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CHAPTER LIII.

THE STATE TREASURER.

AN ACT defining the duties and powers of the State Treasurer and fixing

his bond.

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

Treasurer.

SECTION 1. It is the duty of the State Treasurer: Duties of State 1. To receive and keep all moneys belonging to the State, and not required to be received and kept by some other person.

2. To file and keep the certificates of the State Auditor, delivered to him when moneys are paid into the treasury.

3. To deliver to each person paying money into the treasury and to the State Auditor a duplicate receipt showing the amount, the sources from which the money accrued, the fund into which it is paid, which receipts must be numbered in order, beginning with number one at the commencement of each fiscal year.

4. To pay warrants drawn by the State Auditor out of the funds upon and in the order in which they are presented.

5. Upon payment of any warrant, to take upon the back thereof the receipt of the person to whom it is paid, to cancel it with a proper stamp, and file and preserve the same.

6. To keep an account of all moneys received and disbursed.

7. To keep separate accounts of the different funds.

8. To report to the State Auditor on the last day of each month the amount disbursed for the redemption of bonds and in payment of warrants during the month; which report must show the date and number of such bonds and warrants, the funds out of which they were paid, and the balance of cash on hand in the treasury to the credit of each fund.

9. On the first day of January preceding the biennial session of the Legislature, to report to the Governor the exact balance in the treasury to the credit of the State, with a summary of the receipts and payments of the treasury during the two preceding fiscal years;

General fund defined.

Treasurer to record and

and to make a semi-annual report to the Governor of all moneys received severally from all sources, and of all moneys disbursed.

10. At the request of either house of the Legislature, or of any committee thereof, to give information in writing as to the condition of the treasury, or upon any subject relating to the duties of his office.

11. To authenticate with his official seal all writings and papers issued from his office.

12. To discharge the duties of a member of all official boards of which he is or may be made a member by the Constitution or laws of the State.

Sec. 2. The general fund consists of moneys received into the treasury and not specially appropriated to any other fund.

Sec. 3. It is the duty of the State Treasurer to keep a book in which he must enter all warrants presented for payment, giving the names of the owners, rants presented. and the number and amounts of the warrants, and they

endorse war

to be posted

must be paid in the order in which they are presented, and thereafter all such warrants so presented shall be paid, or the money held in reserve therefor, by the said treasurer, in the order of their presentation and registry, and not otherwise. Whenever any such warrant is presented and there is no money in the treasury applicable thereto, the treasurer shall endorse on the warrant, "Not paid for want of funds," with the date, noting the time of such presentation for payment in the book kept for that purpose.

Sec. 4. The State Treasurer must, quarterly, post List of warrants upon the door of his office a list of all warrants that he may have funds in the treasury to redeem or pay, the payment of which has not been demanded during the last quarter.

quarterly.

Examination of books.

access to books.

Sec. 5. The Treasurer must keep his books open at all times for the inspection of the Governor, State Examiner, Board of Examiners, members of the Legislature, and any committee appointed to examine them by either house thereof.

Sec. 6. The State Treasurer shall have full access Treasurer has to all offices of the State for inspection of such books, papers, and accounts thereof, as concern his duties. Sec. 7. The State Treasurer must keep a separate To keep separ- account of each fund in his hands and must at the end of each fiscal year report to the Governor in writing, under oath, the amount of all moneys in his hands to

ate accounts.

the credit of every such fund, and the number and amount of every warrant paid or redeemed by him during the year. The Governor must verify said report and cause the same to be immediately published in at least one newspaper printed at the seat of government.

Sec. 8. The State Treasurer must execute an offi- Bond. cial bond in the sum of three hundred and fifty thousand dollars.

Treasurer.

Sec. 9. The State Board of Examiners, if, upon suspension of examination, they find that the books of the State Treasurer do not correspond with the amount of funds on hand, or do not show the actual condition of the funds, or if it appear to said board that any moneys belonging to the State have been embezzled, diverted, or in any manner taken from the treasury, without authority of law, or that the State Treasurer has been guilty of negligence in keeping his books, or of taking care of the public moneys, must certify the fact to the Governor, who, upon receipt of such certificate, must forthwith take possession of all books, moneys, papers and other property belonging to the State, which have come into the possession of such State Treasurer, by virtue of his office or otherwise, and must temporarily suspend him from his office as State Treasurer.

