be required; and where such affidavit is filed, the clerk of the court from which the appeal is taken, shall certify that the appellant has made and filed an affidavit as provided for in section 1017 of the Revised Statutes of Utah, 1898.

Sec. 2. Section 3316 of the Revised Statutes of Utah, 1898, is hereby amended to read as follows:

Sec. 3316. Clerk to Transmit Original Papers to Supreme Court. Copies Sent if Directed. Upon an appeal being perfected, the clerk of the court from which the appeal is taken, shall, at the expense of the appellant, forthwith transmit to the supreme court the papers constituting the record on appeal. The court may, however, for good cause shown, direct copies to be sent in lieu of the originals. The clerk shall also, in all cases, transmit to the supreme court the notice of appeal, together with a certificate of the clerk that an undertaking on appeal, in due form, or a stipulation of the parties waiving an undertaking, or an affidavit under section 1017 of the Revised Statutes of Utah, has been properly filed; and he shall annex to the papers so transmitted a certificate under his hand and the seal of the court from which the appeal is taken, certifying that they are the original papers, or copies, as the case may be, and that they are transmitted to the supreme court pursuant to such appeal. No further certificate or attestation shall be necessary; provided, that after said transcript has been duly certified by the clerk of the court from which the appeal is taken, the attorney of the appellant shall attach to said transcript on appeal a petition in error setting forth the errors relied upon by appellant for a reversal of said action, and such appeal shall be tried upon the errors assigned in said petition in error.

Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.

Approved March 9, 1899.

CHAPTER 63.

VINEGAR.

AN ACT to amend Sections 4284 and 4285 of the Revised Statutes of Utah and to Prevent the Adulteration of Vinegar and to Regulate the Manufacture and Sale Thereof.

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

SECTION 1. That sections 4284 and 4285 Revised Statutes of Utah be amended to read as follows:

Sec. 4284. Selling Adulterated Vinegar. No person, by himself, his servant, or agent, or as the servant or agent of any other person, shall sell, exchange, deliver or have in his custody or possession with intent to sell or exchange, or offer for sale or exchange, any adulterated vinegar or any vinegar not in compliance with the

provisions of this act. Nor shall he label, brand or sell as cider vinegar or as apple vinegar any vinegar not the legitimate product of pure apple juice or not made exclusively from apple cider.

Sec. 4285. Vinegar Barrels to be Labeled. All manufacturers of vinegar in the State of Utah, and all persons who reduce or rebarrel vinegar in this state, and all persons who handle vinegar in lots of one barrel or more, are hereby required to have stenciled or marked in black letters and figures at least one inch in length on the head of each barrel or package of vinegar bought or sold by them, the name of manufacturer and place where manufactured, the kind of vinegar, cider, malt, grain or wine, and standard strength of the vinegar contained in the package or barrel, which shall be denoted by the per cent of acetic acid. All vinegar, except cider, shall have an acidity equivalent to the presence of not less than four and onehalf per cent by weight of absolute acetic acid, and in case of cider vinegar shall contain not less than two per cent, by weight, of cider vinegar solids upon full evaporation over boiling water.

Sec. 2. The possession of vinegar in barrels or packages shall be prima facie evidence of having the same for sale. Approved March 9, 1899.

CHAPTER 64.

STATE BOARD OF LAND COMMISSIONERS.

AN ACT Creating and Defining the Powers and Duties of the State Board of Land Commissioners, Providing for the Selection, Location, Appraisement, Protection, Sale, Rental and General Management of the Public Lands of the State, and for the Investment of the Funds Arising From the Sale and Leasing of Such Lands, the Distribution of the Income Thereof, and for the Sale and Protection of the Timber on the Lands of the State.

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

SECTION 1. State Board of Land Commissioners. Appointment. Terms. A state board of land commissioners is hereby created which shall consist of the governor, the secretary of state, and five resident citizens of the state, who shall be appointed by the governor, by and with the consent of the senate. Not more than four members of the board shall belong to one political party. Each commissioner shall hold his office for two years and until his successor is appointed and qualified.

Sec. 2. Oath and Bond of Commissioners. Each commissioner shall, before entering upon his duties, take the oath of office and give a bond to the state, with sureties, to be approved by the governor, in the sum of ten thousand dollars, for the faithful performance of his duties, which bond shall be deposited in the office of the secretary of state.

Sec. 3. Salary and Expenses of Commissioners. Each of the appointed commissioners shall receive for his services an annual salary of twelve hundred dollars, except the secretary, who shall receive fifteen hundred dollars, payable quarterly; and the said commissioners actual and necessary traveling expenses, while in the performance of his duties.

Sec. 4. Organization of the Board. President. Secretary. The governor shall be the president of the board, and it shall elect one of its own members to be secretary thereof.

Sec. 5. Board to Control State Lands. The board of land commissioners shall have the direction, management, and control of all lands heretofore, or which may hereafter, be granted to this state by the United States government, or otherwise, for any purpose whatever, except lands used or set apart for public purposes or occupied by public buildings, and shall have the power to sell or lease the same for the best interests of the state and in accordance with the provisions of this act and the constitution of the state.

Sec. 6. Quorum. Records. A majority of the board shall constitute a quorum for the transaction of business. A full record of its proceedings shall be kept by the secretary, who shall preserve all papers and documents submitted to the board.

Sec. 7. Board to Select Land and Invest Proceeds. The board shall cause all the public lands now owned by the state, or lands the title to which may hereafter be vested in the state, to be selected and registered, and thereafter sold or leased; and the funds arising from the sale or leasing thereof shall be invested in the manner provided in this act.

Sec. 8. Apportionment of Land Among Funds. The board shall designate what lands selected by the state shall be assigned to each specific fund designated in said grants made by the United States. Such selections shall be so apportioned among the various grants, that each shall receive as nearly as possible its pro rata share of the different classes of land selected.

