Printing notices, etc. Certificate to sprayer. Penalty for interference or failure. gust inspect every orchard, vineyard or nursery in his county if the board of county commissioners deem necessary, and shall annually report to the president of the board of horticulture and to the board of county commissioners on or before the first day of January of each year every item of interest pertaining to his office. Sec. 6. The board of county commissioners are hereby authorized to provide for, and pay, for the printing of notices and all matters pertaining to the departments in their respective counties. Sec. 7. Any person or persons spraying trees, bushes or vines for hire shall obtain a certificate from the board of county commissioners and be under the control of the county inspector who may cancel his certificate for violation of this law and he shall be subject to section eight of this act. Sec. 8. Any person who shall in any manner hinder or interfere with a duly appointed inspector in the performance of his duties or any inspector or person who shall neglect or fail to comply with any of the provisions of this act, shall, be deemed guilty of a misdemeanor. Sec. 9. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 10. This act shall take effect upon approval. Dower of widow. Widow of alien. CHAPTER CXVIII. RIGHT OF DOWER. AN ACT defining and providing for the right of Dower. Be it enacted by the Legislature of the State of Utah: SECTION 1. A widow shall be endowed of a third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto. Sec. 2. The widow of any alien who, at the time of his death, shall be entitled by law to hold any real estate, if she be an inhabitant of the State at the time of such death, shall be entitled to dower of such estate in the same manner as if such alien had been a native citizen. Sec. 3. If a husband seized of an estate of an in- Dower in exheritance in lands exchanges them for other lands, his changed lands. widow shall not have dower of both, but shall make her election to be endowed of the lands given or of ⚫ those taken in exchange; and if such election be not evinced by the commencement of proceedings to recover her dower of the lands given in exchange within one year after the death of her husband, she shall be deemed to have elected to take her dower of the lands received in exchange. mortgaged Sec. 4. When a person seized of an estate of in- Dower of heritance in lands shall have executed a mortgage or lands. other conveyance in the nature of mortgage of such estate, before marriage, his widow shall, nevertheless, be entitled to dower of the lands mortgaged or so conveyed, as against every person except the mortgagee or grantee in such conveyance and those claiming under him. as against Sec. 5. Where a husband shall purchase lands Dower except during coverture, and shall at the same time execute a mortgagee. mortgage, or other conveyance in the nature of a mortgage, of his estate in such lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of such lands, as against the mortgagee or grantee in such conveyance or those claiming under him, although she shall not have united in such mortgage; but she shall be entitled to her dower in such lands as against all other persons. Sec. 6. Where, in such case, the mortgagee, or sale does not such grantee, as those claiming under him shall, after vitiate dower, the death of the husband of such widow, cause the land mortgaged or so conveyed to be sold, either under a power of sale contained in the mortgage, or such conveyance or by virtue of the decree of the court if any surplus shall remain after payment of the moneys due on such mortgage or such conveyance, and the costs and charges of the sale, such widow shall nevertheless be entitled to the interest or income of the one-third part of such surplus for her life, as dower. No dower ex Sec. 7. A widow shall not be endowed of lands cept where conveyed to her husband by way of mortgage unless is acquired. absolute estate Divorce vitiates dower. he acquire an absolute estate therein during the marriage period. Sec. 8. In case of divorce, dissolving the marriage contract, for the misconduct of the wife, she shall not be endowed. Sec. 9. This act shall take effect upon its approval. Approved April 5, 1896. University funds trans land commis sion. ments to be treasurers. CHAPTER CXIX. TRANSFER OF UNIVERSITY LAND FUNDS. HOUSE JOINT RESOLUTION. Resolution authorizing and directing the transfer of Moneys and evidence of Indebtedness by the Board of Regents of the University of Utah, and providing the manner of making future payments on Contracts of sale of University Lands. Be it Resolved and enacted by the Legislature of the State of Utah: SECTION 1. That the board of regents of the University of Utah, and the treasurer thereof are hereby ferred to State authorized and required to turn over to the State Board of Land Commissioners all moneys and evidences of indebtedness in their possession or under their control, arising out of the sale of University lands within Deferred pay- this State. All deferred payments for the sale of Unimade to county versity lands shall be made in accordance with the contracts of sale, to the county treasurers of the respective counties wherein such lands are located, in the same manner as provided in an act of the Legislature of Utah entitled: "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," approved April 2, 1896. Approved April 5, 1896. CHAPTER CXX. TAX LEVY FOR 1896. AN ACT to provide Revenue for the support of the Government of the State and the several Counties of the State, for the fiscal year, 1896. Be it enacted by the Legislature of the State of Utah: State revenue. SECTION 1. There is hereby directed to be raised Amount of for State and school purposes for the fiscal year of 1896, upon all the taxable property in this State, the sum of five hundred and fifteen thousand dollars, for general State purposes, and the sum of three hundred thousand dollars for district school purposes and for the purpose of raising said sums, there is hereby levied an ad va- Levy of tax. lorem tax of eight mills on each dollar in value of the taxable property of the State, or such portion of said tax as the State board of equalization may find is necessary to raise the sums above set forth. Sec. 2. The board of county commissioners of the county tax levy. several counties of this State are hereby authorized to levy upon all the taxable property in their respective counties, for the fiscal year of 1896, an ad valorem tax of not to exceed five mills on the dollar of valuation for general county purposes and of not to exceed three mills on the dollar of valuation for county school pur poses. Approved April 5, 1896. CHAPTER CXXI. STATE OFFICERS SERVING WITHOUT COMPENSATION EX- AN ACT to exempt certain State Officers from paying the Fee prescribed by law for Commissions. Be it enacted by the Legislature of the State of Utah: commission to SECTION 1. That whenever any State officer or No fee for member of any State board is required to serve with- State officer out compensation, the Secretary of State shall not be compensation. serving without entitled to and shall not charge a fee for issuing a com- Sec. 2. This act shall take effect upon approval. Credit on over lard county. CHAPTER CXXII. CREDIT TO MILLARD COUNTY. RESOLUTION authorizing the State Auditor to credit Millard County for amount of Uncollectible Taxes in the Years 1893 and 1894. Be it resolved and enacted by the Legislature of the State of Utah: That the State Auditor, be and is hereby empowered and directed to credit to Millard County upon his charge to Mil- books the sum of $617.75, being the amount heretofore overcharged by the Territory of Utah, to Alma Greenwood, collector of Millard County for Territorial taxes in the years 1893 and 1894. Approved April 5, 1896. CHAPTER CXXIII. Removal of, and changing STATE INDUSTRIAL SCHOOL. AN ACT to provide for the removal of the Reform School, the conducting of the same under the name of "State Industrial School," and for the appointment of a Board of Trustees therefor, and to repeal all acts in conflict therewith. Be it enacted by the Legislature of the State of Utah: SECTION 1. That the institution now known as the State Reform School shall be removed as hereinafter name of reform provided and thereafter shall be conducted and known industrial under the name of the "State Industrial School," and shall be divided into two departments, one of which school to State school. |