mine the salaries of county officers of each and every county for whom maximum salaries are fixed, except as provided in section 8, for the two years next succeeding; Provided, That the salaries of such officers shall No change for not be affected for the term for which they were elected and shall have qualified.

term.

for county com

cept expenses.

Sec. 6. The members of the board of county com- No additional missioners shall not receive any compensation in addi- compensation tion to that provided in section 4 of this act, for any missioners exspecial or committee work, but each member shall be paid each quarter the amount of his actual traveling expenses in attending the regular and special sessions of the board, and in the discharge of necessary committee work, not to exceed three hundred dollars each. Provided, That an itemized statement shall be made. Itemized showing in detail the expenses incurred, subscribed and sworn to by the member claiming such expenses.

stateinent.

created

Sec. 7. Counties created and organized after the Applicable to adoption of this act, must immediately come under and subsequently be governed by its provisions so far as the same are counties. applicable thereto. When the assessed valuation of any Change of class. existing county has been reduced below the class and rank first assumed hereunder, it is the duty of the board of county commissioners of such county to designate the class to which such county has been reduced, and such county is thereafter in such class, but the salary of Salary for term county officers is in no way affected for the term for which they were elected and shall have qualified. The board of county commissioners in all newly created Determination counties shall at their first meeting after the organiza-fixing salary in tion of such counties, for the purpose of fixing salaries and compensation of county officers, determine to which class their respective counties belong and fix the salaries for the first term of the officers accordingly.

not affected.

of class, and

new counties.

notaries,

Sec. 8. Notaries public, boards of arbitration, Fees for justices of the peace and constables may collect and justices, receive for their own use respectively for official ser- constables, etc. vices the fees and emoluments prescribed by law; Provided, That the city justices may be paid salaries when so determined by the mayor and the city council of such cities.

quarterly.

Sec. 9. The salaries of county officers must be Salariespaid paid quarterly out of the contingent fund of the county upon the order of the board of county commissioners; but one-half the salary of assessor, county attorney and treasurer shall be borne by the State and paid as

school superintendent.

Pay of county provided by law, Provided, The salary of county superintendent of schools shall be paid out of the county school fund.

full compensation.

Sec. 10. The salaries herein provided for county Fixed salaries officers shall be full compensation for all services of every kind and description rendered by the officers named herein; Provided, That if in the judgment of the board of county commissioners the duties of any office cannot be discharged by the principal therein then the said board of county commissioners may allow such officer a deputy or such number of deputies or assistants as in their judgment may be required to do the business of such office in connection with the principal, for such time as may be necessary, and at such salary as they may designate; the salary of any one of whom shall not exceed two-thirds of the amount fixed for the salary of the principal, the salaries of said deputies shall be a county charge.

Allowing deputies.

Maximum salary of deputies.

Combining

offices; salary.

Date salaries

Sec. 11. Whenever the board of county commissioners at the regular September session prior to any general election shall so order and enter said order on their journal, any two or more county offices which do not conflict so far as their duties are concerned, may be combined and one person elected to fill the offices thus combined. In which case the salary of the person discharging the duties of both or all of said offices. shall be fixed at not exceeding the highest salary paid to either or any of said officers whose offices are so combined, in addition to an amount not exceeding one half of the salary fixed for the other officer when only two offices are combined, or when more than two such offices are combined, in addition to such highest salary, one third of the combined salaries of such other officers.

If the office of assessor, treasurer or prosecuting attorney shall be combined with any other office, the State shall pay an equitable proportion of the whole salary to be fixed by the State Board of Examiners, which shall in no case be less than one-third of the amount of the salary fixed for such office of assessor, treasurer or prosecuting attorney prior to the same being combined with another office.

Sec. 12. The salaries of county officers herein provided shall take effect and begin as of the fourth begin for past day of January, 1896; Provided, That no salary shall be paid to any officer unless and until such officer shall

service.

account for and pay into the county treasury all fees collected by him for services in his office for the preceding quarter, beginning with January 4, 1896.

Provided further, This section shall not be construed to prevent the board of county commissioners from paying the salary of any employe or deputy of any officer.

addition te

Sec. 13. All State officers except those otherwise Expenses in specifically provided for, shall receive in addition to compensation. their salaries their actual and necessary expenses while traveling in the performance of their official duties. Sec. 14. This act shall take effect upon approval. Approved April 5, 1896.

