coupons which shall be attached to said bonds, and shall be made payable not more than twenty years from their date. The board of education may reserve the right to redeem such bonds, or any of them, at any time after five years from their issue. Any bonds heretofore authorized by vote of any school district, remaining unsold, may, in the discretion of the board, be hereafter issued to bear any rate of interest not exceeding five per cent per annum payable annually or semi-annually. ['96, p. 511*; '97, p. 156.

1946. Printing of bonds. Authorization. Signing. Whenever any bonds are issued under the provisions of this chapter they shall be engraved, lithographed, or printed on bond paper, and shall state upon their face the date of their issue, the amount of bond, for what purpose issued, also the time and place of payment and the rate of interest to be paid. They shall have printed upon the margin, the words "Authorized by act of the legislature of the state of Utah, A. D., eighteen hundred and ninety-seven," and upon the back of each bond shall be printed a certificate, signed by the county clerk, in substantially the following form:

"I certify that the within bond is issued in accordance with law, and is within the debt limit permitted by the constitution and laws of the state of Utah, and in accordance with a vote of the taxpayers of school district of county, state of Utah, at an election held on the authorizing bonds to the amount of

dollars."

day of

18—,

They shall be signed by the president and clerk of the board of education and countersigned by the treasurer thereof, and there shall be entered in a book to be kept by the clerk for that purpose, the number, date, and denomination of the bonds sold and the date when the same shall become due. ['96, p. 511*; '97, p. 157.

1947. Sale of bonds. Use of proceeds. Whenever any bonds are issued under the provisions of this chapter the board of education shall have authority to negotiate and sell such bonds to the highest bidder. No contingent bid shall be received, and every bid shall be accompanied by a certified check of five per cent as a forfeit payable to the order of the board of education. The board may reject any or all bids. The proceeds shall be used exclusively for the purpose for which they are issued. ['96, pp. 511-12; '97, p. 157.

1948. Redemption and cancellation of bonds. Refunding. Whenever any of the bonds of a school district shall have been redeemed or purchased by the board of education, they shall be canceled by writing or printing in red ink across each bond and coupon the words, "Paid and canceled;" 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 canceled shall be filed in the office of the clerk of the board and preserved in a book to be kept for that purpose. 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. ['96, p. 512; '97, pp. 157–8.

1949. Annual levy for interest and sinking fund. The board of education, in its annual estimate and levy provided for in this chapter, 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 chapter, and such money shall remain a specific fund, and shall not be appropriated or used for any other purpose than is hereinafter provided. ['96, p. 513; '97, p. 158.

1950. Sinking fund, investment of. The moneys levied and collected for creating a sinking fund for the redemption of the bonds issued by the board of education shall be [used] as follows: after retaining an amount sufficient to pay the principal of the bonds maturing during the year, the board shall, with the sur

plus of the sinking fund, invest the same in bonds of the state of Utah, or of any school district, town, city, or county thereof, 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. ['96, p. 513; '97, p. 158.

1951. Bonds a lien on taxable property. Bonds issued under the provisions of this title shall be a lien upon taxable property of the 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. ['96, p. 513; '97, p. 158.

1952. Advertisement for bids for construction of buildings. Award. Contract. When board may erect. Whenever any schoolhouse is to be built, the board of education shall advertise for at least ten days in some newspaper published in the city for sealed proposals for building such schoolhouse 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 and 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 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 its conditions in a faithful manner and in accordance with its provisions. In case none of the proposals are satisfactory, all shall be rejected and said board shall 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 withheld until the building is completed and accepted by the board. But if after twice advertising, as provided herein, no satisfactory bid is received, the board may proceed under its own directions to erect the building required, or in case of a building not exceeding five thousand dollars in cost, if no satisfactory bid is received at the first notice, the board may proceed with the construction as it may determine. ['96, pp. 512-13; '97, pp. 158-9.

PARENTAL SCHOOLS.

1953. Board of education may establish parental schools. The board of education of any city of the first or of the second class, or the boards of education of any two or more such cities, under a contract to be approved by each of such boards, may provide for the establishment and maintenance of parental schools and for the support and education of the inmates thereof, conformably with the provisions of this chapter. ['97, p. 159.

1954. Habitual truants to be committed. Any child between the ages of eight and fourteen years residing within the city or cities maintaining such a school, adjudged guilty of being a habitual truant, or of wandering about in the streets and public places of said city or cities, without lawful employment or business, shall be committed to the parental school provided for the purpose for a term not extending beyond the age of fourteen years. ['97, p. 159. Habitual truant, etc., may be sent to industrial school, ? 2141.

1955. Id. Release. By-laws. Any child committed as provided in

the next preceding section may be released from confinement at such school either conditionally or absolutely, before the expiration of the term of commitment, in accordance with the by-laws established by the board or boards of education maintaining the same. ['97, p. 160.

1956. Committing children without parental control. Children under sixteen years of age who by reason of neglect, crime, drunkenness, or other vices of parents, or by reason of orphanage, are suffered to grow up without salutary parental control and education, or in circumstances encouraging them to lead idle and dissolute lives, may be committed to the proper parental school for a term not extending beyond the age of sixteen years. ['97, p. 160.

