(Title of court and cause.) The state of Utah to said defendant: You are hereby summoned to appear before the above entitled court within ten (10) days after the service of this summons upon you, if served within the county in which this action is brought; otherwise within twenty (20) days after this service, and defend the above entitled action; in case of your failure to do so, judgment will be rendered against you according to the demand of the complaint. judge of said court, with Clerk. Sec. 16. Court must give notice of trial. Said municipal court shall give notice of the trial of any case at issue in said cause, to the attorneys of record, and in case the parties are not represented by attorneys, to the parties themselves, and in case said parties, or either of them fail to appear, at the time and place designated in said notice, and after proof of the service of said notice, the court shall proceed to try the case. Sec. 17. All fees to be paid into city treasury. Said judge of said municipal court shall receive no fees in addition to the salary herein provided for, and any and all fees charged and collected by him, by virtue of his office, shall be turned into the city treasury. Sec. 18. Fees to be collected. Said court shall charge and collect as fees in all cases after judgment is rendered, such fees as are now charged and collected and provided for by justices of the peace; which fees shall be turned into the city treasury. Sec. 19. Judge to be ex-officio city and precinct justice. Said judge of said municipal court, shall be ex-officio city justice of the peace, and precinct justice of the peace, and as such municipal judge as aforesaid, shall perform the duties of the offices of said city justice of the peace and of said precinct justice of the peace. Sec. 20. Process. All process from said municipal court shall run to the sheriff or any constable of the county, and in criminal actions, also to any policeman of said city. Sec. 21. Procedure in preliminary examinations. Chapter 16 of title 76 of the Revised Statutes of Utah, 1898, relating to preliminary examinations, is hereby made applicable to the municipal court hereby created, and said municipal court is hereby given all of the powers and duties bestowed by said chapter upon justices of the peace. Sec. 22. Mayor to fill vacancies by appointment. In case of vacancy occurring in the office of the judge of said court by death, resignation, removal or otherwise, the mayor of said city shall have the power to appoint with the advice and consent of the city council, a judge for the unexpired term. Sec. 23. Judges and clerk to qualify. The judge of said court, before entering upon the discharge of his duties, shall take the constitutional oath of office, and give bond for the faithful performance of his duties, in the sum of five thousand ($5,000.00) dollars. The clerk of said court shall take a like oath and give a like bond to be approved by the mayor of said city, and together with said oaths of office filed with the city recorder. Sec. 24. Judge is successor to justices of the peace. Said municipal judge, as ex-officio justice of the peace, as provided for in this act, is hereby made the successor of the justices of the peace now qualified or acting in the precinct embraced within said cities of the second class. Approved this 14th day of March, 1901. CHAPTER 113. JUDGMENT FOR TAXES UNLAWFULLY COLLECTED. AN ACT in relation to judgments obtained against county officers or counties for unlawful collection of taxes, and the liabilities of the state and school districts for the respective amounts received. Be it enacted by the Legislature of the State of Utah: SECTION 1. When judgment recovered for taxes unlawfully collected, state and school districts liable for their proportion. When taxes have been or may hereafter be collected by the authorized officer of any county, and judgment has been or may hereafter be obtained against such county or its authorized officer, determining such taxes to have been unlawfully collected, and any portion of such taxes are state taxes or state school taxes or district school taxes or county school taxes which have been paid over to the state or to any school district by such county or its authorized officer, the state and any school district which has received the same or any part thereof, shall be liable to the judgment debtor for the amount so received and lawful interest thereon from the time of receiving the same and for an equitable portion of the costs of action. Sec. 2. This act shall take effect upon approval. CHAPTER 114. CONTENTS OF NOTICE BY MAIL IN PROBATE PRACTICE. AN ACT to amend section 4033 of the Revised Statutes of Utah, 1898, prescribing the contents of notices by mail under provisions of probate code. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 4033 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 4033. Contents of notice. In all cases in which it is provided that notice by mail shall be given, it shall be the duty of the clerk to address to each person entitled to such notice at his place of residence, if known, a written or printed copy of the order or a notice containing the substance of the order, and deposit the same in the post-office with the postage thereon prepaid. Personal service of such notice at least ten days before the day of hearing is equivalent to mailing. Approved this 23rd day of March, 1901. CHAPTER 115. POSTING NOTICES UNDER PROBATE CODE. AN ACT relating to the manner of posting notices in proceedings under the probate code Be it enacted by the Legislature of the State of Utah: SECTION 1. Manner of posting notices. In all cases in which it is provided in the probate code, or in which the court, judge or clerk may direct that notice be given by posting notices, it shall be suffi cient if the notice or order be posted in at least three public places, in the county, one of which must be at the court house of the county, for the time required by law, or prescribed by the court, judge or clerk. Sec. 2. This act shall take effect upon approval. CHAPTER 116. REDEMPTION OF REAL ESTATE FROM TAX SALE. AN ACT to amend section 2627, of the Revised Statutes of Utah, 1898, in relation to redemption of real property from tax sales. