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June of each year, and shall continue in session for such purpose until such time, not later than June twentieth, as may be necessary. Said board may remit the city or town taxes of any insane, idiotic, infirm, or indigent person to an amount not exceeding five dollars for the current year. [C. L. § 1786*; '92, pp. 74-5*. Legislature prohibited from imposing taxes for municipal purposes, Con. art. 13, sec. 5. County board of equalization, 2574.

2691. Taxes of cities of first and second class on general roll. The general city tax of each city of the first and of the second class shall be extended on the general roll by the county auditor, in a separate column, at the rate certified by the city council, at the time the state and county taxes are extended, and the whole tax shall be carried into a column of aggregates, and shall be collected by the county treasurer at the times and in the manner provided by law for collecting state and county taxes, and the warrant to the county treasurer shall include such city taxes, and confer on him the same powers respecting the collection of said taxes and sale of delinquent property as are conferred respecting the collection of state and county taxes. ['92, p. 75*.

The assessor and collector for a city, under the provisions of p. 44, laws of 1892, are the county assessor and collector, and the assessment roll is that on which city taxes are extended under the provisions of this act. Board of Education v.

Brown, 12 U. 251; 42 P. 1109. Laws of 1892, p.
131, do not delegate to the assessor and collector
the power to levy the tax hereunder. The acts
prescribed to be done by the board of education
constitute such levy. Id.

2692. County officers liable on bonds. County officers intrusted with the assessment, collection, or custody of city or school district taxes, and their sureties, shall be liable upon their official bonds for the faithful performance of their duties in the assessment, collection, and safe keeping of said city and school district taxes. ['92, p. 75*.

2693. County treasurers' settlements with cities. It shall be the duty of the county treasurer to pay to the treasurer of each city of the first and of the second class in the county, on the first day of October in each year, and on the first day of each succeeding month until final settlement, all moneys in his hands collected for city taxes, and on or before the first day of March in each year, to make a final settlement with the treasurer of each such city respecting the city taxes, and pay over all money then due the city. The county treasurer shall pay over to the treasurer of each city, as fast as collected or realized, their proportionate amount of delinquent taxes, interest, and costs on all tax sales and redemptions therefrom. The city treasurer shall give said county treasurer duplicate receipts for each payment, and the county treasurer shall give one to the city auditor, or city recorder, as the case shall be, and the other shall be an acquittance to such county treasurer in settling with the county auditor to the extent of the payment shown. The general taxes of each city of the third class shall be collected by the city treasurer, and those of each town, by the clerk, or such other officer as may be designated by ordinance. ['92, p. 75*.

2694. Municipal taxes due and delinquent, when. Lien attaches. All general city or town taxes levied and assessed under the provisions of this chapter, shall become due and delinquent, and shall attach to and become a lien on the real and personal property assessed, at the same time as state and county taxes; and all the provisions of this title in aid of assessing and collecting state and county taxes are hereby made applicable to the assessment and collection of such city and town taxes.

Lien of taxes, ?? 2595, 2597.

have perpetual liens of equal rank. Ogden City

Where both county and city buy in land by suc- v. Haymer, 12 U. 337; 42 P. 1113. eessive delinquent sales, both public corporations

2695. Expenses of collection. Each city of the first class shall pay to mended the county in which it is situated one-half of one per cent, and each city of the

second class shall pay to the county one per cent, on the amount of taxes collected, chap 61

and such payments shall be in full for the services and compensation of the 1999 county assessor, county auditor, and county treasurer, and all other county officers in assessing, collecting, and paying over the city tax. ['92, pp. 75-6*.

2696. Special taxes. In cities and towns, special taxes shall be levied and collected in the manner and form, and by such officers as are or may hereafter be provided by law and the ordinances of such city or town. ['92, p. 76.

TITLE 68.

TELEGRAPHIC TRANSACTIONS.

2697. Notice by telegraph. Effect. Whenever any notice, information, or intelligence, written or otherwise, is required to be given, the same may be given by telegraph; provided, that the dispatch containing the same be delivered to the person entitled thereto or to his agent or attorney. Notice by telegraph shall be deemed actual notice. [C. L. § 2304.

Summons, writ, order, etc., may be sent by telegraph, 3337.

