Sec. 2. Unlawful for any person to use, sell or injure any package labeled with any such brand. It shall be unlawful for any person or persons, without the written consent of the owner or owners thereof, to use, sell, dispose of, buy or traffic in, or to wilfully break, destroy or otherwise injure any such barrels, kegs, casks, boxes, fountains, tanks, siphons, bottles, jugs or other vessels or any of such tools, implements or apparatus, or to wilfully mar or erase any such names, brands, marks or other designations so appearing thereon, or to fill any such barrels, kegs, casks, boxes, fountains, tanks, siphons, bottles, jugs or other vessels with other beverages, medicines, compounds or substances whatever.

Sec. 3. Penalty. Any person or persons, association or corporation, who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace shall be fined five dollars for every barrel, cask, keg, box, siphon, fountain or tank, and one dollar for every bottle, jug or other vessel, and one dollar for every tool, implement or other apparatus, so by him or them used, sold, disposed of, bought, trafficked in or so marred, erased, broken, destroyed or otherwise injured or filled, together with the costs of prosecution; and the employer or principal shall be so liable for the acts of his employees or agents for any such violation of this act, when engaged in the business of such employer or principal.

Sec. 4. Procedure. The using by any person other than the rightful owner thereof, without such written permission, of any such cask, barrel, keg, fountain, tank, bottle, siphon, box or other vessel for the sale therein of ale, porter, lager beer, soda or mineral waters, or other beverages, or any other article of merchandise, medicine, compound or preparation to be furnished to customers, or the buying, selling or trafficking in any such barrel, keg, bottle, fountain, tank, siphon, box or other vessel, or any such tool, implement or apparatus by any person other than the owner, without the written permission of such owner, or the fact that any junk dealer or other dealer in casks, kegs, bottles, siphons, boxes, fountains, tanks or other vessels, or the fact that any other manufacturer or bottler who is not the rightful owner thereof shall have in his possession any such cask, barrel, keg, bottle, fountain, tank, siphon, box or other vessel, tool, implement or apparatus, so marked or stamped and registered as aforesaid, without such written permission, shall and is hereby declared to be a prima facie evidence that such use, buying, selling, trafficking in or possession is unlawful within the meaning of this act. And it is hereby declared to be the duty of any justice of the peace, upon complaint having been made in writing before him, that any person or persons, associations or corporation has violated any of the provisions of this act, to immediately issue his warrant and cause such person or persons so accused to be brought before him, and proceed to try such accused party, and in case such accused party be found guilty of having violated any of the provisions of this act, to assess the fine as provided in the third section of this act,

such fines and costs to be collected as provided by law in other cases of misdemeanor.

Sec. 5. Search warrant. In case such owner or owners of any such cask, barrel, bottle, box, fountain, tank, siphon or other vessel, or tool, implement or apparatus, shall, in person or by his agent, make oath in writing before any justice of the peace, that he has reason to believe, and does believe, that any other person is possessed of or is using as by this act declared unlawful, any of the casks, barrels, kegs, bottles, boxes, fountains, tanks, siphons, or other vessels, tools, implements or apparatus of such person or his principal or that any junk dealer or other dealer in casks, barrels, kegs, bottles, siphons, fountains, tanks, or boxes, or any other dealer, manufacturer or bottler, has any such casks, barrels, kegs, boxes, fountains, tanks, siphons or other vessels or tools, implements or apparatus secreted in, about or upon his, her or their premises, the said justice of the peace shall issue his search warrant and cause the premises so designated to be searched, as in other cases where search warrants are issued, as is now provided by law. And in case such barrel, cask, keg, bottle, box, fountain, tank, siphon or other vessel, or any such tools, implements or other apparatus shall be found in, about or upon the premises so designated, the officer executing such warrant shall thereupon arrest the person or persons named in such search warrant, and bring him, her or them before the justice of the peace who issued such warrant, who shall thereupon hear and determine such case, and if the accused is found guilty he, she or they shall be fined, as provided in the third section of this act.

Sec. 7. Exemption from penalty on condition. That no person shall be subject to punishment, or liable to the penalty prescribed in this act, who shall, within thirty days after the approval thereof, in good faith, offer to deliver all such articles in his possession or under his control, to the rightful owner, upon payment to him by such owner of any rebate or deposit which such owner received when he parted with possession of the same.

