one thousand dollars on hand, in said fund, he shall call in the warrants, issued on said fund and registered, in the order of their presentation. ['97, p. 231.

2399. Land patents to convey interest in reservoir. All reservoirs constructed under the provisions of this chapter, together with the water rights acquired thereby, shall be and remain the property of the state of Utah until the land to be irrigated thereby is sold and disposed of and fully paid for, and the same shall become appurtenant to the lands to be irrigated thereby and when any such lands are sold and patented by the state such patents shall convey a proportionate interest in such reservoirs and water rights. ['97, p. 231.

2400. Board may make rules and regulations. The board may make any and all needful rules for carrying out the provisions of this chapter. ['97, p. 231.

CHAPTER 4.

LAND IN LIEU OF UNSURVEYED SCHOOL LAND.

2401. Acceptance of land in lieu of unsurveyed school land. The state of Utah hereby accepts from the United States not less than four and one-half million acres of land in the state of Utah, in lieu of the unsurveyed second, sixteenth, thirty-second, and thirty-sixth sections, heretofore granted to the state of Utah by the United States. ['97, p. 233.

Land grants, Enabling Act, secs. 6-12.

2402. Relinquishment. The state of Utah in consideration of such grant of four and one-half millions or more acres of land by the United States, hereby relinquishes and surrenders to the United States all its claim and title to such second, sixteenth, thirty-second, and thirty-sixth sections in the state of Utah, heretofore granted by the United States, as remain unsurveyed by the United States, subsequent to the passage of any act of congress that may hereafter be made, granting such four and one-half millions or more acres of land to the state of Utah; provided, that the state of Utah shall have the right to select the four and one-half millions or more acres of land mentioned in the act, in the smallest legal subdivision. ['97, pp. 233-4.

Acceptance of land grants, Con. art. 20, sec. 1.

TITLE 63.

STATE OFFICERS.

CHAPTER 1.

GOVERNOR.

2403. Duties. In addition to those prescribed by the constitution, the governor has the power and must perform the following duties:

1. He is to supervise the official conduct of all executive and ministerial officers.

2. He is to see that all offices are filled and the duties thereof performed, or, in default thereof, apply such remedy as the law allows, and, if the remedy is imperfect, acquaint the legislature therewith at its next session.

3.

4.

He is to make the appointments and fill vacancies as required by law. He is the sole official organ of communication between the government of this state and the government of any other state or of the United States.

5. Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, he may direct the attorney general to appear on behalf of the state, and may employ such additional counsel as he may judge expedient.

6. He may require the attorney general or the county attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this state.

7. He may require the attorney general to aid any county attorney in the discharge of his duties.

8.

He may offer rewards not exceeding one thousand dollars each, payable out of the general fund, for the apprehension of any convict who has escaped from the state prison, or of any person who has committed, or is charged with the commission of a felony.

9. He must perform such duties respecting fugitives from justice as are prescribed by law.

10. He must issue and transmit election proclamations as prescribed by law. 11. He must issue land warrants and patents as prescribed by law.

12. He must in the year eighteen hundred and ninety-nine and biennially thereafter, prior to the meeting of the legislature, deliver to the secretary of state, for publication, all biennial reports of officers and boards for the two preceding years.

13. He may require any officer or board to make special reports to him. upon demand, in writing.

14. He must discharge the duties of member of all boards of which he is or may be made a member by the constitution or by the laws of the state.

15. He has such other powers and must perform such other duties as are devolved upon him by law. ['96, pp. 113-14*.

Election, qualifications, term, duties, compensation, Con. art. 7. To appoint county commissioners, when, 497. Appointive power, Con. art. 7, secs. 9, 10. Election proclamations, 2783. Appointment of presidential elector, 2883.

The failure of the governor to appoint the mem

bers of a board within a month after the offices came into existence, as provided by law, did not invalidate the appointments, the provisions as to the time of making such appointments being merely directory. People v. Hasbrouck, 11 U. 291; 39 P. 918.

2404. Recess appointments. Within ten days after the meeting of the legislature, the governor must transmit to the senate a list of all appointments made by him under the provisions of the constitution or of law during the recess of the legislature. ['96, p. 114.

2405. Records to be kept. The governor must cause to be kept the following records:

1. An account of all his official expenses and disbursements, including the incidental expenses of his department, and an account of all rewards offered by him for the apprehension of criminals and persons charged with crime.

