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CHAPTER 57.

SALE OF INTOXICATING LIQUOR WITHIN TEN MILES OF AN INDIAN

RESERVATION.

AN ACT to prevent the sale of intoxicating liquor within ten miles of an Indian reservation.

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

SECTION 1. Sale of liquor within ten miles of Indian reservation. That it shall be unlawful to sell intoxicating liquor within ten miles of an Indian reservation, except in incorporated cities or towns.

Sec. 2. Penalty. Any person violating the provisions of this act shall, upon conviction, be fined not more than three hundred dollars, or imprisoned in the county jail not more than six months, or by both such fine and imprisonment, and all such fines shall be deposited in the county treasury of the county in which the offense is committed.

Approved this 14th day of March, 1901.

CHAPTER 58.

NATIONAL GUARD.

AN ACT to amend sections 1441, 1465, 1466, 1481 and 1486 of the Revised Statutes of Utah, 1898, relating to the officers of the militia and defining military courts and their jurisdiction.

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

SECTION 1. That sections 1441, 1465, 1466, 1481 and 1486 of the Revised Statutes of Utah of 1898, be and the same are hereby amended to read as follows:

1441. Who may hold commission. On and after the first day of July, 1898, no person except the officers of the staff of the commander-in-chief and of the brigadier-general shall hold any commissioned office in the national guard, who is not a male citizen of the United States over twenty-one years of age and free from the disqualifications mentioned in section 1424; provided, that no person above the age of forty-five years shall be disqualified on account of his age from holding office or serving in any organized company.

1465. Annual encampment. It shall be the duty of the commander-in-chief to assemble the national guard at a camp of instruction in each year; such encampment shall be for a period not to exceed fifteen days.

1466. Drills. Absence from. Drills shall be held by companies, troops, batteries and detachments as provided by the regulations of

the guard. Any officer, non-commissioned officer or private, absenting himself from drill without a reasonable excuse shall receive such punishment as any military court having jurisdiction may legally impose.

1481. The military courts of this state shall be:

1.

Courts of inquiry;

2. General courts-martial;

3. Garrison courts-martial; and

4. Summary courts.

1486.

Garrison courts-martial.

Garrison courts-martial for the

trial of non-commissioned officers, and privates shall consist of from one to three officers. Summary courts for the trial of non-commissioned officers and privates shall consist of one officer. The commanding officer of a regiment of a battalion, not part of a regiment, or of a separate command, or independent camp may appoint a garrison court, or a summary court, or more than one having jurisdiction over such part of his command as he may designate. The brigade commander may appoint garrison courts, or summary courts within any of the organizations as are under his direct command. Garrison court, or a summary court shall sit during the pleasure of the officer convening it. It shall be the duty of the commanding officer of every company battalion, or regiment to make return to the garrison court, or summary court having jurisdiction, of all delinquents therein; whereupon such delinquents must be forthwith summoned to appear before the court at a time and place specified in the summons. The summons may be served by any person designated by the president of a garrison court, or by the summary court officer.

Sec. 2. This act shall take effect upon approval.
Approved this 14th day of March, 1901.

CHAPTER 59.

RESERVOIR LAND GRANT FUND.

AN ACT creating the reservoir land grant fund and providing for the procuring of reservoir sites and the construction of reservoirs for the purpose of supplying water to state lands.

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

SECTION 1. Creation of reservoir fund. There is hereby created a fund to be known as the reservoir land grant fund, said fund to consist of all moneys received from the sale of land selected under the grant for this state of five hundred thousand acres of land for the establishment of permanent water reservoirs for irrigating pur

poses.

Sec. 2. Selection of sites for reservoirs. The state board of land commissioners is hereby authorized and directed to cause to be selected suitable sites for the construction of reservoirs and to procure by selection grant, or purchase, the title to the land to be covered by water stored in such reservoirs, and to cause to be constructed suitable reservoirs for the purpose of storing water to be supplied to the state lands, whenever in its judgment the interest of the state would be promoted thereby.

Sec. 3. Plans and specifications. Whenever a reservoir site has been selected and located, the said board shall cause to be made, by the state engineer, plans and specifications in detail showing the kind and quantity of materials required and the work necessary to be performed in the construction of such reservoir, together with an estimate of the total cost of the same and of the number of acres that may be irrigated therefrom; all plans and specifications shall be made with a view to constructing a substantial, permanent reservoir.

Sec. 4. Advertisement for bids. If the board shall determine to construct any such reservoir it shall cause to be published in at least three newspapers having general circulation in the state, a notice calling for bids for each class of material to be furnished and work to be done in the construction of the same. Such notice shall be published for at least thirty days prior to the day fixed for opening such bids, and each bid must be accompanied with a certified check for at least ten per cent. of the amount of such bid, conditioned that the bidder will, within thirty days after the acceptance of his bid, enter into a good and sufficient bond for the faithful performance of his contract.

