CHAPTER 40.

COMPENSATION OF MEMBERS OF THE BOARD OF EDUCATION IN CITIES.

An Act to amend section 1905, Revised Statutes of Utah, 1898, relating to compensation of members of the board of education in cities.

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

SECTION 1. That section 1905, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows:

1905. Compensation of members. The members of the Board of Education shall fix the compensation to be received for their services, at a sum not to exceed one hundred dollars per annum.

No member of the Board of Education shall take any contract, receive appointment or perform labor for which he shall receive pay. ment from the school funds or in anyway receive compensation other than the salary herein provided.

1905 a. Penalty. Any violation of the provision of this act shall be deemed a misdemeanor.

Approved this 7th day of March, 1905.

CHAPTER 41.

TAKING DEPOSITIONS WITHOUT THE STATE.

An Act providing an additional method for taking of depositions without the State.
Be it enacted by the Legislature of the State of Utah:

SECTION 1. Depositions upon oral interrogatories. The testimony of witnesses out of this State may also be taken, in addition to the method now provided by law, by depositions upon oral interrogatories and answers, in the following manner: The party taking such depositions shall serve upon the adverse party, or his attorney, a written notice specifying the title of the action in which the depositions are to be taken, the name and official character of the person before whom the depositions are to be taken, the time and place for taking the same, and the names of the witnesses to be examined. Such notice shall be served at least ten days previous to the day of taking such depositions, to which time shall be added one day for every two hundred miles, or

fraction thereof, intervening between the place of trial and the place of taking such depositions.

Sec. 2. When defendant has not appeared. When the summons in an action has been served upon the defendant therein in the manner provided by law, and the time allowed such defendant to answer has expired, and he has in no way appeared in such action, the plaintiff may take the deposition of any witness without notice to such defendant, and such deposition may be introduced in evidence in the action, and shall have the same force and effect as a deposition taken upon notice.

Sec. 3. Non-resident defendant. When the party against whom the deposition is to be heard is absent from or is not a resident of the State, and he has no agent or attorney therein upon whom service may be made, notice of the taking of a deposition may be served upon him by publishing the same three times, once each week for three successive weeks in some newspaper printed in the county where the action or proceeding is pending, if one is printed in such county; and if not, in some newspaper printed at the seat of government of this State. Personal service of the notice on the defendant out of the State shall be equivalent to such publication.

Sec. 4. Before whom taken. Such depositions may be taken before a judge, justice, or Chancellor of any Court of record, a Justice of the peace, a notary public, the mayor or chief Magistrate of any municipal corporation, a Commissioner appointed by the Governor of this State to take depositions, or any special commissioner appointed by the Court in which the action is pending, for that purpose, a Cónsul, a Vice-Consul, or consular agent, or any other officer or person authorized to administer oaths by the law of the place where such depositions are taken; provided, that when a deposition is taken before an officer not having a seal, the jurat or certificate of such officer shall be accompanied by a certificate of a Clerk of Court or record, or of an officer having custody of the records of official appointments, or tenures, setting forth the fact that the officer so taking such deposition is in fact such officer, and that his signature is genuine. When such depositions are taken before an officer having a seal, such seal shall be sufficient authentication of his office and authority.

Sec. 5. How taken. The deposition shall be taken or written in the presence of the officer before whom it is taken, either by the officer, the witness, or some disinterested person, and subscribed by the witness when completed. Nothing herein shall prevent depositions being written in shorthand and afterwards transcribed in typewriting or writing, or being taken being taken by graphophone, or other mechanism, and transcribed therefrom in typewriting or writing.

Sec. 6. How transmitted. The deposition so taken shall be sealed in an envelope endorsed with the title of the cause, and the name of

the officer before whom it was taken, and such officer shall address and transmit the same to the Clerk of the Court where the action or proceeding is pending; and it shall remain under seal until opened by the Clerk, by order of the Court or at the request of a party to the proceeding, or his attorney.

Sec. 7. How certified. The officer before whom the deposition is taken shall annex thereto a certificate showing substantially the following facts:

1. That the witness was first duly sworn or affirmed to testify to the truth, the whole truth, and nothing but the truth.

