Directors' report.

Penalties for injury.

Donations to library.

Annual tax.

tions as said board may from time to time by its regulations prescribe.

Sec. 7. The said board of directors shall make, on or before the second Monday in June an annual report to the city council, stating the condition of their trusts on the first day of June of that year, the various sums of money received from the library fund and from other sources, and how such moneys have been expended, and for what purposes; the number of books and periodicals on hand, the number added by purchase, gift or otherwise, during the year; the number lost or missing; the number of visitors attending; the number of books loaned out, and the general character and kind of such books; with such other statistics, information and suggestions as they may deem of general interest. All such portions of said report as relate to the receipt and expenditure of money, as well as the number of books on hand, books lost or missing and books purchased, shall be verified by affidavit.

Sec. 8. The city council of said city shall have power to pass ordinances imposing suitable penalties for the punishment of persons committing injury upon such library or the grounds, or other property thereof, and for injury to or failure to return any book belonging to such libraries.

Sec. 9. Any person desiring to make donations of money, personal property or real estate, for the benefit of such library, shall have the right to vest the title to the money or real estate so donated, in the board of directors created under this act, to be held and controlled by such board, when accepted, according to the terms of the deed, gift, devise or bequest of such property; and as to such property, said board shall be held and considered to be special trustees.

Sec. 10. When fifty legal voters of any city of the third class, or any town, shall present a petition to the recorder or clerk of such city or town, asking that an annual tax be levied for the establishment and maintenance of a free public library in such city or town, and shall specify, in their petition, a rate of taxation not to exceed one mill on the dollar, such recorder or clerk shall, in the next legal notice of a regular biennial Election on tax election in such city or town, give notice that at such election, every elector who shall have paid a property tax therein in the year next preceding such election, may vote "For a mill tax for a free public library,'

levy.

"yes-no," specifying in such notice the rate of taxation mentioned in said petition; and if the majority of all the votes cast in such city or town, shall be "for the tax for the free public library," the tax specified in such notice shall be levied and collected in like manner with other general taxes of said city or town, and shall be known as the "library fund," Provided, that such tax shall cease in case the legal voters of any such city or town shall so determine by a majority vote, at any biennial election held therein; and the corporate authorities of such cities of the third class, and towns, may exercise the same powers conferred upon the corporate authorities of cities of the first and second class under this act.

Sec. 11. At the same election that any city of the third class or town shall vote on the proposition to levy a tax and to establish a free public library, there may be elected a library board of six directors, onethird for two years, one-third for four years, one-third for six years, and biennially thereafter there shall be elected two directors, who shall hold their office for six years, and until their successors are elected and qualified; which board shall have the same powers as are by this act conferred upon the board of directors of free public libraries in cities of the first and second class, and said directors shall receive no compensation.

Election of tors in third

library direc

class cities.

and box.

Sec. 12. When the question of a tax for a library Special ballots fund shall be submitted as provided in section 10, of this act, ballots shall be prepared containing only the words, "For a mill tax for a free public library, Yes-No," and the names of the voters chosen for directors of such free public library; and a special ballotbox shall be provided for the reception of such ballots. Approved March 18, 1896.

Election for

officers of irrigation company and tax rate.

Votes by acreage.

CHAPTER LV.

IRRIGATION COMPANIES.

AN ACT amending Section 2411 of the Compiled Laws of Utah, 1888, and repealing Chapter 14 Laws of 1890, and Chapter 36, Laws of 1892 relating to Irrigation Companies.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That section 2411, of the Compiled Laws of Utah, 1888, is hereby amended to read as follows:

Sec. 2411. 9. All subsequent elections for determining the rate of taxes 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 or more than thirteen. Notice of said election shall be given and the election conducted and certificates thereof returned as provided in preceding section 2406, and the officers elected shall give bonds as provided in preceding section 2409; 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 2406. The votes at said election shall be by acreage and not per capita. The right to use the water for one acre of land shall entitle the owner to one vote. 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 bylaws, the trustees may proceed to sell the interest of such tax-payer in said canal or ditch and his right to the use of the water therein flowing as hereinafter provided.

tax notice.

Sub. 1. If any portion of any tax determined Delinquent and voted as provided in this section shall remain unpaid on the day fixed for the payment thereof by the by-laws the secretary shall cause to be published or posted a notice, substantially in the following form:

(Name of company in full, place of business.)

NOTICE.

There is unpaid and delinquent on account of a tax voted and determined by the members and landholders of the Irrigation Company on the

day of

189, the several amounts set opposite the names of the respective members and landholders, as follows:

day of

(Names, number of acres of land, amount,) and in accordance with law, and the order of the trustees of said company, made on the -; 189—, the interest of each of the foregoing members and landholders in the canals and ditches of said Irrigation Company, and in the right to the use of the water therein flowing, or so much thereof as may be necessary, will be sold at (the particular place) on (the date), at (the hour) of such day, to pay the said tax, together with the cost of advertising and expenses of the sale.

Sub. 2. The notice must specify the name of Same. each member whose taxes are delinquent and unpaid, the amount of the delinquent tax due from each member, and the date when the same was voted and determined.

cation and

Sub. 3. The notice, when published in a daily Time of publipaper, must be published for ten days, excluding Sun- posting. days and holidays, previous to the day of sale; when published in a weekly or semi-weekly paper, must be published in each issue for two weeks previous to the day of sale; when posted, it shall be posted in at least three public places in the irrigation district. The first publication or posting of notices of all delinquent sales must be at least fifteen days prior to the day of sale.

right.

Sub. 4. By the publication or posting of notices Sale of water the company acquires jurisdiction to sell and convey a perfect title to all of the interests of the landholders in the canal or ditch of the company and all their right to the use of the water therein flowing described and referred to in the notice of sale, and upon which any por

Same.

bidder.

tion of any tax voted or determined remains unpaid at the hour appointed for the sale, but the company must sell no more of said interest than is necessary to pay the said unpaid tax and costs of advertising and sale.

Sub. 5. On the day, at the place and at the time appointed in the notice of sale, the secretary shall, unless otherwise ordered by the trustees, sell or cause to be sold at public auction to the highest bidder for cash, so much of the interest of each landholder in the company, canal or ditch, and so much of his right to the use of the water therein flowing as may be necessary to pay the unpaid tax and charges thereon, according to the terms of sale; if payment is made before time fixed for sale, the party paying shall be required to pay only the actual cost of advertising, in addition to the tax.

Sub. 6. The person offering at such sale to pay Who is highest the tax and costs for the smallest interest in the canal or ditch and in the right to the use of the water therein flowing is the highest bidder, and the interest in the said canal or ditch and the landholder's right to the use of the water therein flowing must be transferred to the purchaser on the books of the irrigation company and by a bill of sale thereof executed by the officer making the sale to the purchaser on the payment of the tax and costs.

Bill of sale.

Corporation

may purchase.

Sub. 7. If at the sale no bidder offers the amount of the tax and cost and charges due, the interest of the landholders in said canal or ditch, and in his right to the use of the water therein flowing may be bid in and purchased by the corporation through the secretary, president or any trustee thereof at the amount of the tax, costs and charges due, and the amount of the tax, costs and charges shall be credited as paid in full on the books of the company, and the entry of the transfer of the interest of the landholders in the canal or ditch, and their right to the use of the water therein flowing, shall be made on the books of the company. While the interest of any landholder in the canal or ditch of the company and his right to the use of the water therein flowing, remains the property of the company, it is not assessable nor subject to taxation, but all taxes voted and determined shall be apportioned up to the interests of the landholders in the canals or ditches of the company and in their right to the use of the water therein