Sec. 2. To be paid on order of the Governor. That said money so appropriated shall be paid out on the order of the Governor under such limitations, rules and regulations, as may be prescribed by the state board of horticulture, and for the purpose of destroying said scale only. Approved this 14th day of March, 1901. CHAPTER 77. STORAGE OR TRANSPORTATION OF DANGEROUS EXPLOSIVES. AN ACT relating to the marking of explosives, inflammable substances or dangercus acids, chemicals and compounds for storage or transportation, and providing penalties for the violation of this act. Be it enacted by the Legislature of the State of Utah: SECTION 1. Penalty for delivering dangerous explosive for storage or transportation. That every person who knowingly leaves with or delivers to another, or to any express or railway company or other common carrier, or to any warehouse or storehouse any package containing nitro-glycerine, dynamite, guncotton, gunpowder, or other highly explosive compound, or any benzine, gasoline, phosphorus, or other highly inflammable substance or any vitriol, sulphuric, nitric, carbolic, muriatic, or other dangerous acid, chemical or compound, to be handled, stored, shipped or transported, without plainly marking and indicating on such package the name and nature of the contents thereof, is guilty of a misdemeanor, and punishable by a fine not exceeding three hundred dollars, or by imprisonment in the county jail not exceeding six months. Sec. 2. This act shall take effect upon approval. CHAPTER 78. NOTICE OF SALE OF PROPERTY FOR TAXES. AN ACT to amend section 2620 of the Revised Statutes of Utah, 1898, relating to the publication of and the contents of the notice of sale of property for taxes. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2620 of the Revised Statutes of Utah, of 1898, be and the same is hereby amended to read as follows: 2620. Publication delinquent tax list. Contents. On or before the first Monday of December of each year, the county treasurer must, under the direction of the county commissioners, publish the delinquent list, which must contain the names of the owners when known and the description of the property delinquent or subject to a lien of taxes, classified in towns and cities by addition, subdivision, plat, block and lot, and other lands by range, township and section, or legal subdivision thereof, with the amount of taxes due, exclusive of cost. The county treasurer must publish with such list a notice that unless the delinquent taxes together with the costs of publication are paid before the third Monday of December, the real property upon which such taxes are a lien will be sold for taxes and costs, beginning on said date, at the front door of the county court house. Publication must be commenced on or before the first Monday of December, and shall be made for a period of ten days thereafter, in a newspaper having a general circulation in the county; provided, that it shall not be necessary to publish in said delinquent list, any property upon which the county has taken a tax deed and to which the county still retains title. Approved this 14th day of March, 1901. CHAPTER 79. JUDGMENTS FOR TAXES UNLAWFULLY COLLECTED. AN ACT to amend section 2685, of the Revised Statutes of Utah, 1898, relating to judgments for taxes unlawfully collected. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2685 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 2685. Payment under protest. Judgment for plaintiff. Repayment. In case it be determined in such action that said tax or license, or any portion thereof so paid under protest, was unlawfully collected, judg ment for recovery thereof and lawful interest thereon, together with costs of action, shall be entered in favor of the plaintiff, and upon being presented with a duly authenticated copy of such judgment, the proper officer or officers of the county or municipality whose officers collected or received such tax or license shall audit and allow such judgment, and cause a warrant to be drawn on the treasury of that county or municipality for the amount recovered by said judgment in favor of the legal holder thereof; and when any such judgment has been or may hereafter be obtained against a county, and any portion of the taxes included in the judgment were state, state school, county or district school taxes which have been or may hereafter be paid over to the state, state school, county school, or to any school district, by such county, the proper officer or officers of the state, state school, county school or any school district shall upon demand by such county, cause a warrant to be drawn upon the treas urer of the funds of the state, state school, county school or any Sec. 2. This act shall take effect upon approval. pealed's p. CHAPTER 80. CHURCH AND CHARITABLE INCORPORATIONS. AN ACT providing for the incorporation of churches and religious societies. Be it enacted by the Legislature of the State of Utah: SECTION 1. Corporations for religious or charitable purposes. Corporations may be formed for acquiring, holding and disposing of church or religious society property for the benefit of religion, for works of charity and for public worship, in the manner hereinafter provided in this act. Sec. 2. Articles of incorporation. Any person being the archbishop, bishop, overseer, presiding elder, rabbi or clergyman of any church or religious society who shall have been duly chosen, elected or appointed, in conformity with the constitution, canons, rights, regulations or discipline of said church or religious society, and in whom shall be vested the legal title to the property of such church or religious society, may make and subscribe written articles of incorporation in duplicate, and acknowledge the same before some officer authorized to take acknowledgments, and file one of such ar ticles in the office of the Secretary of State and retain possession of the other. Sec. 3. Id. Contents. The articles of incorporation shall specify: First. The name of the corporation, by which it shall be known. Second. The object of said corporation. Third. The estimated value of the property at the time of making the articles of incorporation. Fourth.