2. Where the property is exempt from taxation. Sec. 180. That in all cases of levy of taxes, licenses or other demands for public revenue which is be paid under deemed unlawful by the party whose property is thus

Taxes and

licenses may

protest, and civil action brought for recovery.

etc., illegally collected.

taxed, or from whom such tax or license is demanded or enforced, such property may pay under protest such tax or license, or any part thereof deemed unlawful, to the officers designated and authorized by law to collect the same; and thereupon the party so paying or his legal representative may bring an action in any court of competent jurisdiction against the officer to whom said tax or license was paid or against the county or municipality on whose behalf the same was collected, to recover said tax or license or any portion thereof paid under protest.

Sec. 181. In case it be determined in such action Repayment of that said tax or license, or any portion thereof so paid taxes, licenses, under protest was unlawfully collected, judgment for recovery thereof and lawful interest thereon, together with cost of action, shall be entered in favor of the plaintiff, and upon being presented with a duly authenticated copy of such judgment, the proper officer or officers of the county or municipality whose officers collected or received such tax shall audit and allow such judgment, and cause a warrant to be drawn on the treasury of that county or municipality for the amount recovered by said judgment in favor of the legal holder thereof; which warrant shall be paid in preference to warrants of any other class drawn on such treasury.

Preferred claim.

Sec. 182. The remedy hereby provided, shall supersede the remedy of injunction and all other remedies which might be invoked to prevent the collection of taxes or licenses alleged to be irregularly levied or demanded, except in unusual cases where the remedy hereby provided is deemed by the court to be inadequate.

Sec. 183. The collector of each county in this State now in office shall perform all the duties imposed upon the treasurer by this act, relating to the collection of revenue, until the first day of June 1897, at and after which time the office of collector is and shall be abolished, and all the duties thereof shall be performed by the treasurer, as hereinbefore provided, and said collector shall account with the treasurer for all revenue collected by him, and with the county clerk

wherever the treasurer is required to so account by the provisions of this act. And the said collector shall be governed by the provisions of this act in collecting, keeping and accounting for the revenue, and in the performance of all the duties of his office so far as the same are applicable.

Sec. 184. This act may be cited for all purposes as the "Revenue Act."

Sec. 185. All acts and parts of acts in conflict herewith are hereby repealed.

Sec. 186. This act shall take effect upon its approval.

Approved April 5, 1896.

CHAPTER CXXX.

FREE SCHOOL SYSTEM.

AN ACT creating a State Board of Education, defining its duties and providing for a uniform system of Free Schools throughout the State of Utah.

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

education.

SECTION 1. The State Board of Education shall State board of consist of the State Superintendent of Public Instruction, the president of the State university, the principal of the State agricultural college and two other persons of large experience and eminent professional standing to be appointed by the Governor by and with the consent of the Senate for a period of four years.

Sec. 2. The State Board of Education is hereby Power to grant authorized and empowered to issue State diplomas of diplomas, two grades, namely, high school and grammar, and State certificates of one grade, namely, grammar.

Sec. 3. State diplomas or State certificates shall qualifications be issued only to professional teachers who have for diplomas. reached the age of twenty years, have had two years successful experience in this State, and exhibit satisfactory evidence of good moral character, and upon critical examination are found to possess the requisite scholarship and culture.

Validity of diplomas.

Subjects for examination for diplomas.

cates.

Sec. 4. These diplomas and certificates shall be valid in any county, city, town, or school district in the State; the high school diploma in any department of the public schools, the grammar grade diploma in grammar and primary departments during the life time of the holders; the certificate in grammar and primary departments during a period of five years.

Sec. 5. Candidates for State professional diplomas of high school grade shall be required by examination or other evidence to exhibit a high degree of scholarship in all the following branches, namely: Arithmetic, United States history, reading and elocution, orthography, English grammar, political geography, physical geography, physiology, algebra, physics, rhetoric, drawing, plane and solid geometry, botany, English literature, general history, civil government, history and science of education, and psychology; and also in any three of the following branches, namely: chemistry, geology, French, German, Latin, Greek, trigonometry, zoology, biology, mineralogy.

