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otherwise appropriated the sum of fifteen hundred dollars, or so much thereof as may be necessary, to be disbursed upon the warrant of the state auditor when duly authorized by the state board of examiners.

Sec. 4. This act shall take effect upon approval.
Approved March 9, 1899.

CHAPTER 41.

DAIRY AND FOOD COMMISSIONER.

AN ACT to Amend Section 2447, Chapter 7, Title 63, Revised Statutes of Utah, 1898, Relating to the Duties of the Dairy and Food Commissioner.

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

SECTION 1. That section 2447, chapter 7, title 63, Revised Statutes of Utah, 1898, be amended to read as follows:

Sec. 2447. To Enforce Laws Against Impure Products. Inspection by. To Prosecute Offenders. It shall be the duty of the commissioner and he is hereby invested with the powers to enforce all laws that now exist or that may hereafter be enacted in this state regarding the production, manufacture or sale of dairy and creamery products or the adulteration of any article of food or drink or any drug, and regarding the use of skimmed or adulterated milk and the feeding unwholesome food to cattle and the keeping of cattle having infectious or contagious diseases; and said commissioner shall personally or by his deputy inspect any article of milk, butter, cheese, meat, vegetables, lard, syrup, coffee, tea or any other article of food or drink made or offered for sale within this state which he may suspect or have reason to believe to be impure, unhealthy, adulterated or counterfeit. And said commissioner shall personally or by his deputy, when complaint is made of the violation of any law relating to the feeding or keeping upon the premises for the purpose of feeding, any unwholesome food for cattle, or the keeping of cattle afflicted with any contagious or infectious disease, immediately investigate said charge and shall at once prosecute or cause to be prosecuted any person or persons, firm or firms, corporation or corporations violating any of the laws of this state which it is the duty of said commissioner to enforce.

Approved March 9, 1899.

CHAPTER 42.

JUSTICES' COURTS.

AN ACT to Regulate the Practice in Justices' Courts and For the Repeal of Sections 3675 and 3676 of the Revised Statutes of Utah:

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

SECTION 1. Manner of Commencing Action. justice's court is commenced by filing a complaint.

An action in a

Sec. 2. Filing Complaint. Summons. The court must endorse on the complaint the date upon which it was filed; and make an entry of such filing in his docket with the date thereof and at any time within three months thereafter the plaintiff may have summons issued.

Sec. 3. Summons, Form of.

The summons must be issued and signed by the justice, and shall be substantially in the following form.

In the justice's court, in and for the

precinct, city of

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The state of Utah to the defendant:

You are hereby summoned to appear before the above entitled court within ten days after the service of this summons upon you, if served within the county in which this action is brought, otherwise, within twenty days after this service, and defend the above entitled action; brought against you to recover [stating in general terms the nature of the cause of action] and in case of your failure to do so, judgment will be rendered against you according to the demand of the complaint.

E. F.,
Justice of the peace.

Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed.

Approved March 9, 1899.

CHAPTER 43.

"PRESENT OWNERSHIP" MAPS.

AN ACT Prescribing the Duties of County Recorders in Relation to Maintaining "Present Ownership" Maps, and Furnishing for the Use of the County Assessor, Copies Thereof; and Repealing Acts and Parts of Acts in Conflict Therewith.

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

SECTION 1. County Recorders Must Keep "Present Ownership" Maps. In all counties of this state the county recorder shall prepare and keep plats, drawn to a convenient scale, which shall at all times show the record owners of each tract of land in the county, together with a description of such tract; provided, however, that the maps and such descriptions now in possession of the county assessor shall constitute the basis of establishing the ownerships as of February 6, 1899, at 12 o'clock noon, and the county recorder shall not be required to trace any title back of said last mentioned date and hour to prove the accuracy of such assessor's plats.

Sec. 2. Delivered to County Assessors. The county recorder shall on or before the second Monday in February of each year, transmit to the county assessor, copies of the ownership plats and descriptions provided for in section 1 of this act, such copies to show owners at noon on the first Monday in February of such year.

Sec. 3. Returned to Recorder. The plat books and descriptions delivered to the county assessor by the recorder as provided in section 2 of this act shall be returned by the assessor to the recorder for extension, alterations and carrying to date for the ensuing year, not later than the first Monday in October of each year.

