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session or under the control of any person or persons contrary to law, to deliver to any person authorized in writing to receive the same, a true and perfect sample of each article seized by virtue of such warrant, for the purpose of having the same analyzed; such analysis to be made by a chemist of any state institution and the result of such analysis or test shall be recorded and preserved as evidence, and the expense of such analysis or test, not exceeding twenty dollars in any one case, may be included in the cost of such prosecution. If any sample be found to be imitation butter or imitation cheese, or substance designed or intended to be used as an imitation of butter or cheese, and that the same, at the time of such seizure, was in the possession or under the control of any person or persons contrary to any of the provisions or requirements of this title, then and in such case the property so seized shall be confiscated under the direction of the court or magistate; otherwise the said property shall be forthwith returned to the person or persons from whom it was taken. ['96, p. 168.

TITLE 16.

DENTISTS.

747. Unlawful to practice, when. Certificate. It shall be unlawful for any person who was not, on or before March eighth, eighteen hundred and ninety-four, regularly engaged in the practice of dentistry in the territory of Utah, to practice dentistry in this state without having a certificate of registration of the board of dental examiners, and without filing the same as hereinafter provided. ['94, p. 61*.

748. Board of dental examiners. The board of dental examiners shall consist of five members, appointed by the governor, by and with the advice and consent of the senate, from among practicing dentists of the state at large. ['94, p. 61*.

749. Id. Terms of office. The members of the board hereafter appointed shall hold office for the term of four years, and until their successors shall be duly appointed and qualified. Members heretofore appointed shall serve for the term appointed. ['94, p. 61*.

750. Id. Officers. Seal. The board shall choose a president and a secretary from among its members and shall have an official seal. ['94, p. 62*.

751. Id. Quorum. Record. A majority of the board shall constitute a quorum, and the board shall keep a record of its proceedings which at all reasonable times shall be open to public inspection. ['94, p. 62.

752. Id. Meetings. Notice. The board shall meet at least once in each year, and oftener if necessary, at such times and places as it shall provide. Notice shall be given of each meeting at which applications for certificates will be considered, by publication for at least one week in some newspaper having general circulation in the state. ['94, p. 62*.

753. Examination for certificate. Any person not having a certificate of the board of dental examiners who shall desire to begin the practice of dentistry in this state, shall present a diploma or certified copy thereof to the board of examiners for their approval, or shall appear before the board for examination at any of its regular meetings. To be eligible for such examination, the applicant shall give satisfactory evidence of having practiced dentistry for at least two years, or of having been a bona fide student for at least two years under the immediate supervision of a licensed dentist. The examination shall be elemen

tary and practical, but sufficiently thorough to test the ability of the applicant to practice dentistry, and shall include anatomy, physiology, chemistry, dental medicine, metallurgy, histology, pathology, operative, surgical, and mechanical dentistry, and also demonstrations in operative and mechanical dentistry.

754. Issue of certificate. If the examination shall prove satisfactory to the board of dental examiners, it shall issue a certificate of registration to the person examined. ['94, p. 62*.

755. Graduates entitled to certificate. The board shall indorse as satisfactory the diploma of any reputable dental college recognized by the national association of dental examiners, and, upon the holder of such diploma furnishing satisfactory evidence of his right to the same, shall issue to such person a certificate of registration. All certificates issued by said board shall be signed by the president and secretary, and shall have the seal of the board attached thereto. ['94, pp. 62-3*.

756. Temporary certificates. Two members of the board may grant to an applicant a license to practice dentistry until the next regular meeting of the board, at which time such license shall expire. Notice of the granting of such license shall be given to the board; provided, that such temporary license shall not be granted to any person who has been rejected by the board. ['94, p. 63*.

757. Fees. Annual report. In order to provide means for carrying out and maintaining the provisions of this title, the board of dental examiners shall charge each person applying to or appearing before it for a certificate of registration, the sum of five dollars, which fee shall in no case be returned. Out of the funds coming into the possession of the board, all legitimate and necessary expenses of the members of the board incurred in attending the meetings thereof shall be paid, and no part of the expenses of the board shall be paid out of the state treasury. For the safe keeping of the same, the secretary shall give such bond as the board shall require. On or before the first day of December of each year, the board shall make to the governor a report of its proceedings during the year, itemizing in such report all receipts and disbursements. ['94, p. 63*.

758. Certificate to be filed with county clerk. Every person who shall receive a certificate of registration from the board of dental examiners shall, within sixty days after the issuance thereof, cause such certificate, or a copy thereof, to be filed with the clerk of the county where such person resides, or with the clerk of any other county or counties in which such person may desire to engage in the practice of dentistry. Any failure, neglect, or refusal on the part of any person holding such certificate of registration to file the same with the county clerk as aforesaid for a period of six months after receipt of the same, shall work a forfeiture of the certificate; and no certificate when once forfeited, shall be restored except upon the payment to the board of dental examiners of the sum of twenty-five dollars as a penalty for such neglect, failure, or refusal. ['94, p. 63*.