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2627 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: Real estate sold. 2627. Manner of redemption from tax sale. for taxes may be redeemed by any person interested therein, at any time within four years after the date of the sale thereof, by such person paying into the county treasury for the use of the purchaser or his legal representatives, the amount paid by such purchaser, and all costs as aforesaid, together with the sum of fifty cents for a redemption certificate, and all taxes that have accrued thereon and which have been paid by the purchaser after his purchase to the time of redemption, together with interest at the rate of one per cent per month on the whole from the date of payment to the day of redemption; provided, that when two or more parties are interested in a piece of property which has been sold for taxes, either party may redeem the property in which he is interested, upon a payment of that portion of the taxes, interest and costs which his property bears to the whole, together with the sum of fifty cents for redemption certificate. Sec. 2. This act shall take effect upon approval. CHAPTER 117. COUNTY BOARD OF EXAMINERS. AN ACT to amend section 1794 of the Revised Statutes of Utah, 1898, providing for the appointment, removal and the manner of compensation of county board of examiners. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 1794 of the Revised Statutes of 'Utah 1898, be, and the same is hereby amended to read as follows: 1794. County board of examiners. Appointment. Removal. Compensation. The county superintendent, together with two other persons who shall be practically experienced educators, shall constitute the county board of examiners. The county superintendent shall be the chairman of the board. The associate examiners shall be residents of the county in which they are to serve, and shall be appointed by the county superintendent by and with the consent of the board of county commissioners, for a term of one year. The county commissioners shall have power to remove either of the associate examiners upon the recommendation of the county superintendent, for misconduct or incapacity, and to fill any vacancies occurring in the office of either the said two appointees. The two appointees shall be paid for their services from the county school funds upon the warrant of the county auditor, approved by the board of county commissioners. Approved this 23rd day of March, 1901. CHAPTER 118. FORM OF ASSESSMENT ROLL. AN ACT amending section 2546, of the Revised Statutes of Utah, 1898, in relation to taxation and defining the powers and duties of the state board of equalization. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2546 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 2546. State board of equalization must furnish form of assessment roll. The state board of equalization must prepare and furnish to each county, an assessment book with appropriate headings, in which must be listed by the county assessor of each county all property within the county, and in which must be specified in separate columns under the appropriate head: 1. The name of the person to whom the property is assessed, together with his post office address, giving the street and number or the number of lot and block so far as possible to obtain same from taxpayers' statements, county records, or otherwise. 2. Land by township, range, section, or fractional section or lot; and when such land is not a United States land division or subdivision, by metes and bounds, or other description sufficient to identify it, giving an estimate of the number of acres (not exceeding in each and every tract six hundred and forty acres), locality, and the improvements thereon. 3. City and town lots, naming the city or town, and number of the lot and block according to the system of numbering in such city or town, and the improvements thereon. 4. Mines and mining claims by name and number of lot. 5. All personal property, showing the number, kind, amount, and quality; but a failure to enumerate in detail such personal property does not invalidate the assessment. 6. The cash value of real estate other than city or town lots. 7. The cash value of improvements on such real estate. 9. The cash value of improvements on city and town lots. 10. The cash value of improvements on real estate assessed to persons other than the owners of the real estate. 11. The cash value of all personal property exclusive of money. 12. The purchase price per acre paid the government for mines and mining claims. 14. Taxable improvements owned by the person, firm, association, or corporation located upon land exempt from taxation must, as to the manner of assessment, be assessed as other real estate upon |