agent, or person having the care and custody of such live stock, shall be considered and held to be personal service upon the owner thereof.

If

Sec. 7. Penalty for Removing Stock After Suit is Brought. any person having the care or custody of such live stock shall, pending an action instituted as provided in the last section, drive or move said live stock out of the county with intent to move the same out of the state, or with intent to evade the payment of the forfeiture herein before named, upon affidavit to that effect being made and filed in an action being brought to recover said forfeiture or tax herein provided, writs of attachment may issue as in civil actions, and the proceedings therein shall be as in other cases, except that no undertaking on attachment shall be required; and in addition thereto, any person so driving or moving such live stock shall be punished by a fine of not less than ten dollars nor more than three hundred dollars, or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment, for each and every offense.

Sec. 8. Stock Moved from One County to Another. Whenever the owner of any live stock, or his agent, whether such live stock have been brought from some other state or territory into the state of Utah, or whether it is live stock which have been heretofore kept and herded in this state, shall desire to drive or remove said live stock out of the county in which the same are being kept and herded according to the provisions of this act, and shall desire to drive or remove such live stock into another county in this state for grazing purposes, he shall not be required to pay any additional taxes upon such live stock to said county into which they are removed; provided, .that said owner, or his agent, shall obtain a certified copy of the certificate aforesaid, together with a statement from the county treasurer of the county from which they are to be removed, setting forth the fact that the tax for the year in which the removal takes place has been paid, or secured in the manner provided in section four of this act, together with a statement of the time at which the said live stock was moved from one county into another county, and where the said live stock are driven into the several counties, such certificate and statement must be filed, in order to claim the exemption as aforesaid, in each county in which such live stock are so driven or removed.

Sec. 9. All Stock Within the State January 1st Subject to this Act. Owner Having Real Estate in County Need Not Give Bond. All herds or bands of live stock within the state on the first day of January of any year shall be considered the same as if brought into the state from any other state or territory on that day, and the owners thereof shall be subject to and governed by the provisions of this act the same as owners of live stock brought into this state from any other state or territory; provided, where owners of live stock brought into the state from any other state or territory, or which are or may be within the state on the first day of January of any year, own real estate in the county into which such live

stock may be brought from any other state or territory, or in which such live stock may be on the first day of January of any year, in value sufficient to secure the payment of the taxes on such live stock, said owners shall not be obliged to furnish the bond or pay the forty cents per head on cattle and ten cents per head on sheep as provided in section four of this act.

Sec. 10. Distribution of Taxes Between Counties Wherein Stock Have Ranged. On the fifteenth day of January of each year from and after the passage of this act it shall be the duty of the county commissioners of each county wherein such certificates and statements have been filed, showing that live stock upon which the taxes have been paid in any county, have ranged for a portion of the year in another county, to file a statement with the county commissioners of the county wherein the taxes for the entire year have been paid, claiming from such county such proportion of the taxes as the number of months during which such live stock ranged in said county, will bear to the whole number of months of the year, which said account shall be paid by the county receiving the entire tax to the county or counties entitled to a division thereof, as above set forth, with the exception that no portion of the tax collected for state, special school or municipal purposes shall be considered in

this connection.

Sec. 11. Penalty for Failing to File Certificate of Stock Moved From One County to Another. Any person, or his agent, bringing live stock from one county in this state into another, without filing the statement and certificate as provided by section eight of this act, within thirty days after he has crossed the county line shall be subject to a fine of not less than ten dollars nor more than one hundred dollars, or imprisonment in the county jail not to exceed six months, and in addition thereto, said live stock shall not be exempt from taxation in the county from which they are taken.

Sec. 12. Assessor to Make Statement to Board of Equalization. In addition to the other duties prescribed by law, the assessor of each county is hereby required to present to the board of equalization of each county a statement setting forth such live stock and all other property which has not been assessed, or which has been assessed for less than its correct value, by reason of erroneous reports, and it shall be the duty of said board of equalization to immediately, while sitting as such board, investigate, and in the event that the person owning such property has been assessed for a smaller amount of property or a less valuation than should properly have been given, to correct such assessment in the manner provided for the correction of assessment by the board of equalization.

Sec. 13. Penalty for County Officer Failing to Perform His Duty. Any county officer or member of the board of the county commissioners or board of equalization, who shall fail to perform the duties prescribed by this act, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars.

Sec. 14. All acts and parts of acts in conflict with this act are hereby repealed.

Sec. 15. This act shall take effect and be in force from and after its approval.

Approved March 9, 1899.

CHAPTER 45.

HEALTH AND QUARANTINE REGULATIONS.

AN ACT Providing for the Suppression of Nuisances and Contagious Diseases, Prescribing Quarantine Rules and Regulations Therefor, and Relating to Burial Permits and Health of Schools.

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

NUISANCE.

SECTION 1. Nuisance Defined. A Misdemeanor. Whatever is dangerous to human life or health, and whatever renders soil, air, water or food impure or unwholesome, are declared to be nuisances and to be illegal, and every person, either owner, agent or occupant, having aided in creating or contributing to the same, or who may support, continue or retain any of them, shall be deemed guilty of a misdemeanor.

Sec. 2. Id. No house refuse, offal, garbage, dead animals, decaying vegetable matter, or organic waste substance of any kind, shall be thrown or allowed to remain upon any street, road, ditch, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring or well.

