2. The county attorney or district attorney for witnesses in the state, in support of the prosecution, or for such other witnesses as the grand jury, upon an investigation pending before them, may direct; or, 3. The county attorney or district attorney for witnesses in the state in support of an information or indictment, to appear before the court in which it is to be tried; or, 4. The clerk of the court in which an information or indictment is to be tried; and he must, at any time, upon application of the defendant, and without charge, issue as many blank subpoenas, subscribed by him as clerk, for witnesses in the state, as the defendant may require. Sec. 2. This act shall take effect upon approval. CHAPTER 13. CONDITIONAL EXAMINATION OF WITNESSES. AN ACT to amend section 5031 of the Revised Statutes of Utah, 1898, relating to the conditional examination of witnesses. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 5031 of the Revised Statutes of Utah 1898 be and the same is hereby amended to read as follows: 5031. When order granted. Service on district attorney. If the court or judge is satisfied that the examination of witnesses is necessary, an order must be made that the witness be examined conditionally, at a specified time and place, and that a copy of the order be served on the district attorney, within a specified time before that fixed for the examination. Sec. 2. This act shall take effect upon approval. CHAPTER 14. NOTICE OF MOTION. AN ACT to amend section 3325, Revised Statutes of Utah, 1898, relating to time and manner of service of notice of motion and testimony upon the hearing of the motion. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3325, of the Revised Statutes of Utah, 1898, be, and the same is hereby, amended to read as follows: 3325. Five days' notice of motion. Exceptions. When a written notice of a motion is required by this code, or by a rule of the supreme or district court, it must be given, if the court be held in the same county with both parties, five days before the time appointed for the hearing; otherwise, ten days. When the notice is served by mail, the number of days before the hearing must be increased one day for every twenty-five miles of distance between the place of deposit and the place of service; such increase, however, not to exceed in all thirty days; but in all cases the court, or a judge thereof, may prescribe a shorter time. Testimony to sustain or resist a motion may be in the form of affidavits, or in such other form as the parties may agree on or the court or judge direct. If by affidavit, the person making the same may be required to appear by the court or judge and submit to cross-examination upon the matters contained in his affidavit. On failure to submit to such crossexamination, the court, in its discretion, may strike out the affidavit of such witness, and take such other measures as it may deem proper. Approved this 25th day of February, 1901. CHAPTER 15. POLL TAX. AN ACT to amend sections 1137 and 1744 of the Revised [Statutes of Utah, 1898, relating to duties and powers of road supervisors, and the time for collecting of poll tax. Be it enacted by the Legislature of the State of Utah: SECTION 1. That sections 1137 and 1744 of the Revised Statutes of Utah, 1898, are hereby amended to read as follows: 1137. Appointment of Supervisors. Duties and Powers. Road supervisors, under the direction and supervision of the board of county commissioners must: 1. Take charge of the public highways within their respective district. 2. Keep them clear of obstructions and in good repair. 3. Cause banks to be graded, bridges and causeways to be made where necessary, and keep the same in repair and renew them when necessary. 4. Give not less than two days' notice to the inhabitants of their respective districts, liable to do work on roads, stating when, where, with what implement, and under whose direction to work. 5. Collect the annual poll tax and direct and superintend the expenditure of that portion of the tax paid in labor. 6. Make to the board of county commissioners, on or before the third Monday in December of each year, a written report showing: First-The name of each person assessed for poll tax in his dis trict. Second-The name of each person who has paid his tax in labor and the amount paid. Third-The name of each person who has paid his tax in money, and the amount paid. Fourth-The amount of tax collected by suit, and the name of the delinquent. Fifth-The amount of uncollected tax, the name of each delinquent and the cause why such tax remains uncollected in each instance. Sixth-The amount and kind of labor expended in his district, and the places where such labor was performed. Seventh-A general description of the condition of the public highways in his district. Eighth-An accurate account of the time he himself was employed and the nature and items of the service rendered. 1744. Collection by supervisor. Notice, labor, receipt. The road supervisor of each road district shall, between the first day of January and the thirtieth day of November of each year, give at least two days' notice of the day or days and the place to work the roads to each person subject to road poll tax in his district, such notice to be given personally or in writing, and all persons so notified must meet him at such time and place, with such tools and implements as he may direct, and labor diligently under his direction for eight hours each day, and for such two days' labor the supervisor shall give to him a certificate which shall be evidence that he has performed such labor upon the public roads, and shall exempt him from performing labor in payment of road poll tax in that or any other road district for the same year. When a team shall be used by any person in doing such work on the roads, he shall be allowed a reasonable sum, to be applied on his poll tax, for the use of the same. The road supervisor shall give to any person who may perform labor in payment of his road tax a receipt showing the amount of money earned by such labor, which shall be evidence of the payment of such tax in the amount specified in the receipt. Sec. 2. This act shall take effect upon approval. CHAPTER 16. BANKING CORPORATIONS. AN ACT amending section 380, Revised Statutes of Utah, 1898, and limiting the total liability to banking corporations of any person, company, corporation or firm for money borrowed. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 380, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 380. Loans to individuals. Limits. The total liability to any banking corporation of any person or any company, corporation, or firm, for money borrowed, including in the liabilities of the company or firm the liabilities of the several members thereof, shall at no time exceed fifteen per cent of the amount of the capital stock paid in and of the surplus earned and set aside as the surplus fund of such bank; but the discount of bills of exchange drawn in good faith against existing values, and the discount of commercial or business paper actually owned by the person negotiating the same, shall not be construed as borrowed money. Sec. 2. This act shall take effect upon approval. Approved this 27th day of Feby., 1901. CHAPTER 17. SCHOOL DISTRICT BONDS. AN ACT to amend sections 1884 and 1885, Revised Statutes of Utah, 1898, relating to the bonding of school districts, and prescribing the denomination of such bonds, the maximum rate of interest on the same, the maximum amount of such bonds in any district, and prescribing the form of such bonds and the manner of voting, issuing and registering the same. Be it enacted by the Legislature of the State of Utah: SECTION 1. That sections 1884 and 1885, chapter 14, title 55, Revised Statutes of Utah, 1898, be and the same are hereby amended to read as follows: 1884. Denomination of bonds. Interest. Limitation of bonded indebtedness. The denomination of the bonds which may be issued under the provisions of this chapter shall be fifty dollars or some multiple of fifty, not exceeding one thousand dollars, and shall bear interest at the rate of not exceeding six per cent per annum, payable semi-annually, in accordance with interest coupons which shall be attached to said bonds. The amount of said bonds, including existing indebtedness, shall not exceed four per centum of the value of the taxable property in any school district, the value to be ascertained by the last assessment for state and county purposes previous to the incurring of such indebtedness, and such bonds shall be made payable not more than twenty years from their date. The trustees may reserve the right to redeem such bonds or any of them at any time after five years from their issue. 1885. Statement to county auditor. Form of bonds. Registration. Whenever any school district has voted to issue bonds, the trustees of such district shall immediately file with the county auditor of the county in which the school district is situated a certified copy of the order of the trustees authorizing such meeting to be called and held, and also certified copies of the notices posted calling such meeting, together with an affidavit showing when and where said notices were posted, and that they were posted as required by law and the order of the trustees. The trustees shall also file with said auditor a statement showing the value of taxable property in the district, and that the amount of bonds proposed to be issued does not exceed the proper per cent of the value of taxable property in the district, which statement shall be subscribed and sworn to by the trustees. The statement shall also bear the indorsement of the county superintendent of district schools, that the meeting was lawfully called and held, and the voting of the qualified taxpayers, the canvass of votes cast, and all matters in relation to the proposed issue of bonds in said school district were lawfully conducted, and that such bonds may be lawfully issued. Whenever any bonds are issued under the provisions of this chapter, they shall be lithographed or printed on bond paper, and shall state upon their face the date of their issue, the amount of the bond, to whom and for what purpose issued, the time and place of payment, and the rate of interest to be paid. They shall have printed on the margin the words "Authorized by act of the Legislature of the State of Utah, A. D. eighteen hundred and ninety-seven, and all supplemental and amendatory acts," and upon the back of the bonds shall be printed a certificate signed by the county auditor in substantially the following form: "I certify that the within bond is issued in accordance with law, and is within the debt limit permitted by the statutes of the state of Utah, and in accordance with the vote of the qualified taxpayers of school district of. county, state A. D. day of of Utah at a regular (or special) meeting held on the. , to issue bonds to the amount of dollars." They shall be signed by the chairman and the clerk of the board of trustees of the school district, and shall be registered and numbered in a book to be kept by the clerk for that purpose, in which shall be entered the number, date, denomination, name of the person to whom issued, and the date, when the same shall become due. Sec. 2. This act shall take effect upon approval. Approved this 2nd day of March, 1901. CHAPTER 18. COMPULSORY VACCINATION. AN ACT to prevent compulsory vaccination and to prevent vaccination being made a condition precedent to entering the public schools of Utah. Be it enacted by the Legislature of the State of Utah: SECTION 1. Unlawful to compel vaccination. That hereafter it shall be unlawful for any board of health, board of education, or any other public board, acting in this state under police regulations or otherwise, to compei by resolution, order or proceedings of any kind, the vaccination of any child, or person of any age; or making vaccination a condition precedent to the attendance at any public or private school in the state of Utah, either as pupil or teacher. Sec. 2. This act shall take effect upon approval. [NOTE. The within act having been returned by his excellency, the Governor, to the House, that being the house in which it originated, without his approval, with his objections thereto, and the House having entered at large his objections upon its journal, proceeded to reconsider the bill and thereupon the said bill passed both houses by a yea and nay vote of two-thirds of the members elected to each house was deposited and filed in the office of the Secretary of State of the state of Utah this second day of March, A. D. 1901.] |