CHAPTER 99.

PRESENT OWNERSHIP MAPS.

AN ACT amending section 1 of chapter 43 session laws of the state of Utah, 1899, relating to preparing and keeping present ownership maps.

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

SECTION 1. That section 1, chapter 43, session laws of the state of Utah, for the year 1899, be and the same is hereby amended to read as follows:

1. County surveyor and recorder to keep "present ownership maps." In all counties of this state the county surveyor and county recorder of their respective counties shall jointly prepare and keep plats drawn to a convenient scale which shall at all times show the record owners of each tract of land in the county, together with a description of such tract; provided, however, that the maps and such descriptions now in the possession of the county assessor shall constitute the basis of establishing the ownership as of February 6, 1899, at 12 o'clock noon, and the county surveyor and recorder shall not be required to trace any title back of said last mentioned date and hour to prove the accuracy of such assessor's plats. Approved this 14th day of March, 1901.

CHAPTER 100.

NOTICE OF SALES OF ESTRAYS.

AN ACT to amend section 15 of the Revised Statutes of Utah, 1898, relating to the notice of sales of estrays.

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

SECTION 1. That section 15 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

15. Notice of sale of estrays. Within three days after any estrays shall come into the possession of the poundkeeper, he shall advertise the same in a newspaper published in the county, if there be one, having general circulation in the county, by publishing a notice in at least one issue of said paper, and by posting notices for a period of ten days in three of the most public places in the precinct, one of such places shall be at or near the postoffice, if there be one in the precinct. He shall immediately deliver a copy of such notice to the county clerk, or mail the same to him by registered letter. The county clerk shall upon receipt of said notice file and preserve the

same in his office for a period of six months thereafter, and shall immediately post a copy thereof at the front door of the county court house. The notice so filed with the clerk shall be open during reasonable hours for inspection by the public, free of charge. notice herein provided for shal! contain a description of the animals including all marks and brands, when taken and the day, hour and place of sale, and may be substantially in the following form:

State of Utah, county of.

In the

NOTICE.

precinct of said county.

The

I have in my possession the following described estray animals which, if not claimed and taken away, will be sold at public auction to the highest cash bidder at.

day of

in....

190..

precinct, on at the hour

of.

(Description of animals)

Said estrays were taken up by me in said precinct on the...... day of

190.

Poundkeeper for...

precinct.

Approved this 14th day of March, 1901.

CHAPTER 101.

COUNTY MAPS.

AN ACT amending section 639 of the Revised Statutes of the state of Utah, 1898, relating to county, precinct, road district, assessors' and other maps.

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

SECTION 1. That sections 639 and 2553 of the Revised Statutes of the state of Utah, 1898, be and the same is hereby amended to read as follows:

639. County surveyor to make certain maps. In certain cases commissioners may contract for making maps The county survey or shall plat, trace, blueprint, or otherwise make all county, precinct, road, and district, assessors, and all maps for the county of which he is surveyor. All such maps which shall be platted, traced, blueprinted or otherwise made as aforesaid, shall be filed in the county surveyor's office, together with all data obtained by the county surveyor from other sources, and the same hereafter shall become the

roperty of the county; provided, that in counties of the fifth class o fifteenth class, inclusive, or in counties where the salary of the county surveyor is not intended to cover the expenses of this class of work, the board of county commissioners may enter into a contract or other arrangement with the county surveyor or other surveyor for all such mapping and platting as is required under the laws of the state.

Approved this 14th day of March, 1901.

CHAPTER 102.

FILLING VACANCIES ON BOARD OF PARDONS.

AN ACT to provide for filling vacancies on the board of pardons caused by the absence of any member or members thereof.

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

SECTION 1. Vacancies on board of pardons to be filled before hearing case. That at any session of the board of pardons when any member or members constituting the board are absent, the members present, before hearing any case, shall fill the vacancy or vacancies by calling in the Secretary of State or any of the district judges, and such person or persons so called in, together with the members present, shall constitute the board of pardons for such session; provided that a vacancy occasioned by the absence of the Governor or acting Governor cannot be filled in the above manner.

Approved this 14th day of March, 1901.

CHAPTER 103.

MILEAGE OF DISTRICT JUDGES AND DISTRICT ATTORNEYS.