Sec. 4. Assessor to Deliver to Recorder Maps in His Possession October, 1899. The county assessor shall deliver to the county recorder on or before the first Monday in October, 1899, the assessment plats and descriptions then in his possession, for extension and carrying to date for the assessment for the year 1900.

Sec. 5. All acts and parts of acts in conflict herewith are here. by repealed.

Approved March 9, 1899.

CHAPTER 44.

TAX ON TRANSIENT STOCK.

AN ACT Prescribing the Method of Assessment, Collection and Division of Taxes Received From Any Live Stock Brought Into the State, or Moved From One County to Another For Grazing Purposes, and Fixing the Penalty and Forfeiture For Violation Thereunder.

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

SECTION 1. Live Stock Brought Into the State, to be Taxed. All live stock brought into the state by any person or persons, for the purpose of being grazed for any length of time exceeding ten days, shall be taxed for the year in which such live stock shall be brought into the state.

Sec. 2. Person Bringing Stock In to Certify to County Clerk. It shall be the duty of every person bringing live stock into any county of this state, for grazing purposes as herein before provided, to set out in a certificate under the hand of such person, or his agent, the number of live stock, with the brands and marks, if any, upon the same, and file said certificate with the county clerk in the county in which said live stock shall be first brought for the above purposes.

Sec. 3. Duty of County Clerk. Of County Assessor. It shall be the duty of the county clerk, upon such certificate being filed as aforesaid, to keep an index of the same in his office for the inspection of all persons, and within ten days after the filing of the same to certify a copy of said certificate under his hand to the assessor of the county. It shall be the duty of the county assessor to immediately enter an abstract of said certificate upon the tax list for the current year. If such certificate is filed with the assessor prior to the annual levy of taxes by the board of county commissioners such assessor shall enter said assessment upon his assessment rolls, unless such rolls have already been completed, in which event he shall make a supplemental report, including all assessments of this character. If such assessment is made after the annual levy has been made, the said assessor shall transmit said copy to the county treasurer of the county, who shall immediately enter an abstract upon the tax list for the said year, and shall proceed to collect the sum of money due and payable, from the persons so keeping and herding said live stock, or his agents, and in the event that it is necessary for the said treasurer to collect the taxes due upon such live stock by distress and sale of said live stock, and all necessary expenses and costs accruing from such sale shall be deducted in the same manner as is now provided by law for the collection of taxes assessed upon personal property, without any further warrant to him for that purpose.

Sec. 4. Assessor to Collect on Stock Brought In Before County Levy is Made. Any person named in section two of this act, or his agents, who shall bring live stockin to this state for grazing purposes,

prior to the levy of the regular tax by the board of county commissioners of the county into which the said live stock are brought, shall be required by the assessor of the county wherein the said live stock may be kept and herded to pay the sum of forty cents on each and every head of cattle, and ten cents on each and every head of sheep, or other live stock brought into such county for the purpose of grazing as aforesaid; provided, however, that the said payment of forty cents per head on cattle and ten cents per head upon sheep and other live stock, shall at the end of such year be returned to the said person paying the same, upon a showing that he has paid the regular annual tax in that county for that year, upon all of said property, the same as other persons have paid on like property permanently located in the state; or such portion of said payment shall be returned as may exceed the amount of regular annual taxes for the said year; provided, that such rebate shall be paid in a county warrant or certificate of indebtedness, issued by order of the board of county commissioners of said county; and provided further, that any person so bringing any live stock into any county of this state from any other state or territory, in the manner herein before provided, in lieu of the payment of the said forty cents on each and every head of cattle, and ten cents per head on each and every head of sheep or other live stock, may execute a bond to such county, with two or more sureties, to be approved by the county treasurer, conditional that such person will regularly list the said live stock for taxation in such county for that year, in the manner provided by law, and will punctually pay all taxes which may become due thereon during that year, and in such case the said charge of forty cents per head upon cattle and ten cents per head upon sheep and other live stock shall not be collected.

Sec. 5. Penalty. Any person named in section two of this act, or his agents, 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 four 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 fifty 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. 6. County Commissioners to Bring Suit. 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

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