Sec. 2. Warrants for the appropriation shall be issued by the State Auditor, but the same shall not be paid out of any moneys otherwise heretofore appropriated or held in reserve for the payment of interest on the bonded indebtedness of the State. val. Sec. 3. This act shall take effect upon its appro Approved February 28, 1896. CHAPTER XXX. COUNTY PROSECUTING ATTORNEYS. AN ACT to amend General Section 133, of Volume I of the Compiled Laws of Be it enacted by the Legislature of the State of Utah: SECTION 1. That general section 133, Vol. I, of the Compiled Laws of Utah, 1888, be and the same is hereby amended to read as follows: to have charge Sec. 133. It shall be the duty of the county pros- County attorney ecuting attorney to commence and take charge of all of all prosecutions for all offenses arising under the laws of prosecutions. the State, in the county for which he is elected or appointed in all the courts having jurisdiction of the same. He shall attend the grand jury when in session, formulate all indictments and perform all the duties of a prosecuting attorney, pertaining to cases arising under the laws of this State. In all cases where a defendant has been committed or bound over by a committing magistrate for an indictable offense, unless the presiding judge has impaneled a grand jury to investigate said offense, it shall be his duty to at once file an information in the district court against said defendant, in lieu of an indictment, a copy of which he shall cause to be served on said defendant or his attorney at the time of his arraignment. Sec. 2. This act shall take effect upon approval. Causes for removal from office. Accusation, how presented. What accusa tion must state, CHAPTER XXXI. REMOVAL OF OFFICERS OTHER THAN BY IMPEACHMENT. AN ACT to carry into effect the Provisions of Section 21, Article VI of the Constitution of Utah, providing for the removal of officers otherwise than by Impeachment for High Crimes, Misdemeanors or Malfeasance in office. Be it enacted by the Legislature of the State of Utah: SECTION 1. All officers not liable to impeachment are subject to removal for high crimes, misdemeanors or malfeasance in office as hereinafter provided. Sec. 2. An accusation in writing against any district, county, precinct, municipal or school district officer, or officer of any board of education, for any high crime, misdemeanor or malfeasance in office may be presented by the grand jury or by the county attor ney of the county for which the officer accused is elected or appointed. Sec. 3. The accusation must state the offense charged in ordinary and concise language, and without repetition. Sec. 4. When signed by the grand jury, the accuService of copy. sation must be delivered by the foreman of the grand jury to the county attorney of the county, except when he is the officer accused. The county attorney must cause a copy of the accusation to be served upon the defendant, and require, by notice in writing of not less than ten days, that he appear before the district court of the county, at a time mentioned in the notice, and answer to the accusation. The original accusation must then be filed with the clerk of the court. accused. Sec. 5. The defendant must appear at the time Appearance of appointed and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence. Answer. be in writing. Sec. 6. The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same. Sec. 7. If he object to the legal sufficiency of the Objection must accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection. oral. Sec. 8. If he deny the truth of the accusation, Denial may be the denial may be oral and without oath, and must be entered upon the minutes. must be forth Sec. 9. If an objection to the sufficiency of the When answers accusation is not sustained, the defendant must answer with. thereto forthwith. denial etc., and Sec. 10. If the defendant pleads guilty, the court Plea of guilty, must render judgment of conviction against him. If time of trial. he denies the matters charged, or refuses to answer the accusation, the court must immediately, or at such time as it may appoint, proceed to try the accusation. Sec. 11. The trial must be by jury and conducted Trial must be in all respects in the same manner as a trial for a felony. by jury. for witnesses. Sec. 12. The county attorney and the defendant Process are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial for a felony. Sec. 13. Upon a conviction, the court must, at Judgment and such time as it may appoint, pronounce judgment that entry thereof. the defendant be removed from office, but, to warrant a removal, a judgment must be entered upon the minutes, and the causes of removal must be assigned therein. Sec. 14. From a judgment of removal an appeal Appeal; during may be taken to the supreme court, in the same man- officer to be ner as from a judgment in a civil action; but, until such superseded. judgment is reversed, the defendant is suspended from his office. Pending the appeal, the office must be filled as in case of a vacancy. pendency, county Sec. 15. The same proceedings may be had on Removal of like grounds for the removal of a county attorney, ex- attorney. cept that the accusation may be made by the grand jury or by the Attorney General for the State, and must be delivered by the foreman of the grand jury or the Attorney General to the clerk, and by him to the judge of the district court of the county, who must thereupon appoint some one to act as prosecuting officer in the matter, or place the accusation in the hands of the county attorney of an adjoining county, and require him to conduct the proceedings. when verified court, how Sec. 16. When an accusation in writing, verified Accusation, by the oath of any person, is presented to a district and present in court, alleging that any officer within the jurisdiction tried. of the court has been guilty of charging and collecting illegal fees for services rendered, or to be rendered, in his office, or has refused or neglected to perform the official duties pertaining to his office, the court must cite the party charged, to appear before the court at a time not more than ten nor less than five days from the time the accusation was presented; and on that day, or some other subsequent day, not more than twenty days from that on which the accusation was presented, must proceed to impanel a jury and hear the accusation and evidence offered in support of the same, and the answer and evidence offered by the party accused; and if, on such hearing, it appears by the verdict of the jury, that the charge is sustained, the court must enter a judgment that the party accused be deprived of his office, and for such costs as are allowed in civil cases. Approved March 2, 1896. Retractions of libelous publications and damages therefor. Exception. CHAPTER XXXII. LAW OF LIBEL. AN ACT relating to the Law of Libel, providing for Retractions and the effect thereof in certain specified cases. Be it enacted by the Legislature of the State of Utah: SECTION 1. If it shall appear on the trial of any action brought for the publication of any alleged libel in any newspaper published in this State, that the said alleged libel was published in good faith, that the publi cation thereof was due to mistake or misapprehension of the facts, and that a full and fair retraction of any statement therein alleged to be erroneous was published in the next regular issue of such newspaper, or in case of daily papers, within three days after such mistake or misapprehension was brought to the notice of such publisher or publishers, in as conspicuous a place and type in such newspaper as was the article complained of as libelous, then the plaintiff in such cases shall recover only actual damages. Provided, however, That the provisions of this act shall not apply to the case of any libel against any candi date for a public office in this State, or avowed candidate for nomination to any office before any political convention, unless the retraction of the charge is made editorially in a conspicuous manner at least five days before the election, or any political convention, in case such libelous article was published in a daily paper; if published in a weekly paper, at least ten days before the election or convention. Approved March 2, 1896. CHAPTER XXXIII. TO PROVIDE FOR NEGLECTED OR DESERTED WIVES. AN ACT to provide Wives with Property and Maintenance from their Husband's estate or earnings, when neglected or deserted by them. Be it enacted by the Legislature of the State of Utah: low deserted or alimony, etc. SECTION 1. Whenever a husband being a resident Court may alof this State, shall have deserted his wife without good neglected wife and sufficient cause, or being of sufficient ability to support her, shall have neglected or refused to properly provide for and suitably maintain her, or having property within this State, and the wife being a resident of this State, shall have so deserted or neglected or refused to provide for her, the district court of the County in which the husband shall reside shall, on the application of the wife, by complaint, allot, assign, set apart and decree to her as alimony, the use of such part of her husband's real and personal estate or earnings as the court may determine in its discretion. And during the pendency of the proceedings, the court may require the husband to pay such sums for costs, expenses and attorney's fees, and for the support of the wife as it shall deem necessary and proper, in like manner as in actions for divorce. Sec. 2. In all cases commenced pursuant to the Procedure and preceding section, the proceedings and practice therein practice. |