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. vitiate dower. Sec. 6. Where, in such case, the mortgagee, or sale does not such grantee, as those claiming under him shall, after 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 ap proval. Approved April 5, 1896. 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 University funds trans land commis sion. Deferred pay ments to be made to county treasurers. 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 this State. All deferred payments for the sale of University 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: SECTION 1. There is hereby directed to be raised Amount of for State and school purposes for the fiscal year of 1896, State revenue. 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 purposes. 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 empow ered 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. shall be known as the "Boys' Department," and the other shall be known as the "Girl's Department. school by trustees. Sec. 2. The government and control of the said control of school shall be vested in a board of trustees to consist trustees. of three members, not more than two of whom shall be of the same political party, to be appointed by the Appointment of Governor, by and with the consent of the Senate, one to serve for three years, one to serve for five years, and one to serve for seven years, as may be designated by the Governor at the time of the appointment, and at the expiration of their term, their successors shall be appointed in like manner for the term of six years. Term. Whenever a vacancy occurs in the board, otherwise vacancy. than by the expiration of a term, such vacancy shall be filled by the Governor for the remainder of the term with the consent of the Senate, if in session. If the Senate is not in session the appointment shall continue until the next regular session of the Senate. The first appointment shall be made on the passage of this act. tion but Sec. 3. The members of said board of trustees No compensashall receive no compensation for their time or services, expenses. but their actual and reasonable expenses, incurred in the performance of their official duties, to be verified on oath, shall be paid by the State Treasurer on the warrant of the State Auditor, out of money in the treasury not otherwise appropriated. school. Sec. 4. The said board shall, as soon as prac- Removal of ticable after their appointment, provide for the removal of the reform school from its present site, and shall establish it at some other suitable site (to be purchased by the board) in the city of Ogden, county of Weber, in this State. If suitable buildings cannot be Buildings. procured, or if they deem it for the best interest of the State, the said board of trustees shall procure and adopt plans, drawings and specifications for the construction of the State Industrial School buildings and shall make provisions for the erection of said buildings and cause the same to be carried out in accordance with such plans and specifications. The said buildings shall be erected so far as practicable, to conform to the plan known as the "cottage system." The building or Separate for buildings designed for the use of the girls shall be boys and girls. separate and removed from the buildings designed for the use of the boys as far as practicable and remain on the same tract of land. The purchase of said site and the plans and specifications for the erection of said |