SEC. 30. That Subdivision 6 of Section 257 of said act is hereby repealed; and that Subdivision 7 of said section be amended so as to read as follows: 6. The judge may then charge the jury, and must do so on any points pertinent to the issue if requested by either party; and he may state the testimony and declare the law; and in each case he shall inform the jury that they are the sole judges of the credibility of the witnesses, of the weight of the evidence, and of the facts. If the charge be not given in writing, it must be taken down by the phonographic reporter. SEC. 31. That Section 283 of said act be amended so as to read as follows: SEC. 283. On a trial for any other offense than libel, questions of law are to be decided by the court, questions of fact by the jury; and, although the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court. Exceptions, SEC. 32. That Subdivision 2 of Section 309 of said act be amended so as to read as follows: 2. In admitting in what case or rejecting testimony on the trial of a challenge to a juror for actual bias. SEC. 33. That Section 310 of said act be amended so as to read as follows: SEC. 310. When the party desires to have the exceptions, taken at the trial settled in a bill of exceptions, the draft of the bill must be prepared by him and presented, upon notice of at least ten days to the prosecuting attorney, to the judge for settlement, within fifteen days after judgment has been rendered against him, unless further time is granted by the judge, or by a justice of the supreme court, or within that period the draft must be delivered to the clerk of the court for the judge. When received by the clerk he must deliver it to the judge, or transmit it to him at the earliest period practicable. When settled, the bill must be signed by the judge, and filed with the clerk of the court. may be taken. Exceptions, when to be set tled, signed and filed. Bill of excep tain, what. SEC. 34. That Section 314 of said act be amended so as to read as follows: SEC. 314. A bill of exceptions tions must conmust contain so much of the evidence only as is necessary to present the questions of law upon which the exceptions were taken; and the judge must upon the settlement of the bill, whether agreed to by the parties or not, strike out all other matters contained therein. SEC. 35. That Section 317 of said act be amended so Effect of new as to read as follows: SEC. 317. The granting of a new. trial. Appeals in criminal cases, when to be heard and determined. Defendant, when witness. trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to either in evidence or in argument, or be pleaded in the bar of any conviction which might have been had under the indictment. SEC. 36. That Section 372 of said act be amended so as to read as follows: SEC. 372. All appeals in criminal cases must be heard and determined at the first term of the appellate court after the record is filed, unless continued on motion or with the consent of the defendant. SEC. 37. That Section 422 of said act be amended not a competent so as to read as follows: SEC. 422. A defendant in a criminal action or proceeding cannot be compelled to be a witness against himself; but if he offer himself as a witness, he may be cross-examined by the counsel for the people the same as any other witness. His neglect or reFailure to testify fusal to be a witness cannot in any manner prejudice him, nor be used against him on the trial or proceeding. raises no pre Sumptions against him. Application for new trial, how made. Error and mistakes, when not material. SEC. 38. That Section 429 of said act be amended by striking out Subdivisions 1, 2, 3, and 4. SEC. 39. That Section 431 of said act be amended so as to read as follows: SEC. 431. The application must be made upon affidavit, stating 1. The nature of the offense charged; 2. The state of the proceedings in the action; 3. The name and residence of the witness, and that his testimony is material to the defense of the action; 4. That the witness is about to leave the Territory, or is so sick or infirm as to afford reasonable grounds for apprehending that he will not be able to attend the trial. SEC. 40. That Section 479 of said act be amended so as to read as follows: SEC. 479. Neither a departure from the form or mode prescribed by this act in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right. Approved March 13, 1884. CHAPTER XLIX. OF IRRIGATION COMPANIES. AN ACT Compiling the Laws relating to the Incorporation of Irrigation Companies. Organization of districts. SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That upon the majority of the citizens of any county or part thereof, rep- irrigation resenting to the county court that more water is necessary, and that there are streams or parts of streams unclaimed or unused, which, if brought out of their natural channels and thrown upon tracts of land under cultivation, or to be put under cultivation, can be of value to the interests of agriculture, the county court having jurisdiction may proceed to organize the county, or part thereof, into an irrigation district; and thereafter the landholders of such district shall be equally entitled to the use of the water in, or to be brought into such district, according to their acknowledged rights; Provided, Such landholders pay their proportion of the expense incurred in the construction and keeping in repair of the necessary canals, flumes, dams or ditches. company; num decide how tax SEC. 2. The citizens of an irrigation district, when Citizens of dis so organized for the purposes provided in the preceding trict may form section, may, in mass meeting, proceed to the formation of ber of trustees; a company, by electing, viva voce, not less than three nor levied. more than thirteen trustees, a secretary and a treasurer. Notice of the time, place and object of said mass meeting shall be given by the clerk of the county court, at least ten days previous, by advertising