Page images
PDF
EPUB

ner provided in said act, to serve until they are superseded, as provided herein.

Sec. 75. This act shall take effect upon approval.

Approved this 9th day of March, 1805.

CHAPTER 109.

EXAMINATION AND PAYMENT OF OUTSTANDING BOUNTY CERTIFICATES.

An Act requiring the State Auditor and the State Board of Examiners to examine into the validity of outstanding certificates for the payment of bounties issued under the provisions of chapter 137, laws of Utah, 1901, and chapter 48, laws of Utah, 1903, for determining the liability of the State therefor and authorizing the payment of such of said certificates as are ascertained to be valid, making provisions for such as are ascertained to be invalid, and making an appropriation.

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

SECTION 1 Bounty certificates to be filed with State Auditor. For the purpose of ascertaining the number and amount of all outstanding and unpaid certificates issued by the county clerks of the several counties of this State prior to January 20, 1905, under the provisions of chapter 137, laws of Utah, 1901, and chapter 48, laws of Utah, 1903, and for determining the liability of the State respecting the payment of such certificates. All persons having in their possession any of the aforesaid certificates are hereby required to file the same with the State Auditor on or before May 1st, 1905.

Sec. 2. Auditor to examine and report. It shall be the duty of the State Auditor to immediately examine all the certificates so filed or those on file in his office; to make a thorough investigation as to the conditions under which they were issued and, if deemed necessary by him, he shall make a personal inspection of the books and records of any county clerk for the purpose of ascertaining if there be any evidence or fraud connected with the issuance of any of such certificates, and after making said investigation, the said Auditor shall thereupon report his findings to the State Board of Examiners.

Sec. 3 State Board of Examiners to examine. Fraudulent certificates in the hands of innocent holders. The State Board of Examiners shall thereupon examine the said report of the said State Auditor and becoming satisfied that any such certificate or certificates have been legally issued under the provisions of chapter 137, laws of Utah, 1901,

and chapter 48, laws of Utah, 1903, and are a proper, claim against the State, shall order the same paid, and the State Auditor shall pay the same by drawing his warrant or warrants upon the State Treasurerin favor of the holders of such certificates. Provided; That if the State Board of Examiners and the State Auditor shall determine that any of said certificates were illegally or fraudulently procured or issued and shall further find that said certificates are in the hands of innocent third parties who have purchased the same for value, then the said State Auditor and the State Board of Examiners shall require such innocent purchaser for value to make proof under oath of the actual amount paid by them for such certificates and said State Board of Examiners and State Auditor, shall thereupon allow to said innocent purchasers the actual amount which they have paid for such certificates.

Sec. 4. State Board of Examiners to report to Legislature. Within the first ten days of the next session of the Legislature the State Board of Examiners shall transmit to both houses of the Legislature a report of its proceedings under this act and such information or evidence obtained as to certificates so issued as appear to have been illegally issued or obtained through fraud or misrepresentation.

Sec. 5. Appropriation. For the purpose of paying these certificates issued aforesaid and which said State Board of Examiners find to have been issued under the provisions of chapter 137, laws of Utah, 1901, and chapter 48, laws of Utah, 1903, as herein provided the sum of twenty-five thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated from any moneys in the State Treasury.

Approved this 16th day of March, 1905.

CHAPTER 110.

TO PROVIDE REVENUE.

An Act to provide revenue for the support of the government of the State, and for the several counties of the State, and district and county schools, for the fiscal years nineteen hundred and five and nineteen hundred and six.

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

SECTION 1. Tax levy for State purposes. There is hereby directed to be raised for general State purposes for each of the fiscal years nineteen hundred and five and nineteen hundred and six upon all the tax

able property in this State, the sum of seven hundred and fifty thousand dollars; and, for the purpose of raising the same, there is hereby levied for each of the years nineteen hundred and five and nineteen hundred and six, an ad valorem tax of five mills on each dollar in value of the taxable property in the State, or such portion of said tax as the State Board of Equalization may find is necessary to raise the sum above set forth in each of said years.

Sec. 2. For school purposes. For the purpose of raising sums for the support of district schools for each of the fiscal years nineteen hundred and five and nineteen hundred and six, an ad valorem tax of three mills on each dollar in value of all taxable property in the State is hereby levied for each of the years nineteen hundred and five and nineteen hundred and six.

