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cures, advises or assists any person or persons to do any of the acts aforesaid, shall be guilty of a crime, and shall be punished as hereinafter provided.

Sec. 8. A person offending against any provision Witness comof sections 1, 2 and 7 of this act, is a competent wit-pelled to testify. ness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding or investigation in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony. A person so testi- Exemption of fying, shall not thereafter be liable to indictment, pros- prosecution. ecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.

witness from

Sec. 9. Any person convicted of any of the crimes Penalty. or offenses mentioned in sections 1, 2 and 7 of this act, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the State Prison for not more than five years, or by both fine and imprisonment; and any corporation or agent of a corporation, guilty of any offense herein made a misdemeanor, shall, upon conviction, be punished by a fine not exceeding one thousand dollars.

Sec. 10. The provisions of this act shall extend, Scope of act. so far as applicable, to all elections provided by law, special or general.

Sec. 11. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed;

pending causes.

Provided, That the repeal of such acts, or parts of acts, Saving rights in or any of them, shall not be construed to affect any offense committed or any prosecution or proceeding instituted or pending under the laws so repealed.

Approved March 19, 1896.

Presidential electors.

Certificate.

Meeting of electoral college to fill vacancies.

CHAPTER LVII.

PRESIDENTIAL ELECTORS.

AN ACT concerning Electors of President and Vice-President of the United
States of America.

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

SECTION 1. At each general election in November next preceding the choice of President and Vice-President of the United States of America, there shall be elected as many Electors of President and Vice-President of the United States of America, as this State may be entitled to.

Sec. 2. The certificate of election for Electors of President and Vice-President of the United States of America, shall be served on each person elected, notifying him to attend at the office of the Secretary of State, at the seat of government at the hour of 12 o'clock, noon, of the Saturday next preceding the second Monday of January, next after his election, and to report himself to the Governor of this State as in attendance.

Sec. 3. The Electors of President and Vice-President so attending, shall convene in the office of the Secretary of State at the capital of the State, at the hour of 12 o'clock, noon, of the said Saturday, next preceding the second Monday of January, as provided, in section 2 of this act, and in case there shall be any vacancy in the office of an Elector, occasioned by death, refusal to act, neglect to attend, by the hour of 12 o'clock, noon, of said day, or 'on account of the ineligibility of any person elected, or from any cause, the qualified Electors present shall proceed to fill such vacancy by ballot and plurality of votes, and the said Electors so present shall immediately issue a certificate of election signed by those present, or a majority of them, to the person so chosen. In case of a failure to elect by the said Electors by noon of the Monday next following, the Governor shall fill the vacancy by appointment.

Provided, That the vacancy shall be filled from the same political party represented by the Elector whose

ineligibility, death, refusal to act or from other cause has occasioned such vacancy.

electoral col

Sec. 4. The College of Electors being full, shall Meeting of meet at the office of the Secretary of State at the cap- lege to ballot. ital, at noon of the said second Monday of January, and shall proceed to the election and performance of their duties in conformity with the Constitution and laws of the United States of America.

Sec. 5. The said Electors shall receive no com- No pensation for their services.

Approved March 19, 1896.

compensation.

CHAPTER LVIII.

THE STATE AUDITOR.

AN ACT prescribing the powers and duties of the State Auditor, and fixing the amount of his bond.

Be it enacted by the Legislature of the State of Utah:
SECTION 1. It is the duty of the State Auditor:
1. To superintend the fiscal concerns of the State.
2. To report to the Governor, on the first of Jan-
uary next preceding each regular session of the Legis-
lature, a statement of the funds of the State, its reve-
nues, of the public expenditures during the two pre-
ceding fiscal years, together with a detailed estimate
of the expenditures to be defrayed from the treasury
for the two ensuing fiscal years, specifying therein
each object of expenditure, and distinguishing between
such as are provided for by permanent or temporary
appropriation and such as must be provided for by a new
statute, and suggesting the means from which such ex-
penditures are to be defrayed, and to make a semi-
annual report to the Governor.

3. To accompany his biennial reports with tabular statements, showing, First, the amount of each appropriation for the two preceding fiscal years, the amount expended, and the balance, if any; Second, the amount

Duties of

State Auditor.

Auditor.

Duties of State of revenue, chargeable to each county for such years, the amount paid, and the amount unpaid or due therefrom.

4. When requested, to give information in writing to either house of the Legislature, relating to the fiscal affairs of the State, or the duties of his office.

5. To suggest plans for the improvement and management of the public revenues.

6. To keep and state all accounts in which the State is interested.

7. To keep an account of all warrants drawn upon the treasurer, and a separate account under the head of each specific appropriation, showing at all times the unexpended balance of such appropriation.

8. To keep an account between the State and the State Treasurer, and therein charge the State Treasurer with the balance in the treasury when he came into office, and with all moneys received by him, and credit him with all warrants drawn on and paid by him.

9. To keep a register of warrants showing the fund upon which they are drawn, the number, in whose favor, for what service, the appropriation applicable to the payment thereof, and a receipt from the person to whom the warrant was delivered.

10. To audit all claims against the State in cases where there are sufficient provisions of law for the payment thereof.

11. To examine and state the accounts of all persons indebted to the State, and certify the amount to the treasurer, and upon presentation and filing of the treasurer's receipt therefor, to give such person a discharge and charge the treasurer therewith.

12. In his discretion to require any person presenting an account for settlement to be sworn before him, and to answer, orally or in writing, as to any facts relating to it.

13. To require all persons who have received any moneys belonging to the State and have not accounted therefor, to settle their accounts.

14. In his discretion to inspect the books of any persons charged with the receipt, safe keeping, or disbursement of public moneys.

15. In his discretion to require all persons who have received moneys or securities, or have had the disposition or management of any property of the State of which an account is kept in his office; to ren

Auditor.

der statements thereof to him; and all such persons Duties of State must render such statement at such times and in such form as he may require.

16. To direct and superintend the collection of all moneys due the State, and institute suits in its name for all official delinquencies in relation to the assessment, collection and payment of the revenue, and against persons who by any means have become possessed of public money or property, and failed to pay over or deliver the same, and against all debtors of the State; of which suits the courts of the county in which the seat of government may be located have jurisdiction, without regard to the residence of the defendants.

17. To draw warrants on the State Treasurer for the payment of moneys directed by law to be paid out of the treasury; but no warrant must be drawn unless authorized by law. Every warrant must be drawn upon the fund out of which it is payable, and specify the service for which it is drawn, and the specific appropriation applicable to the payment thereof.

18. To furnish the State Treasurer on the last day of each month with a list of warrants drawn upon the treasury, specifying the amount and number of each warrant, and the name of the person in whose favor it is drawn.

19. To procure and have printed all State licenses and to sign the same and furnish the State Treasurer with licenses and charge him with the same.

20. To authenticate with his official seal, all drafts and warrants drawn by him, and all copies of papers issued from his office.

21. To collect and pay into the State treasury all fees received by him.

To perform the duties of a member of all boards of which he is or may be made a member by the Constitution or laws of the State, and such other duties as are prescribed by the Constitution and by law.

to Treasurer

Sec. 2. The certificate mentioned in subdivision What certificate 11 of section 1, must show by whom the payment is to must state. be made; the amount thereof and the fund into which it is to be paid, and must be numbered in order, beginning with number 1 at the commencement of each fiscal year.

Sec. 3. The State Auditor must keep a separate To keep sepaaccount of the school fund, and of the interest and in

rate accounts.

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