Sec. 9. Lands to be Selected and Appraised. Assistants to be Appointed. The board shall cause the state lands and the improvements thereon to be appraised or reappraised at such times as it may deem for the best interests of the state. The board may appoint one or more suitable assistants to select, locate or appraise all lands granted to the state; provided, that at least one member of the board shall assist in making such appraisement, and that such selection or location shall be subject to the approval of the board.

Sec. 10. Selections by Legal Subdivisions. Transfers to and from U. S. All selections of land shall be made in legal subdivisions according to the United States surveys, and when the selection has been made and approved by the board, it shall take such action as shall be necessary to secure the approval of the proper officers of the United States, and the final transfer to this state of the lands selected. The board is hereby empowered to cancel, relinquish, or release the claims of the state to and to reconvey to the United

States any particular tract of land listed to the state, upon which tract, at the time of selection, a bona fide claim has been initiated by an actual settler.

Sec. 11. Compensation of Assistants. The person or persons appointed under the provisions of section 9 shall each receive a compensation of not to exceed four dollars per day for all the time actually and necessarily employed, and his actual and necessary traveling expenses while in the performance of his duties.

Sec. 12. Plats. Irrigable Lands and Water Supply. Classification of Lands. The board shall provide for field and office use, uncertified plats of the surveyed lands of the state; shall ascertain, as far as practicable, what of the unappropriated government lands in the state are capable of irrigation, and the sources and reliability of the supply of water for the same; and shall select such lands as may be suitable under the various grants made by the general government to the state and shall classify said lands upon the office plats according to the following classification; Agricultural, grazing, timber, reservoir sites, natural gas producing, mineral, coal, stone, saline, or arid lands, and show whether the same are improved or occupied.

Sec. 13. Payment of Necessary Expenses. All necessary expenses attending the examination, survey, location, selection, appraisement, and sale of state lands, the purchase of blanks, books, and stationery, the compensation of officers, and all expenses necessarily incurred in carrying out the provisions of this act, shall be paid by the state treasurer from the fund appropriated for that purpose, on the warrants of the auditor issued on vouchers certified to by the board.

Sec. 14. Lands Sold at Auction. Price. Amount to be Sold. First Payment. In all counties where the public lands or any portion thereof, have been appraised, the board shall, when deemed conducive to the best interest of the state, attend in person or by agent, at such time as the board shall direct, and offer at public auction at the courthouse of the county, and sell to the highest bidder all or any of the appraised and unsold and unleased lands situated in the county where such public auction is held; provided, that no land shall be sold for less than the appraised value thereof and that not more than one hundred and sixty acres, nor less than a legal subdivision, except as hereinafter provided, shall be sold to any one individual, company, or corporation; and provided also, that sales of such lands shall be made only to citizens of the United States or to those who have declared their intention to become such. Arid lands may be sold as in this section provided, in amounts not to exceed three hundred and twenty acres, and grazing lands in amounts not to exceed four sections. Upon such sale the commissioner in attendance shall receive from the purchasers the first payment upon lands sold and shall issue a receipt therefor, and pay the same over to the secretary of the board with his report of such sales.

Actual

Sec. 15. Preference Rights to Settlers. Application. and bona fide settlers or occupants who have improved unsurveyed

state school lands, and were for two years prior to the extension of the United States survey over said lands actual settlers or occupants thereof, or who hold the same, or the possession thereof, by purchase from the original settlers or their assigns, said original settlers having resided upon, occupied or cultivated said lands for two years prior to the extension of the surveys of the United States over the same, may be permitted to purchase such lands at private sale at the appraised valuation thereof. Applications to make such purchase by said preferred claimants must be made within ninety days after the plats of said surveys have been filed in the United States land office.

Sec. 16. Private Sale. Price. Whenever any citizen of the United States or person who has declared his intention to become such, shall make application in writing for the selection by the state of any tract of land in satisfaction of any grant to the state, the board may select and contract to sell the same at private sale to the person requesting the selection thereof at a price to be fixed by the board, not less than one dollar per acre, provided that at the time of making such contract twenty-five cents per acre shall be deposited with the board to be applied as the first payment on such land after the same is patented to the State, and the remainder of the purchase price shall be paid in not to exceed ten equal yearly payments. All lands heretofore selected by the board upon the application of citizens may be sold to the applicants under the provisions of this section.

Sec. 17. Relinquishment of Filing Under U. S. Laws and Purchase from State. The state board of land commissioners is hereby authorized to contract with occupants who have filed upon lands in this state under the laws of the United States whereby said occupants can relinquish their said entry to said land and be permitted to purchase the said tract of land from this state after its selection by the state board, at private sale at a price to be fixed by the board, which price shall not be less than one dollar twenty-five cents per

acre.

Sec. 18. Sale of Timber Includes Lease of Land. Forfeiture. Ownership for Ten Years. The board may sell the timber on the unsold and unleased lands of the state, except as provided in section 38 of this act, in the same way as it may sell state lands, but payment for such timber must be made as provided in section 21 of this act. A failure to make such payment shall work a forfeiture of the contract of such sale; provided, that all right of ownership in any timber on lands of the state by right or virtue of purchase from the state shall cease ten years from and after such purchase.

Sec. 19. Protection of Growing Timber. No contract, by the board, for the sale of timber on any lands of the state, shall permit or entitle the purchaser to cut, use, injure, or destroy any growing timber or trees less than eight inches in diameter at the butt. The board shall make such rules and regulations for the disposal of the tops and limbs of trees cut for logging and other purposes as shall secure the young growing timber on the state lands from injury and destruction by fire. Nothing in this act shall be construed to pre