tain rate per day, while actually engaged in reporting the proceedings of the court, which shall not exceed the sum of eight dollars, and for the compensation of such stenographer for transcribing into longhand or typewriting his stenographic notes of the testimony and proceedings, or a part thereof, which shall not exceed the sum of eight cents per folio for copy written out at length, or ten cents per folio, written out in narrative form; and not to exceed two cents per folio for additional copies, when furnished to the same party ordering the original, whether written out at length or in narrative form, not exceeding two such additional copies. Such contract shall further provide that the Term of said stenographer shall hold his employment at the employment. pleasure of the judge of the court appointing him, or his successor, said contract may also provide that said stenographer shall be paid not to exceed ten cents per Mileage, etc. mile for each mile actually traveled by him in performance of his part of said contract, and the amount thereof 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. Such contract may contain such other stipulations and conditions as may be agreed upon by the said judge and the said stenographer.

settled in bill of

Sec. 3. The objections and exceptions to the rul- Objections, etc. ings, decisions and opinions of the court, which shall exceptions. be written out by the stenographer and filed with the clerk, as provided in said contract, may be settled thereafter in a bill of exceptions.

report prima

statement.

Sec. 4. The report of the stenographer so em-Stenographer's ployed, when written out in longhand writing or type- facie a correct written and certified by him as being a correct transcript of the testimony and proceedings in the case, is prima facie a correct statement of such testimony and proceedings.

stenographer.

Sec. 5. Before any stenographer so employed Bond of shall enter upon the discharge of his duties under the said contract, he shall give a bond with sufficient surety, conditioned for the faithful performance of said contract, in the sum of $2,500.00, or such further sum as the judge shall fix. Said bond shall run to the judge in his official capacity, but an action thereon may be maintained by any person whose rights are affected by the failure of the stenographer to perform any condition of the said contract.

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,

give additional 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 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.

Legislature.

Sec. 6. It shall be the duty of said State Board of Report to Loan Commissioners to make a full report of all their proceedings under the provisions of this act, to the State Legislature, during the first week of the next session, and biennially thereafter.

Sec. 7. The State Board of Loan Commissioners Refunding outis hereby given power and authority, under such rules standing bonds. 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