2698. Conveyances, etc., by telegraph. Any power of attorney or other instrument in writing duly proved or acknowledged and certified so as to be entitled to record, may, together with the certificate of its proof or acknowledgment, be sent by telegraph; and the telegraphic copy or duplicate thereof shall. prima facie, have the same force and effect, in all respects, and may be admitted to record and recorded in the same manner and with like effect as the original. [C. L. § 2305.

2699. Checks, orders, etc., by telegraph. As evidence. Checks. due bills, promissory notes, bills of exchange, and all orders or agreements for the payment or delivery of money or other thing of value, may be made or drawn by telegraph; and when so made or drawn shall have the same force and effect to charge the maker, drawer, indorser, or acceptor thereof, and shall create the same rights and equities in favor of the payee, drawee, indorsee, acceptor. holder, or bearer thereof, as if duly made or drawn and delivered in writing; but it shall not be lawful for any person other than the maker or drawer thereof, to cause any such instrument to be sent by telegraph so as to charge any person thereby. Except as hereinafter in the next section otherwise provided, whenever the genuineness or execution of any such instrument received by telegraph shall be denied on oath by or on behalf of the person sought to be charged thereby, it shall be incumbent upon the party claiming under or alleging the same, to prove the existence and execution of the original writing from which the telegraphic copy or duplicate was transmitted. The original message shall in all cases be preserved in the telegraph office from which the same is sent. [C. L. § 2306. Contracts by telegraph deemed contracts in writing,

2472.

2700. Certified instruments by telegraph, as evidence. Except as hereinbefore otherwise provided, any instrument in writing, duly certified under his hand and official seal by a notary public, commissioner of deeds, or a clerk of a court of record, to be genuine within the personal knowledge of such officer, may, together with such certificate, be sent by telegraph; and the telegraphic copy thereof shall, prima facie only, have the same force, effect, and validity, in all respects whatsoever, as the original; and the burden of proof shall rest with the party denying the genuineness or due execution of the original. [C. L. § 2307. Seal, how described in telegram, 3337.

TITLE 69.

TOWNSITES.

2701. Duty of mayor or judge under act of congress. When the corporate authorities of any city or town, or the district judge of any county in which any city or town may be situated, shall have entered at the proper land office the land or any part of the land settled and occupied as the site of such city or town, pursuant to and by virtue of the provisions of the act of congress, entitled An act for the relief of the inhabitants of cities and towns upon the public lands." approved March second, eighteen hundred and sixty-seven, and acts amendatory thereto, it shall be the duty of such corporate authorities or judge, as the case may be, to dispose of and convey the title to such land, or to the several blocks, lots, parcels, or shares thereof, to the persons entitled thereto, who are to be ascertained as hereinafter prescribed.

The mayor of Salt Lake City, whenever he enters land under the townsite law, holds legal title of the same in trust for the several use and benefit of the occupants thereof, according to their respective interests. Pratt v. Young, 1 U. 347. Stringfellow v. Cain, 98 U. S. 610.

An occupant" within the meaning of the "townsite" law is one who is a settler or a resident of the town, and in the bona fide, actual possession of the lot at the time the entry is made. Hussey v. Smith, 1 U. 129. Cain heirs v. Young, 1 U. 361. Cooke v. Young, 2 U. 254.

City lots cannot be taken up by means of agents, but every claimant must himself be an actual settler or occupant. Cooke v. Young, 2 U. 254.

A bona fide occupant may lease the ground and still retain his rights thereto. Cain heirs v. Young, 1 U. 361.

The possession by the ancestor at his death is possession by the heirs, and minor heirs cannot

[C. L. § 2815*.

give up or surrender possession except by proper suit to which they are parties. Cain heirs v. Young, 1 U. 361. The widow and children of the occupant have an inchoate interest after the death of the occupant under the townsite law, which interest they lose by failing to retain possession of the land until entry by the municipal authorities. West v. Child, 8 U. 223; 30 P. 755.

Under the townsite act, the rights of persons under disability not presented for adjudication, will not be preserved. Drake v. Reggel, 10 U. 376; 37 P. 583. Amy v. Amy, 12 U. 278; 42 P. 1121.

A non-resident may, by purchase from an occupant, acquire such a right to the occupancy as would entitle him to a judgment for a conveyance under the trust. Stringfellow v. Cain, 98 U. S. 610.

