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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.

adding bec. 35 124

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.
Approved this 22nd day of March, 1901.

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 sufficient 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.
Approved this 23rd day of March, 1901.

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:

2627. Manner of redemption from tax sale. Real estate sold 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.
Approved this 23rd day of March, 1901.

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. 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.

8. The cash value of city and town lots.

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. The purchase price per acre paid the government for mines and mining claims.

12.

13.

14.

The amount of money.

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

the assessment roll. No value, however, must be assessed against the exempt land, nor under any circumstances must the land be charged with or become responsible for the assessment made against any taxable improvements located thereon.

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16. Such other things as the state board of equalization may require; provided, that all assessments made on property within this state prior to the taking effect of this title so far as the same have been made in accordance with law, are hereby validated and confirmed; and provided further, that the state board of equalization is empowered, whenever it may deem it necessary, to furnish the assessment book required by this section, in two books, viz: one book for the listing of all real estate, improvements, mines and mining claims, and one book for the listing of all personal property. Approved this 23rd day of March, 1901.

CHAPTER 119.

BRANDS, LABELS AND PROPERTY MARKS.

AN ACT in relation to the brands and property marks of bottles, kegs, casks, barrels, boxes, fountains, tanks, siphons and other vessels, and tools, implements and apparatus of all kinds, and for the protection of owners thereof, and providing a penalty for the violation hereof.

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

SECTION 1. Owner of brand, label or property mark must file description in county clerk's office and publish same. All manufacturers, bottlers or dealers in soda or mineral waters, beer, ale, porter, cider, wine or other beverages, or medical or other preparations, who shall use barrels, kegs, casks, boxes, fountains, tanks, jugs, siphons, bottles or other vessels, or any tools, implements or apparatus, upon which shall be stamped, impressed, engraved, printed, painted or in any manner affixed the names, brands, marks, trademarks or other designations of ownership by said manufacturers, bottlers or dealers respectively, shall file in the office of the county clerk of the county wherein the principal office, manufactory or depot of such business is located in this state, a description of the names, brands, marks or other designations of ownership, so used by them respectively, and cause the same to be published for two successive weeks in a daily newspaper of general circulation in such county; provided, however, that it shall be unlawful for any manufacturer, bottler or dealer aforesaid to file or publish as aforesaid the name, brand, mark or trademark of or other designation of ownership by any other manufacturer, bottler or dealer.

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