certified by the secretary thereof, shall be prima facie evidence of the fact therein stated. Certificates signed by the secretary and under the seal of the corporation shall be prima facie evidence of the contents thereof. etc., unless by SEC. 20. Any person who is the holder of full paid No person liable up capital stock, shall not be liable for any assessments or for assessment, for any indebtedness of the corporation otherwise than by sale of stock. sale of his or her stock, as herein provided, unless distinctly provided for in the articles of incorporation, which articles, or incorporation, shall not be changed in this respect without the consent of all the stockholders in writing. clause. SEC. 21. The following acts of the Governor and Repealing Legislative Assembly of the Territory of Utah are hereby repealed: An act entitled "An Act to Provide for the Organization of Telegraph Companies," approved January 14, 1864. An act entitled "An Act for the Regulation of the Telegraph, and to secure secresy and fidelity in the transmission of Telegraphic Messages," approved January 16, 1863. An act entitled "An Act providing for the Incorporation of Railroad Companies and the management of the affairs thereof," approved February 12, 1869. An act entitled "An Act to amend 'An Act providing for the Incorporation of Railroad Companies and the management of the affairs thereof,' approved February 12, 1869,'" approved February 16, 1876. An act entitled "An Act providing for Incorporating Associations for Mining, Manufacturing, Commercial, and other Industrial Pursuits," approved February 18, 1870. An act entitled "An Act supplemental to "An Act providing for Incorporating Associations for Mining, Manufacturing, Commercial, and other Industrial Pursuits,' approved February 18, 1870," approved February 22, 1878. An act entitled "An Act empowering Railroad Corporations to Deed and Mortgage their Franchises and property, and Confirming such Conveyances heretofore made, and for other purposes," approved February 6, 1880. An act entitled "An Act amendatory of and supplemental to Chapter IV., Title II., Compiled Laws of Utah," approved February 19, 1880. An act entitled "An Act authorizing the Consolidation of Railroad Companies, and the Leasing of Railroads," approved March 4, 1882. An act entitled "An Act amending Section 534 of the Compiled Laws of Utah," approved March 9, 1882. Saving and excepting all rights, actions, and rights of action which shall have CHAPTER XLVI. OF INSURANCE COMPANIES. Unlawful to do paid up capital of $100,000 AN ACT relating to Fire Insurance Companies. SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That it shall be business without unlawful for any fire insurance company, association, corporation or partnership incorporated by or under or organized pursuant to the laws of any foreign government, any State or Territory of the United States, or any person or persons, directly or indirectly to take any risks or transact any business of fire insurance in this Territory, unless possessed of an actual paid up capital of not less than one hundred thousand dollars. Unlawful for agent of any company to without certifi Statement bust be filed in secretary's office. SEC. 2. It shall be unlawful for any agent of any fire insurance company to transact the business of fire intransact business surance within this Territory, unless the insurance company cate of authority. shall have first obtained a certificate of an authority from Set the Secretary of the Territory, which certificate shall be issued to said agent upon his filing with 'said secretary, a statement, sworn to by an officer or manager of said company, showing: First-The name and locality of the company; Second--The amount of capital stock; Third -The capital paid up; Fourth-The amount of its assets and liabilities; Fifth-Net surplus over all liabilities; Sixth-The name of its attorney or agent for the Territory, upon whom service or process in any civil action, against said company, may be made; Seventh-Receipts and expenditures during the year. be renewed an lished in some SEC. 3. The statement referred to in Section 2 shall Statement must be renewed annually, in the month of April of each year, nually and puband shall be published by each company, on or before the newspaper. 