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other expenses necessarily incurred by him in the prosecution of criminal cases.

3. The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail.

4. The sums required by law to be paid to jurors in civil cases.

5. The accounts of the coroner or justice of the peace acting as coroner of the county for such services as are not provided to be paid otherwise.

6. All charges and accounts for services rendered by any justice of the peace for services in the trial and examination of the persons charged with crime, not otherwise provided for by law.

7. The necessary expenses incurred in the support of the county hospitals, poorhouses, and the indigent sick and otherwise indigent poor, whose support is chargeable to the county.

8. The contingent expenses necessarily incurred for the use and benefit of the county.

9. Every other sum directed by law to be raised for any county purposes under the direction of the board of county commissioners, or declared to be a county charge.

10. The fees of constables for services rendered in criminal cases.

11. The necessary expenses of the sheriff and his deputies incurred in civil and criminal cases arising in the county, and all other expenses, necessarily incurred by such sheriff or his deputies in the performance of the duties imposed upon them by law.

cate of certifi

jurors, wit

nal cases, and

salaries of

Sec. 166. At such times as the board of county Treasurer and commissioners may designate, it shall be the duty of itemized statethe county treasurer and the county auditor of each ment in duplicounty to prepare in duplicate and verify under oath a cates issued to full and complete itemized statement of all certificates nesses in crimi issued by the clerk of the district court and county of warrants for attorney since the date of the last statement (or, in case county attorno former statement has been made, then since Janu- and assessor. ary 4, 1896), for mileage and attendance of grand jurors, for mileage and attendance of petit jurors engaged in the trial of cases in the district court, and for mileage and attendance of witnesses summoned by or on behalf of the State in criminal cases in the district court; also a statement of all warrants drawn for salaries of the

ney, treasurer

Statement to
State Auditor;

warrant.

county attorney, the county treasurer, the county assessor; such statement shall set forth in detail the number of certificate or warrant, the date of same, the name of the person or persons in whose favor issued, the nature of the service rendered, and such other information as may be necessary. One of said who shall draw statements shall be transmitted to the State Auditor and the other shall be filed in the office of the county clerk. Upon the receipt of said statement by the State Auditor, he shall, unless he find the same to be incorrect draw his warrant in favor of the county treasurer upon the State Treasurer for the whole amount of said juror and witness certificates, as shown by said statement, and for one-half of the whole amount of the said warrants shown in said statement and shall transmit the same to the county treasurer. The county treasurer shall hold the funds so drawn from the State treasury upon the warrant aforesaid as a separate fund for the redemption of the juror and witness certificates and for the part payment of the warrants set forth in the statement above described.

Sec. 167. When a criminal action is removed beCosts in crimi- fore trial, the costs accruing upon such removal shall be charge against a charge against the county in which the indictment or information was found.

nal case a

county, when.

sioners

Sec. 168. The office of court commissioner as esCourt commis- tablished by Sec. 11, Chapter LXXIV, of the Laws of Utah, 1892, is hereby abolished and all funds now in their hands as such commissioners shall be forthwith paid into the State treasury.

abolished

Sec. 169. All acts and parts of acts inconsistent with this act are hereby repealed.

Sec. 170. This act shall take effect upon its approval.

Approved April 14, 1896.

CHAPTER CXXXII.

DRAINAGE DISTRICTS.

AN ACT to provide for the organization and government of Drainage Districts and to provide for the acquisition of canals, drains and other property, and for the distribution of water thereby for drainage purposes.

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

drainage dis

SECTION 1. Whenever fifty, or more consisting a Organization of majority of the holders of title, or evidence of title, to tricts. 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 act, and when so organized, such district shall have the powers conferred, or that may hereafter be conferred by law upon such drainage districts. The equalized county assessment roll next preceding the presentation of a petition for the organization of a drainage district, under the provisions of this act, shall be sufficient evidence of title for the purposes of this act.

presented to

missioners.

district.