A claimant who was in the bona fide occupancy of a city lot prior to the entry thereof by the mayor, and was wrongfully ousted, should receive the legal title. Pratt v. Young, 1 U. 347.

2702. Public notice after entry. Within thirty days after the entry of any such lands, the corporate authorities or judge entering the same shall give public notice of the entry in at least five public places within such city or town, and shall publish the notice in some newspaper printed and published in this state, and having a general circulation in such city or town. The notice shall be published once a week for at least three successive months, and shall contain an accurate description of the lands so entered as stated in the certificate of entry or the duplicate receipt received from the officer of the land office. [C. L. § 2816. 2703. Claims, when and where filed. Effect. Each person claiming any lot or parcel of such land shall within six months after the first publication of the notice, in person or by his agent or attorney, sign a statement in writing containing an accurate description of the particular lot or parcel of land in which he claims to have an interest and the specific right, interest, or estate therein which he claims to be entitled to receive, and he shall deliver the same to the clerk of the district court of the county in which such city or town is situated. The clerk of said court shall enter the statements in a book to be kept for that purpose, and shall file and preserve them in his office, noting the day of filing. The filing of each statement shall be considered notice to all persons claiming any interest in the lands described therein, of the claim of the party filing the same; and any person failing to make and deliver a statement within the time limited in this section shall be forever barred the right of claiming or recovering such land, or any interest or estate therein, or in any part thereof, in any court; provided, that when good cause is shown why such statement could not be filed

within the time herein specified, the judge may extend the time not exceeding one year from the first publication of such notice. [C. L. § 2817*.

An applicant for a deed under the " townsite act" has the right to amend his application, so as to change the number of the lot applied for. Such amendment, although more than one year after the first publication of the notice as provided for in said act, is within time. In re Faust, 1 U. 197. Where a claim was filed after the expiration of the six months limited by law, and on the same was indorsed the words "by permission, cause considered sufficient," it was held that it would be

presumed that the court allowed the filing. Kinney v. Lewis, 2 U. 512.

The failure of a life tenant, who is also trustee of the remaindermen, to file a statement hereunder showing the interest of the cestuis qui trustent bars them from afterward claiming their interest, though some were not born at the time and others were minors; held, the trustee thereby acquired a fee to the land. Drake v. Reggel, 10 U. 376; 37 P. 583.

2704. Adverse claims. Proceedings. If at the expiration of six months after the first publication of the notice as aforesaid, it shall be found by the statements filed that there are adverse claimants to any lot or parcel of land, it shall be the duty of the district judge, taking up each case in the order of filing, to cause notice to be served upon the claimants thereto, or their agents or attorneys, to appear before the district court, and prosecute their claims upon a day to be appointed by the court, not less than five nor more than thirty days from the service of such notice. The statements filed as aforesaid shall stand in the place of pleadings, and an issue shall be made thereon. On the day set for the hearing the judge shall proceed to hear the evidence adduced in support of the allegations of the parties and shall decide according to the justice of the case. [C. L. § 2818*.

2705. No adverse claims. Proceedings. After the expiration of the six months for filing statements, and where there are no adverse claimante, the court, taking up the cases in the order of filing, shall cause a summons to be issued and served upon each party filing a statement or his agent, requiring him or his agent or attorney, to appear before the court upon a day designated, not less than three nor more than ten days from the service of such summons, and make proof of his statement. [C. L. § 2819*.

2706. Conveyance, by whom made. Where the entry of the townsite shall have been made by the district judge, the conveyance shall be made by him in accordance with the judgment entered. Where the corporate authorities shall have made the entry, the court shall certify its judgment to the mayor of the city, or the president of the board of trustees of the town, who shall accordingly make to the party claimant the proper deed.

The mayor's deed under the townsite act need not be witnessed, and is prima facie evidence of title in the grantee. Kinney v. Lewis, 2 U. 512.

Where an adjudication is made in the probate court under the townsite law, such adjudication has the force and effect of a judgment which cannot be collaterally attacked. Rogers v. Thompson, 9 U. 46; 33 P. 234.

[C. L. § 2819*.

Where title comes through a mayor's deed or U. S. patent, a purchaser may presume that such deed or patent has been rightfully issued, and need not, at his peril, investigate the preliminary steps. Drake v. Reggel, 10 U. 376; 39 P. 583.

