costs and ex¬ penses incurred thereby, and that said sheep are ready to be returned upon payment of such costs and charges, and if such sum be not paid within ten days after the receipt of such notice said inspector shall recover the same from the owner of such sheep by an action in any court of competent jurisdic¬ tion but such action cannot be commenced after twenty days from the giving of such notice. Provided , no person or com¬ pany shall be required to dip or treat a band of sheep or any part of them, in which there are ewes with lamb, at any time from the fifteenth day of March to the fifteenth day of June in any year. Sec. 6. The fees of the inspector shall be as follows: For inspecting and granting certificates and traveling permits, three dollars each day and ten cents per mile for every mile necessarily traveled in making such inspection. Sec. 7. Any person, company or corporation violating any of the provisions of this act shall be liable in a civil action for all damages sustained by any person, company or corporation in consequence of such violation. Sec. 8. It shall be the duty of the inspector and his deputies to institute prosecutions for all violations of this act, but nothing herein contained shall prevent other persons from so doing. Sec. 9. Any inspector who shall fail to inspect any sheep upon the application or affidavit of any person made in com¬ pliance with the provisions of this act, and any other per¬ son who shall violate any of the provisions of this act, shall be guilty of a misdemeanor. Approved March 12, 1890. CHAPTER XXXIX. APPROPRIATIONS. AN ACT making Appropriations for general purposes. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the following sums of money are hereby appropriated out of any money in the ter¬ ritorial treasur}^ not otherwise appropriated for the purposes hereinafter expressed; LAWS OF UTAH. 43 1st. For salary of auditor of public accounts, for the years 1890 and 1891, one half to be drawn each year . . 2nd. For salary of territorial treasurer for the years 1890 and 1891, one half to be drawn each year . . 3rd. For salary of territorial commissioner of dis¬ trict schools for the years 1890 and 1891 to be drawn quarterly . . 4th. For salary of the territorial librarian for the years 1890 and 1891, to be drawn quarterly, Provided that this compensation sha}l include all the incidental expenses connected with the librarians office . . 5th. For rent of rooms for the auditor and treas¬ urer, sealer of weights and measures and recor¬ der of marks and brands for the years 1890 and 1891 . 6th. For incidental expenses of the offices of audi¬ tor of public accounts, sealer of weights and measures and recorder of marks and brands for the years 1890 and 1891, or so much thereof as may be necessary. Provided , the same shall be paid out on vouchers approved by and filed with the auditor, a statement of which shall be presented to the Legislative Assembly at the next regular session thereof . 7th. For incidental expenses of the office of terri¬ torial treasurer, for the years 1890 and 1891, or so much thereof as may be necessary . . 8th. For incidental expenses of the office of the territorial commissioner of district schools for the years 1890 and 1891 . 9th. For services of clerk of the First Judicial District Court for the years 1890 and 1891 to be drawn quarterly . 10th. For services of clerk of the Second Judicial District Court for the years 1890 and 1891 to be drawn quarterly . . 11th. For services of clerk of the Third Judicial District Court for the years 1890 and 1891 to be drawn quarterly . . Provided, that the amounts specified in items 9, 10 and 11, shall be in lieu of all fees now allowed said clerks by law in territorial criminal cases. 12th. To pay deficiency of witness and jurors in territorial criminal cases for 1889 as reported by court commissioners as follows : To First 'Judicial District Provo division to be drawn on the order of J. W. Turner . Auditor's salary. $ 4800 00 Treasurer’s salary. 2500 00 School Commis¬ sioner’s salary. 3000 00 Librarian’s salary. 500 00 Rent. 2400 00 Incidentals. 750 00 Same. 250 00 Same. 250 00 Salary of clerk of court. 2000 00 Same. 1500 00 Same. 2000 00 Proviso. Witnesses and jurors. 7138 52 44 LAWS OF UTAH. Expenses of criminal cases. Proviso. Insane Asylum. Same. Reform School. Agricultural College. Same, expenses of Proviso. D. A. & M. Society. Same. To First Judicial District Ogden division to be drawn on the order of Joseph Stanford . To Third Judicial District to be drawn on the order of George D. Pyper . . . 13th. For payment of witnesses and jurors and phonographic reporters in territorial criminal cases in the district courts of this Territory for the years 1890 and 1891, or so much thereof as may be necessary . Provided , That the above amounts shall be drawn by the court commissioners of each district and paid out upon vouchers duly authenticated for services as jurors in territorial civil and criminal cases and for witnesses and phonographic reporters in criminal cases in which the Territory is liable as required by law. 14th. For the expenses of the Territorial Insane Asylum for the years 1890 and 1891 one-half to be drawn in 1890 and one-half to be drawn in 1891, to be drawn on the order of the board of directors . . . . 15th. For the completion of the Territorial Insane Asylum, according to the plans and specifications adopted by its board of directors, or so much thereof as may be necessary . To be drawn on the order of the board of directors. 16th. To the Territorial Reform School for com¬ pleting the same according to the plans and specifications adopted by the board of trustees or so much thereof as may be necessary . To be drawn by the board of trustees. 17th. To the Agricultural College for the purpose of erecting buildingsjimproving and equipping the farm and furnishing the building, and for the purchase of additional land or so much thereof as may be necessary . For current running expenses of said college for 1890 and 1891 or so much thereof as may be necessary . Provided one-half of the last amount shall be drawn in 1890 and one-half in 1891, the same to be drawn on the order of the board of trustees. 18th. To the Deseret Agricultural and Manufac¬ turing Society to pay deficiency incurred in the erection of Fair Buildings . . To the said Deseret Agricultural and Manufacturing Society for the purpose of erect¬ ing additional fair buildings according to the $ 3112 00 2406 52 75000 00 60000 00 163000 00 35000 00 33000 00 15000 00 9167 42 LAWS OF UTAH. 45 plans and specifications adopted by the board of directors, or so much thereof as may be necessary to be drawn on the order of the board of directors . $25050 00 19th. To S. T. Whitaker for services as minute whitaker. clerk of the House for the 29th session . 300 00 20th. To John H. Maughan for services during Maughan. the 29th session . 150 00 21st. To M. W. Mansfield assessor and collector of Piute County for relief on account of de- Mansfield' linquent taxes for 1887 and 1888 . 35 64 22nd. To A. E. Merriam assessor and collector of Sanpete County for relief on account of de- Merriam. linquent taxes for 1888 and 1889 . 34 55 23rd. To William J. Clarke for fees as clerk of the Supreme Court of the Territory of Utah in ciarte. territorial criminal cases for the vears 1888 and 1889 . * . 110 50 24th. To A. Milton Musser for services acting as fish commissioners for Utah Territory for 1888 and 1889 . . . 700 00 25th. To Gilbert R. Belknap sheriff of Weber County for attendance on the district court of the First Judicial by order of said court 330 Belknap, days during the years 1888 and 1889 at $3.00 per day . . 990 00 For attendance on said court in 1886 and 1887 . 207 00 26th. To Thomas Fowler sheriff of Utah County for attendance on the district court of the First Fowier. Judicial District by order of said court 220 days in the years 1888 and 1889 at $3.00 per day. 660 00 27th. To Jesse Baldwin sheriff of Beaver County Baldwin for attendance on the Second District Court by order of said court 141 days during the years 1888 and 1889 at $3.00 per day . 423 00 28th. To Deseret News Company for payment of Deseret News, bill for incorporation record furnished the clerk of the Third District Court.. . 15 00 29th. To the Deseret News Company for blanks furnished the court commissioners . 32 25 Same' 30th. To the Deseret News Company for payment of bill of records and criminal blanks fur* Same- nished by the order of the clerk of the dis¬ trict court of the Second Judicial District . 435 22 31st. To Geo. D. Barnard for books furnished the Barnard. clerk of the Third District Court . . . 83 75 32nd. To Kelly & Cd. for payment of invoice of record books furnished the clerk of the court Ke"y & Co- of the First Judicial District . 275 00 46 LAWS OF UTAH. Star Printing Co. History Co. Parry & Co. Barnard & Co McMillan. Libary. Uintah County. Boreman. Williams. Reports. Lindsay.. First District Court Uintah County. Roads and bridges. 33rd. To Star Printing Company for printing dur¬ ing the twenty-eight session of the legislature $ 34th. To the History Company of San Francisco for invoice of books furnished the territorial library . 35th. To J. H. Pany & Co. in payment of bill of printing for the territorial library . . 36th. To Geo. D. Barnard & Co. for payment of invoice of file cabinets furnished the clerk of the Third Judicial District Court . 37th. To H. G. McMillan for freight paid on file cabinets for the Third Judicial District Court . 38th. To Nephi W. Clayton, for books and sundry expenses for the territorial library as per re¬ port . . 38Jth. To Uintah County for relief on account of expenses incurred by said county in enforcing quarantine regulations to prevent the spread of diphtheria in 1889 . . . . 39th. To Jacob S. Boreman for school blanks printed by the Commercial Publishing Com¬ pany per invoice . For postage stamps and paper . 40th. To P. L. Williams ex-commissioner of dis¬ trict schools for blanks etc. used in his office in 1888 . f . 41st. For printing report of 1888 . 42nd. To Martin S. Lindsay for clerical services rendered on the last day of the twenty-eighth session of the Legislature . 43rd. For the purchase of 120 file cases for the office of the clerk of the First Judicial District Court at Provo, or so much thereof as may be necessary . 44th. To Uintah County for the purpose of reliev¬ ing William E. French sheriff of said county for fees and expenses incurred by him in crim¬ inal cases . 45th. To the counties hereinafter mentioned for the purpose of improving roads and bridges to be drawn on the order of the county courts of the respective counties as follows to wit: To Salt Lake County . . “ Garfield County . “ Iron County . . . “ San Juan County . . . “ Piute County . “ Kane County . “ Morgan County . “ Davis County . 3 25 30 00 26 75 475 00 42 38 115 68 933 40 155 00 16 00 109 00 78 55 5 00 275 00 257 25 2500 00 1500 00 1000 00 1000 00 1500 00 2500 00 1000 00 1000 00 LAW8 OF UTAH. 47 To Utah County . $ 2000 00 “ Milliard County . 2500 00 “ Weber County . 2500 00 “ Beaver County . 1500 00 “ Emery County . 2000 00 “ Wasatch County . 2000 00 “ Sanpete County . 2000 00 “ Box Elder County . 4000 00 u Uintah County.. . 2000 00 “ Summit (bounty . 2000 00 “ Washington County . 4000 00 “ Cache County . 2000 00 “ Rich County . 1000 00 “ Juab County . 2000 00 “ Sevier County . 3000 00 “ Tooele County . 1000 00 46th. To Joseph A. Lyman assessor and collector of Millard County on account of taxes re- Lyman> mitted by the county court of Millard County. 150 56 47th. To Peter O. Hallingreen for services as juror Hamngreen. in 1887 in civil cases . 4 00 48th. To J. K. Fowler for services as juror in Powler. November 1886 . 10 00 49th. For deficiency of jurors in civil cases for the years 1886 and 1887 or so much thereof as Jurors* may be necessary . 2000 0<> Provided , The above amount shall be drawn by the court commissioners and paid out on duly authenticated certificates of said jury service. 50th. To each of the judges of the district courts of this Territory as additional salary for 1890 District judges, and 1891 , the same to be paid quarter yearly $2000. Total . 8000 00 51st. For salary of private secretary in the executive office for the years 1890 and 1891 $1200 per annum . 2400 00 52nd. For the improvement of capitol grounds to be drawn by and expended under the super- capitoi Grounds. vision of the capitol commission . 10000 00 Provided , that the above amount be ex¬ pended on condition that Salt Lake City furn¬ ish, free of charge sufficient water for said Proviso- grounds and for the building proposed to be erected thereon. 53rd. To Joseph Stanford for balance due for salary Stanford. as court commissioner . 75 00 For reimbursing him for amount overpaid on jury certificates — . 19 39 48 LAWS OF UTAH. Matthews. Thompion. King. Pyper. Nebeker. Callister. Auditor. Same. Cummings. Pratt. Ifillis. Metcalf. Turner. Ivins. Kilpack. Jones. Clark. Clayton University lands. 54th. To Alma Mathews for juror’s services May term First Judicial District 1885 . $ 30 64 55th. To W. S. Thompson assessor and collector Garfield County for uncollectible taxes 1887, 1888 and 1S89 . 86 22 56th. To W. H. King ex-collector Millard County, for amount overpaid to the Territory taxes on transitory herds . 128 00 57th. To Geo. D Pyper court commissioner in the Third Judicial District extra services 1888- 1889 . 300 00 58th. To W. A. Nebeker assessor and collector of Rich County for uncollectible taxes 1884 and 1887 . 19 12 59th. To T. C. Callister ex-assessor and collector, Millard County, for uncollectible taxes for the year 1884 . 69 61 60th. To reimburse N. W. Clayton auditor for amount paid P. L. Williams, territorial school commissioner . . 750 00 61st. To N W. Clayton rent of office for auditor three month at $50 00 per month . 150 00 62nd. To B. F. Cummings services as engrossing clerk 28th Session . . . . . . 6 00 63rd. To V. M. Pratt services engrossing clerk 28th Session . 5 00 64th. To George Willis services engrossing clerk 28th Session . 30 00 65th. To John W. Metcalf serving writs of com¬ mitment as per his bill to Territorial Reform School . 24 00 66th. To John W. Turner ex-sheriff Utah County attendance on First District Court 1888 171 00 67th. A. W. Ivins assessor and collector Washing¬ ton County uncollectible taxes . 109 63 68th. To J. D. Kilpack assessor and collector Emery County, uncollectible taxes . . . 148 90 69th. To E. W. Jones ex-assessor and collector Emery County uncollectible taxes . 136 16 70th. To Win. H. Clark ex-assessor and collector Sevier County uncollectible taxes . 198 89 71st. To N. W. Clayton for 500 copies of recorded marks and brands to date, to be distributed by the auditor to the several county courts for the use of justices of the peace and constables . 1000 00 72nd. To the commissioners to locate University lands, F. A. Mitchell . $200 00 I. M. Waddell . $200 00 R. A. Ballantyne . . $200 00 600 00 LAWS OF UTAH. 49 73rd. To J. B. Morrison chaplain of the Council 29th Session . . 74th. To C. D. W. Fullmer minute clerk of the Council 29th Session . . . 75th. To Simmons and Stayner land attorneys, legal services for commissioners to locate Uni¬ versity lands . 76th. Maintenance of Reform School, tools &c., for the years 189u and 1891 . 77th. Contingent expenses, executive office for 1890 and 1891 . 78th. Fees to clerk of Supreme Court of the Ter¬ ritory of Utah in territorial criminal cases 1890, 1891 . . . 79th. For territorial statistician one-half to be drawn in 1890 and one-half in 1891 . 80th. To N. W. Clayton for distributing Compiled Laws of Utah Territory as per instructions of compilation committee. . . . 81st. For Deseret University, furnishing Univer¬ sity building . Miscellaneous . Finishing Deaf Mute building . Maintenance . . 82nd. To Geo. C. Lambert for printing for 29th session of Legislative Assembly as per bill rendered . 83rd. To claims of sundry persons for extra clerk hire at the 29th session of Utah Legislature viz J. E. Hansen . $ 5.50. P. P. Christensen . 7.00. John Sholdbrand . 5.50 Wallace Halladay . 20.00 M. S. Lindsay . 37.00 George Willes . 22.00 84th To the territorial recorder of marks and brands for publishing at least quarterly the recorded marks and brands of Utah Territory, same to be distributed free of charge, through the county clerks, to the various justices of the peace and constables throughout the Territory, one-half to be drawn in 1890 and balance in 1891 . 85th. To Secretary Elijah Sells for expense of committee rooms for Legislative Assembly 29th session . . ... . . 86th. For sundry expenses of 28th session to be drawn on order of Robert C. Easton . 87th. For sundry expenses of 29th session to be drawn on order of S. F. Bal1 . . . ... 8 ' Morrison. 150 00 300 00 500 00 50552 89 600 00 300 00 500 00 150 00 15000 00 5000 00 35000 00 20000 00 1879 30 Fullmer. Simmons and Stayner. Reform School. Executive con¬ tingent. Clerk Supreme Court. Territorial statis¬ tician. Clayton. University. Lambert. Clerks. 97 00 Marks and Brands. 500 00 Secretary Sells. 60 00 Easton. 65 00 Bal^. 15 00 50 LAWS OF UTAH. Sec. 2. That the moneys herein appropriated to the several territorial institutions for building purposes shall be subject to the warrants of the several respective boards of such institutions to the amount and in such sums as any such Territorial institu- institution is entitled under the appropriation herein made, tioos. when the money or any part thereof derived from the sale of the territorial bonds provided for at this session of the legis¬ lature is in the territorial treasury, and the money derived from the sale of such bonds shall not be used for any other purpose than for the completion of the buildings of said institutions. Approved March 13, 1890. CHAPTER XL. REVENUE. AN ACT amending Sections 2008, 2012, 2013, 2023, 2027, 2030 and 2043 of the Compiled Laws of Utah of 1888 relating to Revenue, and enacting new sections to be numbered 2026a, 2026b, 2026c, 2026d, 2030a 2030b. Section. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 2008 of the Compiled Laws of Utah, 1888, is hereby amended to read as follows 2008. That there is hereby levied and directed to be assessed and collected annually, beginning with the year 1 890 an ad valorem tax on all taxable property in the Territory of Utah as follows : Two mills on the dollar, for territorial pur- Rateof taxation. p0geg^ three mills on the dollar for district school purposes, such sums as the county courts of the several counties may designate for district school purposes in such counties not to exceed two mills on the dollar and such sums as the county courts of the several counties may designate for county pur¬ poses not to exceed three mills on the dollar. Sec. 2. That Section 2012 of said laws is hereby amended to read as follows: 2012. s. 5. Property shall be assessed to the owner, if known ; if the owner be unknown, then to an unknown owner. To whom assessed, tax shall attach to and constitute a lien on the property assessed, if real estate, from the thirty-first day of August of each year, and, if personal property, from the day of assess¬ ment. If the taxpayer own both real estate and personal tax¬ able property, the tax on personal property shall also be a lien on the real estate. In each and every case the lien shall be paramount to all other liens whatsoever, and it shall not be removed therefrom until the tax is paid or until the title vests thereto, under a sale thereof, by virtue of proceedings to enforce payment of the tax. LAWS OF UTAH. 51 Sec. 3. That Section 2013 of said laws is hereby amended to read as follows! 2013 s. 6. In assessing real estate it shall be described with reasonable certainty as to locality and quantity, according to the maps or plats herein provided for. It shall be suffi- Asse9sm9ntofreal cient in towns and cities to give the number of the lot, block, e8tate- and plat, and on other lands the approximate area within the section, or other legal subdivision thereof and the township and range in which it is situated. The real estate and im¬ provements thereon shall be assessed and listed separately. Sec. 4. That section 2023 of the Compiled Laws of Utah of 1888 is hereby amended to read as follows: 2023. s. 16. Each and every taxpayer shall make a written statement upon a blank form to be furnished him by the written statement, assessor of all taxable property owned by him or of which he has control or custody as agent trustee or otherwise which statement must be verified under oath by such taxpayer as to its correctness. The assessor may leave at the residence or place of business of any taxpayer a blank form of statement re¬ quiring the taxpayer to fill out and return the same to the assessor within twenty days from date of service; and any person, corporation, firm, or association furnished with said blank form must return the same to the assessor, duly verified under oath, as to its correctness, and upon any neglect or re¬ fusal to make or return the statement, herein provided for, the 1 at i 1 ' Refusal or negleot. assessor must note the refusal or neglect on the assessment book opposite the taxpayers name, and must make an esti¬ mate of the value of the property of such person, and the value so fixed by the assessor must not be reduced but may be in¬ creased by the board of equalization. The county court shall Countycourt t0 furnish to the asessor a suitable book or books, conveniently lurni3hbooks- ruled and headed, for designating the property to be assessed, which shall constitute the assessment roll Sec. 5. That a new section numbered 2026a, is hereby enacted as follows: Sec. 2026a. Any property wilfully concealed, removed, transferred, or misrepresented by the owner or agent thereof, to Misrepresentation, evade taxation, upon discovery, must be assessed at double its value Sec. 6. That a new section numbered 2026b is hereby enacted as follows: 2026b. Any property discovered by the assessor to have escaped assessment for the last preceding year through the fraud or wilful neglect of the taxpayer, if such property is Unas3essed prop. in the ownership or under the control of the same person who erty- owned or controlled it for such preceding year shall be as¬ sessed for the year in which discovery is made at double its value. Sec. 7. That a new section numbered 2026c is hereby enacted as follows: 52 LAWS OF UTAH. Liability of assessor. Duty of prosecu¬ ting attorney. Duty of county court. County clerk. Collector.' Board of Equaliza¬ tion. Remission of tax< 2026c. The assessor and his sureties shall be liable on his official bonds for all taxes on property within or known to the assessor to be assessable within the county, which through his wilful failure or neglect is unassessed, or which has been by him wilfully assessed at less than the cash value. Sec. 8. That a new section numbered 2026d is hereby enacted as follows : 2()26d. The prosecuting attorney of the respective counties must, after the assessor completes the assessment book for the year, commence an action on the assessor’s bond for the amount of taxes which it may come to his knowledge have been lost from such wilful failure or neglect to assess taxable property and from assessing property at less than cash value. Sec. 9.u;That Section 2027 of said laws is hereby amended to read as follows : 2027. The county court of each county shall on the return of the assessment roll appoint a time to hear com¬ plaints, determine the assessor’s and collector’s compensation, also determine the rate per cent of the county tax for the current year. The clerk of the county court shall, within twenty days after receipt of the assessment roll, set the amount of tax in the proper column, opposite the name or description of property and furnish the collector with said assessment roll. On receipt of the assessment roll from the clerk, the collector shall furnish to each taxpayer, by mail, postage prepaid, or leave at his residence or usual place of business, if known, a notice of the amount of tax assessed against him and of the day fixed by the board of equalization for hearing complaints, which notice shall be mailed at least ten days before the first day of hearing, and return said assessment roll to the county court, who shall constitute a board of equalization and shall have power to determine all complaints made in regard to assessed value of any property, and may change and correct any valuation, either by adding thereto or deducting therefrom. Upon the hearing of complaints the board may subpoena and administer oaths to witnesses and hear and take such evidence in relation to the subject pending as in its discretion it may deem proper. And if the board of equalization shall find it necessary to add to the assessed valuation of any property on the assessment roll, they shall direct the clerk to give notice to the persons interested by letter, postage prepaid, deposited in the post- office or otherwise, naming the day when they shall act in the case, and allowing a reasonable time for such party to appear. During the session of the board the assessor shall be present, and shall have liberty to make any statement touch¬ ing questions before the board. The board may remit or abate the taxes of any insane idiotic, infirm or indigent per- LAWS OF UTAH. 53 son to an amount not exceeding ten dollars for the current year. The county court must provide maps for the use of the assessor, showing the private lands owned or claimed in the county and the divisions and subdivisions of the survey and Maps. maps of cities, towns and school district must in like manner, be provided, and a duplicate set of maps for the collector where the office is separate. The cost of making such maps shall be borne equally by the county and Territory. It shall be sufficient in the case of the assessment of proper¬ ty to any corporation, company, firm or association, to address such notice to the president, cashier, superintendent, manager or agent of the corporation, company, firm or association as¬ sessed, at its principal place of business. Sec. 10. That section 2030 of said laws is hereby amended to read as follows: 2030. s. 19. On receipt of the duplicate roll with warrant attached, from the clerk of the county court, the collector shall proceed to collect the taxes and shall furnish to each taxpayer, Colleotlong. or leave at his residence or usual place of business, if known, a notice of the amount of tax assessed against him and when and where payable, and any and all taxes remaining unpaid after the thirty first day of October of each year shall be de¬ linquent. Sec. 11. That a new section numbered 2030a is hereby enacted as follows: 2030a. The collector shall on or before the first day of December of each year publish in alphabetical order a delin- Tax list, quent tax list showing the amount of territorial school and county and special district school taxes assessed against each de¬ linquent in his county Said list must be published for the period of ten days in a newspaper having a general circula¬ tion in the county. On the third Monday of December of each year the collector shall expose for sale sufficient of such sale, delinquent’s real estate, Provided, that the personal taxable property of such delinquents has been first exhausted by a levy and sale and for that purpose the tax on the real estate is made a lien on the personal property to pay the taxes and costs, at public auction at the front of the county court house and sell the same to the highest responsible bidder for cash, and the collector shall continue to sell from day to day until the property of such delinquents is exhausted or the taxes and costs paid. The collector shall receive costs as follows: Compensation. For each certificate of sale, per folio, twenty-five (25) cents. For publishing the name and amount of taxes due from each delinquent one (1) dollar. For filing certificate for tax sale with the county recorder fifty (50) cents. Sec. 12. That a new section numbered 2030b, is hereby enacted as follows: 2030b. Where personal taxable property only is assessed, 54 LAWS OF UTAH. Levy. Notice. Fees. Certificate. Terms defined. ■Streets, etc. and the tax becomes delinquent, it shall be the duty of the collector to levy upon enough of the personal property to pay the taxes and costs and proceed to sell the same as hereinafter provided. That he shall give notice of the time and place of sale and the kind of property to be sold, by posting notices of said sale in not less than three public places, one of which shall be posted in the precinct in which the taxpayer resides. Said notices shall be posted not less than ten days prior to said sale. The collector shall be entitled as costs to the same fees as a sheriff or constable for like services. The collector shall issue to the purchaser a certificate of sale, reciting the facts therein, which said certificate shall vest the title in said purchaser. Collections made under the pro¬ visions of Section 2026 of the Compiled Laws of Utah of 1888 shall be at the rate per cent of the previous year. Whenever property shall be sold for taxes the amount, if any, remaining over and above the tax and costs shall be paid into the county treasury, subject to the order of the person whose property was sold. Sec. 13. That Section 2043 of said laws is hereby amended by adding thereto two subdivisions numbered 11 and 12 as follows : 11. The terms value and fair cash value mean the amount at which the property would be taken in payment of ajust debt due from a solvent debtor. 12. The term credits means those solvent debts owing to the person, firm, corporation or association assessed. The term debts means all liabilities owing by the person, firm, cor¬ poration or association. Sec. 14. This act shall take effect upon its approval. Approved March 13, 1890. CHAPTER XLI. MUNICIPAL CHARTERS. AN ACT supplementing and amending the charters, and defining, prescrib¬ ing and regulating the powers, duties and government of cities of the first and second class. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the city council of each city of the first and second class in the Territory of Utah, shall have the following powers : To lay out, establish, open, alter, extend, widen, and improve streets, alleys, avenues, side¬ walks, parks and public grounds and vacate the same; and to grade, curb and gutter, park and beautify or otherwise im¬ prove and keep in good repair, or cause the same to be done LAWS OF UTAH. 55 in any manner they may deem proper, any park, street, avenue, or alley within the limits of the city, and may grade partially or to the established grade, or park or otherwise im¬ prove any part of such street avenue or alley, and may also construct and repair, or cause and compel the construction and Sidewalk8. repair of sidewalks in such city, of such material, and in such manner as they may deem proper and necessary; and to de¬ fray or cause to be defrayed the cost and expense of such im¬ provements or any of them, the council of such city, shall have power and authority to levy and collect special taxes and assessments upon the blocks, lots or parts thereof, and pieces of ground adjacent to or abutting upon the street, avenue, alley or sidewalk thus in whole or in part opened widened, curbed and guttered, graded, parked, extended, constructed or other¬ wise improved or repaired, or which may be especially bene- fitted by any of said improvements; provided that the above provisions shall not apply to ordinary repairs of streets or alleys and one-half of the expense of bringing streets, avenues, alleys or parts thereof to the established grade shall be paid out of the general fund of the city; and such council shall O t Pfl.VPTTIftnt.fl. have power to pave, repave or macadamize any street or alley, or part thereof in the city, and for that purpose to create suitable paving districts, which shall be consecutively numbered, such work to be done under contract, and under tho superinten¬ dence of the board of public works of the city. The cost of paving, macadamizing or repaving of the streets and alleys within any paving district, except the inter¬ section of streets and space opposite alleys within such district, shall be assessed upon the lots and lands abutting upon the sPecial tax- streets and alleys in such district, in proportion to the square feet or feet front or both so abutting upon such streets and alleys. The assessments of special taxes for paving purposes herein provided for, shall be made as follows: The total costs of the improvements shall be levied at one time upon the property and become delinquent as herein pro¬ vided: One-tenth (1-10) of the total amount shall be delinquent in fifty days after such levy, one-tenth (1-10) in one year, one- tenth (1-10) in two years, one-tenth (1-10) in three years, one- When delinquent, tenth (1-10) in four years, one-tenth (1-10) in five years, one- tenth (1-10) in six years, one-tenth (1-10) in seven years, one- tenth (1-10) in eight years, and one-tenth (1-10) in nine years; each of said instalments, except the first shall draw interest at the rate of seven per cent, per annum from the time of levy aforesaid, until the same shall become delinquent, and after the same shall become delinquent, interest at the rate of 10 per cent, per annum shall be paid thereon. Such taxes shall be collected and enforced as in other cases of special taxes. In cases of omission, errors or mistakes, in making such assessment Errors, or levy in respect of the total cost of the improvements, or 56 LAWS OF UTAH. Supplemental assessment. Street railways. Unused tracks. District paving bonds. deficiencies or otherwise, it shall be competent for the council to make a supplemental assessment and levy to supply such deficiencies and omissions, errors or mistakes. The cost of paving, macadamizing or repaving the intersections of streets and space opposite alleys in any paving district, shall be paid by the city as hereinafter provided ; but nothing herein con¬ tained shall he construed to exempt any street railway com¬ pany from keeping every portion of every street, avenue and alley used by it, upon or across which its track shall be con¬ structed at or near the grade of such streets in good and safe condition for public travel and shall keep the same plank- payed, macadamized or otherwise in such condition for public travel as the city council of such city may from time to time direct, keeping the plank-pavement or other surface of the street or alley level with the top of the rails of the track of such street railway. The portions of the streets or alleys to be so kept and maintained by all such street railway com¬ panies shall include all the space between its different rails and tracks and also a space outside of the outside rail of each out¬ side track of at least two feet in width and the tracks herein referred to shall include not only the main tracks, but also all side tracks, crossings and turnouts, constructed for the use of such street railways. If any company shall have laid tracks upon the streets or highways of any city and failed to operate them with cars for public use for the period of nine months after the laying there¬ of, such tracks may be declared a nuisance and taken up by the city and removed. For the purpose of paying the cost of paving, macadamiz¬ ing or repaving the streets and alleys in any paving district, exclusive of the intersections of streets and space opposite al¬ leys therein, the council shall have power, and may by ordi- dance cause to be issued bonds of the city, to be called “Dis¬ trict Paving Bonds of District No. - ” payable in not exceeding ten years from date, and to bear interest payable an¬ nually, not exceeding the rate of 6 per cent, per annum, with interest coupons attached, and in such case shall also provide that said special taxes and assessments shall constitute a sink¬ ing fund for the payment of said bonds and interest, and said bonds shall not be sold for less than their par value, provided that the entire cost of paving, repaving or macadamizing *any such streets, avenues or alleys, properly chargeable to any blocks, lots of lands or part thereof within any such paving district according to the front feet or square feet thereof may be paid by the owner of such lots or lands within fifty days from the levy of such special taxes and thereupon such lots or lands shall be exempt from any lien or charge therefor. Whenever the council deem it expedient, they shall have power, for the purpose of paying the cost of paving, repaving or macadamizing the intersection of streets and spaces oppo- * LAWS OF UTAH. 57 site alleys in the city, to issue bonds of the city, to run not more than twenty years, and to bear interest payable semi¬ annually at a rate not exceeding six per cent, per annum, with cny paving bonds, coupons attached, to be called “paving bonds,” and which shall not be sold for less than their par value, and the proceeds of which shall be used for no other purpose than paying the cost of paving, repaving or macadamizing the intersections of streets and alleys in the city. Pi ovided, That the aggregate Limit. amount of such bonds issued in any one year shall not exceed the sum of ono hundred thousand dollars ($100,000) ; and if in any such city there shall be any real estate not subject to assessment of special taxes for paving purposes, the council shall have the power to pave in front of the same and to pay the cost thereof that would otherwise be chargeable on such real estate, in the same manner as herein provided for the paving of intersection of streets and paying therefor. The word “lot” as in this act used shall be taken to mean any sub-divided real estate/ The word “lands” shall mean any unsubdivided real estate. The word “street” shall be deemed to include boule¬ vard and avenue. Provided , That if the lots and real estate abutting upon that part of the street ordered paved, repaved or macadamized as shown upon any such recorded plat or map are not of uni¬ form depth, or if for any other reason it shall appear just and property. a8sesaable proper to the council, the council are authorized and empow¬ ered to determine and establish the depth to which the real estate shall be charged and assessed with the cost of the im¬ provement, and such depth shall be determined and estab¬ lished according to the benefits accruing to the property by reason of the improvement. The council shall include in the paving district all the real estate to be benefitted by such im¬ provement and shall cause it to be charged and assessed with the cost of such paving or improvement as in this section hereinafter provided. The provisions of this section in regard to the depth to which real estate may be charged and assessed, shall apply to all special taxes that may be levied, except for sidewalk in proportion to the front or square feet. Whenever curbing, or curbing and guttering is done upon any street or avenue in an}^ paving district in which paving has been ordered, and the council shall deem expedient so to do, they shall have power and authority, for the purpose of S.11 gu er' paying the cost of such curbing and guttering to cause to be issued bonds of the city, to be called “Curbing and Guttering Bonds of Paving District No. - ” payable in not ex¬ ceeding ten years from date, and to bear interest payable annually, not exceeding the rate of six per cent, per annum with interest coupons attached, and in such case, shall assess at one time the total cost of such curbing and guttering, or curbing as the case may be, upon the property abutting or adjacent to the portion of the street or avenue so improved, 58 LAWS OF UTAH. Protests. Collector to report. Burden of proof. Board of equaliza¬ tion. Notice. according to special benefits; such