Sec. 3. Duty of Board of Health. When Complaint Made. Whenever a complaint is made in writing or otherwise to the board of health, the executive officer thereof, or a regularly appointed inspector, shall forthwith investigate the matter and shall determine whether the alleged nuisance is detrimental to the public health, or the cause of any special disease or mortality; and in case he shall so find, then he shall notify the occupant, or if unoccupied, the owner or agent of said premises, in writing, of such finding, and shall order and direct the abatement and removal of the same within two days; and in the event of the failure of the occupant or, if unoccupied, the owner or agent of said property to abate and remove the nuisance, then the executive officer may proceed to abate and remove the same, and may employ all the force necessary to do so.

Sec. 4. Nuisance. No privy vault, cess-pool, or reservoir into which a privy, water-closet, stable or sink is drained, shall be established or permitted within fifty feet of any well, spring or other source of water used for drinking or culinary purposes, without written permission from the board of health, based upon the advice of the medical health officer.

Sec. 5. Id. No pig-pen shall be built or maintained within one hundred feet of any well or spring of water used for drinking purposes or within fifty feet of any street or any inhabited house.

Sec. 6. Id. Hog yards and piggeries will not be permitted within one hundred feet of any natural stream or water course used for culinary purposes, and the drainage of a piggery shall in no case be permitted to reach any natural stream until said drainage has been purified.

Sec. 7. Id. The feeding of animals dead from natural causes, to pigs, will not be allowed. Offal shall not be fed to pigs for at least a month before they are killed. The animals to be killed shall be removed from the pen where offal is fed and shall be fed on grain or other wholesome food. Offal from hogs shall not be fed to hogs. Offal from hogs shall be burned or buried.

Sec. 8. Id. No hog-ranch or piggery for garbage or offal feeding, where more than fifty head of swine are kept, shall be established or maintained without a permit from a health authority.

CONTAGIOUS DISEASES.

Sec. 9. Rules Concerning Contagious Diseases to be Enforced. The necessary rules and regulations concerning cholera, small-pox, yellow fever, diphtheria, scarlet fever, typhoid fever, whooping cough, measles, and other contagious and infectious diseases, shall be enforced by the local boards of health, under the supervision of the health officer; and all public officers of the town, city or county, in their proper capacities, are hereby commanded and enjoined to assist the said board of health in the enforcement of said rules and regulations.

Sec. 10. To Provide Against Spread of Contagious Diseases. No person or thing liable to propagate any of the contagious diseases enumerated in the above section, shall be brought within the limits of the state without the special permit and direction of the state board of health, and whenever it shall come to the knowledge of any person that such person or thing has been brought within such limits, he shall immediately give notice thereof to a member of the said board, together with the location thereof. No person shall, within the limits of the state, without a permit from the local board of health, carry or remove from one building to another any person afflicted with such contagious disease. Nor shall any person afflicted with such contagious disease, or liable to communicate or spread the contagion thereof, be shipped or removed from one town or place to any other town or place, except under the charge and direction of the board of health, and with proper precautions against the spread of the contagion.

Sec. 11. Id. Upon satisfactory information of the approach to, or transit through the state of Utah, of infected persons or goods, it shall be the duty of the secretary, as executive officer of the board, to cause the same to be stopped at the state line, or, if found within the limits of the state, to cause such persons or goods to be removed

from cars, stages or other conveyances, and securely isolated and disinfected. In cases coming under the jurisdiction of natural or municipal quarantine authorities, he shall co-operate with said authorities in all such action.

QUARANTINE RULES.

Sec. 12. Physicians to Report Cases of Contagious Diseases. It shall be the duty of every physician or other person caring for the sick in the state of Utah to make a report to the local board of health, on forms furnished by the said board, immediately after such person becomes aware of the existence of any case of scarlet fever, diphtheria, whooping cough, small-pox or typhoid fever, in his or her charge; should additional cases occur in the same family they shall be reported in the same manner as the first case, and, in case such person shall fail to so report in twenty-four hours, said person shall be deemed guilty of a misdemeanor.

Sec. 13. Place Where Case of Contagious Disease to be Quarantined. The place wherein any person or persons are located having any of the diseases mentioned in section 12 of this act, except typhoid fever and whooping cough, shall have displayed thereon a yellow flag upon which is printed in plain black letters the name of the disease which therein exists.

Sec. 14. Flag to Remain, How Long. The quarantine flag shall be allowed to remain at least twenty-one days after scarlet fever and fourteen days after diphtheria is first reported, and it shall be unlawful for any person or persons to remove or interfere in any way with said flag without permission from the board of health. In case of death the flag shall remain for a period of not less than seven days, and longer unless the board of health is satisfied that all proper means have been employed for preventing the spread of contagion. Any person having whooping cough shall be quarantined in every respect the same as in scarlet fever as described herein, except that there may be no flag displayed.

Sec. 15. Quarantine Regulations. No person who is, or who has been affected with any of the diseases named in section 12 of this act, except typhoid fever, shall be permitted to leave the house in which he or she resides, without a permit from the board of health, to be issued on receipt of a certificate from the attending physician that all danger of communicating the disease has passed; and no person residing or lodging in a house wherein such disease is present will be permitted to leave the house without permission from the board of health. Twenty-one days must have elapsed after the quarantine has been removed from the place wherein scarlet fever, and fourteen days wherein diphtheria has existed, before a permit to attend school will be granted the person who was affected with the disease. Other persons residing in the house will be allowed to attend school upon the removal of the quarantine, provided, they first obtain a permit from the board of health, which shall be presented at the school.

Sec. 16. Id. Any person who gives, lends, sells, transmits or