Redemption and cancel

and every bid shall be accompanied by a certified check of five per centum as a forfeit payable to the order of the board of education. And the proceeds shall be used exclusively for the purpose for which they are is sued. The board may reject any or all such bids.

Sec. 161. Whenever any of the bonds of a school district shall have been redeemed or purchased by the lation of bonds. board of education, they shall be cancelled by writing or printing in red ink across each bond and coupon the words "Paid and Cancelled," and the date of payment and amount paid shall be entered in the clerk's register against the number of the bond, and the bond and coupons so cancelled shall be filed in the office of the clerk of the board and preserved in a book to be kept for that purpose.

Refunding bonds.

for construction

ings.

Any bond or bonds heretofore or hereafter issued by any board of education or school district may be refunded at any time by such board or school district when a lower rate of interest or better terms can be obtained, and the provisions hereof as to elections shall not apply.

Sec. 162. Whenever any schoolhouse is to be built Advertisement the board of education shall advertise for at least ten of school build- days in some newspaper published in the city for sealed proposals for building such school house in accordance with the plans and specifications which shall be furnished by the board of education at its office or at the office of the architect, stating in such advertisement or notice the place where, the day and hour when, all proposals will be opened, and reserving the right to reject any and all proposals and shall require a certified check of not less than five per cent. of the amount of the bid to accompany the same, which check shall be made payable to the order of the board of education, and the check of the successful bidder shall be forfeited in case he fails or refuses to enter into the contract and furnish the bond required.

At the time and place specified in said notice, the Opening bids, board shall meet and publicly open and read all the proposals which have been received, and if satisfactory bids have been received, shall award the contract to the lowest responsible bidder, and shall require of such bidder or contractor a bond in one-half the amount of the contract, conditioned that he will properly perform the conditions in a faithful manner and in accordance with its provisions; in case none of the proposals are

anew.

satisfactory, all shall be rejected and said board shall Advertising advertise anew in the same manner as before, and may require in the contract to be executed that at least twenty per cent. of the contract price may be with- withholding held until the building is completed and accepted by twenty per cent. the board. But if after twice advertising, as provided price. herein, no satisfactory bid is received, the board may proceed under its own directions to erect the building Board may required, or in case of a building not to exceed five erect buildings. thousand ($5,000.00) dollars in cost, if no satisfactory bid is received at the first notice, the board may proceed with the construction as it may determine.

mate.

Sec. 163. The board of education in its annual Annual estiestimate and levy provided for in this article, shall include an amount sufficient to pay the interest as the same accrues on all outstanding bonds issued by the board, and also to create a sinking fund of two per cent. of the par value of outstanding bonds for the redemption of said bonds, and shall cause a tax to be levied and collected as provided for in this article, and such money shall remain a specific fund, and shall not be appropriated or used for any other purpose than is hereinafter provided.

investment of.

Sec. 164. The moneys levied and collected for Sinking fund; creating a sinking fund for the redemption of the bonds issued by the board of education shall be as follows: After retaining an amount sufficient to pay the principal of the bonds maturing during the year, the board shall, with the surplus of the sinking fund, invest the same in bonds of a school district, county, city, State, (all of Utah), or of the United States, on the best terms to be obtained until such time as it may be needed to purchase any outstanding bonds that may be offered, or until the maturity of any such bonds.

taxable prop

Sec. 165. Bonds issued under the provisions of Bonds a lien on this act shall be a lien upon the taxable property of the erty. school district issuing them, and when the board of education neglects or refuses to levy a tax in accordance with law to meet the outstanding bonds or the interest thereon, the board of county commissioners of the county within which such district is situated, shall levy such tax, and apply the money thus collected to the payment of such bonds, and the interest due thereon.

Compulsory attendance of children between eight and fourteen years.

Excuses for

non-attendance,

child to school; penalty.

Sec. 166. Every parent, guardian or other person having control of any child between eight and fourteen years of age, shall be required to send such child to a public, district or private school in the district in which he resides, at least twenty weeks in each school year, after the thirtieth day of June, 1896, ten weeks of which shall be consecutive; Provided, That in each year such parent, guardian or other person having control of any child shall be excused from such duty by the school board of the district or the board of educa tion of the city, as the case may be, whenever it shall be shown to their satisfaction that one of the following reasons exist:

First-That such child is taught at home in the branches prescribed by law for the same length of time as children are required by law to be taught in the district schools.