30th day of April of each year, at least four times in some newspaper published in this Territory and having general circulation therein. The first statement may be made at any time. in other com. SEC. 4. It shall be lawful for the agent of a com- Agent may pany or companies which have complied with the provisions solicit insurance of this act, to procure insurance through such companies, panies, when. their officers or agents, from other insurance companies having a paid up capital of not less than one hundred thousand dollars. SEC. 5. The Secretary of the Territory shall be en- Fees of secretitled to the following fees herein: For filing statements tary. mentioned in Section 2, three dollars; for issuing certificate of authority, two dollars; for issuing each subsequent certificate of authority to other agents of the same company, one dollar. Companies may laws of Terri tory. SEC. 6. It shall be lawful for any number of persons to associate themselves together for the establishment be formed under of a fire insurance company in this Territory, and they shall be deemed a body corporate authorized under the laws of the Territory to transact fire insurance business, on complying with the provisions of Chapter IV., Title XI., of the Compiled Laws of this Territory, relating to corporations for general purposes; and all acts amendatory thereof or supplementary thereto; Provided, That it shall not be lawful for any such company to transact a fire insurance business in this Tereitory unless it shall have a paid up capital of not less than one hundred thousand dollars, and shall have complied with the provisions of this act. Proviso. SEC. 7. It shall be lawful for any fire insurance How companies company incorporated under the laws of this Territory to may invest capiinvest its capital and funds accumulated in the course of its tal and funds. business, or any part thereof, in bonds of the United States; in real estate within the Territory; in mortgages on real estate within the Territory; in bonds of any school district or incorporated city of the Territory, authorized by the Legislature to be issued; in stocks or bonds of any solvent dividend-paying institutions other than mining corporations, incorporated under the laws of the Territory; to change and re-invest the same as occasion may from time to time require; and to lend the same, or any part thereof, on the security of such above named Proviso, Auditor of public accounts must examine securities and issue certificates. filed in secretary's office. property; Provided, always, That the current market value of such property shall be at the time of investment at least fifty per cent. more than the sum loaned thereon. SEC. 8. It shall be the duty of the auditor of public accounts to examine the securities and investments of every fire insurance company organized under the laws of this Certificate to be Territory, and to approve the same, and to issue to each company, so incorporating, a certificate approving its securities, which certificate shall be filed with the Secretary of the Territory. No fire insurance company shall have authority to commence business until its securities shall have been approved by the auditor and the certificate of approval is filed in the Secretary's office. The auditor shall be entitled to receive and collect from each company for each day or fraction thereof occupied in examining said securities, the sum of ten dollars. Penalty SEC. 9. Any person violating any of the provisions of this act shall be guilty of a misdemeanor. Approved March 13, 1884. CHAPTER XLVII. OF PAYSON CITY. AN ACT amending "An Act to Incorporate the City of SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the city council of Payson City shall have power and is hereby authorized by ordinance and enforcement thereof within their prescribed boundaries to regulate, restrain or prohibit the running at large of cattle, horses, mules, sheep, swine, goats, and all kinds of poultry; and when so running at large to distrain, impound and sell the same for the penalty and costs incurred therein, and impose penalties by fine upon the owners of the same for violation of such ordinance; Provided, That the proceeds of such sales shall be paid into the treasury of Utah County, less the amount of costs and expenses incurred in distraining, impounding and selling the same, to be used as provided for in Section 408 of the Compiled Laws of Utah; Provided further, That such cost and expenses shall not exceed those provided for in Section 413 of the Compiled Laws of Utah for similar services. SEC. 2. To direct and control the location of railroad tracks within the city, and to regulate the rate of speed at which the engines and trains may run within the inhabited portions of said city. SEC. 3. To regulate and control the locations of gas works, electric lights, telegraph and telephone lines, canals or water courses and all improvements of a similar nature. SEC. 4. To erect a jail or other buildings for the safe keeping of prisoners, and adopt rules and regulations for the management of the same. Approved March 13, 1884. CHAPTER XLVIII. OF CRIMINAL CASES. AN ACT amending an Act regulating the Mode of Procedure in Criminal Cases, approved February 22, 1878. No person to be upon a verdict or judgment. SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 10 of "An Act regulating the mode of procedure in criminal cases, approved February 22, 1878," be amended so as to read as follows: SEC. 10. No person can be convicted convicted but of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon judgment against him upon a demurrer in the case mentioned in Section 199, or upon a judgment of a court, a jury having been waived in a criminal action not amounting to felony. SEC. 2. That Section 71 of said act be amended so |