Approved this 23rd day of March, 1901.

CHAPTER 120.

ANNEXATION OF SAN JUAN COUNTY TO GRAND COUNTY.

AN ACT amending section 467 and repealing section 476 of the Revised Statutes of Utah, 1898, providing for annexing San Juan county to Grand county, the manner of carrying the same into effect, and prescribing the conditions therereof.

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

SECTION 1. That section 467 of the Revised Statutes of Utah. 1898, be, and the same is hereby amended to read follows:

467. Grand county: Beginning at the intersection of the summit of Brown Cliffs with the eastern boundary of the state, thence westerly along the summit of said cliffs to the third standard parallel south; thence west to the middle of the main channel of Green river; thence southerly and southwesterly down the middle of the channel of the Green and Colorado rivers to the southern boundary of the state; thence east to the eastern boundary of the state; thence north to the place of beginning.

Sec. 2.

Sec. 476 repealed. That section 476 of the Revised Statutes be, and the same is hereby repealed.

Sec. 3. San Juan annexed to Grand county. That all territory heretofore included within the boundaries of San Juan county is hereby annexed to and made part of Grand county.

Sec. 4. Precincts and school districts continued. That the precincts and school districts existing in the county of San Juan at the time this act takes effect shall so continue and become precincts and school districts of the county of Grand, and shall remain as now organized until changed in pursuance of law, and the officers of such precincts and school districts shall hold their respective offices until the expiration of the terms thereof.

Sec. 5. Property of San Juan county vested in Grand county. That all property, both real and personal, held and owned by the county of San Juan at the time of the taking effect of this act is hereby vested in the county of Grand.

Sec. 6. Terms of county officers terminated. Must deliver books and papers. That upon the taking effect of this act the terms of all county officers in the county of San Juan shall terminate and cease, and it is hereby made the duty of such officers to immediately deliver to the corresponding officers of Grand county all books, records, property and effects belonging to such offices, and the same shall become the public and official books, records and papers of Grand county.

Sec. 7. Persons in custody to be delivered. Any person who, at the time of the taking effect of this act is confined under lawful commitment in the county jail of San Juan county, 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 Grand county, and such person shall be confined in the county jail of Grand county for the unexpired portion of the sentence or held to answer as specified in the commitment.

Sec. 8. Criminal actions pending. All criminal prosecutions and penal actions which shall be pending in San Juan county at the time of the taking effect of this act shall be prosecuted to judgment and execution in Grand county. All offenses committed in the county

of San Juan prior to the taking effect of this act and which shall not have been prosecuted, may be prosecuted in the county of Grand.

Sec. 9. Civil actions pending. All actions, cases, proceedings and matters pending in the district court in San Juan county at the time of the taking effect of this act may be proceeded with in the district court in Grand county.

Sec. 10. Bonded indebtedness. That upon the taking effect of this act all bonded indebtedness of the county of San Juan shall be transferred to and become the indebtedness of the county of Grand, with like effect as if the same had been issued by the county of Grand.

Sec. 11. When act takes effect. This act shall take effect upon the first Monday in January after the date upon which a majority of the legal voters of the said counties shall vote in favor of annexing the county of San Juan to the county of Grand at an election held in pursuance of the provisions of the law for submitting such questions to the legal voters of said counties.

Approved this 23rd day of March, 1901.

CHAPTER 121.

MANNER OF ANNEXING A COUNTY TO AN ADJOINING COUNTY.

AN ACT providing the manner of annexing a county to an adjoining county, and prescribing the conditions of such annexation.

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

SECTION 1. Petition for annexation. Submission to electors. Whenever a majority of the legal voters of any county of this state desire to have the territory included within the boundaries of such county annexed to an adjoining county, they may petition therefor to the board of county commissioners of the county in which they reside, which shall be hereafter referred to as the county to be annexed, as well as to the board of county commissioners of the county to which they desire to be annexed, which shall hereafter be referred to as the annexing county. Such petition must be presented before the first Monday in June of any year, and if presented in a year during which the general election is held, the county commissioners must cause the said proposition to be submitted to the legal voters of each of said counties at a general election. If the

petition be presented during the year in which there is no general

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..

county to

county to...

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 herein before provided, such annexation shall be made under the following conditions:

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.