assessment to become de¬ linquent the same as the assessment of special taxes for paving purposes, and to draw the same rate of interest and be subject to the penalties, and may be paid in the same manner as special taxes for paving purposes, and the special taxes so assessed shall constitute a sinking fund for the payment of said bonds and interest, and said bonds shall not be sold for less than their par value; and no such special tax shall be declared void, nor shall any such assessment or part thereof, be set aside in consequence of any error or irregularity com¬ mitted or appearing in any of the proceedings under this act or the acts of which it is amendatory; but any party feeling aggrieved by any such special tax or assessment or proceeding may pay the said special taxes assessed or levied upon his, her or its property or such instalments thereof as may be due, at any time before the same shall become delinquent, under pro¬ test, and with notice in writing to the city collector that he intends to sue to recover the same, which notice shall particu¬ larly state the alleged grievance and grounds thereof, where¬ upon such party shall have the right to bring a civil action within sixty days thereafter, and hot later, to recover so much of the special taxes paid as he shall show to be illegal, in¬ equitable and unjust, the cost to follow the judgment to be apportioned by the court as may seem proper, which remedy shall be exclusive. The city collector shall promptly report all such notices to the city council for such action as may be proper. No court shall entertain any complaint that the party was authorized to make, and did not make to the city council sitting as a board of equalization, nor any complaint not speci¬ fied in said notice fully enough to advise the city of the exact nature thereof; nor any complaint that does not go to the groundwork equity and justice of the tax. The burden of proof to show such tax or part thereof invalid, inequitable or unjust, shall rest upon the party who brings such suit. Provided, that the city council shall provide by ordi¬ nance, that upon the levying of any tax under the provisions of this act and the completion of the list or lists of the prop¬ erty in any of the districts taxed, five of its members shall be appointed as a board of equalization and review, and the list or lists shall be placed in the hands of said board, and the said board shall give public notice of the completion of the said lists and appoint not less than five consecutive days upon which they will meet during the usual business hours and state the place of its meeting, and during the time specified the said list or lists shall be open to public inspection, and any person or persons feeling themselves agrieved shall have hear¬ ing before said board, and the said board shall have the authority to make correction of any tax deemed by them un¬ equal or unjust. Sec. 2. All horse, cable, steam, electric or other railway LAWS OF UTAH. 59 companies now existing or hereafter created in any city al¬ ready incorporated or hereafter organized shall be required to Railwaya to pave pave or repave at their own cost all the space between its different rails and tracks and also a space two feet wide outside of the outside rails of the outside tracks, and the tracks herein referred to shall include not only the main tracks but also all side-tracks, crossings and turnouts used by such companies, and where two or more companies occupy the same street or alley with separate tracks, then each company shall be respon¬ sible for its proportion of the surface of the street or alley occupied by all the parallel tracks as herein required. Such paving or repaving by such railway companies shall be done at the same time and shall be of the same material and char¬ acter as the paving or repaving of the streets or alleys upon which said railway track or tracks is located, unless other material be specially ordered by the board of public works. Such railway companies shall be required to keep that portion of the street which they are herein^*equired to pave Repairs, or repave in good and proper repair, using for said purpose the same material as the street upon which the track or tracks are laid at the point of repair or such other material as the board of public works may require and order ; and as streets are hereafter paved, or repaved, street railway companies shall be required to lay, in the best approved manner, a rail to be approved by the board of public works. The tracks of all railway companies, when located upon the streets or avenues of the city shall be kept in repair and safe in all respects for the use of the traveling public, and said companies shall be liable for all damages resulting by reason of neglect to keep such tracks in repair, or for obstructing the streets or avenues of such city. For injuries to persons or property arising from the failure of such company to keep their tracks in proper repair and free from obstructions, such company shall be liable Liable for injttries- and the city shall be exempt from liability. The word “ com¬ panies” as used in this act shall be taken to mean and include any persons, companies, corporations or associations owning or operating any street or other railway in any such city. Sec. 3. In the event of the refusal of such company to pave, repave or repair as required in the foregoing sections, RefUSai to pave, when so directed by the council, upon the paving or repaving of any street upon which their track is laid, the council shall have power to pave, repave or repair the same and the cost and expense of such paving, repaving or repairing may be collect¬ ed by levy and sale of any property of said street railway company, in the same manner as special taxes are now or may be collected. Special taxes for the purpose of paying the cost of any such paving or repaving, macadamizing or repairing of any such street railway, may be levied upon the track, includ- Raiiroad3 may be ing the ties, iron, roadbed, and right of way, side-tracks, and taxed‘ appurtenances, including buildings and real estate belonging 60 LAWS OF UTAH. Lien. Seizure. Sale. Civil action. Levy on real estate. Defence. Installments. to any such company or person and used for the ^purpose of such street railway business, all as one property ; or upon such parts of such track, appurtenances and property or any part thereof as may be within the district paved, repaved, macadam¬ ized or repaired, and shall be a lien upon the property levied upon from the time of the levy until satisfied. No mortgage, conveyance, pledge, transfer, or incumbrance of any such property or of any rolling stock or personal property of any such company or person, created or suffered by a company or party, after the time when any street or part thereof upon which any street railway shall have been laid, shall have been ordered paved, repaved, macadamized or repaired, shall be made or suffered except subject to the lien of such special taxes, if such levy be in contemplation. The city collector shall have the power and authority to seize any personal prop¬ erty belonging to any such person or company for the satisfac¬ tion of any such^pecial taxes when delinquent, and to sell the same upon advertisement and in the same manner as constables are now or may be authorized to sell personal property, upon execution at law; but failure so to do, shall in no wise affect or impair the lien of the tax or any proceed¬ ing allowed by law* for the enforcement thereof. The railroad track or any other property upon which such special taxes shall be levied, or so much thereof as may be necessary, may be sold for the payment of such special taxes in the same manner and with the same effect as real es¬ tate upon which such special taxes may be levied, may be sold. It shall also be competent for any such city to bring a civil action against any party owning or operating any such street railway, and liable to pay said taxes, to recover the amount thereof, or any part therof delinquent and unpaid in any court having jurisdiction of the amount, and obtain judg¬ ment, and have the execution therefor and no property, real or personal, shall be exempt from any such execution. Provided , that real estate shall not be levied upon by execution except by execution out of the district court on the judgment therein, or transcript of judgment filed therein, as is now or hereafter may be provided by law. No defence shall be allowed in any such civil action except such as goes to the groundwork, equity and justice of the tax, and the burden of proof shall rest upon the party assailing the tax. In case part of such special tax shall be shown to be invalid, unjust and inequitable, judgment shall be rendered for such amount, as is just and equitable. It shall be competent for the counsel upon the written application of any company, association, corporation or person, owning any such street railway, to provide that such special taxes shall become delinquent and be payable in installments, as in case of taxes levied upon abutting real estate as hereinafter provided, but such applica¬ tion shall be taken and deemed a waiver of any and all objec- LAWS OF UTAH. 61 tions to such taxes and the validity thereof. Such application shall be made at or before the final levy of such taxes. The tilonefor Appllca‘ provision of this act in regard to the levy, collection, and en¬ forcement of special taxes to pay the costs of paving, repaving, macadamizing or repairing between the rails of street railways shall apply to such special taxes hereafter levied. Sec. 4. The council shall have power, in any paving district, and it shall be their duty before the work of paving Layingofplpes. or repaving is done therein, to require water, gas and sewer connections to be made under such regulations and at such distances from the street mains to the line of the property abutting_upon the street ordered paved or repaved, as may he prescribed by ordinance and shall require that such water- pipe connections may be made by any water works company owning the waterpipe main, and that such gas pipe connec¬ tions may be made by any gas pipe company owning the gas pipe main. And upon neglect or failure of the water or gas companies to do the same, the board of public works may cause the same to be done, and the cost thereof shall be de-Neslectorfailure* ducted from any indebtedness of the city to such companies, and no bills shall be paid to the said companies by the city until all such expense for pipe laying shall have been liquidated. And the council shall also have power, at any time, to assess the cost of any sewer connections and also of any water con¬ nections when the city owns the water and water pipe main upon the property opposite such connections, and to such depth as the council, sitting as a board of equalization, shall deem just and equitable. Sec. 5. All special taxes to cover the cost of any public improvement herein authorized shall be levied and assessed on all blocks, lots, parts of blocks and lots, lands and real proePaerty!axable estate bounding, abutting or adjacent to such (improvements or within the districts created for the purpose of making such improvement, to the extent of the benefits to such) lots, parts of lots, lands and real estate by reason of such improvement such benefits to be equal and uniform. Such assessments may be according to the square foot or foot frontage, and may be pro-rated and scaled back from the line of such improve- Assessmentof ment and an allowance made for corner lota, so that they shall ccrner lots- not be assessed at full rate on both streets, according to such rules as the board of equalization shall consider fair and equitable; and all such assessment and finding of benefits shall not be subject to review in any legal or equitable action, except for fraud, gross injustice or mistake. Provided , That when any public improvement shall extend into or through any unsub-divided tract or parcel or parcels of land, said taxes shall be levied so as not to be charged against the real estate adjoining such improvement for a greater depth than the average distance through the sub-divided real estate to be taxed for said purpose. 62 LAWS OF UTAH. Description. Costs. Special taxes. Collection. Sewers and drains Levy. Board of publio works. Sec. 6. It shall be sufficient, in any case, in making a levy or assessment of any tax, to describe the lot or piece of ground as the same is platted and recorded, although the same may belong to several persons ; but in case any lot or piece of ground belongs to different persons, the owner of any part thereof may pay his proportion of the tax on such lot or piece of ground, and his proper share may be determined by the city collector. Sec. 7. The cost and expense of grading, filling, culvert- ing, curbing, guttering, or otherwise improving, constructing or repairing streets, avenues, alleys and sidewalks at their intersections, may be included in the special tax levied for the construction or improvement of any one street, avenue, alley or sidewalk, as may be deemed best by the council. Sec. 8. Special taxes may be levied as the improvements are completed in front of or along, or upon any block or lot or part thereof or piece of ground, or at the time the improve¬ ment is entirely completed, or otherwise, as shall be provided in the ordinance levying the tax. Sec. 9. When any special tax is levied it shall be the duty of the city recorder to deliver to the city collector a cer¬ tified copy of the ordinance levying such tax, and such collec¬ tor shall without delay give at least five days notice in one or more newspapers having general circulation in said city, of the time when such tax will become delinquent Sec. 10. Special taxes may be levied by the council for the purpose of paying the cost of constructing or reconstruct¬ ing sewers or drains within the city; such taxes to be levied on the real estate lying and being within the sewerage district in which such sewerage or drain may be situated, to the ex- f tent of the benefits to such property, by reason of such im¬ provement, the benefits to such property to be determined by the council, sitting as a board of equalization. Provided, that in cases where the council sitting as such board of equalization, shall find such benefits to be equal and uniform, such levy may be according to the front feet or square feet of lots or real estate within said sewerage district or ac¬ cording to such other rule as the council sitting as such board of equalization may adopt for such distribution or adjustment of such cost upon the lots or real estate in such district bene- fitted by such improvement; and all taxes or assessments made for sewerage or drainage purposes shall be collected in the same manner as other special assessments, and shall be subject to the same penalty. Sec. 11. There shall be in each city of the first class a board of public works which shall consist of five members, residents and freeholders of the city, to be appointed by the council before the first Monday of July, 1890, for the term of two years. The council shall designate one of the members of such board to be the chairman thereof. The LAWS OF UTAH. 63 salaries of the members of such board of public works shall be fixed by ordinance and the salary of the chairman shall not exceed fifteen hundred ($1,500) dollars per annum and the Salaries- salary of each of the other members shall not exceed the sum of five hundred ($500) dollars per annum. Each member of said board shal), before entering upon the discharge of his duties, take an oath to faithfully discharge the duties of his office, and enter into a bond to such city with two or moreBond8. good and sufficient sureties, to be approved by the council, the bond of the chairman to be in the sum of fifteen thou¬ sand ($15,000) dollars, each conditioned for the faithful per¬ formance of his duties as a member of such board of public works. The chairman of such board shall devote all necessary time to the performance of his official duty, and no member Duties and powers of such board shall ever be directly or indirectly interested in any contract entered into by them on behalf of such city, nor shall he be interested either directly or indirectly in the pur¬ chase of any material to be used or applied in or about the use or purposes contemplated by this act. It shall be the duty of such board of public works, and it shall have power to make contracts on behalf of the city, for the performance of all such work and the erection of all such improvements as may be ordered by the council, but all such contracts shall be sub¬ ject to the approval or rejection of the council ; to superintend the performance of all such work and the erection of such improvements, except the supervision of the construction of city halls, market houses, jails or other public build¬ ings. It shall also be the duty of said board to approve the estimates of the city engineer which may be made from time to time, of the value of work as the same may progress; to accept any work done or improvement made, when the same shall be fully completed according to contract, subject, however, to the approval of the council, and to per¬ form such other duties as may be devolved upon them by ordinance. Any member of such board may at any time beRemoyal removed from office by a vote of two-thirds of the members of the council, for sufficient cause and the proceedings in that behalf shall be entered in the journal of the council. Provided, that the council shall previously cause a copy of the charges preferred against such member sought to be removed, and notice of the time and place of hearing the same, to be served on him at least ten days pre¬ vious to the time so assigned and opportunity to be given him to make his defense. Sec. 12. Nothing in this act shall be so construed or held to authorize any city of the “first or second class,” to issue bonds of the city either as district bonds, for paving the Limitation- streets, or for paving said street intersections, or spaces oppo¬ site alleys in said city or for any purpose whatever to any 64 LAWS OF UTAH. Notice of tax levy. Where tax on tran¬ sient stock is collectible. Tax payable in county where stock is owned. amount beyond that fixed as the limit of the bonded indebted¬ ness, of said city by congressional enactment. Sec. 1 3. In all cases before the levy of any taxes for any improvements provided for in this act the city council shall give notice of intention to levy said taxes naming the purposes for which the taxes are to be levied, which notice shall be pub¬ lished at least twenty days in a newspaper published within such city. Such notice shall describe the improvements so proposed, the boundaries of the district to be affected or bene- fitted by such improvements; the estimated cost of such im¬ provements and designate the time set for such hearing. If at or before the time so fixed written objections to such improve¬ ments signed by the owners of one-half of the front feet abut¬ ting upon that portion of the street, lane, avenue or alley to be so improved be not filed with the recorder the council shall be deemed to have acquired jurisdiction to order the making of such improvements. Sec. 14. This act shall take effect on the first day of May, one thousand eight hundred and ninety. Approved March 13, 1890. CHAPTER XLII. ASSESSING AND COLLECTING TAXES. AN ACT to provide for the Assessing and Collecting of Taxes on Tran¬ sient Stock. Section 1. Be it evaded by the Governor and Legislative Assembly of the Territory of Utah: Where horses, mules, cattle or sheep, are wintered in one county and summered in another, when the owner thereof is not a resident of either county, the tax on said stock may be assessed and collected in either of said counties. The county court of the county where such taxes shall have been assessed and collected, shall upon application therefor, remit to the county treasurer of such other interested county, one-half of the county taxes so collected, after deduct¬ ing therefrom the cost of assessing and collecting the same. Sec. 2. Where horses, mules, cattle, or sheep, are owned in one county and summered in the county where owned, and taken into another county to be wintered before such time as they can be assessed in the county where owned, the assessor of the county, in which said horses, mules, cattle or sheep are transient, shall list the same on a listing blank, and transmit said list to the assessor of the county in which said stock are owned, who shall at once assess said stock, and enter said as¬ sessment on the assessment roll of said county, and assess a special school tax against said stock which may have been levied in the school district in which said stock are owned, and LAWS OF UTAH. 65 the same shall be collected by the collector of the county in which said stock are owned. Sec. 3. Where horses, mules,. cattle, or sheep, are owned in one county and wintered in the county where owned, and taken into another county before being assessed in the county where owned, the assessor of the county in which said horses, mules, cattle or sheep are transient, shall list the same on a same, listing blank, and transmit said list to the assessor of the county in which said stock are owned, who shall at once assess said stock, and enter said assessment on the assessment roll of said county, and assess any special school tax against said stock which may have been levied in the school district in which said stock are owned, and the same shall be collected by the collector of the county in which said stock are owned. Sec 4. A list of all assessments made by the assessors of other counties in accordance with the provisions of this , act shall be made by the assessors of the various counties, to whom the same has been transmitted, immediately upon the com¬ pletion of the assessment roll, and deposited with the county Assessment lists, clerks of their several counties, and upon the payment of said tax by the owner of said horses, mules, cattle or sheep, the county court of the county in which said stock are owned, shall cause to be transmitted to the county treasurer of the county in which said listing was made, one-half of the county tax so collected, together with the percentage for assessing on the entire amount. Sec. 5. ' The county clerks of the several counties are hereby authorized to issue certificates, under the seal of their respective courts, to the owners of stock in their several coun¬ ties who summer or winter their stock in the counties in which they are residents, and winter or summer them in otherg;™^®^^, counties in this Territory, reciting said facts, which certificates st0Ck0WUcrs- shall be produced by the owner of said stock, or the person in charge thereof, for the inspection of the assessor of the county in which said stock are wintered or summered, as the case may he, to entitle them to- the benefits of this act. Sec. 6. Where horses, mules, cattle or sheep are assessed in the county in which the owner of said stock is a resident, the assessor of said county is hereby authorized, at the time of Assessors- certm- said assessment, mmake and deliver to said owner a certificate cate‘ of said assessment, which certificate upon being delivered to any assessor shall exempt said stock from further assessment. Sec. 7. All laws conflicting with the foregoing act are hereby repealed. Sec. 8. This act shall take effect upon its passage and approval. Approved March 13, 1890. 10 66 LAWS OF UTAH. Territorial statis¬ tician. Salary. Duties. Duties of county assessors. Oath. Penalty for refusal to furnish informa¬ tion CHAPTER XLIII. BUREAU OF STATISTICS. AN ACT creating a Bureau of Statistics. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah : That a bureau of statistics is hereby created, and the territorial librarian is hereby made the territorial statistician, who shall receive an anuual salary of six hundred dollars in addition to his salary as territorial libra¬ rian, which salary shall be paid quarter-yearly in equal pro¬ portions, out of the territorial treasury. Sec. 2. It shall be the duty of the territorial statistician, on or before the first day of January of each year, to prepare and cause to be furnished to the county clerks of the several counties for delivery to the county assessors, suitable blank forms for the collection of statistics as hereinafter provided by this act. Sec. 3. The several county assessors and their deputies, of this Territory, shall at the time of taking the lists of property for taxation, procure from each person required to list prop¬ erty in their county a statement of the number of acres he has had under cultivation during the preceding year, the number of acres irrigated, the number of acres he has had under enclosure for pasture, the kinds of crops and the respect¬ ive acreage thereof, the amount of product of each respective crop during the preceding year; number of gallons made of wine, cider, vinegar and sorghum; number of pounds made each of butter, cheese, honey and dried fruits of each kind respect¬ ively; number of hives of bees; number of pounds of wool shorn; the number each of milch cows, cattle, horses, mules asses, sheep, goats, and swine over six months old, owned on the 31st day of December of the preceding year. Sec. 4. The statement required by Section 3 of this act shall be signed by the person making it and he shall be re¬ quired by the assessor or deputy assessor to swear to the same before him, who is hereby authorized to administer the neces¬ sary oath, which shall be in substance as follows: I - do hereby solemnly swear (or affirm) that the above schedule contains a full and correct statement concerning all the matters and things therein inquired of me to the best of my knowledge and belief” Sec. 5. Any person who is required by this act to give information and refuses, upon proper request so to do shall be subject to a penalty of not less than five dollars nor more than two hundred dollars to be recovered by suit in any court of competent jurisdiction upon complaint of any person before LAWS OF UTAH. 67 such court and it shall be the duty of the district or county attorney of the proper county to prosecute such suit at the ex¬ pense of the county for the use of the school fund of such county. Sec, 6. Each county assessor shall accurately compile, foot up and return to the county clerk of his county at the time when he returns the assessment rolls, a tabulated state¬ ment of the statistics mentioned in Section 3 of this act; lie Assessor.s 8tate. shall also add to such compilation and return to the county ments- clerk of his county at the same time a carefully tabulated esti¬ mate for the preceding year of the amount that has been ex¬ pended in each town and city in his county and throughout his county for buildings, private and public respectively amount expended for public works, the number and kinds of industrial concerns with the number of people employed and the amount of wages paid, the value of their plants, the amount and value of their annual product, horse power em¬ ployed, how acquired whether by steam, water or other means, capital invested the number of stores of each kind re¬ spectively in each town, city and county, capital invested, amount of annual sales, number of employes, wages paid, population of each town and city in his county and the popu¬ lation of his county. The assessors and their deputies shall receive such compensation for the services herein required as Compen8at,ori- the county courts may determine. And each county clerk shall without delay forwaid such tabulated statements and estimates to the territorial statistician, who shall compile the same and on or before the first day of October transfer them to the secre¬ tary of the Territory. The territorial statistician shall also and at the same time furnish the secretary further statistics of ^'i,iona’ statis- the Territory showing the number of miles of railway main lines and sidings, miles of street railway and kinds of motive power with mileage of each, number of companies engaged in each kind of mining, capital invested, number of hands em¬ ployed, amount of wages paid, annual output in tons and value, number of smelters and stamping mills, average cost of re¬ ducing ores, number of hands employed, wages paid, tons re¬ duced, and number of, nature and capital of all new business enterprises and incorporations of the preceding year, also the selling prices in the principal markets of the Territory of the various kinds of produce, fruits stock, annual products and leading articles manufactured in this Territory. And the secretary of the Territory shall cause to be printed on or be- and «>- fore the first day of December in each year, of the compiled ,nbutun‘ statistics received from the territorial statistician five thousand copies for distribution by himself and the statistician, a reason¬ able number thereof to be given to the various chambers of commerce and kindred organizations and each county of the Territory. Approved March 13, 1890. 68 LAWS OF UTAH. CHAPTER XLIV. TERRITORIAL BONDS. AN ACT providing for the issuing and disposing of Territorial Bonds. Section 1. Whereas, for the purpose of completing the buildings for public institutions already established, namely the Agricultural College at Logan, the Reform School at Ogden, the University and Deaf Mute Institute, the buildings of the Deseret Agricultural and Manufacturing Society at Salt Lake City and Asylum for the Insane at Provo, all of which are incomplete, and whereas the current revenue of the Territory is insufficient for the purposes named, Therefore Be it enacted by the Governor and Legislative Assembly of the Appointment of Territory of Utah That the governor shall nominate, and by loan commissioner?. with the advice and consent of the Legislative Council appoint five persons who shall constitute a board of commis¬ sioners to be styled the Loan Commissioners of the Territory of Utah, and shall exercise the powers and perform the duties hereinafter provided. Provided, in case of vacancy in the office of any of said commissioners by death resignation or otherwise such vacancy shall be filled by the said board. Sec. 2. It shall be and is hereby declared the duty of the loan commissioners to provide for negotiating a loan for the Territory in a sum not to exceed three hundred thousand outieE dollars ($300, o<)0) by the issuing of negotiable coupon bonds of this Territory. Provided, that said commission shall not issue bonds for a greater sum than shall be set apart in appro¬ priations at this session of the Legislature for the aforesaid purposes. Sec 3. Said bonds shall be issued in the denomination of one thousand ($1,000) dollars and shall bear interest at a rate to be fixed by said loan commissioners, but in no case shall exceed five per cent, per annum which shall be paid Bjnds- semi-annually on the first day of January and July of each year at the Deseret National Bank in Salt Lake City, Utah Territory or at such bank in the city of New York State of New York as may be designated by said loan commissioners, at the option of the purchasers of said bonds, place of payment to be mentioned in the bonds the principal of said bonds shall be payable in lawful money of the United States within twenty years after the date of the issue ; they shall bear the date of their issue, state when, where and to whom payable, the rate of interest and shall be signed by the governor, secretary and auditor of public accounts and have the seal of the Territory affixed thereto, and countersigned by the territorial treasurer, and bear his official seal, and shall be registered by the terri- LAWS OF UTAH. 69 torial auditor in a book kept by him for that purpose, and the faith and credit of the territory is hereby pledged for the pay¬ ment of said bonds and the interest accruing thereon as herein provided. Sec. 4. Coupons for the interest shall be attached to each bond so that they may be removed without injury or mutila¬ tion to the bond ; they shall be consecutively numbered and bear the same number as the bond to which they are attached. Coupons The said coupons shall cover the interest expressed in said bond from the date of the issue until paid; but in no case shall said bonds bear interest nor shall any interest be paid thereon for any time before their delivery to the purchaser as hereinafter provided. Sec. 5. Whenever the said loan commissioners shall have arranged to make a loan of said sum of three hundred thousand dollars ($300,000) or any part thereof, they shall direct the territorial treasurer to advertise for a sale of the Sale of Bond3, bonds to be issued for that purpose, by causing a notice of said sale to be published for the period of one month in three daily newspapers published in Salt Lake City Utah Territory, and at least ten insertions in a newspaper published in New York city in the State of New York, in the city of San Francisco, in the State of California, and in the city of Boston, State of Massachusetts; such notices shall specify the amount of bonds to be sold, the rate of interest they shall bear, the place, day and hour of sale and that bids will be received by said treas¬ urer for the purchase of said bonds within one month from the expiration of said publication in Salt Lake City papers At the place and time named in said notice, the said treasurer and loan commissioners shall open all bids received and shall award the purchase of said bonds, or any part thereof, to theBids- highest bidder or bidders therefor; but in no case shall said bonds be sold for less than their face or par value, and the accrued interest at the time of their disposal; Provided, That said loan commissioners shall have the right to reject any and all bids, and, provided further, that they may refuse to make any award unless sufficient security shall be furnished by the bidder or bidders for the compliance with the terms of their bids. Sec. 6. When a sale of said bonds or any of them shall be awarded by the loan commissioners, they shall provide the necessary engraved bonds as in this act provided, and any expense incurred by them for the publication of said notices, costs of remitting funds for the payment of interest or money Expanse on said bonds and all other incidental expenses under the provisions of this act, shall be paid out of the general fund of the Territory upon the order of the territorial auditor, and a sum of money sufficient to cover said costs and expenses is hereby appropriated out of said funds. They shall from time to time after signing said bonds, deliver them to the territorial 70 LAWS OF UTAH. treasurer, taking his receipt therefor and charge him there¬ with. Before the issuance of any such bonds the said treasurer shall give to the Territory of Utah an additional official bond with two or more sureties in the sum of three Treasurer's bond, hundred and twenty-five thousand $325,000) dollars which bond shall be approved by the governor and deposited and filed with the secretary of the Territory, and recorded by him in a book to be kept for that purpose. And the said treasurer shall stand charged upon said bond and his official bond for the faithful performance of the duties required of him under this act. Sec. 7. The territorial auditor shall draw his warrant on the territorial treasurer for the amount of interest which shall fall due on the first day of January and June of each year, which said interest warrant shall be drawn at least one month paymentof interest previous to the maturingof the interest, and the sum of fifteen thousand ($15,000) dollars annually or so much thereof as may be necessary, is hereby appropriated and set aside from the general fund of the Territory from year to year, to pay the interest upon said bonds. Sec. 8. At the expiration of ten years after the issuing of said bonds there shall be set apart and is hereby appropri- Appropriation*. ated out of the general funds in the hands of the territorial treasurer annually the sum of thirty thousand ($20,000) dol¬ lars to be drawn on the warrant of the auditor to pay the principal of said bonds as the same shall fall due or he called for as provided in tins act. Said amount shall be held and placed by the treasurer in a fund to be known as the redemp- e emP on un £jon fun(] for the redemption of said bonds; Provided , that the provisions of this section shall not be construed to prohibit the legislature from making provisions for the redemption of any or ail of said bonds after the expiration of said ten years. Sec. 9. Whenever, after the expiration of ten years from the date of issuance ot any bonds under this act there is avail¬ able as provided in the last preceding section the sum of thirty thousand ($30,000) dollars or more, it shall be the duty of the payment or bonds, territorial treasurer to advertise that he will redeem certain bonds the numbers of which shall be stated as in the manner of the advertising by the loan commissioners for bids for the sale of bonds, which advertisement shall state the amount of money in the said redemption fund and the number of bonds, numbering them in the order of their issuance commencing at the highest number then outstanding, which such fund is set apart to pay and discharge, and the date when they will be paid, and if such bonds so numbered in such advertisement shall not be presented for payment and cancellation at the ex¬ piration of the date mentioned in the publication then such fund shall remain in the treasury to discharge such bonds whenever presented, but they shall draw no interest after the LAWS OF UTAH. 71 expiration of the date mentioned in such publication. Before any such bond shall be paid they shall be presented to the territorial auditor who shall endorse on each bond the amount due thereon and shall write across the face of each bond the date ot its surrender and the name of the person surrendering. Duties of auditor The territorial treasurer shall within ten days after the sale 0f andtreasurer- any such bonds, file with the territorial auditor a verified statement showing their number, rate of interest, date and amount of sale when, where and to whom payable and the territorial auditor shall keep a record of all bonds issued and disposed of by the territorial treasurer showing their number, rate of interest, date and amount of sale, when, where and to whom payable, and when presented for redemption, the date amount due thereon, and person surrendering. Sec. 10. It shall be the duty of said board of loan com¬ missioners to make a full report of all their proceedings and Bienniai report, under the provisions of this act, biennially to the territorial legislative assembly during the first week of the session. Sec. 11. No bonds issued under the provisions of this act gempt from taxa- shall be taxed for any purpose within this Territory. Sec. 12. This act shall be in force from and after its approval. Approved March 13, Is 90. CHAPTER XLY. PRIVATE CORPORATIONS. AN ACT amending Sections 2268, 2272, 2273 and 2277 of the Compiled Laws of Utah, 1888, relating to Private Corporations. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Sections 2268, 2272, 2273 and 2277 of the Compiled Laws of Utah, 1888, be, and the same are amended as follows; Section 2268, is, amended by inserting between the words “resignation” and “and,” in the fifteenth line of the section the following words; “how many of the entire board of direc¬ tors or trustees shall be necessary to form a quorum andbeQuorum' authorized to transact the business, and exercise the corporate powers of the corpora; ion.” Section 2272 is amended by striking out the words “officers elected” in the fifteenth line of the section and sub¬ stituting in lieu thereof the words, “directors or trustees selected.” Also by striking out from the twentieth, twenty- first, twenty-second and twenty-third lines of said Section 8272 the following words; “a majority of the whole number of direct¬ ors or trustees shall form a board for the transaction of busi¬ ness, and every decision of a majority of said board,” and in- 72 LAWS OF UTAH. Removal Contests. serting in lieu thereof the following words; “the number of directors or trustees named in the agreement of incorporation as being sufficient to form a quorum for the transaction of business shall form a board, providing that a quorum shall not be less than one-fourth of the whole number of directors or trustees, and every decision of a majority of the board so formed.” Section 2273 is amended by striking out the word “thir¬ teen” at the end of the thirteenth line of the section and sub¬ stituting^ lieu thereof the words “twenty-five.” Section 2277 is amended to read as follows ; Section 2277 s. 11. The directors, trustees or other officers may be removed from office for misconduct in the man¬ or officers. ner prescribed by the agreement of incorporation or the by¬ laws, and all such officers after being qualified to act may con¬ tinue to act unless removed for misconduct until their suc¬ cessors are elected or appointed and qualified. Sec 2. This act shall take effect upon its approval. Approved March 13, 1890. CHAPTER XL VI. U>URPATION OF OFFICE. AN ACT amending Sections 3529, 3750 and 3754 of the Compiled Laws of Utah, 1888, relating to Actions for the Usurpation of Office and for contesting certain Elections. Section 1. Be it evaded by the Governor and Legislative Assembly of the Territory of Utah: That Sections 3529, 3750 and 3754 of the Compiled Laws of Utah, 1888, be and they are amended as follows: Section 3529 of said Compiled Laws is amended by striking out the word “or” between the words “precinct” and “city” in the seventh line of the section, and by inserting after the word “city” in said seventh line the following words: “or school dis¬ trict, or any subdivision of either.” Section 3750, of said compiled laws is amended by strik¬ ing out the word “or” in the first line of the section, and by inserting after the word “city” in the second line of the sec¬ tion, the following words: “or school district, or any subdivision of either.” Subdivision 1 of Section 3754 of said Compiled Laws is amended to read as follows: 1. The name of the party contesting such election, and that he is an elector of the county, prrcinct, city, school dis¬ trict, or of any subdivision of either, as the case may be, in which the election was held. Subdivision 4, of said Section 3754 of said Compiled Laws is amended to read as follows: LAWS OF UTAH. 73 4. The particular grounds of such contest, which state¬ ment must be verified by the affidavit of the contesting party, that the matters and things therein contained are true, except Ground. of contest- as to those matters therein stated upon his information or be¬ lief, and that as to those matters he believes it to be true. Sec. 2. This act shall take effect upon its approval. Approved March 13, 1890. CHAPTER XLVII. CIVIL ACTIONS. AN ACT amending Section 3200 s. 257 of the Compiled Laws of Utah of 1888, relating to the place of trial of civil action. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 3200. s. 257. of the Compiled Laws of Utah, 1888 is hereby amended to read as follows: When an order is made transferring an action or pro¬ ceeding for trial, the clerk of the court, or justice of the peace Change of venue, must transmit the pleadings and papers therein, to the clerk or justice of the court, to which it is transferred. And also the cost and fees thereof, and of filing the papers anew, must be paid by the party at whose instance the order was made. Provided, costs, that when said order is made for the reason that the cause was commenced in the wrong judicial district, and this appears affirmatively upon the face of the complaint said costs of transfer and filing the papers anew shall be paid by the plain¬ tiff in the action within ten days after the making of such order or said cause dismissed for want of jurisdiction. Sec. 2. This act shall take effect upon its approval. Approved March 13, 1890. CHAPTER XLVIII. EQUALIZATION OF TaXES. AN ACT providing for the Equalization of Territorial and Territorial School Taxes. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah : That the Territorial Board of Equalization of Assessment of Territorial and Territorial Territorial board of School Taxes is hereby created for the years 1890 and 1891 t0 equallzatlon- consist of seven members to be appointed by the governor and confirmed by the Legislative Council. Sec. 2. Said board of equalization shall meet at the n 74 LAWS OF UTAH. Time of meeting. County meetings. Subpoena. Penalty. To audit fees. Assessment roll. Powers of board. Equalization of taxes. office of the territorial auditor of public accounts, in Salt Lake City, at 12 o’clock noon, on the third Monday in June of each year, and a majority of said board shall constitute a quo¬ rum, to do business. At the first meeting of said board a chair¬ man and a secretary shall be appointed from their number. Sec. 3. The said board may appoint a committee of its members to visit the several counties of the Territory with power to hold examinations, hear testimony and make reports to the board. The board or any committee thereof may issue subpoenas, requiring the attendance of witnesses and the pro¬ duction of books and papers. It shall be the duty of any officer authorized to serve sub¬ poenas to serve the same on request of the board or a commit¬ tee thereof, or the board or a committee thereof may authorize any competent person to serve subpoenas. All persons served with a subpoena shall appear before the board or a committee at the time and place required, and be sworn and give testimony and produce such papers and documents as may be required, and any person failing to obey a subpoena shall be liable to a fine of not more than fifty dollars, to be recovered on complaint of the prosecuting attorney of any county, before any court having jurisdiction. The board shall have power to audit the fees of officers and witnesses and they shall be paid as other expenses in accordance with the provisions of this act. Sec. 4. The county clerk of each county in this Terri¬ tory shall, on or before the third Monday in June of each year, prepare and forward to the auditor of public accounts, for the use of the board of equalization, a copy of sufficient number of pages from the county assessment roll of his county to show at least two pages of the assessment of property in each pre¬ cinct of this county. Said board of equalization is authorized to call upon the county clerk of any county for a copy of any further portion of the assessment roll of such county whenever they may deem it necessary; and the county clerk so requested, shall immediately prepare a copy of the pages of said assessment roll designated by said board, to which shall be attached his certificate of the correct¬ ness of said copy, and transmit the same to said board. Said board, in the performance of its duty, may visit any part of the Territory; and shall also have power to administer oaths by its chairman or secretary, to summon to its aid the assessor of any county, or any other person, and examine him or them under oath, and also examine said copies of the assessment roll in or¬ der to ascertain the actual and the assessed values of taxable property, both real and personal, comparing one county with another. Sec. 5. Said board shall make such changes in the as¬ sessed valuation as between the several counties by increasing or decreasing the same such per cent as may be necessary to equalize the assessment of such county with the assessment of LAWS OF UTAH. 75 other counties ; Provided , that the county court of any county in which it is proposed to increase the assessed valuation, shall have not less than fifteen days notice to appear by representa¬ tive and resist such increase and Provided further, that when the assessment of real and personal property in the Territory as made by the several county assessors is completed tlm grand Jeh^ntalu‘°changed. total of such assessments shall remain unchanged, but the equalization shall be made without changing said total. Sec. 6. The action of said board of equalization on the Action of board assessed valuation of the property in any county of this Terri¬ tory for the years 1890 and 1891 shall be final. The said board shall finish its labors and file a full and complete report of all the changes made by it with the auditor of public accounts on or before the first day of August of each Final report, year, and immediately thereafter the secretary thereof shall give notice to the county court of each county of the action of said board affecting such county. Sec. 7. On receipt of said notice of the action of the board of equalization, each county court shall cause said notice to be entered upon its records, and if changes have been made by said board, the county clerk shall thereupon enter such changes Changes on aggeag. upon the assessment roll by adding to or taking from the as-mentro11, sessed valuation of property in the count}7 such per cent as said notice shall designate, and give notice, by publication in some newspaper having general circulation in the county, and by causing a notice of such change to be posted in at least three public places in each precinct of said county. Sec. 8. The said board of equalization shall furnish to the legislative assembly of the Territory within the first two Shall report to weeks of its session, a report of its official proceedings under leglslature' this act, with such recommendations as it may deem proper. Sec. 9. Each member of said hoard shall receive for his services while actually engaged in the work of equalization five dollars per day and ten cents per mile, one way only, and compensation, each person summoned as witness or aid shall receive three dollars per day, and the same mileage allowed to members of the board. Sec. 10. The territorial auditor of public accounts shall audit the accounts of said board of equalization for per diem and mileage and draw his warrants for the amount due which Auditing account*, shall be paid out of the territorial treasury and the sum of $5,000.00 or so much thereof as may be necessary, is hereby appropriated for the payment of such per diem and mileage. Approved March 13, 1890. 76 LAWS OF UTAH. Abstract. Recorder’s com¬ pensation. CHAPTER XLXIX. COUNTY RECORDERS TO FURNISH ABSTRACT OF MORTGAGES TO ASSESSORS. AN ACT requiring the several county recorders of the counties of Utah Territory, to furnish abstracts of mortgages to the assessors of the counties in which the mortgagee resides. Section 1. Be it enacted by the Governor and Legislative Assembly ot the Territory of TJtah: That during the month of January of each year the county recorders of the several counties of Utah Territory, are hereby authorized and required to transmit a certified abstract of all mortgages remaining uncancelled and appearing of record, on the records of their several counties to the assessor of the county in which the mortgagee resides. Said abstract to contain, name, of mortgagor, name of mortgagee, date of mortgage, when due, amount for which given, with the residence of mortgagor and mortgagee. Sec. 2. Each recorder shall receive for his services the sum of twenty-five cents for each mortgage thus abstracted and transmitted, half of such amount to be paid out of the county treasury of the county whose assessor is supplied with said abstracts in accordance with the provisions of this act, and the other half of such amount to be paid out of the territorial treasury, and the auditor of public accounts is hereby required to draw his warrant in favor of the county recorder for any such amount upon receipt of such recorders bill there¬ for duly verified. Approved March 13, 1890. CHAPTER L. LAYING OUT AND PLATTING TOWNS. AN ACT concerning the Laying Out and Platting of Towns. Section. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That it shall be lawful for any owner or owners of any land, or any trustee or trustees selected by such owners to lay out and plat such land into lots, streets, alleys, and public places. Sec. 2. Whenever any lands are hereafter laid out and platted as mentioned in Section one, the owner or owners of the same, or any trustee or trustees selected by such owner or LAWS OF UTAH. 77 owners shall cause to be made out an accurate map or plat thereof, particularly setting forth and describing: First— All the parcels of ground so laid out and platted ap by their boundaries, course and extent, and whether they are intended for avenues, streets, lanes, alleys, commons or other public uses, together with such as may be reserved for public purposes. Second All lots intended for sale by numbers and their precise length and width. Sec. 3 Such map or plat shall be acknowledged by such owner or owners, or trustee, before some officer authorized by law to take the acknowledgment of conveyances of real estate, required, and certified by the surveyor making such plat, and shall be filed and recorded in the office of the county recorder of the county in which the said lands so platted and laid out are situated. Sec. 4. Such maps and plats when made, acknowledged, filed and recorded with the county recorder shall be a dedica¬ tion of all such avenues, streets, lanes, alleys, commons or other je«oa««j of public places or blocks, and sufficient to vest the fee of such parcels of land as are therein expressed, named or intended for public uses for the inhabitants of such town and for the public for the uses therein named, or intended. Sec. 5. If any person shall sell or offer for sale any lot so platted according to said plat within any town or addition, before the map or plat thereof is made out, acknowledged, filed and recorded as aforesaid, such person shall forfeit to thePeua!ty- county in which such town or addition is located, a sum not exceeding three hundred dollars, for every lot which he shall sell. Such a forfeiture shall be recovered in the name of such county in an action brought by the prosecuting attorney thereof. Sec 6. This act shall take effect upon its approval. Approved March 13, 1890. CHAPTER LI. ENTRY BOOK TO BE KEPT BY COUNTY RECORDER. AN ACT amending Subdivision first of Section 145 s 8 of the Compiled Laws, of Utah of 1888 relating to Recorders. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory oj Utah : That, Subdivision first of Sec¬ tion 145 s. 8 of the Compiled Laws of Utah of 1888 is amended to read as follows: First. An entry book in which he shall immediately upon receipt of any instrument or paper writing to be recorded, or upon the entry upon the margin of any record of any cancella- 78 LAWS OF UTAH. Liability of rail¬ road companies. Appointment. tion satisfaction or discharge of any instrument in writing enter in the order of its reception or entry as the case may be the namt s of the parties thereto, its date the day of the month, the hour and year of filing any such instrument or marginal entry, and a brief description of the premises endorsing upon each instrument and marginal entry a number corresponding with the number of such entry. Approved March 13, 1890. CHAPTER LII. KAILWAY COMPANIES TO MAINTAIN FENCES AND CATTLE GUARDS. AM ACT to amend Section 2349. s. 35. of the Compiled Laws of Utah of 1888 relating: to Railroad Corporations. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 2349 of the Compiled Laws of Utah of 1888 is hereby amended to read as follows: Sec. 2349. s. 35. Each and every railway or railroad cor¬ poration operating a railroad or any part of a railroad within this Territory is hereby required to erect within ninety days after the approval of this act, and thereafter maintain a good and lawful fence on each side of such railroad, where such railroad passes through lands owned and settled or occupied by private owners, with good and sufficient cattle guards at all street or road crossings, to prevent live stock from getting upon such railroad, and any such corporation failing to build and maintain fences and cattle guards as aforesaid shall be liable to the full value of all damages sustained by the owner or owners of any live stock killed or injured by the engine or cars of such corporation, with interest on such damages from the date of the killing or injuring of such live stock. Approved March 13, 1890 CHAPTER LIII. CHAIR OF GEOLOGY AND MINERALOGY IN DESERET UNIVERSITY. AN ACT establishing a chair of Geology and Mineralogy in the University of the State of Deseret. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That there be created in the University of the State of Deseret a chair of geology and mineralogy. Sec. 2. The chancellor and board of regents of said University shall select and appoint a suitable person to fill LAWS OF UTAH. 79 said chair at a salary not exceeding fifteen hundred dollars Salary per annum to be determined by said board of regents, pay¬ able quarterly. Sec. 3. The object of the creation of said chair s h i e objects. First — the delivery under the direction of the chancellor and board of regents of the University of lectures on geological, mineralogical, meteorological, metallurgical and kindred sub¬ jects to advanced students of the University and to residents of Utah. Second -the formation of natural science collections and a natural science library to be located in said Territory, especial attention therein to be give to the mineral resources and building material of the Territory. Third — to form the basis of a future school of mines. Sec. 4. There is hereby appropriated by the Territory to carryout the provisions of this act for the years 1890 and ppr pria on- 1891 the sum of three thousand dollars or so much thereof as may be necessary. Sec. 5. This act to take effect upon approval. Approved March 13, 1890. CHAPTER LIY. ORGANIZATION AND DISINCORPOR ATION OF TOWNS. AN ACT amending Sections 1824, 1825, 1826 and 1828 of the Compiled Laws of Utah 1888, relating to the organization of Towns; and enacting new sections relating to the government, and disincorporation of Towns to be numbered 1828, a. 1828, b. 1828, c. and 1828, d. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah : That Sections 1824, 1825, 1826 and 1828 of the Compiled Laws of Utah 1888 are hereby amended, and new sections to be numbered 1828, a. 1828, b. 1828, c. and 1828, d are enacted as follows: Subdivision 2 of said section 1824, is amended to read as follows: Section 1824. s. 6. 2. To make regulations to secure the general health of the town. To prevent the introduction of Powers of Board of contagious, infectious or maglignant diseases therein, and to make quarantine laws and enforce the same within the corpor¬ ate limits and within one mile thereof. To prevent, abate and remove nuisances, and to adopt such other measures for the preservation of the public health as they may deem proper. Subdivision 4, of said Section 1824 is amended to read as follows: 4. Restrain from running at large, horses, asses, mules, cattle, sheep, goats, swine and all kinds of poultry, in such same, towns, under such penalties and regulations as may be pre¬ scribed by the ordinances of such towns. LAWS OF UTAH. Subdivision 6 of said Section 1824 is amended to read as follows : 0. To license, tax and regulate the manufacturing, vending or giving away of any spirituous, vinous, fermented or intoxicating liquors or beverages, and the use of billiard, bagatelle, pigeon hole and any other tables or implements kept or used for a similar purpose, and to license and regu¬ late hotel and tavern keepers, eating houses, restaurants, mer¬ chants, grocers, peddlers, butchers, slaughterers, druggists, apothecaries, sugeons, physicians, dentists and photographers. Subdivision 7 of said Section 1824 is amended to read as follows : 7. To license and regulate all exhibitions of showmen, concerts, theatricals, circuses, traveling shows, public dances and amusements, and to suppress any of the foregoing which are indecent. Subdivision 12 of said Section 1824 is amended to read as follows : 12. To lay out, construct, open, grade, pave and other¬ wise improve streets, lanes, alleys, sidewalks and crosswalks, and to prohibit the encumbering of the same with any material whatever, and to prohibit riding or driving on side¬ walks, except to cross the same. Subdivision 13 of said Section 1824 is amended to read as follows : 13. To lay out, construct, open and keep in repair canals, water ditches, or water pipes for irrigation, domestic or other use for the inhabitants of such town, and to annually assess and collect a water tax for said purposes, upon the real prop¬ erty in said town benefited thereby. Section 1825 is amended to read as follows: Sec. 1825. s. 7. To enforce obedience to the ordinances of the town, the board of trustees may ordain and provide such fines, forfeitures and penalties as they may deem proper to be prosecuted before any justice of the peace of the county in which any such town may be situated in the name of the corporation, and all expenses incurred in prosecutions for the recovery of any fine, forfeiture or penalty shall be paid by the corporation, and all fines and forfeitures when collected shall be paid to the corporation as may be provided by ordinance. Provided, the fine or penalty shall be less than one hundred dollars, and the imprisonment shall not exceed three months, and provided further, that in case the fine and costs, or either, are not paid, the court before whom the conviction is had may order the person committed to the county jail until such fine or penalty and costs are fully paid, but under no circumstances shall a person be imprisoned for one conviction for more than three months, but during such imprisonment may be kept at hard labor. The expense of boarding such prisoner shall be paid by the corporation; Provided further , LAWS OF UTAH. 81 that justices of the peace before whom any case is tried, shall hold court in the town where the offense was committed. The board of trustees are hereby authorized to erect a jail aJ1 for said town, and when erected persons committed for viola¬ tion of said ordinances shall be imprisoned in said jail. Section 1 826 is amended to read as follows: Sec. 1826. s. 8. The clerk of the board of trustees in each town shall have the custody of and safely keep the corporate seal, records, books and papers thereof entrusted to him by the board of trustees and shall attend all meetings of the board, and record all their proceedings; and he shall audit all accounts allowed by the board, and shall annually make, and Duties of clerk keep posted in his office, a statement showing the financial condition of the town, including all receipts and disbursements, debts due to, or owing by the town, the names of the parties to or from whom such debts are due, and on what account such debts were contracted, the sourcafrom which all receipts were received and upon what accounts such expenditures were made; and he shall perform such other duties as may be re¬ quired of him by the board of trustees. Section 1828 is amended to read as follows: Sec. 1828. s. 10. On petition in writing signed by not less than three-fourths of the taxpayers of any town, as shown by the assessment roll the previous year to the board of trus- Disincorporation, tees praying for the disincorporation of such town, it shall be the duty of said trustees to submit such question to the elec¬ tors, at the next election for such town, and to give notice Notice, thereof by publication in a newspaper having general circula¬ tion in such town, at least once a week for four successive weeks and by posting notices in at least five public places in such town, for at least thirty days prior to such election; Pro¬ vided the question of disincorporating the town shall not be submitted at any election unless the obligations and liabilities of such town shall have been fully settled. Such notices shall distinctly state the proposition to be voted for and the timePr0V1S0* and place of the election. The electors shall be notified thereby to vote on the proposition by placing upon their bal¬ lots the words “for disincorporation” or “against disinc.orpo- ration.” The election shall be conducted, the votes canvassed and the returns made in the same manner as provided by law for the holding and conducting of elections in such town. A new section to be numbered 1828. a. is enacted as fol¬ lows : Sec. 1828 a. s. 11. If three-fourths of all the votes cast at such election shall be “for disincorporation” the corporate Numbervotesre. existence of such town shall be ended and the officers elected quired- at such election shall not qualify, and the terms of office of the incumbent officers shall immediately exoire. A new section to be numbered 1828. b. is enacted as fol¬ lows : 82 LAWS OF UTAH. Disposal of prop erty. Expenses. Duties of retiring president. Elections. Section 1828. b. s. 12. The retiring officers of such disin¬ corporated town shall deposit with the treasurer of the county in which such town is situated, all records, books, maps and other personal property belonging to said town, and all moneys, accounts, notes, and other property, both real and personal, belonging thereto, shall vest in said county, in trust for the inhabitants of said town, and said county is hereby empowered to sue in its name, as such trustee, for the collection of all debts, accounts and claims which were due and owing to the said town at the time of such disincorporation. The county as such trustee, may sell and convey any real or personal property so vesting by reason of such disincorporation, and shall dispose of all moneys obtained by such sale, or other¬ wise, from any such property or debts, in the improvement of sidewalks, public squares, parks or cemeteries, in or owmed by the said town, provided , that the necessary expenses incurred by the county in closing up and settling the business of such disincorporated town shall be deducted from the money so obtained, before such disposition shall be made. A new section to be numbered 1828. c. is enacted as follows : Section 1828. c. s. 13. Whenever any town is disincor¬ porated as herein provided, it shall be the duty of the retiring president of such towTn to have recorded in the office of the county recorder of the county in which such town is situated, copies of said petition and of the order of the board of trus¬ tees submitting the proposition to the electors, and certified copies of said notices with proper affidavits showing the post¬ ing and publication of the same, and the number of votes cast for and against disincorporation; and such president shall further make publication of such disincorporation for at least four successive weeks in some newspaper having general circulation within this Territory. A new section to be numbered 1828. d. is enacted as follows: Section 1828. d. s. 14. This act shall take effect upon its approval. Approved March 10, 1890. CHAPTER LV. TRESPASSING ANIMALS. AN ACT providing for the Disposal of Estrays and Animals for ^Trespass and Damages. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That any county or precinct thereof may at any general or special election called for that purpose by the county court by a vote of not less than two- LAWS OF UTAH. 83 thirds of the taxpayers voting at such elections declare in favor of fencing their farms and allowing their animals to run at large, in such cases the provisions of this act authorizing the detention and sale of animals for damages shall be inopera¬ tive. Sec. 2. All horses, mules and neat cattle regardless of age, except sucking calves and colts found running at large on which there is no brand, and all such animals branded, the owner of which after reasonable search cannot be found, Estray8‘ and which have been running at large on any range in this Territory for one year or more, and any hogs running at large on the premises of any person not the owner are hereby de¬ clared to be estrays. * Sec. 3. It is hereby made the duty of the constable of any precinct to take up any estrays in said precinct, and after advertising them (giving therein a general description) for ten days he shall sell the same at public auction to the highest sai* of e>trays. bidder for cash, and after deducting costs and expenses of keep¬ ing and sale shall deposit the balance of the proceeds of sale with the justice of the peace to be by him disposed of as in case of the sale of animals for damage as hereinafter provided. Sec. 4. If am^ neat cattle, horses, mules, sheep, goats or hogs, shall trespass or do damage upon the premises of any person except in cases where said premises are not enclosed by Dan a lawful fence in districts or places where a fence is required by law, the party aggrieved may recover damages by an action at law against the owner of the trespassing animals or by pro¬ ceeding as provided in this act. Sec. 5. The owner or occupant of any improved -real property may distrain all animals doing damages on such property and keep them in some secure place, and properly care for the same and shall notify the owner, if known, and if he resides within a distance of five miles from the place Distrainedanimals- where the animals are distrained, and if all damages are not paid within forty-eight hours after taking said animals he shall file a verified complaint in writing in the justice’s court of the precinct in which the trespass was committed substan¬ tially in the following form : In the justice’s court of - precinct - county, Utah Territory - - - -(name of the person damaged) - plaintiff - vs. - name of the owner of the animals, if known ; if not known : John Doe - defendant - The said plaintiff being first duly sworn on his oath says that certain animals to wit (here describe the Form of comp,aint^ animals) now at (state the place which shall be in the precinct) on the - day of- - A. D. 189— at - precinct, county and Territory aforesaid belonging to (here state the name of the owner of the animals if known or if not known John Doe whose name is otherwise unknown) defendant did unlawfully trespass on the property of said plaintiff by (here 84 LAWS OF UTAH. state the acts causing the damage.) to his damage in the sum of - dollars. That no part of said damage has been paid — : - Plaintiff - - Subscribed and sworn to before me this - day of - A. D. 189 - Upon filing said complaint said justice shall post up in some conspicuous and accessible place in front of his office and posting of state- near thereto a written statement containing a description of said animals, the name of the person damaged, the place where said animals are detained and the amount of the dam¬ ages claimed by the party aggrieved. Sec. 6. If the damages including expense of case and keeping of said animals and costs of the justice’s court are not paid within forty-eight hours after the filing of said com- summons. plaint, the justice shall issue a summons addressed to the de¬ fendant by name if known, if not known to John Doe, re¬ quiring him to appear on a specific day (naming it) not less than five nor more than ten days from the issuance of the summons, which said summons shall contain a de¬ scription of the animals and in other respects shall be sub¬ stantially as provided by law in such cases. If the defendant service. is known the summons shall be served and return thereof made in the manner provided by law in justices courts in civil cases. If the defendant be unknown service shall be made by publishing a copy of the summons in some newspaper published in the county if there be one published, if not by posting a copy thereof in some conspicuous and accessible place in front of the justice’s office and near thereto for a period of at least five days prior to the day set for appearance. When service is made by publication or posting as provided in this section proof thereof shall be made by affidavit which affidavit shall be attached to the original summons. Sec. 7. From the time of the service of the summons and proof thereof as provided in the preceding section, the proceedings shall be conducted in the same manner as pro- SJSSwSaSSf*01' vided by law for the conduct of civil cases in justices courts and the damages and expenses in caring for and keeping said animals and costs of court shall constitute a lien upon said animals from the time they were taken up until judgment for said damages, expenses and costs are fully satisfied and said animals or so many thereof as may be necessary may be sold upon execution for the satisfaction of said judgment, and no such animal shall be exempt from execution. Provided , that the fees allowed in said justices court under the pro¬ visions of this act, shall be one-half of those allowed in other civil cases in said courts. Sec. 8. If the defendant is of the opinion that the dam¬ ages claimed are excessive he mav at any time after taking up U?xeessivo damages. O tip . , , ^ . i • • m l °1 the animal and before trial tender the plaintiff the amount he deems reasonable and if the plaintiff do not recover a greater LAWS OF UTAH. 85 sum than that tendered, the costs from the time of the tender shall be assessed against the plaintiff. Sec. 9. After six months from the date of said sale the net proceeds thereof shall be paid into the county treasury of the county in which the sale was made after which said sum shall be the same as other county funds. If, however, the owner of said animals shall within six months from the date w8posai of pro¬ of sale, prove to the satisfaction of the justice who heard °ees the case that he was the owner, said justice shall pay such net proceeds to such owner and report quarterly to the county court a list of all such cases, which report shall show the cases tried, number of animals sold, tke amount sold for and dispo¬ sition of the proceeds. Sec. 10. Each poundkeeper in this Territory shall de- Duties of pound liver to the justice of the peace of the precinct in which he re-keepe,s- sides all brand books or sheets in his possession. Sec. 11. Any person who shall take any animals out of the custody of the person holding them for damage as pro¬ vided in this act or who shall intercept or hinder any person Penalty* in taking up or attempting to take up such animals for doing damage is guilty of a misdemeanor. Sec. 12. The provisions of this act shall in no way inter¬ fere with existing legal rights of incorporated cities and towns in relation to animals running at large. Sec 13. Sections 2215 to 2232 inclusive of the Compiled Laws of Utah of 1888 and all laws providing for precinct poundkeepers and prescribing their duties are hereby re¬ pealed. Sec. 14. This act shall take effect, upon its approval. Approved March 13, 1810. CHAPTER LVI. LIENS TO PROTECT RANCHMEN, TAVERN KEEPERS AND OTHERS. AN ACT to secure to ranchmen, tavern-keepers and other persons liens on personal property, and repealing Sections 2955, 2956 and 2957, of the Compiled Laws of Utah of 1888. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That any ranchman, farmer, agistor, or herder of cattle tavern keeper or livery stable keeper, to whom any horses, mules, asses, cattle or sheep, shall be intrusted for the purpose of feeding, herding pastur- Liens on stock ing or ranching, shall have a lien upon such animals for the amount that may be due him for such feeding, herding, pas¬ turing or ranching and shall be authorized to retain possession of such animals until the said amount is paid; and every hotel, tavern, boarding-house keeper or person who lets fur- 80 LAWS OF UTAH. Liens od baggage. Liens for storage. Mechanics’ liens. Appraisement. Same. Sale. nislied rooms, shall have a lien upon the baggage of his pa¬ trons, boarders, guests and tenants for the amount that may be due from any such persons for such boarding, lodging or rent, and he is hereby authorized to hold and retain possession of such baggage until the amount so due for boarding, lodg¬ ing or rent or either is paid. Sec. 2. Every warehouseman or other person who shall safely keep or store any personal property at the request of the owner or person lawfully in possession thereof, shall in like manner have, a lien upon all such property for his reason¬ able charges for the storage or keeping thereof, and for all reasonable and proper advances made thereon by him in accordance with the usage and custom of warehousemen. Sec. 3. Any mechanic or other person who shall make, alter, repair or bestow labor upon any article of personal property, at the request of the owner of such property, shall in like manner have a lien upon such articles for his reason¬ able charges for the labor performed and for any materials furnished and used in making such alteration, repair or im¬ provement. Sec. 4. If any such charges for which a lien is given by the three preceding sections be not paid within thirty days after the same became due and payable the person to whom such lien is given as aforesaid may apply to any justice of the peace of the county wherein he resides to appoint apprais¬ ers to appraise the several articles of personal property where¬ on such lien is claimed. Such justice shall thereupon ap¬ point by warrant under his hand three reputable householders of the county not interested in the matter to appraise such property. Section 5. The appraisers so appointed shall be sworn by the justice to well and faithfully appraise and value all such property, and shall thereupon proceed to appraise the same and shall return their appraisement wherein shall be set down each article separately, with the appraised value thereof to the justice by whom they were appointed, within ten days after their appointment. And the person causing such appraisement shall serve a copy thereof upon the person against whom such lien is claimed within ten days after such appraisement Section 6. After such appraisement is made, the person to whom such lien is given by the foregoing sections may after giving ten days prior notice of the time and place of such sale, with a description of the property to be sold by publica¬ tion in some newspaper published in the county wherein he resides (or if there be no such newspaper, then by posting in three public places within such county) and delivering to the owner of such personal property, or if he does not reside in the county, transmitting by mail to him, at his usual place of abode if known, a copy of such notice, proceed to sell all such LAWS OF UTAH. 87 property, or so much thereof as may he necessary, at public auction, for cash at any public place within such county, between the hours of ten a. m. and four p.m. of the day appointed ; and from the proceeds thereof may pay the reason- ^ ^ able costs of such appraisement, notice and sale, and his reasonable charges for which he has his lien, together with the reasonable cost of keeping such property up to the time of sale. The residue of the proceeds and of the property unsold he shall render to the owner. Sec. 7. No such sale shall be made for less than two- thirds of the appraised value of the article sold, nor without Termsofsale' due notice, as required by the preceding section. Every such sale made in violation of the provisions of this section shall be void. Sec. 8. At such sale the person to whom such lien is given may become the purchaser. Sec. 9. In any case where the property to be sold cannot conveniently be sold in one day, the sale may be continued from day to day by public outcry at the place of sale. Upon the completion of such sale, the person to whom the lien is given hereby, shall cause a sale bill thereof to be filed with theContinuation of justice of the peace before whom such appraisement was had,sale- in which shall be set down the sum for which each separate article of property was sold, and the name of the purchaser. The justice shall record such sale bill in his docket, and pre¬ serve the original thereof, together with the appraisement. Sec. 10. Nothing in this act shall take away the right of action of the party to whom such lien is given, for his Risht of action- charges, or for any residue thereof, after sale of such property. Sec. 11. At such sale the person to whom such lien is oner, given, as herein provided may appoint a crier. Sec. 12. Appraisers appointed under the provisions of this act shall receive two dollars per day; justices of the peace shall receive for each warrant of appraisement, fifty cents; for Compen8ation. receiving and recording each appraisement, twenty cents for one hundred words, and the like fees for recording each sale bill; criers at sales made under the provisions hereof, shall receive two dollars per day. Sec 13. All acts or parts of acts in conflict with this act, and Sections 2955, 2956 and 2957 of the Compiled Laws 0fRePealin«clause- Utah of 1888, are hereby repealed, provided, nothing in this act contained shall affect any lien which may exist at the time this act shall take effect or take away the right or remedy to enforce the same, or affect any right or remedy which may exist under and by virtue of any law which may be repealed by this act; but all such liens or rights shall remain in full force and may be enforced in the same manner and to the same effect as if this act had not been passed. Approved March 13, 1890. 