body, under thirty years of age, capable of receiving beneficial instruction, and incapacitated on account of deafness or inability to speak, for instruction in the common schools, and to instruct them in agriculture and such mechanical trades and arts as will tend to enable them to become self-supporting and useful citizens. Residents of the State shall be entitled to the bereits of the school free of expense. Pupils from other states may also be received and instructed on such terms as the governing board may prescribe.

vested in board

Sec. 3. The government and control of the school Government and the management of its property and affairs, is of five trustees vested in a board of five trustees who shall be appointed by the Governor by and with the advice and consent of the Senate. The first board shall be appointed on or before the first day of March, 1896, and hold office from the time of appointment and qualifica- Appointment. tion as follows: Two until the first day of February, 1897, two until the first day of February, 1899, and one until the first day of February, 1901. Each shall hold until his successor is appointed and qualified. After 1897, the vacancies occurring shall be filled by appointment bi-ennially, and the term of office shall be six years from the first day of February next, ensuing, and until successors are appointed and qualified. The board shall meet at the school in March, June, September and December of each year on such a day as the board may select, and at other times as often as may be necessary for the proper performance of their duties. A vacancy in the office of a member of the board occurs Vacancy. by his permanent removal from the State, by his incapacity to act, or the acceptance of his resignation by the Governor, and the Governor may fill the vacancy by appointment for the remainder of the term and until a successor is appointed and qualified. Each member of the board, before entering upon the duties of his office, shall take an official oath and execute a bond to the State, with sureties to be approved by the Secretary of State, in the sum of three thousand dollars, conditioned for the faithful discharge of his duties, and the oath and bond shall be filed in the office of said Secretary. No member of the board shall be directly or indirectly interested in any contract, business or transaction involving any pecuniary compensation or benefit, made by or in behalf of the school, or receive any No compensacompensation for his services as a member, but may be

tion.

of trustees.

paid actual expenses incurred in attending meetings of the board or its committees, or in attending to business of the school under the authority of the board or its committees.

Sec. 4. The board shall appoint one of its memDuties of board bers president thereof, and between meetings of the board he may exercise the powers of the board in the ordinary business of the school, and shall be the executive officer of the board and shall hold the office of president for two years, except in case of a vacancy, which may be filled by the board for the remainder of the term.

Same.

Superinten

dent, qualifications and duties of.

laws.

Sec. 5. As soon as the board is organized, the members shall assume the government of the school and the management of its property and affairs. They shall appoint a superintendent who shall be the principal of the school. They shall appoint a secretary who may be a member of the board, whose compensation shall not exceed $100.00 per annum, and a treasurer who shall not be a member of the board, who shall serve without compensation, and who shall give a good and sufficient bond, which shall run to the school in its corporate name and be approved by the board.

Sec. 6. The superintendent of the school shall be a competent expert educator of the deaf and dumb, acquainted with the school management and class instruction of deaf mute children. He shall be responsible for the care of the premises and the property of the school, selection and dismissal subject to the approval of the board, of instructors and employes and for their control, the regulation of the household, discipline of the school, arrangement and execution of a proper course of study and manual training, the training of pupils in morals and manners, and general oversight of all internal affairs of the school. The superintendent may be removed at any time by a majority vote of the full board of trustees.

Sec. 7. The board may adopt bylaws and from Rules and by time to time repeal or amend them, and they may therein provide for the special meetings of the board, and for the distribution of its business to committees. They may make such rules or bylaws, as are proper and in accordance with law, regarding the admission, expulsion and terms of instruction of pupils, and the internal management of the school. All contracts made with instructors and employes, shall be subject

ship or

to termination at any time at the will of the board, when in its judgment the interests of the school shall require it. No partisan, political or sectarian religious No partisandoctrine shall be taught in the school, and no political sectarianism. or religious belief shall be required as a qualification of any pupil, instructor, officer or employe of the school.

Sec. 8. The fiscal year of the school shall com- Fiscal year. mence on the first day of July and end on the thirtieth day of June in each year, and appropriations made for its maintenance, unless otherwise specified, shall be deemed to be for the two years commencing on the first day of July next after the appropriation is made, and the proper pro rata of biennial appropriations may be drawn quarterly in advance from the State Treasurer on warrants drawn by the State Auditor.

trustees and

Sec. 9. The board and superintendent shall make Report of a report to the Governor and Legislature during the superintendent. first ten days of each regular session, showing the condition of the school and its income and expenditures, to the end of the preceding fiscal year, and a separate general statement of its income and expenditures from the end of the fiscal year to the first day of January ensuing, with an estimate of the income required and expenditures necessary for the remainder of the fiscal year, and with such estimates and recommendations for the two ensuing fiscal years as the board may deem useful.

