Per diem in civil cases. Fees for transcribing. Defendant in criminal case Sec. 6. In all civil causes, the per diem of the stenographer provided in said contract shall be paid by the party in whose favor judgment is rendered, and shall be taxed up by the clerk of the court as costs against the party against whom judgment is rendered. In case of the failure of the jury to agree, the plaintiff must pay the stenographer's fees for time employed, and transcripts ordered by plaintiff which have accrued up to the time of the discharge of the jury. In cases where a transcript has been ordered by the court, the fees for transcribing must be paid by the respective parties to the action or proceeding, in equal proportion, or by such of them and in such proportion as the court in its discretion may order; and no judgment or verdict shall be entered, except the court shall otherwise order, until the stenographer's fees are paid, or a sum equivalent thereto deposited with the clerk of the court therefor. In no case shall a transcript be paid for unless ordered either by the plaintiff or defendant, or by the court, nor shall the stenographer be required in any civil case to transcribe his notes until the fees therefor be tendered him, or a sufficient amount to cover the same, be deposited in court for that purpose. The party ordering the stenographer to transcribe any portion of the testimony or proceedings, must pay the fees to the stenographer therefor. In criminal cases, when the proceedings have been taken down or transcribed upon the order of the court the fees of the stenographer shall be certified by the court to the State Auditor, who shall draw his warrant upon the State Treasurer for the amount so certified, and the same shall be paid out of the State treasury; Provided, That if the defendant in a criminal case desires to have the stenographer transcribe his notes must pay fees. taken on the trial, he must pay the stenographer's fees therefor, or deposit a sum equivalent thereto with the clerk of the court therefor, or the court must refuse to order the stenographer to transcribe his notes. Limit of liability for Sec. 7. Neither the judge employing and contracting with such stenographer, nor the State or any compensation. department thereof shall be liable to the stenographer for any compensation, fee or mileage, except as provided in sections 2 and 6 of this act. Sec. 8. Sections 3095 to 3099, both inclusive, of the Compiled Laws of Utah, 1888, being sections 135 to 139 of the Code of Civil Procedure, and Chapter 60, Laws of Utah, 1892, and all acts or parts of acts in conflict herewith are hereby repealed. Sec. 9. This act shall take effect upon its approval. [NOTE. This act having been returned by His Excellency, the Governor, to the Senate, that being the house in which it originated, without his approval, with his objections thereto, and the Senate having entered at large his objections upon its journal, proceeded to reconsider the bill and thereupon the said bill passed both houses by a yea and nay vote of two-thirds of the members elected to each house and was filed in the office of the Secretary of State on the first day of April, 1896.] CHAPTER LXXVI. SALE OF INTOXICATING DRINK TO INDIANS. AN ACT to prevent the Sale of Intoxicating Drink to Indians or to Persons living or cohabiting with Indians. Be it enacted by the Legislature of the State of Utah: Indians SECTION 1. That every person who sells, ex- Liquor to changes, gives, barters or disposes of any intoxicating forbidden. drink to any Indian of the whole or half blood, or to any person living or cohabiting with an Indian woman, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the State prison for a period of not more than three years, or by a fine of not more than three hundred dollars, or by both in the discretion of the court. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. Approved April 2, 1896. CHAPTER LXXVII. BOARD OF LOAN COMMISSIONERS. AN ACT creating a State Board of Loan Commissioners, providing for the issuing and disposal of State Bonds, and for the refunding of the Bonds of the Territory or State already issued. For the purpose of meeting casual deficits, or failure in revenue, for necessary expenditures for public purposes, for the payment of Territorial indebtedness assumed by the State, and for the purpose of refunding the bonds of the Territory outstanding, the same being a part of the Territorial indebtedness assumed by the State. Be it enacted by the Legislature of the State of Utah: SECTION 1. That the Governor, Secretary of State Board of loan and Attorney General, shall constitute a State Board of Loan Commissioners, and shall exercise the powers and perform the duties provided in this act. commissioners. four per cent twenty year loan. Sec. 2. It is hereby declared to be the duty of To negotiate a the State Board of Loan Commissioners, to provide for and negotiate a loan for the State in a