759. Penalties. Teeth may be extracted without license. Any person who shall violate any of the provisions of this title, or who shall knowingly and falsely claim to have or hold a certificate of registration of the board of dental examiners, or who shall falsely and with intent to deceive the public claim and pretend to be a graduate of any incorporated, reputable dental college, or who shall have registered under one name and practiced dentistry under another name, with intent to deceive the public, shall be guilty of a misdemeanor; provided, that nothing in this title shall be construed to prohibit any person from extracting teeth without the license herein before provided. ['94, p. 64*.

TITLE 17.

DRAINAGE DISTRICTS.

760. Who may propose organization. Whenever fifty or more, constituting a majority, of the holders of title or of evidence of title, to lands susceptible of one mode of drainage from a common source and by the same system of works, desire to provide for the drainage of the same, they may propose the organization of a drainage district under the provisions of this title. equalized county assessment roll completed at the time next preceding the presentation of a petition for the organization of a drainage district shall be sufficient evidence of title for the purposes of this title. ['96, p. 573.

761. Petition. Presentation. Publication. A petition shall first be presented to the board of county commissioners of the county in which the lands, or the greatest portion thereof, are situated, signed by the required number of holders of title, or of evidence of title, and shall set forth and particularly describe the boundaries of the proposed district, and shall pray that the same may be organized under the provisions of this title. The petition shall be presented at a regular meeting of the board of county commissioners and, for at least two weeks before the time at which the same is to be presented, shall be posted in three or more public places in the district or published in some newspaper published or having a general circulation in the county, together with a notice stating the time of the meeting at which the same will be presented. If any portion of the proposed district shall lie within another county or counties, then the petition and notice shall, as above provided, be posted or published in a newspaper published or having a general circulation in each of such counties. ['96, p. 573*.

762. Hearing. Boundaries of district. When the petition is presented, the board of county commissioners shall hear it, and may adjourn the hearing from time to time, not exceeding four weeks in all. On the final hearing the board may make whatever changes in the proposed boundaries it may find to be proper, and shall establish and define such boundaries. The board, however, shall not modify boundaries so as to exclude any territory which is susceptible of drainage by the proposed system; nor shall any lands which will not, in the judgment of the board, be benefited by such system be included in the district. Any person whose lands are susceptible of drainage by the proposed system may, upon application to the board, and in its discretion, have his lands included in the district. ['96, p. 574*.

763. Directors. The board shall, if so requested in the petition, order that there may be either three or five directors, who shall be freeholders and residents of the district, and that they may be elected at large. ['96, p. 574*.

764. Election. The board shall then give notice of an election, for the purpose of determining whether or not the proposed district shall be organized. The notice shall describe the boundaries established, and shall designate a name for the district. It shall be posted or published, as prescribed in the case of a petition, and shall state the time and place of the election and that ballots shall be cast containing the words "drainage district-yes," or "drainage districtno," and the names of persons to be voted for as directors. No person shall be entitled to vote at any election held under the provisions of this title, unless he shall be a freeholder in the district. The board of county commissioners shall appoint the judges for the first election. ['96, p. 574*.

765. Canvass. When organization complete. The board of county commissioners shall meet on the second Monday next succeeding the election and proceed to convass the votes cast. If upon such canvass it appears that at least two-thirds of all the votes cast are "drainage district-yes," the board shall, by

order entered on its minutes, declare the district duly organized as a drainage district. under the name and style designated, and shall declare the persons receiving, respectively, the highest number of votes for such several offices to be duly elected. No action shall be commenced nor maintained, nor defense made, affecting the validity of the organization, unless commenced or made within one year after the entering of such order. The board shall cause a copy of the order, duly certified, to be immediately filed for record in the office of the county recorder of each county in which any portion of such lands is situated, and must also immediately forward a copy thereof to the county clerk of each county in which any portion of the district may lie. The organization of the district shall then be complete. Thereafter no other district shall be formed so as to include lands in the organized district without the consent of the board of directors of the latter. ['96, p. 575*.

766. Subsequent elections. Subsequent elections shall be held biennially, and the judges thereof shall be appointed by the board of directors of the district. The number of directors may then be changed from three to five, or from five to three by a majority vote of the district electors. ['96, p. 576*.

767. Directors. Terms. Bonds. Each director shall hold office for two years, and until his successor is elected and has qualified. He shall first, however, subscribe the official oath and execute an official bond in the sum of five hundred dollars. Such bond shall be approved by the judge of the district court of the county and filed with the county clerk where the organization shall have been effected. Bonds herein provided for shall be in the form prescribed by law for the official bonds of county officers. ['96, p. 576*.

