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election, then the boards of county commissioners must call a special election to be held on the first Tuesday after the first Monday in November following the presentation of such petition, and must cause the proposition to be submitted to the legal voters of the respective counties on that day. Except as herein otherwise provided, such election shall be held, the result thereof canvassed and returns made under the provisions of the general election laws of the state. The ballot to be used shall be "For annexing.

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Sec. 2. Returns must be transmitted to Secretary of State. As soon as the returns of the vote upon such proposition have been canvassed by the county boards of canvassers, each county clerk must make a certified abstract thereof, seal up such abstract, indorse it "Election returns," and, without delay, transmit it by registered mail to the Secretary of State.

Sec. 3. If vote in favor of annexation Secretary of State must certify result to Governor. The certified abstract of such returns must be filed in the office of the Secretary of State, and if it appear therefrom that a majority of the voters in each of the counties have voted in favor of such annexation, the Secretary of State must certify the result of such vote to the Governor.

Sec. 4. Governor must issue proclamation. Publication. The Governor must thereupon issue his proclamation stating therein the result of the vote in each of said counties, and that the annexation of the one county to the other will take effect on the first Monday in January following. Such proclamation must immediately be published in a newspaper having general circulation in the state, as well as in a newspaper published in each county voting on the proposition, if a newspaper be published in each of said counties.

Sec. 5. Conditions of annexation. Whenever a majority of the legal voters of each of the counties to which the proposition is submitted vote in favor of annexing one county to another, in the manner hereinbefore provided, such annexation shall be made under the following conditions:

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First. Such annexation shall be complete and take effect on the first Monday of January following the day of the election at which such proposition was submitted.

Second. All territory theretofore included within the boundaries of the county to be annexed and to become the territory of the annexing county.

Third.—The precincts and school districts existing in the county to be annexed shall continue and become precincts and school districts for the annexing county, and remain as then organized until changed in the manner provided by law, and the officers of such precincts and school districts shall hold their respective offices until the expiration of the terms thereof.

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Fourth. That all property, both real and personal, held and owned by the county to be annexed shall be vested in the annexing county.

Fifth. The terms of all county officers in the county to be annexed shall terminate and cease on the day the annexation takes effect, and it is made the duty of such officers to immediately deliver to the corresponding officers of the annexing county all books, records and papers of the annexing county.

Sixth. Any person who is confined under lawful commitment in the county jail of the county to be annexed, or otherwise lawfully held to answer for alleged violation of any of the criminal laws of this state within said county, shall be immediately delivered to the sheriff of the annexing county, and such person shall be confined in the county jail of said county for the unexpired term of the sentence, or held to answer as specified in the commitment.

Seventh. All criminal proceedings and penal actions which shall be pending in the county to be annexed shall be prosecuted to judgment and execution in the annexing county.

All offenses theretofore committed in the county to be annexed, which shall not have been prosecuted, may be prosecuted in the annexing county.

Eighth. All actions, cases, proceedings and matters pending in the district court in the county to be annexed, may be proceeded with in the district court of the annexing county.

Ninth. -All bonded indebtedness of the county to be annexed shall be transferred to and become the indebtedness of the annexing county, with like effect as if the same had been issued by such county.

Approved this 23rd day of March, 1901.

CHAPTER 122.

QUARANTINE REGULATIONS.

AN ACT amending sections 14 and 15 of chapter 45, Laws of Utah, 1899, providing for the suppression of nuisances and contagious diseases, prescribing quarantine rules and regulations therefor, and relating to burial permits and health of schools.

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

SECTION 1. That sections 14 and 15 of chapter 45, Laws of Utah, 1899, be and the same are hereby amended to read as follows:

Sec. 14. Time of quarantine. The quarantine flag shall be allowed to remain at least twenty-one days after scarlet fever or smallpox and fourteen days after diphtheria is first reported, and it shall be unlawful for any person or persons to remove or interfere

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in any way with said flag without permission from the board of health. In case of death the flag shall remain for a period of not less than seven days, and longer unless the board of health is satisfied that all proper means have been employed for preventing the spread of contagion. Any person having whooping cough shall be quarantined in every respect the same as in scarlet fever or smallpox as described herein.