Sec. 2. A petition shall first be presented to the Petition to be board of county commissioners of the county in which county comthe lands, or the greatest portion thereof, is situated, signed by the required number of holders of title, or evidence of title, of such proposed district, evidenced as above provided, which petition shall set forth and particularly describe the proposed boundaries of such dis- To describe trict, and shall pray that the same may be organized under the provisions of this act. Such petition shall be presented at a regular meeting of the said board of county Posting and commissioners and shall be posted in three or more pub- advertising. lic places in the proposed drainage district or published for at least two weeks before the time at which the same is to be presented, in some newspaper published or having a general circulation in the county where said petition is presented together with a notice stating the time of meeting at which the same will be presented; and if any portion of said proposed district lie within another county or counties, then said petition trict in two or and notice shall be posted as above provided or published in a newspaper published or having a general

Proposed dis

more counties.

Hearing on petition.

cluded or ex

cluded.

Number and

rectors on first

board.

circulation in each of said counties. When such petition is presented, the said board of county commissioners shall hear the same and may adjourn such hearing from time to time, not exceeding four weeks in all; and on the final hearing may make such changes in the proposed boundaries as they may find to be proper, and shall establish and define such boundaries; Provided, That said board shall not modify said boundaries so as to except from the operation of this act any territory within the boundaries of the district proposed by said petitioners which is susceptible of drainage by the same system of works applicable to the other lands in such Lands to be in- proposed district; nor shall any lands which will not, in the judgment of said board, be benefited by drainage by said system be included within such district; Provided, That any person whose lands are susceptible of drainage from the same source may, in the discretion of the board of county commissioners, upon application of the owner to said board, have such lands included in said district. Said board shall, upon the peelection of di- tition for the formation of a district, if so requested in the petition, order that there may be either three or five directors, who shall be freeholders and residents of said districts, as said board may order for such district, and that they may be elected by the district at Notice of elec- large. Said board shall then give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the provisions of this act. Such notice shall describe the boundaries so established, and shall designate a name for such proposed district and said notice shall be posted as above provided or published for at least two weeks prior to such election in a newspaper published or having a general circulation within said county; and if any portion of such proposed district lie within another county or counties, then said notice shall be posted as above provided or published in a newspaper published or having a general circulation within each of said counties. Such notice shall require the electors to cast ballots, which shall contain the Form of ballot. words "Drainage District-yes," or Drainage District-no," or words equivalent thereto, and also the names of persons to be voted for to fill the various Qualifications elective offices hereinafter prescribed. No person

tion.

of voters.

shall be entitled to vote at anv election held under the provisions of this act, unless he shall be a freeholder in

the district. The board of county commissioners of the county where such drainage district is organized shall appoint the judges of election for the first election, and thereafter the judges of election shall be appointed by Judges of the board of directors for such drainage district.

election.

election.

claring result.

tioning validity

of district.

Sec. 3. Such election shall be conducted as near- Conduct of ly as practicable in accordance with the general laws of this State; Provided, That no particular form of ballot shall be required. The said board of county commissioners shall meet on the second Monday next suc- canvass of receeding such election and proceed to canvass the votes turns and decast thereat, and if upon such canvass it appear that at least two-thirds of all the votes cast are "Drainage District-yes," the said board shall, by order entered on its minutes, declare such territory duly organized as a drainage district, under the name and style theretofore designated and shall declare the persons receiving, respectively, the highest number of votes for such several offices to be duly elected to such offices. And Limit of ques no action shall be commenced or maintained, or defense of organization made affecting the validity of the organization, unless the same shall have been commenced or made within one year after the making and entering of said order. Said board shall cause a copy of such 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; and no board of county commissioners of any county including any portion of such district shall, after the date of the organization of such district allow another New district district to be formed including any of the lands in such district, without the consent of the board of directors thereof; and from and after the date of such filing the organization of the district shall be complete, and the officers thereof shall be entitled to enter immediately upon the duties of their respective offices upon qualifying in accordance with law and shall hold such offices, respectively until their successors are elected and qualified. For the purpose of the election above provided for, the said board of county commissioners must cincts in drainestablish a convenient number of election precincts in age district. said proposed district and define the boundaries thereof, which said precinct may thereafter be changed by the board of directors of such district. In In any district

not to infringe.

Election pre

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