CHAPTER XII. AGE OF CONSENT. AN ACT to punish as a Felony the carnal and unlawful knowing of any Female over the age of Thirteen years, and under the age of Eighteen years. Be it enacted by the Legislature of the State of Utah: edge of certain SECTION 1. That any person who shall carnally, Carnal knowland unlawfully know any female over the age of thir- females a teen years, and under the age of eighteen years, shall felony. be guilty of a felony. Approved February 13, 1896. CHAPTER XIII. SCHOOL DISTRICTS LEVYING TAX FOR 1895. AN ACT for the relief of School Districts that failed to levy a Special School Be it enacted by the Legislature of the State of Utah: SECTION 1. That all school districts that failed to Extending time levy a special school tax during the year ending De-school tax. cember 31st, 1895, for the purpose of building or for other school purposes, may levy such tax for the year 1895 in the manner provided by law, if levied before the 30th day of April, 1896, and such tax shall be assessed and collected at the same time and in the same manner as if it had been levied in the year 1895. Sec. 2. This act shall take effect upon approval. designated. CHAPTER XIV. LEGAL HOLIDAYS. AN ACT to amend Section 2122 s.1. of the Compiled Laws of Utah, 1888, relat- Be it enacted by the Legislature of the State of Utah: Sec. 2122. s.1. The following named days are Legal holidays hereby designated and declared to be legal holidays in the State of Utah, to-wit: The first day of January: the twenty-second day of February; the fifteenth day of April, commonly known as Arbor day; the thirtieth day of May, commonly called Decoration day; the fourth day of July; the twenty-fourth day of July, commonly called Pioneer's day; the first Monday in September, known as Labor day; the twenty-fifth day of December, commonly called Christmas; and all days which may be set apart by the President of the United States, or the Governor of the State of Utah, by proclamation, as days of fast or thanksgiving; Provided, that when any of said days shall fall on Sunday, the following Monday shall be the holiday. Sec. 2. This act shall take effect upon approval. Seals for district court clerks. CHAPTER XV. SEALS FOR DISTRICT COURTS AND COUNTY CLERKS. AN ACT to provide Seals for Clerks of the District Courts and County Clerks in the several counties of this State. Be it enacted by the Legislature of the State of Utah: SECTION 1. The county court of each county in this State shall, within sixty days after the of passage this act, provide a seal for the clerk of the district court of its county, the impression of which shall contain the following words: "District Court, State of Utah," together with name of the county in which the same is to be used. clerks. Sec. 2. The county court of each county in this Seals for county State shall, within sixty days after the passage of this act, provide a seal for the county clerk of its county, the impression of which shall contain the following words: "State of Utah, County Clerk," together with the name of county in which the same is to be used. Sec. 3. This act shall be in force from and after its approval. Approved February 17, 1896. CHAPTER XVI. FEES OF PUBLIC OFFICERS. AN ACT to regulate the Fees to be charged by all State, District, County, City, Town and School Officers, for services rendered in an official capacity, and to designate the treasuries into which and the time when the same shall be paid. Be it enacted by the Legislature of the State of Utah: be collected and spective treas SECTION 1. That all State, district, county, city, Officers' fees to town and school officers in the State, excepting nota- paid into reries public, boards of arbitration, court commissioners, uries. justices of the peace and constables, shall collect in advance for services performed, such fees as were provided by the laws of the Territory of Utah, for like or similar services at the time the Constitution of this State was adopted, and pay such fees into the public treasuries as follows: All fees collected by said State officers and clerks of district courts in criminal and civil cases, except probate fees, shall be paid into the State treasury; all fees collected by the clerks of the district courts in the administration of estates of decedents and minors, and all fees collected by county officers shall be paid into the treasuries of the respective counties; all fees collected by the officers of cities, towns and school districts shall be paid into the treas uries of the respective cities, towns and school dis- Sec. 2. This act shall take effect upon approval. CHAPTER XVII. OF THE PLACE OF TRIAL. actions. AN ACT amending Sections 3193 to 3201 inclusive of the Compiled Laws of Utah, 1888, relating to the place of trial of civil causes in the District Courts, and the transfer of the same. Be it enacted by the Legislature of the State of Utah: SECTION 1. That sections 3193 to 3201 inclusive of the Compiled Laws of Utah, 1888, are hereby amended so as to read as follows, to-wit: Sec. 3193. Actions for the following causes must Place of trial of be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as provided in this code: Same. 1. For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2. For the partition of real property; 3. For the foreclosure of all liens and mortgages on real property. Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action. Sec. 3194. be tried in the Actions for the following causes shall county where the cause, or some part 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 offense 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. outside of Sec. 3197. If the county in which the action is Actions begun 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. place of trial. Sec. 3198. The court may, on motion, change the Changes in 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; |