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whenever justice shall require it to be done, and shall direct the manner of the service of all orders and notices not herein specially provided for. Costs in such Taxing costs. special proceedings shall be taxed by the clerk at the rates prescribed in the fee bill in civil actions, and also the compensation of the commissioners which shall be fixed by the court or judge, and shall be paid by said petitioner, except in case where a defendant shall move for a new trial and the compensation assessed by the commissioners shall not be increased more than ten per cent., upon the previous assessments, in which case such defendant shall pay the costs of the new trial.

Defective title,

Sec. 12. If the title attempted to be acquired by virtue of the provisions of this act shall be found to be procedure defective from any cause, such petitioner may again relating o. institute proceedings to acquire the same, as in this act prescribed, and at any stage of such new proceedings or of any proceedings under this act, the court or judge in chambers may by rule or order in their behalf made, authorize such petitioner if already in possession, to continue in the use and possession, and if not in possession, to take possession of and use such premises during the pendency of, and until the final conclusion of such proceedings and may stay all actions and proceedings against said petitioner on account thereof, provided such petitioner shall pay a sufficient sum into court, to be fixed by such court or judge, to pay the compensation in that behalf when ascertained.

report and

compensation

of way

Sec. 13. Upon filing of the report of the commis- On filing of sioners for record as above provided for, and upon the payment of payment or tender of the compensation and costs as and costs, right prescribed in this act, the real estate, or the right, acquired. title or interest therein described in such report shall become the property of said petitioner for the purpose of the business of irrigation of lands, of mining, milling, smelting or other reduction of ores, or the generation or transmission of electrical force or energy as aforesaid, so long as the same shall be continued, and shall be deemed to be acquired for and appropriated to public use.

payment of

for land.

Sec. 14. Such petitioner shall within thirty days Time of after the final confirmation of the report aforesaid, pay compensation or tender the sum of money ascertained and assessed by said commissioners as and for the compensation of each tract of land described in said report for which the

Property of minor or insane person,

guardian, etc., subject to process.

payment of money.

compensation was ordered by said court or judge to be ascertained and assessed as aforesaid; and said payment or tender may be made to the person or persons owning said tract of land; or having or holding any right, title, or interest therein, according to the amount or extent of the right, title, or interest owned or held therein by such person or persons; or said payment may be made to the said clerk for said persons, and the same shall be deemed and taken as a payment to such person or persons, and shall be as effectual for all purposes as if the said sum of money had been personally paid to each and all of the persons entitled thereto.

Sec. 15. If it shall become necessary for any of the purposes aforesaid for such petitioner to acquire any real estate, or any right, title or interest therein, which is the property of any infant, idiot, or insane person, the guardian, executor, or administrator, as the case may be, shall be subject to process, judgment and decree as herein provided for persons of full age or capable of contracting, or without such process, judgment or decree they may sell and convey the property desired to said petitioner; but neither such sale or conveyance shall be valid for any purpose until the same shall have been approved by the judge of the proper court, and said judge is hereby authorized to examine such deeds and conveyances, and if he shall deem the same just and proper, he shall approve the same, and thereupon such conveyances shall have the same force and effect for the purposes in this section mentioned, as if the same had been executed by persons competent to convey lands in their names.

Sec. 16. The said court or judge shall at the time Court to direct of the payment of any sum of money to the said clerk under the provisions of this act, or at such other time or times as may be ordered, direct and order the same to be paid over to the person or persons who shall upon satisfactory proof appear to be entitled thereto.

Person and petitioner defined.

Sec. 17. In all the proceedings in relation to the sale or appropriation of real estate, and ascertaining and receiving the compensation therefor, for the purpose as prescribed in this act, the term "person" shall be deemed to include municipal or other corporations, and the word "petitioner" to designate any person or number of persons, company or corporation who may in any case petition as provided in this act.

Sec. 18. The minutes of the proceedings had be

kept.

fore such judge shall be entered by said clerk, in the Records to be same manner and with the same force and effect, as if the proceedings were had before said court in term time.

Sec. 19. All acts and parts of acts in conflict with this act are hereby repealed.

Sec. 20. This act shall take effect upon approval.
Approved April 5, 1896.

CHAPTER XCVI.

FISH AND GAME.

AN ACT for the protection of Fish, Game and Birds; for the appointment of State and County Wardens and prescribing their duties; to provide penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent herewith.

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

game warden.