2. A register of all appointments made by him, with date of commission and names of appointees and predecessors. ['96, p. 114*.

2406. Commission all appointive officers. The governor must commission all officers of the militia, and all officers appointed by the governor, or by the governor with the consent of the senate.

Mont. Pol. C. ? 1002*.

2407. Duties and powers of acting governor. Every provision of the laws of this state in relation to the powers and duties of the governor, and in relation to acts and duties to be performed by others toward him, extends to the person performing, for the time being, the duties of governor. ['96, p. 114.

CHAPTER 2.

SECRETARY OF STATE.

2408. Duties. The secretary of state is charged with the custody:

1.

Of the enrolled copy of the constitution.

Of the acts and resolutions passed by the legislature.

3. Of the journals of the legislature, and all bills, resolutions, memorials, petitions, and claims, introduced in the senate or the house of representatives. 4. Of the great seal.

5. Of all books, records, deeds, parchments, maps, and papers kept or deposited in his office pursuant to law. ['96, p. 169.

2409. Id. In addition to the duties prescribed by the constitution, it is the duty of the secretary of state:

1. To attend at every session of the legislature for the purpose of receiving bills and resolutions thereof, and to perform such other duties as may be devolved upon him by resolution of the two houses, or either of them.

2. To keep a register of and attest the official acts of the governor.

3. To affix the great seal, with his attestation, to commissions, pardons, and other public instruments to which the official signature of the governor is required. 4. To record in proper books all conveyances made to the state, and to file all articles of incorporation deposited in his office.

5. To receive and record in proper books the official bonds of all state officers required to give bond, and then to deliver the originals to the state treasurer, excepting the bond of the state treasurer, of which the secretary shall remain the custodian.

6. To take and file in his office receipts for all books distributed by him, and to direct the county clerk of each county to do the same.

7. To certify to the governor the names of those parties who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor.

8. To furnish on demand to any person paying the fees therefor, a certified copy of all or any part of any law, record, or other instrument filed or deposited or recorded in his office.

9. To deliver to the printer entitled to the same, at the earliest day practicable after a final adjournment of each session of the legislature, copies of all laws, resolutions, and journals, kept, passed, or adopted at such session, with proper indexes of the same.

10. To notify in writing the county attorney of the proper county of the failure of any officer in his county to file in his office a sworn statement of fees received by such officer, when such sworn statement is required by law.

11. To present to the legislature, at the commencement of each session thereof, a full account of all purchases made and expenses incurred in furnishing fuel, lights, and stationery.

12. To keep a fee-book, as provided by law, which book must be verified annually by his affidavit entered therein.

13. To file in his office descriptions of seals in use by the different state officers, and to furnish such officers with new seals whenever required.

14. To discharge the duties of a member of all official boards of which he is or may be made a member by the constitution or the laws of the state, and all other duties required of him by law.

15. To report to the governor on or before the first day of January preceding the biennial session of the legislature a detailed account of all official actions since his previous reports, and accompany the report with a detailed statement, under oath, of the manner in which all appropriations for his office have been expended.

16.

To receive, designate, and record all trademarks.

17. As soon as he receives the bound reports of the decisions of the supreme court, he shall deliver to the clerk of the supreme court, as state law librarian, a sufficient number, which the latter shall distribute as follows: to the library of congress and to the state law library, each two copies; to such of the states and territories of the United States as will exchange reports with this state, each one copy; to the governor, to the United States district judge for this state, to the justices of the supreme court, to the justices of the district courts, to the attorney general, to county attorneys, and to clerks of the district courts, each one copy; provided, that the clerk of the district court of Salt Lake county shall be entitled to three copies of each report of the decisions of the supreme court of the state, for the use of the district courts of Salt Lake county. ['96, pp. 169-71*.

Election, qualifications, term, duties, compensation, Con. art. 7. Fees of secretary of state, ? 965.

2410. Distribution of laws and journals. Immediately after the laws, resolutions, and journals mentioned in subdivision nine of the preceding section are bound, the secretary of state must distribute them as follows:

1. To each department of the government at Washington and of the government of this state, one copy.

2. To the library of congress and the state law library, two copies each. To each of the states and territories, one copy.

3.

4.

To the United States district judge for this state, to each of the judges of the supreme and district courts, and to each of the state officers of this state, one copy.

5. To each member of the legislature and to the secretary of the senate and the chief clerk of the house of representatives at the session at which such laws were adopted, one copy.