Candidates for State professional diplomas of grammar grade shall be required by examination or other evidence to exhibit satisfactory knowledge of all the following subjects, namely: Arithmetic, United States history, reading and elocution, orthography, English grammar, political and physical geography, physiology, nature studies, algebra, physics, rhetoric, drawing, plane geometry, botany, English literature, general history, civil government, the history and science of education, and psychology.

Provided. That:

First-Normal certificates and normal diplomas, Normal certifi- issued by the University of Utah shall have the force of State certificates and the holders of any such normal diplomas after having had two years successful experience in teaching in this State, shall be entitled to a State high school diploma.

High school certificates.

Second-Holders of high school certificates now in force and issued as provided by law by boards of education in cities of the first and second classes, and Territorial first grade certificates now in force, may, at the discretion of the State Board of Education, be exempt from examination in any and all subjects which were required in the examination for such certificates.

Third-Life diplomas issued by State boards in Life diplomas. other States and shown to be of equal rank with those issued by the State board of this State may receive equal recognition after holders acquire two years successful experience in schools of this State. When countersigned by the State Superintendent of Public Instruction under the direction of the State board, such diplomas shall have equal validity with those of corresponding rank issued by the State board.

force.

Fourth-No professional diploma or certificate When not in shall be in force if the holder allow a space of five years to elapse without following some educational pursuit.

point assistants.

Sec. 6. The State Board of Education shall have Board may apauthority to appoint a sufficient number of assistants of eminent educational ability to conduct examinations, and the necessary expense connected with the holding of such examinations shall be paid out of the State school fund.

diplomas.

Sec. 7. The State Board of Education is author- Revocation of ized and required to revoke, for immoral or unprofessional conduct or evident unfitness for teaching, State diplomas and State certificates issued under the provisions of this act.

traveling

Sec. 8. A statement of actual traveling expenses Defrayal of of the members of said board incurred in attending expenses. meetings of the board, must be certified to by the State Superintendent of Public Instruction, and be filed with the State Board of Examiners who are empowered to allow or reject the same in whole or in part in the manner as claims for which an appropriation has been made, and the State Auditor who shall draw his warrant on the State Treasurer in favor of the person named therein for the amount allowed. The members of the said State Board of Education shall serve without compensation.

secretary.

Sec. 9. The State Superintendent of Public In- Chairman and struction shall be chairman of the State board; he shall appoint a member of the board secretary who shall keep a record of the board's proceedings.

Sec. 10. A concurrence of a majority of all the Validity of acts, members shall be necessary to the validity of an act of the board.

Sec. 11. The board shall meet at the call of the Times of chairman, and at least twice each year.

meeting.

Election and term of State

of public instruction.

ARTICLE II.

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.

Sec. 12. There shall be chosen by the qualified electors of the State at the regular State election in superintendent the year 1900, and every four years thereafter, a Superintendent of Public Instruction, hereinafter called the State Superintendent who, at the time of his election shall be a qualified elector, shall have been a resident citizen of the State or Territory for five years next preceding his election, shall have attained the age of 30 years, shall be the holder of a State certificate of the highest grade issued in some State, or shall be a graduate of some reputable university, college or normal school. He shall reside and hold his office at the seat of government for the term of four years from the first Monday in January following his election and until his successor is elected and qualified. Before entering upon his duties, he shall take the oath of civil officers and give a bond in the penal sum of five thousand (5,000) dollars, with not less than two sureties, to be approved by the Governor and filed in the office of the Secretary of State.

State superinsupervise sys

tendent to

tem of public instruction.

Auditor to report money in treasury.

Sec. 13. The State Superintendent shall be charged with the administration of the system of public instruction and the general superintendence of the business relating to district schools of the State, and of the school revenue set apart and appropriated for their support, and shall have full power to investigate all matters pertaining to the public schools. It shall be the duty of the State Auditor to notify the Superintendent of the actual amount of money in the State treasury to the credit of the district school fund on the 31st day of March and December of each year. Within ten days after receiving such notification the Superintendent Superintendent shall apportion said fund among the several counties and cities of the first and second class in the State under the provisions of this act, according to the number of persons between the ages of six and eighteen years, residing in such county or city as shown by the last school census lists of the several counties and cities, and immediately furnish to each county treasurer and to county and city superintendents an abstract of such apportionment. He shall also certify such apportionment to the State Auditor, and, upon receiving such

to apportion

school fund.