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habitants shall be known as cities of the second class; and all other cities. shall be known as cities of the third class.

Sec. 2. That section 175, Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

175. Change of Class. Whenever any city of the second class shall have attained the population of thirty thousand or more, or any city of the third class, or town, shall have attained the population of five thousand or more, and such fact shall have been duly ascertained and certified to the Governor by the mayor or the president of the board of trustees, he shall declare, by public proclamation, such city or town to be of the first or second class, as the case may be, and such city or town, thus changed, shall be governed by the provisions of this title applicable to cities of such class.

Approved this 9th day of March, 1905.

CHAPTER 100.

TOWNSITES.

An Act extending the time for complying with the provisions of title 69, Revised Statutes of Utah, 1898, in relation to townsites.

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

SECTION 1. Extending time to apply for lot in townsite. That any claimant of any lot, block or parcel of land in any town or city, as defined in title 69, Revised Statutes of Utah, 1898, who shall have failed or neglected to make application for said lot, block or parcel within the time provided by law, may at any time within one year after the approval of this act, make and file the application provided for in said title, and the same shall be heard and determined in the same manner, and with like effect as if made within the time prescribed in said original title; provided, that in no case shall such application be received or entertained by a court of competent jurisdiction if it appears that the title to the lot, block or parcel shall have been heretofore transferred in any manner by such town or city, adjudged or decreed to any prior claimant by said court; provided further, that nothing in this act shall be construed as to enlarge or extend the rights of parties in contest cases now pending in any court.

Approved this 9th day of March, 1905.

CHAPTER 101.

STATE BOARD OF CORRECTIONS.

An Act to amend section 2220, Revised Statutes of Utah, 1898, relating to the State Board of Corrections.

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

SECTION 1. That section 2220, Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

2220. Board of Corrections. The government and control of the State Prison, and the charge of its general interests and affairs shall be vested in a Board of Corrections which is hereby created and which shall consist of the Governor ex-officio and two resident citizens of the State both of which citizen members shall not be of the same political party. The citizen members of the Board shall be appointed by the Governor, by and with the consent of the Senate. Each citizen member of the Board shall hold office for four years and until his successor shall be appointed and qualified.

Approved this 9th day of March, 1905.

CHAPTER 102.

EXEMPTIONS FROM LIABILITY TO ACT AS JURORS.

An Act to amend section 1299, Revised Statutes of Utah, 1898, making certain exemp tions from liability to act as juror.

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

SECTION 1. That section 1299, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows:

1299. Who exempt from jury duty. A person shall be exempt from liability to act as a juror who is:

1. A judicial or civil officer of the United States, or of the State of Utah, or who is a member of the organized militia of the State of Utah.

2. A person holding a county, city town or precinct office.

3. An attorney and counselor at law.

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5.

6.

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A teacher in a university, college, academy, or school.

A practicing physician or surgeon.

An officer, keeper, or attendant of an almshouse, hospital, asyfum, or other charitable institution.

8. A person engaged in the performance of duty as officer or attendant of a county jail or of the State Prison.

9. An express agent, mail carrier, telegraph or telephone employee, miller, or keeper of a public ferry or toll gate.

10. A dispensing druggist of a prescription drug store.

11. A superintendent, engineer, conductor, fireman, or station agent of a railroad.

12. A person drawn as a juror in any court of record in this State, upon a regular panel, who has served as such within a year; but this exemption shall not extend to a person who is summoned as a juror for the trial of a particular case.

13. An active member of a regularly organized fire company of any city or town in this State.

14. A female citizen.

Approved this 9th day of March, 1905.

CHAPTER 103.

MUNICIPAL COURT.

An Act amending chapter 112, laws of Utah, 1901, entitled "An Act to create and organize a municipal court in certain cities, and to define the powers and duties, and jurisdic. tion thereof, and making the judge of said court, ex-officio justice of the peace of said cities, and ex-officio justice of the peace of the precincts embraced in said cities," by adding a section thereto providing for the publication of summons.

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

SECTION 1. Chapter 112 laws of Utah 1901 be and the same is hereby amended by adding thereto an additional section to be known as section 25 and reading as follows:

Sec. 25. Service of summons by publication. A summons issued out of this court may be served by publication and sections 2949, 2950, 2951 and 2952, Revised Statutes of Utah, 1898, providing for the publi

cation of summons issued out of the District Court are made applicable to municipal courts, the necessary changes and substitutions being made. therein.

Approved this 9th day of March, 1905.

CHAPTER 104.

COMMISSION TO INVESTIGATE COLLEGES.

An Act creating a commission to investigate the work of the Agricultural College of Utah and of the University of Utah, defining its powers and duties, and making an appropriation therefor.

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

SECTION 1. Commission created. A commission is hereby created consisting of nine members to be appointed by the Governor as follows: Two from Cache County, one from Weber County, two from Salt Lake County, one from Sanpete County, one from Utah County, one from Beaver County, with the Governor as ex-officio member and chairman thereof.

Sec. 2. Duties of Commission. The duties of said commission shall be to investigate thoroughly the duplication of work in the Agricultural College of Utah and the University of Utah; to ascertain the cost of such duplication and to consider the advisability of submitting to the electors of this State, an amendment to Section 4, Article 10, of the Constitution of the State of Utah providing for the consolidation of said Agricultural College of Utah and said University of Utah. The said commission shall prepare, submit to and file with the Secretary of State of the State of Utah, on or before July 1st, 1906 ,its findings as a result of the investigations made by it, and said Secretary shall transmit the said report to the Legislature within the first five days of its next session.

Sec. 3.

Witnesses may be examined. Said commission is hereby authorized and empowered to summon before it such witnesses as it may deem necessary, to examine them under oath, and to examine into the books and accounts of both of said institutions.

Sec. 4. Commission to serve without compensation. The said commission shall serve without compensation, but shall be allowed the actual and necessary expenses incident to said investigation.

Sec. 5. Appropriation. The sum of one thousand dollars or so much thereof as may be necessary is hereby appropriated for the purpose of carrying into effect the provisions of this act.

Approved this 9th day of March, 1905.

CHAPTER 105.

SERVICE OF SUMMONS.

An Act to amend section 2948, Revised Statutes of Utah, 1898, as amended by chapter 51, laws of Utah, 1899, relating to the service of summons.

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

SECTION 1. That section 2948, Revised Statutes of Utah, 1898, as amended by chapter 51, laws of Utah, 1899, be and the same is hereby amended to read as follows:

2948. Summons, how served. The summons must be served by de-livering a copy thereof as follows:

1. If the defendant is an incorporated city, to the mayor or recorder; if an incorporated town, to the president or clerk of the board of trustees.

2. If the defendant is a county, to a county commissioner or to the county clerk of such county.

3. If the defendant is a school district, to a trustee thereof, if the Board of Education of a city, to the president or clerk of such Board.

4. If the defendant is an irrigation district, to the president, superintendent or water master.

5. If the defendant is a domestic corporation, to the president or head of the corporation, secretary, treasurer, cashier, or managing agent thereof. If no such person can be found within the State, then upon a director of the corporation found within the State. If the defendant is a foreign corporation, or non-resident joint stock company or association, to the president, secretary, treasurer, or other officer thereof, or to the person designated by such corporation, company or association, as one upon whom process may be served. If no such person can be found, then upon any clerk, superintendent, general agent, cashier, principal director, ticket agent, station keeper, managing agent, or other agent having the management, direction, or control of

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