88 LAWS OF UTAH. Form of warranty. Effect. Form of quit claim, CHAPTER LVII. FORMS FOR DEEDS AND MORTGAGES, AND CANCELLATION OF MORTGAGES. AN ACT concerning conveyances and providing for the cancellation and discharge of mortgages and deeds of trusts. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That conveyances of land may be substantially in the following form: WARRANTY DEED. A. B. grantor (here insert name or names and place of residence) hereby conveys and warrants to C. D. grantee, (here insert name or names and place of residence) for the sum of - dollars, the following described tract of land in - county Territory of Utah (here describe the premises). Witness the hand of said grantor this - dav of - A. D. - Signed in the presence of Such deed, when executed and acknowledged as required by law shall have the effect of a conveyance in fee simple to the grantee, his heirs and assigns, of the premises therein named, together with all the appurtenances, rights and privi¬ leges thereto belonging, with a covenant from the grantor, his heirs and personal representatives, that he is lawfully seized of the premises; has good right, to convey the same; that he guar¬ antees the grantee his heirs and assigns in the quiet possession thereof, that the same are free from all encumbrances and that the grantor, his heirs and personal representatives will forever warrant and defend the title thereof in the grantee, his heirs and assigns, against all lawful claims whatsoever. Any exceptions to such covenants may be briefly inserted in such deed, follow¬ ing the description of the land. Sec. 2. That conveyances of land may also be substan¬ tially in the following form, QUIT CLAIM DEED. A. B. grantor (here insert name or names and place of residence) hereby quit claims to C D. grantee (here insert name or names and plaee of residence) for the sum of - dollars, LAWS OF UTAH. 89 the following described tract of land in - county, Territory of Utah, (here describe the premises.) Witness the hand of said grantor this - day of - A.D. Signed in the presence of And such deed when executed and acknowledged as re¬ quired by law shall have the effect of a conveyance of all right, Effect, title, interest and estate of the grantor in and to the premises therein described, and all rights privileges and appurtenances thereto belonging at the date of such conveyance. Sec. 3. A mortgage may be substantially in the following form MORTGAGE. A. B. mortgagor (here insert name or names and place of residence State or Territory) hereby mortgages to C. D. mortgagee, (here insert name or names and place of residence) for the sum of - dollars the following described tract of land in - —county, Territory of Utah (here describe the premises). This mortgage is given to secure the following indebted¬ ness (here state amounts and form of indebtedness, maturity, rate of interest, by and to whom payable and where). The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of - dollars, attorney’s fees in case of foreclosure. Form of mortgage. Witness the hand of said mortgagor this - day of - A.D. Signed in presence of And when executed and acknowledged as required by law, shall have the effect of a conveyance of the land therein described, together with all the rights, privileges and appurte¬ nances thereunto belonging to the mortgagee, his heirs, assigns and legal representatives, for the payment of the indebtedness therein set forth, with covenant from the mortgagor that all Effect taxes and assessments levied and assessed upon the land described, during the continuance of the mortgage, shall be paid previous to the da}^ appointed for the sale of such lands for taxes, and may be foreclosed as now provided by law and with the same effect, upon any default being made in any of the conditions thereof as to payment of either principal, interest, taxes or assessments. 13 90 LAWS OF UTAH. Form of cancella¬ tion. Effect. Form of acknowl¬ edgement. Effect. Private seals. Sec. 4. A cancellation or discharge of a mortgage or deed of trust may be substantially in the following form. CERTIFICATE OF DISCHARGE. This certifies that a (mortgage or deed of trust, as the case may be) from - — to - dated - A. D. - and recorded in book - of - on page - has been fully satisfied by the payment of the debt secured thereby, and is hereby can¬ celled and discharged. Signed in presence of Recorder - county Filed and recorded - A. 1). - at - m. - County Recorder. Such cancellation or discharge shall be entered in a book kept for that purpose, and signed by the mortgagee or trustee, his attorney in fact executor, administrator or assigns, in the presence of the recorder or his deputy, who shall subscribe the same as a witness, and such cancellation or discharge, shall have the same effect as a deed of release duly acknowledged and re¬ corded. Sec. 5. A certificate of acknowledgment to any instru¬ ment in writing affecting the title to any real property in this Territory may be substantially in the following form. Territory of Utah County of: - On the - day of - A. D. - personally ap¬ peared before me - the signer of the above instrument who duly acknowledged to me that he executed the same. Such certificate when properly executed by an officer au¬ thorized to take acknowledgments to instruments in writing affecting the title to real property in this Territory, and at¬ tached to a conveyance in writing, shall be a sufficient ac¬ knowledgment, proof and certificate that such conveyance was executed as required by law. Sec. 6. Hereafter it shall not be necessary to use private seals on any instrument of writing in this Territory. Sec. 7. All acts and parts of acts in conflict with the pro¬ visions of this act are repealed. Sec. 8. This act shall take effect upon its approval. Approved March 13, 1890. LAWS OF UTAH. yi CHAPTER LVIII. WORLD^S FAIR COMMISSIONERS. AN ACT to provide for the appointment of Commissioners to the World’s Fair. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah : That the governor of' the Territory shall appoint three suitable persons to represent the Appointment. Territory of Utah as commissioners at the next World’s Fair that may be held in the United States in the year 1892 or thereafter. Sec. 2. The said commissioners shall have power to re¬ ceive and collect subscriptions of money, collections of samples of the products of the Territory, specimens of minerals, structural Power8 and duties, materials and other natural resources of the Territory of Utah, and to apply for and secure sufficient space for proper exhibition thereof at the said fair. Sec. 3. Said commissioners shall serve without salary but their actual expenses, not exceeding the amount hereinafter compensation, appropriated, shall be paid out of the territorial treasury upon vouchers properly made and certified by the governor. Sec. 4. The sum of three thousand dollars is hereby ap- Appropriation, propriated by the Territory for the purposes of this act. Sec. 5. This act shall take effect on approval. Approved March 13, 1890. CHAPTER LIX. PROTECTION OF GAME AND BIRDS. AN ACT for the protection of Game and Birds. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah,: That any person who shall kill, wound, ensnare or trap within the Territory of Utah any elk, deer, buffalo or bison, antelope or mountain sheep, or any Protect,on of game fawn or young of any of said animals between the first day of December and the first day of September following, shall be guilty of a misdemeanor. Sec. 2. Any person, who shall pursue, with dog any of the animals mentioned in Section 1. shall be guilty of a mis- Hunting with dog. demeanor, and any person may lawfully kill any dog while pursuing any of said animals and shall not be liable for the value of said dog. Sec. 3. Any person who shall wantonly kill or destroy 92 LAWS OF UTAH. Wanton destruc¬ tion. Protection of birds. Geese and ducks. Applicable to Indians. Possession. Reward for infor¬ mation. any of the animals mentioned in the first section of this act,! or shall kill or destroy the same for the sole purpose of securing the hide or skin of any such animal, or shall ship, carry or transport out of the Territory of Utah any of such animal* or any part thereof, shall be guilty of a misdemeanor. Sec. 4. Any person who shall kill, ensnare, net or trap any quail, partridge, pheasant, prairie chicken, sage hen or grouse within the Territory of Utah between the fifteenth day) of March and the fifteenth day of August of each year; or who shall kill, ensnare, net or trap at any time any lark,! whippoorwill, thrush, swallow, snow-bird, bobolink, wood-1 pecker, or other insectivorous birds, not being birds of preyj except English sparrows, and the bird commonly known as the ! California quail shall be guilty of a misdemeanor. Sec. 5. Any person who shall take, kill or destroy any! wild goose, wild duck or snipe between the first day of April I and the first day of September of each year within the Ter- 1 ritory of Utah, or who shall rob the nests of any wild goose! or wild duck, or who shall rob the nests of any of the birds! mentioned in this act, except the English sparrow and black- 1 bird or who shah kill any wild goose or wild duck between one hour after sunset and one hour before sunrise, shall be I guilty of a misdemeanor. Sec. 6. The provisions of this act shall apply to all In¬ dians in the Territory of Utah except in cases of game and 1 birds taken upon their reservations. Sec. 7. Any person who shall have in his possession any! game taken unlawfully is guilty of a misdemeanor. Sec. 8. The county courts of the several counties shall! offer such reward as in their diser< ction they may determine,! to any person or officer who shall give information that! shall lead to the arrest and conviction of any person vio-J lating this act. All fines collected in cases of conviction un-J der this act shall be paid into the treasury of the county in I which trial for such violation is had. Sec. 9. All laws in conflict with this act are hereby re-J pealed. Sec. 10. This act shall take effect upon its approval. Approved March 13, a 890. CHAPTER LX. GRAND COUNTY. AN ACT creating Grand County, prescribing its Boundaries and appointing County Officers Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That all that portion of the Territory of Utah embraced within the following boundaries, to wit: Commencing at the point of intersection of parallel 38° LAWS OF UTAH. 93 30' north latitude with the west line of the State of Colorado, running thence north along the line between Emery County and Colorado to the point of intersection with Uintah County, thence westerly along the southern boundary line of Uintah County to the center of the mam channel of Green River, Boundaries' thence southerly. following the center of the main channel of said Green River, to the northern line of San Juan County, thence east to the place of beginning, is hereby made and named Grand County, with the county seat at Moab, and said county is hereby attached to and made a part of the First Judicial District of this Territory. Sec. 2. Causes of action, criminal or civil, now pending in any court which have arisen within the territory, above described, shall be tried and determined regardless of the crea¬ tion of Grand County; and any cause of action now accrued, rrimInal and civil or criminal offense committed before the passage of this bill™"™”- within the territory forming Grand County, where proceedings have not been commenced at the time of the passage of this act, shall be tried and determined in said First Judicial Dis¬ trict, except cases cognizable in justice’s courts, which cases shall be tried in said Grand County. Sec. 3. For the purpose of organizing said Grand County, the following officers are hereby appointed; John H. Shafer, Henson Walker and R. C. Camp, selectmen; Walter Moore 0fflcers sheriff; 0. D. Allen assessor and collector; Sylvanus Richard¬ son prosecuting attorney; Arthur Taylor treasurer; H. B. Beach county superintendent of district schools ; William H. Allred, coroner; Joel Shomaker surveyor; George H. Wade county clerk; George H. Wade county recorder. Said officers shall take the oath of office prescribed by law, and give bonds Oathandbonds- in such penal amounts as required by law. They shall hold said offices until the next general election in 1890, and until Term ofoffloe- their successors are elected and qualified. They shall com¬ mence the duties of their offices immediately upon qualifying, and the selectmen shall, on or before the first Monday in May, 1890, meet and organize, and appoint such officers as are neces- 1)uties' sary for the complete organization of said county, and the transaction of all business matters therein, who shall, before entering upon the duties of their offices, qualify as the law diiects. The county court of said county shall prescribe theBoundariesof boundaries of precincts and school districts, and exercise all EriLtriets. powers and perform all acts as by law provided. Sec. 4. All taxable property within said Grand County shall be assessed by the assessor thereof, and all property with¬ in said county, that may have been assessed by the assessor of AssessmeDt of tax. Emery County for the year 1890, shall, at the meeting of the board of equalization of said Emery County be stricken from the assessment roll. Sec. 5. This act shall take effect upon its approval. Approved March 13, 1890. 94 LAWS OF UTAH. Boundaries. Murder. CHAPTER LXI. CHANGING BOUNDARY OF EMERY COUNTY. AN ACT to amend Section 76, s. 1, of the Compiled Laws of Utah of 1888, relating to the boundary of Emery County. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 76. s. 1, of the Compiled Laws of Utah of 1888, is hereby amended to read as follows: Sec. 76. s. 1. All that portion of the Territory of Utah bounded as follows, to wit: Commencing at a point where parallel 38 deg. 30 min. north latitude crosses Green River, thence west along the said parallel, to a point six (6) miles west of the first guide meridian east of the Salt Lake meridian, thence north along the township line between Range five (5) and six (6) east, to the third standard parallel south, thence east three (3) miles to the section line running north through the middle of Range six (6) east, thence north along said section line to the town¬ ship line between townships eleven (11) and twelve (12) south, thence east along the last mentioned township line to Green River, thence down the main channel of Green River to the place of beeinning, is hereby made and named Emery County, with the county seat at Castle Dale, which county is hereby attached to and made a part of the First Judicial District. Sec. 2. This act shall take effect upon its approval. Approved March 13, 1890. CHAPTER LXII. PENAL CODE RELATING TO MURDER, ETC. AN ACT to amend Sections 4455, 4457, 4469, 4622, 4631 and 4677, of the Compiled Laws of Utah of i888 relating to the Penal Code. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 4455 of the Compiled Laws of Utah 18S8 is hereby amended so as to read as follows: “Sec. 4455. Every person guilty of murder in the first degree shall suffer death, or upon the recommendation of the jury, may be imprisoned at hard labor in the penitentiary for life, in the discretion of the court, and every person guilty of murder in the second degree shall be imprisoned at hard labor in the penitentiary for a term not less than ten years and which imprisonment may extend to life.” Sec. 2. Section 4457 of said laws is hereby amended so as to read as follows: LAWS OF UTAH. 95 Sec. 4457. Voluntary manslaughter is punishable by imprisonment in the penitentiary for a term not less than one and not exceeding ten years; involuntary manslaughter Manslaughter- is punishable by imprisonment in the county jail not exceed¬ ing one year.” Sec. 3. Section 4469 of said laws is hereby amended to read as follows! Sec. 4469. Robbery is punishable by imprisonment in Robbery. the penitentiary for a term not less than three years nor more than twenty years. Sec. 4. Section 4622 of said laws is hereby amended so as to read as follows : “Sec. 4622. Burglary is punishable by imprisonment in the penitentiary for a term not less than one nor more than Burglary' twenty years. Sec 5. Section 4631 of said laws is hereby amended so as to read as follows : “Section 4631. Forgery is punishable by imprisonment in the penitentiary for a term not less than one nor more than Forgery- twenty years. Sec. 6 Section 4677 of said laws is hereby amended so as to read as follows : “Section 4677. Every person who knowingly and de¬ signedly, by false or fraudulent representations or pretenses shall obtain from any other person or persons, any chose in action, money, goods wares, chattels, effects or other valuable thing, with intent to cheat or defraud any person or persons under false pre- of the same, if the value of the property so obtained is lesstenoes' than fifty dollars, is punishable as in cases of petit larceny, and when the property so obtained is of the value of fifty dol¬ lars or more the person so offending shall be punishable as in cases of grand larceny. Sec. 7. The several sections and provisions of the laws of Utah of which this act is amendatory are continued in force Prioraction for all purposes of the trial of cases arising thereunder prior to the passage of this act; in all such cases the court shall proceed to trial and judgment as if this act had not been passed. Approved March 13, 1890. CHAPTER LXIII. FUGITIVES FROM JUSTICE. AN ACT amending Section 5274 of the Compiled Laws of Utah, of 1888 relating to Fugitives from Justice. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 5274, of the tCompiled Laws of Utah of 1888, is hereby amended to read as follows : 96 LAWS OF UTAH. Requisition. Expense. Claims. Sec. 5274. The governor of this Territory, may in any case where any person is charged therein, with felony or other crime against the laws of this Territory who shall flee from justice, or be found in any State, or other Territory, demand from the executive authority of such State, or other Territory, the surrender to the authorities of this Territory of such fugitive from justice, who has been found in such State or other Territory, and the accounts for the necessary expense, and lawful fees of the agents appointed by the governor to bring back such fugitive, properly verified by the oath of such agents, and certified by the governor, as being to the best of his knowledge and information correct and true, shall be audited by the auditor of public accounts, and paid out of the treasury of the Territory. Sec. 2. This act shall take effect upon its approval. Approved March 13, ?890. CHAPTER LXIY. COUNTY COURT IGNORING PROBATE JUDGE. AN ACT amending Section 184. s. 14 of the Compiled Laws of Utah of 1888. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Subdivision 4. of Sec¬ tion 14. of Chapter VI- on page 296. of volume one of the Compiled Laws of Utah, be and the same is hereby amended so as to read as follows; to wit: Immediately after the adjournment of each meeting of the court, prepare and certify duplicate lists of all claims al¬ lowed and orders made by the court for the payment of money, giving the name of the claimant or payee named in the claim or order the amount and date of each claim, or order and the date of the allowance thereof, and deliver to, and leave with, the treasurer one of said lists and retain and file in his office the other list. Approved March 13, 1890. CHAPTER LXV. NARCOTICS. AN ACT prohibiting the selling, giving or furnishing of tobacco, opium or other narcotics to, and the use thereof by, minors. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That any person who shall sell, give or furnish any cigar, cigarette, or tobacco, in any form, LAWS OF UTAH. 97 opium or any other narcotic in any form to any minor under eighteen years of age in this Territory shall be guilty of aPeualty- misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten nor more than one hundred dollars. Sec. 2. The provisions of this act shall not apply to the use sale, giving or furnishing of any narcotic upon the pre¬ scription of a physician. * Approved March 13, 1890. CHAPTER LXVI. REFORM SCHOOL. AN ACT amending Section 1892, 1902, 1903, 1907 and 1908 of the Compiled Laws of Utah of 1888 and adding a new section to be known as Section 1911 a. s 22, relating tp Reform School. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory op Utah: That Section 1892 of the Compiled Laws of Utah, U88, is amended by adding thereto “‘.SSES the following: Provided that a trustee herein mentioned shall ten(ient- not be eligible to serve as superintendent of the Territorial Reform School. Sec. 2. That Section 1902 is hereby amended to read as follows: Sec. 1902 s 12. When a boy or girl within the age of eighteen years, shall, in any of the district courts in this Ter¬ ritory, be found guilty of any crime except murder, the court may, if in its opinion the accused is a proper subject therefor, instead of entering judgment cause an order to be entered, that such boy or girl be sent to the Reform School in pur- Zm!chieocitforre' suance of the provisions of this act; and a copy of said order, duly verified by the .clerk, under the seal of such court, shall be a sufficient warrant for taking such boy or girl to said school, and for his or her commitment therein; or when it appears to the court on the complaint or due proof thereof, by the parent or guardian, corroborated by two disinterested witnesses, that the incorrigible or vicious conduct of any boy or girl has rendered his or her con¬ trol beyond the power of such parent or guardian and made it manifestly requisite Irom regard to the morals and future welfare of such boy or girl; or when complaint and due proof have been made that any boy or girl is a proper subject therefor, in consequence of incorrigibly vicious conduct, the court may, if in its opinion the accused is a proper subject therefor, cause an order to be entered, that such boy or girl be sent to the Reform School in pursuance of the provisions of this act; and a copy of said order, duly certified by the clerk, under the seal of said court, shall be a sufficient warrant for taking such boy or girl to such school, and for his or her com¬ mitment therein. 14 98 LAWS OF UTAH. Powers of justice. Expense. Sec. 3. That Section 1903 is hereby amended to read as follows: Sec. 1903. s. 13. When, before a justice of the peace, a boy or a girl under the age of eighteen years shall be con¬ victed of any crime; or against whom a complaint has been made and proven, by two disinterested witnesses charging such boy or girl with incorrigible or vicious conduct, and that such boy or girl is a proper subject for said school under the pro¬ vision of the section last preceding, the magistrate may in his discretion, send such boy or girl, together with all the papers filed in his office on the subject, under the control of some officer to the judge of the district wdierein he presides, said judge shall then issue an order to the parent or guardian of such boy or girl, or such person as may have him or her in charge; or if he or she be alone and friendless, then to such person as said judge may appoint to act as guardian for the purpose of the case, requiring him or her to show cause why the said boy or girl should not committed to the Reform School for reformation and instruction. Sec. 4 That Section 1 9t >7 s. 17. is hereby amended by striking out the word “ majority ” in line three of said section, and inserting in lieu thereof the words “twenty-one years.” Sec. 5. That Section 1908. s 18. is hereby amended by striking out the word “majority” in line three of said section, and inserting in lieu thereof the words twenty-one years.” Sec. 6. A new section is hereby enacted to be known as Sec. 1911 a : Sec. 1911 a. s 22. The trustees shall estimate and deter¬ mine as near as may be, the actual expense per annum of keeping and taking care of any such boys or girls as are com¬ mitted on the complaint of the parents or guardians of such boys or girls to the Reform School for incorrigible or vicious conduct, and the costs of keeping such boys or girls, including the cost of transportation to the Reform School and the costs of court, shall be wholly paid by such parent or guardian, un¬ less for good cause said trustees shall otherwise order and di¬ rect, in which case such expenses including cost of transpor¬ tation shall be paid by the Territory. Sec. 7 This act shall be in effect from and after its passage. Approved March 13, 1890. CHAPTER LXVII. TERRITORIAL LIBRARY. AN ACT providing for and regulating the Utah Territorial Library. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the books, pamphlets, maps, charts, globes, papers, apparatus and valuable specimens LAWS OF UTAH. 9ft belonging to the Territory now in the territorial library, or which shall hereafter be added thereto, shall constitute the Utah Territorial library. Sec. 2. That the governor, secretary, chief justice and Board of controT.- associate justices of the supreme court of the Territory, shall constitute the board of control of the Territorial library. Sec. 3. The board of control may, in their discretion, classify the books and articles named in Section 1. of this act and deliver to and place in the library of the University of Deseret such books and articles belonging to and com posing Divisionoflibrary< the Territorial library as they may consider more useful to the University library than to the Territorial library, and any books or articles so delivered to the University library shail thereupon become and thereafter remain a portion of the Uni¬ versity library. Sec. 4. The public shall have access to the library, and the board of control may make such rules and regulations not inconsistent with the provisions of this act, as they may deem proper, for the use of the library by the public and the officers TJseof)ibrary' herein named, and may prescribe penalties for any violation thereof, which shall be collected in the same manner as for¬ feitures for the non-return or injury of any book. Sec. 5. Books may be taken from the Utah territorial library by members of the legislature, and its officers, and at any time by the officers of the executive departmenl of theS“SrYaf00k8 Territory. Justices of the supreme court, the marshal andlibrary‘ attorney for the Territory, but no other person shall be per¬ mitted to take or detain any book from the library. Sec. 6. The governor by and with the advice and con¬ sent of the legislative council shall appoint a territorial libra¬ rian who shall cause to be kept a register of all books issued riX.itoriallibra' and returned, showing to whom they are issued, by whom they are returned, and the time they are so issued and re¬ turned; and no book, except the laws, journals and re¬ ports of the Territory, which may be taken from the library Detaining books, shall be detained more than ten days, except when taken for the use of officers and members of the legislature while it is in session, and all books taken out by officers or members of the legislature shall be returned at the close of the session. Sec. 7. If any person injure or fail to return any book taken from the library he shall forfeit and pay to the librarian for the use of the library the damage thereto including costs n •and reasonable counsel tees tor collecting the same, to be re¬ covered in an action in thp name of the Territory in any court of competent jurisdiction ; and it shall be the duty of the li¬ brarian in behalf of the Territory to commence suit for the collection of all such forfeitures and all fines. Sec. H. The librarian shall on or before the twentieth day of December in each year report to the governor the con¬ dition of the library, stating the number of volumes con- 100 LAWS OF UTAH. Librarian’s report. Annual appropri¬ ations. Appropriation for catalogue. Appropriation for eases and books. Catalogue. Labels. Dup'icate reports. Penalty. tained therein, the number of volumes purchased dur¬ ing the last year and the cost thereof, the number of vol¬ umes received by donation, the number of volumes injured or not returned, if any, and the amounts received in compen¬ sation therefor, and such suggestions and further information as may be deemed by him desirable. Sec. 9. The sum of five hundred dollars per annum is hereby appropriated and ordered paid out of the Territorial treasury, in the usual manner to be used by the board of con¬ trol of the library in the payment of the librarian for services and of rent for rooms in which to keep the library. The sum of three hundred dollars is hereby appropriated and ordered paid in the usual manner out of the territorial treasury for the preparation and printing of a catalogue of the territorial library under direction of the board of control. Sec. 10. The sum of three thousand dollars is hereby appropiated and ordered paid out of the territorial treasury, in the usual manner to be used by the board of control of the library for the purchase of cases and such new and additional volumes for the use of the library as the said board of control may consider advisable. Sec. 11. It shall be the duty of the librarian to make out a written catalogue, conveniently arranged in alphabetical order, and cause the same to be printed and distributed to the officers entitled to the use of such library, of all books, pamphlets, maps, charts, globes, papers, apparatus and valuable specimens in the library, adding thereto as the library is increased ; which catalogue shall be kept for the use of those authorized to use books. He shall also make out and place in some conspicuous place a copy of the rules and regulations of the library. Sec. 12. It shall be the duty of the librarian to cause every book in the library to be labeled with printed or stamped label containing the words “Utah Territorial Library,” and also cause the same words to be written or stamped on the thirtieth page of each volume. Sec. 13. The board of control of the library may sell or exchange any surplus or duplicate sets of reports or law books in the library and use the money arising from such sale in purchasing other law books or reports for the library. Sec. 14. If the librarian shall permit or allow any per¬ son not authorized by this act to take a book from the library he shall be liable, upon conviction thereof, to pay a fine of not less than five nor more than fifty dollars for each book so taken. All fines and forfeitures collected shall be used for the benefit of the library according to the best judgment of the board . Sec. 15. If any person not authorized by this act shall take a book from the library, either with or without the con¬ sent of the librarian, or violate any of the provisions of this Same. LAWS OF UTAH. 101 act he shall upon conviction thereof, be fined in any sum not less than ten nor more than fifty dollars for each book so taken. Sec. 16. All acts or parts of acts superseded by or in conflict with the provisions of this act, are hereby repealed. Sec. 17. This act shall take effect at twelve o’clock noon on the first day of April in the year of our Lord one thousand eight hundred and ninety. Approved March 13, 1890. CHAPTER LXVIII JURORS, WITNESSES, PHONOGRAPHIC REPORTERS AND COMMISSIONERS. AN ACT providing for the payment of Jurors, Witnesses and Phono¬ graphic Reporters and creating and defining the duties of Court Commissioners. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That from the first day of April 1890 and until the first day of April 1892, witnesses for the Territory in criminal cases and jurors in the district courts, shall be paid the sum of two dollars per dav for each days attendance at court and ten cents per mile, one way, when witnesses and • • * v ' jurors. the witness or juror can travel by rail, and twenty cents per mile one way, when the witness or juror, cannot travel by rail for the distance necessarily traveled from his place of resi¬ dence to the place of holding court, provided, that in no case shall per diem be allowed to any juror for any day when the major part thereof was devoted to the trial of cases under the laws of the United States, and, provided further, that when jurors are summoned and render service both for the Territory and the United States, one-half only of the mileage of such jurors shall be paid by this Territory. Sec. 2 The clerk of the district court shall, whenever a juror or witness for the Territory is discharged issue to him a certificate under the seal of the court, stating the name of such juror or witness, when and where he was summoned or sub¬ poenaed and the date of his discharge, the place of his resi- l'rtlfl<>ate' dence, the number of miles necessarily traveled from his place or residence to the place of holding court, and the number of days upon which the major part of the time was devoted to territorial criminal cases and, if a juror, the number of days engaged in civil cases. Sec. . The plaintiff in each civil action except equity cases, where a jury is not required and the appellant in each Plaintiff in civil civil case appealed to the district court shall respectively, be- ^“it0 fore his complaint or appeal papers are filed deposit with the clerk of said court the sum of three dollars which shall be 102 LAWS OF UTAH. Deposition of moneys. Attendance roll. Discharge of wit- nessess or jurors. Witnesses and jur¬ ors must report daily. known and designated as the jury fund, provided , that the term civil action in this section shall apply to and include all actions where a municipal corporation is a party beneficially interested; Provided, further, that in case judgment is rendered in favor of such plaintiff or appellent, said amount may be taxed as costs and collected as other costs in the action. Sec. 4. The clerk of each district court shall, on or be¬ fore the first Monday in June A. D. 1890 and quarterly there¬ after pay into the territorial treasury all sums of money de¬ posited with him under the provisions of this act, and shall at the same time furnish the auditor of public accounts a statement in writing showing the number of complaints filed and the number of appeals taken to the district court in civil cases since making his last statement to said auditor, to¬ gether with the title of each case. Sec. 5. It shall be the duty of the clerks of the several district courts to keep an attendance roll in which shall be noted the name of each witness subpoenaed for the prosecu¬ tion in territorial criminal cases, the name of each witness subpoenaed for the defendant at the expense of the Territory under order of the court; the name of each juror, when said witness or juror was subpoenaed or summoned the date of appearance, the date of discharge, each days at¬ tendance with the date thereof, his place of residence and the number of miles and how necessarily traveled by said witness or juror from the place of his residence to the place of holding court and, if a juror, the number of days upon which the major part of the time was devoted to the trial of territorial criminal or civil cases or investigation of terri¬ torial criminal cases before a grand jury as the case may be. Sec. 6. Whenever a grand juror, or witness for the Ter¬ ritory before the grand jury, is finally discharged, the foreman of said grand jury shall furnish the clerk of said court a state¬ ment under oath containing the information not a matter of record required in the preceding section relative to said juror or witness, whereupon the clerk shall issue a certificate to said witness or juror as in this act provided, and shall enter the facts not already a matter of record upon such attendance roll and carefully file and preserve the statement of said fore¬ man for reference as hereinafter provided; Provided , that in no case shall any grand juror or witness before the grand jury be required to disclose any fact to any clerk or court commis¬ sioner except matters relating to his attendance and mileage. Sec 7. Every witness subpoenaed for the Territory, and every witness subpoenaed for a defendant under order of the court at the expense of the Territory and every juror whether grand or petit shall report in person daily to the clerk his attendance at court from the time of his appearance till the date of his discharge and no per diem shall be allowed for any day upon which attendance is not so reported, except in cases of sick- LAWS OF UTAH. 103 ness, while absent from home as such juror or witness which fact must be stated under oath to the court by the juror or witness or some person on his behalf cognizant of the facts, whereupon the court may order the allowance per diem for such number of days as may be just and equitable. Said statement so made under oath as aforesaid must be filed with the clerk and preserved for reference as hereinbefore provided. Sec. 8. No witness for a defendant in a criminal case shall be subpoenaed, paid mileage or per diem by the Terri¬ tory, except upon an order of the court when said defendant isS;sfor awaiting trial for a felony or indictable misdemeanor. Said order can, only be made upon affidavit made by defendant in person showing : First — That said defendant is impecunious and unable to pay the per diem and mileage of said witness. Second — That the evidence of said witness is material for defendants defense as he is advised by his counsel and Third — That said defendant cannot safely proceed to trial when subpoena without said witness. If said facts are not successfully con- Territory8'16'1 by troverted by the district attorney or by affidavit of some per¬ son cognizant of the facts, the court may issue an order as aforesaid directing that said witness if within the Territory be subpoenaed and paid per diem and mileage by the Territory the same as witnesses for the prosecution. Sec. 9. Hereafter and until the first day of April A. D. 1892 phonographic reporters in territorial criminal cases shall receive ten ($ 1 0.00) dollars per diem for taking testimony and other proceedings of the court in said cases and fifteen reporters, cents per one hundred words for transcribing the same and shall be paid upon presentation of the certificate