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thereof, arose, subject to the like power of the court to change the place of trial;

1. For a recovery of a penalty or forfeiture imposed by statute, except, that when it is imposed for an offense committed on a lake, river or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream, opposite to the place where the ffense was committed;

2. Against a public officer, or person specially appointed to execute his duties, for an act done by him in virtue of his office; or against a person who, by his command or in his aid, does anything touching the duties of such officer.

Sec. 3195. An action against a county, may be com- Same. menced and tried in such county, unless such action is brought by a county, in which case it may be commenced and tried in any county, not a party thereto.

Sec. 3196. In all other cases the action must be Same. tried in the county in which the defendants, or some of them, reside at the commencement of the action; or, if none of the defendants reside in the State, or, if residing in this State, the county in which they reside is unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if the defendant is about to depart from the State, such action may be tried in any county where either of the parties reside or service is had; subject, however, to the power of the court to change the place of trial as provided in this code.

Sec. 3197. If the county in which the action is a commenced is not the proper county for the trial proper county. thereof, the action may, notwithstanding, be tried therein unless the defendant, at the time he appears and answers or demurs, files an affidavit of merits and demands, in writing, that the trial be had in the proper county.

Sec. 3198. The court may, on motion, change the ch place of trial in the following cases:

1. When the county designated in the complaint is not the proper county;

2. When there is a reason to believe that an impartial trial cannot be had therein.

3. When the convenience of witnesses and the ends of justice would be promoted by the change;

Actions begun outside of

Changes in place of trial.

Court may call another judge.

4. When from any cause the judge is disqualified from acting; Provided, however, that the court in its discretion may either grant the motion to change the place of trial for the cause stated in this subdivision, or may call in another district judge not disqualified,

to try the case. If any action and the co

Where cause is to be transferred to.

or procence pleadinch it is tran

transmit

transfer.

Sec. 3199. If any action or proceeding is come is menced or pending in a court, and the court orders the

place of trial to be changed, it must be transferred for trial to a court the parties may agree upon, by stipulation in writing, or made in open court and entered in the minutes, or if they do not so agree, then to the nearest court where the like objections or cause for making the order does not exist.

Sec. 3200. When an order is made transferring an Clerk must action or proceeding for trial, the clerk of the court, papers; costs of must transmit the pleadings and papers therein to the

clerk of the court to which it is transferred. The costs and fees thereof and of filing the papers anew must be paid by the party at whose instance the order was made. Provided, That when said order is made for the reason that the cause was commenced in the wrong county, and this appears affirmatively upon the face of the complaint, said costs of transfer and filing the papers anew shall be paid by the plaintiff in the action within ten days after the making of such order or said cause dismissed for want of jurisdiction. The court to which an action or proceeding is transferred shall have and exercise the like jurisdiction as though it had been originally commenced therein.

Sec. 3201. When an action or proceeding affecting oferite, the title to or possession of real estate has been brought

in or transferred to a court for a county other than the
county in which the real estate, or some portion of it,
is situated, the clerk of such court must, after final
judgment therein, certify, under his seal of office, and
transmit to the corresponding court of the county in
which the real estate affected by the action is situated,
a copy of the judgment. The clerk receiving such
copy must file, docket, and record the judgment in the
records of the court, briefly designating it as a judg-
ment transferred from — - court (naming the proper
court).

Sec. 2. This act shall take effect upon approval.
Approved February 17, 1896.

ing real estate, clerk must certify.

.CHAPTER XVIII.

REDEMPTION FROM TAX SALES.

