« AnteriorContinuar »
been the proper court for the hearing and determination thereof, had the same been commenced at the date of the passage of this act, it shall be the duty of said court, either upon its own motion, or upon application of any party seasonably made on notice to the adverse party, to remove the same to the proper State district court and county by causing to be entered of record in the court and county where the same is pending an order therefor setting forth the reason for the same. Whereupon it shall be the duty of the clerk of the court for the county from which such removal is made to attach together the original papers, indictments and files in the action, case, matter or proceeding, and a certified transcript of the record, and proceedings had therein together with a certified copy of the order of removal, and he shall trausmit the same to the proper district court for the proper county in accordance with the terms of said order of removal.
Sec. 3. This act shall take effect immediately upon its approval.
Approved February 18, 1896.
AN ACT to amend Section 3414 (s. 552) of Vol. II, Compiled Laws of Utah,
1888, relating to the Liens of Judgments on Real Property.
Be it enacted by the Legislature of the State of Utah:
SECTION 1. That Section 3414 (s. 552) of Vol. II, Compiled Laws of Utah, 1888, be and the same is hereby amended to read as follows:
$3414. s. 552. Immediately after filing the judgJudgment a ment roll, the clerk must make the proper entries of it is docketed. the judgment, under appropriate heads, in the dacket
kept by him and from the time the judgment is docketed it becomes a lien upon all the real property of the judgment debtor not exempt from execution, in the county in which the judgment is given, made and en
lien from time it is docketed.
and from the all the real precution, in the
tered, owned by him at the rendition of the judgment,
Sec. 2. This act shall take effect upon approval.
CERTIFICATION OF BONDS AND WARRANTS.
of such coued accorial characte in the
AN ACT authorizing and requiring certain Public Officers to certify Bonds,
Warrants and Certificates of Indebtedness of Counties, Cities and School
SECTION 1. The county clerk of each county, the warrants to be recorder of each city, the clerk of each board of educa- certified as in tion and the clerk of each school district in this State shall endorse a certificate upon every bond, warrant or other evidence of debt, issued pursuant to law, by any such officer, that the same is within the lawful debt limit of such county, city and school district respectively, and is issued according to law. He shall sign such certificate in his official character.
Sec. 2. Any person mentioned in the foregoing Penalty for section who shall neglect to endorse any certificate re-nice quired thereby, or who shall make any such certificate falsely and fraudulently, shall be guilty of a misdemeanor, and punishable by a fine, not exceeding one thousand dollars, or imprisonment in the county jail, not exceeding one year, or by both such fine and imprisonment.
Sec. 3. This act shall take effect thirty days after approval.
Approved February 21, 1896.
o shall neglechall make any silty of a mi
neglect to certify warrants.
PROSECUTION BY INFORMATION.
AN ACT to provide for Prosecutions in Criminal Cases by information, and
to repeal all other Acts or parts of Acts in conflict therewith.
What information must recite.
Be it enacted by the Legislature of the State of Utah:
SECTION 1. Offenses heretofore required to be information or prosecuted by indictment, shall be prosecuted by in
formation, after examination and commitment by a magistrate, unless the examination be waived by the accused, with the consent of the State, or by indictment with or without such examination and commitment.
Sec. 2. The information must recite the fact of the commitment or binding over of the defendant, and the names of the witnesses, if any, testifying for the State, in such examination must be endorsed thereon. That portion of the information which describes and charges the acts or omissions constituting the offense, including time, place, person, property or other element of the offense, must conform to, and be tested by the same rules of pleading, and the same proceedings had thereon, as are now provided for in indictments; Provided, That an information cannot be set aside on motion, except in the following cases:
1. When it fails to recite that the defendant had tion may be set theretofore been duly committed or bound over by a
committing magistrate for the offense charged therein.
2. When the names and witnesses testifying on the part of the State, in such examination, are not endorsed thereon.
3. When it is not signed by the county prosecuting attorney or his deputy, or by the attorney pro tempore for the State.
Sec. 3. The information may be substantially in the following form: “STATE OF UTAH, County of —
“IN THE DISTRICT COURT FOR SAID COUNTY.
“Comes now - county and prosecuting attorney for the county of — in the State of Utah, and in
the name and by the authority of the State of Utah, in his official capacity, informs the court, and gives the court to understand that --having heretofore been duly bound over (or committed) by — a committing magistrate of this county, to answer to this charge, did on the day of at the county of-win the State of Utah, commit the crime or offense of (here designate the crime generally) by then and there (here state the acts or omissions constituting the crime or offense as in an indictment). Contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Utah.
“County and prosecuting attorney for the
county of State of Utah.”
Sec. 5. This act shall take effect upon approval.
AN ACT to Define who are and who are not Fellow-Servants.
Be it enacted by the Legislature of the State of Utah :
SECTION 1. That all persons engaged in the ser- Who are not vice of any person, firm or corporation, foreign or domestic, doing business in this State, who are entrusted by such person, firm or corporation as employer with the authority of superintendence, control or command of other persons in the employ or service of such employer, or with the authority to direct any other employe in the performance of any duties of such employe are vice-principals of such employer and are not fellow-servants.
Sec. 2. That all persons who are engaged in the w service of such employer, and who, while so engaged, servants.
Who are fellow
any superintms being entruste grade of
ce or contro by such emple, neither
are working together at the same time and place to a common purpose, of the same grade of service, neither of such persons being entrusted by such employer with any superintendence or control over his fellow employes, are fellow-servants with each other; Provided, That nothing herein contained shall be so construed as to make employes of such employer in the service of such employer fellow-servants with other employes engaged in any other department of service of such employer. Employes who do not come within the provisions of this section shall not be considered fellowservants.
Approved February 21, 1896.
UTAH STATE SCHOOL FOR THE DEAF AND DUMB.
AN ACT incorporating the Utah State School for the Deaf and Dumb, pro
viding for its location and governinent and making an appropriation for its support and maintenance.
Institution for deaf and dumb made a body corporate.
Be it enacted by the Legislature of the State of Utuh:
SECTION 1. The institution of the deaf and dumb
mutes heretofore conducted as a department of the deaf and dumb University of Utah, is hereby made a body corporate
by the name of the “Utah State School for the Deat and Dumb," and it shall have perpetual succession, a corporate seal, and by said name may sue and be sued, contract and be contracted with, and it may take and hold by purchase, gift, devise or bequest, real and personal property required for its uses, and it may convert property and credits received by gifts, devise or bequest, and not suitable for its use, into money or property available for its uses. It shall be deemed a public corporation, and its property, credits and effects shall be exempt from all taxes and assessments.
Sec. 2. The purposes of the school shall be to Purpose of the provide an education for the deaf, the mute, and the
deaf mute of the State, who are of sound mind and