to another county for grazing or feeding purposes, he shall not be required to pay any additional taxes on said stock to such county into which they are driven or removed, provided that such owner or his agent shall file with the county clerk of such county, a copy of the certificate set forth in section 7, together with a statement from said owner or his agent showing the date when such stock were brought into said county and the date when they will probably leave, such certificate and statement must be filed in each county into which such stock are driven or removed, in order to claim the exemption from further taxation.

Sec. 9. Apportionment of tax on transitory stock. Or the fifteenth day of January of each year it shall be the duty of the county commissioners of each county wherein such certificate and statements have been filed, showing that live stock upon which the taxes have been paid in any county for the previous year, have ranged for a portion of such year in another county, to file a statement with the county commissioners of the county wherein the taxes for such year have been paid, claiming from such county such proportion of the taxes as the time during which such live stock ranged in said county, will bear to the whole of the year, which said account after deducting therefrom the costs of assessing and collecting the same, shall be paid by the county receiving the entire tax of the county or counties entitled to a division thereof, as above set forth, with the exception that no portion of the tax collected for state, district school or municipal purposes shall be considered in this connection.

Sec. 10. Stock omitted by first assessment may be assessed by assessor of county where found. If the assessment in the county where first made is not in full, then the assessor of such other county in which such transient stock may be ranging, is authorized to assess such stock to the number omitted in the previous assessment, and such taxes on the number so assessed shall be paid in the county where such last assessment is made.

Sec. 11. County commissioners to bring suit against persons failing to comply with this act. It shall be the duty of the county commissioners of the county in which such live stock shall be kept and herded without having first complied with the provisions of this act, upon receiving satisfactory information of such fact, to institute such civil action in the name of the county, against the person so keeping or herding such live stock, or his agent. If the owner of such live stock be not known to such commissioners, it shall be lawful to make an agent of such person, or any person having the care and custody of such live stock the defendant in such action, and service of the summons upon such agent, or person having the care and custody of such live stock, shall be considered and held to be personal service upon the owner thereof.

Sec. 12. Attempt to remove stock pending action. Penalty. If any person having the care or custody of such live stock shall, pending an action instituted as provided in the last section, drive or move said live stock out of the county with intent to move the same out of the state, or with the intent to evade the payment of the for

feiture hereinbefore named, upon affidavit to that effect being made and filed in an action being brought to recover said forfeiture or tax herein provided, writs of attachment may issue as in civil actions, and the proceedings therein shall be as in other cases, except that no undertaking on attachment shall be required; and in addition thereto, any person so driving or moving such live stock shall be punished by a fine of not less than ten dollars nor more than three hundred dollars, or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment, for each and every offense.

Sec. 13. Penalty for failure to file certificate or give bond. Any person named in section 2 of this act, or his agent, who shall bring any live stock into this state for grazing purposes, and shall keep and herd the same in any county of the state without first filing said certificate, and without paying the amount of money per head as herein before provided, or giving the bond named in section 4 of this act shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars, and shall further forfeit and pay the sum of forty cents for each and every head of cattle thereof, and ten cents for each and every head of sheep, for the use of said county, which said forfeit shall be collected by a civil action in the name of the county in which said live stock are, or were, so kept and herded.

Sec. 14. Penalty for failure to file certificate when driven from one county to another. Any person, or his agent, bringing live stock from one county in this state into another county for grazing purposes, without filing the statement and certificate as provided by section 8 of this act, within thirty days after he has crossed the county line shall be subject to a fine of not less than ten dollars nor more than one hundred dollars, or imprisonment in the county jail not to exceed six months, and in addition thereto, said live stock shall not be exempt from taxation in the county from which they are taken.

Sec. 15. Any officer failing to comply with provisions of this act guilty of misdemeanor. Any county officer or member of the board of county commissioners or board of equalization, who shall fail to perform the duties prescribed by this act, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars.

Sec. 16. Repeal. Sections 2537, 2538, 2539, 2540, 2541 and 2542 of the Revised Statutes of Utah, 1898, and all of chapter 44 of the session laws of 1899, be and the same are hereby repealed.

Sec. 17. This act shall take effect upon approval.

Approved this 19th day of March, 1901.

CHAPTER 106.

JUSTICES OF THE PEACE IN CITIES OF THE FIRST CLASS.

AN ACT relating to justices of the peace in cities of the first class, and defining their jurisdiction, and limiting the application of this act to justices of the peace hereafter elected.

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

SECTION 1. Justices of the peace in cities of the first class. In cities of the first class of this state, every justice of the peace shall reside in, and shall hold a justice court in the city for which he is elected.

Sec. 2. Civil jurisdiction of. Justices of the peace in cities of the first class shall have civil jurisdiction within their respective cities, viz.:

1. In actions arising on contract for the recovery of money only if the sum claimed is less than ten dollars.

2. In actions to recover the possession of personal property when the value of such property is less than ten dollars.

3.