sum not exceeding two hundred thousand dollars, by issuing negotiable coupon bonds of this State therefor, under rules and regulations not in confiict herewith to be prescribed by said board; said bonds shall bear interest at a rate to be fixed by said board, not to exceed four per cent. per annum, interest payable semi-annually; said bonds shall be signed by the Governor and Secretary of State have the great seal of the State affixed, and shall be countersigned by the State Treasurer and registered by the State Auditor in a book to be kept by him for that purpose. Said bonds shall not run longer than twenty years and the faith and credit of the State is hereby pledged for their payment and for the payment of the interest accruing thereon. To prepare bonds. Sec. 3. The State Board of Loan Commissioners is hereby authorized to provide the necessary engraved bonds to carry out the provisions of this act, and the expense thereof and all other necessary incidental expenses incurred by said board in the preparation and negotiation of said bonds, shall be paid out of the gen of bonds, official bond. eral fund of the State, upon the order of the State Auditor, and a sum of money sufficient to cover said costs and expenses is hereby appropriated out of said general fund. Before the issuance of any such bonds Before issuance the State Treasurer shall give to the State of Utah an Treasurer to additional official bond with two or more sureties in the give additional sum of two hundred thousand dollars, which bond shall be approved by the Governor and deposited and filed with the Secretary of State, and the said Treasurer shall stand charged upon said bond and upon his official bond for the faithful performance of the duties required of him under the provisions of this act, or that may be prescribed by said State Board of Loan Commissioners. warrants for in Sec. 4. The State Auditor shall draw his warrant Drawing of on the State Treasurer for the amount of interest which terest on loan. shall fall due on the first day of January and July of each year, which said interest warrant shall be drawn at least one month previous to the maturing of the interest, and the sum of eight thousand ($8,000) dollars annually or so much thereof as may be necessary is hereby appropriated and set aside from the general fund of the State, from year to year to pay the interest upon said bonds. fund. Sec. 5. At the expiration of ten years after the Redemption issuing of said bonds, there shall be set apart and is hereby appropriated out of the general funds in the hands of the State Treasurer, annually, the sum of twenty thousand ($20,000) dollars to be drawn on the warrant of the Auditor to pay the principal of said bonds as the same shall fall due. Said amount shall be held and placed by the Treasurer in a fund to be known as the "Redemption Fund" for the redemption of said bonds. Sec. 6. It shall be the duty of said State Board of Report to Loan Commissioners to make a full report of all their Legislature. proceedings under the provisions of this act, to the State Legislature, during the first week of the next session, and biennially thereafter. standing bonds. Sec. 7. The State Board of Loan Commissioners Refunding outis hereby given power and authority, under such rules and regulations as the board may prescribe, not in conflict herewith, to refund all outstanding Territorial bonds by issuing therefor, negotiable coupon bonds like those described in section 2 of this act. The num State bonds not taxable. ber and denomination of said bonds shall be determined by said board. Sec. 8. No bonds issued under the provisions of this act shall be taxed for any purpose within this State. Sec. 9. This act shall take effect upon approval. Order of per administer. CHAPTER LXXVIII. APPOINTMENT OF ADMINISTRATORS. AN ACT to amend Sec. 4035 s. 12, of the Compiled Laws of Utah, 1888, relating to the appointment of Administrators, and to repeal all acts and parts of acts in conflict herewith. Be it enacted by the Legislature of the State of Utah: SECTION 1. That sec. 4035 s. 12, of the Compiled Laws of Utah, 1888, be and the same is hereby amended to read as follows: Sec. 4035 s 12. Administration of the estate of a sons entitled to person dying intestate, must be granted to some one or more of the persons hereinafter mentioned, the relatives of the deceased being entitled to administer only when they are entitled to succeed to his personal estate, or some portion thereof; and they are, respectively, entitled thereto in the following order: 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed. 2. The children. 3. The father or mother. 6. The next of kin entitled to share in the distribution of the estate. 7. The creditors. Any person legally competent. If the decedent was a member of a partnership at Partner not to the time of his decease, the surviving partner must in no case be appointed administrator of his estate. administer. |