1957. Id. Discharge. When the parents of a child committed under the next preceding section have reformed and are leading orderly and industrious lives, and are in a condition to exercise salutary control over such child, and to provide him with proper education and employment; or when, said parents being dead, any person offers to make such suitable provision for the care, nurture, and education of such child as will conduce to the public welfare, the board of education may discharge him to the parents or other such person. ['97, p. 160.

1958. District courts have jurisdiction. The district courts of the several counties shall have jurisdiction within their respective counties to enforce the provisions of this chapter, upon such notice to the parents or guardians of the children whom it is proposed to commit to parental schools as the court may deem just and proper. ['97, p. 160.

1959. Expense of parental schools, how paid. Any board or boards of education maintaining a parental school in accordance with section nineteen hundred and fifty-three shall estimate and determine as near as may be the average actual expense per month of keeping and taking care of the boys and girls who may be committed to the parental school, and the average cost of keeping such boys and girls shall be wholly paid by the parent or guardian of each boy or girl committed to the school unless for good cause said board or boards of education shall otherwise order and direct. The board of education of the city in which the parent or guardian of any such committed boy or girl resides may bring suit to enforce this provision. ['97, p. 160.

1960. Admission of pupils from outside of city. On the tender of a payment which will meet all costs of support at the parental school, the board or boards of education maintaining such school may receive into it on equal terms boys or girls whose residence is in the state outside the city or cities to which the school belongs. ['97, pp. 160-1.

1961. Truant officer. Compensation. The board of education of each such city may appoint and fix the compensation of a truant officer, whose duty it shall be to make complaints and arrests in cases contemplated by this chapter, and to serve legal process issued by courts in pursuance hereof. The police authorities of the city shall make such truant officer a special policeman. ['97, p. 161.

CHAPTER 16.

GENERAL PROVISIONS.

COMPULSORY ATTENDANCE.

1962. What children must attend and for how long. Excuses. 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, 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 education of the city, as the case may be, whenever it shall be shown to their satisfaction that one of the following reasons exists:

1. 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 school.

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

3. 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.

4.

5.

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

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

The evidence of the existence of any of these reasons for non-attendance must be in each case sufficient to satisfy the superintendent of the county or city in which the child resides; and the superintendent, upon the presentation of such evidence, shall issue a certificate stating that the holder is exempted from attendance during the time therein specified. ['96, p. 514*; '97, pp. 161-2. Compulsory education of deaf, dumb, and blind, ?? 2117–2119.

1963. Failure to send children to school. Penalty. Any such parent, guardian, or other person 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. ['96, p. 514*; '97, p. 162.

1964. Id. Inquiry into violations of school law. It shall be the duty of the president of the board of education of any city, and the chairman of the school trustees of any district, within their respective jurisdictions, to inquire into all cases of misdemeanor defined in this title 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 shall have been committed, and it is hereby made the duty of either of said officers to proceed immediately to prosecute such offenders. ['96, p. 514; '97, p. 162.

1965. Incorrigible children. Sent to industrial school. All children in the district between the ages of eight and sixteen years, who, in defiance of 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 industrial school. ['96, pp. 515; '97, p. 162.

CHAPTER 17.

KINDERGARTEN.

1966. Board may maintain kindergartens. Teachers. School boards may establish and maintain kindergartens in their several districts, open to children resident therein between the ages of four and six years. The cost

thereof may be paid in whole or in part out of the school funds of the district. Kindergartens established under the provisions of this section shall be subject to the control of the school boards of the respective districts in which they are maintained. Teachers for said schools, unless holding a certificate of efficiency in kindergarten work granted by the state normal school, shall be required to sustain a special examination relating to the principles and practice of the kindergarten, such examination to be conducted under the direction of the state board of education. ['94, pp. 54-5; '97, pp. 162-3.

Kindergarten schools part of public school system, Con. art. 10, sec. 2.

TITLE 56.

REAL ESTATE.

CHAPTER 1.

POSSESSORY RIGHTS.

1967. Of proprietors of unclaimed public lands. Any person who has inclosed, or may hereafter inclose, a portion or portions of unclaimed government land, or has caused it to be done at his expense; or has purchased, or may hereafter purchase, such inclosure; or has erected, caused to be erected, or purchased any building or other improvement thereon, or may hereafter do so, is hereby declared to be the lawful owner of the claim to the possession of such inclosed land, and the lawful owner of the improvements thereon and thereunto appertaining; and he shall be so deemed and held in all legal proceedings, and in all rights and doings pertaining or relating to the aforesaid property. [C. L. $2609.

Occupying claimants, 22 2021-2028.

Actual occupancy is necessary to a possessory title, but it may be evidenced by an inclosure and

maintained by an agent or tenant. Hyndman v. Stowe, 9 U. 23; 33 P. 227.

1968.

CHAPTER 2.

CONVEYANCES.

"Real estate" defined. The term "real estate," as used in this title, shall be construed as co-extensive in meaning with land, tenements, hereditaments, and mining and land claims. [C. L. § 2644.

1969. "Conveyance" defined. The term "conveyance," as used in this title, shall be construed to embrace every instrument in writing by which any real estate, or interest in real estate, is created, aliened, mortgaged, incumbered, or assigned, except wills and leases for a term not exceeding one year. [C. L. § 2645*.

1970. Word "heirs" unnecessary to pass fee. The term “heirs"