AN ACT to amend section 2051 of the Revised Statutes of Utah of 1898, providing for the payment of mileage of district judges, and district attorneys.

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

SECTION 1. That section 2051, of the Revised Statutes of Utah, of 1898, be and the same is hereby amended to read as follows:

2051. District judges and district attorneys to receive mileage. District judges and district attorneys, shall receive mileage at the rate of five cents per mile, when traveling on the line of any railroad, and fifteen cents per mile when traveling off or away from the line of any railroad, for each mile actually and necessarily traveled in the performance of their official duties.

Approved this 18th day of March, 1901.

CHAPTER 104.

VALIDATING CERTAIN INSTRUMENTS.

AN ACT relating to instruments of writing informally executed, and validating all of the same which were of record prior to January 1st, 1901.

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

SECTION 1. Validating certain instruments. All instruments of writing that were, previous to January 1, 1901, copied into the books of record of the office of the county recorders of the several counties of this state, shall, after that date, impart to subsequent purchasers and incumbrancers, and to all other persons whomsoever, notice of the contents of all such instruments, so far as and to the extent that the same may be found recorded, copied or noted in the said books of record, notwithstanding any defect, omission, or informality existing in the execution at the time of acknowledgment, certificate of acknowledgment, recording or certificate of recording the same; and all such instruments, and the records or authenticated copies of the records thereof shall be admissible in evidence, notwithstanding such defects or omissions; but nothing herein contained shall be construed to effect any right or title acquired prior to that date by subsequent purchasers, grantees, incumbrancers, or assignees. Approved this 18th day of March, 1901.

CHAPTER 105.

TAXATION OF TRANSIENT STOCK.

AN ACT defining and classifying transient stock and providing for the assessment, collection and distribution of taxes on the same, providing penalties for violation of its provisions and repealing sections 2537, 2538, 2539, 2540, 2541 and 2542 of the Revised Statutes of Utah, for 1898, and repealing chapter 44, of the session laws of 1899.

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

SECTION 1. Transitory stock defined. That for the purposes of taxation as hereinafter provided, transient stock shall be deemed to be:

1. All stock brought into the state by any person or persons other than bona fide residents thereof, for the purpose of being grazed for any length of time exceeding twenty days, and

2. All stock owned by residents of the state and driven or removed from one county to another for the purpose of being grazed.

Sec. 2. Certificate to be filed with county clerk. It shall be the duty of every person or persons bringing live stock into any county of the state for the purpose of being grazed, for any length of time exceeding twenty days, to set out in a certificate signed by such person or persons or their agents, the number of live stock with the marks and brands on the same, and file said certificate with the county clerk of the county in which said live stock shall be first brought, which certificate shall be substantially in the following form:

Sec. 3. Duty of county clerk. It shall be the duty of the county clerk upon said certificate being filed, to keep an index of the same in his office and if the assessment rolls are in his possession or in the possession of the county treasurer, he shall, as clerk of the county, enter an abstract of such certificate upon the assessment roll for the current year, otherwise he shall deliver to the county assessor a certified copy of such certificate and the county assessor shall enter an abstract of such certificate upon the assessment roll for the year.

Sec. 4. Non-resident to make cash deposit or execute bond. Every person or persons other than bona fide residents of the state bringing live stock into the state for the purpose of being grazed for any length of time exceeding twenty days, shall be required by the assessor of the county where such certificate is filed, to pay the sum of ten cents on each and every head of sheep, and forty cents on each and every head of cattle, or other live stock so certified, which collection shall be deposited with the county treasurer; provided, that said ten cents per head on sheep, and forty cents per head on cattle and other live stock, shall at the end of such year be returned to the person paying the same, upon a showing that he has paid the regular annual tax in that county for that year upon all said property, the same as other persons have paid on like property permanently located in the state; or such portion of said payment shall be returned, as shall exceed the amount of the regular tax for said year; provided, further, that any person so certifying to the ownership of transient stock, in lieu of the payment of the said ten cents per head on sheep, and forty cents per head on cattle and other live stock, may execute a bond to such county with two or more sureties, to be approved by, and filed with the county treasurer, conditioned that such person will regularly and punctually pay all taxes which may become due thereon during the year.