CHAPTER XC.

SERVICE OF WRITS BY MAIL.

AN ACT to provide for the service of Venires, Subpoenas, Writs, Notices and Processes by Mail in certain cases.

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

writs by regis

SECTION 1. That it shall be the duty of each clerk Sheriff to serve of the district court, when issuing any venire for jurors tered mail. or subpoena for witnesses summoned on behalf of the State, whenever practicable, to ascertain and insert therein the postoffice address of each person named therein; and when any such venire or subpoena shall be received for service by any sheriff, if the time be sufficient for service by mail as provided in this act, he shall address to each person named in said venire or subpoena, whose postoffice address is given or can be promptly ascertained, a copy of the subpoena or a notice requiring such person to be and appear at the time and place for the purpose mentioned in the venire or subpoena. The sheriff shall sign such notice officially, and shall register and mail the same, postage and registry fee prepaid, to the person therein mentioned, at his postoffice address, with a request endorsed on the envelope in the usual form for the return of the letter to the sender, if not delivered within five days.

valid service.

The receipt of such registered letter by the person Receipt of to whom it is addressed shall be deemed valid service registered letter upon him, of the venire or subpoena and the returned registry receipt signed by such person or by any other person in his behalf, shall be taken as prima facie evidence of service, and the sheriff shall make return accordingly.

notice, personal

Whenever any such notice shall be returned On return of through the postoffice undelivered, the sheriff shall service to be make or cause to be made personal service of the venire or subpoena.

made.

not chargeable

where mail

Sec. 2. Whenever, after the return through the State or county mail of any notice or subpoena, as provided in section with costs 1 of this act, it shall be necessary to make personal service can be service of the same upon any person, or, whenever it shall be necessary to make personal service of any other writ, notice or process of any court, and the per

had.

Magistrate to

witnesses.

son upon whom service is to be made resides or is to be found at a place other than that at which the court issuing such venire, subpoena, writ, notice or other process is held, and the cost of making such service would be chargeable to the State, then, except in cases of emergency, such venire, subpoena, notice, writ or other process shall be by the officer having the same for service, sent by mail to any sheriff or deputy sheriff residing nearest the locality where such service is to be made, and such sheriff or deputy sheriff shall make return to the officer sending the same by mail; and in no case in which the State or any county is chargeable with the costs for the service of any writ, process, subpoena, venire or other notice, shall mileage be charged by or allowed to any officer for travel from the place of issue to the place of service thereof, if the same was sent or could and should have been sent by mail to a sheriff or deputy sheriff residing in the neighborhood of the place of service.

Sec. 3. Whenever any defendant is bound over forward list of or committed by a committing magistrate, such magistrate shall forward to the clerk of the district court having cognizance of the case, a list of all witnesses for the State, so far as the same can be ascertained by him, together with the postoffice address of each wit

ness.

Sec. 4. This act shall take effect upon its ap

proval.

Approved April 4, 1896.

Relief of injured militiaman.

CHAPTER XCI.

RELIEF OF PRIVATE DAVID M'DONALD.

AN ACT providing for the relief of Private David McDonald, a member of the First Battery, Light Artillery, National Guard of Utah.

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

SECTION 1. That the sum of $500 (five hundred dollars) be and the same is hereby appropriated out of the funds of the State of Utah for the relief of pri

vate David McDonald, a member of the First Battery, Light Artillery, National Guard of Utah, as compensation for injuries received while in the discharge of his duty as a member of said First Battery, pursuant to an order from the Governor and ex-officio Commander-inchief of the National Guard, and that the State Auditor be, and he is hereby directed to issue his warrant to the State Treasurer, in the said sum of $500 (five hundred dollars) in favor of the said David McDonald.

Sec. 2. This act shall take effect and be in force, from and after its passage.

Approved April 4, 1896.

CHAPTER XCII.

SERICULTURE.

AN ACT for the establishment of Sericulture in the State of Utah.

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

SECTION 1. That for the term of ten years after Bounty for the passage of this act, there shall be paid out of the cocoons. State treasury to any corporation, firm or person engaged in the production of cocoons of the silk worm, in this State, a bounty of twenty-five cents for each pound of cocoons produced in the State, under the conditions of this act.