Sec. 15. Quarantine regulations. No person who is, or who has been affected with any of the diseases named in section 12 of this act, except typhoid fever, shall be permitted to leave the house in which he or she resides, without a permit from the board of health, to be issued on receipt of a certificate from the attending physician that all danger of communicating the disease has passed; and no person residing or lodging in a house wherein such disease is present will be permitted to leave the house without permission from the board of health. Twenty-one days must have elapsed after the quarantine has been removed from the place wherein scarlet fever or smallpox, and fourteen days wherein diphtheria has existed, before a permit to attend school will be granted the person who was affected with the disease. Other persons residing in the house will be allowed to attend school upon the removal of the quarantine, provided, they first obtain a permit from the board of health, which shall be presented at the school.

Sec. 2. This act shall take effect upon approval.
Approved this 23rd day of March, 1901.

CHAPTER 123.

DISTRICT SCHOOL TAX TO REFUND TAXES UNLAWFULLY COLLECTED.

AN ACT authorizing trustees of school districts to levy a tax to refund taxes unlawfully collected.

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

SECTION 1. Trustees may levy tax to pay judgment obtained for taxes illegally collected. That when any judgment is obtained in a court of competent jurisdiction against a school district for taxes unlawfully collected for and received by such school district, or when there are no funds for the payment of warrants issued by the trustees of any school district to refund taxes unlawfully collected for and received by such school district, the trustees of any such school district shall, in addition to all other taxes which they are empowered to levy, order to be raised upon the taxable property in such school district a sufficient amount of revenue to pay such judgment and warrants.

Sec. 2.

When made. Such order may be made on or before the first day of May of any year after the rendition of such judgment or the issuance of such warrants.

Sec. 3. This act shall take effect upon approval.
Approved this 23rd day of March, 1901.

CHAPTER 124.

POWERS OF CITY COUNCILS.

AN ACT to amend section 206 of the Revised Statutes of Utah, 1898, relating to the powers of city councils.

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

That section 206 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

206. Powers of city council enumerated. The city council shall have the following powers:

1. To control the finances and property of the corporation.

2. To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation; and to purchase, receive, hold, sell, lease, convey, and dispose of property, real and personal, for the benefit of the city, both within and without its corporate boundaries; to improve and protect such property, and to do all other things in relation thereto as natural per

sons.

3. To levy and collect taxes for general and special purposes on real and personal property as provided by law.

4. To fix the amount, terms, and manner of issuing licenses. 5. To erect all needful buildings for the use of the city.

6. To borrow money on the credit of the corporation for corporate purposes, in the manner and to the extent allowed by the constitution and the laws, and to issue warrants and bonds therefor, in such amounts and forms and on such conditions as the council shalĺ determine. The council shall provide for the payment of the interest on such bonds as the same shall become due, and for a sinking fund for the payment of the principal thereof within twenty years after issuing the same.

7. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or funding of the same.

8. To lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds; and to vacate the same.

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9. To plant or direct and regulate the planting of ornamental shade trees in streets, avenues, sidewalks, parks and public grounds.

10. To regulate the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

11. To prevent and remove obstructions and encroachments upon the same.

12. To provide for the lighting, sprinkling and cleansing of the same.

13. To regulate the opening and use thereof for the laying of gas or water mains and pipes, and the building and repairing of sewers, tunnels and drains.

14. To construct and maintain waterworks, gas works, electric light works, telephone lines, street railways, or bath houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.

15. To construct or authorize the construction of waterworks without their limits; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works; and over all reservoirs, streams, canals, ditches, pipes, and drains used in, and necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, for ten miles above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

16. To divide the city into districts for the purpose of local taxation, or to create districts for that purpose, as occasion may require.

17. To control the water and water courses leading to the city, and to regulate and control the water courses and mill privileges within the city; provided, that the control shall not be exercised to the injury of any rights already acquired by actual owners.

18. To construct, purchase, or lease, and maintain canals, ditches and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic or other purposes; and if necessary to secure said sources of water supply, to purchase or lease the land from which said water has been appropriated or applied.

19. To contract with and authorize any person, company, or association to construct gas works, electric, or other lighting works in said city, and give such persons, company, or association the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of said city, for any length of time not exceeding three years.

20. To provide for the lighting of streets, laying down of gas pipes, and erection of lamp posts; to regulate the sale and use of

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