in and without this state, and to acquire by purchase or otherwise capital stock of any other railroad corporation whose lines are or may be within or without this state, and to issue from time to time. capital stock to an amount not exceeding the amount authorized by and stated in the articles of association, and from time to time to issue bonds for such sum or sums and payable at such times and places and drawing interest at such rate as the directors may deem proper, and to execute trust deeds or mortgages or both upon the whole or any part of the railroad lines, property, franchises, incomes and profits, then owned or thereafter acquired by such corporation situated within or partly within and partly without this state, to secure payment of such bonds and interest, and may use such bonds and stock or any part thereof in payment for the property purchased by such corporation, or the improvement or extension thereof upon such terms as the directors may deem expedient. Sec. 3. Id. Such corporation shall in addition to the foregoing powers be vested with and be entitled to exercise and enjoy all powers, rights, privileges and franchises which at the time of sale belonged to or were vested in the corporation or corporations last owning the property sold, as well as all the rights, privileges and franchises of railroad corporations organized under the laws of this state, and except as herein otherwise provided shall be subject to all the duties and liabilities not inconsistent with the provisions of this act imposed by the laws of this state upon railroad corporations. Sec. 4. Id. Any corporation formed under this act may construct or acquire by lease, purchase, consolidation, ownership of capital stock or otherwise, branches, extensions, cut-offs and connecting lines within or without this state, and, for such purposes.or any of them, may from time to time create and issue its stock, execute bonds and mortgages, and make such contracts and do such acts as the directors shall deem necessary or expedient, provided such acts and contracts are not in violation of the constitution of the state; provided, however, that if the capital stock so issued shall together with the stock theretofore issued exceed the amount authorized by the original articles of association, amended articles of association, setting forth the amount of such excess, shall first be filed with the Secretary of State in like manner as provided in section one of this act. Sec. 2. Acts validated. That said chapter be and the same is hereby re-enacted as so amended, and that all acts done and performed as under said chapter be and the same are hereby confirmed with the like effect as if the said chapter as so amended had been in full force and effect on and at all times since January 22nd, 1897. Sec. 3. This act shall take effect upon approval. Approved this 4th day of February, 1901. CHAPTER 4. BURIAL OF DECEASED SOLDIERS. AN ACT to provide for the burial of honorably discharged 'soldiers, sailors and marines of the United States who may hereafter die without leaving means sufficient to defray funeral expenses, and to provide headstones for their graves, and to relieve honorably discharged soldiers, sailors and marines from the payment of poll tax. Be it enacted by the Legislature of the State of Utah: SECTION 1. County commissioners to cause certain soldiers who may die to be buried. It shall be the duty of the county commissioners in each of the counties of the state to cause to be decently interred the body of any honorably discharged soldier, sailor or marine of the United States who may hereafter die without leaving sufficient means to defray funeral expenses. Such burial shall not be made in that portion of any cemetery or burial ground used exclusively for the "pauper" dead. The expense of such burial shall not exceed the sum of $70.00. In case the deceased should have relatives or friends who shall desire to conduct the funeral services, they shall be permitted to do so and the expense shall be paid as herein provided. Sec. 2. Grave to be marked. The county commissioners shall see that the grave of such soldier, sailor or marine is marked by a headstone bearing the name of the deceased and the organization to which he belonged or in which he served in the army or navy: provided, that such headstone shall not cost more than the sum of $30.00, and shall be of such design and material as may be approved by the board of county commissioners. Sec. 3. Expense to be paid by county. The expense of such burial and headstone shall be paid by the county in which said soldier, sailor or marine died; but if such deceased person had a residence in any other county in this state than the one paying such expense, the county of his residence shall refund the money advanced to the county wherein he died. Sec. 4. How paid. Expense of such burial and headstones shall be audited and paid as other accounts are audited and paid by the county. Sec. 5. Honorably discharged soldiers exempt from poll tax. All honorably discharged soldiers, sailors or marines of the United States living in this state shall be exempt from the payment of poll tax. Sec. 6. This act shall take effect upon approval. CHAPTER 5. PROCEEDINGS AGAINST CORPORATIONS. AN ACT to amend section 5076 of the Revised Statutes of Utah, 1898, relating to proceedings against corporations. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 5076 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 5076. Prosecution by information or indictment. If the magistrate's return shows that there is sufficient cause to believe the corporation guilty of the offense charged, the district attorney or grand jury must proceed thereon as in the case of a natural person held to answer. Sec. 2. This act shall take effect upon approval. CHAPTER 6. FUGITIVES FROM JUSTICE. AN ACT to amend sections 5109 and 5110 of the Revised Statutes of Utah, 1898, relating to notices to and duties of district attorneys in cases of extradition. Be it enacted by the Legislature of the State of Utah: SECTION 1. That sections 5109 and 5110 of the Revised Statutes of Utah, 1898, be and the same are hereby amended to read as follows: 5109. Notice to district attorney of arrest. Immediately upon the arrest of the person charged, the magistrate must give notice to the district attorney. 5110. Duty of district attorney. The district attorney must immediately thereafter give notice to the executive authority of the state or territory or to the prosecuting attorney or presiding judge of the criminal court of the city or county therein having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged. Sec. 2. This act shall take effect upon approval. CHAPTER 7. GRAND JURY. AN ACT to amend section 4720 of the Revised Statutes of Utah, 1898,relating to the powers and duties of the grand jury, to the powers and duties of the district attorney, and designating who may and who may not be present during sessions of the grand jury. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 4720 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 4720. Court and district attorney to advise jury. Exclusion of persons. The grand jury may, at all reasonable times, ask the advice of the court or the judge thereof, or of the district attorney, but unless such advice is asked, the judge of the court must not be present during the sessions of the grand jury. The district attorney or attorneys for the state may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable by them, and may interrogate witnesses before them whenever they or he shall think it necessary; but no other person shall be permitted to be present during the sessions of the grand jury, except the members, interpreters and witnesses actually under examination, and no person must be permitted to be present during the expression of their opinion or the giving of their votes upon any matter before them. Sec. 2. This act shall take effect upon approval. CHAPTER 8. NOTICE OF APPLICATION FOR BAIL. AN ACT to amend section 4989 of the Revised Statutes of Utah, 1898, relating to notice of application for bail. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 4989 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 4989. Notice to district attorney of application for bail. When the admission to bail is a matter of discretion, the court or officer to whom the application shall be made must require reasonable notice thereof to be given to the district attorney. Sec. 2, This act shall take effect upon approval. CHAPTER 9. DISMISSAL OF CRIMINAL ACTION. AN ACT to amend section 5068 of the Revised Statutes of Utah, 1898, relating to dismissal of criminal actions in the district court, by the court or district attorney and requiring the reasons for such dismissal to be entered upon the minutes of the court. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 5068 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 5068. Dismissal on motion of court or district attorney. The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order an action, information or indictment to be dismissed. The reasons for the dismissal must be set forth in an order entered upon the minutes. Sec. 2. This act shall take effect upon approval. Approved this 14th day of February, 1901. CHAPTER 10. BENCH WARRANTS. AN ACT to amend section 4909 of the Revised Statutes of Utah, 1898, relating to the application for a bench warrant by the district attorney and the issuance thereof by the clerk of the court. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 4909 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 4909. Bench warrant. On application district attorney. The clerk, on the application of the district attorney, may, at any time after the order, whether the court is sitting or not, issue a bench warrant into one or more counties. Sec. 2. This act shall take effect upon approval. |