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Collec.or must

fore January

right of action

quent taxpayer.

of Chapter XXI. of the Laws of Utah of 1880, be and the same is hereby repealed and the following substituted in lieu thereof, to-wit: On or before the thirty-first day of January in each year the collector of each county shall settle with the clerk of the county court and make full settle on or be "payment into the county treasury of all taxes due. If any 31st, annually. tax remain unpaid to the collector on the said thirty-first If any tax reday of January, he shall have in his own right a right of main unpaid has action against each delinquent taxpayer as on an express against desincontract for the direct payment of money, and no taxable property of such delinquent shall be exempt from execution and sale on a judgment in such cases. It shall be the duty of the auditor of public accounts to keep an account with the Territorial treasurer, charging him with the amount and kind of funds paid to him, and crediting him with the warrants redeemed by him. The auditor of pub- Auditor of public accounts shall also keep an account with the county col- keep account lector of each county, charging him with the amount of Territorial and school taxes assessed each year in his county, lectors. less his compensation for assessing and collecting the same, and credit him with the amount of the apportionment of school taxes for his county, and with the amount paid into the Territorial treasury.

SEC. 2. The assessor and collector, or the assessor in counties where that office is separate and distinct from the office of collector, may by seizure and sale of any personal property owned by the person against whom the tax is assessed, at the time of making the assessment or at any time subsequent thereto, collect the taxes assessed on all personal property, when the person against whom such taxes are assessed has not sufficient real estate upon which such taxes are a lien to secure the unless such person give the assessor security to pay the same when due.

same,

SEC. 3. The provisions of Section 1 of this act shall take effect on and after May thirty-first, 1884, and of Section 2 from and after its approval.

Approved March 13, 1884.

lic accounts to

with Territorial treasurer and

County col

When assessor

and collector

may collect taxes at time of

assessment, or sequent thereto.

at any time sub..

CHAPTER LII.

CHANGE OF NAMES.

AN ACT changing the names of Hans Olsen, Lous Strusberg, Alexander Hedquist, Olof Andehlin, Christen Anderson, and John Conrad Naile.

Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the name of Hans Olsen of Richfield, Sevier County, be and the same is hereby changed to Hans O. Hansen. That the name of Lous Strusberg of Tooele County be and the same is hereby changed to Louis Strasburg. That the name of Alexander Hedquist of Utah County be and the same is hereby changed to Alexander S. Anderson. That the name of Olof Andehlin of Manti, Sanpete County, be and the same is hereby changed to Olofa Andelin. That the name of Christen Anderson of Ephraim, Sanpete County, be and the same is hereby changed to Christen Franson. That the name of John Conrad Naile be and the same is hereby changed to John Conrad Naegle; and that any and all legal rights and obligations existing in the respective names of Hans Olsen, Lous Strusberg, Alexander Hedquist, Olof Andehlin, Christen Anderson, and John Conrad Naile be and the same are hereby continued in the respective names of Hans O. Hansen, Louis Strasburg, Alexander S. Anderson, Olofa Andelin, Christen Franson, and John Conrad Naegle. Approved March 13, 1884.

CHAPTER LIII.

OF LOGAN CITY.

AN ACT amending "An Act to Incorporate Logan City," approved January 17, 1866.

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 31 of "An Act to Incorporate Logan City," approved January 17, 1866, be and the same is hereby amended so as to read as follows: SEC. 31. The city council of said city shall have power by ordinance and enforcement thereof to license, tax, and regulate, or to absolutely prohibit, the manufacture, sale, or giving away in any quantity of spirituous, vinous, fermented, or other intoxicating liquors; Provided, That if any person, corporation or association of persons is licensed or permitted within said city to carry on the business in whole or in part mentioned in this section then any other person, corporation, or association of persons not prohibited by the laws of this Territory, may carry on said business in like manner and under like restrictions and regulations.