Sec. 10. The school for the deaf and dumb shall Location. occupy its present building for the remainder of the fiscal year and until a suitable location shall be secured in Ogden City, when all its effects shall be moved to said location.

repairing build

Sec. 11. Whenever any building is to be repaired Erecting or or erected, or any work done, amounting to more ings, bids for. than two hundred and fifty dollars, the board shall advertise for at least ten days, in some newspaper published in the city of Ogden, for sealed proposals for repairing or erecting such building or performing such work, in accordance with plans and specifications, which shall be furnished by the board at its office; stating in such advertisement or notice the place where, the day and hour when all proposals will be opened, and reserving the right to reject any and all proposals and shall require a certified check for not less than five per cent. of the amount of the bid ac

May accept donations.

mutes.

companying the same. At the time and place specified in said notice the board shall publicly open and read all the proposals which have been received, shall award the contract to the lowest responsible bidder and shall require of such bidder or contractor, a bond in one-half the amount of the contract, conditional that he will properly perform the conditions of the contract in a faithful manner and in accordance with its provisions. In case none of the proposals are satisfactory, all shall be rejected and said board shall advertise anew in the same manner as before, and until a satisfactory proposal shall be submitted.

Sec. 12. The board may accept in behalf of the school, donations of real and personal property, moneys, credits and effects, and apply the same and the proceeds thereof to the purposes for which the same are donated.

Sec. 13. It shall be the duty of the clerk of each Census of deaf school board in this State to include in the annual school census, the name, age, post office address, and name of parent or guardian of each deaf and dumb person between the ages of five (5) and thirty (30) years, residing in each respective school district, including all too deaf or dumb to obtain an education in the public schools.

ing for appli

cant for

admission.

Sec. 14. In all cases where an applicant for adPaying expense mission to or an inmate of the State School for the of transportation and cloth- Deaf and Dumb is unable to pay for the necessary clothing or transportation, application shall be made to the proper county officials of the county wherein the parent or guardian of said applicant resides, and if they find the facts as represented, they shall certify to that effect to the superintendent of the school, who shall then provide the necessary clothing and transportation, and render the bills for the same quarterly to the county court of said county. If said bill shall be found to be correct, the county court shall pay the same out of the county treasury.

Sec. 15. To carry out the provisions of this act, Appropriation. the sum of six thousand dollars, or so much thereof, as may be necessary, is hereby appropriated out of any moneys in the State treasury not otherwise appropriated, for the support and maintenance of the Utah State School for the Deaf and Dumb, until the 30th, day of June, 1896; the said amount to be drawn quarterly

in advance from the State Treasurer on warrants drawn by the State Auditor.

Sec. 16. Sections 1847 to 1851, inclusive, of the Compiled Laws of Utah of 1888, are hereby repealed. Sec. 17. This act shall take effect upon approval. Approved February 21, 1896.

AN ACT saving the right to Appeal in cases in which Judgment was rendered by United States and Supreme Court Commissioners prior to the Admis sion of Utah and in which the time to Appeal had not expired on the second day of January, 1896.

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

for appeal from commissioners'

SECTION 1. That in all cases in the United States Extending time and supreme court commissioners' courts, in which judgment was rendered and in which, the time within courts. which to appeal had not expired on the 2nd day of January, 1896, the right to appeal is hereby continued and extended for a period of thirty (30) days from and after the passage of this act.

Sec. 2. This act shall take effect upon its approval.

Approved February 24, 1896.

CHAPTER XXVII.

PROBATE JURISDICTION CONFERRED ON DISTRICT COURTS.

AN ACT conferring on Judges of District Courts, in the State of Utah, the Duties, Powers and Jurisdiction heretofore exercised by Probate Judges in the Territory of Utah, except such Duties and Powers as were possessed and exercised by said Probate Judges as ex-officio members of the County Court of their respective counties.

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

SECTION 1. That all the duties, powers and juris- District judges diction heretofore performed, possessed or exercised jurisdiction.

given probate