To hold inquests on the bodies of such persons as are supposed to have died by unlawful means within cities of the first class as is now provided by law for justices of the peace.

Sec. 3. No criminal jurisdiction. Justices of the peace in cities of the first class shall have no criminal jurisdiction, or jurisdiction as committing magistrates.

Sec. 4. Practice. Appeal. The rules cf practice and mode of procedure in justices' court shall be the same as are, or may be, prescribed by law for justices of the peace, without cities of the first class. From all final judgments of justices' courts in cities of the first class, an appeal may be taken by either party to the district court of the county in the manner provided by law for appeals from justices' courts in similar cases without cities of the first class.

Sec. 5. This act shall in no way affect the jurisdiction of the present justices of the peace, holding court in cities of the first class, but they may exercise such jurisdiction as is now provided by law during their present term of office.

Approved this 22nd day of March, 1901.

CHAPTER 107.

PRECINCT OFFICERS.

AN ACT to amend section 544 of the Revised Statutes of Utah, 1898, enumerating precinct officers, providing for the division of counties, for the purpose of electing precinct officers, and making the municipal boundaries of cities of the first class one precinct for the purpose of electing a justice of the peace and constable.

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

SECTION 1. That section 544 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

544. Precinct officers. The officers of a precinct are, one justice of the peace, and one constable. The board of county commissioners of each county as public convenience may require, shall divide their respective counties into precincts, for the purpose of electing justices of the peace and constables, provided, that cities of the first class shall not be divided into precincts, for the purpose of electing precinct officers, but such cities shall be deemed one precinct, for the purpose of electing one justice of the peace, and one constable therefor.

Approved this 22nd day of March, 1901.

CHAPTER 108.

ELECTION OF CERTAIN CITY OFFICERS.

AN ACT to amend section 1, chapter 24 of the Laws of 1899, entitled, "An act to amend section 213, chapter 6, title 10, Revised Statutes of Utah, 1898, providing for the election of certain officers in the cities and towns of this state and fixing the terms thereof," approved March 9th, 1899.

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

SECTION 1. That section 1 chapter 24 of the session laws of Utah, 1899, be, and the same is hereby amended to read as follows:

213. Certain city officers to be elected. In addition to the mayor and city councilmen, there shall be elected in all cities of the state, a city recorder, a city treasurer and a city justice of the peace; and also in cities of the first and of the second class, a city attorney and a city auditor; and in cities of less than twelve thousand inhabitants, a city marshal, provided, that in cities of less than twelve thousand inhabitants the city recorder shall be ex-officio city auditor and shall perform the duties of such office without extra compensation therefor; provided, that in cities having a population of over fifteen thousand, the office of city justice of the peace, is hereby abolished,

and no election for said office shall be held. This proviso shall not affect the office, or term of office of present city justices of the peace. All elective officers shall hold their respective offices for two years, and until their successors are elected and qualified. Approved this 22nd day of March, 1901.

AN ACT relating to and establishing city courts in cities of the first class, providing for the qualifications, election and removal of its judges, their salaries, powers, authority and term of office, filling of vacancies by appointment, designating the clerk and fixing his duties and fees, costs and fines to be collected and the disposition and division of the same between the city and county, fixing the jurisdiction, both civil and criminal, removal of cases to district courts in certain cases, providing for the payment of witnesses and jurors, and providing for appeals, and prescribing the rules of practice and proced

ure.

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

SECTION 1. City court created. There is hereby created within cities of the first class in this state, a court to be known as the city court of (naming the city), and there is also created the office of city judge, whose election, qualification, duties and term of office shall be as hereinafter provided.

Sec. 2. Judges of the city court to be elected. Term. At the municipal election, to be held on the Tuesday following the first Monday of November, in the year 1901, and quadrennially thereafter, there shall be elected in each of the cities of the first class of this state, two judges, to be known as judges of the city court, whose term of office shall be for four (4) years, beginning at twelve o'clock noon on the first Monday of January, succeeding their election, and to hold office for the period of four years, and until their successors are elected and qualified, as hereinafter stated. The said judges shall be elected by the qualified electors of the respective cities of the first class, and under the laws and regulations governing general elections; provided, however, that the first election shall be held under the laws and regulations governing municipal elections. provided further that the judges so elected at the first election, herein provided for, shall hold office for the term of three years, and until their successors are elected and qualified, and their successors shall be elected at the general election to be held on Tuesday next following the first Monday in November, 1904.

And

Sec. 3. Qualifications. No person shall be eligible to the office of judge of the city court, who, at the time of his election, is not a qualified elector, and a bona fide resident of the city of the first class, for which he may be elected, nor shall any person be eligible