of the clerk of said court as hereinafter provided, 'provided , that in civil cases where the parties so request no reporter shall be engaged. Sec. 10. At the close of each term of the district court, the clerk of said court shall issue to the phonographic reporter thereof a certificate to be approved by the court showing the Beporter>s certifi_ actual number of days said reporter was engaged in taking cate- testimony and other proceedings of the court in territorial criminal cases and also the number of folios of such proceed¬ ings transcribed by said reporter, together with the amount due for the services so rendered. Sec. 11. The following named persons are hereby ap¬ pointed court commissioners, whose term of office shall expire on the fifteenth day of April A. D. 1892 to-wit: H. H. Rolapp who shall act as commissioner for the northern division of the first judicial district; John W. Turner who shall act for the A „ southern division of the first judicial district Benj. Bennett courtcommissioners for the second judicial district and Geo. D. Pyper for the third judicial district. In case of the failure or omission of said persons from any ^ause to accept said office or in case of a 104 LAWS OF UTAH. Vacanoy. Court certificates. Payment of fees. Limit of surplus. Commissioners to keep accounts. To report to legis¬ lature. vacancy by death, resignation or from any other cause, in either of said offices the clerk of the county in which the dis¬ trict court is held shall be the commissioner of said court, and qualify as such as in this act provided for the qualifications of commissioner. Sec. 12. Each of said court commissioners within thirty days after the passage of this act or the county clerk immedi¬ ately after receiving knowledge that the duties of said office have devolved upon him as in this act provided shall qualify by subscribing to the oath of office and filing a bond in the penal sum of ten thousand dollars, with at least two sufficient sureties, with the territorial auditor of public accounts which bond must be approved by him. Sec. 13. It shall be the duty of each of said commis¬ sioners to examine all court certificates under the provisions of this act presented to him and compare them with the records of the court. He shall have access to all records, papers and statements except indictments or other proceedings before the grand jury touching upon service rendered by jurors, wit nesses and phonographic reporters, and may administer oaths or affirmations to the holder of any such certificate, or the person to whom it was issued and examine him regarding the service performed, miles traveled etc. If the commissioner is satisfied that the service lias been performed and the certifi¬ cates are correct, he shall allow the amount claimed, and if incorrect shall increase or decrease the sum to the correct amount. Sec. 14. Said commissioners are authorized to draw upon the auditor of public accounts for sufficient amount to pay said jurors, witnesses and phonographic reporters upon pre¬ sentation of said certificates when audited and corrected as herein provided. Provided : that neither of said commissioners shall at any time have on hand more than five thousand dollars for the purposes herein mentioned. Sec. 15. They shall keep an accurate account of all moneys drawn by them to whom and when paid and the cause of disbursement, and they shall disburse no money except upon the presentation of said court certificates, and when payment is made thereupon said certificate shall be taken up, cancelled, registered and filed, together with a state¬ ment of account, annually with the auditor of public accounts, who shall audit the same and certify to the correctness there¬ of, and receipt to such commissioner for the same. Sec. 16. During the first ten days of the session of the next legislative assembly, said commissioners shall transmit to said assembly reports of their proceedings under this act. For their services under this act, the said commissioners in the northern division of the first and in the second judicial districts shall each receive a compensation of three hundred dollars per annum, and the said commissioner in the southern division LAWS OF UTAH. 105 of the first judicial district shall receive a compensation of four hundred and fifty dollars per annum, and the commis- . . , ( , Compensation. sioner in the third judicial district shall receive a compensa- of six hundred dollars per annum to be paid by the territorial treasurer upon the warrant of the auditor of public accounts, out of the amount appropriated and set apart in the next section. Sec. 17. The territorial treasurer for the purpose of carry¬ ing out the provisions of this act, is hereby required to set apart and reserve in a separate fund to be known as the fund Fund for paymei for the payment of jurors, witnesses and phonographic re- offees,ete- porters; all moneys appropriated for said purpose, to be paid out only upon the auditor’s warrant in favor of said court com¬ missioners for the purposes and in the manner provided in this act. Provided, the treasurer shall not retain in said fund Umitof surplus. more than one-half of the money appropriated for jurors, wit¬ nesses and phonographic reporters at any one time. Sec. 18. Every witness, juror, phonographic reporter, or other person, to whom an oath has been administered under Perjury‘ the provisions of this act, who shall state as a fact any matter which he knows to be untrue shall be guilty of perjury. Sec. 19. Every clerk of the district court who shall certify as a fact any matter which he knows to be untrue whereby any witness, juror, or phonographic reporter shall be making untrue allowed a greater sum than he would otherwise be entitled to° ri °ae' under the provisions of this act, shall be guilty of a misde¬ meanor. Sec. 20 Every court commissioner who shall audit any court certificate provided for in this act, and wilfully allows a greater or less amount thereon than should be allowed Penalty for mis- 1 ,i * , ill! • i ■ • , conduct of com- under this act, or who shall require any grand juror or witness missioner. before the grand jury to state any fact other than such as relate to the attendance and mileage of such juror or wit¬ ness shall be guilty of a misdemeanor. Sec. 21. No person connected officially with either of the district courts of this Territory nor any public officer shall be interested either directly or indirectly, by purchase or Oourtoffloerg otherwise, in any certificate issued for the services of jurors or witnesses under this act, and any person violating the pro¬ visions of this section is guilty of a misdemeanor. Sec. *22. This act shall take effect on the first day of April, one thousand eight hundred and ninety. Approved March 13, 1890. 15 106 LAWS OF UTAH. CHAPTER LXIX. RELIEF OF CITIES AND TOWNS ON PUBLIC LANDS. AN ACT supplementary to, and amendatory of, ‘An Act prescribing rules and regulations, for the execution of the trust arising under ‘An act of Congress entitled “An Act for the relief of the inhabitants of cities and towns upon the public lands, approved March 2nd, 1867” approved February 17, 1869 and the amendments thereto.’ Section 1. Be it enacted by the Governor and Legislative Assembly of the 'territory oj Utah : That all deeds and convey - validating deeds ances heretofore executed by any city in this Territory in its i.sued by cities, corporate name, of lands held in trust by the mayor, are hereby validated and confirmed, and shall have the same effect and operation as though executed by the mayor. Sec. 2. All deeds heretofore made and executed by the mayors of cities and probate judges of counties in this Territory, which have been acknowledged before and certi- fied by city recorders and county clerks in this Territory, mayor s deeds. shall have the same force and effect, and the record thereof shall impart notice to the same extent as though the acknowl¬ edgment had been made, taken and certified, as required by the law in force at the time of such execution and acknowl¬ edgment. Sec. 3. This act shall take effect from and after its approval. Approved March 13, 1890. CHAPTER LXX. LOAN, TRUST AND GUARANTY ASSOCIATIONS. AN ACT to provide for the incorporation and management of Loan, Trust and Guaranty Associations. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That loan, trust or guaranty associations which may heretofore have been incorporated, or which may hereafter be incorporated under the provisions of this act for the insurance of owners of real estate from loss by powers and rights, reason of defective titles, liens and incumbrances or for other purposes shall have the power and right, insurance. First —To make insurances of every kind pertaining to or connected with titles to real estate Second - To act as assignees, agents, receivers, guardians Guardians re estates of minors and incompetent persons, executors, eeivers, etc. administrators, and to execute trusts of every description not inconsistent with the laws of this Territory or of the United States. LAWS OF UTAH. 107 Third — To become sole security in any case whereby law Security. one or more sureties may be required for the faithful perform¬ ance of any trust, office, duty, action or engagement. Fourth — To sell and mortgage real estate or personal property and to loan money on real estate security or other- Loan money, wise. But such corporation shall not have power to enter into the buying and selling of real estate as a business. Fifth — To receive deposits of money and to pay anDep°sit«- agreed rate of interest on the same. Sixth— To act as security for the faithful performance of any contract entered into with any person or municipal or ®eac“”ty on con other corporation, or with any state or government, by any person or persons, corporation or corporations. Seventh — To become sole security for the faithful perform¬ ance of the duties of any national, state, territorial, county official bonds, or municipal officer, or of any clerk or employee of any cor¬ poration, firm or individual, and to execute such bonds or recognizances as may be required by law in such cases. Eighth — To become security upon any writ of error or appeal or in any proceeding instituted in any court of this security in court. Territory in which security may be required ; Provided, how¬ ever, that nothing in this act shall be so construed as to dis¬ pense with the approval of such body, corporation, court or officer as is by law now required to approve such security: * Provided however, that before exercising any of the powers mentioned in this section, each such corporation shall have paid up of its capital not less than one hundred thousand dollars, if transacting business in cities of the first class, and not less than twenty-five thousand dollars if trans¬ acting business in cities of the second or third class, which amount of its capital shall be paid up in money and not by the transfer of any other property, and such amount of capital Paid up caPital- shall, by such corporations be kept in money on hand or on deposit in banks or invested in first mortgages on real estate situated in Utah Territory, the amount invested in any mort¬ gage not to exceed fifty per cent of the value of the land so mortgaged or in bonds of first or second class cities of this Territoiy, or in bonds of Utah Territory, or of the United States. Sec. 2. Every corporation referred to in Section 1 of this act shall make and publish in some newspaper of general cir¬ culation in the county in which its principal place of busi¬ ness in this Territory is situated, a statement of its resources statement of and liabilities at least twice m each year, at such times as the examiner hereinafter provided for shall call upon it for the same ; provided, that said examiner shall call for said state¬ ments as of a date at least five days previous to the date upon which said call is issued. Sec 3. The secretary of the Territory shall be examiner of such corporations and he shall not less than once in each 108 I.AWS OH UTAH. Examination of affairs. Compensation. Refusal to allow examination. Notice to discon¬ tinue business. Receiver. Counsel fees. Securities. year and oftener if he shall deem necessary or proper, either in person or by agent duly appointed by him, make a thorough examination into all the affairs of any such cor¬ poration, and in so doing, may examine any of the officers and agents thereof or other persons on oath, and shall make a full and detailed report in writing of the condition of the cor¬ poration which shall be filed in the office of said examiner, and which shall be open for the inspection of all persons do¬ ing business with such corporation. Such examiner or his agent shall receive for his services, the sum of ten dollars per da}^ and two dollars for every twenty-five miles he shall neces¬ sarily travel in the performance of his duty, which shall be paid by the corporation by him examined. No person shall be appointed to be such agent for said examiner to examine the affairs of any corporation of which such agent is a director, officer, stockholder or employee. Sec. 4. If on such examination the said examiner deter¬ mines that the provisions of Section 1. of this act have not been complied with or if any such corporation refuse to per¬ mit such examination, then he shall in writing notify such corporation to discontinue business. And after such failure to comply with the provisions of Section 1. or refusal to permit such examination and after receiving the notice aforesaid it« shall be unlawful for such corporation to continue busi¬ ness, and upon the application of„the said examiner and at the cost of such corporation, the district court of any judicial district in which such corporation transacts business may appoint a receiver for the same and may proceed to dis¬ solve said corporation and distribute its assets to those entitled thereto. Any such receiver so appointed shall be invested with all of the powers and authority, both original and dele¬ gated, of such corporation for the purpose of winding up its affairs and completing its trusts. Sec. 5. On any application made under the provisions of the last preceding section to any court having jurisdiction to dissolve any such corporation, reasonable counsel fees in such proceeding shall be allowed to said examiner to be paid by the corporation or out of its assets. Sec. 6. Whenever any such company shall receive and accept the office or appointment of assignee, receiver, guardian, executor, administrator, or to be directed to execute any trust whatever, the capital of the said company shall be taken and considered as security required by law for the faithful per¬ formance of the duties as aforesaid and shall be absolutely liable in case of any default whatever, and no bond shall be required of it for the faithful performance of such trust. Sec. 7. When any such corporation is appointed as executor, administrator, guardian or receiver or acts as a surety any oath or affidavit now required by law to betaken on such LAWS OF UTAH. 109 appointment or when so acting, may be taken by any officer of such corporation in its behalf. Sec. 8. The powers confered by this act, shall apply to all corporations now existing or hereafter to be incorporated for Appllcatlon of act- the purpose of ensuring titles or of doing business as a loan, trust, or guaranty association. Approved March 13, 1>90. CHAPTER LXXI. PROBATE COURTS. AN ACT authorizing Probate Courts to grant orders in certain cases without publication of notice other than by posting. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That any probate court of this Territory is hereby authorized to grant orders admitting wills to probate, orders settling and allowing annual, and final accounts of executors or administrators and orders of distibu- tion and partition of estates of decedents without giving any notice of the hearing thereof by publication or otherwise than orders without pub- as herein provided, whenever it shall appear on the hearing llcatlon' of the application for such order that all the heirs devisees and legatees or their legal representatives and all parties who appear from the records or files of the court to have any interest in said estate shall consent thereto in writing signed by each of them and verified by one or more of the signers provided that notice of the hearing of the application for such order shall be given by the clerk of said court by filing the same in proviso, writing in the office of said clerk and by posting a copy thereof for a period of ten days prior to said hearing in some conspicuous place at the courthouse where said court is usually held. Sec. 2. The notice provided for in the preceding section in the cases and under the conditions therein named, shall beNotice. sufficient in all such cases unless the probate judge shall otherwise order in which case said notice shall be given as provided by law. Sec. 3. All laws in conflict with this act are hereby re¬ pealed. Sec. 4. This act shall take effect upon its approval. Approved March 13, 1890. 110 LAWS OF UTAH. CHAPTER LXXII. SCHOOLS. ARTICLE. I. Territorial commissioner. II. County superintendents. III. Examinations and certificates. IV. School districts. V. Election of school trustees. VI. Powers and duties of school trustees VII. Vacancies. VIII. Duties of teachers. AN ACT to provide for a uniform system of Free Schools throughout Utah Territory. ARTICLE. IX. Text books. X. School fund! XI. Territorial and county school tax. XII. Special school tax. XIII. Miscellaneous. XIV. Bonds. XV. Schools in cities. Section 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah : Akticle I. Salary of territorial commissioner. Administration. Apportionment. Abstract. Certificate. Blanks, etc. Cost. Vouchers. Warrant. Shall vii-it each county. That the commissioner of schools within and for this Terri¬ tory shall receive an annual salary of fifteen hundred dollars, and his necessary expenses when traveling on official business, to an amount not exceeding five hundred dollars per annum. Sec. 2. The commissioner shall be charged with the admin¬ istration of the system of public instruction and a general super¬ intendence of the business relating to district schools of the Territory, and of the school revenues set apart and appropriated for their support. He shall apportion to the several counties, on or before the thirty-first day of December of each year, the amount of money to which each county is entitled, under the provisions of this act, according to the number of persons between the ages of six and eighteen years, residing in such county, as shown by the last school census lists of the several counties and furnish to each county treasurer and county superintendent an abstract of such apportionment. He shall also certify such apportionment to the territorial auditor, and, upon receiving such certificate the auditor shall forthwith draw his warrant on the territorial treasurer in favor of the county treasurer of each county for the amount due said county. Sec 3. He shall prepare and transmit to the proper officers suitable forms and regulations for making all reports, and the necessary blanks therefor, school registers, and all necessary instructions for the organization and government of district schools, and conducting all necessary proceedings under this act. The cost of such blank forms, and school registers shall be paid out of the territorial school fund, and the vouchers therefor shall be certified to by the commissioner, and filed with the territorial auditor, who shall draw his warrant on the territorial treasurer in favor of the person to whom said amount is due. He shall visit each county in the Territory at least once in each year, and may examine the auditor’s books and records relative to school LAWS OF UTAH. Ill revenues. He shall meet with such school officers as may attend his appointment, advising with the teachers, and lecturing to with institutes and public assemblies upon topics calculated to pro¬ mote the interests of education. Sec. 4. He shall advise with the county superintendents to ^ upon all matters involving the welfare of the schools. He shall, ■uperinten- when requested by superintendents or school officers, give them written answers to all questions concerning the school law. On the recommendation of the examining board of any county the territorial commissioner of schools may issue to Territr>rial certifi. duly qualified teachers, of not less than five years experience, cat,s' territorial certificates valid for five years, and such certificate shall be good in any county of this Territory. Sec. 5. During the first week of the regular session of the Legislature said commissioner shall present to the Governor and Bienmal report- Legislative . ssembly a biennial report of his administration of the system of public instruction. He shall cause one thou¬ sand copies of his report and the laws relating to schools, to be ,lfeei’°rfutaendd laws t0 printed in pamphlet form and distribute them to all school officers and schools. For the expenses of printing as provided for in this section, a biennial appropriation of four hundred dollars, orso much Appropriation, thereof as may be necessary, is hereby ordered to be paid out of the territorial treasury as in other cases. The commissioner in his report shall furnish a brief exhibit: K First. Of his labors, the results of his experience and observations as to the operation of said system, and suggestions as to the remedy for imperfections. Second. Of the amount of the school revenue and its general condition as to sufficiency or insufficiencv. Third. Of such plans as he may have matured for the better organization of the scnools, and for the increase and economical expenditure of the revenue for tuition. Fourth. A comparison of the results of the two years then closing, with those of the years preceding, indicating the progress of public instruction ; and as far as can be ascertained, the num¬ ber and condition of private schools, academies and colleges in the Territory. Fifth. A full statement of the condition and amount of all funds and property appropriated for the purposes of education ; the number and grade of schools in each county, the number of children in each county between the ages of six and eighteen years, the number of such attending district schools, the average number of children that have attended district schools during the two school years previous to July first of that year the number that can read and write the amount of school money raised by county taxation or otherwise, the amount expended for salaries of teachers, and for building schoolhouses. Sec. 6. He shall append to his report such information relative to the system of public instruction — the schools, their Additional exhibit, annual revenues, etc., as may be of interest to the Territory. He 112 LAWS OF UTAH. Expense account. Duty of auditor. Affidavit showing oounties visited. Penalty. Expiration of tern Election of county superintendents. Oath and bond. Commission. Who not entitled vote. Powers. Boundaries of school districts. shall include in his report statistical tables compiled from in¬ formation transmitted to his office with summaries, averages and totals appended thereto, also a statement of the annual collec¬ tions of school revenue, and his apportionment thereof ; and when he deems it of sufficient interest, he shall append extracts from the correspondence of school officers, showing either the salutary or defective operation of the system He shall furnish the United States comissioner of education at Washington such information as that officer may require. Sec 7. At the end of every three months, he shall file with the territorial auditor an itemized account of his expenses, verified by his oath. The auditor shall examine the same, and, if the account is correct, he shall issue an order on the territorial treasurer for the amount due on such account, and for one-fourth of the commissioners annual salary; Provided, at the last quarterly report of each year, he shall, before receiving his salary, file with the auditor his affidavit showing what counties he has visited according to the provisions of this act. Fifty dollars shall be deducted and witheld from his salary for each county not so visited. At the expiration of his term of office he shall deliver to his successor all books, records, documents, maps, reports papers, and other articles pertaining to his office. Article II. — County Superintendents. Sec. 8. At the general election for the year 1891, and biennially thereafter, there shall be elected for each county in this Territory, a county superintendent of district schools, who shall be a registered voter therein and whose term of office shall be two years and until his successor is elected and qualified; before entering upon the duties of his office, the superintendent shall qualify by taking and subscribing an oath of office and giving a bond, for the faithful discharge of his duties, in the penal sum of one thousand dollars, with sureties to be approved by the pro¬ bate judge of the county, which oath and bond shall be filed with the clerk of the county court, and the said superintendent shall be commissioned by the Governor provided, that voters residing within the limits of school districts provided for in Article XV of 1 this act, shall not be permitted to vote for the election of county s uperintendents . Sec. 9. The county superintendent shall have the general superintendence of all district schools in his county, except the district schools provided for in Article XY of this act. Sec. 10. It shall be the duty of every county superintend¬ ent to ascertain whether the boundaries of the school districts in his county are definitely and plainly described in the records of the county court, and to keep in his office a full and correct transcript of such boundaries. In case the boundaries of districts are conflicting or incorrectly described, he shall immediately report the fact to the county court, who shall change said boundaries so as to make them harmonize. LAWS OF UTAH. 113 Sec. 11. He shall visit every district school under his super¬ vision within the county at least twice in each school year, and O ■ O • • , TT 1 11 - To visit district oitener, it necessary to increase its usefulness. He shall at suchschools- visits carefully observe the condition of the school, the mental and moral instructions given, the methods employed by the teacher, and the progress of the pupils. He shall advise and direct the teachers in regard to the instruction, classification, government and discipline of the school and the course of study. He shall keep a record of such visits and by memoranda indicate his judgment of the teachers’ ability to teach and govern, and Recordofvisits. the condition and progress of the school, which information shall be used for or against teachers at the time of their examination for certificates. Sec. 12. He shall keep a record of all his official acts, pre¬ serve all books, maps, charts, and apparatus, belonging to hisDutiea office, file all reports and statements from teachers and school trustees and deliver them to his successor in office. Sec. 13. The county superintendent may arrange for meet¬ ings with school officers at designated times and places, due notice of which shall be given, for the purpose of inspecting the district Meetings- records, insuring their accuracy and instructing in the manner of keeping the same and of preparing the reports of district officers. Sec. 14. He shall decide all controversies, pertaining to discipline, arising in the administration of the school law in his Controversi^- county or appealed to him from the decision of school trustees. Sec. 15. The county superintendent shall have power to ad¬ minister oaths of office to all subordinate school officers, and Oaths of office, witnesses, and examine them under oath, in cases that may come before him for investigation, but he shall not receive pay for ad¬ ministering such oaths. Sec. 16. He shall see that the pupils are instructed in the several branches of study, required by law to be taught in the schools, as far as they are qualified to pursue them. If any teacher neglect or refuse to give instruction on any subject re- Instructlon- quired by law the county superintendent shall promptly report the fact to the county board of examiners who after due examina¬ tion and inquiry may revoke such teacher’s certificate and cause him to be discharged. Sec. 17. On or before the first day of August in each year he shall make and transmit to the territorial commissioner an annual report containing such statistics as may be required by this act; such report shall be made upon and conform to the Annual report, blanks furnished by said commissioner for that purpose. He shall not receive any compensation for the last quarter in his official year until he presents to the county court the territorial commissioner’s receipt for such report. Sec. 18. The county superintendent shall be paid four dollars per day for each day's service rendered, and five cents a mile for the distance actually and necessarily traveled by him in 114 LAWS OF UTAH. the discharge of his official duties. At the end of each three months, he shall make and present to the county court an itemized statement, verified by him, showing the number of days actually and necessarily spent in the discharge of his official duties, and the distance so traveled; which statement shall be audited and if found correct, said court shall order the same paid out of the county school fund. Sec. 19. The county superintendent may appoint a deputy, who shall be a registered voter and for whose official acts and compensation he shall be responsible. Sec. 20. The county superintendent shall annually hold a teachers' institute for the instruction of teachers, and those who Teacher’s institute. , . , , , i • , -i desire to teach, and procure such assistance as may be necessary to conduct the same. Said institute shall be held at such times as the district schools in the county are generally closed, and it shall be the duty of the county superintendent to see that all teachers in his county are notified of the time and place of hold¬ ing the same; such institute, shall hold a session of not less than Expenses. two nor more than five days . The actual expense of holding the institute, which shall not exceed fifty dollars in any one year, shall be paid out of the county school fund, upon the warrant of the county superintendent, accompanied with vouchers showing to whom and for what purposes the money was paid. Union union institutes, institutes may be held by two or more counties, with an additional expense of not more than fifty dollars for each additional county represented, the whole expense thereof to be divided equally among the counties so represented. Article III. — Examinations and Certificates. Compensation. Deputy superin¬ tendent. Board of examiners. Compensation. Teachers’ examina¬ tion , Requirements. Sec. 21. The county board of examiners shall consist of the county superintendent, who shall be the chairman, and two competent persons, registered voters resident in such county, who shall be appointed by the county court, for a term of two years. The county court shall determine the compensation of the two examiners thus appointed and shall have power to remove them or either of them for misconduct or inability, and to fill any vacancies occurring in the office of either of the said two ap¬ pointees. Sec. 22. The county board of examiners shall hold teachers' examinations during each year, at such times as the chairman may direct. If from the percentage of correct answers required by the rules, and other evidences disclosed by the examination, in¬ cluding particularly the superintendent's knowledge and informa¬ tion of the candidate's experience as a teacher, the applicant is found to be a person of good moral character, and to possess such knowledge and understanding, together with aptness to teach and govern as will enable the applicant to teach in district schools of the Territory the various branches required by law, said board of examiners shall grant to such applicant a certificate of quali¬ fication. LAWS OF UTAH. 115 Sec. 23. Certificates of qualification shall be of three grades: The first grade territorial certificates which may be issued by the Grades of certra- commissioner of schools on the recommendation of county ex¬ aminers for a term of five years, the second grade for a term of two years, the third grade for a term of one year, according to the ratio of correct answers to questions asked of each ap¬ plicant and other evidences of qualification appearing from the examination. No certificate shall be granted unless the applicant be found proficient in and qualified to teach the following branches of a common English education, viz.: Reading, writing, spelling, English grammar, geography, United States history, arithmetic, physiology and hygiene; and for a first grade certifi- qS.esre' cate a candidate must pass in addition to the foregoing a satis¬ factory examination in civil government, physical geography, elements of natural philosophy, elementary algebra, and book¬ keeping. The percentage required to pass any branch shall be prescribed by the board of examiners. In addition to these regular. *■ -| n " i • n i .1 ® Temporary certifl- grades ot certificates the county upermtendent may grant tern- cates- porary certificates valid until the next regular meeting of said board. Sec. 24. No certificate or permission to teach shall be issued to any person under eighteen years of age; and no second To whom not issued grade certificate shall be issued to any person who is under twenty-one years of age, and who has not taught successfully ten school months. The certificates issued by a county board shall be valid only in the county where issued:" Provided, That wherevalii°taxunty school tax sufficient .to raise the amount reported by the county superintendent and as much as may be necessary to comply with the provisions of Section 2008 of the Compiled Laws of Utah of 1888, as amended in the year 1890. Said tax shall be collected, and paid into the treasury of the county to the credit of the county school fund. Sec. 82. The county treasurer shall receive and hold as a special school fund, subject to the orders of the county superintendent, all district school moneys from whatever source received, and keep a separate account thereof, and when the same is apportioned to the school districts, shall open and keep a separate account with each dis¬ trict. He shall on or before the first day of August in each year, make a report to the territorial commissioner, showing: First. The amount of moneys on hand at the commencement of County treasurer’s the School year. report to commis- ^ ^ sioner- Second. The amount of moneys received from the territorial school fund. Third. The amount received from the county school tax. Fourth. The amount received from other sources. Fifth. The total expenditures for school purposes. Sixth. The balance on hand at the end of the school year. The county treasurer shall receive such compensation out of the county sch doI fund as the county court may determine, for services rendered by him in pursuance of this act. Compensation. Article XII. — Special School Tax. Levy. Assessor and collector. Bond. Compensation. Computation. Returns. Notice. Equalization. Sec. 83. When it is necessary to raise funds to purchase a school site or improve the same, or to purchase, build, rent, repair or furnish school houses, a tax shall be levied in any sum not to exceed one per centum of all taxable property in the district at a meeting called for that purpose. The county assessors and collectors of the several counties of the Territory are hereby constituted the assessors and collectors of all district school taxes. Each shall give a bond in such sum as shall be determined by the county court, conditioned for the faithful performance of the duties enjoined upon him by the pro¬ visions of this act, and the compensation for assessing or collecting said taxes shall not exceed fifty per cent, of the rate allowed for assessing and collecting county taxes, but where the county assessor or collector receives a stated salary, then no charge shall be made for assessing or collecting such taxes. Sec. 84. All school taxes levied by a special meeting called for that purpose, shall be computed from the valuations of the county assessment roll, and shall be levied on or before the 31st day of De¬ cember of any year, and within ten days after any such levy the school board shall make certified returns of the per cent, of the taxes so levied to the county clerk and the county assessor. The county assessor shall assess for such special tax, at the time and in the manner provided by law for assessing for territorial and county taxes, and shall give to the district school taxpayers similar notices to those which are required by law to be given to taxpayers of territorial and county taxes. Sec. 85. At the time of computing the county and Territorial tax, the county clerk shall compute the district school taxes which have been levied. The county court shall sit as a board of equaliza- LAWS OF UTAH. 125 tion of district school taxes and shall equalize the same at the time and in the manner provided by law for equalizing territorial and county taxes. Sec. 86. All school taxes levied and assessed under the provisions uen. of this act shall attach to and become a lien on the real property assessed Irom and after the 31st day of August and on the personal property from the time of assessment. chool taxes shall become due and delinquent Delinquent, at the same time and be collected by the same officers and in the same manner as territorial and county taxes. Article XIII. — Miscellaneous. Sec. 87. No school officer or teacher in any district school in this Territory shall act as agent for any author, publisher, bookseller or other person to introduce any book, apparatus, furniture or any wh0 prohibited other article whatever in any district school of this Territory, or |sgents. directly or indirectly receive any gift or reward for so introducing or recommending the same, and any officer or teacher violating the provisions of this section, shall be guilty of a misdemeanor. Sec. 88. Every district school shall be open for the admission, free of charge, of all children over six and under eighteen years of age, living in the district. Adults may be admitted to any district Tuition- school, in the discretion of the board of trustees, at such rate of tuition as the trustees may prescribe. Sec. 89. The district school boards shall not allow any pupil to attend the district schools, while any member of the household to contagious diseases which such pupil belongs is sick of any infectious or contagious dis¬ ease, or during a period of two weeks after the death, recovery or re¬ moval of such sick person. Article XIV. — Bonds. Sec. 90. Whenever a duly organized school district in any county in this Territory, at any regular or special meeting called and held for that purpose, shall determine by a majority vote to issue Issuing bonds, school district bonds for the purpose of building and furnishing a schoolhouse, purchasing grounds on which to locate the same; or to fund any outside indebtedness, the trustees may issue such bonds in accordance with the provisions of this act. Sec. 9 1 . Before the question of issuing bonds shall be submitted to vote in any school district, the trustees shall call a meeting of the voters of such district as defined in Section 37 of this act by notices to be posted in at least five public and conspicuous places in said district, not less than twenty days before such