demeanor.

ries on, opens or causes to be opened, or who conducts, either as owner or employee; whether for hire or not, any game of faro, monte, roulette, Plains, what lansquenet, rouge it noire, rondo, or any game played with cards, dice, or any other device, for money, checks, credit or any other representative value, is guilty of a misdemeanor.

Approved February 16th, 1888.

CHAPTER VI.

EVIDENCE.

AN ACT Amending Sections 1167, 1168 and 1173 of
Chapter III, Title X of "An Act Revising the Code
of Civil Procedure of Utah Territory," approved
March 13, 1884.

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 1167 of "An Act Revising the Code of Civil Procedure of Utah Territory," approved March 13th, 1884, be amended so as to read as follows:

What books, and when ad

idence.

Section 1167. Books purporting to be printed or published under the authority of a State, Ter- missible in ev ritory or foreign country, and to contain the Statutes Code or other written law of said State, Territory or country, or proved to be commonly admitted in the tribunals of such State, Territory or country as evidence of the written law thereof, are admissible in this Territory as evidence of such law.

SEC. 2. That Section 1168 of said Act, be amended so as to read as follows:

Written laws

tings of any or foreign

Section 1168. A copy of the written law or other public writing of any State, Territory or or public wr.foreign country, attested by the certificate of the State, Territory officer having charge of the original, under the country; how public seal of the State, Territory or coun. try, or attested by the certificate of the

admissible in evidence.

Judicial r2.

cord of foreign

attested,

keeper thereof and the seal of his office annexed, if there be a seal, together with the certificate of the presiding justice of the county, parish or district, in which such office may be kept, or of the Governor, Secretary of State, or Chancellor, or, if of a foreign country, the certificate of the Minister or Ambassador, or a Consul, Vice-Consul, or Consular Agent of the United States in such foreign country, that the attestation of such keeper is in due form and by the proper officer, is admissible as evidence of such law or writing.

SEC. 3. That Section 1173 of said Act be so amended as to read as follows:

Section 1173. A judicial record of a foreign country may be proved by the attestation of the country; Low clerk with the seal of the court annexed, if there be a clerk and seal, or of the keeper of the record, with the seal of his office annexed, if there be a seal, together with a certificate of the Chief Judge or presiding Magistrate, or Minister or Ambassador, or a Consul, Vice-Consul, or Consul Agent of the United States, in such foreign country, that the attestation is in due form and by the proper officer.

Approved February 16th, 1888.

CHAPTER VII.

APPEALS.

AN ACT Amending Title XII, Chapter II, Section 855,
of an Act Revising the Code of Civil Procedure of
Utah Territory relating to Appeals from Justices'
Courts to the District Court.

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 855 of an Act entitled "An Act Revising the Code of Civil Procedure of Utah Territory,' be and is hereby amended to read as follows:

cases to be heard anew.

Section. 855. All causes appealed to the District Court shall be heard anew in said court, and Appeled said court may regulate by rule the practice in such cases in all respects not provided for by statute. Provided, That pleadings in the District Court in said cases may be amended in all respects in the same manner, and upon the same be amended in terms as are now or hereafter may be provided Appet for the amendment of pleadings, in cases orig-of practice n inally commenced in the District Court.

SEC. 2. This act shall be in force from and after its approval by the Governor, and all laws in conflict with this act are hereby repealed. Approved February 16th, 1888.

Pleadings may

District Court.

Court may prescribe rules

appeal.

CHAPTER VIII.

DEAD ANIMALS.

AN ACT Amending Sections 2 and 3, Chapter 6, Title IX of the Compiled Laws of Utah, relating to the Removal or Burial of Dead Animals.

mals.

depositonland

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That an Act entitled "An Act Providing for the Dead aniRemoval or Burial of Dead Animals," approved February 18, 1870, be, and the same is hereby amended by inserting after the word "ditch," in line 5, Section 2, of said act, the following: "And it shall be unlawful for any person removing such Unlawful to dead animal, to deposit the same on the land of of another. another without his consent; and a failure to remove it therefrom upon notice of the owner or possessor of such land, shall constitute a misdemeanor, punishable as in Section three of this Act provided;" and by adding to Section three the following: "And the judgment requiring the de- Fine and fendant to pay such fine or the fine and costs of suit, may also direct that he be imprisoned in the county jail until such fine, or such fine and

imprisonment.

costs, as the case may be, are paid, in proportion of one day's imprisonment for every dollar of the fine and costs.'

This Act shall take effect and be in force on and after its passage and approval.

Approved February 20th, 1888.

CHAPTER IX

REHEARING.

An ACT Amending Section 847 of Chapter I, Title XII, of the Code of Civil Procedure, providing for a Hearing on Appeals in the Supreme Court.

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 847, Chapter I, Title XII, of the Code of Civil Procedure, be amended by adding thereto the following: Provided, That if, within 20 days after filing of the decision with the clerk of said court, When and by or such further time as the court or one of the

Rehearing.
Petition for.

whom granted. justices may allow, if the court be not in session, the party against whom the judgment has been entered may move the court for a rehearing of said cause, by his petition in writing filed for that purpose.

Petition oper

tion shall con

tain.

Such petition shall operate as a stay of proceedings until a decision of the motion therein. What the pet: The petition shall state the grounds upon which it is based, and shall present at large the points, authorities and reasons relied upon therefor, and shall be supported by the certificate of the attorney of the party, if he has appeared by attorney, to the effect, that in his opinion, there is good reason to believe the judgment objected to is erroneous and the cause ought to be re-examined.

Remittitur.

Provided further, That in all cases where, on notice to the party against which the judgment is entered in any case, the party does not signify an intention to move for a rehearing, the court may order a remittitur at any time.

Approved February 20th, 1888.

CHAPTER X.

CRIMES AGAINST ELECTIVE FRANCHISE.

AN ACT to prevent Crimes against the Elective Franchise.

Punishment

of this Act.

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That every person charged with the performance of any duty under the provisions of any law of this Territory or of Congress relating to elections in for violation this Territory, who willfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws is, unless a different punishment for such acts or omissions is prescribed by law, punishable by fine not exceeding one thousand dollars, or by imprisonment in the penitentiary not exceeding two years, or by both.

SEC. 2. Every person who willfully causes, procures, or allows himself to be registered in any precinct, or city register list in any county, knowing himself not to be entitled to such registration; and every person who willfully causes, Fraudulent procures, advises, encourages or assists any other How punished. person to be registered in any precinct or city register list in any county, knowing or believing such person not to be entitled to such registration, is punishable by fine not exceeding one thousand dollars, or by imprisonment in the penitentiary not exceeding one year, or by both. In all cases where on the trial of a person charged with any offense under the provisions of this section, it appears in evidence that the accused stands registered in any such precinct or city register list in such county, without being duly qualified and entitled to such registration, the registration. Court upon conviction must order such registration to be canceled.

SEC. 3. Every person not entitled to vote who fraudulently votes, and every person who

Cancellation of