Sec. 10. The State Board of Examiners must Expert exam!thereupon procure the services of an expert to examine nation of books. the books, papers, and all matters connected with the office of the State Treasurer so suspended, and if it appears to said board on such examination that such State Treasurer has embezzled or converted to his own use the public moneys, or has been negligent in keeping his books, or in taking care of the public moneys, the Governor, on the certificate of said board of that fact, must appoint another person to fill the place of such suspended State Treasurer, and such person so Appointment of appointed must execute an official bond, and enter upon the office of State Treasurer, as provided by law. The Governor must report all his acts done under this and the next preceding section, to the next succeeding Legislature, and the State Treasurer so appointed, holds his office until the suspended State Treasurer is restored, or his successor is elected and qualified.

Sec. 11. This act shall take effect upon approval.
Approved March 16, 1896.

successor.

City council

CHAPTER LIV.

FREE PUBLIC LIBRARIES.

AN ACT to authorize Cities and Towns to establish and maintain Free Public
Libraries and Reading Rooms.

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

SECTION 1. That the city council of each city of the first and second class shall have power to establish and maintain a public library and reading room for the use brary, when. and benefit of the inhabitants of such city, and may

may levy tax for public

library directors.

levy a tax of not to exceed one-third of one mill on the dollar, annually, on all the taxable property in the city, such tax to be levied and collected in like manner with other general taxes of said city, and to be known as the library fund; Provided, That no such tax shall be levied in the first instance in any city of the first class until a petition, signed by at least one thousand qualified voters and property tax payers, shall have been filed with the city council of such city, nor in any city of the second class, until such a petition, signed by at least two hundred and fifty qualified voters and property tax payers residents of such city, shall have been so filed.

Sec. 2. When any city council in cities of the first Appointment of and second class, shall have decided to establish and maintain a public library and reading room, under this act, the mayor of such city shall, with the approval of the city council, proceed to appoint a board of nine directors for same, chosen from the citizens at large with reference to their fitness for such office; and not more than one member of the city council shall be at any one time a member of said board.

of directors.

Sec. 3. Said directors shall hold office: One-third Term of office for one year, one-third for two years, and one third for three years, from the first day of July following their appointment, and at their first regular meeting shall cast lots for the respective terms; and annually thereafter the mayor shall, before the first of July of each year, appoint, as before, three directors to take the place of the retiring directors, who shall hold office for three years, and until their successors are appointed. The mayor may, by and with the consent of

Removal from office.

the city council, remove any director for misconduct or neglect of duty.

Sec. 4. Vacancies in the board of directors, occa- Vacancies. sioned by removals, resignation or otherwise, shall be reported to the city council, and be filled in like manner as original appointments, and no director shall receive any compensation.

directors;

Sec. 5. Said directors shall, immediately after ap- Organization of pointment, meet and organize by the election of one of powers. their number as president, and by the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance, and for the government of the library and reading room as may be expedient, not inconsistent with this act. They shall have the exclusive control of the expenditure of all moneys collected to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms and building constructed, leased or set apart for that purpose; Provided, That all moneys received for such library shall be deposited in the treasury of said city to the credit of the library fund, and shall be kept separate and apart from other moneys of such city, and drawn upon by the proper officers of such city upon the properly authenticated vouchers of the library board. Said board shall have power to purchase or lease grounds, to lease or erect an appropriate building or buildings for the use of said library, to appoint a suitable librarian and necessary assistants, to fix their compensation, to remove such appointees at will, and in general, to carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room.

free.

Sec. 6. Every library and reading room, estab- Library to be lished under this act, shall be forever free to the use of the inhabitants of the city where located, subject however, to such reasonable rules and regulations as the library board may adopt, in order to render the use of said library and reading room of the greatest benefit to the greatest number; and said board may exclude from the use of said library and reading room any and all persons who shall wilfully violate such rules. Said board may extend the privileges and use of such library and reading room to persons residing outside of such city, but in the State, upon such terms and condi

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