meeting. Said notices to vote bonds, shall state the time and place of the meeting, the amount of bonds proposed to be issued and for what purpose, and the time in which they shall be made payable; the voting at such meeting shall be by ballot; all ballots deposited in favor of issuing bonds, shall have thereon the words ‘‘bonds, yes,” and those opposed thereto shall have thereon °te the words “bonds, no;” if a majority of the votes cast shall be in favor of issuing bonds, the trustees shall forthwith proceed to issue bonds in accordance with the vote; but if less than a majority of the votes cast are in favor of issuing bonds, there shall be no further action on the question for one year thereafter; Provided , however, that the question of issuing bonds shall not be submitted to a vote of 126 LAWS OF UTAH. Bonds. Limit. Redemption. Filing papers. Statement. Form of bond. Form of certificate. Signature. the taxpayers of any district, and no meeting shall be called for that purpose until the trustees are petitioned in writing so to do by one- third of the said taxpayers resident in said school district. Sec. 92. The denomination of the bonds which may be issued under the provisions of this act, shall be fifty dollars or some multiple of fifty, not exceeding one thousand dollars, and shall bear interest at the rate of not exceeding six per cent, per annum, payable annually in accordance with interest coupons which shall be attached to said bonds. And no greater amount than three thousand dollars can be issued for any one schoolhouse, except in districts of more than five hundred inhabitants, and in such district the amount shall not ex¬ ceed two per centum of its assessed valuation, and such bonds shall be made payable not more than twenty years from their date. The trustees may reserve the right to redeem such bonds or any of them at any time after five years from their issue. Sec. 93. Whenever any school district has voted to issue bonds, the trustees of such district shall immediately file with the clerk of the county court of the county in which such school district is situated, a certified copy of the order of the trustees, and certified copies of the notices posted calling such meeting, together with an affidavit, showing when and where said notices were posted, and that they were posted as required by law, and the order of the trustees. The trustees shall also file with the said clerk a statement showing the number of in¬ habitants and value of taxable property in the district, and that the amount of bonds proposed to be issued does not exceed two per- centum of the value of taxable property in the district, which state¬ ment shall be subscribed and sworn to by the trustees. The said statement shall also bear the endorsement of the county superintendent of district schools that the meeting was lawfully called and held and the voting of the taxpayers, the canvass of votes cast and all matters in relation to the proposed issue of bonds in said school district were lawfully Conducted, and that such bonds may be lawfully issued. Whenever any bonds are issued under the provisions of this act, they shall be lithographed or printed on bond paper, and shall state upon their face, the date of their issue, the amount of the bond, to whom and for what purpose issued, also the time and place of pay¬ ment and the rate of interest to be paid. They shall have printed upon the margin the words “authorized by act of the governor and legislative assembly of the Territory of Utah, A. D. 1890,” and upon the back of the bonds shall be printed a certificate signed by the county clerk in substantially the following form: “I certify that the within bond is issued in accordance with law, and is within the debt limits permitted by the statutes of the Territory of Utah, and in accordance with a vote of the taxpayers of - school district of - county, Territory of Utah, at a regular (or special) meeting held on the - day of - A. D. - , to issue bonds to the amount of - dollars.” They shall be signed by the chairman and clerk of the school district, and shall he registered and numbered in a book to be kept by the clerk for that purpose, in which shall be entered the number, date, denomination, name of the person to whom issued, and the date when the same shall become due; Provided , that bonds issued under the provisions of Article XV of this act shall be signed by the president and clerk and countersigned by the treasurer of the board of edu¬ cation. LAWS OF UTAH. 127 Sec. 94. In addition to the amount that may already be levied under the provisions of this act, there shall be levied by the trustees annually in the month of December on the taxable property of the school district so issuing bonds, and assessed and collected as other taxes are assessed and collected, a sum sufficient, not exceeding two and a half mills on the dollar of the assessed valuation of said dis¬ trict, to pay the interest upon such bonded indebtedness, and after five years in like manner a further tax not to exceed two mills upon the dollar shall be levied by the trustees of such district, in the month of December, for a sinking fund, to be used in payment of such bonds when they become due, and for no other purpose; except when¬ ever there may be sufficient funds on hand, the trustees may, in their discretion, purchase any of its outstanding bonds at the lowest market price, and pay for the same out of the sinking fund; Provided, such price does not exceed the par value of such bonds. Sec. 95. Whenever any bonds are issued under the provisions of this act the trustees shall have authority to negotiate and sell such bonds for not less than their par value. And the proceeds shall be used ex¬ clusively for the purposes for which they were issued. Sec- 96. Bonds issued under the provisions of this act shall be a lien upon the taxable property in the school district issuing them, and when any trustees neglect or refuse to levy a tax in accordance with law to meet outstanding bonds or the interest thereon, the county court shall levy such tax, and when collected apply it to the payment of such bonds and the interest due thereon. Levy to pay interest Sinking fund. Sale of bonds. Lien. Retusal to lew tax. Sec. 97. Whenever any of the bonds of a school district shall have been redeemed or purchased by the trustees, they shall be cancelled by writing or printing in red ink across each bond and coupon, the words “paid and cancelled,” and the date of payment and amount paid, shall be entered in fhe clerk’s register against the number of the bond, and thereafter no interest shall be paid on account of cancellation, the bond so cancelled, and the bonds and coupons so cancelled shall be filed in the office of the clerk of the district, until all the outstanding- bonds and coupons of any one series are paid, when all such bonds and coupons shall be destroyed in the presence of a quorum of the board of trustees, and such fact shall be entered upon the records of the board. Sec. 98. Whenever any schoolhouse is to be built, the trustees shall advertise for at least thirty days in some newspaper printed in the county, or if no newspaper is printed in the county, by posting notices for the same length of time in five conspicuous and public places in the county, for sealed proposals for building such schoolhouse Notice forbids to in accordance with plans and specifications which shall be furnished bulld schoolhou,,e- by the trustees, stating in such advertisement or notice the place where, the day and hour when all proposals will be opened, and reserv¬ ing the right to reject any and all proposals. At the time and place specified in said notice the trustees shall meet and publicly open and read all the proposals which have been received, and shall award the contract to the lowest responsible bidder, and shall require of such contractor a bond in double the amount of the contract, conditioned Awarding of con- that he will properly perform the conditions of the contract in a faith¬ ful manner and in accordance with its provisions; in case none of the proposals is satisfactory all shall be rejected, and said trustees 128 LAWS OF UTAH. Where applicable. Cities of first and second class. Board of education. Election of trustees Judges of electicm. shall advertise anew in the same manner as before and until a satis¬ factory proposal shall be submitted. Sec. 99. The provisions of this act shall be applicable to and shall authorize the issue of bonds by such school districts as have already built schoolhouses and the taxpayers of any such school dis¬ trict may vote to bond the indebtedness incurred by reason of build¬ ing and furnishing a schoolhouse or purchasing a site for the same, and bonds therefor may be issued in the same manner as herein pro¬ vided for building and furnishing schoolhouses. Article XV. — Schools in Cities. Sec. 100. All cities of the first and second classes shall be governed by the provisions of this article. Each city subject to the provisions of this article and all terri¬ tory which shall hereafter be added thereto, shall constitute one school district, and district schools therein shall be free to all residents of said district between the ages of six and eighteen years. All district schools in said district shall be under the direction and control of the board of education. Sec. 101. The board of education in each city of the first class shall consist of the mayor and two trustees to be elected by and from each municipal ward; in cities of the second class it shall consist of the mayor and one trustee to be elected by and from each municipal ward of the city. Such trustees shall be and remain during their term of office resident registered voters of the ward from which they are elected. Said boards of education .may hold their meetings at the city halls of their respective cities. Every registered voter who has been a resident of the school district for thirty days immediately preceding the day of election for trustees, shall be entitled to vote at such election. On the second Monday in July next after the approval of this act. and biennially thereafter there shall be elected by and from each municipal ward in all cities of the second class one school trustee, whose term of office shall be two years, and until his successor is elected and qualified; and at such time each municipal ward of cities of the tii st class shall elect two trustees, one for the term of one year, and one for the term of two years, each of whom shall hold his office until his successor is elected and qualified; and annually thereafter in cities of the first class one trustee shall be elected by and from each municipal ward for the term of two years, and until his successor is elected and qualified. Sec. 102. Fifteen days before any election for school trustees for levying taxes, for voting on the issuance of bonds or for any other purpose named in this article, the city councils of the several cities shaL appoint from each municipal ward three judges of such election. Each of said judges shall be a registered voter in the ward in which such election is to be held. The judges of election so appointed shall appoint one of their number to act as clerk who shall keep a full record of the election, including a list of the persons who vote, to be certi¬ fied by the judges of election. The said judges shall conduct said election according to the provisions of this article and shall issue to each of the trustees who shall be elected a certificate of his elec¬ tion. Before entering upon the duties of their office each judge of election shall take and subscribe the oath of office prescribed by law. LAWS OF UTAH. 129 Notice of the time and place of holding said elections and the time during which the polls will remain open, which shall not be less than eight hours, shall be given by the mayor or the person acting as mayor, of said city, for six consecutive days, and within ten days previous thereto, by publishing such notice in a newspaper published in said city or by posting said notice in ten public con¬ spicuous places in said city for not less than ten days previous to said election. The said election shall be held in the municipal wards at the time and place designated in said notice. The voting shall be by ballot and the votes shall be counted in open meeting. Sec. 103. All elections for school trustees, for levying taxes, for voting on the issuance of bonds, or for any other purpose, shall be held in the several municipal wards of the cities and at all such elections the judges of election shall register the name of each voter at the time his vote is cast, and shall immediately file such register with the clerk of the board of education. Such register shall be a public record and subject to inspection by any person. All elections shall be con¬ ducted and the qualifications of voters under this article shall be the same as required in Article V of this act when voting on similar questions, except that the judges of election shall be appointed by the city councils as provided in Section 102 of this act. Sec. 104. The board of education shall elect their own officers; and fill any vacancy which may occur in their body. Provided , that any, vacancy occurring previous to the annual trustee election, having an unexpired term shall be filled for such unexpired term at the first trustee election thereafter, and the ballots shall be as follows: “To fill unexpired term ending second Monday in July A. D. - ORGANIZATION OF BOARD. Sec. 105. The board of education shall organize before the last day of July in each year. The mayor shall be president and the board shall elect a vice-president from its members and a clerk who shall hold their offices for the term of one year and until their successors are elected and qualified ; and shall also elect a superintendent of district schools who shall not be a member of the board and who shall hold his office for the term of two years and until his successor is elected and qualified. The board shall have the authority at any regular meeting to fill any vacancy which may occur among the officers of the board. All officers elected or appointed by the board shall be registered voters of the city in which they are to serve. Sec. 1 06. The school year shall commence with the first day of July annually and close with the last day of June following. The annual reports of the president, superintendent, and of the several committees shall be presented to the board on or before the first Monday in July of each year. Sec. 107. It shall be the duty of the president to preside at all meetings of the board, to appoint all committees whose appointment is not otherwise provided, for, in this act, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys. In case of the absence or disability of the presi¬ dent his duties shall be performed by the vice-president. DUTIES OF THE CLERK. Sec. 108. It shall be the duty of the clerk to attend all meetings of the board, keep an accurate journal of its proceedings, have the 18 Notice of election. Registration of votes. ■Vacancies. Election of officers of the board. Annual reports. Duties of president. 130 LAWS OF UTAH. Semi-annual state¬ ment. Compensation. care and custody of the records and papers, countersign all warrants drawn upon the treasurer by order of the board, keep an account of all moneys paid to the treasurer on account of said board, and of all moneys paid or orders drawn on the treasurer by order of said board; and at least once in every six months, prepare and cause to be pub¬ lished in a newspaper having general circulation in said city, a state¬ ment, under oath, showing ; first, the moneys on hand at the date of last report, the moneys received by the treasurer since the last re¬ port, and from what source received; second, the amount of sinking fund and how invested; third, the moneys paid out, to whom and for what paid; fourth, the balance of school moneys in the hands of the treasurer; fifth, the number, date and amount of every bond issued and redeemed under the authority given in this act, and the amount received and paid therefor, and perform such other duties as the board or its committees may require. He shall receive for his services such compensation as the board shall fix and determine DUTIES OF THE SUPERINTENDENT. Sec. 109. The superintendent shall have charge and control of the district schools of the city, subject to the orders, rules, regu- compensatkm lations, and by-laws of the board of education, and shall receive for his services such compensation as the board may fix and deter¬ mine. The superintendent of schools may be the clerk of the board of education. Sec. 110. Before entering upon the discharge of his duties, the clerk of the board of education shall give a bond to the board of education of such city in the sum of one thousand dollars with good Bond and oath. and sufficient sureties, to be approved by the board, conditioned for the faithful performance of his duties, and shall take and subscribe an oath or affirmation before the city recorder that he will support the Constitution of the United States, and the laws of the Territory of Utah, and faithfully perform the duties of his office. DUTIES AND BOND OF TREASURER. Sec. 111. The treasurer of the city shall be the treasurer of the board of education and shall give such bond to the board as it may require, said bond to be approved by the board and tiled with its Monthly report. clerk. He shall prepare and submit in writing a monthly report of the finances of said board; and pay school moneys only upon a warrant signed by the president, or, in his absence by the vice- compensation. president, and countersigned by the clerk. The treasurer shall receive for his services such amount as the board of education may fix and determine. Sec. 112. There shall not be any expenditure involving an of expendl‘ amount greater than one hundred dollars, except in accordance with the provisions of a written contract. EXAMINING COMMITTEE. Sec. 113. The board of education shall appoint from their num¬ ber or otherwise two competent persons, who, associated with the city superintendent shall constitute an examining committee and the superintendent shall be chairman of said committee. Said examining committee shall have and exercise within the city the same powers as the county board of examiners exercises within the county out¬ side of the city and teachers employed by the board of education LAWS OF UTAH. 131 shall possess all the qualifications of and be subject to the same examination as teachers employed by district school boards and be entitled to a certificate as provided in Article III of this act. The examining committee may accept teachers’ certificates issued by the county board of examiners. The board of education shall determine compensation and the compensation of said examining committee and shall fill any vacancy therein. POWERS OF BOARD. Sec. 114. The school trustees of said city, together with the mayor thereof shall be a body corporate under the name of “The Board of Education of the city of - .” And said board in the name aforesaid, may sue and be sued, may take, hold, lease, sell and convey real and personal property as the interests of the schools may require. Said trustees shall have the power and authority to admin¬ ister oaths in proof of claims and accounts against said corporation, Proofofc,aims- and no such claims or accounts, except salaries of teachers, shall be audited or allowed by any board of education unless the correctness of the same shall be proved under oath. Sec. 115. When the board of education shall have completed their first organization under and according to the provisions of this act it shall have general supervision of all the district schools of the city. The official terms of all trustees holding office at the time of' the passage of this act in any city of the first or second class shall of£altermof continue until the expiration of the current school year, and until the board of education herein provided for is organized, and they shall make their reports according to law. At the expiration of the school year in 1890 all school districts, in cities included in this act, shall cease to exist, and all school district offices shall become vacant, on the organization of such board of education. Sec. 116. Upon the election and qualification of the board of education for any city, the trustees of all school districts in said city shall convey and deliver all the school property of said districts to the board of education of said city; and the title to all such property, and all property hereafter acquired for school purposes in said city, shall be conveyed to and vest in said board school property, of education, for the use of the district schools of said city; and all rights, claims and causes of action, to or for said property, or the use or income thereof, or for any conversion disposition or withholding thereof or for any damage or injury thereto, shall at once vest in the board of education of said city, in trust for the use of the district schools of the city, and said board in the name aforesaid, may bring and maintain actions to recover, protect and preserve the property and rights of the district schools, and to enforce any contract relating thereto, and in its said name may sue and be sued in any court of law or equity. And all Debts. outstanding debts and obligations of any such school districts shall be paid by such board of education. Sec. 117. The board of education of said city shall have power and authority to purchase or sell schoolhouse sites; con¬ struct and erect school buildings and furnish the same; estab¬ lish, locate and maintain primary schools, industrial or manual training schools, high schools ; establish and support district 132 LAWS OF UTAH. Sale of property. Exemption. libraries, purchase, exchange, repair and improve the school apparatus, books, furniture, fixtures and all other school supplies in said schools; supply and loan to pupils in the several Free text books, etc grades and departments of said schools, free of charge, all text books and supplies used by pupils of said schools; collect all books and apparatus loaned to pupils of the district schools of said city; do all things needful for the maintenance, pros¬ perity and success of said schools, and the promotion of educa¬ tion ; adopt by-laws and rules for the procedure of the board of education, and make and enforce all needful rules and regula¬ tions for the control and management of the district schools of said city. Sec. 118. No school property shall be sold or conveyed by the board of education, except upon resolution of the board duly adopted, at a regular meeting, and not then without an affirmative recorded vote of at least two-thirds of all the members of said board. CITY SCHOOL TAXES. Sec. 119. All property held by the board of education for the use of district school shall be exempt from taxation, and shall not be taken in any manner for any debt due from the city. Sec. 120. For all purposes of taxation the whole city shall constitute one school district. Sec. 121. All cities organized as one district under the provisions of this act, shall receive their pro rata share of any territorial and county taxes levied for the support of district schools. The board of education shall, on or before the thirty - Estimate and levy. first day of December of each year, prepare an estimate and levy the taxes necessary and requisite for the support and main¬ tenance of the district schools under its charge, for the school year commencing on the first day of July next thereafter, also the amount necessary to pay the interest accruing during such year on bonds issued by said board, and the amount of sinking fund necessary to be collected during such year for the pay¬ ment and redemption of such bonds ; and shall forthwith cause to be certified by the president and clerk of said board, to the assessor and collector of said city, the per cent levied by them on all property within said city as returned on the assess¬ ment roll thereof, and the said assessor and collector is hereby authorized and required to place the same on the tax roll of the city, and said tax shall be collected by the city collector as other city taxes are collected, but without additional compensa¬ tion for assessing and collecting, and paid to the treasurer of said city, and held by him subject to the order of said board of education; Provided, that the tax for the support and main¬ tenance of such schools, shall not exceed in any one year two mills on the dollar upon all taxable property of the said city. BONDS. Sec. 122. The board of education of any city may, when in their judgment it is advisable, or when petitioned by a To certify to levy. LAWS OF UTAH. 133 majority of the resident male taxpayers of the said district, as appears from the county assessment roll of the last preced¬ ing year, shall, call a meeting and submit to a vote of the Duty of board, district whether bonds of such district shall be issued and sold for the purpose of raising money for purchasing school sites, for building or purchasing one or more schoolhouses, and supplying the same with furniture, necessary apparatus, and improving the grounds, and for liquidating any indebtedness already incurred for such purposes. Sec. 123. The meeting provided for in Section 122 of this act shall be called by publishing a notice signed by the president and clerk of the board of education, in a newspaper pub¬ lished in the district at least once a week for three successive weeks, or by posting said notice in ten public places in the district for three weeks next preceding said meeting. Such notice shall contain: First — The time and place of holding such election. Notice of meeting.. Second — The name of three judges to conduct the same. Third — The hours during the day (naming not less than eight hours) during which the polls will be open. Fourth — The amount and denomination of the bonds, the rate of interest, and the num¬ ber of years, not exceeding twenty, the whole or any part of said bonds are to run. Fifth — For what purpose it is proposed to issue the bonds. Sec. 124. The board of education shall appoint three judges Judges, to conduct the election, and the voting at such meeting shall be by ballot, but no particular form of ballot shall be required, nor shall any informalities in conducting such election invalidate the same, if the election shall have otherwise been fairly conducted, voting. At such election the ballots shall contain the words “Bonds Yes” or “Bonds No.” Sec. 125. immediately after the polls are closed the judges shall proceed to count and canvass the votes cast at such election r . -I'l Canvassing returns and make returns thereof to the board of education, and said board shall within five days after said election, meet and canvass said returns, and if a majority of all the votes cast at said election are in favor of issuing such bonds, then the board shall cause an entry of that fact to be made on its minutes, and shall immediately file with the clerk of the county court of the county in which such school district is situated a certified copy of the order of the S£! notlce and board of education and certified copies of the notices published or posted, calling such meeting with an affidavit showing when and where said notices were published or posted, and that they were published or posted as required by law and the order of the board of education. The board shall also file with said clerk a statement showing the number of inhabitants and the value of tax¬ able property in the district that the amount of bonds proposed to be issued does not exceed two per centum of the value of the taxable property in the district, that the meeting at which the fiieVwith clerk6 question of issuing the bonds was submitted, was lawfully called and held, that the voting, the canvass of votes cast, and all 134 LAWS OF UTAH. Payment of bonds. Annual estimate and levy. matters in relation to the proposed issue of bonds in said district were lawfully conducted, and that such bonds may be lawfully issued, and thereupon said board of education shall be and they are hereby authorized and directed to issue the bonds of such district in the form and manner provided in Article XIV of this act, to the number and amount voted for at such meeting. Such bonds shall be payable out of the building fund of such dis¬ trict, and the money for the redemption of said bonds, and the payment of the interest thereon shall be raised by taxation, upon the taxable property in said district; Provided, That dffie total amount of bonds so issued shall not exceed two per centum of the Limit of issuance. taxable property of the district as shown by the last equalized assessment book of the territorial and county taxes. Sec. 126. The board of education, in its annual estimate and levy provided for in Section 121 of this act, shall include an amount sufficient to pay the interest as the same accrues, on all outstanding bonds issued by the board, and also to create a sinking fund for the redemption of said bonds, and shall levy and cause the tax to be collected as provided in Section 121 of this act, and such money shall remain a specific fund, and shall not be appropriated or used for any other purpose than as here¬ inafter provided. Sec. 127. The moneys levied and collected for creating a sinking fund for the redemption of the bonds issued by the board of education, shall be used as follows : First. After retaining an amount sufficient to pay the principal of bonds maturing during the year, the board shall, with the surplus of such sinking fund if the same amounts to one thousand dollars or more, redeem any of such outstanding bonds. Second. Whenever any of the bonds of the district shall have been redeemed by the board, they shall be cancelled by writing or printing in red ink across each bond and coupon, the words “paid and cancelled;” and the date of payment and amount paid shall be entered in the cleric's register opposite the number of the bond, and thereafter no interest shall be paid on account of such bonds so cancelled. The bonds and coupons so cancelled shall be filed in the office of the clerk of the board, until all the outstanding bonds and coupons of any one series are paid, when all such bonds and coupons shall be destroyed in the presence of at least two-thirds of the members of the board, and such fact shall be entered upon the records of the board. Sec. 128. Bonds issued under the provisons of this act shall be a lien upon the taxable property in the school district issuing them, and when the board of education neglects or refuses to levy a tax in accordance with law to meet outstanding bonds or the interest thereon, the county court of the county in which such district is situated shall levy such tax, and apply the money thus collected to the payment of such bonds and the interest due thereon. Sec. 129. It shall be the dutv of the clerk of the board of Use of sinking fund. Cancelled coupons and bonds. Lien on taxable prop rty. Refusal to levy. LAWS OF UTAH. 135 education to register in a book provided for that purpose, the Regl3tration of bonds issued under this act, showing the number, date, amount, bonds- when, where and to whom each of said bonds is payable. Article XYI. — Compulsory Attendance. Sec. 130. Every parent, guardian or other person having control of any child between ten and fourteen years of age, shall be required to send such child to a public, district or pri¬ vate school in the district, in which he resides, at least six- Time required, teen weeks in each school year, after the thirtieth day of June, 1890, ten (10) weeks of which shall be consecutive; Provided , that such parent, guardian or other person having control of any child shall be excused from such duty by the school board of the district or the board of education of the city, as the case may ^hee“cP“pjls m be, whenever it shall be shown to their satisfaction that one of the following reasons exists : First. That such child is taught at home in the branches provided by law and for the same length of time as children are required by law to be taught in the district schools. Second. That such child has already acquired the branches of learning taught in the district schools. Third. That such child is in such physical or mental con¬ dition (which may be certified by a competent physician if re¬ quired by the board) as to render such attendance inexpedient or impracticable. If no such school is taught the requisite length of time within two and one-half miles of the residence of such child by the nearest road, such attendance shall not be enforced. Fourth. That such child is attending some public, district or private school. Fifth. That the services of such child are necessary to the support of a widowed mother or an invalid father. Sec. 131. Any such parent, guardian or other person having control of any child between ten and fourteen years of age, who wilfully fails to comply with the requirements of the last Penalty for refusing preceding section, shall be guilty of a misdemeanor, and upon child t0 conviction thereof, be fined not more than ten dollars for the first offense, and for the second and every subsequent offense, not more than thirty dollars, and costs in each case, such fine shall be paid into the district school fund. Sec. 132. It shall be the duty of the president of the board of education of any city and of the chairman of the school tr us- Ne?lectofduty- tees of any district, within their respective jurisdiction, to inquire into all cases of neglect of duty prescribed in this act. Miscellaneous . Sec. 133. An act entitled “An act providing for the estab¬ lishment and support of district schools and for other purposes/” approved February 20, 1880, excepting section 23 of said act, conflicting acts (section 1931, compiled laws of Utah of 1888), and all acts repealed’ amendatory thereof, or supplemental thereto, and also all other 136 LAWS OF UTAH. acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 134. The terms of office of all school trustees now in office' except the trustees of school districts situated within the limits of cities of first or second class, that would expire in serve out their the years 1891 and 1892, are hereby continued until the full terms of office for which they were elected have expired and their successors are elected and qualified and the terms of office of all county superintendents now in office are hereby continued until the expiration of the full terms of office for which they were elected have expired. Sec. 135. Nothing in this act shall be construed as intended to abate, impair or invalidate any levy of taxes or assessment ffSayySK therefor which has been or is now being made in any school dis- act valid. trict or county in this Territory, and all such assessments shall be continued and completed and the taxes levied shall be collected in the manner provided by law. Sec. 136. This act shall take effect upon its approval. Approved March 13, 1890. CHAPTER LXXIII. MINUTE CLERK. RESOLUTION relating to the Election of Minute Clerks. Resolved by the Governor and Legislative Assembly of the Territory of Utah: That each house is hereby authorized to elect a minute clerk, to serve during the present session of the Legislature at a compensation of five dollars per day; said sums to be paid out of the territorial treasury. Approved January 16, 1890. CHAPTER LXXIY. UTAH REPORTS. A RESOLUTION authorizing the territorial auditor of public accounts to purchase and distribute one hundred copies each of volumes four and five of the Utah Reports. Section 1. Resolved by the Governor and Legislative Assembly of the Territory of Utah: That the territorial auditor of public accounts is hereby authorized to purchase one hun¬ dred copies each of volumes four and five of the Utah reports, and exchange one of each of said volumes with each of the States and Territories of the union and deliver one of each of said volumes to each of the following named public officers for the use of said officers respectively to wit’; the county clerk LAWS OF UTAH. 137 of each county. The United States district attorney. The gover¬ nor and secretary of the Territory. The chief justice and asso¬ ciate justices of the supreme court, and the remainder said volumes to be retained by said auditor for the use and benefit of the members of the Legislature during any session thereof. Sec. 2. That the sum of $1000 one thousand dollars or so much thereof as may be necessary for the purchase of said books is hereby appropriated for said purpose out of any money in the treasury of the Territory not otherwise appro¬ priated. Approved March 12, 1890. CHAPTER LXXY. COMPILED LAWS. A RESOLUTION approving and adopting the Compiled Laws of Utah of 1888. Resolved by the Governor and Legislative Assembly of the Territory of Utah: That the Compiled Laws of Utah of 1888, as prepared and compiled by the committee appointed pur¬ suant to the act of the Governor and Legislative Assembly, passed at the twenty-eighth session, together with the amend¬ ments made thereto at this session of the Legislative Assembly, be and the same are hereby approved and adopted: Provided , that this approval and adoption shall not be held or con¬ strued to be a repeal of any of the original acts or laws in¬ cluded in said compiled laws; but said original laws and acts shall control, wherever there is a difference between said acts or laws and said compiled laws; but full effect shall be given to all amendments made thereto at this session of the Legisla¬ tive Assembly: And provided further , that any acts or laws included in said compiled laws, that have heretofore been re¬ pealed shall not be held or construed to be revived or re-en¬ acted by this approval and adoption of said compilation. This resolution shall take effect upon its approval. Approved March 10, 1890. MEMORIALS TO CONGRESS- FOURTH JUDICIAL DISTRICT. Salt Lake City, Utah, January 27, 1890. To the Honorable the Senate and House of Representatives of the United States in Congress Assembled: Your memorialists, the Governor and Legislative Assem--, bly of the Territory of Utah, respectfully represent that by an act of Congress entitled “An Act providing for an additional associate justice of the supreme court of the Territory of Utah and for other purposes” approved June 25th, 1888, provision was made for the appointment of an additional associate justice of the supreme court of Utah Territory and said ap¬ pointment has been made as in said act provided. That said act of Congress while creating the office of additional associate justice as aforesaid, did not provide for the creation and organization of a fourth judicial district in said Territory, and in consequence thereof there are at present four district judges in said Territory operating in three dis¬ tricts, to the great inconvenience of the judges aforesaid and of the people of said Territory. That your memorialists are of the opinion in view of the statutes of the United States heretofore passed and approved, authorizing the division of said Territory into three judicial districts, that the Governor and Legislative Assembly of said Territory are powerless to create a fourth judicial district or provide for the organization thereof, notwithstanding the same is necessary, and will be convenient for the due, proper and economical administration of the law, in said Territory. Your memorialists therefore respectfully pray your hon¬ orable body for such legislation as will enable said Governor and Legislative Assembly to create and organize a fourth judicial district in said Territory, and alter, change and modify, from time to time, the organization of the several judicial districts in said Territory in such manner as said Governor and Legislative Assembly may deem wise and ex¬ pedient. And your memorialists will ever pray. Approved January 29, 1890. MEMORIALS. 