imprisonment in the county jail for not less than two months nor more than six months or by both such fine and imprisonment, together with all costs. One-half of such fine shall be paid to the informer and the other half into the treasury of the state of Utah. Sec. 7. Id. Any person or persons making a false statement under oath as provided in this act, shall be liable to prosecution for perjury and suffer the penalties of the same as provided by the laws of this state. Any person or persons driving, baiting, enticing, bringing from outside the state or for breeding, rearing, or taking any of the animals mentioned in this act, for the purpose of procuring bounties thereon, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than fifty dollars, nor more than two hundred dollars, in the discretion of the court, for each and every offense so committed. Sec. 8. Clerk may administer oaths. Any county clerk of the state of Utah shall be authorized to administer oaths for the purpose of this act. Sec 9. Appropriation. For the purpose of carrying out the provisions of this act, there is hereby appropriated out of the general revenue fund the sum of ten thousand dollars for each fiscal year of 1901, 1902, or so much thereof as may be necessary, and not otherwise appropriated. Sec. 10. This act shall take effect upon approval. CHAPTER 138. MUNICIPAL ELECTIONS. AN ACT to amend section 890 of the Revised Statutes of Utah, 1898, relating to the municipal elections. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 890, of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 890. Appointment of judges. Voting places. Laws governing. In all municipal elections the city council and board of trustees of the town shall appoint judges of election and designate the places of voting. There must be at least one voting place in each election district in cities, at any regular election. At special elections for any purpose there shall be at least one voting place in each municipal ward. All elections must be conducted according to the general laws of the state, and all notices and lists of names required to be posted by registry agents prior to any general election shall also be posted by the registry agents prior to any municipal election, the necessary changes being made as to time of posting same, Approved this 26th day of March, 1901. CHAPTER 139. PARTIAL DISTRIBUTION OF ESTATES OF DECEDENTS. AN ACT to amend sections 3948 and 3949 of the Revised Statutes of Utah, 1898, relating to the partial distribution of the estates of decedents. Be it enacted by the Legislature of the State of Utah: SECTION 1. That sections 3948 and 3949 of the Revised Statutes of Utah, 1898, be, and the same are hereby amended to read as follows: 3948. Petition for partial distribution. At any time after the lapse of four months from the issuance of letters testamentary or of administration any heir, devisee or legatee may present his petition. to the court for the distribution to him of the legacy or share of the estate to which he is entitled, or any person to whom any parcel or parcels of real estate left by deceased may have been conveyed by the heirs or devisees of deceased may present his petition to the court for the distribution to him of such real estate so conveyed. Any partial distribution aforesaid may be made upon such distributee giving bond with security for the payment of his portion of the debts of the estate as hereinafter provided. Notice of such application for partial distribution must be given. 3949. When allowed. If, at the hearing, it appears that the estate is but little indebted, and that the share of the party applying or real estate granted to the party applying, as aforesaid, may be allowed to him without loss to the creditors of the estate, the court must make an order in conformity with the prayer of the applicant requiring: 1. Each heir, legatee or devisee obtaining such order before receiving his share or any portion thereof, and each grantee of the heirs or devisees obtaining such order before receiving distribution of the real estate granted to him as aforesaid, to execute and deliver to the executor or administrator a bond in such sum as shall be designated by the court, with sureties to be approved by the judge or court, payable to the executor or administrator and conditioned for the payment whenever required of his proportion of the debts due from the estate not exceeding the value or amount of the legacy or portion or parcel of the estate distributed to him hereunder; 2. The executor or administrator to deliver to the heir, legatee or devisee or grantee as aforesaid the whole portion of the estate distributed to him as aforesaid, designating it. If in the execution of the order a partition is necessary between two or more of the parties interested it must be made in the manner hereinafter prescribed. The costs of these proceedings shall be paid by the applicant or if there be more than one, shall be apportioned equally among them. When any such partial distribution shall be made as herein above provided the title to the estate so distributed shall be freed from the claims of creditors and from the debts, expenses and obligations of the estate and of the administration thereof. Approved this 26th day of March, 1901. CHAPTER 140. DOCKING HORSE'S TAIL. AN ACT making it unlawful to dock the tail of any horse, fixing a penalty therefor, and evidence thereof, and the disposition of fines collected on acccunt of conviction of persons guilty of cruelty to animals. Be it enacted by the Legislature of the State of Utah: SECTION 1. Penalty for docking horse's tail. Whoever cuts the bone of the tail of any horse for the purpose of docking the tail, or whoever causes or knowingly permits it to be done upon premises of which he is the owner, lessee, proprietor, or user, or whoever assists in, shall be punished by fine of not less than twenty-five dollars, nor more than one hundred dollars. Sec. 2. What is prima facie evidence. If a horse is found with its tail so cut, and with the wound resulting from such cutting unhealed, upon the premises of any person, such fact shall be prima facie evidence that the person who occupies or has the use of the premises on which such horse is so found has committed the offense described in section one. Sec. 3. Id. If a horse is found with his tail so cut, and with the wound resulting from such cutting unhealed, in the charge or custody of any person, such fact shall be prima facie evidence that the person having charge or custody of such horse has committed the offense charged in section 1. Sec. 4. Fines collected for cruelties to animals where paid in certain cases. In all cases of prosecution for cruelties inflicted upon dumb animals, the fines collected upon or resulting from the complaint or information of any officer or agent of the Utah Humane Society shall be paid to said society, less a sum equal to the expense of prosecution, which sum shall be determined by the court or trial justice. Sec. 5. Disposal of abandoned diseased or disabled animal. Any officer or agent of the Utah Humane Society may take charge of any animal found abandoned that may appear to be diseased or disabled beyond recovery for any useful purpose; and thereupon shall, as quickly as may be, cause such animal to be appraised under oath by two reputable citizens who shall view the same in his pres ence and determine its value, and if such appraised value does not exceed five dollars, such officer may at once cause said animal to be killed in a humane manner. Said society shall thereupon be indebted to the owner for the amount of its value, except when the appraisers determine that the death of the animal was rendered necessary by the owner's wilful abandonment or cruelty; and said society shall pay to the appraisers a reasonable compensation for their services. Approved this 26th day of March, 1901. |