768. Organization of board. Within thirty days after their election, the directors shall meet and organize as a board, and shall elect a president, a secretary, and a treasurer from their number. Each of such officials shall hold office during the pleasure of the board. The board shall have the power, and it shall be its duty, to manage and conduct the business of the district, make and execute all necessary contracts, employ and appoint such agents, officers, and employees as may be required, prescribe their duties, and generally perform all such acts as shall be necessary to fully carry out the purposes of this title. ['96, p. 576*.

769. President. It shall be the duty of the president to preside at meetings of the board and to sign all warrants ordered by it to be drawn upon the treasury for drainage money. In case of the absence or disability of the president, his duties shall be performed by a president pro tem., duly elected. ['96. p. 576*.

770. Secretary. It shall be the duty of the secretary to attend meetings of the board, to keep an accurate journal of its proceedings, to have the care and custody of its records and papers not otherwise provided for, to countersign warrants drawn upon the treasurer, to keep an accurate account of money paid to the treasurer, and to prepare and submit to the board an annual statement, under oath, of receipts and disbursements during the year ending December the thirtyfirst. He shall receive for his services such compensation as the board may determine. ['96, pp. 576-7*.

771. Treasurer. The treasurer shall subscribe the oath of office and give a bond to the board, with sufficient sureties and in such sum as it may require, the oath and bond to be approved by the board and filed with its secretary. The treasurer shall prepare and submit in writing a monthly report of receipts and disbursements, and pay out drainage money only upon a warrant signed by the president, and countersigned by the secretary. He shall likewise perform such other duties as the board may require, and shall receive for his services an amount to be determined by the board. ['96, p. 577*.

772. Meetings. Records. The board of directors shall meet and adjourn

from time to time as the business may require. All meetings of the board must be public, and a majority of the members shall constitute a quorum for the transaction of business. All records of the board shall be open to the inspection of any freeholder in said district during business hours. ['96, p. 577*.

773. Powers to enter upon and acquire lands. The board and its agents and employees shall have the right to enter upon any lands to make surveys, and may locate the necessary drainage works and the line for any drainage canals and the necessary branches for the same on any lands which may be deemed best for such location. It shall have the right also to acquire by purchase or condemnation or other legal means, all lands and other property necessary for the construction, use, maintenance, repair, and improvement of said canal or canals, drains, and works constructed (including canals, drains, or drain ditches being constructed by private owners) and all necessary appurtenances. In case of condemnation the board shall proceed in the name of the district, under the provisions of the laws relating to eminent domain. ['96, p. 577*.

774. Tax to maintain system. The board of directors shall, on or before the first day of March of each year, prepare a statement and estimate of the amount necessary for the purpose of constructing and maintaining said drainage canals, flumes, conduits, bridges, culverts, and for the management and control of such drainage system; and shall forthwith cause to be certified by the president and secretary of said board, to the county auditor, the amount required for drainage purposes for the coming year. After having extended the valuation of property on the assessment rolls, the auditor shall levy such per cent as shall as near as may be raise the amount required by the board, which levy shall be uniform on all lands within said district as returned on the assessment roll thereof; and the county treasurer is hereby authorized and required to place the same on the tax roll of the county, and said tax shall be collected by the treasurer as the county taxes are collected, and ninety-nine per cent of the amount so collected shall be paid to the treasurer of said board, promptly as collected, and held by him subject to the order of the board of directors, and, at the time provided by law, the county treasurer shall turn into the county treasury the remaining one per cent collected, as compensation for assessing and collecting; provided, that the tax for the purpose of construction and maintenance of such drainage system shall not exceed in any one year one per cent upon all land of said district. Receipts signed by the president and secretary of the board of directors shall be received by the treasurer in payment of district drainage taxes. ['96, p. 578*.

775. Lien of tax. Collection. All drainage taxes levied and assessed under the provisions of this title shall attach to and become a lien on the real property assessed from and after the thirty-first day of August. Drainage taxes shall become due and delinquent at the same time and shall be collected by the same officers in the same manner as state and county taxes. ['96, p. 578.

776. Equalization. At the time of computing the tax in the county assessment roll, the county auditor shall compute the district drainage taxes of the several districts of the county in which drainage taxes have been levied. The board of county commissioners shall sit as a board of equalization of district drainage taxes, and shall equalize the same at the time and in the manner provided for equalizing county taxes. ['96, pp. 578-9*.

777. Compensation of directors. The compensation of directors shall be fixed by the board of directors, but it shall not exceed three dollars for each day's services actually and necessarily performed under the direction of the board. for which duly verified vouchers must be presented. ['96, p. 579*.

778. Construction of works. After adopting a plan of said drainage canal or canals, drains, drain ditches, and works, the board of directors shall proceed to construct the works under its own superintendence, or may give notice, by publication thereof not less than twenty days, in one newspaper published or

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