139 PROTEST AGAINST REMOVAL OF UTE INDIANS TO UTAH. lo the Snate and House of Representatives of the United States in Congress assembled : Your petitioners the Governor and Legislative Assembly of Utah, desire to set forth : That the presence of the Southern Utes in southern Colorado is offensive to certain citizens of that State, and it is therefore proposed to effect their removal to Utah. It is further proposed and urged by said citizens of Colorado, that for these Indians, a tract of three million acres of the public domain be set apart in Utah, and that they have the freedom of three million acres additional in this Territory for hunting and other purposes. The proposition receives no support from the citizens of Utah. The feeling in this Territory is universal and strong against it. The citizens of Utah need and desire that all lands in the Territory belonging to the public domain and not included in Indian or other reservations be open to industrious and law- abiding citizens, such as may be able to govern themselves, and make positive and valuable contributions to the wealth and prosperity of the Territory. Your petitioners desire to represent further that within the tract in Utah proposed as the home of the Southern Ute Indians, extensive and valuable mineral deposits are found. Among these are extensive placer deposits. Nearly one thou¬ sand five hundred (estimated) settlers have found their way to this region and are developing its resources. Many others, engaged in stock raising and farming, would have their prop¬ erty and perhaps their lives imperiled by the proximity of large bands of Indians, living by no fixed and regular occu¬ pations. Besides, on the north of these settlers are the exten¬ sive reservations of the Uintah and Uncompahgre Utes. Be¬ tween these reservations and the proposed reservation on the south, would be no desirable location for the establishment of American homes. Further; in case such transfer of Indians as above de¬ scribed should be made, great damage and injustice would be done in general to the interests of this entire Territory and particularly to those citizens of Utah now residing on or near the proposed reservation. To them it would mean in many in¬ stances the losses and hardships involved in abandoning their homesand seeking others. Valuable rights would have to be re¬ linquished; many homes would be placed in fear; important and extensive natural resources, both mineral and agricultural, would have to be abandoned and would remain permanently undeveloped. Great inducements now offered by this Terri- 140 MEMORIALS. tory to industrious and able immigrants would become value¬ less, and a positive injury be inflicted upon us in the presence of a large and idle population, acting both as a hindrance and a menace to our progress. Moreover, it does not appear that in the proposed transfer, any advantage would accrue to the Indians. Rather, the large increase in territory, accessible to them in the proposed reser¬ vation, would be a continual inducement to a nomadic and lawless life. They would be deprived of the advantages of a neighboring compacted American population, with which they are now, to their great benefit, permitted to mingle freely. In Utah, on the contrary, the American ranchmen and farm¬ ers are more isolated, and the neighbors with whom the Indians would most freely mingle would be the Uintah and Uncompaghre Utes, of civilization not superior to their own. We, therefore, your petitioners, earnestly pray that you permit no change to be made in the reservation of the South¬ ern Ute Indians of Colorado, such as shall involve their trans¬ fer to the Territory of Utah. And your petitioners will ever pray. Approved January 31, 1890. FEDERAL BUILDING AT SALT LAKE CITY, UTAH. To the Senate and House of Representatives of the United States in Congress assembled: Your memorialists the Governor and Legislative Assembly of the Territory of Utah, respectfully represent: That whereas it has come to the knowledge of the people of this Territory that it is now proposed by your committees to reduce the amount heretofore asked for to erect a federal building in Salt Lake City, and Whereas, in the opinion of your memorialists any such re¬ duction would be prejudicial to the public interests, since the erection of any building for federal purposes in said city, upon a smaller scale than the one contemplated in the request here¬ tofore made to your honorable bodies, would be insufficient for the needs and purposes aforesaid and not adequate to the present, much less, the future demands of this rapidly growing Territory. Your memorialists therefore respectfully urge that the amount for the purposes aforesaid be not reduced and that the sum of five hundred thousand dollars be appropriated for said purposes, and Your memorialists will ever pray. Approved February 28, 1890. MEMORIALS. 141 FEDERAL BUILDING AT OGDEN, UTAH. Memorial to the Senate and House of Representatives in Con¬ gress Asstmbled: We, your memorialists, the Governor and Legislative Assembly of the Territory of Utah, respectfully represent that there is urgent and increasing need of a government building at Ogden, Utah, to accommodate the federal court, the post- office, the United States marshal’s office, the quartermaster’s office, and the various other government interests centered in that enterprising and important city; wherefore, your me¬ morialists respectfully ask that an appropriation of two hun¬ dred and fifty thousand dollars be made for the purpose of constructing said building, and your memorialists will ever pray. Salt Lake City, Utah, March 4, 1890. Approved March 5, 1890. I approve the above memorial for the following reasons: Ogden has now a population of about twenty thousand, and is rapidly growing. It is one of the termini of the Union Pacific, Central Pacific, Denver & Rio Grande, and Utah & Northern railways. It is an important business centre, and the amount asked for is necessary to erect a building large enough to meet the needs of the public service. Arthur L. Thomas, Governor. DEEP HARBOR. To the Honorable the Senate and House of Representatives of the United States in Congress Assembled: Whereas the growing necessities of the west demand a first class harbor on the gulf coast in the State of Texas, in order that the surplus products of the State of Texas, and neighbor¬ ing States and Territories, may find an outlet to the markets of the world by a shorter route than is now open to them, and at a vast annual saving to the producers, and Whereas, the annual surplus tonnage of farm aud manufac¬ tured products of the west, amounts annually to many millions of tons, and Whereas the Congress of the United States, did, at its last session provide for the appointment of a special board of en¬ gineers whose duty it was to report to the present Congress, the most eligible point or points upon the gulf coast of Texas for a deep harbor, to be of ample depth, width and capacity to accommodate the larger ocean going vessels, and the commercial 142 MEMORIALS. and naval necessities of the country; and such special board of engineers having been appointed as provided by said act of Congress, did, after due examination of the harbor of Galves¬ ton, among other things, report in favor of Galveston as such point, and recommend the appropriation by Congress of the sum of $6,200,000, for the improvement of that port and harbor, and Whereas, the committee on commerce in the United States Senate has reported to the Senate, a bill making an appropriation for the purpose aforesaid, of which the follow¬ ing is a copy “Be it enacted etc. that for the purpose of secur¬ ing the work of improving the entrance to Galveston harbor, Texas, the Secretary of War, upon the application of the chief of engineers is hereby authorized, in his discretion, to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate six million two hundred thousand dollars, the amount estimated as neces¬ sary for the completion of the same, as shown in the reports of the chief of engineers for the year 1889; Provided however, that the amounts so drawn from the treasury shall not exceed one million dollars in any one year and that an itemized state¬ ment of said expenditures shall accompany the annual report of the chief of engineers. “The amount required for the completion of this work as herein proposed is hereby appropriated out of any money in the treasury not otherwise appropriated.” Therefore, be it resolved by the Governor and Legislative Assembly of the Territory of Utah, that the Congress of the United States is hereby earnestly requested to pass the bill now pending in the Senate above referred to. Approved March 10, 1890. IN AID OF IRRIGATION. Memorial to the Senate and Hovse of Pepresentatives of the United States in Congress assembled: We, your memorialists, the Governor and Legislative Assembly of the Territory of Utah, respectfully petition you to enact into. law, Senate Title 326, “A bill ceding upon condi¬ tion, public lands to the State of California and other existing States, and to the eventual states to be formed out of the exist¬ ing Territories, in aid of the irrigation of dry and arid lands.” We believe that such a law would greatly aid the im¬ portant work of reclamation of vast tracts of land now use¬ less, and would add to the population, wealth and grandeur of this country’s western domain. And your memorialists will ever pray. Approved March 10, 1890. MEMORIALS. 143 PUBLIC PARK. To the Honorable the Senate and House of Representatives of the United States in Congress assembled. Your memorialists, the Governor and Legislative Assem¬ bly of the Territory of Utah, would respectfully represent: That Big Cottonwood canyon, in Salt Lake county, Utah Territory, is one of the chief sources of water supply for Salt Lake Valley: That the country situate at the head of this canyon was until within a few years heavily wooded, thus affording pro¬ tection for the snows deposited over a large water shed, thus furnishing a steady flow of water throughout the summer months for irrigating and other purposes. That the canyon is now being rapidly denuded of trees for the purpose of sawing into lumber, and of undergrowth, by pasturing of large herds of sheep: That by such denuding the snows are melted rapidly, causing freshets in the spring and drought later in the season, to the great damage of the inhabitants of Salt Lake valley: That Big Cottonwood canyon contains many mountain lakes, of much scenic interest and great beauty, and is the great resort for the people of Utah, during the hot summer months: Your memorialists therefore humbly pray that, saving all mining and other rights heretofore acquired, all land be¬ longing to the United States, lying in the region of country bounded by the divides between Big Cottonwood and Parley’s Park, Snake Creek, Mill Creek and Little Cottonwood canyons, respectively, for a distance of ten miles westerly from the head of Big Cottonwood canyon, be granted to the Territory of Utah, and set apart as a public park in which it shall be un¬ lawful to cut any growing trees, or to pasture cattle or sheep, and Your memorialists as in duty bound will ever pray. Approved March 10, 1890. RELATING TO SCHOOL LANDS. To the Honorable the Senate and House of Representatives of the United States of America in Congress Assembled : Your memorialists the Governor and Legislative Assem¬ bly of the Territory of Utah would respectfully represent to your honorable body that there exists in said Territory a necessity for an improvement in the public schools of said Territory of Utah: 144 MEMORIALS. That under the laws of the United States Sections 16 and 36 of each township in the Territories are reserved from the public domain for the benefit of the public schools wh§n such Territories becomes States; and That such sections of land are not available until after the admission into the Union of such Territories; That by act of Congress of August 9th, 1888, Congress permitted the Territory of Wyoming to lease the said reserved lands to settlers for the benefit of the public schools of said Territory of Wyoming That by such an act in behalf of the Territory of Utah the public schools thereof would be greatly benefitted and pub¬ lic education greatly enhanced, That said Sections 1 6 and 36 as set apart by Congress for the benefit of public schools are now being used and improved and the public schools receiving no benefit therefrom; and Your memorialists therefore ask that the Congress of the United States of America do pass an act enabling and allow¬ ing said Territory of Utah to lease for the use and benefit of the public schools of said Territory all the lands thus reserved by the statutes of the United States of America within the confines of said Territory of Utah and as in duty bound Your petitioners will ever pray. Salt Lake City, Utah, March 10, 1890. Approved March 11, 1890. LEGISLATIVE SESSION UTAH LEGISLATURE. To the Honorable the Senate and House of Representatives of the United States in Congress Assembled : Your memorialists, the Governor and Legislative Assembly of the Territory of Utah, would respectfully represent. That for the increasing magnitude of the interests of the Territory of Utah, the term of legislative session, now limited by law to sixty days biennially is inadequate. Your memorialists, would therefore urge upon your atten¬ tion the propriety of providing by special enactment, for a biennial legislative session for the Territory of Utah, of not less than ninety days, and a per diem therefor of six dollars, and Your memorialists will everjpray. Approved March 13, 1890. CERTIFICATE. TERRITORY OF UTAH, } ss. secretary’s office. I, Elijah Sells, Secretary of the Territory of Utah, do hereby certify that the laws, resolutions and memorials published in this volume, be¬ ginning on page one and ending on page one hundred and forty-four, are full, true and correct copies of the originals, passed during the twenty -ninth session of the Utah Legislature (1890), as the same appear on file in this office. [seal.] the great seal of the Territory. Done at my office in Salt Lake City, Utah, this third day of May, A. D. 1890. ELIJAH SELLS, Secretary of Territory. ■ # . ■ GENERAL INDEX PAGE. ABSTRACT— of indebtedness, parties claiming liens to file . 26 of mortgages to be furnished to assessors by county recorders . 76 ACKNOWLEDGMENT — to deeds for public lands validated . 106 form of certificate of. . , . . 90 ACTIONS — in civil cases, place of trial of . 73 ADMINISTRATORS — trust and guaranty associations may act as . 106 accounts may be allowed without publication . 109 to sign cancellation of mortgage in recorder's office . 90 ADVERTISEMENTS— (see publication.) AGENTS — trust and guaranty associations may act as . 106 station, to bulletin departure of trains . . 34 AGISTER — liens to protect . 85 AGREEMENTS — may be satisfied by marginal entry in records . . 19 AGRICULTURAL COLLEGE — appropriation for . 44 issuance of territorial bonds for completion of. . . . 68 ALLEYS — laying out and improving, etc . . 54 dedication of. . 77 town trustees may lay out and improve . 80 AMUSEMENTS — town trustees may license and regulate . 80 ANIMALS — destruction of. . 15 trespassing, disposal of, etc . . 87 ANNUAL APPROPRIATIONS — for payment of interest on territorial bonds . 72 APOTHECAR-ES — town trustees may license and regulate . 80 APPEALS — in court, bond may be furnished by trust and guaranty associations.. 100 APPORTIONMENT— of school funds . no APPRAISEMENT — of property held for lien . 86 APPRAISERS — compensation of . 87 APPROPRIATIONS— general . 42 for expenses world’s fair commissioners . 91 of publishing school laws, etc . m for support of territorial library . 100 for fish commissioner, etc . .. . „ . 24 to pay bounties . 34 to cover cost and expense of sale of territorial bonds . . . 69 annual, to pay interest on territorial bonds . . . 70 to pay accounts of board of equalization . . . 75 for chair of geology and mineralogy in Deseret University . . 79 for publishing school laws and reports . .. . in by territorial treasurer to pay court expenses... . 105 to purchase Utah reports . 137 AQUEDUCTS — liens on . 25 ASSES — branding and herding of. . 6 lien on for care of . 85 town trustees may restrain from running at large . 79 ASSESSMENT — of special tax for paving streets . . 55 for public improvements . 61 of tax, description of real estate in making . 62 roll, transient stock to be entered on . . . 64 to be prepared by county clerk . 74 and collection of taxes . 50 of water tax by town trustees . 80 territorial bonds exempt from . 71 ASSESSING — and collecting taxes on transient stock . 64 ASSESSORS AND COLLECTORS — appropriations for . 45 additional bonds of. . 124 148 INDEX. PAGE. ASSESSORS AND COLLECTORS (Continued)— county clerk to furnish blanks to . . 66 to assess special school tax . . 124 compensation of. . 67 school board to make return of tax levy to . 124 county recorders to furnish abstract of mortgages to . 76 certificate of levy of school tax to be furnished to . 132 liability of . 52 to place levy of school tax on tax roll . 132 statement to be made to . : . 51 to list transient stock...: . 64 to furnish tabulated statement of statistics to county clerks . 67 ASSIGNEES — guaranty associations may act as.... . 106 to sign cancellation and mortgages in recorder’s office . 90 ASSOCIATE JUSTICES — to be members of board of control of territorial library. 99 ASSOCIATIONS— building and loan . 7 loan trust and guaranty . 106 ASYLUM — (see insane asylum.) ATTACHMENTS — when not valid . . 29 ATTORNEY — county, to prosecute persons refusing to furnish statistics . 67 prosecuting, to bring action to recover forfeiture for illegal sale of lots. 77 AUCTION — for sale of estrays . . . . 83 to sell property to satisfy liens. . . . . 87 AUDITOR OF PUBLIC ACCOUNTS— territorial bonds to be signed by . 68 to draw order for expense of sale of territorial bonds . 69 warrant for payment of interest on territorial bonds . 70 for expense of abstract of mortgages . . . . . 76 to endorse territorial bonds before payment . 71 to keep record of bonds issued and sold . 71 to audit accounts of board of equalization. . 75 to draw warrants for school funds . . . no, 123 board of equalization to file final report with . 75 to audit expenses incurred in bringing back fugitives . 96 bonds of court commissioners to be filed with . . . 104 court commissioners to draw on . 102 statement to be filed with by clerk of court . no territorial school commissioner to file statement of expenses with . 112 authorized to purchase Utah reports . . . . 136 to certify to apportionment of school funds . . no appropriations for salary and expenses of. . . . 43 AVENUES — laying out and improving of, etc . . 54 dedication of. . 77 BAGATELLE — town trustees may license and regulate . 80 BAGGAGE— lien on to secure payment of board and lodging . 86 BEAR LAKE — caicning fish in . 15 BEARS — destruction of. . . 23 BEEF — slaughtering of. . . . 6 BEES — inspection of. . 17 BEET SUGAR — bounty for manufacturing . 33 BIENNIAL REPORT — of loan commissioners . . . . . 71 BIRDS — destruction of.. . 15 protection of. . 91 nests, protection of. . 92 BISON — protection of. . . . . . . . 91 BILLIARD ROOMS — may be licensed and regulated by town trustees . 80 BILL OF SALE — for property sold to satisfy lien . 87 BLANKS — (see schools). BOARD OF REGENTS OF UNIVERSITY . 19 to appoint professor of geology . . . . . 78 BOARD — of control of territorial library, members and duties of. . . 99 of education (see schools). of equalization, duties of. . . . . 52 appointed by city council . 58 to assess cost of laying pipes . 61 to equalize sewer tax . . . 62 INDEX. 149 PAGE. BOARD ( Continued ) — of equalization to strike from roll taxes assessed in Grand County.,.. 93 of examiners isee schools.) of health . 79 of public works, street improvement to be under charge of. . 55 to be appointed by city council . . . 62 term of office . 62 salary of . 63 bonds of . 63 duties and powers of. . 63 removal of members of. . . . 63 may cause pipes to be laid prior to paving . . . 61 of school trustees (see school trustees). of trustees of private corporations, number to form quorum . 71 removal of from office . 72 limit of number of. . 72 of town trustees may make health regulations... . 79 regulations concerning stock . 79 may regulate traffic in liquors, etc- . 80 amusements . 80 may lay out and improve streets . . 80 repair water ditches, pipes, etc., . 80 may assess and collect annual water tax . 80 to enforce ordinances . . 80 authorized to erect a city jail . 81 duties of clerk of. . . . . 81 BOARD — lien < n baggage to secure payment of . . 86 BONDS — curbing and guttering, issuance and payment of . . 57 limitation of issuance . 63 official, trust and guaranty associations may act as . . 107 paving, issuance and payment of. . 56 for sale of real estate. . . . 19 of territorial fish and game commissioner . . . . . 21 territorial, use of proceeds of, sale of. . . 50 exempt from taxation . 71 issuing and disposing of. . . . . . . 68 (see schools). BOUNDARIES — of Emerv County . . . . 94 of Sanpete and Sevier counties . . . 13 school districts (see schools). BOUNTIES — for destruction of wild animals . 15 to encourage manufactures . . 32 BOYS — when subjects for reform school . 97 BRAND BOOKS — etc., to be delivered by poundkeeper to justice . 85 BRANDING — and herding of cattle . . 6 BRANDS — defacement or obliteration of... . . . 7 BRIDGES — liens on . 25 appropriations for . 46 BUILDING AND LOAN ASSOCIATIONS . *. . 7 BUILDING — lots, when subject to liens . . . 28,29 liens on . 24 BUFFALO — protection of . .. . . 91 BUREAU OF STATISTICS . . . 66 BURGLARY — penalty for . 95 BUTCHERS — town trustees may license and regulate . 80 CABLE — railway companies to pave and keep track in repair . . 59 CALIFORNIA QUAIL . 92 CALVES — not stray animals . 83 CANALS — delinquent tax, etc . 12 liens on . 25 across mining claims . 38 town trustees may lay out and repair . 80 CANCELLATION — of territorial bonds . . . 70 of mortgages, form of. . 90 CAPITAL PUNISHMENT— for murder . 94 150 INDEX. CAPITOL GROUNDS — appropriation for . . CATALOGUE — of territorial library . CATTLE — lien on for care of . . damage by stray . . branding and herding of . . . . slaughtering of. . guards and lences 10 be maintained by railway companies. trustees of town may restrain from running at large . detectives . . transient, assessing and collecting tax on . CEMENT . . . CENSUS — (see schools.) CERTIFICATE OF ACKNOWLEDGMENT— form of. . CERTIFICATE — of discharge, form of . territorial, may be issued to teachers . . . court, issuance of. . . of taxes to be issued to stock owner by county clerk . CHANCELLOR OF UNIVERSITY . to appoint professor of geology . CHANGING MARKS AND BRANDS — penalty for . CHARTER — municipal . . . . . CHANGE OF VENUE . . . payment of costs of. . . CHATTEL MORTGAGES— time valid . PAGE. ... 47 ... TOO - 85 ... 83 ... 6 .. 6 ... 78 • 79 ... 6 ... 64 ... 14 ... 90 ... 90 .. hi . . 104 ... 65 ... 19 ... 78 54 73 73 CHEATING — penalty for . . . . 95 CHILDREN — when subjects for reform school . 97 CIGARETTES — prohibiting the furnishing to and use of by minors . 96 CIGARS — prohibiting the furnishing to and use of by minors . . 96 CIRCUSES — town trustees may license and regulate . . . . 80 CITIES AND TOWNS— deeds issued by, validated . . 106 powers, duties, and government of.. . 54 CITY --bonds, limitation of amount that may be issued . . 63 collector may seize property to satisfy delinquent paving tax . . 60 to report notices of suit to recover tax . 58 to give notice of time when special tax becomes delinquent... 62 council, power to levy special tax . 54 to lay out paving districts . 56 may issue paving bonds . 56 curbing and guttering bonds . . . 57 to require laying pipes before paving streets . 61 power to assess cost of laying pipes . 61 may order money drawn . . 5 may levy sewer tax . 62 to give notice of intention to levy tax . 66 engineer, estimate of to be approved by board of public works . 63 jail, town trustees authorized to erect . . . . . 81 recorder to furnish copy of ordinance levying special tax . 62 school superintendent to take oath before . 130 paving bonds, issuance and payment of . . . 55 CIVIL — action to collect special tax on railways . 60 place of trial of. . 73 cases, reporter may be dispensed within . . . . 103 engineers, when entitled to liens . . . 26 CLERK OF COURT — to make copy of order to send minor to reform school . 97 to issue certificate to reporter . 103 to discharge witness or jurors . 101 plaintiff to make deposit with . 101 to pay moneys into territorial treasury . . . 102 to keep attendance roll of witnesses, etc . . 102 to file statement with territorial auditor . . 102 foreman of grand jury to make statement to . 102 penalty for making untrue certificate . 105 notice and statement, etc., of vote on school bonds to be filed with.... 133 CLERK — of town trustees, duties of. . . . 81 of probate court to post notice of hearing of application . 109 INDEX. 151 CLERK ( Continued ) — page. trust and guaranty companies may act as bondsmen of. . . 107 COLLECTION — of special street railway paving tax . 60 of tax . 5° of tax assessed prior to passage of school law . 136 of tax on transient stock . COLLECTOR — to notify tax payer of amount of tax . 52 compensation and duties of. . . 53, 54 to report notice of suit to recover tax . 58 to collect tax on transient stock . . . . 64 COLLEGE — agricultural, bond to be issued tor completing . . 68 COLTS — not stray animals . 83 COMMISSIONER — of schools, duties of . no of world's fair, duties, etc.. . . 91 court, appointment of. . 103 duties of.. . T04 of fish and game . 22 loan, appointment and duties of. . 68 of schools, appropriation for . . 43, 46 territorial, (see schools). to locate university lands, appropriation for . 48 COMMISSION— of superintendent to be issued by governor . 112 COMMONS — dedication of. . 77 COMPANIES— irrigation . . . 12, 21 COMPILED LAWS — joint resolution approving and adopting . 137 appropriation for distribution of. . . . 49 amendments to (see page iv). COMPULSORY ATTENDANCE— (see schools.) CONCERTS — town trustees may license and regulate . . 80 CONSTABLE— to take up stray anfmals . . 83 CONTAGIOUS DISEASES — board of trustees may make regulations concerning. >9 CONTESTING ELECTIONS . 72 CONTINGENT EXPENSES— of legislature . 1 CONTRACTS — real estate . 19 trust and guaranty association may become surety for performance of. 107 CONTRACTORS — who deemed . 25 when to file statement . 26 limit of responsibility for claims . . . 28 CONVEYANCES IN WRITING — form of acknowledgment . . . 90 form of. . , . . 88 CORPORATIONS — consolidation of railroad . 35 private . 71 building and loan.. . . . 7 trust and guaranty . 107 COUNCIL — (see city council.) COUN TY ASSESSOR — compensation of. . 67 (see assessor.) statistics to be collected by . . . 66 county clerks to furnish blanks to . . 66 COUNTY — attorney to prosecute persons for refusing to furnish statistics . 67 boundaries, Sanpete and Sevier . 13 Emery . . 94 clerks to examine witnesses . 15 to furnish copy of assessment roll . . . 52 to act as county commissioner in case of vacancy . 104 to issue certificate to owner of stock . . 65 statistician to furnish blanks to . . 66 assessor to furnish tabulated statement of statistics to . 67 to forward statement and estimates to territorial statistician... 67 to prepare assessment roll . 74 to enter changes on assessment roll . . 75 court, cases to be reported to by justice . 85 may offer reward for information concerning violation of game law . 92 ignoring probate judge . . 96 to have notice to appear before the board of equalization . 75 INDEX. 152 COUNTY ( Continued ) — page. court, to file duplicate list of claims allowed, etc., . 96 to remit taxes collected on transient stock . 64, 65 to determine compensation of assessor . 67 may appoint stock detective . 6 may order money drawn . 5 to pay bounties . 15 to appoint fish and game commissioner.. . 22 assessment of taxes by . 50 to furnish assessors* books . 51 to hear complaint and determine assessor’s compensation . 52 to provide maps for assessors . 53 (see schools). election to vote on fencing farms . 82 officers, trust and guaranty association may become surety lor . 107 recorder to record liens, etc., . . . 27 to file and record statements . 27 transcript to be filed with . 31 record of disincorp ^ration of towns, etc., . 82 cancellation of mortgage to be recorded by . . . 90 to furnish abstract of mortgages to assessors . 76 to keep entry book . 77 map of new towns to be filed with . 77 validation of deeds to public land certified to by . . 106 superintendent to endorse statement of vote on school bonds . 126 abstract of apportionment of school fund to be filed with . no ot schools (st.e schools). treasurer to pay stock detective . ..* . 6 to pay bounty . 16 taxes on transient stock to bSremmitted to . . 64, 65 property of disincorporate to be deposited with . 82 abstract of apportionment of school funds to be turnished to .. no treasurer to report to territorial school commissioners . 124 compensation for handling school fund . 124 list of claims to be filed with by county court . 96 treasury, proceeds of sale of trespassing stock to be paid into . 85 forfeitures under highway act to be paid into . 16 COUPON BONDS — issuing and disposing of, . 68 COURTS — appropriations for expenses of . 43 when to entertain suit to recover tax . . . . 58 trust and guaranty companies may become surety in . . 107 appointment of receiver for loan, trust and guaranty associations by... 108 probate, may grant orders without publication.. . 109 commissioners, duties of . 104 appointment of. . 103 penalty for misconduct of . 105 certificates, issuance of . 104 to prohibit officers from dealing in . 105 officers prohibited from dealing in certificates . 105 COYOTES — destruction of CRIER — of sale to satisfy lien . CROSSWALKS — trustees may lay out and improve . . . ... CURBING AND GUTTERING — issuing and payment of bonds for streets . D. A. & M. SOCIETY — appropriation for . . 1 . territorial bonds to be issued for . .... 68 DAMS— fishways to be constructed through . 23 DANCES — public, town trustees may license and regulate . . . 80 DEAF MUTE INSTITUTE — territorial bonds to be issued for completing . 68 DECEDENTS— partition of estate may be ordered without publication . 109 DEDICATION OF ALLEYS, ETC. DEED — short form of warranty . quit claim . of release . . of trust, form for cancellation of. . issued by cities and towns validated. 77 88 88 19 90 106 INDEX. 153 PAGE. DEER — protection of.. . 91 DEFACING MARKS— or brands on stock . . 7 DEFAULT — capital stock of trust and guaranty associations liable for . 108 DEFECTIVE TITLES — to real estate, insurance against loss from . 106 DELINQUENT— special school tax . 125 taxes, appropriation for . 45 collection of. . 53 publication of list . 53 when special paving tax is . 55 DENTISTS — town trustees may license and regulate . 80 DEPOSITS — loan and trust associations may receive . 107 DESERET NATIONAL BANK — interest on territorial bonds payable at . 68 DESERET UNIVERSITY — territorial bonds to be issued for completing . 68 appropriation for . 49 chair of mineralogy and geology in . . 78 library, regulation of. . . . 99 mileage and compensation of officers of. . 19 DESTRUCTION — of wild animals . 15 ot game and birds wantonly . 92 DETECTIVE — to prevent violation of stock laws . 6 DIRECTORS — railway companies . 4 of private corporations (see board of trustees). DISCHARGE OF MORTGAGE— form for.. . 90 DISEASES — contagious, board of trustees may make regulations . 79 DISINCORPORATION — and organization of towns . 79 of towns, manner of procedure . . . 81 DISPOSAL — of estrays and trespassing animals . 83 DISTRICT — attorney to prosecute persons refusing to furnish statistics . 67 bonds, limitation of amount that may be issued . 63 court, trial for right of way . . . 38 appropriation for expenses of. . 43 payment of witnesses, jurors, etc . . . 101 receiver for loan, trust and guaranty association to be ap¬ pointed by . . . 108 paving bonds, how issued, etc.. . . . 56 school tax (see school tax), schools (see schools). DITCHES — across mining claims . . . 38 water, town trustees may lay out and repair . 80 DIVISION FENCES . 13 DOCTORS — (see physicians). DOGS — pursuit of game with, punishable . 91 killing of lawful while in pursuit of game . 91 DOWER — release of.. . 19 DRAINS — tax for construction of. . 62 DRIVING STOCK . . . *. . 6 town trustees may prohibit on sidewalks . . . 80 DROVER — when deemed a . 6 to keep his herds separate from other stock . 6 DRUGGISTS — town trustees may license and regulate . 80 DRUNKARD — disposal of intoxicating liquors to . . . 36 DUCKS — wild, protection of. . 92 EASEMENTS OF MINES . 37 EATING HOUSES — town trustees may license and regulate . 80 EDUCATION— (see schools.) ELECTION DAY — disposal of liquor on . 36 ELECTIONS — contesting of. . . 72 to vote on disincorporation of towns . . 81 to vote on fencing farms . . . 82 of school officers (see schools). of school trustees . 116 of county superintendent . 112 ELECTRIC RAILWAY COMPANIES — to pave and repair tracks . 59 ELK — protection of.. . . . . . . . . . . qi EMERY COUNTY — assessment of tax in . 93 INDEX. 154 EMERY COUNTY ( Continued )— page. changing boundaries of. . 94 made a part of first judicial district . 94 EMPLOYEES — trust and guaranty associations may become surety for . 107 ENCUMBRANCES — when effected by liens . . . 29 ENGINEERS — when entitled to liens . . . 26 ENGLISH SPARROWS— destruction of . 15, 92 ENTRY BOOK — to be kept by county recorder . . 77 ENUMERATION OF PUPILS— annual . n9 EQUALIZATION — of county taxes . 52 of city taxes... . 58 of sewer taxes . 62 of taxes . 73 of special school tax . 124 ESTATES — distribution and partition may be ordered without publication . 109 ESTRAYS — disposal of for trespass and damage . . . . 83 EXAMINER — of loan, trust and guaranty accociations, duties of. . , 108 EXAMINING BOARD — temporary teachers’ certificates may be issued on recom¬ mendation of . 115 EXECUTION — for damage done by stock . 84 when not valid . 29 EXECUTIVE — contingent expenses . 49 EXECUTOR — to sign cancellation of mortgages . . 90 guaranty association may act as . 106 orders may be granted by probate court without publication . 109 EXEMPTION — cement . 14 of school property . 132 of territorial bonds . 71 EXPENSES — appropriation for . 43 legislative contingent . 1 FAIR COMMISSIONERS— world’s . 91 FALSE PRETENSES — penalty for obtaining goods under . 95 FARM — election to vote on fencing . 83 products, statistics to be collected concerning . 66 FARMERS — lien to protect . 85 FAWN — protection of. . . . 91 FELONY — requisition for persons charged with . 96 FENCES — division . 13 and cattle guards to be maintained by railway companies . 78 county election to vote on . 83 FINES AND FORFEITURES — for violation of town ordinances . 80 FIRST JUDICIAL DISTRICT— Emery County attached to . Grand County attached to . FISH — protection of. . .• . . . . . commissioners . . . appropriation for . FLUMES — liens on . .' . to cross mining claims . FORCIBLE- -detainer . entry . . . FOREMAN OF GRAND JURY — to make statement to clerk of court. FORGERY — penalty for . . . FORMS — for deeds, mortgages, etc . . . . FOUL BROOD— in bees . . FOXES — destruction of. . . . . FRANCHISES — when lien attaches to . FRAUD — penalty for . * . FRAUDULENT REPRESENTATION . . . . . . FREE SCHOOLS — (see schools) . . . . FUGITIVES FROM JUSTICE . FUNDS — territorial . . . school (see schools). GAME — protection of . . . . commissioners... . . . :....... . . . and birds, protection of . . . . GARNISHMENT— when not valid.. . . . . . 94 93 21 21 45 25 38 5 5 102 55 i7 15 26 95 95 no 95 14 21 21 91 29 INDEX. 155 PAGE. GAS PIPES — laying of. — . 61 GEESE— wild, protection ot . 92 GENERAL FUND OF TERRITORY — annual appropriation from to pay in terest on bonds . 70 appropriation from to pay bonds . 70 expense of sale of bonds to be paid out of. . 69 GEOLOGY AND MINERALOGY— chair of in University . 78 GIRLS — when subjects for reform school... . 97 GOATS — changing marks and brands on . . 6 town trustees may restrain from running at large . . 77 damage done by . 83 GOPHERS — destruction of. . . . . . 15 GOVERNMENT OF TOWNS . 79 GOVERNOR — territorial bonds to be signed by . 68 additional bond of treasurer to be approved by . . 70 territorial board of equalization appointed by . . . 73 may demand the surrender of fugitives . 96 to be member of board of control of territorial library . 99 to appoint territorial librarian . 99 territorial librarian to report to annually . 99 school commissioner to report to . . 111 county superintendent to be commissioned by . . 112 GRAND COUNTY — creating boundaries, etc . . . . 92 officers of. . 93 GRAND JURY — final discharge of. . . . . . . 102 not required to disclose facts . . 102 GRAND LARCENY — stealing sheep made . 12 GREEN RIVER — catching fish in . 23 GREY WOLVES— destruction ofi . 15 GROCERIES — town trustees may license and regulate . 80 GROUND SQUIRRELS— destruction of. . 15 GROUSE — protection of. . 92 GUARANTY — loan and trust associations . . . . . 106 GUARDIAN — to send ward to school . . 135 may send incorrigible ward to reform school . 97 trust and guaranty association may act as . . . . 106 GUTTERING AND CURBING — issuance and payment of bonds for . . 57 streets......... « . 57 HATCHERY — fish, appropriation for . 24 HEALTH — board may make regulations for . .... 79 HEIRS — may consent to order in probate court without publication . 109 HEMP ROPE — bounty for manufacture of. . 33 HERDERS — liens to protect . 85 HERDS — to be examined . . 6 HERDING — and branding cattle . . . . 6 HIDES — removal of from carcass . 6 HIGHWAYS— obstruction of . 3 disposition of penalty and forfeitures . . ;6 paving and repairing of. . . . . . . 56 unused car tracks declared a nuisance . 56 HOGS — branding and herding of. . . . . . 6 trustees of towns may restrain from running at large.......... . 79 damage by stray . 83 HORSES — branding and herding of. . 6 transient, assessing and collecting tax on . 54 trustees of towns may restrain from running at large . 79 damage by stray . . . . . . . 83 lien on for care of. . . . . . 83 HORSE CAR COMPANIES — to pave and keep track in repair . .. . 58 HOTELS— town trustees may license and regulate . . . 80 IDIOTS— disposal of intoxicating liquors to . . . . . . 36 IMPRISONMENT — for violation of town ordinances . 80 for crimes , 95 for life, for murder . . . . . . . 04 INCIDENTAL EXPENSES— appropriation for . . . . . . . 43 156 INDEX. PAGE. INCORPORATIONS— private . 71 building and loan . 7 ofloan, trust and guaranty associations . . 106 INCUMBRANCES — on real estate, insurance against loss from . 106 INDIANS — disposal of intoxicating liquors to . 36 game law applicable to . 92 INJUNCTIONS . 16 INJURIES — liabilities of street railway for . 59 INSANE ASYLUM . 35 appropriation for . 44 territorial bonds to be issued for completing . . 68 INSANE PERSONS — disposal of intoxicating liquors to . 36 INSPECTOR— of bees . 17 INSTRUMENTS IN WRITING — to be recorded in entry book by county recorder 77 form of acknowledgment to . 90 private seal not necessary on . 90 INSURANCE — of titles to real estate . 106 INTEREST— lawful . 