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her and denomination of said bonds shall be determined by said board.

Sec. 8. No bonds issued under the provisions of this act shall be taxed for any purpose within this State.

Sec. 9. This act shall take effect upon approval.
Approved April 2, 1896.

CHAPTER LXXVIII.

APPOINTMENT OF ADMINISTRATORS.

AN ACT to amend Sec. 4035 s. 12, of the Compiled Laws of Utah, 1888, re

lating to the appointment of Administrators, and to repeal all acts and parts of acts in conflict herewith.

Order of persons entitled to administer.

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

SECTION 1. That sec. 4035 s. 12, of the Compiled Laws of Utah, 1888, be and the same is hereby amended to read as follows:

Sec. 1035 s 12. Administration of the estate of a to person dying intestate, must be granted to some one or more of the persons hereinafter mentioned, the relatives of the deceased being entitled to administer only when they are entitled to succeed to his personal estate, or some portion thereof; and they are, respectively, entitled thereto in the following order:

1. The surviving husband or wife, or some compe-
tent person whom he or she may request to have ap-
pointed.
2. The children.

The father or mother.
t. The brothers or sisters.
5. The grandchildren.

6. The next of kin entitled to share in the distribution of the estate.

7. The creditors.
8. Any person legally competent.

If the decedent was a member of a partnership at Partner not to the time of his decease, the surviving partner must in

no case be appointed administrator of his estate.

3.

administer

contest, court

discretion and

If a dispute or contest arises on the hearing of the In dispute or petition for letters of administration and appointment to exercise its of administrat: vr as to the relationship and consequent appoint: right of any persons mentioned in paragraphs 1 to 6 inclusive, aforesaid, to such letters and to administer upon such estate, or if any good and sufficient reason in the opinion of the court exists therefor, the court may, in its discretion appoint any competent and disinterested person as such administrator to represent and stand in the right of all disputants at such hearing: and such person so selected by the court, acting in its discretion, as aforesaid, shall not be a person named or designated by any such contending persons.

Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed.

Sec. 3. This act shall take effect upon approval.
Approved April 2, 1896.

CHAPTER LXXIX.

MAYOR'S PARTIAL VETO.

AN ACT providing that Mayors of Cities may disapprove Appropriation

items in Ordinances without disapproving the whole thereof.

object to one or more items in

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

SECTION 1. If any proposed city ordinance appro- Mayor may priating or involving the expenditure of money, pre- more itens inom sented to the mayor of any city of the first or second opinion class, after passage by the city council, contains several items of appropriations of money, he may object to one or more of such items, while approving other portions of the ordinance; in such case he shall append to the ordinance at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the mayor's objection, in the same manner as ordinances appropriating or involving the expenditure of money are passed over his veto.

Sec. 2. This act shall take effect upon its approval.
Approved April 2, 1896.

CHAPTER LXXX.

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, and for the sale and protection of the Timber on the lands of the State.

Land commissioners.

Terms.

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

SECTION 1. A State Board of Land Commissioners is hereby created, which shall consist of the Governor, 'the Secretary of State, the Attorney General, and two resident citizens of the State who shall be appointed by the Governor, by and with the consent of the Senate. Each appointed commissioner shall hold his office for four years, except those appointed at the present session of the Legislature, who shall hold their office until the second Monday in January, 1901, and until their successors are appointed and qualified.

Sec. 2. Each appointed commissioner shall, beOath and bond. fore entering upon his duties, take the path of office

prescribed by the State Constitution, and give a bond to the State, with sureties to be approved by the Goyernor, in the sum of twenty-five thousand dollars, for the faithful performance of his duties, which bond shall be deposited in the office of the Secretary of State.

Sec. 3. The said appointed commissioners shall Compensation receive for their services an annual salary, as here

after provided by law, payable monthly, and their neceessary expenses.

Sec. 4. The Governor shall be the president, and Organization. the board shall select one of its own members who shall

act as secretary thereof, but who shall receive no additional compensation for his services as such.

Sec. 5. The State Board of Land Commissioners To have control shall have the direction, management and control of

to all lands heretofore or which may hereafter be granted

to this State by the government, or otherwise, for any purpose whatever, excepting 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

of board.

of and power dispose of public lande.

Selection and sale of land.

lands.

the best interests of the State, and in accordance with the provisions of this act and the constitution of the State.

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

Sec. 7. The board shall cause all the public lands Selection and now owned by, or 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. The board shall designate what lands se- To designate lected 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 lands selected.

Sec. 9. The board may appoint one or more suit- Assistants. able assistants to select and locate such lands granted or to be granted to the State, also to select lands in lieu of all lands granted heretofore, or which may be granted, and which may have been disposed of by the general government or occupied by bona fide settlers; Provided, Such selection or location shall be subject to the approval of the board, who may change or alter the same as they may deem best. Said assistants shall be appointed so far as practicable from the resident householders of the county in which such selection is made.

Sec. 10. All selections of land shall be made in Selection in legal subdivisions according to the United States sur-subdivisions. veys, and when the selection has been made and approved by the board, said board 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 by said board.

The board is hereby empowered to cancel, relin- Relinquishquish or release the claims of the State and to re-convey to the United States any particular tract of land listed to the State, upon which tract, at time of selection, a bona fide claim has been initiated by an actual settler.

legal

ment.

actually

duties, board. nrovision of un

for th togetheveyed in a come provisie

Irrigable lands and sources of

landy.

Sec. 11. The person or persons appointed under • the provisions of section 9, shall each receive a com

pensation of not to exceed four dollars per day, for all the time actually and necessarily employed in the performance of their duties, and such traveling expenses as may be allowed by the board.

Sec. 12. To carry out the provisions of section 9 the board shall provide a complete set of uncertified plats of the surveyed lands of the State for field and office use, together with such blanks as may be necessary for the examination of said lands; shall ascertain, as far as practicable, what of the unappropriated goy

ernment lands in the State are capable of irrigation,

ola and the sources and reliability of the supply of water wter supply 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 maps and plats according to the following Classification of 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. The board shall cause suitable abstracts Abstracts. to be made of all the lands owned by the State, and

entered in suitable and well-bound books. Such abstracts shall show in proper columns and pages, the county in which each tract of land is situated; the section, part of section, township and range; whether timbered or not, mineral or non-mineral, in whole or in part; improved or unimproved, the kind and value of the improvements (if any); the character, whether agricultural or grazing, reservoir, arid, saline, coal or stone lands, occupied or unoccupied, and if occupied, by whom; the date of appraisement; the value per acre; the date of sale or lease; the price per acre, if sold; the name of the purchaser or lessee; the amount paid in cash; the amount unpaid; the amount of the annual interest or rental; the date of patent from the State, and such other information as may be necessary to show a complete and full abstract of the condition of each tract of land acquired by the State until final payment by the purchasers and the issue of a patent for the land by the State.

Sec. 14. The maps and plats prepared by the Maps and plats State board, as provided for in sections 12 and 13 classification. shall also contain a classification of the lands accord

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