Sec. 3. For County purposes. The Board of County Commissioners of the several counties of the State are hereby authorized to levy on all the taxable property in their respective counties for each of the fiscal years nineteen hundred and five and nineteen hundred and six an ad valorem tax of not to exceed five mills on the dollar of valuation for general county purposes, and not to exceed four mills on the dollar of valuation for county school purposes and may levy a tax not exceeding one mill on the dollar additional for the care, maintenance and relief of the indigent sick and otherwise dependent poor.

Sec. 4. This act shall take effect upon approval.
Approved this 16th day of March, 1905.

CHAPTER III.

PRIVATE CORPORATIONS.

An Act to amend section 316, Revised Statutes of Utah, 1898, as amended by section 1, chapter 81, laws of Utah, 1901, relating to the formation of private corporations.

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

SECTION 1. That section 316, Revised Statutes of Utah, 1898, as amended by section 1, chapter 81, laws of Utah, 1901, be, and the same is hereby amended to read as follows:

316. Oath to agreement. Subscriptions paid in property. To the agreement prepared in accordance with the provisions of the preced

ing section, there shall be added the oath or affirmation of three or more of the incorporators taken before any officer duly authorized to administer an oath, to the effect that they have commenced, or it is bona fide their intention to commence and carry on, the business mentioned in the agreement and that the affiants verily believe that each party to the agreement has paid or is able to and will pay the amount of the stock subscribed for by him; provided that said affidavit shall not be made until at least ten per cent of the stock subscribed by each stockholder and not less than ten per cent of the capital stock of the corporation has been paid in; but this proviso shall not apply to any water users' association which is organized in conformity with the requirements of the United States under the reclamation act of June 17, 1902. and which, under its articles of incorporation, is authorized to furnish water only to its stockholders; provided, further, that where subscriptions to the capital stock of any corporation formed under the provisions of this chapter shall consist, in whole or in part, of property necessary to the pursuit agreed upon, there must appear in the articles of incorporation a description of the property so taken with a statement of the fair cash value thereof, which statement, except in the case of corporations organized for mining or irrigating purposes, shall be supplemented by the affidavits of three persons, to the effect that they are acquainted with said property and that it is reasonably worth the amount in cash for which it was accepted by the corporation; and the owners of such property shall be deemed to have subscribed such amount to the capital stock of such corporation as will represent the fair estimated cash value of so much of such property, or of such interest therein, as they may have conveyed to such corporation by deed actually executed and delivered.

Sec. 2. This act shall take effect upon approval.

Approved this 16th day of March, 1905.

CHAPTER 112.

BOARDS OF HEALTH TO REPORT DISEASES.

An Act amending section 1108, Revised Statutes of Utah, 1898, as amended by chapter 102,. laws of Utah, 1903, requiring local Boards of Health and health officers to report certain diseases.

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

SECTION 1. That section 1108, Revised Statutes of Utah, 1898, as amended by chapter 102, laws of Utah, 1903, be and the same is hereby amended to read as follows:

1108. Reports to State Board of Health. Every local board of health or health officer shall report to the Secretary of the State Board of Health at such times as the State Board may require, the sanitary conditions of the locality, the number of births and deaths,and the causes of death as near as can be ascertained, within their jurisdiction, during the preceding month. It shall be the duty of the local health officer to make a monthly report to the State Board of Health, on or before the fifth day of each month, of all cases of scarlet fever, smallpox, diphtheria, membraneous croup, typhoid fever, whooping cough, measles, chickenpox, pneumonia, and tuberculosis, which have occurred within his jurisdiction during the previous month; and upon receipt of notification of the existence of any case of either of said diseases in any family, a member of which is in attendance upon any public or private school, he must at once report the existence of such disease to the principal of the school so attended, giving the name and address of the person so affected and the nature of the disease. If no case of any of the diseases mentioned in this section has occurred during the month, the fact shall be so reported to the State Board of Health in the same manner as hereinbefore provided. It shall be the duty of the local health officer to make an annual report of his actions and those of the local board of health to the State Board of Health.

Approved this 16th day of March, 1905.

« PreviousContinue »