Second-That such child has already acquired the branches of learning taught in the district schools.

Third-That such child is in such physical or mental condition (which may be certified by a competent physician if required by the board) as to render such attendance inexpedient or impracticable. If no such school is taught the requisite length of time within two and one-half miles of the residence of such child by the nearest road, such attendance shall not be enforced.

Fourth-That such child is attending some public. district or private school.

Fifth-That the services of such child are necessary to the support of a inother or an invalid father.

Sec. 167. Any such parent, guardian or other perFailure to send son having control of any child between eight and fourteen years of age [who] wilfully fails to comply with the requirements of the last preceding section, shall be guilty of a misdemeanor, and upon conviction thereof, be fined not more than ten dollars for the first offense. and for the second and every subsequent offense, not more than thirty dollars, and costs in each case: such fine shall be paid into the district school fund.

violations of

Sec. 168. It shall be the duty of the president of Inquiry into the board of education of any city, and the chairman of schrol law. the school trustees of any district, within their respective jurisdictions, to inquire into all cases of misdemeanor defined in this act and to report the same and the offenders concerned, when known, to the city or county attorney of the city or county within which the offenses have been committed, and it is hereby made the duty of said officer to proceed immediately and prosecute such offenders.

children of

Sec. 169. All children in the district between the Incorrigible ages of eight and sixteen years, who, in defiance of school age. earnest and persistent efforts on the part of their parents or teachers, are habitual truants from school, or while in attendance at school are vicious, immoral, or ungovernable in conduct, shall be deemed incorrigible, and it is the duty of the president of the board of education or the chairman of the board of trustees of each school district to inquire into all such cases within his district and report them to the county attorney acting for such district, whose duty it shall be to prosecute such cases as incorrigibles and fit candidates for the State reform school.

MISCELLANEOUS.

cers continued.

Sec. 170. The terms of office of all school officers Terms of offiin counties, and cities of the first and second class are hereby continued until they expire as provided by law, and until their successors are elected, or appointed and qualified.

bonds secured.

No repeal shall affect the validity of any bonds Validity of heretofore sold but remaining unissued or unsold either in counties or in cities of the first and second class.

assessment

Sec. 171. Nothing in this act shall be construed Levy or tax as intended to abate, impair or invalidate any levy not impaired. or tax assessment therefor which has been or is now being made in any school district or county in this Territory or State, and all such assessments shall be continued and completed and the taxes levied shall be collected in the manner provided by law.

Sec. 172. Acts entitled "An act to provide for a uniform system of free schools through Utah Territory," approved March 13, 1890, March 10, 1892, and

Chapter 69 of the Laws of 1894, respectively, and all acts and parts of acts inconsistent with this act are hereby repealed.

Approved April 5, 1896.

corporate.

CHAPTER CXXXI.

COUNTY GOVERNMENTS.

AN ACT to establish a Uniform System of County Government.

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

SECTION 1. The several counties of the State, as County a body they now exist, and such other counties as may hereafter be organized, according to law, are bodies corporate and politic, and as such have the powers specified in this act, and such other powers as are necessarily implied.

Power exer

commissioners,

Sec. 2. Their powers can only be exercised by the board of county commissioners, or by agents and offcised by county cers acting under their authority, or authority of law. The selectmen of the various counties of the State. now in office are hereby constituted county commissioners of their respective counties.

etc.

County to be designated by

name.

Powers of county.

Sec. 3. The name of the county designated in the law creating it is its corporate name, and it must be designated thereby in all actions and proceedings touching its corporate rights, property, and duties. Sec. 4. It has power:

1. To sue and be sued.

2. To purchase and hold land within its limits necessary and proper for county purposes and tax sales.

3. To make such contracts and to purchase and hold such personal property as may be necessary to the exercise of its powers.

4. To manage and dispose of its property as the interests of its inhabitants may require.

5. To levy and collect such taxes, for purposes under its exclusive jurisdiction, as are authorized by law.

1