Sec. 2. No bounty shall be paid for cocoons not same; produced by worms fed entirely upon the leaves of limitation. the mulberry tree, nor shall more than two thousand dollars be paid for bounties under the provisions of this act, in any one year.

made.

Sec. 3. All claimants shall, from time to time as Claims for the commission may prescribe, file verified statements bounty, how with said commission showing the quantity and quality of the cocoons for which bounty is claimed, the place and county where, and the conditions under which the cocoons are produced, including the species, and eggs produced, together with any other information required

Silk

commission;

term and

compensation.

by said commission to enable them to make and preserve a complete and reliable record of the progress of silk culture in the State.

Sec. 4. The Governor shall appoint a committee to be known as the Utah Silk Commission, to consist of five persons, not more than three of whom shall be qualification of of the same political party, who shall serve without Serve without compensation and who shall hold their office until their successors are appointed and qualified. The members of said commission shall, except in the case of those first appointed, hold their office for five years, and until their successors are appointed and qualified. Those first appointed shall hold office for one, two, three, four and five years respectively, and until their successors are appointed and qualified; the length of time each appointee shall serve to be stated by the Governor at the time of the appointment of said commission. Each member of said commission shall give a bond, running to the State, with sureties to be approved by the Secretary of State, in the sum of one thousand dollars conditioned for the faithful performance of the duties of ne office. The Governor shall have power to fill any vacancy that may occur in said commission.

Bond.

Duties of commission.

be published.

It shall be the duty of said commission, or its duly appointed representatives, to examine all cocoons for which bounty is claimed, and after such examination to render a statement under oath, to the Secretary of State, showing the quantity, grade and quality of the cocoons upon which bounty shall be paid and the name of the person, firm or corporation entitled thereto.

Sec. 5. It shall also be the duty of said commisInstructions to sion to cause to be published, in book or pamphlet form, explicit instructions in all the practical branches of sericulture, for free distribution to the people of the State; also to provide instruction in reeling in each county raising one hundreds pounds of cocoons; to provide reliable eggs; and in every way encourage those engaged in this industry, and provide the best possible market for reeled silk and cocoons, until it can be consumed by manufacturers in our own State.

It shall also be the duty of this commission to renAnnual report. der an annual report to the Secretary of State.

Limit of expenses.

Sec. 6. For the purposes mentioned in sections 4 and 5 of this act, the said commission may use such sum as they may deem requisite, and not to exceed the sum of one thousand dollars in any one year.

Sec. 7. The sum of three thousand dollars per Appropriation. year, out of any moneys now in, or which may hereafter come into the treasury, excluding all school moneys, or so much thereof as may be necessary to carry out the provisions of this act, is hereby anoronriated for the purpose of this act. The Auditor shall draw his warrant upon the Treasurer in favor of the person or persons entitled, upon the certificate, showing a compliance with the provisions of this act.

Sec. 8. Any person who shall knowingly swear False swearing. falsely to any matter or statement required in any section of this act, shall be guilty of perjury.

others may be

The Secretary of State in his discretion may, at Adavits of any time, require the statements of claimants to be required. supported by the affidavits of other persons having a knowledge of the facts.

Sec. 9. This act shall take effect upon its approval.

Approved April 4, 1896.

CHAPTER XCIII.

PLACE OF TRIAL.

AN ACT to Amend Title IV of the Code of Civil Procedure of the Compiled Laws of Utah, 1888, relating to the Place of Trial of Civil Actions by adding a new section to be known as Section 3195 (a).

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

Sec. 1. That Title IV, of the code of civil procedure of the Compiled Laws of Utah, 1888, be and the same is hereby amended by adding a new section to be known as section 3195 (a).

civil action on

Sec. 3195 (a). When the defendant has contracted Place of trial in in writing to perform an obligation in a particular contract. county of the State and resides in another county, an action on such contract obligation may be commenced and tried in the county where such obligation is to be performed or in which the defendant resides. If no place of performance is named in a contract the place where such contract is made shall be deemed to be the place where it is to be performed.

Approved April 4, 1896.