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Sec. 2. Where an injury has been committed by same.

two or more dogs acting in concert, owned or kept by different persons, all such persons may be joined as defendants in the same action to recover damages therefor, and the amount found by the court or jury for such injury, shall be apportioned among the several defendants found liable, and judgment entered severally against them for the amount as apportioned.

Approved March 14, 1896.

CHAPTER LII.

GRAND AND PETIT JURORS.
AN ACT to provide for drawing and summoning Grand and Petit Jurors.

Be it enacted by the Legislature of the State of Utah: SECTION 1. It shall be the duty of the clerk and county assessor of each county of this State, as soon as this act shall become a law, and in the month of January of each year thereafter, to prepare a written list of as many names as the district judge or judges may direct, from which the grand and petit jurors shall be drawn to serve in the district court of such county until a new list shall thereafter be made. Said clerk and county assessor shall alternately select from the list of tax payers of such county, the name of a male citizen of the United States, who has been a resident of the county for a period of six months next preceding, and who can read and write in the English language, and as selected, the name and residence of each shall be entered upon the list until the same shall contain the number of names ordered by the district judge or judges, when the same shall be duly certified by such clerk and county assessor, and shall be filed in the office of the clerk of the district court and a duplicate copy shall be made and certified by such officers and filed in the office of the sheriff.

Sec. 2. Whenever a grand or petit jury is to be jury, how

drawn to serve at any term of the district court, the

Jury list, how Same.

When county commissioner to act.

judge shall hold an open session of his court and shall
preside at the drawing of such jury, and the clerk of
such court shall write the name of each person on the
said jury list, upon a separate slip of paper as nearly as
practicable, of the same size and form, and all such
slips shall by the clerk, in open court, be placed in a
covered box and be thoroughly mixed and mingled, and
thereupon the sheriff, or his deputy, shall proceed to
fairly draw by lot from said box, such number of names
as may be "ordered by said judge, and if both a grand
and petit jury are drawn, the grand jury shall be drawn
first, and when the drawing shall have been concluded,
the clerk of the court shall issue a venire to the sheriff
or his deputy, directing him to summon the persons so
drawn. The names of the jurors so drawn from the
box shall not be returned to or again placed into said
box until the balance of the names and slips therein
shall have been exhausted; Provided, That if during
the year all of the names on said jury list shall have
been drawn, then all of the names on said list shall be
again placed in said box, and the names again be drawn
therefrom by lot for subsequent panels.
Sec. 3. If during any term of the district court
any additional grand or petit jurors shall be necessary,
the same shall, upon order of the judge, be drawn from
said box by the sheriff or his deputy in open court, and
if all names are exhausted at any term, the judge may
order an open venire for such number of jurors as he
may deem necessary, who shall be summoned to serve.
Sec. 4. If in any county the county assessor or
county clerk is also the county prosecuting attorney,
the duties herein imposed upon such assessor or clerk.
shall be performed by one of the county commission-
ers, to be appointed for that purpose by the judge of
the district court. If in any county the offices of
county assessor and county clerk are held by the same
person, the duties herein imposed upon the county as:
sessor shall be performed by one of the county com-
missioners, to be appointed for that purpose by the
judge of the district court.
Sec. 5. This act shall take effect upon approval.
Approved March 14, 1896.

CHAPTER LIII.

THE STATE TREASURER.

AN ACT defining the duties and powers of the State Treasurer and fixing his bond.

Be it enacted by the Legislature of the State of O'ah:

SECTION 1. It is the duty of the State Treasurer: 1. To receive and keep all moneys belonging to the State, and not required to be received and kept by some other person. 2. To file and keep the certificates of the State Auditor, delivered to him when moneys are paid into the treasury. 3. To deliver to each person paying money into the treasury and to the State Auditor a duplicate receipt showing the amount, the sources from which the money accrued, the fund into which it is paid, which receipts must be numbered in order, beginning with number one at the commencement of each fiscal year. 4. To pay warrants drawn by the State Auditor out of the funds upon and in the order in which they are presented. 5. Upon payment of any warrant, to take upon the back thereof the receipt of the person to whom it is paid, to cancel it with a proper stamp, and file and preserve the same. 6. To keep an account of all moneys received and disbursed. 7. To keep separate accounts of the different funds. 8. To report to the State Auditor on the last day of each month the amount disbursed for the redemption of bonds and in payment of warrants during the month; which report must show the date and number of such bonds and warrants, the funds out of which they were paid, and the balance of cash on hand in the treasury to the credit of each fund. 8. On the first day of January preceding the biennial session of the Legislature, to report to the Governor the exact balance in the treasury to the credit of the State, with a summary of the receipts and payments of the treasury during the two preceding fiscal years;