Sec. 5. May award contracts. At the time fixed for opening such bids the board shall proceed to consider the same, and may award the entire contract to one bidder, or may let any class of material or work as the board may deem best. The successful bidder must enter into a contract to complete the reservoir in accordance with the plans and specifications, and must enter into a bond with two or more good and sufficient sureties for the faithful performance of the contract." The contract must require that all material and work will be subject to the approval of the state engineer or the assistants selected by the board.

Sec. 6. Id. The said board is fully authorized to make all necessary contracts for the construction of any and all reservoirs undertaken under the provisions of this chapter.

Sec. 7. Supervision of construction. During the construction of any reservoir the said board shall cause the same to be supervised by the state engineer with such assistants as it may deem neces

sary.

Sec. 8. Manner of making payments. As the work progresses and at such times as is provided in the contract for making payments, the board must make a requisition upon the State Auditor for such sums of money as may be necessary to make such payments upon

the contract, and the State Auditor must thereupon draw his warrant upon the State Treasurer for the amount specified in such requisition, the same to be paid out of any money in the reservoir land grant fund.

Sec. 9. Appropriation. For the purpose of carrying out the provisions of this chapter the sum of five hundred thousand dollars is hereby appropriated out of the reservoir land grant fund, but no money shall be appropriated or paid out of any other fund for the construction of reservoirs within the state.

Sec. 10. Unpaid warrants to draw interest. If any warrant drawn on the said fund is not paid by the State Treasurer upon presentation, he shall register the same and indorse thereon "not paid for want of funds," giving the date thereof, and whenever the treasurer has the sum of one thousand dollars on hand, in said fund, he shall call in the warrants, issued on said fund and registered, in the order of their presentation.

Sec. 11. Patents to convey interest in reservoir. All reservoirs constructed under the provisions of this act, together with the water rights acquired thereby, shall be and remain the property of the state of Utah until the land to be irrigated thereby is sold and disposed of and fully paid for, and the same shall become appurtenant to the lands to be irrigated thereby, and when any such lands are sold and patented by the state such patents shall convey a proportionate interest in such reservoirs and water rights.

Sec. 12. Board may make rules. The board may make any and all needful rules for carrying out the provisions of this chapter. Approved this 14th day of March, 1901.

CHAPTER 60.

FEES OF SECRETARY OF STATE.

AN ACT to amend section 965 of the Revised Statutes of Utah, 1898, providing the fees to be collected by the Secretary of State for services performed in his office.

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

SECTION 1. That section 965 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

965. Fees of Secretary of State.

For a copy of any law, resolution record, or other document, or paper on file in his office, fifteen cents per folio.

For affixing certificate and seal of state, one dollar.

For receiving and filing each original or certified copy of artices of incorporation, he shall charge and collect the sum of twenty

five cents on each one thousand dollars of capital stock of any company or corporation; provided, that the same sum shall be charged and collected for receiving and filing certified copies of articles of incorporation or of amendments increasing the capital stock of foreign corporations hereafter organized for the purpose of operating property or carrying on business in this state. No fee shall be charged for filing certified copy of articles of incorporation organized not for pecuniary profit.

For filing each certified copy of an amendment to articles of incorporation increasing the capital stock of any corporation, and issuing certificate thereof, twenty-five cents for each one thousand dollars of increase of such capital stock.

For filing each certified copy of other amendments to articles of incorporation, and issuing certificate thereof, five dollars.

For receiving and filing articles of incorporation and by-laws of foreign corporations not included in the proviso to the third subdivision above, twenty-five dollars.

For issuing each certificate of incorporation, five dollars.

For issuing each certificate of incorporation not organized for pecuniary profit, one dollar.

For receiving and recording each official bond, two dollars.

For each commission signed by the Governor, five dollars; provided, that no charge shall be made for commissions for public officers serving without compensation.

For filing each trade mark, three dollars.

For filing each annual statement of insurance company, twentyfive dollars.

For filing notice of appointment of agent, five dollars.

For filing each annual tax statement of insurance company, two dollars.

For issuing certificate of authority to each agent or solicitor of insurance company, five dollars.

For certificate of renewal of authority to agent or solicitor of insurance company, two dollars.

For issuing certificate of authority to each insurance company, five dollars.

For filing list of authorized attorneys for each insurance company, one dollar.

For preparing abstract of annual statement of each insurance company and certifying same, five dollars.

For filing annual statement of each building and loan association, five dollars.

For issuing certified copy of annual statement of building and loan association, two dollars.

For issuing certificate of authority to building and loan association, three dollars.

For filing and certifying private banker's preliminary statement, twenty-five dollars.

For filing each quarterly statement of each bank and issuing a certified copy thereof, five dollars.

For receiving and filing an acceptance of the provisions of the

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