2. That the deposition was reduced to writing by some person, naming him.

3. That the deposition was written or taken in the presence of the officer certifying thereto, at the time and place specified in the notice.

4. That the deposition was read by or to the witness and corrected and subscribed by him in the presence of said officer.

Sec. 8. Objections, how made. Every objection to the competency of the witness, or to the propriety of any question put to him, or the admissibility of any testimony given by him, may be made when the deposition is produced, in the same manner as if the witness were personally examined on the trial; and without being noted upon the deposition, unless the objection is to the form or order of a question, when the objection must be noted in the deposition before the question is answered.

Sec. 9. How used. Depositions taken under the provisions of this act may be used in evidence in all proceedings where depositions can be heard, as now provided by the laws of this State, and all existing laws relating to depositions, so far as applicable and not inconsistent with this act, shall apply to depositions taken pursuant to the provisions hereof.

Approved this 7th day of March, 1905.

CHAPTER 42.

POWERS OF CITY COUNCILS.

An Act to amend section 206, Revised Statutes of Utah, 1898, relating to the powers of City Councils as amended by chapter 124, laws of Utah, 1901, as further amended by chapter 138, laws of Utah, 1903.

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

SECTION 1. That section 206 of the Revised Statutes of Utah, 1898, relating to the powers of City Councils, as amended by chapter 124 of the laws of Utah, 1901, and further amended by chapter 138, laws of Utah, 1903, be, and the same is hereby amended to read as follows:

Section 206. Powers of City Council. The City Council shall have the following powers:

1. Finances and property. To control the finances and property of the corporation.

2. Appropriations. Property. To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation; and to purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without its corporate boundaries; to improve and protect such property, and to do all other things in relation thereto as natural persons.

3. Taxes. To levy and collect taxes for general and special purposes on real and personal property, as provided by law.

To fix the amount, terms, and manner of issuing

5. Buildings. To erect all needful buildings for the use of the city.

6. Borrow Money. To borrow money on the credit of the corporation for corporate purposes, in the manner and to the extent allowed by the Constitution and the laws, and to issue warrants and bonds therefor, in such amounts and forms and on such conditions as the council shall determine. The council shall provide for the payment of the interest on such bonds as the same shall become due, and for a sinking fund for the payment of the principal thereof, within twenty years after issuing the same.

7. Issue bonds. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or refunding of the

same.

8. Streets, sidewalks, parks. To lay out, establish, open, alter widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks, and public grounds; and to vacate the same.

9. Trees. To plant or direct and regulate the planting of ornamental shade trees in streets, avenues, sidewalks, parks and public grounds.

10. Use of streets and parks. To regulate the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

11. Id. Obstructions. To prevent and remove obstructions. and encroachments upon the same.

12. Id. Lighting, etc. To provide for the lighting, sprinkling and cleansing of the same; provided, that the city council shall have the power to create sprinkling districts and levy a special tax therefor on the property to be benefitted thereby.

13. Id. Gas and water mains, etc. To regulate the opening and use thereof for the laying of gas or water mains and pipes, and the building and repairing of sewers, tunnels and drains.

14. Water, gas and light works. To construct and maintain waterworks, gas works, electric light works, telephone lines, street railways or bath houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.

15. Protect water supply. To construct or authorize the construction of waterworks, without their limits; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works; and over all reservoirs, streams, canals, ditches, pipes,. and drains used in and necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, for ten miles above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect; provided, however, that each city of the first class shall provide a highway in and through its corporate limits, and so far as its jurisdiction extends, which shall not be closed to cattle, horses, sheep or hogs, which are being driven through any such city or through any territory adjacent thereto, over which the said city has jurisdiction, but the city council of such city may enact ordinances placing under police regulations the manner of driving such cattle, sheep, horses and hogs through such city, or any territory adjacent thereto over which the said city has jurisdiction.

16. Tax districts. To divide the city into districts for the purpose of local taxation, or to create districts for that purpose, as occasion may require.