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tered, owned by him at the rendition of the judgment,
or by him thereafter acquired during the existence of
said lien in his own right. The lien shall continue for
five years, unless the judgment is previously satisfied,
or unless the enforcement of the judgment be stayed
on appeal, by the execution of a sufficient undertaking
as provided in this code, in which case the lien of the
judgment ceases.

Sec. 2. This act shall take effect upon approval.
Approved February 18, 1896.

CHAPTER XXII.

CERTIFICATION OF BONDS AND WARRANTS.

AN ACT authorizing and requiring certain Public Officers to certify Bonds,
Warrants and Certificates of Indebtedness of Counties, Cities and School
Districts, and prescribing Penalties for neglecting same and for false and
fraudulent Certificates.

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

debt limit.

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.

neglect to cer

Sec. 2. Any person mentioned in the foregoing Penalty for section who shall neglect to endorse any certificate re-tify warrants. 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.

Prosecution by

indictment.

CHAPTER XXIII.

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.

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 information, 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.

tion must

recite.

Sec. 2. The information must recite the fact of What informa- 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:

When informa

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.

aside.

Form.

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:

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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 commit-
ting magistrate of this county, to answer to this charge,
did on the--- day of
at the county of- -,in
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
-State of Utah."

county of

Sec. 4. All acts or parts of acts in conflict herewith are hereby repealed.

Sec. 5. This act shall take effect upon approval.
Approved February 21, 1896.

CHAPTER XXIV.

FELLOW-SERVANTS DEFINED.

AN ACT to Define who are and who are not Fellow-Servants.

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

fellow-servants.

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 who are fellowservice of such employer, and who, while so engaged, servants.

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.

Institution for

made a body

corporate.

CHAPTER XXV.

UTAH STATE SCHOOL FOR THE DEAF AND DUMB.

AN ACT incorporating the Utah State School for the Deaf and Dumb, providing for its location and government and making an appropriation for its support and maintenance.

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

school.

body, under thirty years of age, capable of receiving beneficial instruction, and incapacitated on account of deafness or inability to speak, for instruction in the common schools, and to instruct them in agriculture and such mechanical trades and arts as will tend to enable them to become self-supporting and useful citizens. Residents of the State shall be entitled to the benefits of the school free of expense. Pupils from other states may also be received and instructed on such terms as the governing board may prescribe.

vested in board

Sec. 3. The government and control of the school Government and the management of its property and affairs, is of five trustees vested in a board of five trustees who shall be appointed by the Governor by and with the advice and consent of the Senate. The first board shall be appointed on or before the first day of March, 1896, and hold office from the time of appointment and qualifica- Appointment. tion as follows: Two until the first day of February, 1897, two until the first day of February, 1899, and one until the first day of February, 1901. Each shall hold until his successor is appointed and qualified. After 1897, the vacancies occurring shall be filled by appointment bi-ennially, and the term of office shall be six years from the first day of February next, ensuing, and until successors are appointed and qualified. The board shall meet at the school in March, June, September and December of each year on such a day as the board may select, and at other times as often as may be necessary for the proper performance of their duties. A vacancy in the office of a member of the board occurs Vacancy. by his permanent removal from the State, by his incapacity to act, or the acceptance of his resignation by the Governor, and the Governor may fill the vacancy by appointment for the remainder of the term and until a successor is appointed and qualified. Each member of the board, before entering upon the duties of his office, shall take an official oath and execute a bond to the State, with sureties to be approved by the Secretary of State, in the sum of three thousand dollars, conditioned for the faithful discharge of his duties, and the oath and bond shall be filed in the office of said Secretary. No member of the board shall be directly or indirectly interested in any contract, business or transaction involving any pecuniary compensation or benefit, made by or in behalf of the school, or receive any compensation for his services as a member, but may be

No compensation.

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