AN ACT to amend Section 2032, Chapter X, Compiled Laws of the Territory

of Utah, 1888, as amended by Section 3, Chapter LXXV, Session Laws of 1894, relating to the time and manner of redemption from tax sales.

property sold

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

SECTION 1. That section 2032, s. 21, Compiled Laws of Utah, 1888, as amended by section 3, Chapter LXXV, Session Laws of 1894, be, and the same is hereby amended to read as follows:

Sec. 2032. s. 21. Real estate sold for taxes, may Redemption of be redeemed by any person, interested therein, at any por la res. time within four years after the date of the sale thereof, by such person paying into the county treasury for the use of the purchaser, or his legal representatives, the amount paid by such purchaser, and all costs, as aforesaid, with interest at the rate of one and one-half per cent., per month, on the whole, from the day of sale to that of the redemption, and all taxes that have accrued thereon and which have been paid by the purchaser after his purchase to the time of redemption. The county treasurer shall, when any property is redeemed make the proper entry in the record of tax sales filed in his office by the collector, which entry, or a certificate of the fact of redemption properly certified Certificate of by the treasurer shall be prima facie evidence of such redemption.

Sec. 2. This act shall take effect upon its approval.

Approved February 17, 1896.

umake the proper encollector, which entry fed Certificate of

redemption.

CHAPTER XIX.

JUDGES PRO TEMPORE.

AN ACT providing for the trial of causes in the District Courts by Judges

pro tempore.

ment of judges

be made.

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

SECTION 1. That any cause pending in a district Who may act as court may be tried by a judge pro tempore who shall judge pro tem. be a member of the bar of the supreme court of the

State.

Sec. 2. Whenever all the parties to an action How appoint- pending in a district court or their attorneys of record pro tem shall shall enter into a written stipulation entitled in the

cause appointing such judge pro tempore for the trial thereof and the person appointed shall take and subscribe an oath to faithfully try and determine the issues joined between the party or parties plaintiff (naming them) and the party or parties defendant (naming them) and any other parties, if such there be (naming them), it shall be the duty of the clerk of the court in which such action is pending to attach together said stipulation and oath and to place them on file and also to record them at length upon the minutes of the court; whereupon the person appointed shall be vested with the same power and authority and shall be charged with the same duties as to the cause in and as to which he is appointed as though he were the regularly elected and qualified judge of the district court; Provided, That parties may, by the terms of their stipulation, limit the power of such judge pro tempore to the trial and determination of any specified issue or issues, either of law or fact, and in such case, the oath of the person appointed shall correspond to the terms of the stipulation.

Sec. 3. Judges pro tempore shall serve without Judges pro tem compensation from any public treasury, but it shall be

m lawful for the parties to agree upon and express in their public treasury. written stipulation any mode or amount of compensa

tion, together with any further agreement as to the taxing of the same as costs.

Sec. 4. This act shall take effect upon its approval.

Approved February 17, 1896.

receive no compensation from

CHAPTER XX.

TRANSFER OF CAUSES FROM TERRITORIAL TO STATE

COURTS.

AN ACT providing for the transfer of causes pending in the Territorial Su

preme and District Courts to the proper State Courts.

to State

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

SECTION 1. That all actions, cases, proceeding's Causes transand matters pending in the supreme court of the Ter- ferred from ritory of Utah at the time the State was admitted into supreme court the Union are hereby transferred to the supreme court supreme court. of the State, and shall in all respects be considered as pending in said court on appeal from the district court of the second judicial district for the county of Weber, the district court of the third judicial district for the county of Salt Lake, the district court of the fourth judicial district for the county of Utah and the district court of the fifth judicial district for the county of Beaver, according as the appeals in such cases were taken from the fourth, tiird, first or second judicial district courts of the Territory respectively; and all actions, cases, matters and proceedings which were at said date pending in the district courts of the Territory are hereby transferred to the district court of the second judicial district for the county of Weber, the dis-ferred in trict court of the third judicial district for the county of Salt Lake, the district court of the fourth judicial district for the county of Utah and the district court of the fifth judicial district for the county of Beaver according as said actions, cases, proceedings and matters were pending in the fourth, third, first or second Territorial judicial district courts respectively; Prorideil, That all such actions, cases, matters or proceedings which prior to the passage of this act by order of the court have been removed substantially in accordance with the terms of this act to any other State district court shall be deemed and held to be pending in the district and county to which the same may have been transferred.

Sec. 2. In case the State district court and county Procedure to which any such action, case, matter or proceeding is would not be to transferred by the terms of this act would not have

Causes trans

district courts.

when transfers

proper court..

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