Duties of State
Treasurer.

and to make a semi-annual report to the Governor of all moneys received severally from all sources, and of all moneys disbursed. 10. At the request of either house of the Legislature, or of any committee thereof, to give information in writing as to the condition of the treasury, or upon any subject relating to the duties of his office. 11. To authenticate with his official seal all writings and papers issued from his office. 12. To discharge the duties of a member of all official boards of which he is or may be made a member by the Constitution or laws of the State. Sec. 2. The general fund consists of moneys regeneral fund ceived into the treasury and not specially appropriated defined. to any other fund. Sec. 3. It is the duty of the State Treasurer to To keep a book in which he must enter all warrants preor , sented for payment, giving the names of the owners, "*" and the number and amounts of the warrants, and they must be paid in the order in which they are presented, and thereafter all such warrants so presented shall be paid, or the money held in reserve therefor, by the said treasurer, in the order of their presentation and registry, and not otherwise. Whenever any such warrant is presented and there is no money in the treasury applicable thereto, the treasurer shall endorse on the warrant, “Not paid for want of funds,” with the date, noting the time of such presentation for payment in the book kept for that purpose. Sec. 4. The State Treasurer must, quarterly, post List of warrants upon the door of his office a list of all warrants that ... " he may have funds in the treasury to redeem or pay, the payment of which has not been demanded during the last quarter. Sec. 5. The Treasurer must keep his books open Examination at all times for the inspection of the Governor, State of books. Examiner, Board of Examiners, members of the Legislature, and any committee appointed to examine them by either house thereof. Sec. 6. The State Treasurer shall have full access Treasurer has to all offices of the State for inspection of such books, access to books. - - papers, and accounts thereof, as concern his duties. Sec. 7. The State Treasurer must keep a separate to keep separ- account of each fund in his hands and must at the end **" of each fiscal year report to the Governor in writing. under oath, the amount of all moneys in his hands to the credit of every such fund, and the number and amount of every warrant paid or redeemed by him during the year. The Governor must verify said report and cause the same to be immediately published in at least one newspaper printed at the seat of government.

Sec. 8. The State Treasurer must execute an offi- Bond. cial bond in the sum of three hundred and fifty thousand dollars.

Sec. 9. The State Board Of Examiners, if, upon suspension of examination, they find that the books of the State “” Treasurer do not correspond with the amount of funds on hand, or do not show the actual condition of the funds, or if it appear to said board that any moneys belonging to the State have been embezzled, diverted, or in any manner taken from the treasury, without authority of law, or that the State Treasurer has been guilty of negligence in keeping his books, or of taking care of the public moneys, must certify the fact to the Governor, who, upon receipt of such certificate, must forthwith take possession of all books, moneys, papers and other property belonging to the State, which have come into the possession of such State Treasurer, by virtue of his office or otherwise, and must temporarily suspend him from his office as State Treasurer.

Sec. 10. The State Board of Examiners must Expert exami. thereupon procure the services of an expert to examine "*** the books, papers, and all matters connected with the office of the State Treasurer so suspended, and if it appears to said board on such examination that such State Treasurer has embezzled or converted to his own use the public moneys, or has been negligent in keeping his books, or in taking care of the public moneys, the Governor, on the certificate of said board of that fact, must appoint another person to fill the place of such suspended State Treasurer, and such person so Appointment of appointed must execute an official bond, and enter upon" the office of State Treasurer, as provided by law. The Governor must report all his acts done under this and the next preceding section, to the next succeeding Legislature, and the State Treasurer so appointed, holds his office until the suspended State Treasurer is restored, or his successor is elected and qualified.

Sec. 11. This act shall take effect upon approval.

Approved March 16, 1896.

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