18 on delinquent special paving tax . . . payment of on city paving bonds . on curbing and guttering bonds . on territorial bonds, where payable . . . INTERSECTION — of streets, how cost of paving etc., paid . t . improving paid . INTOXICATING LIQUORS — traffic in may be regulated by town trustees . disposal of. . INVOLUNTARY MANSLAUGHTER— penalty for . IRON — bounty to encourage manufacture of . . . pipe, to encourage manufacture of. . . IRREGULAR MAYOR’S DEEDS— validated . IRRIGATION COMPANIES . . . to protect . JACK RABBITS — destruction of. . . . JAIL — town trustees authorized to erect . . . JUDGES — (see probate judges.) JUDGMENT — against street railway for tax . interest agreed upon . in case of lien . . JURORS — appropriation for . . witnesses and reporters, payment of. . , . JURY — grand, final discharge of. . not required to disclose facts . . JUSTICES’ COURTS . complaint of damage done by stock to be filed in . . JUSTICES OF THE PEACE — violation of town ordinance to be prosecuted before proceeds of sale of estray animals to be deposited with... . sale bill of property sold to satisfy lien to be filed with . to send subjects for reform school to district court . brand books, etc., to be delivered to by poundkeeper. . to post description of estray or trespassing stock . to report list of cases to county court . to appoint appraisers for property held for lien . JUSTICES OF SUPREME COURT — to be members of board of control of territorial library . * . . JUSTICE — fugitives from . . . . KILLING — of stock by railways . . . . of game and birds, wantonly.. . . . . . LABOR — liens for . . LAND — forms for conveyance of . . . . . insurance of titles to . . mechanics’ liens on . . . . public, validation of deeds issued for by cities and towns . when subject to lien . . . LANES — town trustees may layout and improve . * . dedication of . . . . . . 55 56 58 68 55 62 80 36 95 32 32 106 12 21 15 81 60 18 30 43 101 102 102 5 83 80 83 87 98 85 84 85 86 99 95 78 92 86 88 106 24 106 28 80 77 INDEX 157 PAGE. LARKS — protection of . 92 LAWFUL INTEREST . 18 LAWS — school (see schools.) LAYING OUT AND PLATTING OF TOWNS . . . 76 LEGISLATURE — may make provisions for redemption of territorial bonds . 70 loan commissioners to report biennially to . 71 territorial board of equalization to be confirmed by . 73 to submit report to . 75 school commissioner to report to . m contingent expenses of . . 1 LEVY — when not valid . 29 of taxes . 50 of sewer tax . 62 of school tax . 123 of special-tax, time of . 62 on property to collect taxes . 53 on real estate to collect taxes . 60 LIBRARIAN — (see territorial librarian.) LIBRARY — (see territorial library.) of natural science, formation of . 79 LICENSE — marriage . . 18 trustees of towns may fix . . 80 LIENS — rank of. . . . 29 for mechanics and others . 24 when taxes become . 50 special tax on railways become . . . 60 school bonds become on taxable property . . 127, 134 on trespassing stock for damage . 84 to protect ranchmen, tavern keepers and others . 85 on baggage for payment of board and lodging . . .. 86 for storage of property . 86 mechanics’ . 86 on real estate insurance against loss from . . . . 106 school taxes become . 125 LIQUOR — disposal of . 36 traffic may be licensed and regulated by town trustees . 80 LIVERY STABLE KEEPERS— liens to protect . . 85 LIVE STOCK — fences to be constructed by railway companies to protect . 78 LOADING STOCK— after night . 7 LOAN AND BUILDING ASSOCIATIONS . 7 LOAN COMMISSIONERS — appointment and duties of . . 68 to make biennial report to legislature . . . . . 71 LOAN, TRUST AND GUARANTY ASSOCIATIONS . 106 LODGING — liens to secure payment of . . . . 86 LOTS — assessment of for special paving tax . 57 penalty for disp sing of before platting . 77 LYNX — destruction of. . 15 MACADAMIZING — manner and cost of . . 55 MACHINERY — when subject to liens . 28 MANSLAUGHTER— penalty for . 95 MANUFACTURES— cement . 14 bounty to encourage . . . [ . . . . 14 MAPS — for use of assessors . 53 of new towns to be filed with recorder . . 77 MARKS — obliterating on stock . 7 MARRIAGE — licenses . 18 MAYORS — deeds by, irregularly acknowledged, validated . . . 106 to be member of board of education . . ...129, 1 31 MECHANICS’ LIENS . 24 for labor and material . 86 MEMORIALS TO CONGRESS — Fourth Judicial district . 138 protest against removal of Ute Indians to Utah . 139 Federal building at Salt Lake City, Utah . . 140 Federal building at Ogden, Utah . 141 deep harbor . 141 158 INDEX. MEMORIALS TO CONGRESS ( Continued ) page. in aid of irrigation . . . . . . . 142 public park . . . '. . 143 relating to school lands . . . . . 143 Legislative Session Utah Legislature . 144 MERCHANTS-^-town trustees may license and regulate . . 80 MINERALOGY AND GEOLOGY — chair of in university . 78 MINES — liens on . 25 when subject to liens . 28 right of way across . . 37 basis of future school of. . . . . 79 MINK — destruction of. . . . 15 MINORS — when subjects for reform school . . 97 disposal of intoxicating liquors to . . . 36 MINUTE CLERKS — -joint resolution relating to . 136 MOAB — made county seat of Grand county . . v . 93 MONEYS — territorial . 14 interest on . 1 MORTGAGE — lien for paving tax on street railway takes precedence of. . 60 abstract of to be lurnished assessor by county recorders . 76 short form of . 89 chattel, time valid . . . . . . 2 MORTGAGEE — to sign cancellation in recorder’s office . 90 MOUNTAIN LIONS— destruction of . . . . . 15 MOUNTAIN SHEEP— protection of . 91 MULES — branding and herding of. . 6 transient, assessing and collecting tax on . 64 town trustees may restrain from running at large . 79 damage by stray . 83 lien on, for care of. . . . 85 MUNICIPAL— charters . 54 officers, trust and guaranty associations may become surety for . 107 MURDER — penalty for . 94 MUSKRATS — destruction of . 15 NARCO TICS — prohibiting sale of to minors . 96 NATIONAL OFFICERS — trust and guaranty association may become surety for 107 NATIVE CEMENT — to encourage manufacture of. . 14 NATURAL SCIENCE — collection for library, formation of. . 79 NESTS OF BIRDS — protection for . 92 NETS— fish . 23 NEW COUNTIES — division of into school districts . 116 NOTICE — disincorporation of towns . 81 (see publication.) NUISANCES — unused railroad tracks to be declared . . 56 trustees of towns to prevent, abate and remove . 79 OBSTRUCTING ROAD OR HIGHWAY— punishment for . 3 OBTAINING GOODS UNDER FALSE PRETENSES . 95 OFFICE — usurpation of. . 72 OFFICERS — of private corporations (see board of trustees). public, prohibited from dealing in court certificates . . 105 trust and guaranty associations may become sole security for . 107 OPIUM — prohibiting the furnishing to and use of by minors . . . 96 ORDERS — of sale in probate court . . . 4 may be granted by probate court without publication . 109 ORDINANCE — by city council appointing board of equalization . 58 fixing salary of board of public works . 63 town trustees to enforce obedience to . . ... 80 ORGANIZATION AND DISINCORPORATION OF TOWNS . 79 PARENTS — may send incorrigible child to reform school . . 97 required to send children to school . 135 PARKS — establishment and improvement of. . 54 PARTRIDGES — protection of. . 92 PASSENGER TRAINS — departure to be bulletined . 34 PAVEMENT — power of city council to order.. . 55 plank, street railway to construct . 56 PAVING — power of city council to create districts for . 55 INDEX. 159 PAVING ( Continued) — bonds, district, issuance and payment of. . . city, issuance and payment of. . limitation of amount that may be issued . PAYMENT — territorial bonds . - . PEDDLERS — town trustees may license and regulate . PENAL CODE — relating to murder, etc . stealing sheep . PERJURY — who guilty of. . PHEASANT — protection of. . . PHONOGRAPHIC REPORTERS— payment of . certificate to be issued to for services . . PHOTOGRAHERS — town trustees may license and regulate . PHYSICIANS — town trustees may license and regulate . when required to certifiy to prescriptions for liquor — may prescribe narcotics to minors . . PIGS — (see hogs.) PIPES — iron, bounty to encourage manufacture of. . . laying of . town trustees may construct and repair . PLANK-PAVEMENT — street railway to construct . . PLATS — of new town, filing of. . . . PLATTING AND LAYING OUT OF TOWNS . POOL ROOMS — town trustees may license and regulate . PORTLAND CEMENT — to encourage manufacture of . . POSSESSION — summary proceedings to obtain . POULTRY — trustees of towns may restrain from running at large. POUND KEEPER — to deliver brand books, etc., to justices . POWER OF ATTORNEY — to release dower . PRATRIE CHICKENS— protection of. . PRECINCT ELECTION — to vote on fencing farms . PRESIDENT — duties on disincorporation of town . PRIMARY SCHOOLS— (see schools). PRISONERS— expense of boarding to be paid by corporation . PRIVATE CORPORATIONS . . PRIVATE SEALS — use of not necessary . PROBATE COURT — power to grant orders without publication... PROBATE JUDGES — ignored bv county court . deeds issued by validated . . PROBATE PROCEDURE . PAGE. .. 56 - 57 - 63 .• 7i . . 80 • • 94 .. 12 .. 105 .. 92 .. 103 .. 103 .. 80 .. 80 .. 37 • 97 .. 32 .. 61 .. 80 .. 56 .. 76 .. 80 ... 14 •• 37 •• 79 .. 85 .. 20 .. 92 .. 82 .. 82 .. 80 •• 7i .. 90 .. 109 .. 96 ... 106 .. 4 PROPERTY — lien on for storage, etc . PROSECUTING ATTORNEY — to sue for penalty for illegal sale of town lots . to collect taxes . . . PROTECTION — of game and birds . . PUBLICATION — of delinquent tax ‘list . of notice of tax levy . . . of sale of territorial bonds . of change in assessment roll . . . of disincorporation of towns . of sale of estrays . . . to satisfy lien . for bids for building school houses . for convention to decide on school text books . of school elections . . of meeting to vote school bonds . . of summons on owner of trespassing stock . ^..., . . . . of statement of resources and liabilities of loan, trust and guaranty associations . of school laws and reports . . probate courts may grant order without . . . . PUBLIC AUCTION — to sell property to satisfy lien . for sale of estrays . . PUBLIC GROUNDS — establishment and improvement of . PUBLIC IMPROVEMENT — special tax ta cover cost . PUBLIC LANDS — deeds to, validated . . PUBLIC OFFICERS — prohibited from dealing in court certificates . 85 77 52 9i 53 64 69 75 81 83 86 127 122 129 133 84 107 hi 109 87 83 54 61 106 105 160 INDEX. QUAIL — protection of. . California not protected . . — . QUARANTINE — regulations may be made by town trustees..., QUIT CLAIM DEEDS— short form of. . RABBITS — jack, destruction of. . c. . RAILROAD CORPORATIONS . .' . . consolidation of . RAILROADS — liens on.., . . to bulletin time of departure of trains . across mining claims . required to pave track in cities . liable for injuries . . . special tax for paving track . paving tax becomes a lien on . . to maintain fences and cattle guards . . unlawful to furnish cars to load stock at night . RAILROAD TRACKS — pavement of in cities... . unused declared a nuisance . . . RANCHMEN — liens to protect . REAL ESTATE — contract, agreement or bond for sale of. _ taxes a lien on . . . assessment for special paving tax . insurance of titles to . loan and trust association may sell and mortgage... RECEIVER — guaranty associations may act as . RECORDER — (see county recorder.) (see city recorder). REDEMPTION — of property.. . fund to redeem territorial bonds . . of territorial bonds . . . REFEREE — trial by . REFORM SCHOOL . . . appropriation for . territorial bonds to be issued for completing . trustees not eligible for superintendent. .. . . who subject for . . . trustees to estimate cost of keeping inmates . . justices to send subject for to district court . . REFUSAL — to pave railway track in cities . REFUGE — house of (see reform school). REGULATING MARRIAGE . RELEASE — of dower . . of mortgage, form of. . . . RELIEF OF CITIES. AND TOWNS ON PUBLIC LANDS... RENT — lien on baggage to secure payment of. . notice for . of public offices, appropriation for . REPAVING STREETS AND ALLEYS — manner and cost of. REPORT — of loan commissioners . REPORTERS, PHONOGRAPHIC— payment ot . certificate to be issued to for services . REQUISITION — for fugitive from justice . RESERVOIRS — liens on . . . . REVENUE — relating to . ... school (see schools). REWARDS — for detecting violation of stock law . . for destruction of wild animals . RIDING — town trustees may prohibit on sidewalks . . . RIGHT OF WAY — when lien attaches . . across mining claims . ROADS — punishment for obstructing . . . liens on . railways to construct cattle guards at crossings . and bridges, appropriation for.? . . ROPE — bounty for the manufacture of. . PAGE. ... 92 ... 92 !5 3 35 25 34 38 59 59 59 60 78 7 56 56 85 19 5o 57 106 107 106 30 70 70 4 ... 44 ... 68 .. 97 ... 97 ... 98 ... 98 - 59 ... 18 ... 19 ... 90 ... 106 ... 86 - 37 43 55, 56 ... 71 ... 103 ... 103 ... 96 .. 25 • 50 .. 6 -• 15 .. 80 .. 26 ■» 37 ... 3 •• 25 .. 78 .. 46 •• 33 INDEX. 161 PAGE. SAGE HENS — protection of. . . . 92 SALARIES — appropriation for . 43 SALE BILL — of property sold to satisfy lien . 87 SALE OF PROPERTY — to satisfy lien . 30 to collect taxes . 54 SCHOOL — reform . 2 commissioner, appropriation for . . 43, 46 of mines, basis of . 79 SCHOOL HOUSES — (see schools.) SCHOOL TAX— levy, assessment and collection of . 50 assessment of on transient stock . . 64 SCHOOLS— adults, admission of to . 125 annual enumeration . 119 apparatus, purchase of. . 132 apportionment of funds . 123 territorial auditor to certify to . no assessment of tax . 117 prior to passage of act . 136 assessor, additional bonds of. . 124 compensation of for assessing special tax . . ..' . 124 to assess special district tax . 124 assignment of studies to pupils . 121 attendance, compulsory . 135 auditor (see territorial auditor). bids, to build school houses . 127 blank forms, territorial commissioner to prepare and transmit . no board of education to elect its own officers . . 129 organization of. . 129 in cities . 128 to elect superintendent of district schools . 129 to till vacancies . 129 to call meeting to vote on bonds . 129 to appoint judges of election . 133 judges of election to make returns to . 133 to file notice and statement with county clerk . 133 powers of. . . . 13 1 trustees to be members of. . 131 to audit claims . 131 registration list to be filed with clerk of. . 129 authorized to issue bonds . 134 clerk to register bonds . . 135 to make return of tax levy to county clerk ajid assessor . 124 vacancies in . 120 to prohibit attendance of pupils infected with con¬ tagious diseases . 125 president to ascertain cause of non-attendance . 135 to canvass votes . 133 clerk, duties of. . . 129 compensation of. . . 130 to make semi-annual statement . . ... . 130 to sign bonds . 126 board of equalization to equalize district school tax . 124 of examiners, who shall constitute . 114 duties of. . . . 1 14 may revoke teachers’ certificates . 113 may recommend issuance of territorial certifi¬ cates . iii) 115 of trustees (see school trustees). bonds to become a lien on taxable property . . 127, 134 cancelation of. . . . 127, 134 denomination of. . 126 form of. . . . 126 interest on . 126 INDEX. 162 SCHOOLS ( Continued ) — page. bonds, issuance of . 125 limit of issuance of . 126, 134 meeting to vole on . 116, 133 negotiation for sale of . 127 notice of meeting to vote on . . . 125 payment of . 134 interest on . 134 redemption of . . . . 126, 127 registration of. . 135 relusal to levy tax for payment of.... . 134 sale of . 127 signature to . 126 ot county superintendent . . 112 to be filed with county clerk . 112 of city superintendent . 130 which districts may issue . 128 books, furnishing of free . 122 purchase, etc., of . . 132 teachers to enforce use of . . . . . 122 text, furnishing free . 132 boundaries, of districts, changing of . 116 district . 112 to be recorded in county court . 112 branches to be taught in . . , . . 121 calendar . 119, 121 cancellation Of bonds . 127, 134 canvassing votes . 117 on bonds . 133 census, apportionment of funds according to . no certificates, examination of teachers for . 115 where valid . 115 territorial, issuance of . . . in expiration of. . 121 temporary . 115 may be revoked by board of examiners . 113, 115, 121 qualifications for securing . 115 of election, issuance of . 117 in cities . 128 to be printed on back of bonds . 126 changes of text books . 122 challenges at polls . 117 city, government of . 128 • superintendent, compensation, duties of, etc., . 130 recorder, superintendent to take oath before . 130 clerk of district board t - act as clerk of election . 117 board of education (see board of education). closing of during institute . 121 clerk, county (see county clerk). collector, compensation for assessing special tax . 124 to collect special tax . 124 additional bond of . 124 certificate of levy to be furnished to by board . 132 to place levy of school tax on assessment roll . 132 collection of tax levied prior to passage of school law . 136 of taxes 124 contract with teachers . 118 when void . 115 commissioner, (see territorial commissioner). compensation of teachers . 121 computation on special taxes . . 124 committee, examining, powers and duties of . 13° compulsory attendance . 135 conflicting acts repealed . . . 135 contagious diseases, pupils infected with, prohibited from attending- 125 convention to decide on text books . . 122 INDEX. 163 SCHOOLS ( Continued ) — page. county assessor (see assessor). board of examiners (see board of examiners). clerk, oath and bond of county superintendent to be filed with 112 bond of school trustees to be filed with . 116 to notify commissioner of vacancy in office of superin¬ tendent . 120 school board to make return of tax levy to . 124 to compute district school taxes . . . . 124 notice of vote on bonds to be filed with . 126 trustees to file assessment of tax with . . 117 collector (see collector). courts, superintendent to present expense account quarterly to 114 receipt to . 113 to equalize district school taxes.. . 124 to determine compensation of county treasurer . 124 statement, etc., of vote for school bonds to be filed with 126 to levy school tax when trustees neglect . ^ 127 to appoint county superintendent in case of vacancy... 120 may appoint school trustees . 120 to make annual levy of school tax . . . 123 may remove board of examiners . 114 may change boundaries of school districts . 116 may create school districts . 116 to divide counties into school districts . 116 to levy school tax if board should neglect . 134 boundaries of school districts to be recorded in . 112 to appoint board of examiners . . 114 to determine compensation for board of examiners . 114 superintendent, vacancy in office of. . 120 annual statement of trustees to be filed with . 120 to see that shade trees are planted . . ... 120 to be notified of beginning and closing of term . 121 to make apportionment of fund . . 123 when authorized to withhold apportionment . 123 election of. . 112 bond to be filed with county clerk . 112 territorial commissioner to advise with . hi to be commissioned by governor . . 112 to take oath before city recorder . . . 130 to serve until expiration of term . 136 to keep record of visits to . . . . 113 duties of . 113, 130 to meet with school officers . 113 to decide controversies . . . 113 power to administer oaths . 113 to see that pupils receive proper instructions . 113 compensation of. . . 114, 130 may appoint deputy..... . 114 to hold teachers’ institutes . 114 to notify teachers ot time of holding institute . 114 to be chairman of board of examiners . 114 may grant temporary certificates . 115 trustees to file assessment of tax with . 117 copy of certificates of election to be filed with . 117 taxes . 124 treasurer to report to territorial commissioner . 1 24 warrant for school funds to be drawn on . . no compensation for handling school fund . 124 school fund, expense of superintendent to be paid out of . 114 coupons, cancellation of. . 127 payment and cancellation of. . T34 court, county (see county court) debts to be paid by board . 131 delinquent special tax . 125 deputy superintendent, appointment of . 114 INDEX, 164 SCHOOLS ( Continued ) — page. diplomas issued by university entitle holder to certificate . 115 discontinuance of . 118, 119 diseases, contagious, pupils infected with, prohibited from attending.. 125 disorganization of districts . 131 disposal of school property . . . 131 district corporations . 115 creation of . 116 boundary lines . 112, 116 bonds, (see school bonds.) county or city may become a . . . 115 disorganization of .. . 131 in new counties . 116 inspection of . .... 113 petition (or formation of. . 116 officers, resignation of. . 120 offices, vacancies in . 120 ^ school moneys . 124 election, of trustees . 116 notice of. . . 117 who entitled to vote at . 112 judges of in cities . 128 for trustees in cities . 128 notice of holding . 129 to vote bonds . . . 133 of county superintendents . 112 employment of teachers . 118 enumeration of pupils, annual . . . . . 119 erection of school houses . . . 119 establishment of . . 131 estimate of levy of taxes . . . 132 annual . 134 examination of teachers . 114 examining committee, appointment and duties of. . 130 board may revoke teachers’ certificates . 113, 115, 121 exchange of school house site . . . 119 exemption of property from taxation . 132 expulsion of pupils . 118 fixtures, purchasing, etc . 132 forms, blanks to be prepared by territorial commissioner . no form of bond . 126 certificate to be printed on back of bonds . 126 free . no free text books, furnishing of . 132 fund, apportionment of. . . . no, 123 abstract of apportionment of . . no auditor to draw warrant for . no furniture, furnishing of . 118 purchasing, etc . 132 graded, assignment of studies in . . . . 129 guardians required to send children to school . 135 high, establishment and maintenance of . . 131 holidays, payment of teachers on . 121 house, use, erection, removal of, etc . 119 bids to build . . . 127 site, sale of . 119, 131 immorality of teachers . 118 industrial, establishment and maintenance of ... . . 131 infectious diseases, pupils infected with prohibited from attending . 125 institute, closing of school during . .. . 121 expense of holding . 114 notice and holding of. . 121 teachers to be notified of . . . . . 114 union, holding of. . 114 judges of elections to decide challenges . . . ir7 in cities . 128 INDEX. 165 SCHOOLS ( Continued ) — page. judges of elections, appointment of. . 133 duties of. . 133 laws and reports, publication of. . 111 legal holidays, payment of teacher on . 121 levy of taxes . 124 special taxes . . 124 to pay interest on bonds . 127 of tax. refusal or neglect to . . 127, 134 annual . 134 prior to passage of act validated . 136 libraries, establishing and support of . . 132 lien, school taxes to become a . 124 bonds to become on taxable property . 127 location of. . 118, 131 maintenance of . 118, 131 manuel training, establishment of . 131 maps, furnishing of to . 118 mayor to be president of board of education . 129, 131 meeting to locate school house . 119 to vote bonds . 125. 133 miscellaneous . . . 125 new counties, divisions of into districts . 116 normal diplomas issued by university entitle holder to certificate . 115 notice of elections . 117 officers prohibited from acting as publisher’s agents . 125 of board <*f education to report annually . 129 holding office at time of passage of act . 131 to serve out term . 136 organization of . 118 petition for . 119 parents to send children to school . 135 payment of bonds . 134 petition for meeting to vote on bonds . . 126 to call meeting to locate, etc . 119 polls, when open . 117 powers and duties of school trustees . . 118 president of board of education, duties of . 129 to ascertain cause of non-attendance of pupils. 135 primary, establishment and location of. . 131 property, control of. . 118 sale of. . 132 disposal of . 131 proposals to furnish text books . . 122 to build school houses . 12'/ publishers, contract with . 123 pupils to be instructed in required branches . 113 purchase of school house site . . . . . 119 qualification of officers, etc . . 121 recorder (see city.) record of visits to . — 113 redemption of bonds . 126, 134 register, teachers to keep . 121 registration of voters . 117 removal of school house . 119 repairs of school house...., . 118 repeal of conflicting acts . 135 reports, county superintendent tojnake annually . 113 of school officers to be made annually . 129 of clerks of board to be made annually . 130 to be made to legislature . . . hi revenues, territorial commissioner to have charge of. . no salary of teachers, payment of. . 121 sale of bonds . 127 property . 132 school house or grounds . 119 INDEX. 166 SCHOOLS ( Continued ) — page. selection of school house site . 119 shade trees to be planted on school grounds . 120 sinking fund to pay bonds . 127 use of . 224 statement of trustees to be made annually . 120 filed with county superintendent . 120 studies to be taught in schools . 121 special tax, levy of . . . 124, 132 superintendent (see county superintendent). supplies, furnishing of . 118 purchasing, etc . 132 suspension of pupils . 122 school . 121 taxes, assessment of. . 117 annual levy of. . 123 levy of to pay interest on bonds . 127 limit of levy . 132 levy prior to passage of act . . . 136 meeting to vote on, how called . 116 estimate and levy of. . 132 property exempt from . 132 collection of . . . . . 124, 132 (see county tax.) special levy of . 124, 132 delinquent . 125 territorial . 123 voting on . 116 teachers, duties of. . 121 territorial commissioner to advise with . in to notify county superintendents of opening terms, etc . 121 to keep school registers and make reports . . . 121 to file report with clerk and county superintendent . 121 to be paid for legal holidays . 121 to be notified of time of holding institutes . 114, 121 to close school during institute . 121 to assign proper studies to pupils . 122 to enforce us^ of prescribed text books . 122 to give moral instructions . 122 to teach in English language . 122 contracts . . 118 certificates, grade of . 115 expiration of . 121 may be revoked . 113, 121 employment and expulsion of . 118 examination of. . 114 institute, expenses of, etc . 114 notice and holding of. . 121 discharge of. . 113 may suspend pupils . 121 branches to be taught by . 122 payment of salary to . 121 prohibited from acting as publishers’ agents . 125 not entitled to compensation without holding certificate . 121 temporary teachers’ certificate, granting of. . 115 term of . 119 opening and closing of . 121 of office . 131 territorial auditor to draw warrant for funds . no, 123 to certify to apportionment . no commissioner to file statement of expense with . 112 certificates, issuance of . 115 commissioner may order payment of funds . 123 expiration of term of....* . 112 penalty for failure to visit each county . 112 salary of... . no INDEX. 167 SCHOOLS ( Continued ) — page. territorial commissioner to advise with county superintendent . in to receipt for reports . . . 113 to make affidavit showing counties visited . 112 county superintendent to report annually to.. 113 to furnish information to United States com¬ missioner . . 1 12 to receive bids for text books . 122 to call convention to decide on text books... 122 county treasurer to report to . 124 to visit each county . no duties of. . no fund, apportionment of. . 123 tax . 123 treasurer, handling of fund by . 123 text books, furnishing of free . . 132, 122 teachers to enforce use of. . 122 convention to decide on . 122 changing of . 122 notice of convention to decide on . 122 proposals to furnish . 122 enforcement of use of . 123 transfer of pupils . 118 treasurer of board of education, who to be . 130 duties, etc., of . 130 limit of expenditures of . T30 (see county treasurer.) to countersign bonds . 126 trustees, annual statement of to be filed with county superintendent... 120 appointment to fill vacancy . . . 120 authority to negotiate and sell bonds . . . 120 election Of in cities . ....116, 128 first meeting of . 1 16 may issue bonds . 125 redeem bonds . 126 permit use of schoolhouse for other purposes . 118 suspend and expel pupils . 118 collect tuition from outside pupils . 118 change pupils . 118 neglect or refusal to levy tax . . . 127 oath and bond of . . 116 qualification of. . 116 quorum for transacting business . . . 116 powers and duties of . 118 penalty for refusing to enforce use of text books . 123 to assist teachers in government of schools . 118 to make written contract with teachers . 118 to furnish furniture . 118 to repair school houses, etc . 118 to organize and maintain schools . 118 to secure copy of registration list prior to election . 117 to act as judges of election . 117 to file record of school meeting with superintendent and clerk 117 to call meeting to vote on bonds . 116, 125 taxes . 1 16 to make annual statement . 120 to award contract to build schoolhouse . . 127 to advertise for bids to build schoolhouse . 127 to levy tax to pay interest on bonds . . . . . 127 to be members of board of education . 131 to cause clerk to make annual enumeration . 119 to cause shade trees to be planted on school lots . 120 to keep accurate journal of proceedings . 120 to ascertain cause for non-attendance of pupils . . . 135 . to serve to end of term . . . . . 136 term pf office of in cities...... . . . *...« . . 128 INDEX. 168 SCHOOLS ( Continued ) — page. trustees, when appointed by county court . 120 tuition may be charged outside pupils . 118 Lee . 125 union institutes, holding of . 114 vacancies in office of trustees . 117, 129 in school offices . 120 validation of tax levy . 136 violation of teachers’ contracts . 118 votes, canvass of . . . . 117 registration of at elections . 129 voting, manner of . 129 vote, who entitled to . 117 registration of, at elections . 129 on bonds, canvass of . 133 warrants, issuance of . 129 year, commencement and close of . 129 SCIENCE LIBRARY AND COLLECTION— formation of. . 79 SEALER OF WEIGHTS AND MEASURES — (see territorial'sealer of weights and measures). SEALS — private, use of not necessary . . 90 SECRETARY OF THE TERRITORY— to publish statistics . 67 bonds to be signed by . . . 68 additional bond of territorial treasurer to be filed with . 70 territorial statistician to furnish statistics to . 67 claims for bounties on manufactured articles to be made to . 33 appropriation for expenses of . 49 to be memoer of board of control of territorial library . 99 to be examiner of loan, trust and guaranty associations . 107 SECURITIES — trustee and guaranty associations may become . . 107 SEINES — for taking fish . 23 SEVIER AND SANPETE COUNTIES— boundaries of . 13 SEWERS — connections to be made before paving streets . 61 tax may be levied by city council . 62 SHEEP — removal of pelt from carcass . . 6 branding and herding of . 6 stealing of . 12 trustees of towns may restrain from running at large . 79 damage done by . 83 lien on for care of . . 85 mountain, protection of . 91 SHERIFFS— appropriation for . . . 45 SHIPPING — of game from territory . . 92 stock after night . 7 SHOWS — town trustees may license and regulate . . 80 SIDEWALKS — construction and repairing . . 54 town trustees may lay out and improve . 80 SINKING FUND — for payment of district paving bonds . 56 paving and guttering bonds . . 58 SLAUGHTERING CATTLE . 6 SLAUGHTERERS — town trustees may license and regulate . . 80 SNIPE — protection of . 92 SNOW BIRDS — protection of . . . 92 SPARROWS — destruction of . . 15, 92 SPAWN — distribution and care of . . 22 SPECIAL TAX — power of city council to levy for sidewalks, etc . 55 for paving purposes, when delinquent . . 55 for paving street railway tracks . . 59 becomes a lien . 60 maimer of levying and assessing for public improvments . 61 when to be levied . . . . 62 SQUIRRELS— ground, destruction of . . . 15 STATE OFFICERS — trust and guaranty association may become sole surety for. 107 STATISTICIAN — (see territorial statistician). STATION AGENT — to bulletin departure of trains . 34 STATISTICS- bureau of . 66 INDEX. 169 STATISTICS ( Continued ) — page. penalty for refusing to furnish . . 66 to be published by territorial secretary . . . . 67 STOCK — herding and branding of . . . . 6 detective, compensation of . . 6 penalty for unlawful driving of . . 6 shipment of . 7 loading at night . 7 transient, assessing and collecting taxes on . 65 fences to be constructed by railway companies for protection of . 78 trustees of towns may restrain from running at large . . 79 lien on for care of . *. . ... . . 85 STORAGE — lien on property to secure payment for . 86 STREETS — improvement of . 54 how costs of paving intersections paid . 55, 62 dedication of . 77 railway companies to construct cattle guards at crossings . 78 town trustees may lay out and improve . . . 80 STREET RAILWAYS— to keep track in repair . 56 to construct plank-pavement between tracks . 56 track declared a nuisance when unused . 56 companies required to pave and keep tracks in repair . 59 special tax for paving track . 59 SUB CONTRACTOR— who so deemed . 25 when to file statement . 26 limit of responsibility for claims . . . 28 SUBPCENA — failure to obey . . 74 when issued by Territory in criminal cases . . 103 SUGAR — bounty for the manufacture of . 33 SUMMARY PROCEEDINGS— to obtain possession . 37 SUMMONS — in case of liens . . . 30 to be issued on owner of trespassing stock . . . . . 84 SUPERINTENDENT — (see county superintendent.) SUPERVISORS— duties of . 16 SUPPLEMENTAL ASSESSMENT— tor street improvements . 56 SUPREME COURT JUSTICES— members of board of control of territorial library 99 SURETIES — guaranty associations may become . . . . 107 SURGEONS — town trustees may license and regulate . 80 SURVEYORS — when entitled to lien . 26 maps of new town to be certified by . . 77 SWALLOWS — protection of . 92 SWINE— (see hogs). SYSTEM — of free schools . no TACKLE— fish . 23 TAVERNS — town trustees may license and regulate . . 80 keepers, liens to protect . 85 TAXES— irrigation companies . 12 manufactures of cement exempt from . . 14 assessment, levy and collection of. . 50 remission of . 52 list, publication of delinquent . 53 to be submitted to city board ot equalization . 58 notice of completion of . 58 (see schools.) suit to recover . 58 collection of delinquent street railway paving tax . . . 60 may be levied by city council to construct sewers, etc . 62 assessing and collecting of on transient stock . . . 64 county, division of on transient stock . 64 may be imposed on sale of liquors, etc . 80 on land, payment of. . 89 water, town trustees may annually assess . 80 (see exemption) equalization of territorial and territorial school . 73 (see equalization.) (see schools.) 170 INDEX. PAGE. TEACHERS — (see schools.) TERRITORIAL — auditor (see auditor of public accounts.) board of equalization, creation and duties of. . 74, 75 bonds (see bonds.) certificates (see schools). commissioner of schools (see schools). • fish and game commissioner . 21 funds . 14 institutions — appropriations for . 50 legislature — (see legislature.) librarian, to make annual report to governor . 100 appointment an*d duties of. . 98 appropriation for salary and expenses of. . 43 made territorial statistician . 66 library, regulation of . 99 officers, trust and guaranty associations may become sole surety for... 107 recorder of marks and brands, appropriation for incidental expenses of. 43 reform school (see reform school). schools (see schools). school fund (see schools). secretary (see secretary of Territory). statistician, duties of. . 66 county clerk to compile and transfer statistics to . 67 sealer of weights and measures, appropriation for incidental expenses of. 43 taxes, assessment, levy and collection of. . 50 equalization of. . 73 treasurer . 14 to pay bounty . 32 warrants to be paid by . 34 appropriation for salary and expenses of. . 43 bonds to be countersigned by . 68 to give additional official bond . . . . 70 warrant for interest on territorial bonds to be drawn on . 70 for school fund to be drawn on . no order for expense of territorial school commissioner to be drawn on . 112 to advertise that he will redeem bonds . 70 to file statement concerning territorial bondsj . 71 to set apart fund for payment of court expenses . . 105 to pay bill of expenses for bringing back fugitives from j ustice. 96 to report to territorial school commissioner . . . 124 compensation for handling school funds . . . 124 treasury, expenses of world’s fair commissioners to be paid out of.. 91 clerk of court to pay moneys into . 102 salary of statistician to be paid out of. . 66 moneys to be placed in redemption fund by . 70 accounts of board of equalization to be paid out of. . . 75 THEATRICALS— town trustees may license and regulate . 80 TIMBER— floating or rafting of. . . . 21 TITLES — to land, conveyance of . 88 defective, cured . 2 to real estate . 106 TOBACCO — prohibiting the furnishing to and use of by minors . 96 TOLL ROADS — liens on . . . 25 TOWNS AND CITIES — deeds issued by validated . . 106 laying out and platting of. . 76 organization and disincorporation of. . 79 TOWNSITES — manner of drawing money . 5 TOWN TRUSTEES — (see board of trustees.) TRACKS — of street railways to be paved and repaired . 56 declared a nuisance when unused.. . . ........ 56 TRAINS— departure of to be bulletined . 34 dispatchers to bulletin time and departure of . 34 TRAMWAYS — across mining claims . 38 liens on . 25 INDEX. 171 PAGE. TRANSIENT STOCK — assessing and collecting tax on . 64 TRANSPORTING GAME FROM TERRITORY— penalty for . 92 TRAVELING — town trustees may license and regulate . 80 TREASURER — (see territorial treasurer.) (see county treasurer.) TRESPASSING ANIMALS . . 82 TROUT — protection o( . 23 TRUST, LOAN AND GUARANTY ASSOCIATIONS— organization of. . 106 TRUSTEES — of irrigation companies . '. . 12 of private corporations (see board of trustees). of territorial reform school not eligible to be superintendent . 97 to estimate cost of keeping inmates . 98 of towns (see board of trustees). to sign cancellation of mortgage in recorder’s office . . . 90 of schools (see schools). TUNNELS ACROSS MINING CLAIMS . 38 TWINE — bounty for manufacture of. . 33 UNIVERSITY — (see Deseret University) lands, commissioner to locate, appropriation for . 48 library (see territorial library). UNLAWFUL DETAINER . UNITED STATES COMMISSIONER OF EDUCATION— territorial commis¬ sioner to furnish information to . USURPATION OF OFFICE . UTAH LAKE — catching fish in . UTAH REPORTS— joint resolution relating to . UTAH TERRITORIAL LIBRARY— (see territorial library.) VACANCIES — in school offices . . VALIDATION — of irregularly issued city deeds . VENUE— change of. . payment of cost for change ol . VOTES — (see schools). WAGON ROADS— liens on . WALKS — town trustees may lav out and improve . WANTONLY KILL.NG GAME— punishment for . WAREHOUSEMEN — may have lien on property for storage . WARRANT — for taking bov or girl to reform schoo1 . . WARRANTY DEED— short form of. . WATER GATES — to prohibit floating timber from obstructing . WATER DITCHES— liens or . town trustees may lay out and repair . WATER-PIPE — lines, across mining claims . . laying of . . . . town trustees may lay out and repair . WATER RIGHTS— when lien attache- . WATER TAX — town trustees may annually assess . WEASELS — destruction of — . . WHARFS — liens on . . . . WHIPPORWILLS — protection of . . . WILD ANIMALS — destruction of . WILD CATS — destruction of. . WILD DUCKS— protection of . . WILD GEESE — protection of . . . WILLS— may be admitted to probate without publication of notice . WITNESSES — payment of . . . . required to report daily . WOLVES — destruction of. . . . . WOODPECKER— protection of . L . WORKMAN — may have liens for services . WORLD’S FAIR COMMISSIONERS — powers and duties of. . WRIT OF ERROR — trust and guaranty association may become surety upon. .. .. WROUGHT IRON PIPE — bounty for manufacture of . 5 112 72 23 136 120 106 73 73 25 80 9i 86 97 88 21 25 80 38 61 80 26 80 15 25 92 15 15 92 92 109 101 102 15 92 86 91 107 32 '