—The title of the person making such articles. Sec. 4. Powers of corporation. Sale of real estate. Upon making and filing for record articles of incorporation as herein provided, the person subscribing the same and his successor in office by the name or title specified in the articles, shall thereafter be deemed, and is hereby created, a body politic and a corporation sole, with continual perpetual succession, and shall have power to acquire and possess by donation, gift or purchase, and to retain and enjoy prop erty, real, personal and mixed, and to sell,grant, convey, rent or otherwise dispose of the same, as may be necessary to carry on or promote the objects of the corporation. Provided, that real estate shall not be mortgaged, encumbered, leased, sold or conveyed without the consent of a majority of the members of the church or religious society present at a meeting duly called for that purpose, upon not less than fourteen days' notice to be given by publication in some newspaper having general circulation in the place where such corporation has its principal office, or if there be no such newspaper, then by posting on the door of the usual meeting place or places; such notice shall state the time, place and object of the proposed meeting. Sec. 5. Id. Such corporations shall have the power to contract and be contracted with, to sue and be sued, plead and be pleaded in all courts of justice, and to have and use a common seal by which all deeds and acts of such corporation may be authenticated. Sec. 6. Deeds and other instruments, execution of. All deeds and other instruments of writing shall be signed by the person representing the corporation, in the official capacity designated in the articles of incorporation, and be sealed with the seal of the corporation, an impression of which seal shall be filed in the office of the Secretary of State. Sec. 7. Proof of corporation. The articles of incorporation, or a certified copy of those filed and recorded in the office of the Secretary of State, shall be evidence of the existence of said corporation. Approved this 14th day of March, 1901. CHAPTER 81. GENERAL CORPORATIONS. AN ACT to amend sections 315 and 316,of the Revised Statutes of Utah of 1898, providing for the formation of general corporations, and ratifying the incorporation of certain corporations. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 315 and section 316, of the Revised Statutes of Utah, 1898, be amended to read as follows: 315. Articles of Agreement. Contents. The incorporators shall enter into an agreement in writing, signed by each of them, and sworn to by at least three of their number, as hereinafter provided, before the county clerk or any notary public of the county in which they have established or intend to establish their principal place of business, stating: 1. The name of the incorporation. 2. The precinct or city where it is organized. 3. The names of the incorporators and their places of residence. 4. The time of its duration, which shall not in any case be less than three nor more than one hundred years. 5. The pursuit or business agreed upon, specifying it in gene ral terms. 6. The place of its general business. 7. The amount of stock each party has subscribed. 8. The amount of each share, and the limit of capital stock agreed upon. 9. The number and kind of officers, their qualifications and term of office, and the time and manner of their election, removal, and resignation, with the names of the officers to serve until the first general election; provided, that in no case shall the number of directors be less than three nor more than twenty-five. 10. How many of the entire board of directors shall be necessary to form a quorum and be authorized to transact the business and exercise the corporate powers of the corporation; provided, that a quorum shall not be less than one-fourth of the entire number. 11. Whether or not the private property of the stockholders shall be liable for its obligations. 12. Such additional clauses as the incorporators deem necessary for conducting the business of the corporation and for its future. safety and welfare. 316. Oath. Subscriptions paid in property. To the agreement prepared in accordance with the provisions of the preceding section, there shall be added the oath or affirmation of three or more of the incorporators taken before any officer duly authorized to administer an oath, to the effect that they have commenced, or it is bona fide their intention to commence and carry on, the business mentioned in the agreement, and that the affiants verily believe that each party to the agreement has paid or is able to and will pay the amount of the stock subscribed for by him; provided, that said affidavit shall not be made until at least ten per cent of the stock subscribed by each stockholder and not less than ten per cent of the capital stock of the corporation has been paid in; provided, further, that where subscriptions to the capital stock of any corporation formed under the provisions of this chapter shall consist, in whole or in part, of property necessary to the pursuit agreed upon, there must appear in the articles of incorporation a description of the property so taken with a statement of the fair cash value thereof, which statement, except in the case of corporations organized for mining or irrigating purposes, shall be supplemented by the affidavits of three persons, to the effect that they are acquainted with said property and that it is reasonably worth the amount in cash for which it was accepted by the corporation; and the owners of such property shall be deemed to have subscribed such amount to the capital stock of such corporation as will represent the fair estimated cash value of so much of such property, or of such interest therein, amruded 169-05 |