CHAPTER CXXV.

ELECTIONS.

AN ACT relating to and making sundry provisions concerning Elections.

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

SECTION 1. There must be held throughout the General State on the first Tuesday after the first Monday in elections. November in the year 1896, and biennially thereafter, an election to be known as the general election.

tion defined.

Sec. 2. A general election is for the purpose of General elecchoosing in the proper years therefor as specified by the Constitution and the laws, one or more of the following officers, to-wit:

Representatives in Congress, electors of President an 1 Vice-President of the United States, State, and district officers. Senators and representatives in the Legislature and county and precinct officers and when necessary, voting upon the proposed amendments to the Constitution as provided in section 3, Article XXIII of

the Constitution, and for such other purposes as may be provided by law.

Sec. 3. Special elections are such as are held at Special election other times, for any purpose required by law, except defined. municipal and school elections.

In case of tie

Sec. 4. When a vacancy or failure to elect by reason of a tie vote occurs in either house of the Legisfor member of lature, the Governor must at once issue a proclamation new election to calling an election to fill such vacancy.

Legislature,

be called.

Vacancy in executive

officers of State, Governor to

fill, till general election.

Election proclamation.

Publication or posting of proclamation by counties.

Sec. 5. If a vacancy occurs in the office of judge of the supreme or district court, Secretary of State, State Auditor, State Treasurer, Attorney General or Superintendent of Public Instruction, the Governor shall appoint a person to hold the office until the election and qualification of a successor to fill the vacancy, which election shall take place at the next succeeding general election, and the person so elected shall hold the office for the remainder of the unexpired term.

Sec. 6. At least sixty days before a general election, and whenever a special election to fill a vacancy in the office of State senator or member of the House of Representatives is ordered at least ten days before such special election the Governor must issue an election proclamation, under his hand and the great seal of the State, and transmit copies thereof to the boards of county commissioners of the counties in which such elections are to be held. Such proclamation must contain a statement of the time of election and the offices to be filled.

Sec. 7. The board of county commissioners upon the receipt of such proclamation may, in the case of general or special elections, cause a copy of the same to be published in some newspaper published in the county, if any, and to be posted at each place of elec tion at least ten days before the election; and in case of special elections to fill a vacancy in the office of State senator or member of the House of Representatives, the board of county commissioners, upon receipt of such proclamation, may, in their discretion, cause a copy of the same to be published or posted as hereinbefore provided, except that such publication or posting need not be for a longer period than five days be fore such election.

Sec. 8. The person receiving at any election the Highest number highest number of votes for any office to be filled at of votes elects. such election, is elected thereto.

executive

Sec. 9. In case any two or more persons have an Tie for State equal and highest number of votes for either Governor, officers, decided Secretary of State, Attorney General, State Auditor, by lot. State Treasurer or Superintendent of Public Instruction, the tie shall be decided by lot to be drawn in the presence of the supreme court of the State at a time

officers, decided

to be designated by the court, and in case of a tie vote Tie for county for any county office except county commissioner, the by lot. board of county commissioners must determine the tie by casting lots in the presence of the persons having such equal and highest number of votes for such office.

In case of a tie vote for any of the county commissioners, the tie shall be decided by lot in the presence of the county clerk, at a day designated by him.

furnish poll

Sec. 10. The board of county commissioners of County to each county must furnish for the several election pre- books for cincts in each county, poll books, after the forms hereinafter prescribed.

precincts.

mail poll books

election.

Sec. 11. The county clerk must forward by mail, County clerk to registered, to one of the judges of election in each to judges of precinct, at least ten days prior to any general election and five days prior to any special election, two of such blank poll books for the use of the judges of such precinct.

books.

Sec. 12. The following is the form of poll books to Form of poll be kept by the judges of election in which shall be written the poll lists:

Total number of votes cast at precinct No.

We the undersigned judges of an election held at precinct in county, State of Utah, on the day of -, 189-, having first been severally sworn according to law, hereby certify that the foregoing is a true statement of the number and names of the persons voting at said precinct at said election, and that the following named persons received the number