6. To the incorporated colleges of the state and to the University of Utah, each one copy.

7. To the county clerk of each county, five copies of such laws for the use of the county.

8.

To each county attorney and to each clerk of the district court, one copy of such laws.

9. To each free public library in the state, one copy, to be furnished on the application of the librarian. ['96, p. 171*.

2411. Must indelibly mark state books. The secretary of state must indelibly mark each book distributed to officers in this state, except legislative members and officers, with the name of the county to which and the official designation of the officer to whom it is sent. Such marked books remain the property of the state, and must be, by the officers receiving them, delivered to their successors. ['96, pp. 171-2*.

2412. Has charge of capitol. The secretary of state is the superintendent and has charge of the state capitol, or rooms or buildings hired for that purpose, and he must keep the same and property therein in good order and repair, under the direction of the board of examiners. ['96, p. 172.

2413. To keep and issue supplies. It is the duty of the secretary of state to receive and keep all supplies and articles purchased by the board of examiners as a board of supplies, and to issue to any state officer or board, on the requisition of the board of examiners, any stationery, book, or other supplies, and take a receipt therefor, and file said requisition and receipt in his office. He must keep a book called "book of supplies," and enter therein a complete list of all stationery, books, articles, or other supplies furnished him under contract made by such board, making a separate list of each class of articles, and all purchases made by the board, the amount and cost of each article, furnished each state officer or board, and each member of the legislature. He must embody in his report to the legislature a statement taken from such book, showing the amount of supplies purchased and disposed of. ['96, p. 172.

2414. Public documents, how printed. The public documents of the state of Utah shall be published under the direction of the secretary of state, with the view to such uniformity of size, quality of paper, type, and other particulars, as will permit them to be formed in continuous numbers in consecutive volumes. ['96, p. 172.

2415. Id. The secretary of state shall divide public documents to be published into several series, according to their several subjects, as nearly as may be, and no moneys shall be paid out of the treasury, except on compliance herewith, for any printing or publishing aforesaid. ['96, p.172.

2416. Id. The provisions of the two sections next preceding shall not apply to the decisions of the supreme court, nor to bills printed for the legislature or other printing for its use during its session, not appropriate to be put in pamphlet form. ['96, p. 172.

The expenses.

2417. Board of examiners to audit expenses, when. incurred by the secretary of state in carrying into effect the provisions of sections twenty-four hundred and nine, twenty-four hundred and ten, twenty-four hun-dred and eleven, twenty-four hundred and twelve, and twenty-four hundred and thirteen, must be audited by the board of examiners and paid out of any moneys specially appropriated for that purpose. ['96, pp. 172–3.

2418. Great seal. The secretary of state is alone authorized to use or affix the great seal of this state to any document whatever, and he only in pursuance of law; and the said secretary is hereby made responsible for its safe keeping. ['96, p. 298.

2419. Description. The great seal of the state of Utah shall be two and one-half inches in diameter, and of the following device: the center a shield, and perched thereon an American eagle with outstretching wings; the top of the shield pierced by six arrows crosswise; under the arrows the motto "Industry"; beneath the motto a bee-hive, on either side growing sego lilies; below the bee-hive the figures" 1847"; and on each side of the shield an American flag; encircling all, near the outer edge of the seal, beginning at the lower left-hand portion, the words "The Great Seal of the State of Utah," with the figures "1896 the base. ['96, pp. 297-8.

2420. Id. Illegal use. Any person who shall illegally use the great seal of this state, or such seal when defaced, shall be guilty of a felony. ['96, p. 298.

CHAPTER 3.

AUDITOR.

2421. Duties. It is the duty of the state auditor:

1. To superintend the fiscal concerns of the state.

2. To report to the governor, on the first of January next preceding each Amended of the public expenditures during the two preceding fiscal years, together with a chap.69 1499.

regular session of the legislature, a statement of the funds of the state, its revenues,

detailed estimate of the expenditures to be defrayed from the treasury for the twoensuing fiscal years, specifying therein each object of expenditure, and distinguishing between such as are provided for by permanent or temporary appropriation, and such as must be provided for by a new statute, and suggesting the means from which such expenditures are to be defrayed; and to make a semi-annual report to the governor of the condition of the state treasury.

3. To accompany his biennial reports with tabular statements, showing the amount of each appropriation for the two preceding fiscal years, the amount expended, and the balance, if any; also showing the amount of revenue chargeable