three times in some newspaper having general circulation in the county, and by posting up notices in three public places in the district. SEC. 3. It shall be the duty of the trustees so elected to locate the proposed canal or ditch, determine the amount and quality of the land to be benefited thereby, to estimate the cost, including dams, flumes, locks, waste weirs and all the appurtenances belonging thereto, the amount per acre of the percentage on taxable property which will be necessary to construct the same. Trustees to lo cate canal, etc., and report to county court. Duty of after public no tice to hold an election; ques SEC. 4. It shall then be the duty of the trustees to make a report to the county court of the location and estimate provided for in Section 3 of this act; also to call a tion to be sub- meeting of the holders of the lands to be benefited by the proposed canal or ditch, at which a copy of said report shall be presented, and the said landholders shall vote "Yes" or "No" upon the following questions: mitted. vote. 1. Do you mutually agree to pay per acre land tax to construct the proposed canal or ditch? 2. Do you approve the action of the mass meeting in the election of officers? Notice shall be given by the trustees at least ten days previous to the time appointed for such meeting, by advertising at least three times in some newspaper having general circulation in the county, and by posting up notices in three public places in the district. Said advertisement and notice shall state distinctly the time and place and object of such meeting, and be signed by a majority of the trustees and the secretary. The voting at said meeting shall be by ballot, and the chairman and secretary of said meeting shall be the judge and clerk of the election. A ballot box shall be provided by the trustees, and each voter shall present his ballot to the judge of election, who shall deposit it in the box, and the clerk shall write the name of the voter in a poll list or book which shall also be provided by the trustees. Νο person shall be entitled to vote at said meeting or election unless he is a landholder in Who entitled to the district. Immediately after the close of the election, the ballots shall be openly counted by the judge and clerk, assisted by two persons chosen by the voters present. A certificate of the results of the election, signed by the persons who counted the votes, shall be forwarded at once to the clerk of the county court by the judge of said election. SEC. 5. If upon counting the votes it shall appear that two-thirds of the votes polled have been answered in the affirmative, then the tax so agreed upon shall be a law in the said irrigation district; and the tax when collected shall be paid over to the treasurer of said company on his order; Provided,That not exceeding one-half of the tax so agreed upon shall be collected at one time, and the residue to be collected as the work progresses; Provided further, That if the first estimate prove insufficient for the construction of the canal or ditch with its appurtenances, then additional taxes may be assessed in the same manner as hereinbefore provided until the said canal or ditch is completed. When two thirds vote for tax it becomes a law. Proviso. Additional proviso. When proceed SEC. 6. If less than two-thirds of the votes polled ings are null and are answered in the affirmative, then all proceedings un- void. der this act shall be null and of no effect; Provided, That Proviso. if there are objections to the officers so elected by the mass meeting, the electors may write other names on their tickets; the persons having the most votes to be declared elected, and it shall be the duty of the county clerk to notify such officers forthwith of their election. SEC. 7. Within twenty days after receiving such Bonds to be notice the officers so elected shall file bonds in the office of given and filed. the clerk of the county court, conditioned for the faithful performance of their several duties; the amount of such bonds to be declared by the county court having jurisdiction. SEC. 8. The term of office of the first trustees, secretary Term of office. and treasurer shall be till the next general election; and thereafter for two years, and until their successors are elected and file bonds. Elections to be SEC. 9. All subsequent elections for determining the rate of tax, shall be held annually on the first Monday in held annually. December, and for the election of company officers, biennially, on the same day, at such time and place within the district as shall be designated by the trustees, at which time the number of trustees may be changed by a twothirds vote to not less than three nor more than thirteen. Notice of said election shall be given and the election conducted and certificates thereof returned, as provided in Section 4 of this act, and the officers elected shall give bonds as provided in Section 7 of this act. The rate of tax determined at said election by a majority vote shall be a law in said irrigation district, and shall constitute a permanent lien on the interest of the taxpayer in said canal or ditch and his right to the use of the water therein flowing, from the day of assessment; Provided, That no tax created or payable by this act shall be or create a lien upon the land. elect one of their dent and to fill board. SEC. 10. The trustees at their first meeting shall elect one of their number president, and it shall be their Trustees to duty and they shall have power to fill any vacancy which number presimay occur in the board by death, change of residence, or vacancies in otherwise; and the persons chosen for this hold office until the next annual election. shall also have power to meet at such times they may deem expedient to make by-laws, rules and regulations necessary to carry into effect the objects of the people; to appoint agents, subordinates and officers, and employ purpose, shall tions; may ap officers, etc |