SECTION 1. That the Governor of the State, by State fish and and with the consent of the Senate, shall appoint a State Fish and Game Warden, who shall be a resident citizen of the State, whose term of office shall be two years and until his successor is appointed and qualified, except as to the first term which shall be for three years; Provided, That when a vacancy occurs in the office of said warden and the Legislature is not in session, the Governor shall have power to fill such vacancy until the next regular session of the Legislature, and he shall have power to remove the State warden at pleasure.

and bond.

Sec. 2. The State warden shall receive an annual Compensation salary of $500. He shall, before entering upon the duties of his office, take and subscribe to an oath of office and give a bond in the penal sum of three thousand ($3,000) dollars for the faithful performance of his duty. Such bond shall be approved by and filed with the Secretary of State.

duties.

Sec. 3. The State warden shall have control and Powers and supervision of the waters of the State for the collection, propagation, culture and distribution of fish in the State, and shall receive and distribute all fish, fish fry

Same.

Report.

County fish and game warden.

Bond and compensation.

Duties and powers.

Same.

and spawn coming into his hands fairly and equitably among the several counties. He shall have full control of all the property of the State, obtained or held for the purposes contemplated by this act.

Sec. 4. It shall be lawful for the State fish and game warden or any person appointed in writing so to do, to take fish and game of any kind, dead or alive, and in any manner, under the direction of the county fish and game warden, for the purpose of inspection, cultivation, propagation, distribution, scientific or other purposes, deemed by him to be in the interests of the fish and game industry of the State. He shall make a detailed report of his official transactions, including the number and kinds of fish distributed and the locality and name of streams, ponds or lakes where the same have been placed, and submit such report to the Legislature during the first week of its ensuing regular session.

Sec. 5. At their first session after the passage of this act the county commissioners of each county of the State shall appoint a county fish and game warden whose term of office shall be two years and until his successor shall be appointed and qualified. Said county warden shall, before entering upon the duties of his office, take and subscribe to an oath of office and give a bond in the penal sum of one thousand ($1000) dollars for the faithful performance of his duty; said bond shall be approved by the county commissioners and filed in the office of the county clerk. The county warden shall receive adequate compensation for his services to be paid by the county commissioners out of the county treasury and shall perform his duties under the direction of the State Fish and Game Warden.

Sec. 6. It shall be the duty of the county warden to see that all laws of the State for the protection of fish and game are faithfully enforced in their respective counties, and for this purpose they are hereby given the same authority exercised by sheriffs and constables. It shall be the duty of the county warden to report his official acts to the county commissioners of his county annually.

Sec. 7. The said county wardens, by authority of the State warden, may take or cause to be taken from the public waters within their respective counties, at any time or in any manner, any kind of fish for the purpose of inspection or propagation. The county wardens shall

make detailed reports of their official doings to the State warden during the first week in December of each year.

Sec. 8. It shall be the duty of the county warden same. to take or cause to be taken in the best practical manner any imported fish, mountain trout, bass or herring found in pools or other places in which the receding waters of the rivers, streams, lakes, canals or other water-ways have left them, and which are likely to become dry, and to carefully put the live fish thus taken into main bodies of water, and to make the best disposition of the dead fish in the interest of the county treasury.

Sec. 9. The owner or owners of any dam erected Fishways. across any of the streams of this State shall, if required by the county fish and game warden, and under his direction, erect and maintain at all times at the expense of said owner or owners, suitable fishways to allow the free and uninterrupted passage of fish up and down the stream.

prevent fish

races.

Sec. 10. It shall be unlawful for any person or Screens to persons operating any mill, factory, power plant or from entering other manufacturing concern run by water power and head or tail having either head or tail races, without first furnishing and maintaining suitable screens or other device to prevent the fish from entering therein; said screens to be built and maintained under the direction of the county warden and at the expense of said owner or owners, or operators of said mill, factory, power plant or other manufacturing concern; Provided, That the Provo mills' woolen factory race at Provo, Utah county, this State, through which fish reach Spring lake, be made an exception to these obligations; and, Provided, further, That the owner or owners or operators of said woolen factory or other factories or mill situated upon said race, furnish and maintain at all times and at their own expense, suitable screens to prevent fish from entering the water wheels and water pipes of said factories or mills; said screens to be built and maintained under the direction of the county warden.

race.

Sec. 11. It shall be unlawful for any person to Taking fish. take any fish, except carp, chubs, suckers and mullet from any of the waters of this State, by any means or device whatsoever, except by means of hook and line, commonly known as angling, and that only between the first day of July of each year and the fifteenth day of January following.

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