2707. When judge is claimant. If the district judge shall be a claimant of lands in any city or town in his county, he may file the statement required in section twenty-seven hundred and three, in the district court of an adjoining district, and a copy of the statement in that of his own county. The judge of the district court of the adjoining county shall then proceed as provided for in section twenty-seven hundred and four or section twenty-seven hundred and five, as the case may be; and he shall, moreover, give notice to the mayor of such city, or the president of the board of trustees of such town, or, in case of an unincorporated town, to the justice of the peace of the precinct in which such town may be situated. The court shall thereafter proceed as in other cases provided for in this chapter, and a deed to the land shall be made to the party entitled thereto. [C. L. § 2819*.

2708. Appeals. Judgment. From the decision of the court in any case under the provisions of this title, appeals shall be allowed as in other cases. In case of appeal, the final judgment thereon shall authorize the mayor, the

president of the board of trustees, or the judge to make or withhold a conveyance, as the case may be. [C. L. § 2819*.

2709. When mayor is claimant. If the mayor of any city or the president of the board of trustees of any town shall be a claimant of lands in such city or town, the recorder or the clerk thereof, as the case may be, shall, upon the certificate of the district court, made as in the case of other claimants, execute a deed of conveyance to such mayor or president of the board for the lands finally adjudged to him by the court. [C. L. § 2819*.

2710. Change of venue. A change of venue as in suits at law shall be allowed in all cases arising under this title. [C. L. § 2820.

2711. Authorities to make statement of expenses. Within thirty days after the expiration of the six months prescribed in section twenty-seven hundred and three for filing statements, the corporate authorities, or the judge and the board of county commissioners shall render in writing a true account of all money expended in the acquisition of the title to the land and in the administration or execution of the trust up to that time, including purchase money, necessary traveling expenses, and the costs for posting and publishing notices. Such account shall be filed in the office of the clerk of the district court of the county in which such city or town may be situated, and shall during ordinary business hours be open for inspection to all persons interested. [C. L. § 2821*.

2712. Payments before conveyance. Before the corporate authorities or judge shall be required to execute, acknowledge, or deliver any deed of conveyance to any person adjudged to be entitled thereto, such person shall pay or tender to the mayor, the president of the board of trustees, or the judge, as the case may be, the sum of money chargeable on the land to be conveyed by such deed. To ascertain the sum chargeable, streets and public grounds must be deducted from all the land entered, and, then, such sum shall be the proportionate costs of the land conveyed and the proportionate expenses thereof, with interest, together with a reasonable charge for the preparation, execution, and acknowledgment of the deed. [C. L. § 2822*.

Validation of conveyances under townsite law, ? 2007-2010.

2713. Payment within six months. Sale for non-payment. Full payment for land shall be made to the district judge, the mayor, or the president of the board of trustees, as the case may be, within six months after the certificate is issued to the claimant. In case of non-payment within the time herein specified, the amount due shall be deemed a judgment lien upon the land claimed, and the judge, the mayor, or the president of the board of trustees, as the case may be, shall proceed to sell it by sheriff's sale, in the same manner as land is sold under execution, subject, however, to redemption as provided by law. [C. L. § 2822*.

2714. Errors in measurement. Errors in measurement or computation shall not invalidate any proceedings under this title. [C. L. § 2822*.

2715. Death of judge, etc. In case of death or disability of the district judge, the mayor, or the president of the board of trustees, before the complete execution of his trust, the same shall vest in his successor in office. [C. L. § 2823*.

2716. Unclaimed lands, how disposed of. If there shall remain any unclaimed lands within such city or town, after the expiration of six months from the publication of the notice provided for in section twenty-seven hundred and two, the mayor, or the president of the board of trustees, in cases where lands have been entered for a municipal corporation, or the district judge in cases where lands have been entered in trust by him, shall cause the same to be surveyed and platted out into suitable blocks, lots, streets, roads, lanes, and alleys; and may sell or cause to be sold such blocks or lots at public auction to the highest bidder for cash, after public notice of the time and place of such sale, published at least forty days in some newspaper published in the county, if there be any, otherwise in a newspaper having general circulation in the county. [C. L. § 2824; '92, p. 15*.

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