SEC. 2. That Section 33 of said act be and the same is hereby amended so as to read as follows: SEC. 33. The city council of said city shall have power to license, tax, and regulate tavern and hotel keepers, boarding, victualing or coffee houses and restaurants or the keepers thereof.

SEC. 3. That Section 35 of said act be and the same is hereby amended so as to read as follows: SEC. 35. The city council of said city shall have power by ordinance and enforcement thereof to license, tax, and regulate the business of keeping or furnishing for use billiard or pool tables, pin alleys, nine or ten pin alleys, table and ball alleys or shooting galleries; to suppress or restrain all disorderly houses, to authorize the destruction and demolition of all instruments and devices used for the purpose of gaming or any kinds of gambling; to prevent any riot, noise, disturbance or disorderly assemblages; and to restrain and punish for vagrancy, mendicancy, begging and prostitution." Approved March 13, 1884.

ings and actions may be com. menced.

CHAPTER LIV.

OF CRIMINAL CASES IN JUSTICE'S COURTS.

AN ACT Revising the Proceedings in Justices' Courts, and providing for Appeals to District Courts in Criminal Cases.

Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, as follows:

CHAPTER I.

Complaint, Warrant, Plea and Change of Venue.

SECTION 1. All proceedings and actions before a How proceed justice's court, for a public offense of which such courts have jurisdiction, may be commenced by complaint under oath, setting forth the offense charged, with such particulars of time, place, person and property, as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint. The justice must note the time of filing the complaint by endorsement thereon; Provided, That police officers on duty may arrest any offender at the time or immediately after the commission of the offense, and bring him before the magistrate, who may direct his trial or examination to proceed, though no complaint has been filed; Provided further, That when a defendant is arrested without warrant as provided in this section, a sworn complaint must be immediately filed with the magistrate, or an accusation made and entered on the minutes, specifying the charge against the defendant, as provided in this section.

Proviso.

Additional proviso.

Warrant to be ssued.

SEC. 2. If the justice of the peace is satisfied that the offense complained of has been committed, he must issue a warrant of arrest, which must be substautially in the following form:

Territory of Utah,

County of

"The people of the Territory of Utah, to any sheriff, constable, marshal, or policeman in this Territory: Com

plaint upon oath having been this day made before mejustice of the peace, by C. D. that the offense of (designating it generally) has been committed, and accusing E. F. thereof; you are therefore commanded to arrest the above named E. F. and bring him before me forthwith, at (naming the place.)

Witness my hand at

A. D. 18-.

this

day of

A. B.

Justice of the Peace."

Form of war

rant.

Docket must

SEC. 3. A docket must be kept by the justice of the the in which must be entered each action, and the be kept. proceedings of the court therein.

peace,

SEC. 4. There are three kinds of pleas to a com- Kind of pleas to plaint; a plea of:

1. Guilty;

2.

Not guilty;

3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.

a complaint.

Pleas must be

tered in the min

SEC. 5. Every plea must be oral and entered in the minutes. If the defendant pleads guilty, the court may, be oral and enbefore entering such plea or pronouncing judgment examine utes. witnesses to ascertain the gravity of the offense committed; and if it appear to the court that a higher offense has been committed than the offense charged in the complaint, The court may the court may order the defendant to be committed or ad- hold defendants mitted to bail, to answer any indictment which may be found against him by the grand jury.

SEC. 6. Upon a plea other than a plea of guilty, if the defendant waive a trial by jury, and an adjournment or change of venue is not granted, the court must proceed to try the case.

to answer an in

dictment, when,

When court must proceed to try the case,

SEC. 7. A change of the place of trial may be had when change of at any time before the trial commences:

1. When it appears from the affidavit of the defendant that he has reason to believe, and does believe, that he cannot have a fair and impartial trial before the justice about to try the case, by reason of the prejudice or bias of such justice, the cause must be transferred to another justice of the same or another precinct in the same county, or to another justice of the same city.

2. When it appears by affidavit that the defendant cannot have a fair and impartial trial, by reason of the prejudice of the citizens of the precinct, the cause must be

the place of
trial may be had.

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